16 U.S.C. § 1726 — Compensation and terms of service

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- Page 1988 TITLE 16—CONSERVATION § 1727 plied toward a program of postsecondary edu- cation at an institution of higher education that agrees to award the credit for participation in the Corps. (c) Terms of service (1) In general Each participant in the Corps and each re- source assistant shall agree to participate in the Corps or serve as a resource assistant, as the case may be, for such term of service as may be established by the Secretary enrolling or selecting the individual. (2) Indian Youth Service Corps With respect to the Indian Youth Service Corps established under section 1727b of this title, the Secretary shall establish the term of service of participants in consultation with the affected Indian tribe. (d) Hiring (1) In general The Secretary may— (A) grant to a member of the Public Lands Corps credit for time served with the Public Lands Corps, which may be used toward fu- ture Federal hiring; and (B) provide to a former member of the Public Lands Corps noncompetitive hiring status for a period of not more than 2 years after the date on which the member’s service with the Public Lands Corps is complete. (2) Time-limited appointment For purposes of section 9602 of title 5, a former member of the Corps hired by the Sec- retary under paragraph (1)(B) for a time-lim- ited appointment shall be considered to be ap- pointed initially under open, competitive ex- amination. (e) Applicability to qualified youth or conserva- tion corps The hiring and compensation standards de- scribed in this section shall apply to any indi- vidual participating in an appropriate conserva- tion project through a qualified youth or con- servation corps, including an individual placed through a contract or cooperative agreement, as approved by the Secretary. (Pub. L. 91–378, title II, § 207, as added Pub. L. 103–82, title I, § 105(6), Sept. 21, 1993, 107 Stat. 852; amended Pub. L. 109–154, § 2(e), Dec. 30, 2005, 119 Stat. 2892; Pub. L. 114–289, title III, § 302(3), Dec. 16, 2016, 130 Stat. 1487; Pub. L. 116–9, title IX, § 9003(e), Mar. 12, 2019, 133 Stat. 834.) Editorial Notes AMENDMENTS 2019—Pub. L. 116–9, § 9003(e)(1), substituted ‘‘Com- pensation and terms of service’’ for ‘‘Living allowances and terms of service’’ in section catchline. Subsec. (b). Pub. L. 116–9, § 9003(e)(3), added subsec. (b). Former subsec. (b) redesignated (c). Subsec. (c). Pub. L. 116–9, § 9003(e)(4), designated exist- ing provisions as par. (1), inserted heading, and added par. (2). Pub. L. 116–9, § 9003(e)(2), redesignated subsec. (b) as (c). Former subsec. (c) redesignated (d). Subsec. (d). Pub. L. 116–9, § 9003(e)(5), designated exist- ing provisions as par. (1) and inserted heading, redesig- nated former pars. (1) and (2) as subpars. (A) and (B), re- spectively, of par. (1) and realigned margins, and added par. (2). Pub. L. 116–9, § 9003(e)(2), redesignated subsec. (c) as (d). Subsec. (e). Pub. L. 116–9, § 9003(e)(6), added subsec. (e). 2016—Subsec. (c)(2). Pub. L. 114–289 substituted ‘‘2 years’’ for ‘‘120 days’’. 2005—Subsec. (a). Pub. L. 109–154, § 2(e)(1), added sub- sec. (a) and struck out heading and text of former sub- sec. (a). Text read as follows: ‘‘The Secretary of the In- terior and the Secretary of Agriculture shall provide each participant in the Public Lands Corps and each re- source assistant with a living allowance in an amount not to exceed the maximum living allowance author- ized by section 140(a)(3) of the National and Community Service Act of 1990 for participants in a national serv- ice program assisted under subtitle C of title I of such Act.’’ Subsec. (c). Pub. L. 109–154, § 2(e)(2), added subsec. (c). 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. § 1727. National service educational awards (a) Educational benefits and awards If a participant in the Public Lands Corps or a resource assistant also serves in an approved na- tional service position designated under subtitle C of title I of the National and Community Serv- ice Act of 1990 [42 U.S.C. 12571 et seq.], the par- ticipant or resource assistant shall be eligible for a national service educational award in the manner prescribed in subtitle D of such title [42 U.S.C. 12601 et seq.] upon successfully complying with the requirements for the award. The period during which the national service educational award may be used, the purposes for which the award may be used, and the amount of the award shall be determined as provided under such subtitle. (b) Forbearance in collection of Stafford loans For purposes of section 1078 of title 20, in the case of borrowers who are either participants in the Corps or resource assistants, upon written request, a lender shall grant a borrower forbear- ance on such terms as are otherwise consistent with the regulations of the Secretary of Edu- cation, during periods in which the borrower is serving as such a participant or a resource as- sistant. (Pub. L. 91–378, title II, § 208, as added Pub. L. 103–82, title I, § 105(6), Sept. 21, 1993, 107 Stat. 853.) Editorial Notes REFERENCES IN TEXT The National and Community Service Act of 1990, re- ferred to in subsec. (a), is Pub. L. 101–610, Nov. 16, 1990, 104 Stat. 3127. Subtitles C and D of title I of the Act are classified generally to divisions C (§ 12571 et seq.) and D (§ 12601 et seq.), respectively, of subchapter I of chapter 129 of Title 42, The Public Health and Welfare. For com- plete classification of this Act to the Code, see Short Title note set out under section 12501 of Title 42 and Tables.