16 U.S.C. § 1703 — Duties and functions of Secretary of the

Page 1980 TITLE 16—CONSERVATION § 1702 1 So in original. The period probably should be a semicolon. 2 So in original. Probably should be ‘‘regulations’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1993 AMENDMENT Pub. L. 103–82, title I, § 123, Sept. 21, 1993, 107 Stat. 867, provided that: ‘‘This title [see Tables for classifica- tion], and the amendments made by this title, shall take effect on October 1, 1993.’’ SHORT TITLE OF 2005 AMENDMENT Pub. L. 109–154, § 1, Dec. 30, 2005, 119 Stat. 2890, pro- vided that: ‘‘This Act [enacting section 1730 of this title and amending sections 1722 to 1726 and 1729 of this title] may be cited as the ‘Public Lands Corps Healthy For- ests Restoration Act of 2005’.’’ SHORT TITLE Pub. L. 91–378, title I, Aug. 13, 1970, 84 Stat. 794, which enacted this subchapter, is popularly known as the ‘‘Youth Conservation Corps Act of 1970’’. Pub. L. 91–378, title II, § 201, as added by Pub. L. 103–82, title I, § 105(6), Sept. 21, 1993, 107 Stat. 848, pro- vided that: ‘‘This title [enacting subchapter II of this chapter] may be cited as the ‘Public Lands Corps Act of 1993’.’’ § 1702. Establishment (a) Age of participants To carry out the purposes of this subchapter, there is established in the Department of the In- terior and the Department of Agriculture a Youth Conservation Corps (hereinafter in this subchapter referred to as the ‘‘Corps’’). The Corps shall consist of young men and women who are permanent residents of the United States, its territories, possessions, trust terri- tories, or Commonwealth of Puerto Rico who have attained age fifteen but have not attained age nineteen, and whom the Secretary of the In- terior or the Secretary of Agriculture may em- ploy without regard to the civil service or clas- sification laws, rules, or regulations, for the purpose of developing, preserving, or maintain- ing the lands and waters of the United States. (b) Equal employment opportunity and employ- ment; term The Corps shall be open to youth from all parts of the country of both sexes and youth of all social, economic, and racial classifications with all Corps members receiving compensation consistent with work accomplished, and with no person being employed as a member of the Corps for a term in excess of ninety days during any single year. (Pub. L. 91–378, title I, § 102, formerly § 2, Aug. 13, 1970, 84 Stat. 795; Pub. L. 92–597, Oct. 27, 1972, 86 Stat. 1319; Pub. L. 93–408, Sept. 3, 1974, 88 Stat. 1066; renumbered title I, § 102, and amended Pub. L. 103–82, title I, § 105(1)–(4), Sept. 21, 1993, 107 Stat. 848.) Editorial Notes AMENDMENTS 1993—Subsec. (a). Pub. L. 103–82, § 105(2), (4), sub- stituted ‘‘subchapter’’ for ‘‘chapter’’ and inserted ‘‘in this subchapter’’ after ‘‘(hereinafter’’. 1974—Subsec. (a). Pub. L. 93–408 extended eligibility to permanent residents of Puerto Rico, removed the re- striction that employment be in the summer months only, and substituted ‘‘waters of the United States’’ for ‘‘waters of the United States under his jurisdiction’’. Subsec. (b). Pub. L. 93–408 substituted ‘‘from all parts of the country of both sexes and youth of all social, economic, and racial classifications with all Corps members receiving compensation consistent with work accomplished, and with’’ for ‘‘of both sexes and youth of all social, economic, and racial classifications, with’’. 1972—Subsec. (a). Pub. L. 92–597 substituted ‘‘estab- lished in the Department of the Interior and the De- partment of Agriculture a Youth Conservation’’ and ‘‘under his jurisdiction’’ for ‘‘hereby established in the Department of the Interior and the Department of Ag- riculture a three-year pilot program designated as the Youth Conservation’’ and ‘‘under the jurisdiction of the appropriate Secretary’’ respectively, and extended eli- gibility to permanent residents of trust territories. 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 this title. § 1703. Duties and functions of Secretary of the Interior and Secretary of Agriculture (a) Programs and projects; conditions of employ- ment; regulations; use of facilities by edu- cational institutions In carrying out this subchapter, the Secretary of the Interior and the Secretary of Agriculture shall— (1) determine the areas under their adminis- trative jurisdictions which are appropriate for carrying out the programs using employees of the Corps; (2) determine with other Federal agencies the areas under the administrative jurisdic- tion of these agencies which are appropriate for carrying out programs using members of the Corps, and determine and select appro- priate work and education programs and projects for participation by members of the Corps; (3) determine the rates of pay, hours, and other conditions of employment in the Corps, except that all members of the Corps shall not be deemed to be Federal employees other than for the purpose of chapter 171 of title 28, and chapter 81 of title 5.1 (4) provide for such transportation, lodging, subsistence, and other services and equipment as they may deem necessary or appropriate for the needs of members of the Corps in their du- ties; (5) promulgate regulation 2 to insure the safety, health, and welfare of the Corps mem- bers; and (6) provide to the extent possible, that per- manent or semipermanent facilities used as Corps camps be made available to local schools, school districts, State junior colleges and universities, and other education institu- tions for use as environmental/ecological edu- cation camps during periods of nonuse by the Corps program. Costs for operations maintenance, and staffing of Corps camp facilities during periods of use by non-Corps programs as well as any liability for personal injury or property damage stemming from such use shall be the responsibility of the Page 1981 TITLE 16—CONSERVATION § 1704 entity or organization using the facility and shall not be a responsibility of the Secretaries or the Corps. (b) Use of unoccupied Federal facilities and equipment Existing but unoccupied Federal facilities and surplus or unused equipment (or both), of all types including military facilities and equip- ment, shall be utilized for the purposes of the Corps, where appropriate and with the approval of the Federal agency involved. To minimize transportation costs, Corps members shall be employed on conservation projects as near to their places of residence as is feasible. (c) Contracts for the operation of projects The Secretary of the Interior and the Sec- retary of Agriculture may contract with any public agency or organization or any private nonprofit agency or organization which has been in existence for at least five years for the oper- ation of any Youth Conservation Corps project. (Pub. L. 91–378, title I, § 103, formerly § 3, Aug. 13, 1970, 84 Stat. 795; Pub. L. 92–597, Oct. 27, 1972, 86 Stat. 1319; Pub. L. 93–408, Sept. 3, 1974, 88 Stat. 1067; renumbered title I, § 103, and amended Pub. L. 103–82, title I, § 105(1)–(3), Sept. 21, 1993, 107 Stat. 848.) Editorial Notes AMENDMENTS 1993—Subsec. (a). Pub. L. 103–82, § 105(2), substituted ‘‘subchapter’’ for ‘‘chapter’’ in introductory provisions. 1974—Pub. L. 93–408 reenacted existing provisions with minor changes. 1972—Pub. L. 92–597 substantially reenacted existing provisions and inserted provisions requiring the Sec- retary of the Interior and the Secretary of Agriculture to determine and select appropriate work and edu- cation programs and projects for participation by mem- bers of the Corps and to provide that permanent or semipermanent facilities used as Corps camps be made available to local schools, school districts, and such other institutions for use as environmental education camps during periods of nonuse by the Corps program, that the costs of operation, maintenance, and staffing of Corps camp facilities during periods of use by non- Corps programs and liabilities arising from such use shall be the responsibility of the organization using the facility and, struck out provisions requiring prepara- tion and submission to the President of a report not later than Aug. 13, 1971, for transmittal to the Congress for review and appropriate action, and that the provi- sions of Title II of the Revenue and Expenditure Con- trol Act of 1968 shall not apply to appointments made to the Corps, to temporary supervisory personnel, or to temporary program support staff. 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 this title. § 1704. Grants to States (a) Projects for preservation of non-Federal pub- lic lands and waters; ‘‘States’’ defined The Secretary of the Interior and the Sec- retary of Agriculture shall jointly establish a program under which grants shall be made to States to assist them in meeting the cost of projects for the employment of young men and women to develop, preserve, and maintain non- Federal public lands and waters within the States. For purposes of this section, the term ‘‘States’’ includes the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Is- lands, Guam, the Trust Territory of the Pacific Islands, and American Samoa. (b) Application requirements for grants; ap- proval by Secretaries (1) No grant may be made under this section unless an application therefor has been sub- mitted to, and approved by, the Secretary of the Interior and the Secretary of Agriculture. Such application shall be in such form, and submitted in such manner, as the Secretaries shall jointly by regulation prescribe, and shall contain— (A) assurances satisfactory to the Secre- taries that individuals employed under the project for which the application is submitted shall (i) have attained the age of fifteen but not attained the age of nineteen, (ii) be perma- nent residents of the United States or its ter- ritories, possessions, or the Trust Territory of the Pacific Islands, (iii) be employed without regard to the personnel laws, rules, and regu- lations applicable to full-time employees of the applicant, (iv) be employed for a period of not more than ninety days in any calendar year, and (v) be employed without regard to their sex or social, economic, or racial classi- fication; and (B) such other information as the Secre- taries may jointly by regulation prescribe. (2) The Secretaries may approve applications which they determine (A) to meet the require- ments of paragraph (1), and (B) are for projects which will further the development, preserva- tion, or maintenance of non-Federal public lands or waters within the jurisdiction of the appli- cant. (c) Limitation on the amount of grant (1) The amount of any grant under this section shall be determined jointly by the Secretaries, except that no grant for any project may exceed 80 per centum of the cost (as determined by the Secretaries) of such project. (2) Payments under grants under this section may be made in advance or by way of reimburse- ment and at such intervals and on such condi- tions as the Secretaries find necessary. (d) Appropriation percentage Thirty per centum of the sums appropriated under section 1706 of this title for any fiscal year shall be made available for grants under this section for such fiscal year. (Pub. L. 91–378, title I, § 104, formerly § 4, Aug. 13, 1970, 84 Stat. 796; Pub. L. 92–597, Oct. 27, 1972, 86 Stat. 1320; Pub. L. 93–408, Sept. 3, 1974, 88 Stat. 1067; renumbered title I, § 104, and amended Pub. L. 103–82, title I, § 105(1), (3), (5), Sept. 21, 1993, 107 Stat. 848.) Editorial Notes AMENDMENTS 1993—Subsec. (d). Pub. L. 103–82, § 105(5), made tech- nical amendment to reference to section 1706 of this