Department of the Interior Volunteer Recruitment Act of 2005
PL 109-125 (H.R.584), enacted 12/07/2005

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 volun-
teers 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 serv-
ices 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]
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119 STAT. 2545
PUBLIC LAW 109–125—DEC. 7, 2005
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.
(c) PROVISION OF SERVICES AND COSTS.—The Secretary may
provide for services and costs incidental to the utilization of volun-
teers, including transportation, supplies, uniforms, lodging, subsist-
ence (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 volun-
teer shall not be deemed a Federal employee and shall not
be subject to the provisions of law relating to Federal employ-
ment, 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.
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