[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[S. 1480 Introduced in Senate (IS)]
107th CONGRESS
1st Session
S. 1480
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 SENATE OF THE UNITED STATES
October 1, 2001
Mr. Bingaman (by request) introduced the following bill; which was read
twice and referred to the Committee on Energy and Natural 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. 4601-33(a), is
amended by adding at the end the following:
``(3) Any person who violates any such regulation which is
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 local government; 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 if the Federal law enforcement
agency having investigative jurisdiction over the
offense committed declines to investigate the offense.
``(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,
employment discrimination, 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 approved
by the Secretary 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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