[Senate Report 114-193]
[From the U.S. Government Publishing Office]
Calendar No. 338
114th Congress } { Report
SENATE
1st Session } { 114-193
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GOOD SAMARITAN SEARCH AND RECOVERY ACT
_______
December 16, 2015.--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 H.R. 373]
The Committee on Energy and Natural Resources, to which was
referred the Act (H.R. 373) 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 without amendment and recommends that the
bill do pass.
PURPOSE
The purpose of H.R. 373 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-rescue 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. H.R. 373 was
introduced in response to the tragic stories of Mr. Keith
Goldberg and Air Force Staff Sergeant Antonio Tucker. 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 for over a year 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.
H.R. 373 expedites access to public lands for Good
Samaritan search-and-recovery organizations to help bring
closure to families of missing persons as quickly as possible.
H.R. 373 requires that permits for accessing public lands for
search and rescue 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. It also enables the Federal government to
develop long-term partnerships with search-and-rescue
organizations, thereby conserving government resources and
possibly saving lives.
LEGISLATIVE HISTORY
In the 113th Congress, Senator Heller introduced a similar
bill to H.R. 373, 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 Committee on Natural Resources and to the
Committee on Agriculture. On June 6, 2013, the House Natural
Resources Subcommittee on Public Lands and Environmental
Regulation held a hearing on H.R. 2166. The Natural Resources
Committee favorably ordered the bill reported by voice vote on
June 12, 2013 (H. Rept. 113-331, Part 1). The House of
Representatives passed H.R. 2166 by a vote of 394-0 on January
27, 2014.
In this Congress, H.R. 373 was introduced by
Representatives Heck, LaMalfa, Amodei, Zinke, Kelly,
McClintock, Valadao, and Hardy on January 14, 2015. The bill
was primarily referred to the Committee on Natural Resources
and additionally to the Committee on Agriculture. The bill was
ordered reported by the House Natural Resources Committee on
March 25, 2015. The House Agriculture Committee discharged the
bill on April 15, 2015. H.R. 373 was passed by 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.
On January 13, 2015, an identical companion bill, S. 160,
was introduced by Senators Heller and Warner. The Subcommittee
on Public Lands, Forests, and Mining held a hearing on S. 160
on May 21, 2015.
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.
COMMITTEE RECOMMENDATION AND TABULATION OF VOTES
The Senate Committee on Energy and Natural Resources, in
open business session on November 19, 2015, by a majority voice
vote of a quorum present, recommends that the Senate pass H.R.
373.
SECTION-BY-SECTION ANALYSIS
Section 1 contains the short title, ``Good Samaritan Search
and Recovery Act.''
Section 2(a) contains definitions.
Section 2(b) directs the Secretary of the Interior and the
Secretary of Agriculture 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 them while conducting the Good
Samaritan search-and-recovery mission.
Section 2(c) directs the 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-rescue mission.
Section 2(d) sets timelines and procedures for the approval
or denial of requests made by eligible organizations or
individuals to carry out Good Samaritan search-and-recovery
missions. This section also 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. Finally, the Secretaries are directed 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 costs of this measure has been
provided by the Congressional Budget Office:
U.S. Congress,
Congressional Budget Office,
Washington, DC, December 4, 2015.
Hon. Lisa Murkowski,
Chairman, Committee on Energy and Natural Resources,
U.S. Senate, Washington, DC.
Dear Madam Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for H.R. 373, the Good
Samaritan Search and Recovery Act.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Jeff LaFave.
Sincerely,
Keith Hall.
Enclosure.
H.R. 373--Good Samaritan Search and Recovery Act
H.R. 373 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
individuals or organizations. Under the act, entities
conducting search and recovery missions would not be considered
federal employees or volunteers, and the federal government
would not be liable for the actions of such entities.
Based on 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
purposes would be minimal, and we estimate that implementing
the legislation would have no significant effect on the federal
budget.
Enacting H.R. 373 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 2026.
H.R. 373 contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act and
would not affect the budgets of state, local, or tribal
governments.
On April 6, 2015, CBO transmitted a cost estimate for H.R.
373, the Good Samaritan Search and Recovery Act, as ordered
reported by the House Committee on Natural Resources on March
25, 2015. The two versions of the legislation are similar, and
the estimated costs are the same.
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 H.R. 373. 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 H.R. 373, as ordered reported.
CONGRESSIONALLY DIRECTED SPENDING
H.R. 373, 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
The testimony provided by the U.S. Forest Service at the
May 21, 2015, Subcommittee on Public Lands, Forests, and Mining
hearing on S. 160, the Senate companion bill to H.R. 373,
follows:
Statement of Leslie Weldon, Deputy Chief, National Forest System,
Forest Service, U.S. Department of Agriculture
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''
Mr. Chairman and members of the Subcommittee, thank you for
the opportunity to present the views of the U.S. Department of
Agriculture (USDA) regarding S. 160, the Good Samaritan Search
and Recovery Act.
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 rescue 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 rescue 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.
This concludes my prepared statement. I am happy to answer
any questions you may have.
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.
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