[Congressional Record (Bound Edition), Volume 160 (2014), Part 2]
[House]
[Pages 1839-1841]
[From the U.S. 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. 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.

[[Page 1840]]


  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.
  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

[[Page 1841]]

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.
  Mr. HASTINGS of Washington. Mr. Speaker, I wish to thank Chairman 
Frank D. Lucas of the Committee on Agriculture for his assistance in 
scheduling H.R. 2166 for consideration by the House of Representatives 
on Monday, January 27, 2014. I submit an exchange of letters between 
the Committees regarding this bill.
  The continued cooperation shown by Chairman Lucas and his able staff 
on national forest issues is much appreciated, and I look forward to 
continuing to work with the Chairman for the remainder of the Congress.

                                         House of Representatives,


                                     Committee on Agriculture,

                               Washington, DC, September 10, 2013.
     Hon. Doc Hastings,
     Chairman, Committee on Natural Resources, Longworth HOB, 
         Washington, DC.
       Dear Chairman Hastings: Thank you for the opportunity to 
     review the relevant provisions of the text of H.R. 2166, the 
     Good Samaritan Search and Recovery Act of 2013. As you are 
     aware, the bill was primarily referred to the Committee on 
     Natural Resources, while the Agriculture Committee received 
     an additional referral.
       I recognize and appreciate your desire to bring this 
     legislation before the House in an expeditious manner and, 
     accordingly, I agree to discharge H.R. 2166 from further 
     consideration by the Committee on Agriculture. I do so with 
     the understanding that by discharging the bill, the Committee 
     on Agriculture does not waive any future jurisdictional claim 
     on this or similar matters. Further, the Committee on 
     Agriculture reserves the right to seek the appointment of 
     conferees, if it should become necessary.
       I ask that you insert a copy of our exchange of letters 
     into the Congressional Record during consideration of this 
     measure on the House floor.
       Thank you for your courtesy in this matter and I look 
     forward to continued cooperation between our respective 
     committees.
           Sincerely,
                                                   Frank D. Lucas,
                                                         Chairman.
                                  ____
                                  
                                         House of Representatives,


                               Committee on Natural Resources,

                               Washington, DC, September 11, 2013.
     Hon. Frank D. Lucas,
     Chairman, Committee on Agriculture, Longworth HOB, 
         Washington, DC.
       Dear Mr. Chairman: Thank you for your letter regarding H.R. 
     2166, the Good Samaritan Search and Recovery Act of 2013. As 
     you know, the Committee on Natural Resources ordered reported 
     the bill on June 12, 2013. I appreciate your support in 
     bringing this legislation before the House of 
     Representatives, and accordingly, understand that the 
     Committee on Agriculture will forego action on the bill.
       The Committee on Natural Resources concurs with the mutual 
     understanding that by foregoing consideration of H.R. 2166 at 
     this time, the Committee on Agriculture does not waive any 
     jurisdiction over the subject matter contained in this or 
     similar legislation. In addition, should a conference on the 
     bill be necessary, I would support your request to have the 
     Committee on Agriculture represented on the conference 
     committee. Finally, I would be pleased to include your letter 
     and this response in the bill report filed by the Committee 
     on Natural Resources, as well as in the Congressional Record 
     during floor consideration, to memorialize our understanding.
       Thank you for your cooperation.
           Sincerely,
                                                     Doc Hastings,
                                                         Chairman.
  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.

                          ____________________