[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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