43 U.S.C. § 1737 — Implementation provisions

Page 549 TITLE 43—PUBLIC LANDS § 1737 Pub. L. 115–141, div. G, title I, Mar. 23, 2018, 132 Stat. 637. Pub. L. 115–31, div. G, title I, May 5, 2017, 131 Stat. 437. Pub. L. 114–113, div. G, title I, Dec. 18, 2015, 129 Stat. 2527. Pub. L. 113–235, div. F, title I, Dec. 16, 2014, 128 Stat. 2398. Pub. L. 113–76, div. G, title I, Jan. 17, 2014, 128 Stat. 291. Pub. L. 112–74, div. E, title I, Dec. 23, 2011, 125 Stat. 987. Pub. L. 111–88, div. A, title I, Oct. 30, 2009, 123 Stat. 2906. Pub. L. 111–8, div. E, title I, Mar. 11, 2009, 123 Stat. 703. Pub. L. 110–161, div. F, title I, Dec. 26, 2007, 121 Stat. 2099. Pub. L. 109–54, title I, Aug. 2, 2005, 119 Stat. 502. Pub. L. 108–447, div. E, title I, Dec. 8, 2004, 118 Stat. 3042. Pub. L. 108–108, title I, Nov. 10, 2003, 117 Stat. 1244. Pub. L. 108–7, div. F, title I, Feb. 20, 2003, 117 Stat. 219. Pub. L. 107–63, title I, Nov. 5, 2001, 115 Stat. 418. Pub. L. 106–291, title I, Oct. 11, 2000, 114 Stat. 925. Pub. L. 106–113, div. B, § 1000(a)(3) [title I], Nov. 29, 1999, 113 Stat. 1535, 1501A–138. Pub. L. 105–277, div. A, § 101(e) [title I], Oct. 21, 1998, 112 Stat. 2681–231, 2681–234. Pub. L. 105–83, title I, Nov. 14, 1997, 111 Stat. 1545. Pub. L. 104–208, div. A, title I, § 101(d) [title I], Sept. 30, 1996, 110 Stat. 3009–181, 3009–184. Pub. L. 103–332, title I, Sept. 30, 1994, 108 Stat. 2501. Pub. L. 103–138, title I, Nov. 11, 1993, 107 Stat. 1381. Pub. L. 102–381, title I, Oct. 5, 1992, 106 Stat. 1377. Pub. L. 102–154, title I, Nov. 13, 1991, 105 Stat. 992. Pub. L. 101–512, title I, Nov. 5, 1990, 104 Stat. 1917. Pub. L. 101–121, title I, Oct. 23, 1989, 103 Stat. 703. Pub. L. 100–446, title I, Sept. 27, 1988, 102 Stat. 1776. Pub. L. 100–202, § 101(g) [title I], Dec. 22, 1987, 101 Stat. 1329–213, 1329–215. § 1736. Working capital fund (a) Establishment; availability of fund There is hereby established a working capital fund for the management of the public lands. This fund shall be available without fiscal year limitation for expenses necessary for furnishing, in accordance with chapters 1 to 11 of title 40 and division C (except sections 3302, 3307(e), 3501(b), 3509, 3906, 4710, and 4711) of subtitle I of title 41, and regulations promulgated there- under, supplies and equipment services in sup- port of Bureau programs, including but not lim- ited to, the purchase or construction of storage facilities, equipment yards, and related im- provements and the purchase, lease, or rent of motor vehicles, aircraft, heavy equipment, and fire control and other resource management equipment within the limitations set forth in appropriations made to the Secretary for the Bureau. (b) Initial funding; subsequent transfers The initial capital of the fund shall consist of appropriations made for that purpose together with the fair and reasonable value at the fund’s inception of the inventories, equipment, receiv- ables, and other assets, less the liabilities, transferred to the fund. The Secretary is author- ized to make such subsequent transfers to the fund as he deems appropriate in connection with the functions to be carried on through the fund. (c) Payments credited to fund; amount; advance- ment or reimbursement The fund shall be credited with payments from appropriations, and funds of the Bureau, other agencies of the Department of the Interior, other Federal agencies, and other sources, as au- thorized by law, at rates approximately equal to the cost of furnishing the facilities, supplies, equipment, and services (including depreciation and accrued annual leave). Such payments may be made in advance in connection with firm or- ders, or by way of reimbursement. (d) Authorization of appropriations There is hereby authorized to be appropriated a sum not to exceed $3,000,000 as initial capital of the working capital fund. (Pub. L. 94–579, title III, § 306, Oct. 21, 1976, 90 Stat. 2766.) Editorial Notes CODIFICATION In subsec. (a), ‘‘chapters 1 to 11 of title 40 and division C (except sections 3302, 3307(e), 3501(b), 3509, 3906, 4710, and 4711) of subtitle I of title 41’’ substituted for ‘‘the Federal Property and Administrative Services Act of 1949 (63 Stat. 377, as amended)’’ on authority of Pub. L. 107–217, § 5(c), Aug. 21, 2002, 116 Stat. 1303, which Act en- acted Title 40, Public Buildings, Property, and Works, and Pub. L. 111–350, § 6(c), Jan. 4, 2011, 124 Stat. 3854, which Act enacted Title 41, Public Contracts. § 1736a. Revolving fund derived from disposal of salvage timber There is hereby established in the Treasury of the United States a special fund to be derived on and after October 5, 1992, from the Federal share of moneys received from the disposal of salvage timber prepared for sale from the lands under the jurisdiction of the Bureau of Land Manage- ment, Department of the Interior. The money in this fund shall be immediately available to the Bureau of Land Management without further appropriation, for the purposes of planning and preparing salvage timber for disposal, the ad- ministration of salvage timber sales, and subse- quent site preparation and reforestation. (Pub. L. 102–381, title I, Oct. 5, 1992, 106 Stat. 1376.) Editorial Notes CODIFICATION Section was enacted as part of the Department of the Interior and Related Agencies Appropriations Act, 1993, and not as part of the Federal Land Policy and Manage- ment Act of 1976 which comprises this chapter. Statutory Notes and Related Subsidiaries DISTRIBUTION OF RECEIPTS Title I of Pub. L. 102–381, 106 Stat. 1376, provided in part that: ‘‘Nothing in this provision [enacting this sec- tion] shall alter the formulas currently in existence by law for the distribution of receipts for the applicable lands and timber resources.’’ § 1737. Implementation provisions (a) Investigations, studies, and experiments The Secretary may conduct investigations, studies, and experiments, on his own initiative or in cooperation with others, involving the management, protection, development, acquisi- tion, and conveying of the public lands. Page 550 TITLE 43—PUBLIC LANDS § 1738 1 So in original. Probably should be subchapter ‘‘I’’. (b) Contracts and cooperative agreements Subject to the provisions of applicable law, the Secretary may enter into contracts and co- operative agreements involving the manage- ment, protection, development, and sale of pub- lic lands. (c) Contributions and donations of money, serv- ices, and property The Secretary may accept contributions or do- nations of money, services, and property, real, personal, or mixed, for the management, protec- tion, development, acquisition, and conveying of the public lands, including the acquisition of rights-of-way for such purposes. He may accept contributions for cadastral surveying performed on federally controlled or intermingled lands. Moneys received hereunder shall be credited to a separate account in the Treasury and are hereby authorized to be appropriated and made avail- able until expended, as the Secretary may di- rect, for payment of expenses incident to the function toward the administration of which the contributions were made and for refunds to de- positors of amounts contributed by them in spe- cific instances where contributions are in excess of their share of the cost. (d) Recruitment of volunteers The Secretary may recruit, without regard to the civil service classification laws, rules, or regulations, the services of individuals contrib- uted without compensation as volunteers for aiding in or facilitating the activities adminis- tered by the Secretary through the Bureau of Land Management. (e) Restrictions on activities of volunteers In accepting such services of individuals as volunteers, the Secretary— (1) shall not permit the use of volunteers in hazardous duty or law enforcement work, or in policymaking processes or to displace any em- ployee; and (2) may provide for services or costs inci- dental to the utilization of volunteers, includ- ing transportation, supplies, lodging, subsist- ence, recruiting, training, and supervision. (f) Federal employment status of volunteers Volunteers shall not be deemed employees of the United States except for the purposes of— (1) the tort claims provisions of title 28; (2) subchapter 1 1 of chapter 81 of title 5; and (3) 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. (g) Authorization of appropriations Effective with fiscal years beginning after September 30, 1984, there are authorized to be appropriated such sums as may be necessary to carry out the provisions of subsection (d), but not more than $250,000 may be appropriated for any one fiscal year. (Pub. L. 94–579, title III, § 307, Oct. 21, 1976, 90 Stat. 2766; Pub. L. 98–540, § 2, Oct. 24, 1984, 98 Stat. 2718; Pub. L. 101–286, title II, § 204(c), May 9, 1990, 104 Stat. 175.) Editorial Notes AMENDMENTS 1990—Subsec. (f). Pub. L. 101–286 amended subsec. (f) generally. Prior to amendment, subsec. (f) read as fol- lows: ‘‘Volunteers shall not be deemed employees of the United States except for the purposes of the tort claims provisions of title 28 and subchapter 1 of chapter 81 of title 5, relating to compensation for work injuries.’’ 1984—Subsecs. (d) to (g). Pub. L. 98–540 added subsecs. (d) to (g). § 1738. Contracts for surveys and resource pro- tection; renewals; funding requirements (a) The Secretary is authorized to enter into contracts for the use of aircraft, and for supplies and services, prior to the passage of an appro- priation therefor, for airborne cadastral survey and resource protection operations of the Bu- reau. He may renew such contracts annually, not more than twice, without additional com- petition. Such contracts shall obligate funds for the fiscal years in which the costs are incurred. (b) Each such contract shall provide that the obligation of the United States for the ensuing fiscal years is contingent upon the passage of an applicable appropriation, and that no payment shall be made under the contract for the ensuing fiscal years until such appropriation becomes available for expenditure. (Pub. L. 94–579, title III, § 308, Oct. 21, 1976, 90 Stat. 2767.) § 1739. Advisory councils (a) Establishment; membership; operation The Secretary shall establish advisory coun- cils of not less than ten and not more than fif- teen members appointed by him from among persons who are representative of the various major citizens’ interests concerning the prob- lems relating to land use planning or the man- agement of the public lands located within the area for which an advisory council is estab- lished. At least one member of each council shall be an elected official of general purpose government serving the people of such area. To the extent practicable there shall be no overlap or duplication of such councils. Appointments shall be made in accordance with rules pre- scribed by the Secretary. The establishment and operation of an advisory council established under this section shall conform to the require- ments of chapter 10 of title 5. (b) Meetings Notwithstanding the provisions of subsection (a) of this section, each advisory council estab- lished by the Secretary under this section shall meet at least once a year with such meetings being called by the Secretary. (c) Travel and per diem payments Members of advisory councils shall serve with- out pay, except travel and per diem will be paid each member for meetings called by the Sec- retary. (d) Functions An advisory council may furnish advice to the Secretary with respect to the land use planning, classification, retention, management, and dis- posal of the public lands within the area for