Title 16ConservationRelease 119-73

§7008 Administrative matters

Title 16 › Chapter CHAPTER 89— - PACIFIC WHITING › § 7008

Last updated Apr 6, 2026|Official source

Summary

People appointed under sections 7002, 7003, 7004, or 7005 are not federal employees while doing that work. They are treated as federal employees only for injury compensation and tort claims under chapter 81 of title 5 and chapter 171 of title 28. Normally, those appointees do not get paid for serving as a representative, alternate, scientific expert, or advisory panel member. The Secretary may, however, hire and pay a person named under section 7003(a) to serve as a scientific expert on the scientific review group if that person is not employed by the United States, a State, or an Indian tribal government, under section 3109 of title 5. The Secretary must pay necessary travel costs for these appointees under the Federal Travel Regulations and sections 5701, 5702, 5704 through 5708, and 5731 of title 5. For two independent members and two public advisors to the scientific review group (jointly appointed under section 7003(c)) and one independent member of the joint technical committee (jointly appointed under section 7004(b)), the Secretary may pay up to 50 percent of any pay and of their necessary travel expenses.

Full Legal Text

Title 16, §7008

Conservation — Source: USLM XML via OLRC

(a)Individuals appointed under section 7002, 7003, 7004, or 7005 of this title, other than officers or employees of the United States Government, shall not be considered to be Federal employees while performing such service, except for purposes of injury compensation or tort claims liability as provided in chapter 81 of title 5 and chapter 171 of title 28.
(b)(1)Except as provided in paragraph (2), an individual appointed under this chapter shall receive no compensation for the individual’s service as a representative, alternate representative, scientific expert, or advisory panel member under this chapter.
(2)Notwithstanding paragraph (1), the Secretary may employ and fix the compensation of an individual appointed under section 7003(a) of this title to serve as a scientific expert on the scientific review group who is not employed by the United States Government, a State government, or an Indian tribal government in accordance with section 3109 of title 5.
(c)Except as provided in subsection (d), the Secretary shall pay the necessary travel expenses of individuals appointed under this chapter in accordance with the Federal Travel Regulations and section 5701, 5702, 5704 through 5708, and 5731 of title 5.
(d)With respect to the 2 independent members of the scientific review group and the 2 public advisors to the scientific review group jointly appointed under section 7003(c) of this title, and the 1 independent member to the joint technical committee jointly appointed under section 7004(b) of this title, the Secretary may pay up to 50 percent of—
(1)any compensation paid to such individuals; and
(2)the necessary travel expenses of such individuals.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

Amendments

2011—Subsec. (a). Pub. L. 111–348 amended subsec. (a) generally. Prior to amendment, text read as follows: “Individuals appointed under section 7002, 7003, 7004, or 7005 of this title who are serving as such Commissioners, other than officers or employees of the United States Government, shall be considered to be Federal employees while performing such service, only for purposes of— “(1) injury compensation under chapter 81 of title 5; “(2) requirements concerning ethics, conflicts of interest, and corruption as provided under title 18; and “(3) any other criminal or civil statute or regulation governing the conduct of Federal employees.”

Reference

Citations & Metadata

Citation

16 U.S.C. § 7008

Title 16Conservation

Last Updated

Apr 6, 2026

Release point: 119-73