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16 U.S.C. § 558e — Consideration as Federal employee

Federal law — U.S. Code and appendices · legal_authorities

16 U.S.C. § 558e — Consideration as Federal employee

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Source file: Laws/federal/codes/united-states-code/title-16/section-558e-consideration-as-federal-employee--88004255d2.md
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Source location: Title 16, Chapter 3, § 558e; chapter-003-forests-forest-service-reforestation-management.md

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**(a)** Except as otherwise provided in this section, a volunteer shall not be deemed a Federal employee and shall not be subject to the provisions of law relating to Federal employment, including those relating to hours of work, rates of compensation, leave, unemployment compensation, and Federal employee benefits. **(b)** For the purpose of the tort claim provisions of title 28, a volunteer under this Act shall be considered a Federal employee. **(c)** For the purposes of subchapter I of chapter 81 of title 5, relating to compensation to Federal employees for work injuries, volunteers under this Act shall be deemed civil employees of the United States within the meaning of the term “employee” as defined in [section 8101 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section8101&num=0&edition=prelim), and the provisions of that subchapter shall apply. **(d)** For the purposes of claims relating to damage to, or loss of, personal property of a volunteer incident to volunteer service, a volunteer under this Act shall be considered a Federal employee, and the provisions of [section 3721 of title 31](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section3721&num=0&edition=prelim) shall apply. **(e)** For the purposes of subsections (b), (c), and (d), the term “volunteer” includes a person providing volunteer services to either of the Secretaries who— (1) is recruited, trained, and supported by a cooperator under a mutual benefit agreement or cooperative agreement with either of the Secretaries; and (2) performs such volunteer services under the supervision of the cooperator as directed by either of the Secretaries in the mutual benefit agreement or cooperative agreement in the mutual benefit agreement, including direction that specifies— (A) the volunteer services, including the geographic boundaries of the work to be performed by the volunteers, and the supervision to be provided by the cooperator; (B) the applicable project safety standards and protocols to be adhered to by the volunteers and enforced by the cooperator; (C) the on-site visits to be made by either of the Secretaries, if feasible and only if necessary to verify that volunteers are performing the volunteer services and the cooperator is providing the supervision agreed upon; (D) the equipment the volunteers are authorized to use; (E) the training the volunteers are required to complete; (F) the actions the volunteers are authorized to take; and (G) any other terms and conditions that are determined to be necessary by the applicable Secretary.

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Federal law — U.S. Code and appendices · legal_authorities

31 U.S.C. § 3721 — Claims of personnel of agencies and the District of Columbia government for personal property damage or loss

**(a)** In this section— (1) “agency” does not include a nonappropriated fund activity or a contractor with the United States Government. (2) “head of an agency” means— (A) for a military department, the Secretary of the military department; (B) for the Department of Defense (except the military departments), the Secretary of Defense; and (C) for another agency, the head of the agency. (3) “settle” means consider, determine, adjust, and dispose of a claim by disallowance or by complete or partial allowance. **(b)** (1) The head of an agency may settle and pay not more than $40,000 for a claim against the Government made by a member of the uniformed services under the jurisdiction of the agency or by an officer or employee of the agency for damage to, or loss of, personal property incident to service. If, however, the claim arose from an emergency evacuation or from extraordinary circumstances, the amount settled and paid under the authority of the preceding sentence may exceed $40,000, but may not exceed $100,000. A claim allowed under this subsection may be paid in money or the personal property replaced in kind. (2) The Secretary of State may waive the settlement and payment limitation referred to in paragraph (1) for claims for damage or loss by United States Government personnel under the jurisdiction of a chief of mission in a foreign country if such claims arise in circumstances where there is in effect a departure from the country authorized or ordered under circumstances described in [section 5522(a) of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section5522/a&num=0&edition=prelim), if the Secretary determines that there exists exceptional circumstances that warrant such a waiver. **(c)** On paying a claim under t

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Federal law — U.S. Code and appendices · legal_authorities

5 U.S.C. § 8101 — Definitions

For the purpose of this subchapter— (1) “employee” means— (A) a civil officer or employee in any branch of the Government of the United States, including an officer or employee of an instrumentality wholly owned by the United States; (B) an individual rendering personal service to the United States similar to the service of a civil officer or employee of the United States, without pay or for nominal pay, when a statute authorizes the acceptance or use of the service, or authorizes payment of travel or other expenses of the individual; (C) an individual, other than an independent contractor or an individual employed by an independent contractor, employed on the Menominee Indian Reservation in Wisconsin in operations conducted under a statute relating to tribal timber and logging operations on that reservation; (D) an individual employed by the government of the District of Columbia; (E) an individual appointed to a position on the office staff of a former President under section 1(b) of the Act of August 25, 1958 (72 Stat. 838); (F) an individual selected pursuant to chapter 121 of title 28, and serving as a petit or grand juror; and (G) an individual who is a System member of the National Urban Search and Rescue Response System during a period of appointment into Federal service pursuant to section 327 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act; but does not include— (i) a commissioned officer of the Regular Corps of the Public Health Service; (ii) a commissioned officer of the Reserve Corps 11 See Change of Name note below. of the Public Health Service on active duty; (iii) a commissioned officer of the Environmental Science Services Administration; or (iv) a member of the Metropolitan Police or the Fire D

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Federal law — U.S. Code and appendices · legal_authorities

16 U.S.C. § 558a — Purpose

The purpose of this Act is to leverage volunteer engagement to supplement projects that are carried out by the Secretaries to fulfill the missions of the Forest Service and the Bureau of Land Management and are accomplished with appropriated funds.

Source: Supplied U.S. Code snapshot — release unconfirmed · 16 U.S.C. § 558a

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Federal law — U.S. Code and appendices · legal_authorities

16 U.S.C. § 558g — Liability insurance

The Secretaries shall not require a cooperator or volunteer (as those terms are used in [section 558e of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section558e&num=0&edition=prelim)) to have liability insurance to provide the volunteer services authorized under this Act.

Source: Supplied U.S. Code snapshot — release unconfirmed · 16 U.S.C. § 558g

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Federal law — U.S. Code and appendices · legal_authorities

16 U.S.C. § 558e — Consideration as Federal employee

Page 1058 TITLE 16—CONSERVATION § 558b Stat. 175; Pub. L. 103–82, title IV, § 405(d), Sept. 21, 1993, 107 Stat. 921; Pub. L. 114–245, § 4(d)(1), Nov. 28, 2016, 130 Stat. 992. Pub. L. 92–300 was subsequently amended gen- erally by Pub. L. 118–234, title III, § 341, Jan. 4, 2025, 138 Stat. 2913, including an amendment to provide that the Act be cited as the Volunteers in the National Forests and Public Lands Act. Pub. L. 92–300 is shown herein, however, as having been added by Pub. L. 118–234 with- out reference to those intervening amendments because of the extensive revision of Pub. L. 92–300 by Pub. L. 118–234. PRIOR PROVISIONS A prior section 558a, Pub. L. 92–300, § 1, May 18, 1972, 86 Stat. 147; Pub. L. 103–82, title IV, § 405(d), Sept. 21, 1993, 107 Stat. 921, authorized the Secretary of Agri- culture to recruit, train, and accept volunteers in the National Forests Program, prior to the general amend- ment of the Volunteers in the National Forests Act of 1972 by Pub. L. 118–234. A prior section 2 of Pub. L. 92–300, May 18, 1972, 86 Stat. 147, was classified to section 558b of this title, prior to the general amendment of the Volunteers in the National Forests Act of 1972 by Pub. L. 118–234. Statutory Notes and Related Subsidiaries SHORT TITLE Pub. L. 92–300, § 1, as added by Pub. L. 118–234, title III, § 341, Jan. 4, 2025, 138 Stat. 2913, provided that: ‘‘This Act [enacting this section and sections 558b to 558g of this title] may be cited as the ‘Volunteers in the Na- tional Forests and Public Lands Act’.’’ [For prior section 1 of Pub. L. 92–300, see Prior Provi- sions note above.] Pub. L. 92–300, § 5, May 18, 1972, 86 Stat. 147, provided that Pub. L. 92–300, which enacted former sections 558a to 558d of this title, could be cited as the

Source: Supplied 2024 U.S. Code historical extraction · 16 U.S.C. § 558e

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