§ 79l. — Employment of personnel for rehabilitation, protection, and improvements of additional lands.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 16USC79l]
TITLE 16--CONSERVATION
CHAPTER 1--NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER VII--REDWOOD NATIONAL PARK
Sec. 79l. Employment of personnel for rehabilitation,
protection, and improvements of additional lands
(a) Appointment and compensation of personnel for implementation of
protection and enhancement programs
In order to utilize the skills of individuals presently working in
the woods and in the mills to the greatest degree possible to both ease
the personal economic effects of this taking, and to assist in the
necessary rehabilitation, protection, and improvement of lands acquired
by this Act through implementation of sound rehabilitation and land use
practices, the Secretary shall have power to appoint and fix the
compensation of seven full-time and thirty-one temporary personnel to
assist in carrying out such programs necessary for the protection and
enhancement of Redwood National Park.
(b) Appointment and compensation of personnel for administration of
expanded Park; appointment, etc., of additional personnel
In order to effectively administer the expanded Redwood National
Park created by this Act in a manner that will provide maximum
protection to its resources and to provide for maximum visitor use and
enjoyment to ease the local economic effects of this taking, the
Secretary shall have power to appoint and fix the compensation of two
full-time and twenty temporary employees in the competitive service. The
Secretary shall further have power to appoint and fix the compensation
of an additional thirty-two full-time and forty temporary employees in
the competitive service as provided by this subsection at the time of
the donation of those park lands or interests in land owned by the State
of California as are within the boundaries of Redwood National Park as
provided herein. In filling these positions, preference shall be given
to those State employees affected by this transfer for a period not to
exceed six years from the date of transfer; permanent State civil
service employees shall be provided the opportunity to transfer to a
comparable Federal civil service classification notwithstanding
applicable civil service laws and regulations.
(c) Job positions subject to preferential treatment for affected
employees
An affected employee shall be given full consideration for certain
civilian jobs as provided in this section both with the Federal
Government and with those private employers that have certain
undertakings or programs that involve Federal participation or approval
for the period beginning on March 27, 1978, and ending September 30,
1984, if the positions will be primarily located in Humboldt or Del
Norte Counties or other counties in California adjacent thereto, and if
the employee is otherwise qualified under this section.
(d) Procedures applicable to Federal agencies for creating or filling
job positions; applicants subject to preferential treatment;
considerations for employment
(1) Any Federal agency that is creating or filling a civilian
Federal job that is within the scope of clause (2)(A) of this
subsection, pursuant to contract, civil service merit system, or
otherwise, that will be primarily located in Humboldt or Del Norte
Counties, California, or other counties in California adjacent thereto,
must provide notice in advance of the availability of that job and must
provide qualified affected employee applicants for these positions with
full consideration for these positions if the further conditions set
forth in clause (2)(B) of this subsection are met. The notice required
by this paragraph shall be as provided by applicable law and regulation
through the offices of the Employment and Training Services located in
Humboldt and Del Norte Counties, California, and through such other
means as are likely to gain the attention of affected employees.
(2) Consideration for employment under this section shall be
provided under the following conditions:
(A) the job involves skills and training that could reasonably
be expected to have been gained by individuals who have been
employed as logging and related woods employees or sawmill, plywood,
and other wood processing employees, or office employees, or that
can reasonably be expected to be gained while so employed, or
pursuant to retraining as provided herein; and
(B) the applicant has the ability, or can reasonably be expected
to have the ability after appropriate training of reasonable
duration as further provided herein, to perform the duties of the
job: Provided, That the full consideration shall not be required
with respect to those affected employee applicants requiring
training in a situation where the schedule for completion of the
work is such that the period during which said employee can
reasonably be expected to work following completion of training is
determined by the Secretary to be incommensurate with the time and
funds required to provide said employee with the necessary training.
(e) Private employer requirements for filling covered employment
positions with affected employees pursuant to Federal contracts,
etc.; procedures applicable and considerations for employment
(1) Any Federal agency involved in the manner provided herein with a
private employer responsible for filing \1\ an employment position that
is within the scope of clause (2)(A) of subsection (d) of this section,
that will be primarily located in Humboldt or Del Norte Counties, or
other counties in California adjacent thereto, is directed to require
that any Federal contracts, grants, subsidies, loans, or other forms of
funding assistance, and any Federal lease, permit, license, certificate,
or other entitlement for use, not constituting an existing property
right as of March 27, 1978, that is a condition to or a requirement of
the conduct of harvesting and related activities or replanting and land
rehabilitation or the conduct of wood processing and related activities
or the conduct of highway construction and related activities shall be
subject to and conditioned upon said private employer giving full
consideration to affected employees as provided herein.
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\1\ So in original. Probably should be ``filling''.
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(2) Any private employer who participates with a Federal agency in
the manner described above and who is, accordingly, subject to the
requirements as provided herein, shall--
(A) provide notice of the availability of those jobs described
in subsection (d)(2)(A) of this section in the manner generally
provided by subsection (d)(1) of this section; and
(B) provide full consideration to qualified affected employee
applicants for these positions if the further conditions established
by clause (2)(B) of subsection (d) of this section are met.
(f) Agreements with affected employers and industry employers for full
consideration to employment of affected employees formerly
employed by affected employers; implementation
The Secretary is directed to seek and authorized to enter into
agreements with affected employers and industry employers providing that
full consideration shall be given with respect to the employment of
affected employees who had been employed by affected employers in jobs
that may become available in Humboldt and Del Norte Counties and other
counties adjacent thereto. The execution and carrying out of such an
agreement, or the giving of full consideration to the employment of
affected employees under subsection (c) of this section, shall not
subject an employer to any additional liability or obligations under any
Federal or State equal employment law, rule, regulation, or order.
(g) Implementation of requirements
(1) The Secretary, except as otherwise provided, shall be
responsible for the implementation of this section and--
(A) is authorized and directed to make needed training
available, upon application, to an affected employee applicant who,
although not presently qualified for a position, can be reasonably
expected to be qualified after appropriate training;
(B) is authorized to take such actions as may be necessary to
ensure that an affected employee is not denied full consideration
because of the need for training where there is no substantial
reason to believe that the applicant would be unable to perform the
duties of the job after proper training. If the job is one which
must be filled while the affected employee would be in training, the
Secretary shall encourage the employer to fill the job only on a
temporary basis subject to the successful completion of the training
by the affected employee;
(C) shall require that, in a case in which two or more affected
employee applicants have approximately equal qualifications for a
job for which they are to receive full consideration, that applicant
with the greatest creditable service shall be given preference among
those applicants entitled to full consideration; and
(D) upon the filing of a complaint by an employee who alleges
that said employee's rights to full consideration were disregarded,
the Secretary shall make a finding on the merits of such complaint.
If it is determined that there has been noncompliance with this
section, the Secretary shall take such action as may be appropriate
to correct the situation.
(2) To assist in implementing this section, agencies shall notify
the Secretary, in advance, of any job opening as provided for by
subsection (d) of this section and of any Federal commitment as provided
for by subsection (e) of this section.
(3) The Secretary shall--
(A) seek the cooperation of the State of California and the
county and local governments within Humboldt and Del Norte Counties
in the implementation of the provisions of this section and in the
adoption of similar provisions for full consideration of affected
employees with regard to State, county, and local jobs and
activities; and
(B) appoint, from among nominees proposed by certified or
recognized unions representing employees, a person or persons who
shall serve as the Secretary's liaison with employees and their
union and as consultant to the Secretary with regard to the
administration of those provisions of this Act for which the
Secretary is responsible.
(h) Judicial review of determination of Secretary respecting employee,
etc.; procedures applicable
An employee, a group of employees, a certified or recognized union,
or an authorized representative of such employee or group, aggrieved by
any determination by the Secretary under this Act shall be entitled to
judicial review of such determination in the same manner and under the
same conditions as provided by section 2395 of title 19, except that
such review shall be in the appropriate court of appeals of the United
States, and the judgment of such court shall be subject to review by the
Supreme Court of the United States upon certiorari or certification as
provided in section 1254 of title 28.
(i) Additional or alternative rights under existing labor laws,
regulations, or contracts unaffected; compensation of employees
appointed to Federal jobs
Nothing in this section shall be construed to affect any additional
or alternative rights under a law, regulation, or contract (including,
but not limited to, veteran preference and contracts between private
employers and unions) in effect as of March 27, 1978, and the
implementation of this section shall be carried out in accord with
applicable civil service laws and regulations except as otherwise
provided for in this section. Employees appointed to Federal jobs
pursuant to this section shall have their compensation fixed at rates
not to exceed that now or hereafter prescribed for the highest rate of
grade 15 of the General Schedule under section 5332 of title 5.
(Pub. L. 95-250, title I, Sec. 103, Mar. 27, 1978, 92 Stat. 167; Pub. L.
96-417, title VI, Sec. 602, Oct. 10, 1980, 94 Stat. 1744; Pub. L. 105-
277, div. A, Sec. 101(f) [title VIII, Sec. 405(b)], Oct. 21, 1998, 112
Stat. 2681-337, 2681-417.)
References in Text
This Act, referred to in subsecs. (a), (b), (g)(3)(B), and (h),
means Pub. L. 95-250, Mar. 27, 1978, 92 Stat. 163, as amended, which,
insofar as classified to the Code, enacted sections 79c-1, 79k to 79q of
this title, amended sections 1a-1, 79b, and 79c of this title, and
enacted provisions set out as a note under section 79k of this title.
For complete classification of this Act to the Code, see Tables.
The civil service laws, referred to in subsec. (b), are set forth in
Title 5, Government Organization and Employees. See, particularly,
section 3301 et seq. of Title 5.
Codification
Section was not enacted as part of Pub. L. 90-545, Oct. 2, 1968, 82
Stat. 931, which comprises this subchapter.
Amendments
1998--Subsec. (a). Pub. L. 105-277, Sec. 101(f) [title VIII,
Sec. 405(b)(1)], struck out at end ``In filling these positions,
preference shall be given to affected employees (as defined in title II
of this Act) for a period ending on September 30, 1984, notwithstanding
applicable civil service laws and regulations.''
Subsec. (b). Pub. L. 105-277, Sec. 101(f) [title VIII,
Sec. 405(b)(2)], struck out after first sentence ``In filling these
positions, preference shall be given to affected employees (as defined
in title II) for a period ending on September 30, 1984, notwithstanding
applicable civil service laws and regulations.''
1980--Subsec. (h). Pub. L. 96-417 substituted provision for judicial
review under section 2395 of title 19 for review under section 2322 of
title 19 and provided for review in the appropriate court of appeals of
the United States and for review of the judgment of the court of appeals
by the Supreme Court of the United States upon certiorari or
certification as provided in section 1254 of title 28.
Effective Date of 1980 Amendment
Amendment by Pub. L. 96-417 effective Nov. 1, 1980, and applicable
with respect to civil actions pending on or commenced on or after such
date, see section 701(a) of Pub. L. 96-417, set out as a note under
section 251 of Title 28, Judiciary and Judicial Procedure.
Reference to Secretary as Reference to Secretary of Department of the
Interior; Exception
Reference to Secretary, unless otherwise indicated, as reference to
Secretary of Department of the Interior, except for purposes of subsecs.
(d) to (i) of this section, where reference to Secretary shall refer to
Secretary of the Department of Labor, see section 109 of Pub. L. 95-250,
set out as a note under section 79k of this title.
