US Code
SUBCHAPTER II— SPECIAL PROJECTS ON FEDERAL LAND
§ 7124. Evaluation and approval of projects by Secretary concerned

(a) Conditions for approval of proposed projectThe Secretary concerned may make a decision to approve a project submitted by a resource advisory committee under section 7123 of this title only if the proposed project satisfies each of the following conditions:(1) The project complies with all applicable Federal laws (including regulations).
(2) The project is consistent with the applicable resource management plan and with any watershed or subsequent plan developed pursuant to the resource management plan and approved by the Secretary concerned.
(3) The project has been approved by the resource advisory committee in accordance with section 7125 of this title, including the procedures issued under subsection (e) of that section.
(4) A project description has been submitted by the resource advisory committee to the Secretary concerned in accordance with section 7123 of this title.
(5) The project will improve the maintenance of existing infrastructure, implement stewardship objectives that enhance forest ecosystems, and restore and improve land health and water quality.
(b) Environmental reviews(1) Request for payment by countyThe Secretary concerned may request the resource advisory committee submitting a proposed project to agree to the use of project funds to pay for any environmental review, consultation, or compliance with applicable environmental laws required in connection with the project.
(2) Conduct of environmental reviewIf a payment is requested under paragraph (1) and the resource advisory committee agrees to the expenditure of funds for this purpose, the Secretary concerned shall conduct environmental review, consultation, or other compliance responsibilities in accordance with Federal laws (including regulations).
(3) Effect of refusal to pay(A) In generalIf a resource advisory committee does not agree to the expenditure of funds under paragraph (1), the project shall be deemed withdrawn from further consideration by the Secretary concerned pursuant to this subchapter.
(B) Effect of withdrawalA withdrawal under subparagraph (A) shall be deemed to be a rejection of the project for purposes of section 7127(c) of this title.
(c) Decisions of Secretary concerned(1) Rejection of projects(A) In generalA decision by the Secretary concerned to reject a proposed project shall be at the sole discretion of the Secretary concerned.
(B) No administrative appeal or judicial reviewNotwithstanding any other provision of law, a decision by the Secretary concerned to reject a proposed project shall not be subject to administrative appeal or judicial review.
(C) Notice of rejectionNot later than 30 days after the date on which the Secretary concerned makes the rejection decision, the Secretary concerned shall notify in writing the resource advisory committee that submitted the proposed project of the rejection and the reasons for rejection.
(2) Notice of project approvalThe Secretary concerned shall publish in the Federal Register notice of each project approved under subsection (a) if the notice would be required had the project originated with the Secretary.
(d) Source and conduct of projectOnce the Secretary concerned accepts a project for review under section 7123 of this title, the acceptance shall be deemed a Federal action for all purposes.
(e) Implementation of approved projects(1) CooperationNotwithstanding chapter 63 of title 31, using project funds the Secretary concerned may enter into contracts, grants, and cooperative agreements with States and local governments, private and nonprofit entities, and landowners and other persons to assist the Secretary in carrying out an approved project.
(2) Best value contracting(A) In generalFor any project involving a contract authorized by paragraph (1) the Secretary concerned may elect a source for performance of the contract on a best value basis.
(B) FactorsThe Secretary concerned shall determine best value based on such factors as—(i) the technical demands and complexity of the work to be done;
(ii)(I) the ecological objectives of the project; and
(II) the sensitivity of the resources being treated;
(iii) the past experience by the contractor with the type of work being done, using the type of equipment proposed for the project, and meeting or exceeding desired ecological conditions; and
(iv) the commitment of the contractor to hiring highly qualified workers and local residents.
(f) Requirements for project fundsThe Secretary shall ensure that at least 50 percent of all project funds be used for projects that are primarily dedicated—(1) to road maintenance, decommissioning, or obliteration; or
(2) to restoration of streams and watersheds.