[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[S. 1181 Reported in Senate (RS)]

<DOC>





                                                       Calendar No. 373
115th CONGRESS
  2d Session
                                S. 1181

                          [Report No. 115-225]

To direct the Secretary of the Interior and Secretary of Agriculture to 
   expedite access to certain Federal land 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 18, 2017

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

                             April 11, 2018

              Reported by Ms. Murkowski, with an amendment
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]

_______________________________________________________________________

                                 A BILL


 
To direct the Secretary of the Interior and Secretary of Agriculture to 
   expedite access to certain Federal land 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,

<DELETED>SECTION 1. SHORT TITLE.</DELETED>

<DELETED>    This Act may be cited as the ``Good Samaritan Search and 
Recovery Act''.</DELETED>

<DELETED>SEC. 2. EXPEDITED ACCESS TO CERTAIN FEDERAL LAND.</DELETED>

<DELETED>    (a) Definitions.--In this section:</DELETED>
        <DELETED>    (1) Eligible.--The term ``eligible'', with respect 
        to an organization or individual, means that the organization 
        or individual, respectively, is--</DELETED>
                <DELETED>    (A) acting in a not-for-profit capacity; 
                and</DELETED>
                <DELETED>    (B) certificated in training that meets or 
                exceeds standards established by the American Society 
                for Testing and Materials.</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (3) Secretary.--The term ``Secretary'' means the 
        Secretary of the Interior or the Secretary of Agriculture, as 
        applicable.</DELETED>
<DELETED>    (b) Process.--</DELETED>
        <DELETED>    (1) In general.--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.</DELETED>
        <DELETED>    (2) Inclusions.--The process developed and 
        implemented under this subsection shall include provisions to 
        clarify that--</DELETED>
                <DELETED>    (A) an eligible organization or individual 
                granted access under this section--</DELETED>
                        <DELETED>    (i) shall be acting for private 
                        purposes; and</DELETED>
                        <DELETED>    (ii) shall not be considered to be 
                        a Federal volunteer;</DELETED>
                <DELETED>    (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, United 
                States Code;</DELETED>
                <DELETED>    (C) chapter 171 of title 28, United States 
                Code (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</DELETED>
                <DELETED>    (D) chapter 81 of title 5, United States 
                Code (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.</DELETED>
<DELETED>    (c) Release of Federal Government From Liability.--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--</DELETED>
        <DELETED>    (1) acknowledges and consents, in writing, to the 
        provisions described in subparagraphs (A) through (D) of 
        subsection (b)(2); and</DELETED>
        <DELETED>    (2) signs a waiver releasing the Federal 
        Government from all liability relating to the access granted 
        under this section.</DELETED>
<DELETED>    (d) Approval and Denial of Requests.--</DELETED>
        <DELETED>    (1) In general.--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.</DELETED>
        <DELETED>    (2) Denials.--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--</DELETED>
                <DELETED>    (A) the reason for the denial of the 
                request; and</DELETED>
                <DELETED>    (B) any actions that the eligible 
                organization or individual can take to meet the 
                requirements for the request to be approved.</DELETED>
<DELETED>    (e) Partnerships.--Each Secretary shall develop search-
and-recovery-focused partnerships with search-and-recovery 
organizations--</DELETED>
        <DELETED>    (1) to coordinate good Samaritan search-and-
        recovery missions on Federal land under the administrative 
        jurisdiction of the Secretary; and</DELETED>
        <DELETED>    (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.</DELETED>
<DELETED>    (f) Report.--Not later than 180 days after the date of 
enactment of this Act, the Secretaries shall submit to Congress a joint 
report describing--</DELETED>
        <DELETED>    (1) plans to develop partnerships described in 
        subsection (e)(1); and</DELETED>
        <DELETED>    (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).</DELETED>

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Good Samaritan Search and Recovery 
Act''.

SEC. 2. EXPEDITED ACCESS TO CERTAIN FEDERAL LAND.

    (a) Definitions.--In this section:
            (1) Eligible.--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) Good samaritan search-and-recovery mission.--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) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior or the Secretary of Agriculture, as applicable.
    (b) Process.--
            (1) In general.--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) Inclusions.--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, United 
                States Code;
                    (C) chapter 171 of title 28, United States Code 
                (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, United States Code 
                (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) Release of Federal Government From Liability.--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) Approval and Denial of Requests.--
            (1) In general.--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) Denials.--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) Partnerships.--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) Report.--Not later than 180 days after the date of enactment of 
this Act, 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).
                                                       Calendar No. 373

115th CONGRESS

  2d Session

                                S. 1181

                          [Report No. 115-225]

_______________________________________________________________________

                                 A BILL

To direct the Secretary of the Interior and Secretary of Agriculture to 
   expedite access to certain Federal land under the administrative 
 jurisdiction of each Secretary for good Samaritan search-and-recovery 
                   missions, and for other purposes.

_______________________________________________________________________

                             April 11, 2018

                       Reported with an amendment