Sec. 431. allocation of projects, national parks and public land legacy restoration fund and land and water conservation fund
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## SEC. 431 allocation of projects, national parks and public land legacy restoration fund and land and water conservation fund ###
(a)####
(1)**[**[54 U.S.C. 200303 note](/us/usc/t54/s200303)**]** Within 45 days of enactment of this Act, the Secretary of the Interior shall allocate amounts made available from the National Parks and Public Land Legacy Restoration Fund for fiscal year 2022 pursuant to subsection
(c)of section 200402 of title 54, United States Code, and as provided in subsection
(e)of such section of such title, to the agencies of the Department of the Interior and the Department of Agriculture specified, in the amounts specified, for the stations and unit names specified, and for the projects and activities specified in the table titled “Allocation of Funds: National Parks and Public Land Legacy Restoration Fund Fiscal Year 2022” in the explanatory statement described in section 4 (in the matter preceding division A of this consolidated Act). ####
(2)Within 45 days of enactment of this Act, the Secretary of the Interior and the Secretary of Agriculture, as appropriate, shall allocate amounts made available for expenditure from the Land and Water Conservation Fund for fiscal year 2022 pursuant to subsection
(a)of section 200303 of title 54, United States Code, to the agencies and accounts specified, in the amounts specified, and for the projects and activities specified in the table titled “Allocation of Funds: Land and Water Conservation Fund Fiscal Year 2022” in the explanatory statement described in section 4 (in the matter preceding division A of this consolidated Act). ###
(b)Except as otherwise provided by subsection
(c)of this section, neither the President nor his designee may allocate any amounts that are made available for any fiscal year under subsection
(c)of section 200402 of title 54, United States Code, or subsection
(a)of section 200303 of title 54, United States Code, other than in amounts and for projects and activities that are allocated by subsections (a)(1) and (a)(2) of this section: * Provided*, That in any fiscal year, the matter preceding this proviso shall not apply to the allocation of amounts for continuing administration of programs allocated funds from the National Parks and Public Land Legacy Restoration Fund or the Land and Water Conservation Fund, which may be allocated only in amounts that are no more than the allocation for such purposes in subsections (a)(1) and (a)(2) of this section. ###
(c)The Secretary of the Interior and the Secretary of Agriculture may reallocate amounts from each agency’s “Contingency Fund” line in the table titled “Allocation of Funds: National Parks and Public Land Legacy Restoration Fund Fiscal Year 2022” to any project funded by the National Parks and Public Land Legacy Restoration Fund within the same agency, from any fiscal year, that experienced a funding deficiency due to unforeseen cost overruns, in accordance with the following requirements: ####
(1)“Contingency Fund” amounts may only be reallocated if there is a risk to project completion resulting from unforeseen cost overruns; ####
(2)“Contingency Fund” amounts may only be reallocated for cost of adjustments and changes within the original scope of effort for projects funded by the National Parks and Public Land Legacy Restoration Fund; and ####
(3)The Secretary of the Interior or the Secretary of Agriculture must provide written notification to the Committees on Appropriations 30 days before taking any actions authorized by this subsection if the amount reallocated from the “Contingency Fund” line for a project is projected to be 10 percent or greater than the following, as applicable: #####
(A)The amount allocated to that project in the table titled “Allocation of Funds: National Parks and Public Land Legacy Restoration Fund Fiscal Year 2022” in the explanatory statement described in section 4 (in the matter preceding division A of this consolidated Act); or #####
(B)The initial estimate in the most recent report submitted, prior to enactment of this Act, to the Committees on Appropriations pursuant to section 434(e) of Division G of the Consolidated Appropriations Act, 2021 (Public Law 116-260). ###
(d)####
(1)Concurrent with the annual budget submission of the President for fiscal year 2023, the Secretary of the Interior and the Secretary of Agriculture shall each submit to the Committees on Appropriations of the House of Representatives and the Senate project data sheets for the projects in the “Submission of Annual List of Projects to Congress” required by section 200402(h) of title 54, United States Code: * Provided*, That the “Submission of Annual List of Projects to Congress” must include a “Contingency Fund” line for each agency within the allocations defined in subsection
(e)of section 200402 of title 54, United States Code: * Provided further*, That in the event amounts allocated by this Act or any prior Act for the National Parks and Public Land Legacy Restoration Fund are no longer needed to complete a specified project, such amounts may be reallocated in such submission to that agency’s “Contingency Fund” line: * Provided further*, That any proposals to change the scope of or terminate a previously approved project must be clearly identified in such submission. ####
(2)#####
(A)Concurrent with the annual budget submission of the President for fiscal year 2023, the Secretary of the Interior and the Secretary of Agriculture shall each submit to the Committees on Appropriations of the House of Representatives and the Senate a list of supplementary allocations for Federal land acquisition and Forest Legacy Projects at the National Park Service, the U.S. Fish and Wildlife Service, the Bureau of Land Management, and the U.S. Forest Service that are in addition to the “Submission of Cost Estimates” required by section 200303(c)(1) of title 54, United States Code, that are prioritized and detailed by account, program, and project, and that total no less than half the full amount allocated to each account for that land management Agency under the allocations submitted under section 200303(c)(1) of title 54, United States Code: * Provided*, That in the event amounts allocated by this Act or any prior Act pursuant to subsection
(a)of section 200303 of title 54, United States Code are no longer needed because a project has been completed or can no longer be executed, such amounts must be clearly identified if proposed for reallocation in the annual budget submission. #####
(B)The Federal land acquisition and Forest Legacy projects in the “Submission of Cost Estimates” required by section 200303(c)(1) of title 54, United States Code, and on the list of supplementary allocations required by subparagraph
(A)shall be comprised only of projects for which a willing seller has been identified and for which an appraisal or market research has been initiated. #####
(C)Concurrent with the annual budget submission of the President for fiscal year 2023, the Secretary of the Interior and the Secretary of Agriculture shall each submit to the Committees on Appropriations of the House of Representatives and the Senate project data sheets in the same format and containing the same level of detailed information that is found on such sheets in the Budget Justifications annually submitted by the Department of the Interior with the President’s Budget for the projects in the “Submission of Cost Estimates” required by section 200303(c)(1) of title 54, United States Code, and in the same format and containing the same level of detailed information that is found on such sheets submitted to the Committees pursuant to section 427 of division D of the Further Consolidated Appropriations Act, 2020 (Public Law 116-94) for the list of supplementary allocations required by subparagraph (A). ###
(e)The Department of the Interior and the Department of Agriculture shall provide the Committees on Appropriations of the House of Representatives and Senate quarterly reports on the status of balances of projects and activities funded by the National Parks and Public Land Legacy Restoration Fund for amounts allocated pursuant to subsection (a)(1) of this section and the status of balances of projects and activities funded by the Land and Water Conservation Fund for amounts allocated pursuant to subsection (a)(2) of this section, including all uncommitted, committed, and unobligated funds, and, for amounts allocated pursuant to subsection (a)(1) of this section, National Parks and Public Land Legacy Restoration Fund amounts reallocated pursuant to subsection
(c)of this section.
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Sec. 431
allocation of projects, national parks and public land legacy restoration fund and land and water conservation fund
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