43 U.S.C. § 1475b — Volunteer authority

Page 395 TITLE 43—PUBLIC LANDS § 1476a § 1475b. Volunteer authority (a) In general The Secretary of the Interior may recruit, train, and accept, without regard to the civil service classification laws, rules, or regulations, the services of individuals, contributed without compensation as volunteers, for aiding in or fa- cilitating the activities administered by the Secretary through the Bureau of Indian Affairs, the United States Geological Survey, the Bu- reau of Reclamation, and the Office of the Sec- retary. (b) Restrictions on activities of volunteers (1) In general In accepting such services of individuals as volunteers, the Secretary shall not permit the use of volunteers in law enforcement work, in regulatory and enforcement work, in policy- making processes, or to displace any em- ployee. (2) Private property No volunteer services authorized by this Act may be conducted on private property unless the officer or employee charged with super- vising the volunteer obtains appropriate con- sent to enter the property from the property owner. (3) Hazardous duty The Secretary may accept the services of in- dividuals in hazardous duty only upon a deter- mination by the Secretary that such individ- uals are skilled in performing hazardous duty activities. (4) Supervision The Secretary shall ensure that an appro- priate officer or employee of the United States provides adequate and appropriate supervision of each volunteer whose services the Secretary accepts. (c) Provision of services and costs The Secretary may provide for services and costs incidental to the utilization of volunteers, including transportation, supplies, uniforms, lodging, subsistence (without regard to place of residence), recruiting, training, supervision, and awards and recognition (including nominal cash awards). (d) Federal employment status of volunteers (1) Except as otherwise provided in this sub- section, a volunteer shall not be deemed a Fed- eral employee and shall not be subject to the provisions of law relating to Federal employ- ment, including those provisions relating to hours of work, rates of compensation, leave, un- employment compensation, and Federal em- ployee benefits. (2) Volunteers shall be deemed employees of the United States for the purposes of— (A) the tort claims provisions of title 28; (B) subchapter I of chapter 81 of title 5; and (C) 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. (3) Volunteers under this Act shall be subject to chapter 11 of title 18, unless the Secretary, with the concurrence of the Director of the Of- fice of Government Ethics, determines in writ- ing published in the Federal Register that the provisions of that chapter, except section 201, shall not apply to the actions of a class or class- es of volunteers who carry out only those duties or functions specified in the determination. (Pub. L. 109–125, § 3, Dec. 7, 2005, 119 Stat. 2544.) Editorial Notes REFERENCES IN TEXT This Act, referred to in subsecs. (b)(2) and (d)(3), is Pub. L. 109–125, Dec. 7, 2005, 119 Stat. 2544, known as the Department of the Interior Volunteer Recruitment Act of 2005, which enacted this section and provisions set out as notes under this section and section 1451 of this title. For complete classification of this Act to the Code, see Short Title of 2005 Amendment note set out under section 1451 of this title and Tables. Statutory Notes and Related Subsidiaries PURPOSE Pub. L. 109–125, § 2, Dec. 7, 2005, 119 Stat. 2544, provided that: ‘‘The purpose of this Act [enacting this section and provisions set out as a note under section 1451 of this title] is to authorize the Secretary of the Interior to recruit and use volunteers to assist with, or facili- tate, the programs of the Bureau of Indian Affairs, the United States Geological Survey, the Bureau of Rec- lamation, and the Office of the Secretary.’’ § 1476. Elimination of oaths for written state- ments; discretion of Secretary of the Interior Written statement in public land matters within the jurisdiction of the Department of the Interior, heretofore required by law to be made under oath, need no longer be made under oath unless the Secretary of the Interior shall, in his discretion, so require. (June 3, 1948, ch. 392, § 1, 62 Stat. 301.) Editorial Notes CODIFICATION Section was formerly classified to section 1211 of this title prior to editorial reclassification and renumbering as this section. § 1476a. Unsworn written statements subject to penalties of presenting false claims Unsworn written statements made in public land matters within the jurisdiction of the De- partment of the Interior shall remain subject to section 1001 of title 18. (June 3, 1948, ch. 392, § 2, 62 Stat. 301.) Editorial Notes CODIFICATION Section was formerly classified to section 1212 of this title prior to editorial reclassification and renumbering as this section. ‘‘Section 1001 of title 18’’ substituted in text for ‘‘sec- tion 35(A) of the Criminal Code (35 Stat. 1095, 18 U.S.C. sec. 80), as amended’’ on authority of act June 25, 1948, ch. 645, 62 Stat. 683, the first section of which enacted Title 18, Crimes and Criminal Procedure.