§670c — Title 16 Conservation | U.S. Code

Summary

The Secretary of Defense can run a program to build, improve, operate, and upkeep public outdoor recreation on military bases. The program must follow a joint natural resources plan agreed with the Secretary of the Interior and the state agency the state names. The base’s main military mission must remain the top priority. When it is reasonably possible and does not require major changes to the land or water, the program must make outdoor activities like fishing, hunting, trapping, wildlife viewing, boating, and camping accessible to disabled veterans, military dependents with disabilities, and other people with disabilities when base access is allowed. The Defense Department must consult the Department of Veterans Affairs, service and veterans groups, and sporting organizations. It may accept volunteers and donations of property. Volunteers are not federal employees for pay and benefit rules, but they are treated like federal employees for certain legal claims and for federal workers’ compensation.

Title 16, §670c

Conservation — Source: USLM XML via OLRC

(a)The Secretary of Defense is also authorized to carry out a program for the development, enhancement, operation, and maintenance of public outdoor recreation resources at military installations in accordance with an integrated natural resources management plan mutually agreed upon by the Secretary of Defense and the Secretary of the Interior, in consultation with the appropriate State agency designated by the State in which the installations are located.

(b)(1)In developing facilities and conducting programs for public outdoor recreation at military installations, consistent with the primary military mission of the installations, the Secretary of Defense shall ensure, to the extent reasonably practicable, that outdoor recreation opportunities (including fishing, hunting, trapping, wildlife viewing, boating, and camping) made available to the public also provide access for persons described in paragraph (2) when topographic, vegetative, and water resources allow access for such persons without substantial modification to the natural environment.

(2)Persons referred to in paragraph (1) are the following:

(A)Disabled veterans.

(B)Military dependents with disabilities.

(C)Other persons with disabilities, when access to a military installation for such persons and other civilians is not otherwise restricted.

(3)The Secretary of Defense shall carry out this subsection in consultation with the Secretary of Veterans Affairs, national service, military, and veterans organizations, and sporting organizations in the private sector that participate in outdoor recreation projects for persons described in paragraph (2).

(c)In connection with the facilities and programs for public outdoor recreation at military installations, in particular the requirement under subsection (b) to provide access for persons described in paragraph (2) of such subsection, the Secretary of Defense may accept—

(1)the voluntary services of individuals and organizations; and

(2)donations of property, whether real or personal.

(d)A volunteer under subsection (c) shall not be considered to be 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, except that—

(1)for the purposes of the tort claims provisions of chapter 171 of title 28, the volunteer shall be considered to be a Federal employee; and

(2)for the purposes of subchapter I of chapter 81 of title 5, relating to compensation to Federal employees for work injuries, the volunteer shall be considered to be an employee, as defined in section 8101(1)(B) of title 5, and the provisions of such subchapter shall apply.

Notes & Related Subsidiaries

Editorial Notes

Amendments

1998—Pub. L. 105–261 inserted section catchline, designated existing provisions as subsec. (a) and inserted heading, and added subsecs. (b) to (d). 1997—Pub. L. 105–85 substituted “military installations” for “military reservations”, “an integrated natural resources management plan” for “a cooperative plan”, and “the installations” for “such reservations”. 1968—Pub. L. 90–465 authorized the carrying out of a public outdoor recreation resources program under a cooperative plan between Secretary of Defense, Secretary of the Interior, and State agencies, and struck out provisions for expenditure of funds collected and purposes therefor, now incorporated in section 670f(a) of this title.

§670c Program for public outdoor recreation

Summary

Title 16, §670c

Notes & Related Subsidiaries

Editorial Notes

Amendments

Citations & Metadata