[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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