Text: S.1238 — 109th Congress (2005-2006)All Information (Except Text)

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Public Law No: 109-154 (12/30/2005)

 
[109th Congress Public Law 154]
[From the U.S. Government Printing Office]


[DOCID: f:publ154.109]

[[Page 2889]]

       PUBLIC LANDS CORPS HEALTHY FORESTS RESTORATION ACT OF 2005

[[Page 119 STAT. 2890]]

Public Law 109-154
109th Congress

                                 An Act


 
 To amend the Public Lands Corps Act of 1993 to provide for the conduct 
 of projects that protect forests, and for other purposes. <<NOTE: Dec. 
                        30, 2005 -  [S. 1238]>> 

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, <<NOTE: Public Lands 
Corps Healthy Forests Restoration Act of 2005.>> 

SECTION 1. <<NOTE: 16 USC 1701 note.>> SHORT TITLE.

    This Act may be cited as the ``Public Lands Corps Healthy Forests 
Restoration Act of 2005''.

SEC. 2. AMENDMENTS TO THE PUBLIC LANDS CORPS ACT OF 1993.

    (a) Definitions.--Section 203 of the Public Lands Corps Act of 1993 
(16 U.S.C. 1722) is amended--
            (1) by redesignating paragraphs (8), (9), (10), and (11) as 
        paragraphs (9), (10), (11), and (13), respectively;
            (2) by inserting after paragraph (7) the following:
            ``(8) Priority project.--The term `priority project' means 
        an appropriate conservation project conducted on eligible 
        service lands to further 1 or more of the purposes of the 
        Healthy Forests Restoration Act of 2003 (16 U.S.C. 6501 et 
        seq.), as follows:
                    ``(A) To reduce wildfire risk to a community, 
                municipal water supply, or other at-risk Federal land.
                    ``(B) To protect a watershed or address a threat to 
                forest and rangeland health, including catastrophic 
                wildfire.
                    ``(C) To address the impact of insect or disease 
                infestations or other damaging agents on forest and 
                rangeland health.
                    ``(D) To protect, restore, or enhance forest 
                ecosystem components to--
                          ``(i) promote the recovery of threatened or 
                      endangered species;
                          ``(ii) improve biological diversity; or
                          ``(iii) enhance productivity and carbon 
                      sequestration.''; and
            (3) by inserting after paragraph (11) (as redesignated by 
        paragraph (1)) the following:
            ``(12) Secretary.--The term `Secretary' means--
                    ``(A) with respect to National Forest System land, 
                the Secretary of Agriculture; and
                    ``(B) with respect to Indian lands, Hawaiian home 
                lands, or land administered by the Department of the 
                Interior, the Secretary of the Interior.''.

[[Page 119 STAT. 2891]]

    (b) Qualified Youth or Conservation Corps.--Section 204(c) of the 
Public Lands Corps Act of 1993 (16 U.S.C. 1723(c)) is amended--
            (1) by striking ``The Secretary of the Interior and the 
        Secretary of Agriculture are'' and inserting the following:
            ``(1) In general.--The Secretary is''; and
            (2) by adding at the end the following:
            ``(2) Preference.--
                    ``(A) In general.--For purposes of entering into 
                contracts and cooperative agreements under paragraph 
                (1), the Secretary may give preference to qualified 
                youth or conservation corps located in a specific area 
                that have a substantial portion of members who are 
                economically, physically, or educationally disadvantaged 
                to carry out projects within the area.
                    ``(B) Priority projects.--In carrying out priority 
                projects in a specific area, the Secretary shall, to the 
                maximum extent practicable, give preference to qualified 
                youth or conservation corps located in that specific 
                area that have a substantial portion of members who are 
                economically, physically, or educationally 
                disadvantaged.''.

    (c) Conservation Projects.--Section 204(d) of the Public Lands Corps 
Act of 1993 (16 U.S.C. 1723(d)) is amended--
            (1) in the first sentence--
                    (A) by striking ``The Secretary of the Interior and 
                the Secretary of Agriculture may each'' and inserting 
                the following:
            ``(1) In general.--The Secretary may''; and
                    (B) by striking ``such Secretary'' and inserting 
                ``the Secretary'';
            (2) in the second sentence, by striking ``Appropriate 
        conservation'' and inserting the following:
            ``(2) Projects on indian lands.--Appropriate conservation''; 
        and
            (3) by striking the third sentence and inserting the 
        following:
            ``(3) Disaster prevention or relief projects.--The Secretary 
        may authorize appropriate conservation projects and other 
        appropriate projects to be carried out on Federal, State, local, 
        or private land as part of a Federal disaster prevention or 
        relief effort.''.

    (d) Conservation Centers and Program Support.--Section 205 of the 
Public Lands Corps Act of 1993 (16 U.S.C. 1724) is amended--
            (1) by striking the heading and inserting the following:

``SEC. 205. CONSERVATION CENTERS AND PROGRAM SUPPORT.'';

            (2) by striking subsection (a) and inserting the following:

    ``(a) Establishment and Use.--
            ``(1) In general.--The Secretary may establish and use 
        conservation centers owned and operated by the Secretary for--
                    ``(A) use by the Public Lands Corps; and
                    ``(B) the conduct of appropriate conservation 
                projects under this title.
            ``(2) Assistance for conservation centers.--The Secretary 
        may provide to a conservation center established under paragraph 
        (1) any services, facilities, equipment, and supplies

[[Page 119 STAT. 2892]]

        that the Secretary determines to be necessary for the 
        conservation center.
            ``(3) Standards for conservation centers.--The Secretary 
        shall--
                    ``(A) establish basic standards of health, 
                nutrition, sanitation, and safety for all conservation 
                centers established under paragraph (1); and
                    ``(B) ensure that the standards established under 
                subparagraph (A) are enforced.
            ``(4) Management.--As the Secretary determines to be 
        appropriate, the Secretary may enter into a contract or other 
        appropriate arrangement with a State or local government agency 
        or private organization to provide for the management of a 
        conservation center.''; and
            (3) by adding at the end the following:

    ``(d) Assistance.--The Secretary may provide any services, 
facilities, equipment, supplies, technical assistance, oversight, 
monitoring, or evaluations that are appropriate to carry out this 
title.''.
    (e) Living Allowances and Terms of Service.--Section 207 of the 
Public Lands Corps Act of 1993 (16 U.S.C. 1726) is amended--
            (1) by striking subsection (a) and inserting the following:

    ``(a) Living Allowances.--The Secretary shall provide each 
participant in the Public Lands Corps and each resource assistant with a 
living allowance in an amount established by the Secretary.''; and
            (2) by adding at the end the following:

    ``(c) Hiring.--The Secretary may--
            ``(1) grant to a member of the Public Lands Corps credit for 
        time served with the Public Lands Corps, which may be used 
        toward future Federal hiring; and
            ``(2) provide to a former member of the Public Lands Corps 
        noncompetitive hiring status for a period of not more than 120 
        days after the date on which the member's service with the 
        Public Lands Corps is complete.''.

    (f) Funding.--The Public Lands Corps Act of 1993 is amended--
            (1) in section 210 (16 U.S.C. 1729), by adding at the end 
        the following:

    ``(c) Other Funds.--Amounts appropriated pursuant to the 
authorization of appropriations under section 211 are in addition to 
amounts allocated to the Public Lands Corps through other Federal 
programs or projects.''; and
            (2) by inserting after section 210 the following:

``SEC. 211. <<NOTE: 16 USC 1730.>> AUTHORIZATION OF APPROPRIATIONS.

    ``(a) In General.--There is authorized to be appropriated to carry 
out this title $12,000,000 for each fiscal year, of which $8,000,000 is 
authorized to carry out priority projects and $4,000,000 of which is 
authorized to carry out other appropriate conservation projects.
    ``(b) Disaster Relief or Prevention Projects.--Notwithstanding 
subsection (a), any amounts made available under that subsection shall 
be available for disaster prevention or relief projects.
    ``(c) Availability of Funds.--Notwithstanding any other provision of 
law, amounts appropriated for any fiscal year to carry out this title 
shall remain available for obligation and expenditure

[[Page 119 STAT. 2893]]

until the end of the fiscal year following the fiscal year for which the 
amounts are appropriated.''.
    (g) Conforming Amendments.--The Public Lands Corps Act of 1993 is 
amended--
            (1) in section 204 (16 U.S.C. 1723)--
                    (A) in subsection (b)--
                          (i) in the first sentence, by striking 
                      ``Secretary of the Interior or the Secretary of 
                      Agriculture'' and inserting ``Secretary'';
                          (ii) in the third sentence, by striking 
                      ``Secretaries'' and inserting ``Secretary''; and
                          (iii) in the fourth sentence, by striking 
                      ``Secretaries'' and inserting ``Secretary''; and
                    (B) in subsection (e), by striking ``Secretary of 
                the Interior and the Secretary of Agriculture'' and 
                inserting ``Secretary'';
            (2) in section 205 (16 U.S.C. 1724)--
                    (A) in subsection (b), by striking ``Secretary of 
                the Interior and the Secretary of Agriculture'' and 
                inserting ``Secretary''; and
                    (B) in subsection (c), by striking ``Secretary of 
                the Interior and the Secretary of Agriculture'' and 
                inserting ``Secretary'';
            (3) in section 206 (16 U.S.C. 1725)--
                    (A) in subsection (a)--
                          (i) in the first sentence--
                                    (I) by striking ``Secretary of the 
                                Interior and the Secretary of 
                                Agriculture are each'' and inserting 
                                ``Secretary is''; and
                                    (II) by striking ``such Secretary'' 
                                and inserting ``the Secretary'';
                          (ii) in the third sentence, by striking 
                      ``Secretaries'' and inserting ``Secretary''; and
                          (iii) in the fourth sentence, by striking 
                      ``Secretaries'' and inserting ``Secretary''; and
                    (B) in the first sentence of subsection (b), by 
                striking ``Secretary of the Interior or the Secretary of 
                Agriculture'' and inserting ``the Secretary''; and
            (4) in section 210 (16 U.S.C. 1729)--
                    (A) in subsection (a)--
                          (i) in paragraph (1), by striking ``Secretary 
                      of the Interior and the Secretary of Agriculture 
                      are each'' and inserting ``Secretary is''; and
                          (ii) in paragraph (2), by striking ``Secretary 
                      of the Interior and the Secretary of Agriculture 
                      are each'' and inserting ``Secretary is''; and

[[Page 119 STAT. 2894]]

                    (B) in subsection (b), by striking ``Secretary of 
                the Interior and the Secretary of Agriculture'' and 
                inserting ``Secretary''.

    Approved December 30, 2005.

LEGISLATIVE HISTORY--S. 1238 (H.R. 2875):
---------------------------------------------------------------------------

HOUSE REPORTS: No. 109-273, Pt. 1 accompanying H.R. 2875 (Comm. on 
Resources).
SENATE REPORTS: No. 109-152 (Comm. on Energy and Natural Resources).
CONGRESSIONAL RECORD, Vol. 151 (2005):
            Nov. 16, considered and passed Senate.
            Dec. 18, considered and passed House.

                                  <all>

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