16 U.S.C. § 1723

Current through P.L. 118-106 (published on www.congress.gov on 10/04/2024)
Section 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 establishment 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 enrollment 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 Secretary may enroll such individuals in the Corps without regard to the civil service and classification laws, rules, or regulations of the United States. The Secretary may establish a preference for the enrollment in the Corps of individuals 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 referred 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 located in a specific area that have a substantial portion of members who are economically, physically, or educationally disadvantaged to carry out projects within the area.

(B) Priority projects

In carrying out priority projects in a specific area, the Secretary shall, to the maximum extent practicable, give preference to qualified youth or conservation corps located in that specific area that have a substantial portion of members who are economically, physically, or educationally disadvantaged.

(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 involved 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 disaster prevention or relief effort.

(e) Preference for certain projects

In selecting appropriate conservation projects to be carried out under this subchapter, the Secretary 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 management, operational, and other plans and documents 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 impacting 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.

16 U.S.C. § 1723

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 TEXTThis 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.

AMENDMENTS2019-Subsec. (a). Pub. L. 116-9, §9003(b)(1), added subsec. (a) and struck out former subsec. (a). Prior to amendment, text read as follows: "There is hereby established in the Department of the Interior and the Department of Agriculture a Public Lands Corps."Subsec. (b). Pub. L. 116-9, §9003(b)(2), substituted "individuals 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 "section 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), substituted "Corps by the Secretary" for "Corps by the Secretary of the Interior or the Secretary of Agriculture" 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 sentence as par. (1), inserted heading, and substituted "The Secretary may" for "The Secretary of the Interior and the Secretary of Agriculture may each" and "the Secretary" for "such Secretary", designated second 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 response to an emergency or major disaster declared by the President under the Robert T. Stafford Disaster Relief 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 Secretary of Agriculture" in introductory provisions.

STATUTORY NOTES AND RELATED SUBSIDIARIES

EFFECTIVE DATESection 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 this title.