[Senate Report 115-225]
[From the U.S. Government Publishing Office]


                                                      Calendar No. 373
115th Congress      }                                   {       Report
                                 SENATE
 2d Session         }                                   {      115-225

======================================================================



 
                 GOOD SAMARITAN SEARCH AND RECOVERY ACT

                                _______
                                

                 April 11, 2018.--Ordered to be printed

                                _______
                                

  Ms. Murkowski, from the Committee on Energy and Natural Resources, 
                        submitted the following

                              R E P O R T

                         [To accompany S. 1181]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Energy and Natural Resources, to which was 
referred the bill (S. 1181) 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, having considered the same, reports 
favorably thereon with an amendment in the nature of a 
substitute and recommends that the bill, as amended, do pass.

                               AMENDMENTS

    The amendment is as follows:
    Strike all after the enacting clause and insert the 
following:

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).

                                PURPOSE

    The purpose of S. 1181 is 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.

                          BACKGROUND AND NEED

    Volunteer good Samaritan search-and-recovery teams must 
currently apply for and receive a Federal permit and meet 
liability insurance requirements before they are allowed to 
search for missing persons on Federal land. S. 1181 was 
introduced in response to the tragic stories of Mr. Keith 
Goldberg and Air Force Staff Sergeant Antonio Tucker. Both of 
these individuals were missing for over a year in the Lake Mead 
National Recreation Area, administered by the National Park 
Service, before volunteer good Samaritan search-and-recovery 
teams received government authorization to begin search 
operations. In both cases, the teams had to wait to access the 
public lands to conduct the searches due to difficulties 
navigating existing federal permitting and liability insurance 
requirements for such operations. Once access was granted, 
these missing persons were recovered almost immediately.
    S. 1181 expedites access to public lands for qualified and 
trained good Samaritan search-and-recovery organizations to 
help bring closure to families of missing persons as quickly as 
possible. It requires that permits for accessing public lands 
for search-and-recovery missions be issued or denied to 
eligible organizations or individuals within 48 hours of 
application. The bill provides that eligible organizations or 
individuals do not have to obtain an insurance policy if they 
waive Federal government liability. S. 1181 further enables the 
Federal government to develop long-term partnerships with such 
search-and-recovery organizations thereby conserving government 
resources and possibly saving lives.

                          LEGISLATIVE HISTORY

    Senators Heller and Warner introduced S. 1181 on May 18, 
2017. Similar legislation is also included as section 6107 of 
S. 1460, the Energy and Natural Resources Act of 2017 (Cal. 
162).
    On September 1, 2017, Representatives Duncan, Scott, and 
Wittman introduced similar legislation in the House of 
Representatives as title X of H.R. 3668, the Sportsmen's 
Heritage and Recreational Enhancement Act. The bill was 
primarily referred to the Committee on Natural Resources, in 
addition to the Committees on Agriculture, the Judiciary, 
Energy and Commerce, Transportation and Infrastructure, and 
Ways and Means. The Natural Resources Committee ordered the 
bill favorably reported, as amended, on September 13, 2017 (H. 
Rept. 115-134, Part I). On September 18, 2018, the bill was 
discharged from the Committees on Agriculture, the Judiciary, 
Energy and Commerce, Transportation, and Ways and Means, and 
placed on the Calendar (Cal. 224).
    In the 114th Congress, similar legislation, S. 160, was 
introduced by Senator Heller on January 13, 2015, and referred 
to the Committee on Energy and Natural Resources. The 
Subcommittee on Public Lands, Forests, and Mining held a 
hearing on S. 160 on May 21, 2015 (S. Hrg. 114-380). S. 160 was 
also included as section 10007 of S. 2012, the Energy Policy 
Modernization Act of 2015.
    In the 114th Congress, H.R. 373 was introduced in the House 
of Representatives by Representative Heck on January 14, 2015. 
The bill was primarily referred to the Committee on Natural 
Resources, in addition to the Committee on Agriculture. The 
bill was ordered reported by the Natural Resources Committee on 
March 25, 2015, and was discharged from the Agriculture 
Committee on April 15, 2015. H.R. 373 passed the House under 
suspension of the rules, as amended, by a vote of 413-0 on 
April 28, 2015. The bill was received in the Senate and 
referred to the Committee on Energy and Natural Resources. The 
bill was considered at a hearing by the Subcommittee on Public 
Lands, Forests, and Mining on May 21, 2015 (S. Hrg. 114-380). 
On November 19, 2015, the Committee on Energy and Natural 
Resources met in open business session and ordered H.R. 373 
favorably reported without amendment (S. Rept. 114-193).
    In the 113th Congress, Senator Heller introduced a similar 
bill, S. 1049, on May 23, 2013. The Subcommittee on Public 
Lands, Forests, and Mining held a hearing on the bill on July 
30, 2014 (S. Hrg. 113-433). In the House of Representatives, 
Representatives Heck and Amodei introduced an identical 
companion bill, H.R. 2166, on May 23, 2013. H.R. 2166 was 
referred to the Committees on Natural Resources and 
Agriculture. The Natural Resources' Subcommittee on Public 
Lands and Environmental Regulation considered the bill at a 
hearing on June 6, 2013. The Natural Resources Committee 
favorably ordered the bill reported by voice vote on June 12, 
2013 (H. Rept. 113-331, Part I). The House of Representatives 
passed H.R. 2166 by a vote of 394-0 on January 27, 2014.
    On March 8, 2018, the Committee on Energy and Natural 
Resources met in open business session and ordered S. 1181 
favorably reported, as amended.

                        COMMITTEE RECOMMENDATION

    The Senate Committee on Energy and Natural Resources, in 
open business session on March 8, 2018, by a majority voice 
vote of a quorum present, recommends that the Senate pass S. 
1181, if amended as described herein.

                          COMMITTEE AMENDMENT

    During its consideration of S. 1181, the Committee adopted 
an amendment in the nature of a substitute. The amendment 
amends the definition of the term ``eligible'' in order to 
strike the requirement that an eligible organization or 
individual must have a certificate that meets or exceed the 
standards established by the American Society for Testing and 
Materials. Instead, the amendment requires that individuals 
participating in a search-and-recovery mission must be a legal 
adult in the state where the search-and-recovery mission takes 
place. It also clarifies that a search-and-recovery mission 
must be conducted by an eligible individual or organization, as 
defined in this Act.
    The amendment further specifies that in addition to 
releasing the Federal government from all liability relating to 
access granted for a search-and-recovery mission, an eligible 
individual or organization must agree to indemnify and hold 
harmless the Federal government from any claims or lawsuits 
that arise from conduct on Federal land during a search-and-
recovery mission.
    The substitute amendment is identical to the language 
included in section 6107 of S. 1460, the Energy and Natural 
Resources Act of 2017.

                      SECTION-BY-SECTION ANALYSIS

Section 1. Short title

    Section 1 provides the short title.

Section 2. Expedited access to certain Federal land

    Subsection (a) provides definitions.
    Subsection (b) directs each Secretary to develop and 
implement a process to provide eligible organizations and 
individuals expedited access to Federal lands to conduct good 
Samaritan search-and-recovery operations. The process should 
make it clear that eligible organizations and individuals are 
acting for private purposes, that they will not be considered 
Federal volunteers or staff, and that the Federal Tort Claims 
Act and the Federal Employees Compensation Act do not apply to 
such organizations and individuals while conducting the good 
Samaritan search-and-recovery mission.
    Subsection (c) directs the applicable Secretary to waive 
liability insurance requirements if the eligible organization 
or individual agrees to certain conditions and signs a waiver 
releasing the Federal government from all liability associated 
with their search-and-recovery mission.
    Subsection (d) requires the applicable Secretary to approve 
or deny a request made by an eligible organization or 
individual to carry out good Samaritan search-and-recovery 
missions within 48 hours after a request is made. If an 
organization does not receive approval, the Secretary is 
required to tell the organization why they were denied and what 
they can do to meet the requirements for approval.
    Subsection (e) directs each Secretary to develop search-
and-recovery-focused partnerships with appropriate 
organizations to coordinate good Samaritan search-and-recovery 
missions on Federal land and to expedite mission efforts for 
missing individuals.
    Subsection (f) directs the Secretaries to submit a report 
within 180 days following enactment of the Act outlining their 
plans to develop partnerships and their efforts to streamline 
good Samaritan search-and-recovery efforts.

                   COST AND BUDGETARY CONSIDERATIONS

    The following estimate of the costs of this measure has 
been provided by the Congressional Budget Office:
    S. 1181 would require the Secretary of the Interior and the 
Secretary of Agriculture to expedite access to federal lands 
for search and recovery missions conducted by certain people or 
organizations. Under the bill, entities conducting such 
missions would not be considered federal employees or 
volunteers, and the federal government would not be liable for 
their actions.
    Using information provided by the Department of the 
Interior and the Forest Service, CBO expects that the costs of 
expediting access to federal lands for search and recovery 
missions would be minimal and we estimate that implementing the 
legislation would have no significant effect on the federal 
budget.
    Enacting S. 1181 would not affect direct spending or 
revenues; therefore, pay-as-you-go procedures do not apply.
    CBO estimates that enacting the legislation would not 
increase net direct spending or on-budget deficits in any of 
the four consecutive 10-year periods beginning in 2028.
    S. 1181 contains no intergovernmental or private-sector 
mandates as defined in the Unfunded Mandates Reform Act.
    The CBO staff contact for this estimate is Jeff LaFave. The 
estimate was approved by H. Samuel Papenfuss, Deputy Assistant 
Director for Budget Analysis.

                      REGULATORY IMPACT EVALUATION

    In compliance with paragraph 11(b) of rule XXVI of the 
Standing Rules of the Senate, the Committee makes the following 
evaluation of the regulatory impact which would be incurred in 
carrying out S. 1181. The bill is not a regulatory measure in 
the sense of imposing Government-established standards or 
significant economic responsibilities on private individuals 
and businesses.
    No personal information would be collected in administering 
the program. Therefore, there would be no impact on personal 
privacy.
    Little, if any, additional paperwork would result from the 
enactment of S. 1181, as ordered reported.

                    CONGRESSIONAL DIRECTED SPENDING

    S. 1181, as ordered reported, does not contain any 
congressionally directed spending items, limited tax benefits, 
or limited tariff benefits as defined in rule XLIV of the 
Standing Rules of the Senate.

                        EXECUTIVE COMMUNICATIONS

    Because S. 1181 is similar to legislation considered by the 
Committee in the 114th Congress, the Committee did not request 
Executive Agency views. The testimony provided by the U.S. 
Forest Service at the hearing before the Subcommittee on Public 
Lands, Forests and Mining on May 21, 2015, follows:

   Statement of Leslie Weldon, Deputy Chief, National Forest System, 
Forest Service, U.S. Department of Agriculture, Before the Committee on 
 Energy and Natural Resources, Subcommittee on Public Lands, Forests, 
 and Mining, United States Senate, Concerning S. 160, ``to direct the 
  Secretary of the Interior and Secretary of Agriculture to expedite 
  access to certain Federal land . . . for Good Samaritan search-and-
                          recovery missions''

    S. 160 would direct the Secretary of Agriculture to develop 
and implement a process to expedite access to National Forest 
System lands for eligible organizations and individuals to 
conduct Good Samaritan search-and-recovery missions for missing 
individuals presumed to be deceased at the time the search is 
initiated. S. 160 would provide that an eligible organization 
or individual may not be required to have liability insurance 
if the organization or individual agrees to release the United 
States from all liability. The bill also would require that the 
process include provisions clarifying that an eligible 
organization or individual would not be considered to be a 
Federal volunteer when carrying out a Good Samaritan search-
and-recovery mission, and that the Federal Torts Claims Act and 
the Federal Employee Compensation Act would not apply to a Good 
Samaritan search-and-recovery mission.
    Additionally, it would require the Secretary to provide 
notification of the approval or denial of a request to carry 
out a mission not more than 48 hours after the request is made. 
If a request is denied, the agency would be required to provide 
a reason and describe actions needed to meet the requirements 
for approval. The bill would also require the Secretary to 
develop partnerships with search and recovery organizations to 
help coordinate, expedite, and accelerate mission efforts. A 
report is also required to Congress no later than 180 days 
after the date of enactment on plans to develop partnerships, 
as well as efforts to expedite and accelerate Good Samaritan 
search-and-recovery mission efforts for missing individuals on 
Federal land.
    The Department supports S. 160 with technical corrections 
and amendments. The provisions specified in S. 160 and the 
desired intent of the Act, to allow expedited access to Federal 
lands for search and recovery missions, are substantially 
consistent with current Forest Service policies and guidelines 
governing these types of activities and access. The provisions 
requiring the development and implementation of a process to 
expedite access would be unnecessary and redundant in most 
search and recovery cases on National Forest System lands.
    The Forest Service currently has very few access 
restrictions to Federal lands under its jurisdiction for the 
type of activities described in the Act. Notable exceptions 
would include some restrictions to areas designated as 
Wilderness, and special area closures for events such as fire 
or avalanche.
    The provisions requiring the development and implementation 
of a process to expedite access would be unnecessary in most 
search and recovery cases on National Forest System lands. In 
most areas, the County Sheriff has the primary responsibility 
for search, recovery, and recovery operations on National 
Forest System lands and can act without a permit issued by the 
Forest Service. The Forest Service currently has cooperative 
agreements with County Sheriffs, which could address procedures 
for them to conduct search and recovery missions on National 
Forest System lands.
    Mr. Chairman, regardless of the ultimate outcome of the 
congressional consideration of S. 160, the Forest Service is 
committed to working with all organizations and the dedicated 
men and women who volunteer their time and expertise to assist 
in the search and recovery of those missing.

                        CHANGES IN EXISTING LAW

    In compliance with paragraph 12 of rule XXVI of the 
Standing Rules of the Senate, the Committee notes that no 
changes in existing law are made by the bill as ordered 
reported.

                                  [all]