§558e — Title 16 Conservation | U.S. Code

Summary

Says volunteers are usually not treated as federal employees. They do not fall under federal rules for hours, pay, leave, unemployment, or federal employee benefits. But there are three exceptions where volunteers are treated like federal employees: for tort claims under title 28, for workers’ compensation under subchapter I of chapter 81 of title 5 (section 8101), and for claims about damage to or loss of a volunteer’s personal property under section 3721 of title 31. The word “volunteer” also covers people who are recruited, trained, and supported by a partner under a mutual benefit or cooperative agreement with a Secretary, and who work under that partner’s supervision as the Secretary directs in the agreement. Those directions can set the work and location, supervision, safety rules, on-site checks, allowed equipment, required training, allowed actions, and other needed terms.

Title 16, §558e

Conservation — Source: USLM XML via OLRC

(a)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)For the purpose of the tort claim provisions of title 28, a volunteer under this Act shall be considered a Federal employee.

(c)For the purposes of subchapter I of chapter 81 of title 5, relating to compensation to Federal employees for work injuries, volunteers under this Act 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)For the purposes of claims relating to damage to, or loss of, personal property of a volunteer incident to volunteer service, a volunteer under this Act shall be considered a Federal employee, and the provisions of section 3721 of title 31 shall apply.

(e)For the purposes of subsections (b), (c), and (d), the term “volunteer” includes a person providing volunteer services to either of the Secretaries who—

(1)is recruited, trained, and supported by a cooperator under a mutual benefit agreement or cooperative agreement with either of the Secretaries; and

(2)performs such volunteer services under the supervision of the cooperator as directed by either of the Secretaries in the mutual benefit agreement or cooperative agreement in the mutual benefit agreement, including direction that specifies—

(A)the volunteer services, including the geographic boundaries of the work 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;

(C)the on-site visits to be made by either of the Secretaries, if feasible and only if necessary to verify that volunteers are performing the volunteer services and the cooperator is providing the supervision agreed upon;

(D)the equipment the volunteers are authorized to use;

(E)the training the volunteers are required to complete;

(F)the actions the volunteers are authorized to take; and

(G)any other terms and conditions that are determined to be necessary by the applicable Secretary.

Notes & Related Subsidiaries

Editorial Notes

References in Text

This Act, referred to in subsecs. (b) to (d), is Pub. L. 92–300, May 18, 1972, 86 Stat. 147, as amended generally by Pub. L. 118–234, title III, § 341, Jan. 4, 2025, 138 Stat. 2913, known as the Volunteers in the National Forests and Public Lands Act, which enacted sections 558a to 558g of this title. For complete classification of this Act to the Code, see

Short Title

note set out under section 558a of this title and Tables.

§558e Consideration as Federal employee