119 STAT. 2544 PUBLIC LAW 109–125—DEC. 7, 2005

Public Law 109–125

109th Congress

An Act

To authorize the Secretary of the Interior to recruit volunteers to assist with,

or facilitate, the activities of various agencies and offices of the Department

of the Interior.

Be it enacted by the Senate and House of Representatives of

the United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

This Act may be cited as the ‘‘Department of the Interior

Volunteer Recruitment Act of 2005’’.

SEC. 2. PURPOSE.

The purpose of this Act is to authorize the Secretary of the

Interior to recruit and use volunteers to assist with, or facilitate,

the programs of the Bureau of Indian Affairs, the United States

Geological Survey, the Bureau of Reclamation, and the Office of

the Secretary.

SEC. 3. VOLUNTEER AUTHORITY.

(a) IN GENERAL.—The Secretary of the Interior may recruit,

train, and accept, without regard to the civil service classification

laws, rules, or regulations, the services of individuals, contributed

without compensation as volunteers, for aiding in or facilitating

the activities administered by the Secretary through the Bureau

of Indian Affairs, the United States Geological Survey, the Bureau

of Reclamation, and the Office of the Secretary.

(b) RESTRICTIONS ON ACTIVITIES OF VOLUNTEERS.—

(1) IN GENERAL.—In accepting such services of individuals

as volunteers, the Secretary shall not permit the use of volunteers in law enforcement work, in regulatory and enforcement

work, in policymaking processes, or to displace any employee.

(2) PRIVATE PROPERTY.—No volunteer services authorized

by this Act may be conducted on private property unless the

officer or employee charged with supervising the volunteer

obtains appropriate consent to enter the property from the

property owner.

(3) HAZARDOUS DUTY.—The Secretary may accept the services of individuals in hazardous duty only upon a determination

by the Secretary that such individuals are skilled in performing

hazardous duty activities.

(4) SUPERVISION.—The Secretary shall ensure that an

appropriate officer or employee of the United States provides

adequate and appropriate supervision of each volunteer whose

services the Secretary accepts.

43 USC 1475b.

43 USC 1475b

note.

Department of

the Interior

Volunteer

Recruitment Act

of 2005.

43 USC 1451

note.

Dec. 7, 2005

[H.R. 584]

PUBLIC LAW 109–125—DEC. 7, 2005 119 STAT. 2545

LEGISLATIVE HISTORY—H.R. 584:

SENATE REPORTS: No. 109–156 (Comm. on Energy and Natural Resources).

CONGRESSIONAL RECORD, Vol. 151 (2005):

Mar. 14, considered and passed House.

Nov. 16, considered and passed Senate.

Æ

(c) PROVISION OF SERVICES AND COSTS.—The Secretary may

provide for services and costs incidental to the utilization of volunteers, including transportation, supplies, uniforms, lodging, subsistence (without regard to place of residence), recruiting, training,

supervision, and awards and recognition (including nominal cash

awards).

(d) FEDERAL EMPLOYMENT STATUS OF VOLUNTEERS.— (1) Except as otherwise provided in this subsection, a volunteer shall not be deemed a Federal employee and shall not

be subject to the provisions of law relating to Federal employment, including those provisions relating to hours of work,

rates of compensation, leave, unemployment compensation, and

Federal employee benefits.

(2) Volunteers shall be deemed employees of the United

States for the purposes of—

(A) the tort claims provisions of title 28, United States

Code;

(B) subchapter I of chapter 81 of title 5, United States

Code; and

(C) 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, United

States Code, shall apply.

(3) Volunteers under this Act shall be subject to chapter

11 of title 18, United States Code, unless the Secretary, with

the concurrence of the Director of the Office of Government

Ethics, determines in writing published in the Federal Register

that the provisions of that chapter, except section 201, shall

not apply to the actions of a class or classes of volunteers

who carry out only those duties or functions specified in the

determination.

Approved December 7, 2005.

Federal Register,

publication.