[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4948 Introduced in House (IH)]







106th CONGRESS
  2d Session
                                H. R. 4948

To amend the Reclamation Recreation Management Act of 1992 in order to 
 provide for the security of dams, facilities, and resources under the 
               jurisdiction of the Bureau of Reclamation.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             July 25, 2000

 Mr. Dooley of California (by request) introduced the following bill; 
            which was referred to the Committee on Resources

_______________________________________________________________________

                                 A BILL


 
To amend the Reclamation Recreation Management Act of 1992 in order to 
 provide for the security of dams, facilities, and resources under the 
               jurisdiction of the Bureau of Reclamation.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, That section 2805(a) of 
the Act of October 30, 1992 (106 Stat. 4692; 16 U.S.C. 460l-33(a)), is 
amended by adding at the end the following:
    ``(3) Any person who violates any such regulation which is lawfully 
issued pursuant to this Act shall be fined under title 18, United 
States Code, imprisoned not more than 6 months, or both. Any person 
charged with a violation of such regulation may be tried and sentenced 
by any United States magistrate judge designated for that purpose by 
the court by which he was appointed, in the same manner and subject to 
the same conditions and limitations as provided for in section 3401 of 
title 18, United States Code.
    ``(4) The Secretary may--
            ``(A) authorize law enforcement personnel from the 
        Department of the Interior to act as law enforcement officers 
        to maintain law and order and protect persons and property 
        within a Reclamation project or on Reclamation lands;
            ``(B) authorize law enforcement personnel of any other 
        Federal agency that has law enforcement authority, with the 
        exception of the Department of Defense, or law enforcement 
        personnel of any State or local government, including Indian 
        tribes, when deemed economical and in the public interest, and 
        with the concurrence of that agency or that State or local 
        government, to act as law enforcement officers within a 
        Reclamation project or on Reclamation lands with such 
        enforcement powers as may be so assigned them by the Secretary 
        to carry out the regulations promulgated under paragraph (2);
            ``(C) cooperate with any State or local government, 
        including Indian tribes, in the enforcement of the laws or 
        ordinances of that State or subdivision; and
            ``(D) provide reimbursement to a State or local government, 
        including Indian tribes, for expenditures incurred in 
        connection with activities under subparagraph (B).
    ``(5) Officers or employees designated or authorized by the 
Secretary under paragraph (4) are authorized to--
            ``(A) carry firearms within a Reclamation project or on 
        Reclamation lands and make arrests without warrants for any 
        offense against the United States committed in their presence, 
        or for any felony cognizable under the laws of the United 
        States if they have reasonable grounds to believe that the 
        person to be arrested has committed or is committing such a 
        felony, and if such arrests occur within a Reclamation project 
        or on Reclamation lands or the person to be arrested is fleeing 
        therefrom to avoid arrest;
            ``(B) execute within a Reclamation project or on 
        Reclamation lands any warrant or other process issued by a 
        court or officer of competent jurisdiction for the enforcement 
        of the provisions of any Federal law or regulation issued 
        pursuant to law for an offense committed within a Reclamation 
        project or on Reclamation lands; and
            ``(C) conduct investigations within a Reclamation project 
        or on Reclamation lands of offenses against the United States 
        committed within a Reclamation project or on Reclamation lands 
        in the absence of investigation thereof by any other Federal 
        law enforcement agency having investigative jurisdiction over 
        the offense committed or with the concurrence of such other 
        agency.
    ``(6)(A) Except as otherwise provided in this paragraph, a law 
enforcement officer of any State or local government, including Indian 
tribes, designated to act as a law enforcement officer under paragraph 
(4) shall not be deemed a Federal employee and shall not be subject to 
the provisions of law relating to Federal employment, including, but 
not limited to, those relating to hours of work, rates of compensation, 
leave, unemployment compensation, and Federal benefits.
    ``(B) For purposes of chapter 171 of title 28, United States Code, 
popularly known as the Federal Tort Claims Act, a law enforcement 
officer of any State or local government, including Indian tribes, 
shall, when acting as a designated law enforcement officer under 
paragraph (4) and while under Federal supervision and control, and only 
when carrying out Federal law enforcement responsibilities, be 
considered a Federal employee.
    ``(C) For purposes of subchapter I of chapter 81 of title 5, United 
States Code, relating to compensation to Federal employees for work 
injuries, a law enforcement officer of any State or local government, 
including Indian tribes, shall, when acting as a designated law 
enforcement officer under paragraph (4) and while under Federal 
supervision and control, and only when carrying out Federal law 
enforcement responsibilities, be deemed a civil service employee of the 
United States within the meaning of the term `employee' as defined in 
section 8101 of title 5, and the provisions of that subchapter shall 
apply. Benefits under this subchapter shall be reduced by the amount of 
any entitlement to State or local workers' compensation benefits 
arising out of the same injury or death.
    ``(7) Nothing in paragraphs (3) through (9) shall be construed or 
applied to limit or restrict the investigative jurisdiction of any 
Federal law enforcement agency, or to affect any existing right of a 
State or local government, including Indian tribes, to exercise civil 
and criminal jurisdiction within a Reclamation project or on 
Reclamation lands.
    ``(8) For the purposes of this subsection, the term `law 
enforcement personnel' means employees of a Federal, State, or local 
government agency, including an Indian tribal agency, who have 
successfully completed law enforcement training and are authorized to 
carry firearms, make arrests, and execute services of process to 
enforce criminal laws of their employing jurisdiction.
    ``(9) The law enforcement authorities provided for in this 
subsection may be exercised only pursuant to rules and regulations 
promulgated by the Secretary and approved by the Attorney General.''.
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