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Title 43 — Public Lands

Chapter 35 — Federal Land Policy and Management

§ 1737. Implementation provisions

Statutory text

(a)

Investigations, studies, and experiments

The Secretary may conduct investigations, studies, and experiments, on his own initiative or in cooperation with others, involving the management, protection, development, acquisition, and conveying of the public lands.

(b)

Contracts and cooperative agreements

Subject to the provisions of applicable law, the Secretary may enter into contracts and cooperative agreements involving the management, protection, development, and sale of public lands.

(c)

Contributions and donations of money, services, and property

The Secretary may accept contributions or donations of money, services, and property, real, personal, or mixed, for the management, protection, development, acquisition, and conveying of the public lands, including the acquisition of rights-of-way for such purposes. He may accept contributions for cadastral surveying performed on federally controlled or intermingled lands. Moneys received hereunder shall be credited to a separate account in the Treasury and are hereby authorized to be appropriated and made available until expended, as the Secretary may direct, for payment of expenses incident to the function toward the administration of which the contributions were made and for refunds to depositors of amounts contributed by them in specific instances where contributions are in excess of their share of the cost.

(d)

Recruitment of volunteers

The Secretary may recruit, without regard to the civil service classification laws, rules, or regulations, the services of individuals contributed without compensation as volunteers for aiding in or facilitating the activities administered by the Secretary through the Bureau of Land Management.

(e)

Restrictions on activities of volunteers

In accepting such services of individuals as volunteers, the Secretary—

(1)

shall not permit the use of volunteers in hazardous duty or law enforcement work, or in policymaking processes or to displace any employee; and

(2)

may provide for services or costs incidental to the utilization of volunteers, including transportation, supplies, lodging, subsistence, recruiting, training, and supervision.

(f)

Federal employment status of volunteers

Volunteers shall not be deemed employees of the United States except for the purposes of—

(1)

the tort claims provisions of title 28;

(2)

subchapter 1 1 of chapter 81 of title 5; and

(3)

claims relating to damage to, or loss of, personal property of a volunteer incident to volunteer service, in which case the provisions of section 3721 of title 31 shall apply.

(g)

Authorization of appropriations

Effective with fiscal years beginning after , there are authorized to be appropriated such sums as may be necessary to carry out the provisions of subsection (d), but not more than $250,000 may be appropriated for any one fiscal year.

Footnotes

  1. 1 So in original. Probably should be subchapter “I”.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

  1. Pub. L. 94–579 title III § 307 · 90 Stat. 2743

    Enacted · 43 U.S.C. § 1737

    Pub. L. 94–579, title III, § 307, Oct. 21, 1976, 90 Stat. 2766

    Source evidence

    Code source credit
    Pub. L. 94–579, title III, § 307, Oct. 21, 1976, 90 Stat. 2766

    Enacted provision · exact public law section
    Sec. 307. studies, cooperative agreements, and contributions (a) The Secretary may conduct investigations, studies, and experiments, on his own initiative or in cooperation with others, involving the management, protection, development, acquisition, and conveying of the public lands. (b) Subject to the provisions of applicable law, the Secretary may enter into contracts and cooperative agreements involving the management, protection, development, and sale of public lands. (c) The Secretary may accept contributions or donations of money, services, and property, real, personal, or mixed, for the management, protection, development, acquisition, and conveying of the public lands, including the acquisition of rights-of-way for such purposes. He may accept contributions for cadastral surveying performed on Appropriation authorization. federally controlled or intermingled lands. Moneys received hereunder shall be credited to a separate account in the Treasury and are hereby authorized to be appropriated and made available until expended, as the Secretary may direct, for payment of expenses incident to the function toward the administration of which the contributions were made and for refunds to depositors of amounts contributed by them in specific instances where contributions are in excess of their share of the cost.

  2. Pub. L. 98–540 § 2 · 98 Stat. 2718

    Added · 43 U.S.C. § 1737(d)(g)

    Pub. L. 98–540 added subsecs. (d) to (g)

    Source evidence

    Code amendment note
    Subsecs. (d) to (g). Pub. L. 98–540 added subsecs. (d) to (g).

    Enacted provision · exact public law section
    Sec. 2. Section 307 of the Federal Land Policy and Management Act of 1976 (90 Stat. 2766; 43 U.S.C. 1737) is amended by adding at the end thereof the following new subsections: “(d) The Secretary may recruit, without regard to the civil service classification laws, rules, or regulations, the services of individuals contributed without compensation as volunteers for aiding in or facilitating the activities administered by the Secretary through the Bureau of Land Management. “(e) In accepting such services of individuals as volunteers, the Secretary— “(1) shall not permit the use of volunteers in hazardous duty or law enforcement work, or in policymaking processes or to displace any employee; and “(2) may provide for services or costs incidental to the utilization of volunteers, including transportation, supplies, lodging, subsistence, recruiting, training, and supervision. “(f) Volunteers shall not be deemed employees of the United States except for the purposes of the tort claims provisions of title 28, United States Code, and subchapter 1 of chapter 81 of title 5, 5 USC 8101. United States Code, relating to compensation for work injuries. “(g) Effective with fiscal years beginning after September 30, 1984, there are authorized to be appropriated such sums as may be necessary to carry out the provisions of subsection (d), but not more than $250,000 may be appropriated for any one fiscal year.”.

  3. Wildfire Disaster Recovery Act of 1989

    Pub. L. 101–286 title II § 204(c) · 104 Stat. 171

    Amended · 43 U.S.C. § 1737(f)

    Pub. L. 101–286 amended subsec. (f) generally. Prior to amendment, subsec. (f) read as follows: “Volunteers shall not be deemed employees of the United States except for the purposes of the tort claims provisions of title 28 and subchapter 1 of chapter 81 of title 5, relating to compensation for work injuries.”

    Source evidence

    Code amendment note
    Subsec. (f). Pub. L. 101–286 amended subsec. (f) generally. Prior to amendment, subsec. (f) read as follows: “Volunteers shall not be deemed employees of the United States except for the purposes of the tort claims provisions of title 28 and subchapter 1 of chapter 81 of title 5, relating to compensation for work injuries.”

    Enacted provision · exact public law section
    (c) Bureau of Land Management.— Section 307(f) of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1737(f)) is amended to read as follows: “(f) Volunteers shall not be deemed employees of the United States except for the purposes of— “(1) the tort claims provisions of title 28; “(2) subchapter 1 of chapter 81 of title 5; and “(3) claims relating to damage to, or loss of, personal property of a volunteer incident to volunteer service, in which case the provisions of 31 U.S.C. 3721 shall apply.”.

3 of 3 references resolved to an enrolled provision

Editorial Notes

Amendments1984–1990 · 2 rounds

1990

Subsec. (f). Pub. L. 101–286 amended subsec. (f) generally. Prior to amendment, subsec. (f) read as follows: “Volunteers shall not be deemed employees of the United States except for the purposes of the tort claims provisions of title 28 and subchapter 1 of chapter 81 of title 5, relating to compensation for work injuries.”

1984

Subsecs. (d) to (g). Pub. L. 98–540 added subsecs. (d) to (g).

Credits

1976–1990 · 3 acts
  1. 1976Pub. L. 94–579, title III, § 307, , 90 Stat. 2766
  2. 1984Pub. L. 98–540, § 2, , 98 Stat. 2718
  3. 1990Pub. L. 101–286, title II, § 204(c), , 104 Stat. 175.
Show as published

(Pub. L. 94–579, title III, § 307, , 90 Stat. 2766; Pub. L. 98–540, § 2, , 98 Stat. 2718; Pub. L. 101–286, title II, § 204(c), , 104 Stat. 175.)

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