Title 43, Public LandsRelease 119-110

§1742a Good Samaritan Search and Recovery Act

Title 43 › CHAPTER 35 — FEDERAL LAND POLICY AND MANAGEMENT › SUBCHAPTER III — ADMINISTRATION › § 1742a

Last updated Sep 22, 2026|Official source

Summary

The Interior and Agriculture Secretaries must make a fast system so eligible people or groups can get permission to go on Federal land to search for someone missing and believed to be dead. Eligible means a not-for-profit group or person whose members are all adults under the state law where the search happens. A good Samaritan search-and-recovery mission means a search for one or more missing people thought to be deceased when the search starts. Secretary means the Secretary of the Interior or the Secretary of Agriculture, as appropriate. The system must say that those who get access are acting privately and are not Federal volunteers, and that certain federal liability and workers’ compensation laws do not apply. The Secretaries cannot force groups to buy liability insurance if the group signs a written acknowledgment of those rules and a waiver that releases and indemnifies the United States. Requests must be approved or denied within 48 hours, and denials must explain why and what can be done to meet the rules. The Secretaries must also make partnerships with search groups to coordinate and speed searches, and they had to send Congress a joint report about those plans and efforts within 180 days after March 12, 2019.

Full Legal Text

Title 43, §1742a

Public Lands, Source: USLM XML via OLRC

(a)Definitions
In this section: (1) Eligible
(2)Good Samaritan search-and-recovery mission
The term “good Samaritan search-and-recovery mission” means a search conducted by an eligible organization or individual for 1 or more missing individuals believed to be deceased at the time that the search is initiated.
(3)Secretary
The term “Secretary” means the Secretary or the Secretary of Agriculture, as applicable.
(b)Process
(1)In general
Each Secretary shall develop and implement a process to expedite access to Federal land under the administrative jurisdiction of the Secretary for eligible organizations and individuals to request access to Federal land to conduct good Samaritan search-and-recovery missions.
(2)Inclusions
The process developed and implemented under this subsection shall include provisions to clarify that—
(A)an eligible organization or individual granted access under this section—
(i)shall be acting for private purposes; and
(ii)shall not be considered to be a Federal volunteer;
(B)an eligible organization or individual conducting a good Samaritan search-and-recovery mission under this section shall not be considered to be a volunteer under section 102301(c) of title 54;
(C)chapter 171 of title 28 (commonly known as the “Federal Tort Claims Act”) shall not apply to an eligible organization or individual carrying out a privately requested good Samaritan search-and-recovery mission under this section; and
(D)chapter 81 of title 5 (commonly known as the “Federal Employees Compensation Act”) shall not apply to an eligible organization or individual conducting a good Samaritan search-and-recovery mission under this section, and the conduct of the good Samaritan search-and-recovery mission shall not constitute civilian employment.
(c)Release of Federal Government from liability
The Secretary shall not require an eligible organization or individual to have liability insurance as a condition of accessing Federal land under this section, if the eligible organization or individual—
(1)acknowledges and consents, in writing, to the provisions described in subparagraphs (A) through (D) of subsection (b)(2); and
(2)signs a waiver releasing the Federal Government from all liability relating to the access granted under this section and agrees to indemnify and hold harmless the United States from any claims or lawsuits arising from any conduct by the eligible organization or individual on Federal land.
(d)Approval and denial of requests
(1)In general
The Secretary shall notify an eligible organization or individual of the approval or denial of a request by the eligible organization or individual to carry out a good Samaritan search-and-recovery mission under this section by not later than 48 hours after the request is made.
(2)Denials
If the Secretary denies a request from an eligible organization or individual to carry out a good Samaritan search-and-recovery mission under this section, the Secretary shall notify the eligible organization or individual of— (A)
(B)any actions that the eligible organization or individual can take to meet the requirements for the request to be approved.
(e)Partnerships
Each Secretary shall develop search-and-recovery-focused partnerships with search-and-recovery organizations—
(1)to coordinate good Samaritan search-and-recovery missions on Federal land under the administrative jurisdiction of the Secretary; and
(2)to expedite and accelerate good Samaritan search-and-recovery mission efforts for missing individuals on Federal land under the administrative jurisdiction of the Secretary.
(f)Report
Not later than 180 days after March 12, 2019, the Secretaries shall submit to Congress a joint report describing—
(1)plans to develop partnerships described in subsection (e)(1); and
(2)efforts carried out to expedite and accelerate good Samaritan search-and-recovery mission efforts for missing individuals on Federal land under the administrative jurisdiction of each Secretary pursuant to subsection (e)(2).

Legislative History

Notes & Related Subsidiaries

Editorial Notes

Codification Section was enacted as part of the John D. Dingell, Jr. Conservation, Management, and Recreation Act, and not as part of the Federal Land Policy and Management Act of 1976 which comprises this chapter.

Statutory Notes and Related Subsidiaries

Definition of “Secretary” Secretary means the Secretary of the Interior, see section 2 of Pub. L. 116–9, set out as a note under section 1 of Title 16, Conservation.

Reference

Citations & Metadata

Citation

43 U.S.C. § 1742a

Title 43, Public Lands

Last Updated

Sep 22, 2026

Release point: 119-110