§ 1737. — Implementation provisions.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 43USC1737]
TITLE 43--PUBLIC LANDS
CHAPTER 35--FEDERAL LAND POLICY AND MANAGEMENT
SUBCHAPTER III--ADMINISTRATION
Sec. 1737. Implementation provisions
(a) Investigations, studies, and experiments
The Secretary may conduct investigations, studies, and experiments,
on his own initiative or in cooperation with others, involving the
management, protection, development, acquisition, and conveying of the
public lands.
(b) Contracts and cooperative agreements
Subject to the provisions of applicable law, the Secretary may enter
into contracts and cooperative agreements involving the management,
protection, development, and sale of public lands.
(c) Contributions and donations of money, services, and property
The Secretary may accept contributions or donations of money,
services, and property, real, personal, or mixed, for the management,
protection, development, acquisition, and conveying of the public lands,
including the acquisition of rights-of-way for such purposes. He may
accept contributions for cadastral surveying performed on federally
controlled or intermingled lands. Moneys received hereunder shall be
credited to a separate account in the Treasury and are hereby authorized
to be appropriated and made available until expended, as the Secretary
may direct, for payment of expenses incident to the function toward the
administration of which the contributions were made and for refunds to
depositors of amounts contributed by them in specific instances where
contributions are in excess of their share of the cost.
(d) Recruitment of volunteers
The Secretary may recruit, 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 Land Management.
(e) Restrictions on activities of volunteers
In accepting such services of individuals as volunteers, the
Secretary--
(1) shall not permit the use of volunteers in hazardous duty or
law enforcement work, or in policymaking processes or to displace
any employee; and
(2) may provide for services or costs incidental to the
utilization of volunteers, including transportation, supplies,
lodging, subsistence, recruiting, training, and supervision.
(f) Federal employment status of volunteers
Volunteers shall not be deemed employees of the United States except
for the purposes of--
(1) the tort claims provisions of title 28;
(2) subchapter 1 \1\ of chapter 81 of title 5; and
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\1\ So in original. Probably should be subchapter ``I''.
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(3) 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 shall apply.
(g) Authorization of appropriations
Effective with fiscal years beginning after September 30, 1984,
there are authorized to be appropriated such sums as may be necessary to
carry out the provisions of subsection (d) of this section, but not more
than $250,000 may be appropriated for any one fiscal year.
(Pub. L. 94-579, title III, Sec. 307, Oct. 21, 1976, 90 Stat. 2766; Pub.
L. 98-540, Sec. 2, Oct. 24, 1984, 98 Stat. 2718; Pub. L. 101-286, title
II, Sec. 204(c), May 9, 1990, 104 Stat. 175.)
References in Text
The civil service classification laws, referred to in subsec. (d),
probably should refer to civil service and classification laws. The
civil service laws are set forth in Title 5, Government Organization and
Employees. See, particularly, section 3301 et seq. of Title 5. The
classification laws are set forth in chapter 51 and subchapter III of
chapter 53 of Title 5.
The tort claims provisions of title 28, referred to in subsec.
(f)(1), is the Federal Tort Claims Act, which is classified generally to
section 1346(b) and chapter 171 (Sec. 2671 et seq.) of Title 28,
Judiciary and Judicial Procedure.
Amendments
1990--Subsec. (f). Pub. L. 101-286 amended subsec. (f) generally.
Prior to amendment, subsec. (f) read as follows: ``Volunteers shall not
be deemed employees of the United States except for the purposes of the
tort claims provisions of title 28 and subchapter 1 of chapter 81 of
title 5, relating to compensation for work injuries.''
1984--Subsecs. (d) to (g). Pub. L. 98-540 added subsecs. (d) to (g).
Section Referred to in Other Sections
This section is referred to in section 1732 of this title; title 16
sections 460xx-2, 460ddd, 460ooo-5.
