< Back to S. 864 (98th Congress, 1983–1984)

Text of the A bill to amend the Volunteers in the Parks Act of 1969, and for other purposes.

This bill was enacted after being signed by the President on October 24, 1984. The text of the bill below is as of Oct 24, 1984 (Passed Congress/Enrolled Bill).

98 STAT. 2718                 PUBLIC LAW 98-540—OCT. 24, 1984

               Public Law 98-540
               98th Congress
                                                  An Act
 Oct 24 1984
    '• '-          To amend the Volunteers in the Parks Act of 1969, and for other purposes.
   [S. 864]
                 Be it enacted by the Senate and House of Representatives of the
               United States of America in Congress assembled, That (a) section 4 of
               the Volunteers in the Parks Act of 1969 (84 Stat. 472; 16 U.S.C. 18j)
               as amended is further amended by striking out "$250,000" and
               substituting "$1,000,000". The amendment made by this subsection
               shall apply with respect to fiscal years beginning after September
               30,1984.
16 use I8g.       Ot>) Section 1 of such Act is amended by adding the following at the
               end thereof: "In accepting such services of individuals or volunteers,
               the Secretary shall not permit the use of volunteers in hazardous
               duty or law enforcement work or in policymaking processes, or to
               displace any employee: Provided, That the services of individuals
               whom the Secretary determines are skilled in performing hazardous
               activities may be accepted.
                 SEC. 2. Section 307 of the Federal Land Policy and Management
               Act of 1976 (90 Stat. 2766; 43 U.S.C. 1737) is amended by adding at
               the end thereof the following new subsections:
                 "(d) The Secretary may recruit, without regard to the civil service
               classification laws, rules, or regulations, the services of individuals
               contributed without compensation as volunteers for aiding in or
               facilitating the activities administered by the Secretary through the
               Bureau of Land Management.
                 "(e) In accepting such services of individuals as volunteers, the
               Secretary—
                        "(1) shall not permit the use of volunteers in hazardous duty
                     or law enforcement work, or in policymaking processes or to
                     displace any employee; and
                        "(2) may provide for services or costs incidental to the utiliza-
                     tion of volunteers, including transportation, supplies, lodging,
                     subsistence, recruiting, training, and supervision.
                  "(f) Volunteers shall not be deemed employees of the United
               States except for the purposes of the tort claims provisions of title
               28, United States Code, and subchapter 1 of chapter 81 of title 5,
5 use 8101.    United States Code, relating to compensation for work injuries.
                  "(g) Effective with fiscal years beginning after September 30, 1984,
               there are authorized to be appropriated such sums as may be
               necessary to carry out the provisions of subsection (d), but not more
               than $250,000 may be appropriated for any one fiscal year.".
43 use 1457a      SEC. 3. (a) The Congress finds that—
note.                   (1) the public lands administered by the National Park Serv-
                     ice, the Bureau of Land Management, and the United States
                     Fish and Wildlife Service contain valuable wildlife, scenery,
                     natural and historic features, and other resources;
                        (2) the Congress has specified the duties and responsibilities of
                     the National Park Service, the Bureau of Land Management,
                     and the United States Fish and Wildlife Service to balance the

PUBLIC LAW 98-540—OCT. 24, 1984 98 STAT. 2719 conservation and protection of these public lands and resources with permitted uses in ways Congress has found to be appropri- ate for each of the various land areas; (3) the National Park Service, the Bureau of Land Manage- ment, and the United States Fish and Wildlife Service are currently under congressional mandates to maintain sufficient visitor and recreational services in our national parks, camp- grounds, and wildlife refuges; (4) the Congress has authorized the National Park Service, the Bureau of Land Management, and the United States Fish and Wildlife Service to contract for the provision of certain facilities, accommodations, and services by non-Federal entities, but with certain limitations that reflect the values and appro- priate management policies of the various conservation areas, parks, wildlife refuges, and other public lands; (5) expansion of the contracting authority of the managers of these conservation areas, parks, wildlife refuges, and lands should be considered only after careful study of the existing management mandates and contracting authorities; and (6) management and regulation of natural resources on Fed- eral lands are inherently Government functions and should be performed by Federal employees. (b)(1)(A) The provisions of Office of Management and Budget Circular A-76 and any similar provisions in any other order or directive shall not apply to activities conducted by the National Park Service, United States Fish and Wildlife Service, and the Bureau of Land Management which involve ten full time equiva- lents (FTE) or less. (B) For fiscal years 1985 through and including 1988, no contracts, for activities conducted by the National Park Service, United States Fish and Wildlife Service, or the Bureau of Land Management which have been subject to the provisions of Office of Management and Budget Circular A-76 or any similar provision in any other order or directive, shall be entered into by the United States until funds have been specifically provided therefore by an Act of Congress. (2) Nothing in this section shall prevent the National Park Serv- ice, United States Fish and Wildlife Service, and the Bureau of Land Management from entering into contracts for services and materials under provisions of law and rules, regulations, orders, and policies other than the circular referred to in paragraph (1) or any similar order or directive. SEC. 4. (a) Beginning in fiscal year 1985, the National Park Service 16 USC la-8. shall implement a maintenance management system into the main- tenance and operations programs of the National Park System. For purposes of this section the term "maintenance management system" means a system that contains but is not limited to the following elements: (1) a work load inventory of assets including detailed informa- tion that quantifies for all assets (including but not limited to buildings, roads, utility systems, and grounds that must be maintained) the characteristics affecting the type of mainte- nance work performed; (2) a set of maintenance tasks that describe the maintenance work in each unit of the National Park System; (3) a description of work standards including frequency of maintenance, measurable quality standard to which assets
98 STAT. 2720 PUBLIC LAW 98-540—OCT. 24, 1984 should be maintained, methods for accomplishing work, re- quired labor, equipment and material resources, and expected worker production for each maintenance task; (4) a work program and performance budget which develops an annual work plan identifying maintenance needs and finan- cial resources to be devoted to each maintenance task; (5) a work schedule which identifies and prioritizes tasks to be done in a specific time period and specifies required labor resources; (6) work orders specifying job authorizations and a record of work accomplished which can be used to record actual labor and material costs; and (7) reports and special analyses which compare planned versus actual accomplishments and costs and can be used to evaluate maintenance operations. (b) The National Park Service shall transmit to the Committee on Interior and Insular Affairs of the House of Representatives and the Committee on Energy and Natural Resources of the United States Senate, at the end of each fiscal year, a copy of a report summariz- ing the status of implementation of a maintenance management system until such a system has been implemented. The report shall incorporate the following information: (1) the number of units in the National Park System that have implemented a maintenance management system during the period; (2) contract costs versus management efficiencies achieved; (3) the total amount of dollars spent on contracts for services; and (4) estimation of the total value of benefits achieved through greater management efficiency. Approved October 24, 1984. LEGISLATIVE HISTORY—S. 864: HOUSE REPORT No. 98-960 (Comm. on Interior and Insular Affairs). SENATE REPORT No. 98-208 (Comm. on Energy and Natural Resources). CONGRESSIONAL RECORD: Vol. 129 (1983): Sept. 15, considered and passed Senate. Vol. 130 (1984): Aug. 6, considered and passed House, amended. Oct. 3, Senate concurred in House amendment with an amend- ment. Oct. 4, House concurred in Senate amendment. WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 20, No. 48 (1984): Oct. 24, Presidential statement.