Good Samaritan Search and Recovery Act - Directs the Secretary of the Interior and the Secretary of Agriculture (USDA) to implement a process to provide eligible organizations and individuals expedited access to federal lands to conduct good Samaritan search-and-recovery missions.
Requires such process to include provisions that clarify that: (1) an eligible organization or eligible individual granted access shall be acting for private purposes and shall not be considered a federal volunteer, (2) an eligible organization or eligible individual shall not be considered a volunteer under the Volunteers in the Parks Act of 1969, and (3) neither the Federal Torts Claim Act nor the Federal Employee Compensation Act shall apply to an eligible organization or eligible individual.
Bars the Secretaries from requiring an eligible organization or eligible individual to have liability insurance as a condition of accessing federal lands under this Act if it: (1) acknowledges and consents, in writing, to these clarifying provisions; and (2) signs a waiver releasing the federal government from all liability related to the access granted.
Sets forth procedures for the approval or denial of requests made by eligible organizations or individuals to carry out a good Samaritan search-and-recovery mission.
Requires the Secretaries to develop search-and-recovery focused partnerships with search-and-recovery organizations to: (1) coordinate good Samaritan search-and-recovery missions on such lands,
Requires the Secretaries to submit a joint report to Congress that describes: (1) their plans for developing such partnerships, and (2) the efforts being taken to expedite and accelerate such mission efforts.
[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2166 Introduced in House (IH)]
113th CONGRESS
1st Session
H. R. 2166
To direct the Secretary of the Interior and Secretary of Agriculture to
expedite access to certain Federal lands under the administrative
jurisdiction of each Secretary for good Samaritan search-and-recovery
missions, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
May 23, 2013
Mr. Heck of Nevada (for himself and Mr. Amodei) introduced the
following bill; which was referred to the Committee on Natural
Resources, and in addition to the Committee on Agriculture, for a
period to be subsequently determined by the Speaker, in each case for
consideration of such provisions as fall within the jurisdiction of the
committee concerned
_______________________________________________________________________
A BILL
To direct the Secretary of the Interior and Secretary of Agriculture to
expedite access to certain Federal lands under the administrative
jurisdiction of each Secretary for good Samaritan search-and-recovery
missions, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Good Samaritan Search and Recovery
Act of 2013''.
SEC. 2. EXPEDITED ACCESS TO CERTAIN FEDERAL LANDS.
(a) In General.--The Secretary shall develop and implement a
process to expedite access to Federal lands under the administrative
jurisdiction of the Secretary for eligible organizations and eligible
individuals to request access to Federal lands to conduct good
Samaritan search-and-recovery missions. The process developed and
implemented pursuant to this subsection shall include provisions that
clarify that--
(1) an eligible organization or eligible individual granted
access under this section shall be acting for private purposes
and shall not be considered a Federal volunteer;
(2) an eligible organization or eligible individual
conducting a good Samaritan search-and-recovery mission under
this section shall not be considered a volunteer under section
3 of the Volunteers in the Parks Act of 1969 (16 U.S.C. 18i);
(3) the Federal Torts Claim Act shall not apply to an
eligible organization or eligible individual carrying out a
privately requested good Samaritan search-and-recovery mission
under this section; and
(4) the Federal Employee Compensation Act shall not apply
to an eligible organization or eligible individual conducting
good Samaritan search-and-recovery mission under this section
and such activities shall not constitute civilian employment.
(b) Release of the Federal Government From Liability.--The
Secretary shall not require an eligible organization or an eligible
individual to have liability insurance as a condition of accessing
Federal lands under this section if the eligible organization or
eligible individual--
(1) acknowledges and consents, in writing, to the
provisions listed in paragraphs (1) through (4) of subsection
(a); and
(2) signs a waiver releasing the Federal Government from
all liability related to the access granted under this section.
(c) Approval and Denial of Requests.--
(1) In general.--The Secretary shall notify an eligible
organization and eligible individual of the approval or denial
of a request by that eligible organization and eligible
individual to carry out a good Samaritan search-and-recovery
mission under this section not more than 48 hours after the
request is made.
(2) Denials.--If the Secretary denies a request from an
eligible organization or eligible individual to carry out a
good Samaritan search-and-recovery mission under this section,
the Secretary shall notify the eligible organization or
eligible individual of--
(A) the reason for the denial request; and
(B) any actions that eligible organization or
eligible individual can take to meet the requirements
for the request to be approved.
(d) Partnerships.--The Secretary shall develop search-and-recovery
focused partnerships with search-and-recovery organizations to--
(1) coordinate good Samaritan search-and-recovery missions
on Federal lands under the administrative jurisdiction of the
Secretary; and
(2) expedite and accelerate good Samaritan search-and-
recovery mission efforts for missing individuals on Federal
lands under the administrative jurisdiction of the Secretary.
(e) Report.--Not later than 180 days after the date of the
enactment of this Act, the Secretary shall submit a joint report to
Congress describing--
(1) plans to develop partnerships described in subsection
(d)(1); and
(2) efforts being taken to expedite and accelerate good
Samaritan search-and-recovery mission efforts for missing
individuals on Federal lands under the administrative
jurisdiction of the Secretary pursuant to subsection (d)(2).
(f) Definitions.--For the purposes of this section, the following
definitions apply:
(1) Eligible organization and eligible individual.--The
terms ``eligible organization'' and ``eligible individual''
means an organization or individual, respectively, that--
(A) is acting in a not-for-profit capacity; and
(B) is certificated in training that meets or
exceeds standards established by the American Society
for Testing and Materials.
(2) Good samaritan search-and-recovery mission.--The term
``good Samaritan search-and-recovery mission'' means a search
for one or more missing individuals believed to be deceased at
the time that the search is initiated.
(3) Secretary.--The term ``Secretary'' means the Secretary
of the Interior or the Secretary of Agriculture, as
appropriate.
<all>
Referred to the Subcommittee on Public Lands and Environmental Regulation.
Referred to the Subcommittee on Conservation, Energy, and Forestry.
Subcommittee Hearings Held.
Subcommittee on Public Lands and Environmental Regulation Discharged.
Committee Consideration and Mark-up Session Held.
Ordered to be Reported by Unanimous Consent.
Reported by the Committee on Natural Resources. H. Rept. 113-331, Part I.
Reported by the Committee on Natural Resources. H. Rept. 113-331, Part I.
Committee on Agriculture discharged.
Committee on Agriculture discharged.
Placed on the Union Calendar, Calendar No. 247.
Mrs. Lummis moved to suspend the rules and pass the bill, as amended.
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Considered under suspension of the rules. (consideration: CR H1255-1257)
DEBATE - The House proceeded with forty minutes of debate on H.R. 2166.
At the conclusion of debate, the Yeas and Nays were demanded and ordered. Pursuant to the provisions of clause 8, rule XX, the Chair announced that further proceedings on the motion would be postponed.
Considered as unfinished business. (consideration: CR H1259-1260)
Passed/agreed to in House: On motion to suspend the rules and pass the bill, as amended Agreed to by the Yeas and Nays: (2/3 required): 394 - 0 (Roll no. 24).(text: CR H1255)
Roll Call #24 (House)On motion to suspend the rules and pass the bill, as amended Agreed to by the Yeas and Nays: (2/3 required): 394 - 0 (Roll no. 24). (text: CR H1255)
Roll Call #24 (House)Received in the Senate and Read twice and referred to the Committee on Energy and Natural Resources.
Committee on Energy and Natural Resources Subcommittee on Public Lands, Forests, and Mining. Hearings held.