[Congressional Record Volume 160, Number 15 (Monday, January 27, 2014)]
[House]
[Pages H1255-H1257]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
GOOD SAMARITAN SEARCH AND RECOVERY ACT
Mrs. LUMMIS. Mr. Speaker, I move to suspend the rules and pass the
bill (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.
The Clerk read the title of the bill.
The text of the bill is as follows:
H.R. 2166
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''.
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.
The SPEAKER pro tempore. Pursuant to the rule, the gentlewoman from
Wyoming (Mrs. Lummis) and the gentleman from Arizona (Mr. Grijalva)
each will control 20 minutes.
The Chair recognizes the gentlewoman from Wyoming.
General Leave
Mrs. LUMMIS. Mr. Speaker, I ask unanimous consent that all Members
may have 5 legislative days to revise and extend their remarks and
include extraneous materials on the bill under consideration.
The SPEAKER pro tempore. Is there objection to the request of the
gentlewoman from Wyoming?
There was no objection.
Mrs. LUMMIS. Mr. Speaker, I yield myself as much time as I may
consume.
In the Natural Resources Committee, we heard testimony from Jodi
Goldberg, who shared a story about the search for her brother Keith,
who had been murdered and whose body was presumed to be in the vicinity
of the Lake Mead National Recreation Area.
[[Page H1256]]
A nonprofit search-and-rescue team attempted to search within the
recreation area but was delayed by the National Park Service for over a
year. By the time the search-and-recovery team was allowed access to
search for Mr. Goldberg's remains, they were found in a matter of
hours.
The bureaucratic delays and roadblocks constructed by the National
Park Service are at best unnecessary. Much worse than that, they have
caused undue suffering to families who simply want to look for their
loved ones.
This bipartisan bill makes perfect sense. The Good Samaritan Search
and Recovery Act, sponsored by Congressman Joe Heck, would require the
Federal land management agencies to quickly issue permits to qualify
search-and-recovery groups. This would also eliminate the requirement
to obtain costly insurance provided they waive liability against the
Federal Government.
I urge my colleagues to support this commonsense legislation.
Mr. Speaker, I reserve the balance of my time.
Mr. GRIJALVA. Mr. Speaker, I yield myself such time as I may consume.
In January 2012, when Keith Goldberg went missing, finding him was
all his family wanted. Investigators presumed that he had been murdered
and his remains were somewhere in the Lake Mead National Recreation
Area, a unit administered by the National Park Service. After several
months passed, local law enforcement was unable to recover Mr.
Goldberg's remains, and they gave up the search.
His family, wanting what any family would want, reached out to a
private, nonprofit search-and-rescue outfit for assistance.
Unfortunately, it took 15 months for the professional search-and-rescue
company to acquire the permits and insurance required to conduct a
search. However, within 2 hours of receiving the necessary credentials,
Mr. Goldberg's body was recovered.
H.R. 2166 will help speed up the process for granting private Good
Samaritan search-and-rescue companies access to Federal lands. The bill
strikes a fair balance between guaranteeing safety and sufficient
liability insurance for the American taxpayer and improving the
process. Under H.R. 2166, private search-and-rescue operations, when
appropriate, can have, and should have, timely access to public lands
under H.R. 2166.
I support the legislation and urge its adoption.
I reserve the balance of my time.
Mrs. LUMMIS. Mr. Speaker, I yield 4 minutes to the gentleman from
Nevada, Dr. Heck, the sponsor of the bill.
Mr. HECK of Nevada. Mr. Speaker, I want to thank the chairman and the
ranking member of the House Natural Resources Committee, as well as the
chairman of the subcommittee, the gentleman from Arizona, and the
gentleman from Utah for working with me in a bipartisan manner to bring
H.R. 2166, the Good Samaritan Search and Recovery Act, to the floor.
H.R. 2166 tears down the bureaucratic roadblocks that are preventing
families from receiving closure when their loved ones go missing on
Federal land.
This issue was first brought to my attention by the separate, but
similarly tragic, cases of Las Vegas taxi driver Keith Goldberg and Air
Force Staff Sergeant Antonio Tucker.
Mr. Goldberg and Staff Sergeant Tucker were presumed dead, and their
remains were believed to be missing somewhere within the Lake Mead
National Recreation Area. In both cases, local, experienced search-and-
recovery groups volunteered their time and resources to help locate the
remains of these missing individuals.
Unfortunately, due to unnecessary bureaucratic hurdles from the
Federal Government, the group volunteering to help locate and recover
Mr. Goldberg's remains was denied access to Park Service land for over
15 months. The group volunteering to help locate the remains of Staff
Sergeant Tucker was denied access for 10 months, needlessly delaying
the closure both families deserved.
These stories are heart-wrenching, these actions are unacceptable,
and they must change. Once these bureaucratic hurdles were finally
cleared and these Good Samaritan search-and-recovery groups were
allowed access to Park Service land, Mr. Goldberg's remains were
recovered in less than 2 hours, and the remains of Staff Sergeant
Tucker were recovered in less than 2 days.
As a former member of the Las Vegas Metropolitan Police Department's
Search and Rescue Team, I introduced this bill because unnecessary red
tape simply must not continue to get in the way of providing closure
for families faced with tragic circumstances.
After a hearing, this bill passed out of the House Natural Resources
Committee with a unanimous vote, showing real bipartisan support for
the measure, so I ask my colleagues to pass this bill so that other
families won't have to needlessly suffer the way the families of Keith
Goldberg and Antonio Tucker did.
Again, I want to thank the chairmen and the ranking members of the
full committee and of the subcommittee for working diligently to bring
this bill to the floor. I urge its passage.
Mr. GRIJALVA. Mr. Speaker, let me acknowledge and thank the gentleman
from Nevada for his sponsorship of the legislation. It is very needed
and very important.
With that, I yield back the balance of my time.
Mrs. LUMMIS. I thank the gentleman from Arizona.
Mr. Speaker, I now yield 4 minutes to the gentleman from Utah (Mr.
Bishop), the chairman of the subcommittee.
Mr. BISHOP of Utah. I appreciate all of those who have been involved
in this piece of legislation, which is very important.
Mr. Speaker, 100 years ago, the National Park Service was established
to try and help people enjoy these natural wonders for, indeed, if
people are not visiting our national parks, they do not fulfill the
measure of their creation. It fills no purpose. Unfortunately, in the
last 100 years, it seems like there has been an attitude shift amongst
many of those who are involved in our national parks and other wonders
that we have, especially in the West, in which people who originally
were supposed to be the reason for having these parks have now been
placed last.
The horrific example of what happened at Lake Mead in Nevada is a
horrible thing to take place. Were it the only example we have of these
types of negative things taking place, this legislation would still be
well-deserved and well overdue. Unfortunately, it is not. It is just an
example of significant issues that keep coming back in which our
administration seems to be putting people last and doing things which
are not positive and not helpful.
Let me give you a couple of examples.
In Washington State, we have another national park in which there is
an open area, almost like a community park within the National Park
System, and yet the land manager in Washington decided to cancel a
traditional annual church picnic because it would make too much noise
for the rest of the national park. They also canceled a youth soccer
tournament because it would make too much noise and disturb the rest of
the national park.
During our shutdown, whether, indeed, they were told to try to make
life miserable or not, they seemed to be able to do that on their own.
The effort for the Park Service was to shut down the parking lot at
Mount Vernon until someone had to remind them that Mount Vernon is not
Federal property, that it is private property. At the same time, they
were able to shut down a road in the Smokies to stop a schoolbus from
making its rounds to pick up kids and take them to school and back
again.
At Yellowstone, an armed guard came upon a busload of seniors to try
and escort them off of the Federal property, not allowing them to make
any kind of stops, even for restroom breaks. At Lake Mead, at the same
time, residents who were living on their private houseboats were
escorted off the lake and were told they could not come back. We have
in this particular area the Claude Moore farm and the restaurant over
on the Blue Ridge Parkway. Even though they were private
establishments, the Park Service was doing everything it could to stop
people from attending those areas and allowing them to make a success
of the particular business.
This doesn't happen to be just in the shutdown period. This was
happening well before that time.
[[Page H1257]]
In Alaska, on the Yukon-Charley Rivers, a private boater was stopped
by the Park Service personnel. They took him over to the shore. He was
held at gunpoint and was told that he could not continue on up the
river because they said he couldn't continue on up the river. The
unfortunate reality is that they didn't have the right to tell him he
couldn't go on up the river. They were simply wrong and eventually were
replaced in that particular area.
Other agencies of the Federal Government seem to be doing the same
thing. We have a Wyoming rancher who did not want to give an easement
to the BLM. Instead, he was threatened; they trespassed his property;
they followed him and his guests; they photographed what he was doing,
including his female guests, who were trying to relieve themselves at
the time; they were harassed and punished, and were told they would not
have any of his permits renewed if he did not accede to the Federal
request.
At Cape Hatteras, the Park Service went into a sue-settlement
agreement, which shut down areas that had never been before even though
the local people were opposed to that particular effort and even though
it had a devastating impact on the economy.
The Forest Service, unfortunately, has done the same thing with ski
resorts and, in California, on another ski resort where they closed
summer activities unless they renegotiated the water rights of those
resorts. Then there are the grazing permits in the West. They refused
to, once again, renew the grazing permits unless they were willing to
renegotiate their water rights.
The SPEAKER pro tempore. The time of the gentleman has expired.
Mrs. LUMMIS. I yield the gentleman an additional 2 minutes.
Mr. BISHOP of Utah. All of these are examples which, unfortunately,
continue to go on.
What the good Representative from Nevada has presented us is a
terrific case in which the Park Service actually disrespected
individuals and did not allow them to do what is humanitarianly
appropriate. Yet, when they were allowed to go in there and they found
these bodies, they could have overcome all of this if they had just
cared about people first, but they did not.
With the Keystone pipeline, the Park Service, once again, made a
comment that the Keystone pipeline would have a devastating impact on
parklands that were adjacent to the Keystone pipeline. Unfortunately,
the nearest Federal land--the nearest national parkland--to the
Keystone pipeline is 30 miles away. That is some kind of buffer zone we
have.
If, indeed, we decided that this agency--the Department of this
administration--were to put people first, we would have a much better
relationship. Unfortunately, time after time, we see where actually
people are being put last and bureaucratic responsibility is taking the
place of that. That is simply wrong. This bill is an example of what is
happening, and it is one that should be passed. I appreciate that both
the majority and the minority realize the significance of passing this
piece of legislation.
Mrs. LUMMIS. Mr. Speaker, having completed our presentation and all
of our speakers, I urge the adoption of the bill.
I yield back the balance of my time.
The SPEAKER pro tempore. The question is on the motion offered by the
gentlewoman from Wyoming (Mrs. Lummis) that the House suspend the rules
and pass the bill, H.R. 2166, as amended.
The question was taken.
The SPEAKER pro tempore. In the opinion of the Chair, two-thirds
being in the affirmative, the ayes have it.
Mrs. LUMMIS. Mr. Speaker, on that I demand the yeas and nays.
The yeas and nays were ordered.
The SPEAKER pro tempore. Pursuant to clause 8 of rule XX, further
proceedings on this motion will be postponed.
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