Legislación


US (United States) Code. Title 16. Chapter 37: Youth Conservation Corps and Public Lands Corps


-CITE-

16 USC CHAPTER 37 - YOUTH CONSERVATION CORPS AND PUBLIC

LANDS CORPS 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 37 - YOUTH CONSERVATION CORPS AND PUBLIC LANDS CORPS

.

-HEAD-

CHAPTER 37 - YOUTH CONSERVATION CORPS AND PUBLIC LANDS CORPS

-MISC1-

SUBCHAPTER I - YOUTH CONSERVATION CORPS

Sec.

1701. Congressional declaration of policy and purpose.

1702. Establishment.

(a) Age of participants.

(b) Equal employment opportunity and employment;

term.

1703. Duties and functions of Secretary of the Interior and

Secretary of Agriculture.

(a) Programs and projects; conditions of employment;

regulations; use of facilities by educational

institutions.

(b) Use of unoccupied Federal facilities and

equipment.

(c) Contracts for the operation of projects.

1704. Grants to States.

(a) Projects for preservation of non-Federal public

lands and waters; ''States'' defined.

(b) Application requirements for grants; approval by

Secretaries.

(c) Limitation on the amount of grant.

(d) Appropriation percentage.

1705. Repealed.

1706. Authorization of appropriations.

SUBCHAPTER II - PUBLIC LANDS CORPS

1721. Congressional findings and purpose.

(a) Findings.

(b) Purpose.

1722. Definitions.

1723. Public Lands Corps program.

(a) Establishment of Public Lands Corps.

(b) Participants.

(c) Qualified youth or conservation corps.

(d) Projects to be carried out.

(e) Preference for certain projects.

(f) Consistency.

1724. Conservation centers.

(a) Establishment and use.

(b) Logistical support.

(c) Use of military installations.

1725. Resource assistants.

(a) Authorization.

(b) Use of existing nonprofit organizations.

1726. Living allowances and terms of service.

(a) Living allowances.

(b) Terms of service.

1727. National service educational awards.

(a) Educational benefits and awards.

(b) Forbearance in collection of Stafford loans.

1728. Nondisplacement.

1729. Funding.

(a) Cost sharing.

(b) Funds available under National and Community

Service Act.

-SECREF-

CHAPTER REFERRED TO IN OTHER SECTIONS

This chapter is referred to in title 42 section 12651d.

-CITE-

16 USC SUBCHAPTER I - YOUTH CONSERVATION CORPS 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 37 - YOUTH CONSERVATION CORPS AND PUBLIC LANDS CORPS

SUBCHAPTER I - YOUTH CONSERVATION CORPS

.

-HEAD-

SUBCHAPTER I - YOUTH CONSERVATION CORPS

-CITE-

16 USC Sec. 1701 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 37 - YOUTH CONSERVATION CORPS AND PUBLIC LANDS CORPS

SUBCHAPTER I - YOUTH CONSERVATION CORPS

-HEAD-

Sec. 1701. Congressional declaration of policy and purpose

-STATUTE-

The Congress finds that the Youth Conservation Corps has

demonstrated a high degree of success as a pilot program wherein

American youth, representing all segments of society, have

benefited by gainful employment in the healthful outdoor atmosphere

of the national park system, the national forest system, other

public land and water areas of the United States and by their

employment have developed, enhanced, and maintained the natural

resources of the United States, and whereas in so doing the youth

have gained an understanding and appreciation of the Nation's

environment and heritage equal to one full academic year of study,

it is accordingly the purpose of this subchapter to expand and make

permanent the Youth Conservation Corps and thereby further the

development and maintenance of the natural resources by America's

youth, and in so doing to prepare them for the ultimate

responsibility of maintaining and managing these resources for the

American people.

-SOURCE-

(Pub. L. 91-378, title I, Sec. 101, formerly Sec. 1, Aug. 13, 1970,

84 Stat. 794; Pub. L. 92-597, Oct. 27, 1972, 86 Stat. 1319; Pub. L.

93-408, Sept. 3, 1974, 88 Stat. 1066; renumbered title I, Sec. 101,

and amended Pub. L. 103-82, title I, Sec. 105(1)-(3), Sept. 21,

1993, 107 Stat. 848.)

-MISC1-

AMENDMENTS

1993 - Pub. L. 103-82, Sec. 105(2), substituted ''subchapter''

for ''chapter''.

1974 - Pub. L. 93-408 substantially reenacted existing provisions

and added finding that the Youth Conservation Corps program be

expanded and made permanent in view of the success of the pilot

program.

1972 - Pub. L. 92-597 substituted ''areas of the United States''

for ''areas administered by the Secretary of the Interior and the

Secretary of Agriculture''.

EFFECTIVE DATE OF 1993 AMENDMENT

Section 123 of title I of Pub. L. 103-82 provided that: ''This

title (see Tables for classification), and the amendments made by

this title, shall take effect on October 1, 1993.''

SHORT TITLE

Title I of Pub. L. 91-378, Aug. 13, 1970, 84 Stat. 794, which

enacted this subchapter, is popularly known as the ''Youth

Conservation Corps Act of 1970''.

Section 201 of title II of Pub. L. 91-378, as added by Pub. L.

103-82, title I, Sec. 105(6), Sept. 21, 1993, 107 Stat. 848,

provided that: ''This title (enacting subchapter II of this

chapter) may be cited as the 'Public Lands Corps Act of 1993'.''

-CITE-

16 USC Sec. 1702 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 37 - YOUTH CONSERVATION CORPS AND PUBLIC LANDS CORPS

SUBCHAPTER I - YOUTH CONSERVATION CORPS

-HEAD-

Sec. 1702. Establishment

-STATUTE-

(a) Age of participants

To carry out the purposes of this subchapter, there is

established in the Department of the Interior 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 territories, or

Commonwealth of Puerto Rico who have attained age fifteen but have

not attained age nineteen, and whom the Secretary of the Interior

or the Secretary of Agriculture may employ without regard to the

civil service or classification laws, rules, or regulations, for

the purpose of developing, preserving, or maintaining the lands and

waters of the United States.

(b) Equal employment opportunity and employment; 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.

-SOURCE-

(Pub. L. 91-378, title I, Sec. 102, formerly Sec. 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, Sec. 102,

and amended Pub. L. 103-82, title I, Sec. 105(1)-(4), Sept. 21,

1993, 107 Stat. 848.)

-MISC1-

AMENDMENTS

1993 - Subsec. (a). Pub. L. 103-82, Sec. 105(2), (4), substituted

''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 restriction 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 ''established in

the Department of the Interior and the Department of Agriculture a

Youth Conservation'' and ''under his jurisdiction'' for ''hereby

established in the Department of the Interior and the Department of

Agriculture a three-year pilot program designated as the Youth

Conservation'' and ''under the jurisdiction of the appropriate

Secretary'' respectively, and extended eligibility to permanent

residents of trust territories.

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.

-CITE-

16 USC Sec. 1703 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 37 - YOUTH CONSERVATION CORPS AND PUBLIC LANDS CORPS

SUBCHAPTER I - YOUTH CONSERVATION CORPS

-HEAD-

Sec. 1703. Duties and functions of Secretary of the Interior and

Secretary of Agriculture

-STATUTE-

(a) Programs and projects; conditions of employment; regulations;

use of facilities by educational institutions

In carrying out this subchapter, the Secretary of the Interior

and the Secretary of Agriculture shall -

(1) determine the areas under their administrative

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 jurisdiction of these agencies which are

appropriate for carrying out programs using members of the Corps,

and determine and select appropriate 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.

(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

duties:

(5) promulgate regulation to insure the safety, health, and

welfare of the Corps members; and

(6) provide to the extent possible, that permanent or

semipermanent facilities used as Corps camps be made available to

local schools, school districts, State junior colleges and

universities, and other education institutions for use as

environmental/ecological education 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 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

equipment, 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 Secretary 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 operation of any Youth Conservation Corps

project.

-SOURCE-

(Pub. L. 91-378, title I, Sec. 103, formerly Sec. 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, Sec. 103,

and amended Pub. L. 103-82, title I, Sec. 105(1)-(3), Sept. 21,

1993, 107 Stat. 848.)

-MISC1-

AMENDMENTS

1993 - Subsec. (a). Pub. L. 103-82, Sec. 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 Secretary of the Interior and

the Secretary of Agriculture to determine and select appropriate

work and education programs and projects for participation by

members 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 preparation 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 provisions of Title II

of the Revenue and Expenditure Control Act of 1968 shall not apply

to appointments made to the Corps, to temporary supervisory

personnel, or to temporary program support staff.

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.

-CITE-

16 USC Sec. 1704 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 37 - YOUTH CONSERVATION CORPS AND PUBLIC LANDS CORPS

SUBCHAPTER I - YOUTH CONSERVATION CORPS

-HEAD-

Sec. 1704. Grants to States

-STATUTE-

(a) Projects for preservation of non-Federal public lands and

waters; ''States'' defined

The Secretary of the Interior and the Secretary 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 Islands,

Guam, the Trust Territory of the Pacific Islands, and American

Samoa.

(b) Application requirements for grants; approval by Secretaries

(1) No grant may be made under this section unless an application

therefor has been submitted 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 Secretaries 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 permanent residents of the United States

or its territories, possessions, or the Trust Territory of the

Pacific Islands, (iii) be employed without regard to the

personnel laws, rules, and regulations 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

classification; and

(B) such other information as the Secretaries may jointly by

regulation prescribe.

(2) The Secretaries may approve applications which they determine

(A) to meet the requirements of paragraph (1), and (B) are for

projects which will further the development, preservation, or

maintenance of non-Federal public lands or waters within the

jurisdiction of the applicant.

(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 reimbursement and at such intervals and on

such conditions 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.

-SOURCE-

(Pub. L. 91-378, title I, Sec. 104, formerly Sec. 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, Sec. 104,

and amended Pub. L. 103-82, title I, Sec. 105(1), (3), (5), Sept.

21, 1993, 107 Stat. 848.)

-MISC1-

AMENDMENTS

1993 - Subsec. (d). Pub. L. 103-82, Sec. 105(5), made technical

amendment to reference to section 1706 of this title to reflect

renumbering of corresponding section of original act.

1974 - Subsec. (a). Pub. L. 93-408 substituted ''jointly

establish a program'' for ''jointly establish a pilot grant

program''.

1972 - Pub. L. 92-579 substituted provisions relating to pilot

grant program for State projects for provisions relating to

Secretarial reports.

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.

-TRANS-

TERMINATION OF TRUST TERRITORY OF THE PACIFIC ISLANDS

For termination of Trust Territory of the Pacific Islands, see

note set out preceding section 1681 of Title 48, Territories and

Insular Possessions.

-CITE-

16 USC Sec. 1705 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 37 - YOUTH CONSERVATION CORPS AND PUBLIC LANDS CORPS

SUBCHAPTER I - YOUTH CONSERVATION CORPS

-HEAD-

Sec. 1705. Repealed. Pub. L. 104-333, div. I, title VIII, Sec.

814(d)(1)(N), Nov. 12, 1996, 110 Stat. 4196

-MISC1-

Section, Pub. L. 91-378, title I, Sec. 105, formerly Sec. 5, Aug.

13, 1970, 84 Stat. 796; Pub. L. 92-597, Oct. 27, 1972, 86 Stat.

1321; Pub. L. 93-408, Sept. 3, 1974, 88 Stat. 1068; renumbered

title I, Sec. 105, and amended Pub. L. 103-82, title I, Sec.

105(1)-(3), Sept. 21, 1993, 107 Stat. 848, directed Secretaries of

the Interior and Agriculture to annually prepare joint report

detailing activities carried out under this subchapter to President

and Congress.

-CITE-

16 USC Sec. 1706 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 37 - YOUTH CONSERVATION CORPS AND PUBLIC LANDS CORPS

SUBCHAPTER I - YOUTH CONSERVATION CORPS

-HEAD-

Sec. 1706. Authorization of appropriations

-STATUTE-

There are authorized to be appropriated amounts not to exceed

$60,000,000 for each fiscal year, which amounts shall be made

available to the Secretary of the Interior and the Secretary of

Agriculture to carry out the purposes of this subchapter.

Notwithstanding any other provision of law, funds appropriated for

any fiscal year to carry out this subchapter shall remain available

for obligation and expenditure until the end of the fiscal year

following the fiscal year for which appropriated.

-SOURCE-

(Pub. L. 91-378, title I, Sec. 106, formerly Sec. 6, as added Pub.

L. 92-597, Oct. 27, 1972, 86 Stat. 1321; amended Pub. L. 93-408,

Sept. 3, 1974, 88 Stat. 1068; renumbered title I, Sec. 106, and

amended Pub. L. 103-82, title I, Sec. 105(1)-(3), Sept. 21, 1993,

107 Stat. 848.)

-MISC1-

AMENDMENTS

1993 - Pub. L. 103-82, Sec. 105(2), substituted ''subchapter''

for ''chapter'' in two places.

1974 - Pub. L. 93-408 substituted authorization of appropriation

of amount not exceeding $60,000,000 for each fiscal year for

authorization of appropriation of amounts not exceeding $30,000,000

for fiscal year ending June 30, 1973 and $60,000,000 for fiscal

year ending June 30, 1974.

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.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1704 of this title.

-CITE-

16 USC SUBCHAPTER II - PUBLIC LANDS CORPS 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 37 - YOUTH CONSERVATION CORPS AND PUBLIC LANDS CORPS

SUBCHAPTER II - PUBLIC LANDS CORPS

.

-HEAD-

SUBCHAPTER II - PUBLIC LANDS CORPS

-SECREF-

SUBCHAPTER REFERRED TO IN OTHER SECTIONS

This subchapter is referred to in title 42 section 12572.

-CITE-

16 USC Sec. 1721 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 37 - YOUTH CONSERVATION CORPS AND PUBLIC LANDS CORPS

SUBCHAPTER II - PUBLIC LANDS CORPS

-HEAD-

Sec. 1721. Congressional findings and purpose

-STATUTE-

(a) Findings

The Congress finds the following:

(1) Conserving or developing natural and cultural resources and

enhancing and maintaining environmentally important lands and

waters through the use of the Nation's young men and women in a

Public Lands Corps can benefit those men and women by providing

them with education and work opportunities, furthering their

understanding and appreciation of the natural and cultural

resources, and providing a means to pay for higher education or

to repay indebtedness they have incurred to obtain higher

education while at the same time benefiting the Nation's economy

and its environment.

(2) Many facilities and natural resources located on eligible

service lands are in disrepair or degraded and in need of labor

intensive rehabilitation, restoration, and enhancement work which

cannot be carried out by Federal agencies at existing personnel

levels.

(3) Youth conservation corps have established a good record of

restoring and maintaining these kinds of facilities and resources

in a cost effective and efficient manner, especially when they

have worked in partnership arrangements with government land

management agencies.

(b) Purpose

It is the purpose of this subchapter to -

(1) perform, in a cost-effective manner, appropriate

conservation projects on eligible service lands where such

projects will not be performed by existing employees;

(2) assist governments and Indian tribes in performing research

and public education tasks associated with natural and cultural

resources on eligible service lands;

(3) expose young men and women to public service while

furthering their understanding and appreciation of the Nation's

natural and cultural resources;

(4) expand educational opportunities by rewarding individuals

who participate in national service with an increased ability to

pursue higher education or job training; and

(5) stimulate interest among the Nation's young men and women

in conservation careers by exposing them to conservation

professionals in land managing agencies.

-SOURCE-

(Pub. L. 91-378, title II, Sec. 202, as added Pub. L. 103-82, title

I, Sec. 105(6), Sept. 21, 1993, 107 Stat. 848.)

-MISC1-

EFFECTIVE DATE

Subchapter 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.

SHORT TITLE

For short title of title II of Pub. L. 91-378, as added by Pub.

L. 103-82, title I, Sec. 105(6), Sept. 21, 1993, 107 Stat. 848, as

the ''Public Lands Corps Act of 1993'', see Short Title note set

out under section 1701 of this title.

-CITE-

16 USC Sec. 1722 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 37 - YOUTH CONSERVATION CORPS AND PUBLIC LANDS CORPS

SUBCHAPTER II - PUBLIC LANDS CORPS

-HEAD-

Sec. 1722. Definitions

-STATUTE-

For purposes of this subchapter:

(1) Appropriate conservation project

The term ''appropriate conservation project'' means any project

for the conservation, restoration, construction or rehabilitation

of natural, cultural, historic, archaeological, recreational, or

scenic resources.

(2) Corps and Public Lands Corps

The terms ''Corps'' and ''Public Lands Corps'' mean the Public

Lands Corps established under section 1723 of this title.

(3) Eligible service lands

The term ''eligible service lands'' means public lands, Indian

lands, and Hawaiian home lands.

(4) Hawaiian home lands

The term ''Hawaiian home lands'' means all lands given the

status of Hawaiian home lands under section 204 of the Hawaiian

Homes Commission Act, 1920 (42 Stat. 110), or under the

corresponding provision of the Constitution of the State of

Hawaii adopted under section 4 of the Act entitled ''An Act to

provide for the admission of the State of Hawaii into the

Union'', approved March 18, 1959 (Public Law 86-3; 73 Stat. 5).

(5) Indian

The term ''Indian'' means a person who -

(A) is a member of an Indian tribe; or

(B) is a ''Native'', as defined in section 3(b) of the Alaska

Native Claims Settlement Act (43 U.S.C. 1602(b)).

(6) Indian lands

The term ''Indian lands'' means -

(A) any Indian reservation;

(B) any public domain Indian allotments;

(C) any former Indian reservation in the State of Oklahoma;

(D) any land held by incorporated Native groups, regional

corporations, and village corporations under the Alaska Native

Claims Settlement Act (43 U.S.C. 1601 et seq.); and

(E) any land held by dependent Indian communities within the

borders of the United States whether within the original or

subsequently acquired territory thereof, and whether within or

without the limits of a State.

(7) Indian tribe

The term ''Indian tribe'' means an Indian tribe, band, nation,

or other organized group or community, including any Native

village, Regional Corporation, or Village Corporation, as defined

in subsection (c), (g), or (j), respectively, of section 3 of the

Alaska Native Claims Settlement Act (43 U.S.C. 1602(c), (g), or

(j)), that is recognized as eligible for the special programs and

services provided by the United States under Federal law to

Indians because of their status as Indians.

(8) Public lands

The term ''public lands'' means any lands or waters (or

interest therein) owned or administered by the United States,

except that such term does not include any Indian lands.

(9) Qualified youth or conservation corps

The term ''qualified youth or conservation corps'' means any

program established by a State or local government, by the

governing body of any Indian tribe, or by a nonprofit

organization that -

(A) is capable of offering meaningful, full-time, productive

work for individuals between the ages of 16 and 25, inclusive,

in a natural or cultural resource setting;

(B) gives participants a mix of work experience, basic and

life skills, education, training, and support services; and

(C) provides participants with the opportunity to develop

citizenship values and skills through service to their

community and the United States.

(10) Resource assistant

The term ''resource assistant'' means a resource assistant

selected under section 1725 of this title.

(11) 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 Northern Mariana Islands.

-SOURCE-

(Pub. L. 91-378, title II, Sec. 203, as added Pub. L. 103-82, title

I, Sec. 105(6), Sept. 21, 1993, 107 Stat. 849.)

-REFTEXT-

REFERENCES IN TEXT

The Hawaiian Homes Commission Act, 1920, referred to in par. (4),

is act July 9, 1921, ch. 42, 42 Stat. 108, as amended. Section 204

of that Act was classified to section 698 of Title 48, Territories

and Insular Possessions, and was omitted 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, as amended,

which is classified generally to chapter 33 (Sec. 1601 et seq.) of

Title 43, Public Lands. For complete classification of this Act to

the Code, see Short Title note set out under section 1601 of Title

43 and Tables.

-CITE-

16 USC Sec. 1723 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 37 - YOUTH CONSERVATION CORPS AND PUBLIC LANDS CORPS

SUBCHAPTER II - PUBLIC LANDS CORPS

-HEAD-

Sec. 1723. Public Lands Corps program

-STATUTE-

(a) Establishment of Public Lands Corps

There is hereby established in the Department of the Interior and

the Department of Agriculture a Public Lands Corps.

(b) Participants

The Corps shall consist of individuals between the ages of 16 and

25, inclusive, who are enrolled as participants in the Corps by the

Secretary of the Interior or the Secretary of Agriculture. To be

eligible for enrollment in the Corps, an individual shall satisfy

the criteria specified in section 12591(b) of title 42. The

Secretaries may enroll such individuals in the Corps without regard

to the civil service and classification laws, rules, or regulations

of the United States. The Secretaries 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

The Secretary of the Interior and the Secretary of Agriculture

are 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) of

this section.

(d) Projects to be carried out

The Secretary of the Interior and the Secretary of Agriculture

may each utilize the Corps or any qualified youth or conservation

corps to carry out appropriate conservation projects which such

Secretary is authorized to carry out under other authority of law

on public 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. 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.).

(e) Preference for certain projects

In selecting appropriate conservation projects to be carried out

under this subchapter, the Secretary of the Interior and the

Secretary of Agriculture 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.

-SOURCE-

(Pub. L. 91-378, title II, Sec. 204, as added Pub. L. 103-82, title

I, Sec. 105(6), Sept. 21, 1993, 107 Stat. 850.)

-REFTEXT-

REFERENCES IN TEXT

The Robert T. Stafford Disaster Relief and Emergency Assistance

Act, referred to in subsec. (d), is Pub. L. 93-288, May 22, 1974,

88 Stat. 143, as amended, which is classified principally to

chapter 68 (Sec. 5121 et seq.) of Title 42, The Public Health and

Welfare. For complete classification of this Act to the Code, see

Short Title note set out under section 5121 of Title 42 and Tables.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1722 of this title.

-CITE-

16 USC Sec. 1724 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 37 - YOUTH CONSERVATION CORPS AND PUBLIC LANDS CORPS

SUBCHAPTER II - PUBLIC LANDS CORPS

-HEAD-

Sec. 1724. Conservation centers

-STATUTE-

(a) Establishment and use

The Secretary of the Interior and the Secretary of Agriculture

are each authorized to provide such quarters, board, medical care,

transportation, and other services, facilities, supplies, and

equipment as such Secretary deems necessary in connection with the

Public Lands Corps and appropriate conservation projects carried

out under this subchapter and to establish and use conservation

centers owned and operated by such Secretary for purposes of the

Corps and such projects. The Secretaries shall establish basic

standards of health, nutrition, sanitation, and safety for all

conservation centers established under this section and shall

assure that such standards are enforced. Where necessary or

appropriate, the Secretaries may enter into contracts and other

appropriate arrangements with State and local government agencies

and private organizations for the management of such conservation

centers.

(b) Logistical support

The Secretary of the Interior and the Secretary of Agriculture

may make arrangements with the Secretary of Defense to have

logistical support provided by the Armed Forces to the Corps and

any conservation center established under this section, where

feasible. Logistical support may include the provision of

temporary tent shelters where needed, transportation, and

residential supervision.

(c) Use of military installations

The Secretary of the Interior and the Secretary of Agriculture

may make arrangements with the Secretary of Defense to identify

military installations and other facilities of the Department of

Defense and, in consultation with the adjutant generals of the

State National Guards, National Guard facilities that may be used,

in whole or in part, by the Corps for training or housing Corps

participants.

-SOURCE-

(Pub. L. 91-378, title II, Sec. 205, as added Pub. L. 103-82, title

I, Sec. 105(6), Sept. 21, 1993, 107 Stat. 851.)

-CITE-

16 USC Sec. 1725 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 37 - YOUTH CONSERVATION CORPS AND PUBLIC LANDS CORPS

SUBCHAPTER II - PUBLIC LANDS CORPS

-HEAD-

Sec. 1725. Resource assistants

-STATUTE-

(a) Authorization

The Secretary of the Interior and the Secretary of Agriculture

are each authorized to provide individual placements of resource

assistants with any Federal land managing agency under the

jurisdiction of such Secretary to carry out research or resource

protection activities on behalf of the agency. To be eligible for

selection as a resource assistant, an individual must be at least

17 years of age. The Secretaries may select resource assistants

without regard to the civil service and classification laws, rules,

or regulations of the United States. The Secretaries shall give a

preference to the selection of individuals who are enrolled in an

institution of higher education or are recent graduates from an

institution of higher education, with particular attention given to

ensure full representation of women and participants from

historically black, Hispanic, and Native American schools.

(b) Use of existing nonprofit organizations

Whenever one or more existing nonprofit organizations can

provide, in the judgment of the Secretary of the Interior or the

Secretary of Agriculture, appropriate recruitment and placement

services to fulfill the requirements of this section, the Secretary

may implement this section through such existing organizations.

Participating nonprofit organizations shall contribute to the

expenses of providing and supporting the resource assistants,

through private sources of funding, at a level equal to 25 percent

of the total costs of each participant in the Resource Assistant

program who has been recruited and placed through that

organization. Any such participating nonprofit conservation

service organization shall be required, by the respective land

managing agency, to submit an annual report evaluating the scope,

size, and quality of the program, including the value of work

contributed by the Resource Assistants, to the mission of the

agency.

-SOURCE-

(Pub. L. 91-378, title II, Sec. 206, as added Pub. L. 103-82, title

I, Sec. 105(6), Sept. 21, 1993, 107 Stat. 852.)

-REFTEXT-

REFERENCES IN TEXT

The civil service laws, referred to in subsec. (a), are set forth

in Title 5, Government Organization and Employees. See,

particularly, section 3301 et seq. of Title 5.

The classification laws, referred to in subsec. (a), are

classified to chapter 51 (Sec. 5101 et seq.) and subchapter III

(Sec. 5331 et seq.) of chapter 53 of Title 5.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1722 of this title.

-CITE-

16 USC Sec. 1726 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 37 - YOUTH CONSERVATION CORPS AND PUBLIC LANDS CORPS

SUBCHAPTER II - PUBLIC LANDS CORPS

-HEAD-

Sec. 1726. Living allowances and terms of service

-STATUTE-

(a) Living allowances

The Secretary of the Interior and the Secretary of Agriculture

shall provide each participant in the Public Lands Corps and each

resource assistant with a living allowance in an amount not to

exceed the maximum living allowance authorized by section 140(a)(3)

of the National and Community Service Act of 1990 (42 U.S.C.

12594(a)(3)) for participants in a national service program

assisted under subtitle C of title I of such Act (42 U.S.C. 12571

et seq.).

(b) Terms of service

Each participant in the Corps and each resource assistant shall

agree to participate in the Corps or serve as a resource assistant,

as the case may be, for such term of service as may be established

by the Secretary enrolling or selecting the individual.

-SOURCE-

(Pub. L. 91-378, title II, Sec. 207, as added Pub. L. 103-82, title

I, Sec. 105(6), Sept. 21, 1993, 107 Stat. 852.)

-REFTEXT-

REFERENCES IN TEXT

The National and Community Service Act of 1990, referred to in

subsec. (a), is Pub. L. 101-610, Nov. 16, 1990, 104 Stat. 3127, as

amended. Subtitle C of title I of the Act is classified generally

to division C (Sec. 12571 et seq.) of subchapter I of chapter 129

of Title 42, The Public Health and Welfare. For complete

classification of this Act to the Code, see Short Title note set

out under section 12501 of Title 42 and Tables.

-CITE-

16 USC Sec. 1727 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 37 - YOUTH CONSERVATION CORPS AND PUBLIC LANDS CORPS

SUBCHAPTER II - PUBLIC LANDS CORPS

-HEAD-

Sec. 1727. National service educational awards

-STATUTE-

(a) Educational benefits and awards

If a participant in the Public Lands Corps or a resource

assistant also serves in an approved national service position

designated under subtitle C of title I of the National and

Community Service Act of 1990 (42 U.S.C. 12571 et seq.), the

participant or resource assistant shall be eligible for a national

service educational award in the manner prescribed in subtitle D of

such title (42 U.S.C. 12601 et seq.) upon successfully complying

with the requirements for the award. The period during which the

national service educational award may be used, the purposes for

which the award may be used, and the amount of the award shall be

determined as provided under such subtitle.

(b) Forbearance in collection of Stafford loans

For purposes of section 1078 of title 20, in the case of

borrowers who are either participants in the Corps or resource

assistants, upon written request, a lender shall grant a borrower

forbearance on such terms as are otherwise consistent with the

regulations of the Secretary of Education, during periods in which

the borrower is serving as such a participant or a resource

assistant.

-SOURCE-

(Pub. L. 91-378, title II, Sec. 208, as added Pub. L. 103-82, title

I, Sec. 105(6), Sept. 21, 1993, 107 Stat. 853.)

-REFTEXT-

REFERENCES IN TEXT

The National and Community Service Act of 1990, referred to in

subsec. (a), is Pub. L. 101-610, Nov. 16, 1990, 104 Stat. 3127, as

amended. Subtitles C and D of title I of the Act are classified

generally to divisions C (Sec. 12571 et seq.) and D (Sec. 12601 et

seq.), respectively, of subchapter I of chapter 129 of Title 42,

The Public Health and Welfare. For complete classification of this

Act to the Code, see Short Title note set out under section 12501

of Title 42 and Tables.

-CITE-

16 USC Sec. 1728 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 37 - YOUTH CONSERVATION CORPS AND PUBLIC LANDS CORPS

SUBCHAPTER II - PUBLIC LANDS CORPS

-HEAD-

Sec. 1728. Nondisplacement

-STATUTE-

The nondisplacement requirements of section 12637 of title 42

shall be applicable to all activities carried out by the Public

Lands Corps, to all activities carried out under this subchapter by

a qualified youth or conservation corps, and to the selection and

service of resource assistants.

-SOURCE-

(Pub. L. 91-378, title II, Sec. 209, as added Pub. L. 103-82, title

I, Sec. 105(6), Sept. 21, 1993, 107 Stat. 853.)

-CITE-

16 USC Sec. 1729 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 37 - YOUTH CONSERVATION CORPS AND PUBLIC LANDS CORPS

SUBCHAPTER II - PUBLIC LANDS CORPS

-HEAD-

Sec. 1729. Funding

-STATUTE-

(a) Cost sharing

(1) Projects by qualified youth or conservation corps

The Secretary of the Interior and the Secretary of Agriculture

are each authorized to pay not more than 75 percent of the costs

of any appropriate conservation project carried out pursuant to

this subchapter on public lands by a qualified youth or

conservation corps. The remaining 25 percent of the costs of

such a project may be provided from nonfederal sources in the

form of funds, services, facilities, materials, equipment, or any

combination of the foregoing. No cost sharing shall be required

in the case of any appropriate conservation project carried out

on Indian lands or Hawaiian home lands under this subchapter.

(2) Public Lands Corps projects

The Secretary of the Interior and the Secretary of Agriculture

are each authorized to accept donations of funds, services,

facilities, materials, or equipment for the purposes of operating

the Public Lands Corps and carrying out appropriate conservation

projects by the Corps. However, nothing in this subchapter shall

be construed to require any cost sharing for any project carried

out directly by the Corps.

(b) Funds available under National and Community Service Act

In order to carry out the Public Lands Corps or to support

resource assistants and qualified youth or conservation corps under

this subchapter, the Secretary of the Interior and the Secretary of

Agriculture shall be eligible to apply for and receive assistance

under section 121(b) of the National and Community Service Act of

1990 (42 U.S.C. 12571(b)).

-SOURCE-

(Pub. L. 91-378, title II, Sec. 210, as added Pub. L. 103-82, title

I, Sec. 105(6), Sept. 21, 1993, 107 Stat. 853.)

-CITE-




Descargar
Enviado por:El remitente no desea revelar su nombre
Idioma: inglés
País: Estados Unidos

Te va a interesar