[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2925 Introduced in House (IH)]
107th CONGRESS
1st Session
H. R. 2925
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
September 21, 2001
Mr. Calvert 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,
SECTION 1. SECURITY OF RECLAMATION DAMS, FACILITIES, AND RESOURCES.
Section 2805(a) of the Reclamation Recreation Management Act of
1992 (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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