[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[S. 1351 Introduced in Senate (IS)]







105th CONGRESS
  1st Session
                                S. 1351

   To amend the Sikes Act to establish a mechanism by which outdoor 
  recreation programs on military installations will be accessible to 
  disabled veterans, military dependents with disabilities, and other 
                       persons with disabilities.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            October 30, 1997

   Mr. Burns introduced the following bill; which was read twice and 
              referred to the Committee on Armed Services

_______________________________________________________________________

                                 A BILL


 
   To amend the Sikes Act to establish a mechanism by which outdoor 
  recreation programs on military installations will be accessible to 
  disabled veterans, military dependents with disabilities, and other 
                       persons with disabilities.

    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 ``Disabled Sportsmen's Access Act''.

SEC. 2. OUTDOOR RECREATION DEVELOPMENT ON MILITARY INSTALLATIONS FOR 
              DISABLED VETERANS, MILITARY DEPENDENTS WITH DISABILITIES, 
              AND OTHER PERSONS WITH DISABILITIES.

    (a) Findings.--Congress finds the following:
            (1) The Department of Defense is the steward of nearly 
        30,000,000 acres of lands and resources managed for a variety 
        of recreational activities.
            (2) The Department of Veterans Affairs reports that nearly 
        9,000,000 veterans are classified as disabled. Of these 
        disabled veterans, nearly 78,000 suffer from serious spinal 
        cord injuries.
            (3) Outdoor recreational opportunities are important for 
        people with disabilities and add an intangible improvement to 
        the quality of life.
            (4) A 1996 survey conducted by the Paralyzed Veterans of 
        America found that the number one recreational activity for 
        members of the organization was fishing, followed closely by 
        hunting, and that outdoor recreational activities generally led 
        every category of the survey.
    (b) Access for Disabled Veterans, Military Dependents With 
Disabilities, and Other Persons With Disabilities.--Section 103 of the 
Act of September 15, 1960 (commonly known as the Sikes Act; 16 U.S.C. 
670c), is amended by adding at the end the following new subsections:
    ``(b) Access for Disabled Veterans, Military Dependents With 
Disabilities, and Other Persons With Disabilities.--(1) In developing 
facilities and conducting programs for public outdoor recreation at 
military installations, consistent with the primary military mission of 
the installations, the Secretary of Defense shall ensure, to the 
maximum extent practicable, that outdoor recreation opportunities 
(including fishing, hunting, trapping, wildlife viewing, boating, and 
camping) made available to the public also provide equal access for 
persons described in paragraph (2) when topographic, vegetative, and 
water resources allow equal access without substantial modification to 
the natural environment.
    ``(2) Persons referred to in paragraph (1) are disabled veterans, 
military dependents with disabilities, and other persons with 
disabilities.
    ``(3) The Secretary of Defense shall carry out this subsection in 
consultation with the Secretary of Veterans Affairs, national service, 
military, and veterans organizations, and sporting organizations in the 
private sector that participate in outdoor recreation projects for 
persons described in paragraph (2).
    ``(c) Acceptance of Donations.--In connection with the facilities 
and programs for public outdoor recreation at military installations, 
in particular the requirement under subsection (b) to provide equal 
access for persons described in paragraph (2) of such subsection, the 
Secretary of Defense may accept--
            ``(1) the voluntary services of individuals and 
        organizations; and
            ``(2) donations of money or property, whether real, 
        personal, mixed, tangible, or intangible.
    ``(d) Treatment of Volunteers.--A volunteer under subsection (c) 
shall not be considered to be a Federal employee and shall not be 
subject to the provisions of law relating to Federal employment, 
including those relating to hours of work, rates of compensation, 
leave, unemployment compensation, and Federal employee benefits, except 
that--
            ``(1) for the purposes of the tort claims provisions of 
        chapter 171 of title 28, United States Code, the volunteer 
        shall be considered to be a Federal employee;
            ``(2) for the purposes of subchapter I of chapter 81 of 
        title 5, United States Code, relating to compensation to 
        Federal employees for work injuries, the volunteer shall be 
        considered to be an employee, as defined in section 8101(1)(B) 
        of title 5, United States Code, and the provisions of such 
        subchapter shall apply; and
            ``(3) for purposes of the provisions of chapter 11 of part 
        I of title 18, United States Code, the volunteer (to whom such 
        provisions would not otherwise apply except for this 
        subsection) shall be a special Government employee.''.
    (c) Conforming Amendment.--Such section is further amended by 
striking out ``Sec. 103.'' and inserting in lieu thereof the following:

``SEC. 103. PROGRAM FOR PUBLIC OUTDOOR RECREATION.

    ``(a) Program Authorized.--''.
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