43 U.S.C. § 1739 — Advisory councils

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 Page 551 TITLE 43—PUBLIC LANDS § 1742 which the advisory council is established and such other matters as may be referred to it by the Secretary. (e) Public participation; procedures applicable In exercising his authorities under this Act, the Secretary, by regulation, shall establish pro- cedures, including public hearings where appro- priate, to give the Federal, State, and local gov- ernments and the public adequate notice and an opportunity to comment upon the formulation of standards and criteria for, and to participate in, the preparation and execution of plans and programs for, and the management of, the pub- lic lands. (Pub. L. 94–579, title III, § 309, Oct. 21, 1976, 90 Stat. 2767; Pub. L. 95–514, § 13, Oct. 25, 1978, 92 Stat. 1808; Pub. L. 117–286, § 4(a)(285), Dec. 27, 2022, 136 Stat. 4337.) Editorial Notes REFERENCES IN TEXT This Act, referred to in subsec. (e), is Pub. L. 94–579, Oct. 21, 1976, 90 Stat. 2743, known as the Federal Land Policy and Management Act of 1976. For complete clas- sification of this Act to the Code, see Tables. AMENDMENTS 2022—Subsec. (a). Pub. L. 117–286 substituted ‘‘chapter 10 of title 5.’’ for ‘‘the Federal Advisory Committee Act (86 Stat. 770).’’ 1978—Subsec. (a). Pub. L. 95–514 substituted in first sentence ‘‘shall establish’’ for ‘‘is authorized to estab- lish’’. Statutory Notes and Related Subsidiaries TERMINATION OF ADVISORY COUNCILS Advisory councils established after Jan. 5, 1973, to terminate not later than the expiration of the 2-year period beginning on the date of their establishment, unless, in the case of a council established by the Presi- dent or an officer of the Federal Government, such council is renewed by appropriate action prior to the expiration of such 2-year period, or in the case of a council established by the Congress, its duration is oth- erwise provided for by law. See sections 1001(2) and 1013 of Title 5, Government Organization and Employees. § 1740. Rules and regulations The Secretary, with respect to the public lands, shall promulgate rules and regulations to carry out the purposes of this Act and of other laws applicable to the public lands, and the Sec- retary of Agriculture, with respect to lands within the National Forest System, shall pro- mulgate rules and regulations to carry out the purposes of this Act. The promulgation of such rules and regulations shall be governed by the provisions of chapter 5 of title 5, without regard to section 553(a)(2). Prior to the promulgation of such rules and regulations, such lands shall be administered under existing rules and regula- tions concerning such lands to the extent prac- tical. (Pub. L. 94–579, title III, § 310, Oct. 21, 1976, 90 Stat. 2767.) Editorial Notes REFERENCES IN TEXT This Act, referred to in text, is Pub. L. 94–579, Oct. 21, 1976, 90 Stat. 2743, known as the Federal Land Policy and Management Act of 1976. For complete classifica- tion of this Act to the Code, see Tables. § 1741. Annual reports (a) Purpose; time for submission For the purpose of providing information that will aid Congress in carrying out its oversight responsibilities for public lands programs and for other purposes, the Secretary shall prepare a report in accordance with subsections (b) and (c) and submit it to the Congress no later than one hundred and twenty days after the end of each fiscal year beginning with the report for fiscal year 1979. (b) Format A list of programs and specific information to be included in the report as well as the format of the report shall be developed by the Secretary after consulting with the Committee on Natural Resources of the House of Representatives and the Committee on Energy and Natural Re- sources of the Senate and shall be provided to the committees prior to the end of the second quarter of each fiscal year. (c) Contents The report shall include, but not be limited to, program identification information, program evaluation information, and program budgetary information for the preceding current and suc- ceeding fiscal years. (Pub. L. 94–579, title III, § 311, Oct. 21, 1976, 90 Stat. 2768; Pub. L. 103–437, § 16(d)(3), Nov. 2, 1994, 108 Stat. 4595.) Editorial Notes AMENDMENTS 1994—Subsec. (b). Pub. L. 103–437 substituted ‘‘Com- mittee on Natural Resources of the House of Represent- atives and the Committee on Energy and Natural Re- sources of the Senate’’ for ‘‘Committees on Interior and Insular Affairs of the House and Senate’’. Statutory Notes and Related Subsidiaries TERMINATION OF REPORTING REQUIREMENTS For termination, effective May 15, 2000, of provisions of law requiring submittal to Congress of any annual, semiannual, or other regular periodic report listed in House Document No. 103–7 (in which the 9th item on page 112 identifies a reporting provision which, as sub- sequently amended, is contained in this section), see section 3003 of Pub. L. 104–66, as amended, set out as a note under section 1113 of Title 31, Money and Finance. § 1742. Search, rescue, and protection forces; emergency situations authorizing hiring Where in his judgment sufficient search, res- cue, and protection forces are not otherwise available, the Secretary is authorized in cases of emergency to incur such expenses as may be necessary (a) in searching for and rescuing, or in cooperating in the search for and rescue of, per- sons lost on the public lands, (b) in protecting or rescuing, or in cooperating in the protection and rescue of, persons or animals endangered by an act of God, and (c) in transporting deceased per- sons or persons seriously ill or injured to the nearest place where interested parties or local authorities are located.