12 2 STA T .3908PUBLIC LA W 110 – 3 4 3 —O CT. 3 , 2008 ‘ ‘ (D)Ther e m e di e sfo rf a i lu re of t he S e c retar y co n cerned to com p ly w ith the terms of the a g reement consistent with current F ederal law . ‘‘( 2 ) LIM I TEDUS E OF FEDE RAL FU N DS. — The Secretary con - cerned may decide , at the sole discretion of the Secretary con- cerned, to co v er the costs of a portion of an approved pro j ect using Federal funds appropriated or otherwise availa b le to the Secretary for the same purposes as the project. ‘‘(b) TRANSFER OF P RO J E C T FUNDS.— ‘‘( 1 ) I NITIAL TRANSFER RE Q UIRED.— A s soon as practicable after the agreement is reached under subsection (a) with regard to a project to be funded in whole or in part using project funds, or other funds described in section 2 03 (a)(2), the Sec- retary concerned shall transfer to the applicable unit of N ational Forest System land or B ureau of Land M anagement District an amount of project funds e q ual to— ‘‘(A) in the case of a project to be completed in a single fiscal year, the total amount specified in the agree- ment to be paid using project funds, or other funds described in section 203(a)(2)
or ‘‘(B) in the case of a multiyear project, the amount specified in the agreement to be paid using project funds, or other funds described in section 203(a)(2) for the first fiscal year. ‘‘(2) C ONDITION ON P ROJECT COMMENCEMENT.—The unit of National Forest System land or Bureau of Land Management District concerned, shall not commence a project until the project funds, or other funds described in section 203(a)(2) required to be transferred under paragraph (1) for the project, have been made available by the Secretary concerned. ‘‘(3) SU B SEQUENT TRANSFERS FOR MULTI Y EAR PROJECTS.— ‘‘(A) IN G ENERAL.—For the second and subsequent fiscal years of a multiyear project to be funded in whole or in part using project funds, the unit of National Forest System land or Bureau of Land Management District con- cerned shall use the amount of project funds required to continue the project in that fiscal year according to the agreement entered into under subsection (a). ‘‘(B) SUSPENSION OF W OR K .—The Secretary concerned shall suspend wor k on the project if the project funds required by the agreement in the second and subsequent fiscal years are not available. ‘ ‘ SEC.207 . AV A IL A B ILI TYOFPR O J ECT F UND S. ‘‘(a) SUBMISSION OF PROPOSED PROJECTS TO O BLIGATE FUNDS.— By September 30, 200 8 (or as soon thereafter as the Secretary concerned determines is practicable), and each September 30 there- after for each succeeding fiscal year through fiscal year 2011, a resource advisory committee shall submit to the Secretary concerned pursuant to section 203(a)(1) 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) U SE OR TRANSFER OF UNOBLIGATED FUNDS.—Subject to section 208, 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 16USC7 1 2 7 .
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