16 U.S.C. § 1725 — Resource assistants

Page 1986 TITLE 16—CONSERVATION § 1725 1 So in original. (2) Assistance for conservation centers The Secretary may provide to a conserva- tion center established under paragraph (1) any services, facilities, equipment, and sup- plies that the Secretary determines to be nec- essary for the conservation center. (3) Standards for conservation centers The Secretary shall— (A) establish basic standards of health, nu- trition, sanitation, and safety for all con- servation centers established under para- graph (1); and (B) ensure that the standards established under subparagraph (A) are enforced. (4) Management As the Secretary determines to be appro- priate, the Secretary may enter into a con- tract or other appropriate arrangement with a State or local government agency or private organization to provide for the management of a conservation center. (b) Logistical support The Secretary may make arrangements with the Secretary of Defense to have logistical sup- port provided by the Armed Forces to the Corps and any conservation center established under this section, where feasible. Logistical support may include the provision of temporary tent shelters where needed, transportation, and resi- dential supervision. (c) Use of military installations The Secretary may make arrangements with the Secretary of Defense to identify military in- stallations and other facilities of the Depart- ment of Defense and, in consultation with the adjutant generals of the State National Guards, National Guard facilities that may be used, in whole or in part, by the Corps for training or housing Corps participants. (d) Assistance The Secretary may provide any services, fa- cilities, equipment, supplies, technical assist- ance, oversight, monitoring, or evaluations that are appropriate to carry out this subchapter. (e) Transportation The Secretary may provide to Corps partici- pants who reside in their own homes transpor- tation to and from appropriate conservation project sites. (Pub. L. 91–378, title II, § 205, as added Pub. L. 103–82, title I, § 105(6), Sept. 21, 1993, 107 Stat. 851; amended Pub. L. 109–154, § 2(d), (g)(2), Dec. 30, 2005, 119 Stat. 2891, 2893; Pub. L. 116–9, title IX, § 9003(c), Mar. 12, 2019, 133 Stat. 833.) Editorial Notes AMENDMENTS 2019—Subsec. (e). Pub. L. 116–9 added subsec. (e). 2005—Pub. L. 109–154, § 2(d)(1), inserted ‘‘and program support’’ after ‘‘Conservation centers’’ in section catch- line. Subsec. (a). Pub. L. 109–154, § 2(d)(2), added subsec. (a) and struck out heading and text of former subsec. (a). Text read as follows: ‘‘The Secretary of the Interior and the Secretary of Agriculture are each authorized to provide such quarters, board, medical care, transpor- tation, and other services, facilities, supplies, and equipment as such Secretary deems necessary in con- nection with the Public Lands Corps and appropriate conservation projects carried out under this subchapter and to establish and use conservation centers owned and operated by such Secretary for purposes of the Corps and such projects. The Secretaries shall establish basic standards of health, nutrition, sanitation, and safety for all conservation centers established under this section and shall assure that such standards are enforced. Where necessary or appropriate, the Secre- taries may enter into contracts and other appropriate arrangements with State and local government agen- cies and private organizations for the management of such conservation centers.’’ Subsec. (b). Pub. L. 109–154, § 2(g)(2)(A), substituted ‘‘Secretary may’’ for ‘‘Secretary of the Interior and the Secretary of Agriculture may’’. Subsec. (c). Pub. L. 109–154, § 2(g)(2)(B), substituted ‘‘Secretary may’’ for ‘‘Secretary of the Interior and the Secretary of Agriculture may’’. Subsec. (d). Pub. L. 109–154, § 2(d)(3), added subsec. (d). Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective Oct. 1, 1993, see section 123 of Pub. L. 103–82, set out as an Effective Date of 1993 Amend- ment note under section 1701 of this title. § 1725. Resource assistants (a) Authorization The Secretary may provide individual place- ments of resource assistants to carry out re- search or resource protection activities on be- half of the Secretary. To be eligible for selection as a resource assistant, an individual must be at least 17 years of age. The Secretary may select resource assistants without regard to the civil service and classification laws, rules, or regula- tions of the United States. The Secretary shall give a preference to the selection of individuals who are enrolled in an institution of higher edu- cation or are recent graduates from an institu- tion of higher education, with particular atten- tion given to ensure full representation of women and participants from historically black, Hispanic, and Native American schools. (b) Use of existing nonprofit organizations Whenever one or more existing nonprofit orga- nizations can provide, in the judgment of the the 1 Secretary, appropriate recruitment and placement services to fulfill the requirements of this section, the Secretary may implement this section through such existing organizations. Participating nonprofit organizations shall con- tribute to the expenses of providing and sup- porting the resource assistants, through private sources of funding, at a level equal to 25 percent of the total costs of each participant in the Re- source Assistant program who has been re- cruited and placed through that organization. Any such participating nonprofit conservation service organization shall be required, by the re- spective land managing agency, to submit an annual report evaluating the scope, size, and quality of the program, including the value of work contributed by the Resource Assistants, to the mission of the agency. (Pub. L. 91–378, title II, § 206, as added Pub. L. 103–82, title I, § 105(6), Sept. 21, 1993, 107 Stat. 852; Page 1987 TITLE 16—CONSERVATION § 1726 1 See References in Text note below. amended Pub. L. 109–154, § 2(g)(3), Dec. 30, 2005, 119 Stat. 2893; Pub. L. 116–9, title IX, § 9003(d)(1), Mar. 12, 2019, 133 Stat. 833.) Editorial Notes AMENDMENTS 2019—Subsec. (a). Pub. L. 116–9 substituted ‘‘The Sec- retary may provide individual placements of resource assistants to carry out research or resource protection activities on behalf of the Secretary.’’ for ‘‘The Sec- retary is authorized to provide individual placements of resource assistants with any Federal land managing agency under the jurisdiction of the Secretary to carry out research or resource protection activities on behalf of the agency.’’ 2005—Subsec. (a). Pub. L. 109–154, § 2(g)(3)(A), sub- stituted ‘‘Secretary is’’ for ‘‘Secretary of the Interior and the Secretary of Agriculture are each’’, ‘‘the Sec- retary to carry out’’ for ‘‘such Secretary to carry out’’, ‘‘Secretary may’’ for ‘‘Secretaries may’’, and ‘‘Sec- retary shall’’ for ‘‘Secretaries shall’’. Subsec. (b). Pub. L. 109–154, § 2(g)(3)(B), substituted ‘‘the Secretary, appropriate’’ for ‘‘Secretary of the In- terior or the Secretary of Agriculture, appropriate’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective Oct. 1, 1993, see section 123 of Pub. L. 103–82, set out as an Effective Date of 1993 Amend- ment note under section 1701 of this title. § 1725a. Direct hire authority (1) During fiscal year 2012 and thereafter, the Secretary (as defined in section 1722 of this title) may appoint, without regard to the provisions of subchapter I of chapter 33 of title 5, other than sections 3303 and 3328 of such title, a qualified candidate described in paragraph (2) directly to a position for which the candidate meets Office of Personnel Management qualification stand- ards. (2) Paragraph (1) applies with respect to a former resource assistant (as defined in section 1722 of this title) who— (A) completed a rigorous undergraduate or graduate summer internship with the Sec- retary (as so defined), such as the National Park Service Business Plan Internship; (B) successfully fulfilled the requirements of the internship program; and (C) subsequently earned an undergraduate or graduate degree from an accredited institution of higher education. (3) The direct hire authority under this section may not be exercised with respect to a specific qualified candidate after the end of the two-year period beginning on the date on which the can- didate completed the undergraduate or graduate degree, as the case may be. (Pub. L. 112–74, div. E, title I, § 121(a), Dec. 23, 2011, 125 Stat. 1012; Pub. L. 116–9, title IX, § 9003(d)(2), Mar. 12, 2019, 133 Stat. 834.) Editorial Notes CODIFICATION Section was enacted as part of the Department of the Interior, Environment, and Related Agencies Appro- priations Act, 2012, and also as part of the Consolidated Appropriations Act, 2012, and not as part of the Public Lands Corps Act of 1993 which comprises this sub- chapter. AMENDMENTS 2019—Par. (1). Pub. L. 116–9, § 9003(d)(2)(A), substituted ‘‘Secretary (as defined in section 1722 of this title)’’ for ‘‘Secretary of the Interior’’ and ‘‘paragraph (2)’’ for ‘‘paragraph (1)’’ and struck out ‘‘with a land managing agency of the Department of the Interior’’ after ‘‘posi- tion’’. Par. (2)(A). Pub. L. 116–9, § 9003(d)(2)(B), substituted ‘‘with the Secretary (as so defined)’’ for ‘‘with a land managing agency’’. § 1725b. Forest Service hire authority (a) In general The Secretary of Agriculture may appoint, without regard to the provisions of subchapter I of chapter 33 of title 5, other than sections 3303 and 3328 of such title, a qualified candidate de- scribed in subsection (b) directly to a position with the Department of Agriculture, Forest Service for which the candidate meets Office of Personnel Management qualification standards. (b) Qualifications Subsection (a) applies to a former resource as- sistant (as defined in section 203 of the Public Land Corps Act 1 (16 U.S.C. 1722)) who— (1) completed a rigorous internship with a land managing agency, such as the Forest Service Resource Assistant Program; (2) successfully fulfilled the requirements of the internship program; and (3) earned an undergraduate or graduate de- gree from an accredited institution of higher education (as defined in section 1001 of title 20). (c) Limitation The direct hire authority under this section may not be exercised with respect to a specific qualified candidate after the end of the 2-year period beginning on the date on which the can- didate completed the undergraduate or graduate degree, as the case may be, or has successfully fulfilled the requirements of the internship pro- gram, whichever is later. (Pub. L. 115–334, title XII, § 12518, Dec. 20, 2018, 132 Stat. 5001.) Editorial Notes REFERENCES IN TEXT Section 203 of the Public Land Corps Act, referred to in subsec. (b), probably means section 203 of the Public Lands Corps Act of 1993, title II of Pub. L. 91–378, which is classified to section 1722 of this title. CODIFICATION Section was enacted as part of the Agriculture Im- provement Act of 2018 and not as part of the Public Lands Corps Act of 1993 which comprises this sub- chapter. § 1726. Compensation and terms of service (a) Living allowances The Secretary shall provide each participant in the Public Lands Corps and each resource as- sistant with a living allowance in an amount es- tablished by the Secretary. (b) Educational credit The Secretary may provide a Corps partici- pant with an educational credit that may be ap-