16 U.S.C. § 1723 — Public Lands Corps program

Page 1984 TITLE 16—CONSERVATION § 1723 (12) Resource assistant The term ‘‘resource assistant’’ means a re- source assistant selected under section 1725 of this title. (13) Secretary The term ‘‘Secretary’’ means— (A) with respect to National Forest Sys- tem land, the Secretary of Agriculture; (B) with respect to Indian lands, Hawaiian home lands, or land administered by the De- partment of the Interior, the Secretary of the Interior; and (C) with respect to the National Marine Sanctuary System, coral reefs, and other coastal, estuarine, and marine habitats, and other land and facilities administered by the National Oceanic and Atmospheric Adminis- tration, the Secretary of Commerce. (14) State The term ‘‘State’’ means any State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, Guam, the Virgin Islands of the United States, American Samoa, and the Commonwealth of the North- ern Mariana Islands. (15) Veteran The term ‘‘veteran’’ has the meaning given the term in section 101 of title 38. (Pub. L. 91–378, title II, § 203, as added Pub. L. 103–82, title I, § 105(6), Sept. 21, 1993, 107 Stat. 849; amended Pub. L. 109–154, § 2(a), Dec. 30, 2005, 119 Stat. 2890; Pub. L. 114–289, title III, § 302(1), Dec. 16, 2016, 130 Stat. 1487; Pub. L. 116–9, title IX, § 9003(a), Mar. 12, 2019, 133 Stat. 832.) Editorial Notes REFERENCES IN TEXT The Hawaiian Homes Commission Act, 1920, referred to in par. (4), is act July 9, 1921, ch. 42, 42 Stat. 108. Sec- tion 204 of that Act was classified to section 698 of Title 48, Territories and Insular Possessions, and was omit- ted from the Code. Section 4 of Public Law 86–3, referred to in par. (4), is set out as a note preceding section 491 of Title 48. The Alaska Native Claims Settlement Act, referred to in par. (6)(D), is Pub. L. 92–203, Dec. 18, 1971, 85 Stat. 688, which is classified generally to chapter 33 (§ 1601 et seq.) of Title 43, Public Lands. For complete classifica- tion of this Act to the Code, see Short Title note set out under section 1601 of Title 43 and Tables. The Healthy Forests Restoration Act of 2003, referred to in par. (9), is Pub. L. 108–148, Dec. 3, 2003, 117 Stat. 1887, which is classified principally to chapter 84 (§ 6501 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under sec- tion 6501 of this title and Tables. AMENDMENTS 2019—Par. (2). Pub. L. 116–9, § 9003(a)(1), substituted ‘‘by section 1723(a)(1)’’ for ‘‘under section 1723’’. Par. (8). Pub. L. 116–9, § 9003(a)(3), added par. (8). Former par. (8) redesignated (9). Par. (9). Pub. L. 116–9, § 9003(a)(2), (4)(A), redesignated par. (8) as (9) and substituted ‘‘and other conservation and restoration initiatives, as follows’’ for ‘‘, as fol- lows’’ in introductory provisions. Former par. (9) redes- ignated (10). Par. (9)(E). Pub. L. 116–9, § 9003(a)(4)(B), added subpar. (E). Par. (10). Pub. L. 116–9, § 9003(a)(2), redesignated par. (9) as (10). Former par. (10) redesignated (11). Par. (11). Pub. L. 116–9, § 9003(a)(2), redesignated par. (10) as (11). Former par. (11) redesignated (12). Par. (11)(A). Pub. L. 116–9, § 9003(a)(5), substituted ‘‘in- dividuals between the ages of 16 and 30, inclusive, or veterans age 35 or younger’’ for ‘‘individuals between the ages of 16 and 30, inclusive,’’. Par. (12). Pub. L. 116–9, § 9003(a)(2), redesignated par. (11) as (12). Former par. (12) redesignated (13). Par. (13). Pub. L. 116–9, § 9003(a)(2), redesignated par. (12) as (13). Former par. (13) redesignated (14). Par. (13)(C). Pub. L. 116–9, § 9003(a)(6), added subpar. (C). Par. (14). Pub. L. 116–9, § 9003(a)(2), redesignated par. (13) as (14). Par. (15). Pub. L. 116–9, § 9003(a)(7), added par. (15). 2016—Par. (10)(A). Pub. L. 114–289 substituted ‘‘30’’ for ‘‘25’’. 2005—Pars. (8) to (13). Pub. L. 109–154 added pars. (8) and (12) and redesignated former pars. (8) to (11) as pars. (9) to (11) and (13), respectively. 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. § 1723. Public Lands Corps program (a) Establishment of Public Lands Corps (1) In general There is established in the Department of the Interior, the Department of Agriculture, and the Department of Commerce a corps, to be known as the ‘‘Public Lands Corps’’. (2) No effect on other agencies Nothing in this subsection precludes the es- tablishment of a public lands corps by the head of a Federal department or agency other than a department described in paragraph (1), in accordance with this subchapter. (b) Participants The Corps shall consist of individuals between the ages of 16 and 30, inclusive, and veterans age 35 or younger who are enrolled as participants in the Corps by the Secretary. To be eligible for en- rollment in the Corps, an individual shall satisfy the criteria specified in paragraphs (1), (2), (4), and (5) of section 12591(a) of title 42. The Sec- retary may enroll such individuals in the Corps without regard to the civil service and classi- fication laws, rules, or regulations of the United States. The Secretary may establish a pref- erence for the enrollment in the Corps of indi- viduals who are economically, physically, or educationally disadvantaged. (c) Qualified youth or conservation corps (1) In general The Secretary is authorized to enter into contracts and cooperative agreements with any qualified youth or conservation corps to perform appropriate conservation projects re- ferred to in subsection (d). (2) Preference (A) In general For purposes of entering into contracts and cooperative agreements under paragraph (1), the Secretary may give preference to qualified youth or conservation corps lo- Page 1985 TITLE 16—CONSERVATION § 1724 cated in a specific area that have a substan- tial portion of members who are economi- cally, physically, or educationally disadvan- taged to carry out projects within the area. (B) Priority projects In carrying out priority projects in a spe- cific area, the Secretary shall, to the max- imum extent practicable, give preference to qualified youth or conservation corps lo- cated in that specific area that have a sub- stantial portion of members who are eco- nomically, physically, or educationally dis- advantaged. (d) Projects to be carried out (1) In general The Secretary may utilize the Corps or any qualified youth or conservation corps to carry out appropriate conservation projects which the Secretary is authorized to carry out under other authority of law on public lands. (2) Projects on Indian lands Appropriate conservation projects may also be carried out under this subchapter on Indian lands with the approval of the Indian tribe in- volved and on Hawaiian home lands with the approval of the Department of Hawaiian Home Lands of the State of Hawaii. (3) Disaster prevention or relief projects The Secretary may authorize appropriate conservation projects and other appropriate projects to be carried out on Federal, State, local, or private land as part of a Federal dis- aster prevention or relief effort. (e) Preference for certain projects In selecting appropriate conservation projects to be carried out under this subchapter, the Sec- retary shall give preference to those projects which— (1) will provide long-term benefits to the public; (2) will instill in the enrollee involved a work ethic and a sense of public service; (3) will be labor intensive; (4) can be planned and initiated promptly; and (5) will provide academic, experiential, or environmental education opportunities. (f) Consistency Each appropriate conservation project carried out under this subchapter on eligible service lands shall be consistent with the provisions of law and policies relating to the management and administration of such lands, with all other applicable provisions of law, and with all man- agement, operational, and other plans and docu- ments which govern the administration of the area. (g) Effect Nothing in this section authorizes the use of the Public Lands Corps for projects on or im- pacting real property owned by, operated by, or within the custody, control, or administrative jurisdiction of the Administrator of General Services without the express permission of the Administrator of General Services. (Pub. L. 91–378, title II, § 204, as added Pub. L. 103–82, title I, § 105(6), Sept. 21, 1993, 107 Stat. 850; amended Pub. L. 109–154, § 2(b), (c), (g)(1), Dec. 30, 2005, 119 Stat. 2891, 2893; Pub. L. 114–289, title III, § 302(2), Dec. 16, 2016, 130 Stat. 1487; Pub. L. 116–9, title IX, § 9003(b), Mar. 12, 2019, 133 Stat. 833.) Editorial Notes REFERENCES IN TEXT This subchapter, referred to in subsec. (a)(2), was in the original ‘‘this Act’’, and was translated as reading ‘‘this title’’, meaning title II of Pub. L. 91–378, known as the Public Lands Corps Act of 1993, to reflect the probable intent of Congress. AMENDMENTS 2019—Subsec. (a). Pub. L. 116–9, § 9003(b)(1), added sub- sec. (a) and struck out former subsec. (a). Prior to amendment, text read as follows: ‘‘There is hereby es- tablished in the Department of the Interior and the De- partment of Agriculture a Public Lands Corps.’’ Subsec. (b). Pub. L. 116–9, § 9003(b)(2), substituted ‘‘in- dividuals between the ages of 16 and 30, inclusive, and veterans age 35 or younger’’ for ‘‘individuals between the ages of 16 and 30, inclusive,’’ and ‘‘paragraphs (1), (2), (4), and (5) of section 12591(a) of title 42’’ for ‘‘sec- tion 12591(b) of title 42’’. Subsec. (g). Pub. L. 116–9, § 9003(b)(3), added subsec. (g). 2016—Subsec. (b). Pub. L. 114–289 substituted ‘‘30’’ for ‘‘25’’. 2005—Subsec. (b). Pub. L. 109–154, § 2(g)(1)(A), sub- stituted ‘‘Corps by the Secretary’’ for ‘‘Corps by the Secretary of the Interior or the Secretary of Agri- culture’’ and ‘‘Secretary may’’ for ‘‘Secretaries may’’ in two places. Subsec. (c). Pub. L. 109–154, § 2(b), designated existing provisions as par. (1), inserted heading, substituted ‘‘The Secretary is’’ for ‘‘The Secretary of the Interior and the Secretary of Agriculture are’’, and added par. (2). Subsec. (d). Pub. L. 109–154, § 2(c), designated first sen- tence as par. (1), inserted heading, and substituted ‘‘The Secretary may’’ for ‘‘The Secretary of the Inte- rior and the Secretary of Agriculture may each’’ and ‘‘the Secretary’’ for ‘‘such Secretary’’, designated sec- ond sentence as par. (2) and inserted heading, added par. (3), and struck out former third sentence which read ‘‘The Secretaries may also authorize appropriate conservation projects and other appropriate projects to be carried out on Federal, State, local, or private lands as part of disaster prevention or relief efforts in re- sponse to an emergency or major disaster declared by the President under the Robert T. Stafford Disaster Re- lief and Emergency Assistance Act (42 U.S.C. 5121 et seq.).’’ Subsec. (e). Pub. L. 109–154, § 2(g)(1)(B), substituted ‘‘Secretary’’ for ‘‘Secretary of the Interior and the Sec- retary of Agriculture’’ in introductory provisions. 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. § 1724. Conservation centers and program sup- port (a) Establishment and use (1) In general The Secretary may establish and use con- servation centers owned and operated by the Secretary for— (A) use by the Public Lands Corps; and (B) the conduct of appropriate conserva- tion projects under this subchapter.