16 U.S.C. 558 a-d – Volunteers in the National Forests Program

Page 963

§ 558a

TITLE 16—CONSERVATION

through the use of nonmonetary items of nominal value and to provide nonmonetary awards of
nominal value and to incur necessary expenses
for the nonmonetary recognition of private individuals and organizations that make contributions to Forest Service programs.
(Pub. L. 105–277, div. A, § 101(e) [title II], Oct. 21,
1998, 112 Stat. 2681–231, 2681–272.)
SIMILAR PROVISIONS
Provisions similar to this section were contained in
the following prior appropriation acts:
Pub. L. 105–83, title II, Nov. 14, 1997, 111 Stat. 1576.
Pub. L. 104–208, div. A, title I, § 101(d) [title II], Sept.
30, 1996, 110 Stat. 3009–181, 3009–208.
Pub. L. 104–134, title I, § 101(c) [title II], Apr. 26, 1996,
110 Stat. 1321–156, 1321–184; renumbered title I, Pub. L.
104–140, § 1(a), May 2, 1996, 110 Stat. 1327.
Pub. L. 103–332, title II, Sept. 30, 1994, 108 Stat. 2524.
Pub. L. 103–138, title II, Nov. 11, 1993, 107 Stat. 1403.
Pub. L. 102–381, title II, Oct. 5, 1992, 106 Stat. 1401.
Pub. L. 102–154, title II, Nov. 13, 1991, 105 Stat. 1017.
Pub. L. 101–512, title II, Nov. 5, 1990, 104 Stat. 1942.
Pub. L. 101–121, title II, Oct. 23, 1989, 103 Stat. 726.

such employees to hospitals or other places
where medical assistance is available, and in
case of death to remove the bodies of deceased
employees to the nearest place where they can
be prepared for shipment or for burial: Provided,
That when a transient without permanent residence, or any other person while away from his
place of residence, is temporarily employed by
the Forest Service and while so employed becomes disabled because of injury or illness not
attributable to official work, he may be provided hospitalization and other necessary medical care, subsistence, and lodging for a period of
not to exceed fifteen days during such disability,
the cost thereof to be payable from any funds
available to the Forest Service applicable to the
work for which such person is employed.
(Mar. 3, 1925, ch. 457, §§ 4, 6, 43 Stat. 1133; Apr. 24,
1950, ch. 97, § 15, 64 Stat. 86.)
AMENDMENTS
1950—Act Apr. 24, 1950, inserted proviso to provide
medical care for temporary employees.

§ 556i. Transfer of funds made available to Forest
Service

§ 557a. Field season contracts; authority to make
prior to appropriation

None of the funds made available to the Forest
Service in this Act or any other Act with respect to any fiscal year shall be subject to transfer under the provisions of section 2257 of title 7,
section 7772 of title 7, or section 8316(b) of title
7.

The Secretary of Agriculture is hereafter authorized, in connection with the administration
of the national forests, to enter into contracts
for the procurement of services, materials, and
supplies for the ensuing fiscal year, prior to the
passage of an appropriation therefor: Provided,
That such contracts shall aliquot the cost for
such service by fiscal years and shall not be
binding on the United States as to that part for
the ensuing year unless and until an appropriation applicable to the payment thereof is made:
And provided further, That all such contracts
shall by their terms provide that the obligation
of the United States is contingent upon the passage of an applicable appropriation and that no
payment thereunder will be made until such appropriation becomes available for expenditure.

(Pub. L. 114–113, div. G, title III, Dec. 18, 2015, 129
Stat. 2563.)
REFERENCES IN TEXT
Section 8316(b) of title 7, referred to in text, was in
the original ‘‘section 10417(b) of Public Law 107–107 (7
U.S.C. 8316(b))’’ which was translated as meaning section 10417(b) of Pub. L. 107–171 to reflect the probable
intent of Congress.
SIMILAR PROVISIONS
Provisions similar to this section were contained in
the following prior appropriation acts:
Pub. L. 113–235, div. F, title III, Dec. 16, 2014, 128 Stat.
2432.
Pub. L. 113–76, div. G, title III, Jan. 17, 2014, 128 Stat.
326.
Pub. L. 112–74, div. E, title III, Dec. 23, 2011, 125 Stat.
1025.
Pub. L. 111–88, div. A, title III, Oct. 30, 2009, 123 Stat.
2944.
Pub. L. 111–8, div. E, title III, Mar. 11, 2009, 123 Stat.
733.
Pub. L. 110–161, div. F, title III, Dec. 26, 2007, 121 Stat.
2133.

§ 557. Employees of Forest Service; subsistence
furnished to; personal equipment; supplies,
and medical attention
The Secretary of Agriculture is authorized to
furnish subsistence to employees of the Forest
Service, to purchase personal equipment and
supplies for them, and to make deductions
therefor from moneys appropriated for salary
payments or otherwise due such employees. He
is also authorized, in his discretion, to provide
out of moneys appropriated for the general expenses of the Forest Service medical attention
for employees of the Forest Service located at
isolated situations, including the moving of

(June 30, 1932, ch. 331, 47 Stat. 473.)
§ 557b. Omitted
CODIFICATION
Section, act June 16, 1955, ch. 147, title II, § 202, 69
Stat. 156, which related to employment of aliens in the
Forest Service, was enacted as part of the Department
of the Interior and Related Agencies Appropriation
Act, 1956, and was not repeated in the Department of
the Interior and Related Agencies Appropriation Act,
1957 (approved June 13, 1956, ch. 380, 70 Stat. 257), or subsequent appropriation acts.

§ 558. Repealed. Pub. L. 89–554, § 8(a), Sept. 6,
1966, 80 Stat. 642
Section, act Mar. 4, 1913, ch. 145, § 1[part], 37 Stat. 843,
related to leaves of absence to employees of Forest
Service in Alaska.

§ 558a. Volunteers in the National Forests Program
The Secretary of Agriculture (hereinafter referred to as the ‘‘Secretary’’) is authorized to recruit, train, and accept without regard to the
civil service 1 classification laws, rules, or regu1 So in original. The word ‘‘and’’ probably should appear after
‘‘civil service’’.

§ 558b

TITLE 16—CONSERVATION

lations the services of individuals without compensation as volunteers for or in aid of interpretive functions, visitor services, conservation
measures and development, or other activities
in and related to areas administered by the Secretary through the Forest Service. In carrying
out this section, the Secretary shall consider referrals of prospective volunteers made by the
Corporation for National and Community Service.
(Pub. L. 92–300, § 1, May 18, 1972, 86 Stat. 147; Pub.
L. 103–82, title IV, § 405(d), Sept. 21, 1993, 107 Stat.
921.)
AMENDMENTS
1993—Pub. L. 103–82 substituted ‘‘the Corporation for
National and Community Service’’ for ‘‘ACTION’’.
EFFECTIVE DATE OF 1993 AMENDMENT
Amendment by Pub. L. 103–82 effective Apr. 4, 1994,
see section 406(b) of Pub. L. 103–82, set out as a note
under section 8332 of Title 5, Government Organization
and Employees.
SHORT TITLE
Pub. L. 92–300, § 5, May 18, 1972, 86 Stat. 147, provided
that: ‘‘This Act [enacting this section and sections 558b
to 558d of this title] may be cited as the ‘Volunteers in
the National Forests Act of 1972’.’’

§ 558b. Incidental expenses of program volunteers
The Secretary is authorized to provide for incidental expenses, such as transportation, uniforms, lodging, and subsistence.
(Pub. L. 92–300, § 2, May 18, 1972, 86 Stat. 147.)
§ 558c. Employment status of volunteers
(a) Federal employee status
Except as otherwise provided in this section, 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 relating to hours of work, rates of
compensation, leave, unemployment compensation, and Federal employee benefits.
(b) Tort claims
For the purpose of the tort claim provisions of
title 28, a volunteer under sections 558a to 558d
of this title shall be considered a Federal employee.
(c) Civil employees
For the purposes of subchapter I of chapter 81
of title 5, relating to compensation to Federal
employees for work injuries, volunteers under
sections 558a to 558d of this title shall be deemed
civil employees of the United States within the
meaning of the term ‘‘employee’’ as defined in
section 8101 of title 5, and the provisions of that
subchapter shall apply.
(d) Compensation for losses and damages
For the purposes of claims relating to damage
to, or loss of, personal property of a volunteer
incident to volunteer service, a volunteer under
sections 558a to 558d of this title shall be considered a Federal employee, and the provisions of
section 3721 of title 31 shall apply.

Page 964

(e) Volunteers recruited and supervised by cooperators
For the purposes of subsections (b), (c), and
(d), the term ‘‘volunteer’’ includes a person providing volunteer services to the Secretary who—
(1) is recruited, trained, and supported by a
cooperator under a mutual benefit agreement
with the Secretary; and
(2) performs such volunteer services under
the supervision of the cooperator as directed
by the Secretary in the mutual benefit agreement, including direction that specifies—
(A) the volunteer services to be performed
by the volunteers and the supervision to be
provided by the cooperator;
(B) the applicable project safety standards
and protocols to be adhered to by the volunteers and enforced by the cooperator; and
(C) the on-site visits to be made by the
Secretary, when feasible, to verify that volunteers are performing the volunteer services and the cooperator is providing the supervision agreed upon.
(Pub. L. 92–300, § 3, May 18, 1972, 86 Stat. 147; Pub.
L. 101–286, title II, § 204(a), May 9, 1990, 104 Stat.
175; Pub. L. 114–245, § 4(d)(1), Nov. 28, 2016, 130
Stat. 992.)
AMENDMENTS
2016—Subsec. (e). Pub. L. 114–245 added subsec. (e).
1990—Subsec. (d). Pub. L. 101–286 added subsec. (d).

§ 558d. Authorization of appropriations
There are authorized to be appropriated such
sums as may be necessary to carry out the provisions of sections 558a to 558d of this title.
(Pub. L. 92–300, § 4, May 18, 1972, 86 Stat. 147; Pub.
L. 95–289, § 1, June 5, 1978, 92 Stat. 289.)
AMENDMENTS
1978—Pub. L. 95–289 struck out limitation requiring
not more than $100,000 to be appropriated in any one
year.
EFFECTIVE DATE OF 1978 AMENDMENT
Pub. L. 95–289, § 2, June 5, 1978, 92 Stat. 289, provided
that: ‘‘The amendment made by this Act to the Volunteers in the National Forests Act of 1972 [amending this
section] shall become effective October 1, 1978.’’

§ 559. Arrests by employees of Forest Service for
violations of laws and regulations
All persons employed in the Forest Service of
the United States shall have authority to make
arrests for the violation of the laws and regulations relating to the national forests, and any
person so arrested shall be taken before the
nearest United States magistrate judge, within
whose jurisdiction the forest is located, for trial;
and upon sworn information by any competent
person any United States magistrate judge in
the proper jurisdiction shall issue process for
the arrest of any person charged with the violation of said laws and regulations; but nothing
herein contained shall be construed as preventing the arrest by any officer of the United
States, without process, of any person taken in
the act of violating said laws and regulations.
(Mar. 3, 1905, ch. 1405, 33 Stat. 873; Pub. L. 90–578,
title IV, § 402(b)(2), Oct. 17, 1968, 82 Stat. 1118;