[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2925 Received in Senate (RDS)]

  1st Session
                                H. R. 2925


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            October 24, 2001

                                Received

_______________________________________________________________________

                                 AN ACT


 
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. LAW ENFORCEMENT AUTHORITY AT BUREAU OF RECLAMATION 
              FACILITIES.

    (a) Public Safety Regulations.--The Secretary of the Interior shall 
issue regulations necessary to maintain law and order and protect 
persons and property within Reclamation projects and on Reclamation 
lands.
    (b) Violations; Criminal Penalties.--Any person who knowingly and 
willfully violates any regulation issued under subsection (a) shall be 
fined under chapter 227, subchapter C of title 18, United States Code, 
imprisoned for not more than 6 months, or both. Any person charged with 
a violation of a regulation issued under subsection (a) 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.
    (c) Authorization of Law Enforcement Officers.--The Secretary of 
the Interior may--
            (1) authorize law enforcement personnel from the Department 
        of the Interior to act as law enforcement officers to enforce 
        Federal laws and regulations within a Reclamation project or on 
        Reclamation lands;
            (2) 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 an Indian 
        tribe, when deemed economical and in the public interest, 
        through cooperative agreement or contract, to act as law 
        enforcement officers to enforce Federal laws and regulations 
        within a Reclamation project or on Reclamation lands with such 
        enforcement powers as may be so assigned to them by the 
        Secretary;
            (3) cooperate with any State or local government, including 
        an Indian tribe, in the enforcement of the laws or ordinances 
        of that State or local government; and
            (4) provide reimbursement to a State or local government, 
        including an Indian tribe, for expenditures incurred in 
        connection with activities under paragraph (2).
    (d) Powers of Law Enforcement Officers.--A law enforcement officer 
authorized by the Secretary of the Interior under subsection (c) may--
            (1) carry firearms within a Reclamation project or on 
        Reclamation lands;
            (2) make arrests without warrants for--
                    (A) any offense against the United States committed 
                in his presence; or
                    (B) any felony cognizable under the laws of the 
                United States if he has--
                            (i) reasonable grounds to believe that the 
                        person to be arrested has committed or is 
                        committing such a felony, and
                            (ii) such arrest occurs within a 
                        Reclamation project or on Reclamation lands or 
                        the person to be arrested is fleeing therefrom 
                        to avoid arrest;
            (3) 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 any 
        offense committed within a Reclamation project or on 
        Reclamation lands; and
            (4) 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 
        if the Federal law enforcement agency having investigative 
        jurisdiction over the offense committed declines to investigate 
        the offense.
    (e) Legal Status of State or Local Law Enforcement Officers.--
            (1) State or local officers not federal employees.--Except 
        as otherwise provided in this section, a law enforcement 
        officer of any State or local government, including an Indian 
        tribe, authorized to act as a law enforcement officer under 
        subsection (c) shall not be deemed to be a Federal employee and 
        shall not be subject to the provisions of law relating to 
        Federal employment, including those relating to hours of work, 
        rates of compensation, employment discrimination, leave, 
        unemployment compensation, and Federal benefits.
            (2) Application of federal tort claims act.--For purposes 
        of chapter 171 of title 28, United States Code (commonly known 
        as the Federal Tort Claims Act), a law enforcement officer of 
        any State or local government, including an Indian tribe, 
        shall, when acting as a law enforcement officer under 
        subsection (c) and while under Federal supervision and control, 
        and only when carrying out Federal law enforcement 
        responsibilities, be considered a Federal employee.
            (3) Availability of workers compensation.--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 an Indian tribe, shall, when acting as a 
        law enforcement officer under subsection (c) 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 such 
        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.
    (f) Concurrent Jurisdiction.--Nothing in this section 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 an Indian 
tribe, to exercise civil and criminal jurisdiction within a Reclamation 
project or on Reclamation lands.
    (g) Regulations.--Except for the authority provided in section 
2(c)(1), the law enforcement authorities provided for in this section 
may be exercised only pursuant to regulations issued by the Secretary 
of the Interior and approved by the Attorney General.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Law enforcement personnel.--The term ``law enforcement 
        personnel'' means an employee of a Federal, State, or local 
        government agency, including an Indian tribal agency, who has 
        successfully completed law enforcement training approved by the 
        Secretary and is authorized to carry firearms, make arrests, 
        and execute service of process to enforce criminal laws of his 
        or her employing jurisdiction.
            (2) Reclamation project; reclamation lands.--The terms 
        ``Reclamation project'' and ``Reclamation lands'' have the 
        meaning given such terms in section 2803 of the Reclamation 
        Projects Authorization and Adjustment Act of 1992 (16 U.S.C. 
        460l 32).

            Passed the House of Representatives October 23, 2001.

            Attest:

                                                 JEFF TRANDAHL,

                                                                 Clerk.