[United States Statutes at Large, Volume 119, 109th Congress, 1st Session] [From the U.S. Government Printing Office, www.gpo.gov] 119 STAT. 2890 Public Law 109-154 109th Congress An Act To amend the Public Lands Corps Act of 1993 to provide for the conduct of projects that protect forests, and for other purposes. NOTE: Dec. 30, 2005 - [S. 1238] Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, NOTE: Public Lands Corps Healthy Forests Restoration Act of 2005. SECTION 1. NOTE: 16 USC 1701 note. SHORT TITLE. This Act may be cited as the ``Public Lands Corps Healthy Forests Restoration Act of 2005''. SEC. 2. AMENDMENTS TO THE PUBLIC LANDS CORPS ACT OF 1993. (a) Definitions.--Section 203 of the Public Lands Corps Act of 1993 (16 U.S.C. 1722) is amended-- (1) by redesignating paragraphs (8), (9), (10), and (11) as paragraphs (9), (10), (11), and (13), respectively; (2) by inserting after paragraph (7) the following: ``(8) Priority project.--The term `priority project' means an appropriate conservation project conducted on eligible service lands to further 1 or more of the purposes of the Healthy Forests Restoration Act of 2003 (16 U.S.C. 6501 et seq.), as follows: ``(A) To reduce wildfire risk to a community, municipal water supply, or other at-risk Federal land. ``(B) To protect a watershed or address a threat to forest and rangeland health, including catastrophic wildfire. ``(C) To address the impact of insect or disease infestations or other damaging agents on forest and rangeland health. ``(D) To protect, restore, or enhance forest ecosystem components to-- ``(i) promote the recovery of threatened or endangered species; ``(ii) improve biological diversity; or ``(iii) enhance productivity and carbon sequestration.''; and (3) by inserting after paragraph (11) (as redesignated by paragraph (1)) the following: ``(12) Secretary.--The term `Secretary' means-- ``(A) with respect to National Forest System land, the Secretary of Agriculture; and ``(B) with respect to Indian lands, Hawaiian home lands, or land administered by the Department of the Interior, the Secretary of the Interior.''. [[Page 2891]] 119 STAT. 2891 (b) Qualified Youth or Conservation Corps.--Section 204(c) of the Public Lands Corps Act of 1993 (16 U.S.C. 1723(c)) is amended-- (1) by striking ``The Secretary of the Interior and the Secretary of Agriculture are'' and inserting the following: ``(1) In general.--The Secretary is''; and (2) by adding at the end the following: ``(2) Preference.-- ``(A) In general.--For purposes of entering into contracts and cooperative agreements under paragraph (1), the Secretary may give preference to qualified youth or conservation corps located in a specific area that have a substantial portion of members who are economically, physically, or educationally disadvantaged to carry out projects within the area. ``(B) Priority projects.--In carrying out priority projects in a specific area, the Secretary shall, to the maximum extent practicable, give preference to qualified youth or conservation corps located in that specific area that have a substantial portion of members who are economically, physically, or educationally disadvantaged.''. (c) Conservation Projects.--Section 204(d) of the Public Lands Corps Act of 1993 (16 U.S.C. 1723(d)) is amended-- (1) in the first sentence-- (A) by striking ``The Secretary of the Interior and the Secretary of Agriculture may each'' and inserting the following: ``(1) In general.--The Secretary may''; and (B) by striking ``such Secretary'' and inserting ``the Secretary''; (2) in the second sentence, by striking ``Appropriate conservation'' and inserting the following: ``(2) Projects on indian lands.--Appropriate conservation''; and (3) by striking the third sentence and inserting the following: ``(3) Disaster prevention or relief projects.--The Secretary may authorize appropriate conservation projects and other appropriate projects to be carried out on Federal, State, local, or private land as part of a Federal disaster prevention or relief effort.''. (d) Conservation Centers and Program Support.--Section 205 of the Public Lands Corps Act of 1993 (16 U.S.C. 1724) is amended-- (1) by striking the heading and inserting the following: ``SEC. 205. CONSERVATION CENTERS AND PROGRAM SUPPORT.''; (2) by striking subsection (a) and inserting the following: ``(a) Establishment and Use.-- ``(1) In general.--The Secretary may establish and use conservation centers owned and operated by the Secretary for-- ``(A) use by the Public Lands Corps; and ``(B) the conduct of appropriate conservation projects under this title. ``(2) Assistance for conservation centers.--The Secretary may provide to a conservation center established under paragraph (1) any services, facilities, equipment, and supplies [[Page 2892]] 119 STAT. 2892 that the Secretary determines to be necessary for the conservation center. ``(3) Standards for conservation centers.--The Secretary shall-- ``(A) establish basic standards of health, nutrition, sanitation, and safety for all conservation centers established under paragraph (1); and ``(B) ensure that the standards established under subparagraph (A) are enforced. ``(4) Management.--As the Secretary determines to be appropriate, the Secretary may enter into a contract or other appropriate arrangement with a State or local government agency or private organization to provide for the management of a conservation center.''; and (3) by adding at the end the following: ``(d) Assistance.--The Secretary may provide any services, facilities, equipment, supplies, technical assistance, oversight, monitoring, or evaluations that are appropriate to carry out this title.''. (e) Living Allowances and Terms of Service.--Section 207 of the Public Lands Corps Act of 1993 (16 U.S.C. 1726) is amended-- (1) by striking subsection (a) and inserting the following: ``(a) Living Allowances.--The Secretary shall provide each participant in the Public Lands Corps and each resource assistant with a living allowance in an amount established by the Secretary.''; and (2) by adding at the end the following: ``(c) Hiring.--The Secretary may-- ``(1) grant to a member of the Public Lands Corps credit for time served with the Public Lands Corps, which may be used toward future Federal hiring; and ``(2) provide to a former member of the Public Lands Corps noncompetitive hiring status for a period of not more than 120 days after the date on which the member's service with the Public Lands Corps is complete.''. (f) Funding.--The Public Lands Corps Act of 1993 is amended-- (1) in section 210 (16 U.S.C. 1729), by adding at the end the following: ``(c) Other Funds.--Amounts appropriated pursuant to the authorization of appropriations under section 211 are in addition to amounts allocated to the Public Lands Corps through other Federal programs or projects.''; and (2) by inserting after section 210 the following: ``SEC. 211. NOTE: 16 USC 1730. AUTHORIZATION OF APPROPRIATIONS. ``(a) In General.--There is authorized to be appropriated to carry out this title $12,000,000 for each fiscal year, of which $8,000,000 is authorized to carry out priority projects and $4,000,000 of which is authorized to carry out other appropriate conservation projects. ``(b) Disaster Relief or Prevention Projects.--Notwithstanding subsection (a), any amounts made available under that subsection shall be available for disaster prevention or relief projects. ``(c) Availability of Funds.--Notwithstanding any other provision of law, amounts appropriated for any fiscal year to carry out this title shall remain available for obligation and expenditure [[Page 2893]] 119 STAT. 2893 until the end of the fiscal year following the fiscal year for which the amounts are appropriated.''. (g) Conforming Amendments.--The Public Lands Corps Act of 1993 is amended-- (1) in section 204 (16 U.S.C. 1723)-- (A) in subsection (b)-- (i) in the first sentence, by striking ``Secretary of the Interior or the Secretary of Agriculture'' and inserting ``Secretary''; (ii) in the third sentence, by striking ``Secretaries'' and inserting ``Secretary''; and (iii) in the fourth sentence, by striking ``Secretaries'' and inserting ``Secretary''; and (B) in subsection (e), by striking ``Secretary of the Interior and the Secretary of Agriculture'' and inserting ``Secretary''; (2) in section 205 (16 U.S.C. 1724)-- (A) in subsection (b), by striking ``Secretary of the Interior and the Secretary of Agriculture'' and inserting ``Secretary''; and (B) in subsection (c), by striking ``Secretary of the Interior and the Secretary of Agriculture'' and inserting ``Secretary''; (3) in section 206 (16 U.S.C. 1725)-- (A) in subsection (a)-- (i) in the first sentence-- (I) by striking ``Secretary of the Interior and the Secretary of Agriculture are each'' and inserting ``Secretary is''; and (II) by striking ``such Secretary'' and inserting ``the Secretary''; (ii) in the third sentence, by striking ``Secretaries'' and inserting ``Secretary''; and (iii) in the fourth sentence, by striking ``Secretaries'' and inserting ``Secretary''; and (B) in the first sentence of subsection (b), by striking ``Secretary of the Interior or the Secretary of Agriculture'' and inserting ``the Secretary''; and (4) in section 210 (16 U.S.C. 1729)-- (A) in subsection (a)-- (i) in paragraph (1), by striking ``Secretary of the Interior and the Secretary of Agriculture are each'' and inserting ``Secretary is''; and (ii) in paragraph (2), by striking ``Secretary of the Interior and the Secretary of Agriculture are each'' and inserting ``Secretary is''; and [[Page 2894]] 119 STAT. 2894 (B) in subsection (b), by striking ``Secretary of the Interior and the Secretary of Agriculture'' and inserting ``Secretary''. Approved December 30, 2005. LEGISLATIVE HISTORY--S. 1238 (H.R. 2875): --------------------------------------------------------------------------- HOUSE REPORTS: No. 109-273, Pt. 1 accompanying H.R. 2875 (Comm. on Resources). SENATE REPORTS: No. 109-152 (Comm. on Energy and Natural Resources). CONGRESSIONAL RECORD, Vol. 151 (2005): Nov. 16, considered and passed Senate. Dec. 18, considered and passed House.