Pub. L. 103-82, tit. I, subtit. A, sec. 105
PUBLIC LANDS CORPS.
SEC. 105. PUBLIC LANDS CORPS. Public Law 91–378 (16 U.S.C. 1701–1706; commonly known as the Youth Conservation Corps Act of 1970) is amended— (1) by inserting before section 1 the following: “TITLE I— YOUTH CONSERVATION CORPS”; (2) by striking “Act” each place it appears and inserting “title”; (3) by redesignating sections 1 through 6 as sections 101 through 106, respectively; (4) in section 102 (as so redesignated), by inserting “in this title” after “hereinafter” in subsection (a); (5) in section 104 (as so redesignated), by striking “section 6” in subsection (d) and inserting “section 106”; and (6) by adding at the end the following new title: “TITLE II— PUBLIC LANDS CORPS “SEC. 201. SHORT TITLE. “This title may be cited as the ‘Public Lands Corps Act of 1993’. “SEC. 202. 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 107 STAT. 849work 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 title 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. “SEC. 203. DEFINITIONS. “For purposes of this title: “(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 204. “(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 107 STAT. 850Alaska Native Claims Settlement Act (43 U.S.C. 1701 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 (i)), 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) 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. “(9) 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, full-time, 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. “(10) Resource assistant.— The term ‘resource assistant’ means a resource assistant selected under section 206. “(11) 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. “SEC. 204. 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 of the Interior or the Secretary of Agriculture. To be eligible for enrollment in the Corps, an individual shall satisfy the criteria specified in section 137(b) of the National and Community Service Act of 1990. The Secretaries may enroll such individuals in the Corps without regard to the civil service and classification laws, rules, or regulations of the United States. The Secretaries 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.— The Secretary of the Interior and the Secretary of Agriculture are author-107 STAT. 851ized to enter into contracts and cooperative agreements with any qualified youth or conservation corps to perform appropriate conservation projects referred to in subsection (d). “(d) Projects To Be Carried Out.— The Secretary of the Interior and the Secretary of Agriculture may each utilize the Corps or any qualified youth or conservation corps to carry out appropriate conservation projects which such Secretary is authorized to carry out under other authority of law on public lands. Appropriate conservation projects may also be carried out under this title 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. 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.). “(e) Preference for Certain Projects.— In selecting appropriate conservation projects to be carried out under this title, the Secretary of the Interior and the Secretary of Agriculture 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 title 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. “SEC. 205. CONSERVATION CENTERS. “(a) Establishment and Use.— 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 title and to establish and use conservation centers owned and operated by such Secretary for proposes 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. “(b) Logistical Support.— The Secretary of the Interior and the Secretary of Agriculture 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 107 STAT. 852the provision of temporary tent shelters where needed, transportation, and residential supervision. “(c) Use of Military Installations.— The Secretary of the Interior and the Secretary of Agriculture 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. “SEC. 206. RESOURCE ASSISTANTS. “(a) Authorization.— The Secretary of the Interior and the Secretary of Agriculture are each authorized to provide individual placements of resource assistants with any Federal land managing agency under the jurisdiction of such 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 Secretaries may select resource assistants without regard to the civil service and classification laws, rules, or regulations of the United States. The Secretaries 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 Secretary of the Interior or the Secretary of Agriculture, appropriate recruitment and placement services to fulfill the requirements of this section, the Secretary may implement this section through such existing organizations. Participating non-profit 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. “SEC. 207. LIVING ALLOWANCES AND TERMS OF SERVICE. “(a) Living Allowances.— 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. “(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. 107 STAT. 853 “SEC. 208. 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, the participant or resource assistant shall be eligible for a national service educational award in the manner prescribed in subtitle D of such title 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 the Collection of Stafford Loans.— For purposes of section 428 of the Higher Education Act of 1965, 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. “SEC. 209. NONDISPLACEMENT. “The nondisplacement requirements of section 177 of the National and Community Service Act of 1990 shall be applicable to all activities carried out by the Public Lands Corps, to sill activities carried out under this title by a qualified youth or conservation corps, and to the selection and service of resource assistants. “SEC. 210. FUNDING. “(a) Cost Sharing.— “(1) Projects by qualified youth or conservation CORPS.— The Secretary of the Interior and the Secretary of Agriculture are each authorized to pay not more than 75 percent of the costs of any appropriate conservation project carried out pursuant to this title 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 title. “(2) Public lands corps projects.— The Secretary of the Interior and the Secretary of Agriculture are each 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 title 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 corns under this title, the Secretary of the Interior and the Secretary of Agriculture shall be eligible to apply for and receive assistance under section 121(b) of the National and Community Service Act of 1990.”.