16 U.S.C. § 7127 — Availability of project funds
submitted 18 years ago by Pub. L. 106-393 to r/title-16-CONSERVATION · 290 words · no verdicts yet
This section requires resource advisory committees to submit enough projects to obligate reserved funds. It explains how unobligated funds carry forward and what happens when a Federal court blocks an approved project.
(a) Submission of proposed projects to obligate funds By September 30 of each fiscal year (or a later date specified by the Secretary concerned* for the fiscal year), a resource advisory committee* must submit to the Secretary concerned pursuant to section 7123(a)(1) of this title a sufficient number of project proposals that, if approved, would result in the obligation of at least the full amount of the project funds* reserved by the participating county* in the preceding fiscal year. (b) Use or transfer of unobligated funds Subject to section 7128 of this title , if a resource advisory committee fails to comply with subsection (a) for a fiscal year, any project funds reserved by the participating county in the preceding fiscal year and remaining unobligated must be available for use as part of the project submissions in the next fiscal year. (c) Effect of rejection of projects Subject to section 7128 of this title , any project funds reserved by a participating county in the preceding fiscal year that are unobligated at the end of a fiscal year because the Secretary concerned has rejected one or more proposed projects must be available for use as part of the project submissions in the next fiscal year. (d) Effect of court orders (1) In general If an approved project under this chapter is enjoined or prohibited by a Federal court, the Secretary concerned must return the unobligated project funds related to the project to the participating county or counties that reserved the funds. (2) Expenditure of funds The returned funds must be available for the county to expend in the way the funds reserved by the county under subparagraph (B)(i), (B)(ii), or (C)(i) of section 7112(d)(1) of this title .
By September 30 of each fiscal year (or a later date specified by the Secretary concerned* for the fiscal year), a resource advisory committee* shall submit to the Secretary concerned pursuant to section 7123(a)(1) of this title a sufficient number of project proposals that, if approved, would result in the obligation of at least the full amount of the project funds* reserved by the participating county* in the preceding fiscal year.
Subject to section 7128 of this title, if a resource advisory committee fails to comply with subsection (a) for a fiscal year, any project funds reserved by the participating county in the preceding fiscal year and remaining unobligated shall be available for use as part of the project submissions in the next fiscal year.
Subject to section 7128 of this title, any project funds reserved by a participating county in the preceding fiscal year that are unobligated at the end of a fiscal year because the Secretary concerned has rejected one or more proposed projects shall be available for use as part of the project submissions in the next fiscal year.
If an approved project under this chapter is enjoined or prohibited by a Federal court, the Secretary concerned shall return the unobligated project funds related to the project to the participating county or counties that reserved the funds.
The returned funds shall be available for the county to expend in the same manner as the funds reserved by the county under subparagraph (B)(i), (B)(ii), or (C)(i) of section 7112(d)(1) of this title.
Source credit: (Pub. L. 106–393, title II, § 207, as added Pub. L. 110–343, div. C, title VI, § 601(a), Oct. 3, 2008, 122 Stat. 3908; amended Pub. L. 112–141, div. F, title I, § 100101(a)(2), July 6, 2012, 126 Stat. 905; Pub. L. 113–40, § 10(a)(2)(D), Oct. 2, 2013, 127 Stat. 545; Pub. L. 114–10, title V, § 524(c)(3), Apr. 16, 2015, 129 Stat. 180; Pub. L. 115–141, div. O, title IV, § 401(b)(3), Mar. 23, 2018, 132 Stat. 1079.)
- 2008Enacted · Pub. L. 106-393 · 122 Stat. 3908
- 2012Amended · Pub. L. 112-141 · 126 Stat. 905
- 2013Amended · Pub. L. 113-40 · 127 Stat. 545
- 2015Amended · Pub. L. 114-10 · 129 Stat. 180
- 2018Amended · Pub. L. 115-141 · 132 Stat. 1079
A history note hasn’t been published yet. The record shows enactment by Pub. L. 106-393 on 2008-10-03.
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