Public Lands Corps Healthy Forests Restoration Act of 2005
PL 109-154 (S.1238), enacted 12/30/2005

119 STAT. 2890
PUBLIC LAW 109–154—DEC. 30, 2005
Public Law 109–154
109th Congress
An Act
To amend the Public Lands Corps Act of 1993 to provide for the conduct of projects
that protect forests, and for other purposes.
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 ‘‘Public Lands Corps Healthy
Forests Restoration Act of 2005’’.
SEC. 2. AMENDMENTS TO THE PUBLIC LANDS CORPS ACT OF 1993.
(a) DEFINITIONS.—Section 203 of the Public Lands Corps Act
of 1993 (16 U.S.C. 1722) is amended—
(1) by redesignating paragraphs (8), (9), (10), and (11)
as paragraphs (9), (10), (11), and (13), respectively;
(2) by inserting after paragraph (7) the following:
‘‘(8) PRIORITY PROJECT.—The term ‘priority project’ means
an appropriate conservation project conducted on eligible
service lands to further 1 or more of the purposes of the
Healthy Forests Restoration Act of 2003 (16 U.S.C. 6501 et
seq.), as follows:
‘‘(A) To reduce wildfire risk to a community, municipal
water supply, or other at-risk Federal land.
‘‘(B) To protect a watershed or address a threat to
forest and rangeland health, including catastrophic wild-
fire.
‘‘(C) To address the impact of insect or disease infesta-
tions or other damaging agents on forest and rangeland
health.
‘‘(D) To protect, restore, or enhance forest ecosystem
components to—
‘‘(i) promote the recovery of threatened or endan-
gered species;
‘‘(ii) improve biological diversity; or
‘‘(iii) enhance productivity and carbon sequestra-
tion.’’; and
(3) by inserting after paragraph (11) (as redesignated by
paragraph (1)) the following:
‘‘(12) SECRETARY.—The term ‘Secretary’ means—
‘‘(A) with respect to National Forest System land, the
Secretary of Agriculture; and
‘‘(B) with respect to Indian lands, Hawaiian home
lands, or land administered by the Department of the
Interior, the Secretary of the Interior.’’.
16 USC 1701
note.
Public Lands
Corps Healthy
Forests
Restoration Act
of 2005.
Dec. 30, 2005
[S. 1238]
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119 STAT. 2891
PUBLIC LAW 109–154—DEC. 30, 2005
(b) QUALIFIED YOUTH OR CONSERVATION CORPS.—Section 204(c)
of the Public Lands Corps Act of 1993 (16 U.S.C. 1723(c)) is
amended—
(1) by striking ‘‘The Secretary of the Interior and the Sec-
retary of Agriculture are’’ and inserting the following:
‘‘(1) IN GENERAL.—The Secretary is’’; and
(2) by adding at the end the following:
‘‘(2) PREFERENCE.—
‘‘(A) IN GENERAL.—For purposes of entering into con-
tracts 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 max-
imum extent practicable, give preference to qualified youth
or conservation corps located in that specific area that
have a substantial portion of members who are economi-
cally, physically, or educationally disadvantaged.’’.
(c) CONSERVATION PROJECTS.—Section 204(d) of the Public
Lands Corps Act of 1993 (16 U.S.C. 1723(d)) is amended—
(1) in the first sentence—
(A) by striking ‘‘The Secretary of the Interior and the
Secretary of Agriculture may each’’ and inserting the fol-
lowing:
‘‘(1) IN GENERAL.—The Secretary may’’; and
(B) by striking ‘‘such Secretary’’ and inserting ‘‘the
Secretary’’;
(2) in the second sentence, by striking ‘‘Appropriate con-
servation’’ and inserting the following:
‘‘(2) PROJECTS ON INDIAN LANDS.—Appropriate conserva-
tion’’; and
(3) by striking the third sentence and inserting the fol-
lowing:
‘‘(3) DISASTER PREVENTION OR RELIEF PROJECTS.—The Sec-
retary 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.’’.
(d) CONSERVATION CENTERS AND PROGRAM SUPPORT.—Section
205 of the Public Lands Corps Act of 1993 (16 U.S.C. 1724) is
amended—
(1) by striking the heading and inserting the following:
‘‘SEC. 205. CONSERVATION CENTERS AND PROGRAM SUPPORT.’’;
(2) by striking subsection (a) and inserting the following:
‘‘(a) ESTABLISHMENT AND USE.—
‘‘(1) IN GENERAL.—The Secretary may establish and use
conservation centers owned and operated by the Secretary for—
‘‘(A) use by the Public Lands Corps; and
‘‘(B) the conduct of appropriate conservation projects
under this title.
‘‘(2) ASSISTANCE
FOR
CONSERVATION
CENTERS.—The Sec-
retary may provide to a conservation center established under
paragraph (1) any services, facilities, equipment, and supplies
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that the Secretary determines to be necessary for the conserva-
tion center.
‘‘(3) STANDARDS
FOR
CONSERVATION
CENTERS.—The Sec-
retary shall—
‘‘(A) establish basic standards of health, nutrition, sani-
tation, and safety for all conservation centers established
under paragraph (1); and
‘‘(B) ensure that the standards established under
subparagraph (A) are enforced.
‘‘(4) MANAGEMENT.—As the Secretary determines to be
appropriate, the Secretary may enter into a contract or other
appropriate arrangement with a State or local government
agency or private organization to provide for the management
of a conservation center.’’; and
(3) by adding at the end the following:
‘‘(d) ASSISTANCE.—The Secretary may provide any services,
facilities, equipment, supplies, technical assistance, oversight, moni-
toring, or evaluations that are appropriate to carry out this title.’’.
(e) LIVING ALLOWANCES AND TERMS OF SERVICE.—Section 207
of the Public Lands Corps Act of 1993 (16 U.S.C. 1726) is amended—
(1) by striking subsection (a) and inserting the following:
‘‘(a) LIVING ALLOWANCES.—The Secretary shall provide each
participant in the Public Lands Corps and each resource assistant
with a living allowance in an amount established by the Secretary.’’;
and
(2) by adding at the end the following:
‘‘(c) HIRING.—The Secretary may—
‘‘(1) grant to a member of the Public Lands Corps credit
for time served with the Public Lands Corps, which may be
used toward future Federal hiring; and
‘‘(2) provide to a former member of the Public Lands Corps
noncompetitive hiring status for a period of not more than
120 days after the date on which the member’s service with
the Public Lands Corps is complete.’’.
(f) FUNDING.—The Public Lands Corps Act of 1993 is amended—
(1) in section 210 (16 U.S.C. 1729), by adding at the end
the following:
‘‘(c) OTHER FUNDS.—Amounts appropriated pursuant to the
authorization of appropriations under section 211 are in addition
to amounts allocated to the Public Lands Corps through other
Federal programs or projects.’’; and
(2) by inserting after section 210 the following:
‘‘SEC. 211. AUTHORIZATION OF APPROPRIATIONS.
‘‘(a) IN GENERAL.—There is authorized to be appropriated to
carry out this title $12,000,000 for each fiscal year, of which
$8,000,000 is authorized to carry out priority projects and
$4,000,000 of which is authorized to carry out other appropriate
conservation projects.
‘‘(b) DISASTER RELIEF
OR PREVENTION PROJECTS.—Notwith-
standing subsection (a), any amounts made available under that
subsection shall be available for disaster prevention or relief
projects.
‘‘(c) AVAILABILITY OF FUNDS.—Notwithstanding any other provi-
sion of law, amounts appropriated for any fiscal year to carry
out this title shall remain available for obligation and expenditure
16 USC 1730.
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119 STAT. 2893
PUBLIC LAW 109–154—DEC. 30, 2005
until the end of the fiscal year following the fiscal year for which
the amounts are appropriated.’’.
(g) CONFORMING AMENDMENTS.—The Public Lands Corps Act
of 1993 is amended—
(1) in section 204 (16 U.S.C. 1723)—
(A) in subsection (b)—
(i) in the first sentence, by striking ‘‘Secretary
of the Interior or the Secretary of Agriculture’’ and
inserting ‘‘Secretary’’;
(ii) in the third sentence, by striking ‘‘Secretaries’’
and inserting ‘‘Secretary’’; and
(iii) in the fourth sentence, by striking ‘‘Secre-
taries’’ and inserting ‘‘Secretary’’; and
(B) in subsection (e), by striking ‘‘Secretary of the
Interior and the Secretary of Agriculture’’ and inserting
‘‘Secretary’’;
(2) in section 205 (16 U.S.C. 1724)—
(A) in subsection (b), by striking ‘‘Secretary of the
Interior and the Secretary of Agriculture’’ and inserting
‘‘Secretary’’; and
(B) in subsection (c), by striking ‘‘Secretary of the
Interior and the Secretary of Agriculture’’ and inserting
‘‘Secretary’’;
(3) in section 206 (16 U.S.C. 1725)—
(A) in subsection (a)—
(i) in the first sentence—
(I) by striking ‘‘Secretary of the Interior and
the Secretary of Agriculture are each’’ and
inserting ‘‘Secretary is’’; and
(II) by striking ‘‘such Secretary’’ and inserting
‘‘the Secretary’’;
(ii) in the third sentence, by striking ‘‘Secretaries’’
and inserting ‘‘Secretary’’; and
(iii) in the fourth sentence, by striking ‘‘Secre-
taries’’ and inserting ‘‘Secretary’’; and
(B) in the first sentence of subsection (b), by striking
‘‘Secretary of the Interior or the Secretary of Agriculture’’
and inserting ‘‘the Secretary’’; and
(4) in section 210 (16 U.S.C. 1729)—
(A) in subsection (a)—
(i) in paragraph (1), by striking ‘‘Secretary of the
Interior and the Secretary of Agriculture are each’’
and inserting ‘‘Secretary is’’; and
(ii) in paragraph (2), by striking ‘‘Secretary of the
Interior and the Secretary of Agriculture are each’’
and inserting ‘‘Secretary is’’; and
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119 STAT. 2894
PUBLIC LAW 109–154—DEC. 30, 2005
LEGISLATIVE HISTORY—S. 1238 (H.R. 2875):
HOUSE REPORTS: No. 109–273, Pt. 1 accompanying H.R. 2875 (Comm. on Re-
sources).
SENATE REPORTS: No. 109–152 (Comm. on Energy and Natural Resources).
CONGRESSIONAL RECORD, Vol. 151 (2005):
Nov. 16, considered and passed Senate.
Dec. 18, considered and passed House.
(B) in subsection (b), by striking ‘‘Secretary of the
Interior and the Secretary of Agriculture’’ and inserting
‘‘Secretary’’.
Approved December 30, 2005.
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