[Congressional Record Volume 147, Number 142 (Tuesday, October 23, 2001)]
[House]
[Pages H7150-H7151]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
{time} 1600
LAW ENFORCEMENT AUTHORITY AT BUREAU OF RECLAMATION FACILITIES
Mr. CALVERT. Mr. Speaker, I move to suspend the rules and pass the
bill (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, as
amended.
The Clerk read as follows:
H.R. 2925
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
[[Page H7151]]
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.
(h) Definitions.--In this section:
(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).
The SPEAKER pro tempore (Mr. Hansen). Pursuant to the rule, the
gentleman from California (Mr. Calvert) and the gentleman from West
Virginia (Mr. Rahall) each will control 20 minutes.
The Chair recognizes the gentleman from California (Mr. Calvert).
Mr. CALVERT. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, the Bureau of Reclamation is responsible for protecting
348 Federal dams, 58 hydroelectric power plants, and over 8 million
acres of Federal property that contain 300 recreation areas hosting
over 90 million visitors each year. Yet, they do not have the authority
to contract with any entity to ensure that Federal law is enforced at
these facilities.
While Reclamation can contact State and local law enforcement
agencies to enforce State and local laws, these entities cannot enforce
Federal laws within a Reclamation project or on Reclamation-
administered lands.
There continue to be incidents reported by Reclamation field offices
regarding criminal acts on these lands and facilities that threaten
public safety and property. This bill will vest the Bureau of
Reclamation with the authority to contract with other Federal, State,
tribal, or local law enforcement entities to provide services at Bureau
of Reclamation facilities.
This legislation does not create a new law enforcement agency within
the Bureau; it does allow Reclamation to contract with existing
agencies, and reimburses them for law enforcement services.
These measures, especially in times such as we are in today, are not
only prudent, they are essential. The administration has placed high
priority on correcting this situation, and I urge Members to take
action, and to do so by supporting this legislation.
Mr. Speaker, I reserve the balance of my time.
Mr. RAHALL. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, H.R. 2925, as amended, would assist in law enforcement
efforts at the Bureau of Reclamation facilities in 17 western States.
Despite the agency's responsibility to manage more than 300 dams and
reservoirs and 58 hydroelectric power plants, the Secretary of the
Interior lacks the adequate authority to enforce Federal law at Bureau
of Reclamation facilities. There are often violations of Federal law,
including vandalism, theft, trespass, and threats to the security of
the facilities.
H.R. 2925, as amended, would authorize the Secretary to contract with
Federal, State, local and tribal law enforcement agencies to enforce
Federal and State laws on Reclamation lands. The bill would authorize
the Secretary to contract with an adjacent landowner, such as the
Forest Service or the local police department, to enforce laws on
Reclamation lands. The bill would also authorize the Secretary to pay
the law enforcement agencies for their services.
The administration supports this bill. Given our support for the
safety of our water supply, this legislation, as amended, deserves our
support. I urge its adoption.
Mr. Speaker, I yield back the balance of my time.
Mr. CALVERT. Mr. Speaker, I yield back the balance of my time.
The SPEAKER pro tempore. The question is on the motion offered by the
gentleman from California (Mr. Calvert) that the House suspend the
rules and pass the bill, H.R. 2925, as amended.
The question was taken; and (two-thirds having voted in favor
thereof) the rules were suspended and the bill, as amended, was passed.
A motion to reconsider was laid on the table.
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