[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[S. 1049 Introduced in Senate (IS)]

113th CONGRESS
  1st Session
                                S. 1049

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 SENATE OF THE UNITED STATES

                              May 23, 2013

  Mr. Heller introduced the following bill; which was read twice and 
       referred to the Committee on Energy and Natural Resources

_______________________________________________________________________

                                 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. 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 
        (c)(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 (b)(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.
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