16 USC 1721 - Public Land Corp Act

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§ 1722

TITLE 16—CONSERVATION

shall be made available for grants under this
section for such fiscal year.
(Pub. L. 91–378, title I, § 104, formerly § 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, § 104, and amended Pub.
L. 103–82, title I, § 105(1), (3), (5), Sept. 21, 1993, 107
Stat. 848.)
AMENDMENTS
1993—Subsec. (d). Pub. L. 103–82, § 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.
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.

§ 1705. Repealed. Pub. L. 104–333, div. I, title VIII,
§ 814(d)(1)(N), Nov. 12, 1996, 110 Stat. 4196
Section, Pub. L. 91–378, title I, § 105, formerly § 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, § 105, and amended Pub. L. 103–82, title I,
§ 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.

§ 1706. Authorization of appropriations
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.
(Pub. L. 91–378, title I, § 106, formerly § 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, § 106, and amended Pub.
L. 103–82, title I, § 105(1)–(3), Sept. 21, 1993, 107
Stat. 848.)

SUBCHAPTER II—PUBLIC LANDS CORPS
§ 1721. Congressional findings and purpose
(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.
(Pub. L. 91–378, title II, § 202, as added Pub. L.
103–82, title I, § 105(6), Sept. 21, 1993, 107 Stat.
848.)

AMENDMENTS

EFFECTIVE DATE

1993—Pub. L. 103–82, § 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.

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.

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.

SHORT TITLE
For short title of title II of Pub. L. 91–378, as added
by Pub. L. 103–82, title I, § 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.

§ 1722. Definitions
For purposes of this subchapter:

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TITLE 16—CONSERVATION

(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) 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:

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(A) To reduce wildfire risk to a community, municipal water supply, or other atrisk Federal land.
(B) To protect a watershed or address a
threat to forest and rangeland health, including catastrophic wildfire.
(C) To address the impact of insect or disease infestations 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
endangered species;
(ii) improve biological diversity; or
(iii) enhance productivity and carbon sequestration.
(9) 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.
(10) 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, fulltime, 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.
(11) Resource assistant
The term ‘‘resource assistant’’ means a resource assistant selected under section 1725 of
this title.
(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.
(13) 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.
(Pub. L. 91–378, title II, § 203, as added Pub. L.
103–82, title I, § 105(6), Sept. 21, 1993, 107 Stat. 849;
amended Pub. L. 109–154, § 2(a), Dec. 30, 2005, 119
Stat. 2890.)
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.

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TITLE 16—CONSERVATION

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 (§ 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.
The Healthy Forests Restoration Act of 2003, referred
to in par. (8), is Pub. L. 108–148, Dec. 3, 2003, 117 Stat.
1887, which is classified principally to chapter 84 (§ 6501
et seq.) of this title. For complete classification of this
Act to the Code, see Short Title note set out under section 6501 of this title and Tables.
AMENDMENTS
2005—Pars. (8) to (13). Pub. L. 109–154 added pars. (8)
and (12) and redesignated former pars. (8) to (11) as
pars. (9) to (11) and (13), respectively.

§ 1723. Public Lands Corps program
(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.
To be eligible for enrollment in the Corps, an individual shall satisfy the criteria specified in
section 12591(b) of title 42. The Secretary may
enroll such individuals in the Corps without regard to the civil service and classification laws,
rules, or regulations of the United States. The
Secretary 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
(1) In general
The Secretary is 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.
(2) Preference
(A) In general
For purposes of entering into contracts
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 maximum extent practicable, give preference to
qualified youth or conservation corps located in that specific area that have a substantial portion of members who are economically, physically, or educationally disadvantaged.
(d) Projects to be carried out
(1) In general
The Secretary may utilize the Corps or any
qualified youth or conservation corps to carry

out appropriate conservation projects which
the Secretary is authorized to carry out under
other authority of law on public lands.
(2) Projects on Indian 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.
(3) Disaster prevention or relief projects
The Secretary 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.
(e) Preference for certain projects
In selecting appropriate conservation projects
to be carried out under this subchapter, the Secretary 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.
(Pub. L. 91–378, title II, § 204, as added Pub. L.
103–82, title I, § 105(6), Sept. 21, 1993, 107 Stat. 850;
amended Pub. L. 109–154, § 2(b), (c), (g)(1), Dec. 30,
2005, 119 Stat. 2891, 2893.)
AMENDMENTS
2005—Subsec. (b). Pub. L. 109–154, § 2(g)(1)(A), substituted ‘‘Corps by the Secretary’’ for ‘‘Corps by the
Secretary of the Interior or the Secretary of Agriculture’’ and ‘‘Secretary may’’ for ‘‘Secretaries may’’
in two places.
Subsec. (c). Pub. L. 109–154, § 2(b), designated existing
provisions as par. (1), inserted heading, substituted
‘‘The Secretary is’’ for ‘‘The Secretary of the Interior
and the Secretary of Agriculture are’’, and added par.
(2).
Subsec. (d). Pub. L. 109–154, § 2(c), designated first sentence as par. (1), inserted heading, and substituted
‘‘The Secretary may’’ for ‘‘The Secretary of the Interior and the Secretary of Agriculture may each’’ and
‘‘the Secretary’’ for ‘‘such Secretary’’, designated second sentence as par. (2) and inserted heading, added
par. (3), and struck out former third sentence which
read ‘‘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.).’’

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Subsec. (e). Pub. L. 109–154, § 2(g)(1)(B), substituted
‘‘Secretary’’ for ‘‘Secretary of the Interior and the Secretary of Agriculture’’ in introductory provisions.

§ 1724. Conservation centers and program support
(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 subchapter.
(2) Assistance for conservation centers
The Secretary may provide to a conservation center established under paragraph (1)
any services, facilities, equipment, and supplies that the Secretary determines to be necessary for the conservation center.
(3) Standards for conservation centers
The Secretary shall—
(A) establish basic standards of health, nutrition, sanitation, 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.
(b) Logistical support
The Secretary 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 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.
(d) Assistance
The Secretary may provide any services, facilities, equipment, supplies, technical assistance, oversight, monitoring, or evaluations that
are appropriate to carry out this subchapter.
(Pub. L. 91–378, title II, § 205, as added Pub. L.
103–82, title I, § 105(6), Sept. 21, 1993, 107 Stat. 851;
amended Pub. L. 109–154, § 2(d), (g)(2), Dec. 30,
2005, 119 Stat. 2891, 2893.)
AMENDMENTS
2005—Pub. L. 109–154, § 2(d)(1), inserted ‘‘and program
support’’ after ‘‘Conservation centers’’ in section catchline.

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Subsec. (a). Pub. L. 109–154, § 2(d)(2), added subsec. (a)
and struck out heading and text of former subsec. (a).
Text read as follows: ‘‘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.’’
Subsec. (b). Pub. L. 109–154, § 2(g)(2)(A), substituted
‘‘Secretary may’’ for ‘‘Secretary of the Interior and the
Secretary of Agriculture may’’.
Subsec. (c). Pub. L. 109–154, § 2(g)(2)(B), substituted
‘‘Secretary may’’ for ‘‘Secretary of the Interior and the
Secretary of Agriculture may’’.
Subsec. (d). Pub. L. 109–154, § 2(d)(3), added subsec. (d).

§ 1725. Resource assistants
(a) Authorization
The Secretary is authorized to provide individual placements of resource assistants with any
Federal land managing agency under the jurisdiction of the 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 Secretary may select resource assistants without regard to the civil service and
classification laws, rules, or regulations of the
United States. The Secretary 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
the 1 Secretary, 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.
(Pub. L. 91–378, title II, § 206, as added Pub. L.
103–82, title I, § 105(6), Sept. 21, 1993, 107 Stat. 852;
1 So

in original.

Page 1861

amended Pub. L. 109–154, § 2(g)(3), Dec. 30, 2005,
119 Stat. 2893.)
AMENDMENTS
2005—Subsec. (a). Pub. L. 109–154, § 2(g)(3)(A), substituted ‘‘Secretary is’’ for ‘‘Secretary of the Interior
and the Secretary of Agriculture are each’’, ‘‘the Secretary to carry out’’ for ‘‘such Secretary to carry out’’,
‘‘Secretary may’’ for ‘‘Secretaries may’’, and ‘‘Secretary shall’’ for ‘‘Secretaries shall’’.
Subsec. (b). Pub. L. 109–154, § 2(g)(3)(B), substituted
‘‘the Secretary, appropriate’’ for ‘‘Secretary of the Interior or the Secretary of Agriculture, appropriate’’.

§ 1725a. Direct hire authority
(1) During fiscal year 2012 and thereafter, the
Secretary of the Interior may appoint, without
regard to the provisions of subchapter I of chapter 33 of title 5, other than sections 3303 and 3328
of such title, a qualified candidate described in
paragraph (1) 1 directly to a position with a land
managing agency of the Department of the Interior for which the candidate meets Office of Personnel Management qualification standards.
(2) Paragraph (1) applies with respect to a
former resource assistant (as defined in section
1722 of this title) who—
(A) completed a rigorous undergraduate or
graduate summer internship with a land managing agency, such as the National Park Service Business Plan Internship;
(B) successfully fulfilled the requirements of
the internship program; and
(C) subsequently earned an undergraduate or
graduate degree from an accredited institution
of higher education.
(3) The direct hire authority under this section
may not be exercised with respect to a specific
qualified candidate after the end of the two-year
period beginning on the date on which the candidate completed the undergraduate or graduate
degree, as the case may be.
(Pub. L. 112–74, div. E, title I, § 121(a), Dec. 23,
2011, 125 Stat. 1012.)
CODIFICATION
Section was enacted as part of the Department of the
Interior, Environment, and Related Agencies Appropriations Act, 2012, and also as part of the Consolidated
Appropriations Act, 2012, and not as part of the Public
Lands Corps Act of 1993 which comprises this subchapter.

§ 1726. Living allowances and terms of service
(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.
(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.
(c) Hiring
The Secretary may—
1 So

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TITLE 16—CONSERVATION

in original. Probably should be ‘‘paragraph (2)’’.

(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.
(Pub. L. 91–378, title II, § 207, as added Pub. L.
103–82, title I, § 105(6), Sept. 21, 1993, 107 Stat. 852;
amended Pub. L. 109–154, § 2(e), Dec. 30, 2005, 119
Stat. 2892.)
AMENDMENTS
2005—Subsec. (a). Pub. L. 109–154, § 2(e)(1), added subsec. (a) and struck out heading and text of former subsec. (a). Text read as follows: ‘‘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 for participants in a national service program assisted under subtitle C of title I of such
Act.’’
Subsec. (c). Pub. L. 109–154, § 2(e)(2), added subsec. (c).

§ 1727. National service educational awards
(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.
(Pub. L. 91–378, title II, § 208, as added Pub. L.
103–82, title I, § 105(6), Sept. 21, 1993, 107 Stat.
853.)
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 (§ 12571
et seq.) and D (§ 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.

§ 1728. Nondisplacement
The nondisplacement requirements of section
12637 of title 42 shall be applicable to all activi-

§ 1729

TITLE 16—CONSERVATION

ties 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.
(Pub. L. 91–378, title II, § 209, as added Pub. L.
103–82, title I, § 105(6), Sept. 21, 1993, 107 Stat.
853.)
§ 1729. Funding
(a) Cost sharing
(1) Projects by qualified youth or conservation
corps
The Secretary is 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 is 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 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)].
(c) Other funds
Amounts appropriated pursuant to the authorization of appropriations under section 1730 of
this title are in addition to amounts allocated
to the Public Lands Corps through other Federal
programs or projects.
(Pub. L. 91–378, title II, § 210, as added Pub. L.
103–82, title I, § 105(6), Sept. 21, 1993, 107 Stat. 853;
amended Pub. L. 109–154, § 2(f)(1), (g)(4), Dec. 30,
2005, 119 Stat. 2892, 2893.)
AMENDMENTS
2005—Subsec. (a). Pub. L. 109–154, § 2(g)(4)(A), substituted ‘‘Secretary is’’ for ‘‘Secretary of the Interior
and the Secretary of Agriculture are each’’ in pars. (1)
and (2).
Subsec. (b). Pub. L. 109–154, § 2(g)(4)(B), substituted
‘‘Secretary’’ for ‘‘Secretary of the Interior and the Secretary of Agriculture’’.
Subsec. (c). Pub. L. 109–154, § 2(f)(1), added subsec. (c).

§ 1730. Authorization of appropriations
(a) In general
There is authorized to be appropriated to
carry out this subchapter $12,000,000 for each fis-

Page 1862

cal 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
Notwithstanding subsection (a) of this section,
any amounts made available under that subsection shall be available for disaster prevention
or relief projects.
(c) Availability of funds
Notwithstanding any other provision of law,
amounts 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 the amounts are appropriated.
(Pub. L. 91–378, title II, § 211, as added Pub. L.
109–154, § 2(f)(2), Dec. 30, 2005, 119 Stat. 2892.)
CHAPTER 38—FISHERY CONSERVATION AND
MANAGEMENT
SUBCHAPTER I—GENERALLY
Sec.

1801.
1802.
1803.

Findings, purposes and policy.
Definitions.
Authorization of appropriations.

SUBCHAPTER II—UNITED STATES RIGHTS AND
AUTHORITY REGARDING FISH AND FISHERY
RESOURCES
1811.

United States sovereign rights to fish and
fishery management authority.
Highly migratory species.
Omitted.

1812.
1813.

SUBCHAPTER III—FOREIGN FISHING AND
INTERNATIONAL FISHERY AGREEMENTS
1821.
1822.
1823.
1824.
1825.
1826.
1826a.
1826b.
1826c.
1826d.
1826e.
1826f.
1826g.
1826h.
1826i.
1826j.
1826k.
1827.
1827a.
1828.
1829.

Foreign fishing.
International fishery agreements.
Congressional oversight of international fishery agreements.
Permits for foreign fishing.
Import prohibitions.
Large-scale driftnet fishing.
Denial of port privileges and sanctions for
high seas large-scale driftnet fishing.
Duration of denial of port privileges and sanctions.
Definitions.
Prohibition.
Negotiations.
Certification.
Enforcement.
Biennial report on international compliance.
Action to strengthen international fishery
management organizations.
Illegal, unreported, or unregulated fishing.
Equivalent conservation measures.
Observer program regarding certain foreign
fishing.
Prohibition on sale of billfish.
Foreign fishing incursions.
International monitoring and compliance.
SUBCHAPTER IV—NATIONAL FISHERY
MANAGEMENT PROGRAM

1851.
1852.
1853.
1853a.
1854.
1855.
1856.

National standards for fishery conservation
and management.
Regional Fishery Management Councils.
Contents of fishery management plans.
Limited access privilege programs.
Action by Secretary.
Other requirements and authority.
State jurisdiction.