43 USC 1742a - Good Samaritan Search and Recovery Act

U.S Code last checked for updates: Nov 22, 2024

§ 1742a.

Good Samaritan Search and Recovery Act

(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

(3)

Secretary

(b)

Process

(1)

In general

(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;

(C)

chapter 171 of title 28 (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 (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

(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 March 12, 2019, 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).

(Pub. L. 116–9, title IX, § 9002, Mar. 12, 2019, 133 Stat. 830.)

cite as: 43 USC 1742a