I 

108TH CONGRESS 

2D SESSION H. R. 4170 

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. 

IN THE HOUSE OF REPRESENTATIVES 

APRIL 20, 2004 

Mr. POMBO (by request) introduced the following bill; which was referred to 

the Committee on Resources 

A BILL 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Department of the In5 terior Volunteer Recruitment Act of 2004’’. 

6 SEC. 2. FINDINGS AND PURPOSE. 

7 (a) FINDINGS.—The Congress finds the following: 

8 (1) A commitment to serve our neighbors and 

9 our Nation is an essential part of the character of 
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1 the people of the United States. We have always be2 lieved in an ethic of citizenship that includes helping 

3 those in need and promoting the common good. We 

4 know this makes the United States stronger and the 

5 world better. 

6 (2) President George W. Bush has called on all 

7 Americans to serve their country for the equivalent 

8 of two years, or 4,000 hours, over a lifetime. This 

9 is a profound individual commitment and a worthy 

10 national goal. 

11 (3) The tragic events of September 11, 2001, 

12 reminded the people of the United States that, as 

13 citizens, we bear essential obligations to each other, 

14 to our country, and to history. 

15 (4) The Department of the Interior has agen16 cies with vibrant volunteer programs, such as the 

17 National Park Service, the United States Fish and 

18 Wildlife Service, and the Bureau of Land Manage19 ment. However, there are a number of agencies and 

20 offices that have no authority or incomplete author21 ity to recruit and use volunteers. 

22 (b) PURPOSE.—The purpose of this Act is to author23 ize the Secretary of the Interior to recruit and use volun24 teers to assist with, or facilitate, the programs of the Bu25 reau of Indian Affairs, the Office of Surface Mining, Rec-
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1 lamation and Enforcement, the Minerals Management 

2 Service, the United States Geological Survey, the Bureau 

3 of Reclamation, the Office of the Solicitor, and the Office 

4 of the Secretary. 

5 SEC. 3. VOLUNTEER AUTHORITY. 

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

7 recruit, train, and accept, without regard to the civil serv8 ice classification laws, rules, or regulations, the services 

9 of individuals, contributed without compensation as volun10 teers, for aiding in or facilitating the activities adminis11 tered by the Secretary through the Bureau of Indian Af12 fairs, the Office of Surface Mining Reclamation and En13 forcement, the Minerals Management Service, the United 

14 States Geological Survey, the Bureau of Reclamation, the 

15 Office of the Solicitor, and the Office of the Secretary. 

16 (b) RESTRICTIONS ON ACTIVITIES OF VOLUN17 TEERS.— 

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

19 individuals as volunteers, the Secretary shall not 

20 permit the use of volunteers in law enforcement 

21 work, in regulatory and enforcement work, in policy22 making processes, or to displace any employee. 

23 (2) PRIVATE PROPERTY.—No volunteer services 

24 authorized by this Act may be conducted on private 

25 property unless the officer or employee charged with 
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1 supervising the volunteer obtains appropriate con2 sent to enter the property from the property owner. 

3 (3) HAZARDOUS DUTY.—The Secretary may ac4 cept the services of individuals in hazardous duty 

5 only upon a determination by the Secretary that 

6 such individuals are skilled in performing hazardous 

7 duty activities. 

8 (4) SUPERVISION.—The Secretary shall ensure 

9 that an appropriate officer or employee of the 

10 United States provides adequate and appropriate su11 pervision of each volunteer whose services the Sec12 retary accepts. 

13 (c) PROVISION OF SERVICES AND COSTS.—The Sec14 retary may provide for services and costs incidental to the 

15 utilization of volunteers, including transportation, sup16 plies, uniforms, lodging, subsistence (without regard to 

17 place of residence), recruiting, training, supervision, and 

18 awards and recognition (including nominal cash awards). 

19 (d) FEDERAL EMPLOYMENT STATUS OF VOLUN20 TEERS.— 

21 (1) Except as otherwise provided in this sub22 section, a volunteer shall not be deemed a Federal 

23 employee and shall not be subject to the provisions 

24 of law relating to Federal employment, including 

25 those provisions relating to hours of work, rates of 
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1 compensation, leave, unemployment compensation, 

2 and Federal employee benefits. 

3 (2) Volunteers shall be deemed employees of the 

4 United States for the purposes of— 

5 (A) the tort claims provisions of title 28, 

6 United States Code; 

7 (B) subchapter I of chapter 81 of title 5, 

8 United States Code; and 

9 (C) claims relating to damage to, or loss 

10 of, personal property of a volunteer incident to 

11 volunteer service, in which case the provisions 

12 of section 3721 of title 31, United States Code, 

13 shall apply. 

14 (3) Volunteers under this Act will be subject to 

15 chapter 11 of title 18, United States Code, unless 

16 the Secretary, with the concurrence of the Director 

17 of the Office of Government Ethics, determines in 

18 writing published in the Federal Register that the 

19 provisions of that chapter, except section 201, will 

20 not apply to the actions of a class or classes of vol21 unteers who carry out only those duties or functions 

22 specified in the determination. 

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