Title 43Public LandsRelease 119-73not60

§1742a Good Samaritan Search and Recovery Act

Title 43 › Chapter 35— FEDERAL LAND POLICY AND MANAGEMENT › Subchapter III— ADMINISTRATION › § 1742a

Last updated Apr 5, 2026|Official source

Summary

Each Secretary must set up a faster way for nonprofit groups or adults to get permission to search Federal land when someone is missing and believed to be dead. The law defines three key terms: “eligible” — a nonprofit group or person whose members are all adults in the State where the search happens; “good Samaritan search-and-recovery mission” — a search for one or more missing people believed to be deceased; and “Secretary” — the Secretary of the Interior or the Secretary of Agriculture, as appropriate. The process must say that the people doing the search act privately and are not Federal volunteers, that the Federal Tort Claims Act and the Federal Employees Compensation Act do not apply, and that other federal volunteer rules do not treat them as federal volunteers. The Secretary cannot require liability insurance if the group signs a written acknowledgment of those rules and a waiver that releases and indemnifies the United States. The Secretary must approve or deny a request within 48 hours and, if denying it, must explain why and say what the requester can do to get approval. Each Secretary must make partnerships with search-and-recovery groups to help coordinate and speed searches, and within 180 days after March 12, 2019, they must send Congress a joint report on those partnership plans and efforts.

Full Legal Text

Title 43, §1742a

Public Lands — Source: USLM XML via OLRC

(a)In this section:
(1)The term “eligible”, with respect to an organization or individual, means that the organization or individual, respectively, is—
(A)acting in a not-for-profit capacity; and
(B)composed entirely of members who, at the time of the good Samaritan search-and-recovery mission, have attained the age of majority under the law of the State where the mission takes place.
(2)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)The term “Secretary” means the Secretary or the Secretary of Agriculture, as applicable.
(b)(1)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)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)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)(1)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)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)the reason for the denial of the request; and
(B)any actions that the eligible organization or individual can take to meet the requirements for the request to be approved.
(e)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)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 43Public Lands

Last Updated

Apr 5, 2026

Release point: 119-73not60