42 U.S.C. § 12655e — Public lands or Indian lands

Page 8423 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 12655e 1 See References in Text note below. neighborhood improvements, literacy train- ing that benefits educationally disadvan- taged individuals, weatherization of and basic repairs to low-income housing includ- ing housing occupied by older adults, energy conservation (including solar energy tech- niques), removal of architectural barriers to access by individuals with disabilities to public facilities, activities that focus on drug and alcohol abuse education, preven- tion and treatment, and conservation, main- tenance, or restoration of natural resources on publicly held lands; and (F) any other nonpartisan civic activities and services that the Corporation deter- mines to be of a substantial social benefit in meeting unmet human, educational, or envi- ronmental needs (particularly needs related to poverty) or in the community where vol- unteer service is to be performed; or (3) encompass the focuses and services de- scribed in both paragraphs (1) and (2). (b) Limitation on service No participant shall perform any specific ac- tivity for more than a 6-month period. No par- ticipant shall remain enrolled in programs as- sisted under this division for more than 24 months. (Pub. L. 101–610, title I, § 199D, formerly § 124, Nov. 16, 1990, 104 Stat. 3143; Pub. L. 102–10, § 5(4), Mar. 12, 1991, 105 Stat. 30; renumbered § 199D and amended Pub. L. 103–82, title I, § 101(a), (e)(1), (5), Sept. 21, 1993, 107 Stat. 788, 815, 816.) Editorial Notes CODIFICATION Section was formerly classified to section 12544 of this title prior to renumbering by Pub. L. 103–82, § 101(a). AMENDMENTS 1993—Subsec. (a)(2)(F). Pub. L. 103–82, § 101(e)(1), sub- stituted ‘‘Corporation’’ for ‘‘Commission’’. Subsecs. (b), (c). Pub. L. 103–82, § 101(e)(5), redesig- nated subsec. (c) as (b) and struck out former subsec. (b) which related to ineligible service categories. 1991—Subsec. (a)(2). Pub. L. 102–10, § 5(4)(A), sub- stituted ‘‘youth service’’ for ‘‘human services’’ in intro- ductory provisions. Subsec. (c). Pub. L. 102–10, § 5(4)(B), substituted ‘‘any specific activity for more than a 6-month period. No participant shall remain enrolled in programs’’ for ‘‘services in any project for more than a 6-month pe- riod. No participant shall remain enrolled in projects’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1993 AMENDMENT Amendment by Pub. L. 103–82 effective Oct. 1, 1993, see section 123 of Pub. L. 103–82, set out as a note under section 1701 of Title 16, Conservation. § 12655d. Related programs An activity administered under the authority of the Secretary of Health and Human Services, that is operated for the same purpose as a pro- gram eligible to be carried out under this divi- sion, is encouraged to use services available under this division. (Pub. L. 101–610, title I, § 199E, formerly § 125, Nov. 16, 1990, 104 Stat. 3144; renumbered § 199E, Pub. L. 103–82, title I, § 101(a), Sept. 21, 1993, 107 Stat. 788.) Editorial Notes CODIFICATION Section was formerly classified to section 12545 of this title prior to renumbering by Pub. L. 103–82, § 101(a). § 12655e. Public lands or Indian lands (a) Limitation To be eligible to receive assistance through a grant provided under this division, a program shall carry out activities on public lands or In- dian lands, or result in a public benefit. (b) Review of applications In reviewing applications submitted under sec- tion 12655b of this title that propose programs or projects to be carried out on public lands or In- dian lands, the Corporation shall consult with the Secretary of the Interior. (c) Consistency A program carried out with assistance pro- vided under this division for conservation, reha- bilitation, or improvement of any public lands or Indian lands shall be consistent with— (1) the provisions of law and policies relating to the management and administration of such lands, and all other applicable provisions of law; and (2) all management, operational, and other plans and documents that govern the adminis- tration of such lands. (d) Participation by other conservation pro- grams Any land or water conservation program (or any related program) administered in any State under the authority of any Federal program is encouraged to use services available under this part 1 to carry out its program. (Pub. L. 101–610, title I, § 199F, formerly § 126, Nov. 16, 1990, 104 Stat. 3144; renumbered § 199F and amended Pub. L. 103–82, title I, § 101(a), (e)(1), (6), Sept. 21, 1993, 107 Stat. 788, 815, 816.) Editorial Notes REFERENCES IN TEXT This part, referred to in subsec. (d), is unidentifiable in the original because subtitle I (§§ 199 to 199O) of title I of Pub. L. 101–610 does not contain parts. CODIFICATION Section was formerly classified to section 12546 of this title prior to renumbering by Pub. L. 103–82, § 101(a). AMENDMENTS 1993—Subsec. (b). Pub. L. 103–82, § 101(e)(1), (6), sub- stituted ‘‘Corporation’’ for ‘‘Commission’’ and ‘‘section 12655b of this title’’ for ‘‘section 12543 of this title’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1993 AMENDMENT Amendment by Pub. L. 103–82 effective Oct. 1, 1993, see section 123 of Pub. L. 103–82, set out as a note under section 1701 of Title 16, Conservation. Page 8424 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 12655f § 12655f. Training and education services (a) Assessment of skills Each program agency shall assess the edu- cational level of participants at the time of their entrance into the program, using any available records or simplified assessment means or methodology and shall, where appro- priate, refer such participants for testing for specific learning disabilities. (b) Enhancement of skills Each program agency shall, through the pro- grams and activities administered under this di- vision, enhance the educational skills of partici- pants. (c) Provision of pre-service and in-service train- ing and education (1) Requirement Each program agency shall use not less than 10 percent of the assistance made available to such agency under this division in each fiscal year to provide pre-service and in-service training and educational materials and serv- ices for participants in such a program. Pro- gram participants shall be provided with infor- mation concerning the benefits to the commu- nity that result from the activities under- taken by such participants. (2) Agreements for academic study A program agency may enter into arrange- ments with academic institutions or education providers, including— (A) local education agencies; (B) community colleges; (C) 4-year colleges; (D) area vocational-technical schools; and (E) community based organizations; to evaluate the basic skills of participants and to make academic study available to partici- pants to enable such participants to upgrade literacy skills, to obtain high school diplomas or the equivalent of such diplomas, to obtain college degrees, or to enhance employable skills. (3) Counseling Career and educational guidance and coun- seling shall be provided to a participant dur- ing a period of in-service training as described in this subsection. Each graduating partici- pant shall be provided with counseling with respect to additional study, job skills training or employment and shall be provided job placement assistance where appropriate. (4) Priority for participants without high school diplomas A program agency shall give priority to par- ticipants who have not obtained a high school diploma or the equivalent of such diploma, in providing services under this subsection. (d) Standards and procedures (1) Consistency with State and local require- ments Appropriate State and local officials shall certify that standards and procedures with re- spect to the awarding of academic credit and the certification of educational attainment in programs conducted under subsection (c) are consistent with the requirements of applicable State and local law and regulations. (2) Academic standards The standards and procedures described in paragraph (1) shall provide that an individual serving in a program that receives assistance under this division— (A) who is not a high school graduate, par- ticipate in an educational curriculum so that such individual can earn a high school diploma or the equivalent of such diploma; and (B) may arrange to receive academic credit in recognition of the education and skills ob- tained from service satisfactorily completed. (Pub. L. 101–610, title I, § 199G, formerly § 127, Nov. 16, 1990, 104 Stat. 3145; renumbered § 199G, Pub. L. 103–82, title I, § 101(a), Sept. 21, 1993, 107 Stat. 788.) Editorial Notes CODIFICATION Section was formerly classified to section 12547 of this title prior to renumbering by Pub. L. 103–82, § 101(a). § 12655g. Repealed. Pub. L. 103–82, title I, § 101(e)(8)(A), Sept. 21, 1993, 107 Stat. 816 Section, Pub. L. 101–610, title I, § 199H, formerly § 128, Nov. 16, 1990, 104 Stat. 3146; Pub. L. 102–10, § 5(5), Mar. 12, 1991, 105 Stat. 30; renumbered § 199H, Pub. L. 103–82, title I, § 101(a), Sept. 21, 1993, 107 Stat. 788, related to amount of award and matching requirement. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF REPEAL Repeal effective Oct. 1, 1993, see section 123 of Pub. L. 103–82, set out as an Effective Date of 1993 Amendment note under section 1701 of Title 16, Conservation. § 12655h. Preference for certain projects (a) In general In the consideration of applications submitted under section 12655b of this title, the Corpora- tion shall give preference to programs that— (1) will provide long-term benefits to the public; (2) will instill a work ethic and a sense of public service in the participants; (3) will be labor intensive, and involve youth operating in crews; (4) can be planned and initiated promptly; and (5) will enhance skills development and edu- cational level and opportunities for the par- ticipants. (b) Special rule In the consideration of applications under this division the Corporation shall ensure the equi- table treatment of both urban and rural areas. (Pub. L. 101–610, title I, § 199H, formerly § 129, Nov. 16, 1990, 104 Stat. 3146; renumbered § 199I, re- numbered § 199H, and amended Pub. L. 103–82, title I, § 101(a), (e)(1), (7), (8)(B), Sept. 21, 1993, 107 Stat. 788, 815, 816.)