[Federal Register Volume 67, Number 107 (Tuesday, June 4, 2002)]
[Rules and Regulations]
[Pages 38418-38423]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-13877]


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DEPARTMENT OF THE INTERIOR

Bureau of Reclamation

43 CFR Part 422

RIN 1006-AA42


Law Enforcement Authority at Bureau of Reclamation Projects

AGENCY: Bureau of Reclamation, Interior.

ACTION: Final rule with request for comments.

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SUMMARY: The Bureau of Reclamation (Reclamation) is issuing this rule 
to establish criteria for the use of non-Department of the Interior 
(Department) law enforcement personnel within a Reclamation project or 
on Reclamation lands. We are required by law to issue this rule in 
order to provide for the security of dams, facilities, and resources 
under our jurisdiction.

DATES: This rule is effective on June 4, 2002. We must receive any 
comments on this final rule no later than August 5, 2002.

ADDRESSES: Any comments on this rule should be sent to Commissioner's 
Office, Bureau of Reclamation, 1849 C Street NW., Washington, DC 20240, 
Attn: Henk Willems.

FOR FURTHER INFORMATION CONTACT: Larry Todd, Director, Operations, 
Bureau of Reclamation, 1849 C Street NW., Washington, DC 20240, 
telephone (202) 513-0615.

SUPPLEMENTARY INFORMATION:

I. Background

    Public Law 107-69 (November 12, 2001), an Act to Amend the 
Reclamation Recreation Management Act of 1992 (the Act) provides for 
law enforcement authority at Reclamation facilities. Section 1(g) 
provides: ``REGULATIONS--Except for the

[[Page 38419]]

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.'' As enacted, however, the Act does not contain a 
section 2(c)(1), as referred to in section 1(g), but does contain a 
section 1(c)(1), which ``authorize[s] 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.'' The Department worked closely with the Congress to 
develop the language in this bill and believes that the congressional 
intent of section 1(g) was to refer to section 1(c)(1). Reclamation is 
promulgating these regulations consistent with that interpretation. The 
Act provides for law enforcement at Reclamation facilities in one of 
two ways: using Department law enforcement personnel (this would not 
require us to issue regulations or obtain Department of Justice 
approval); or, using law enforcement personnel from non-Department 
Federal agencies (other than the Department of Defense) and State, 
local or tribal law enforcement organizations (this would require us to 
issue regulations that the Department of Justice must approve). These 
regulations have been reviewed and approved by the Department of 
Justice, as required by the Act.
    Since Reclamation plans to use some non-Department law enforcement 
officials, these regulations provide fitness and training requirements 
for non-Department law enforcement personnel. Under these regulations, 
Reclamation will:
    (1) Entrust law enforcement authority only to law enforcement 
professionals possessing adequate education and/or experience, 
aptitude, and high moral character;
    (2) Evaluate law enforcement programs and operations to ensure 
compliance with applicable Federal laws and regulations; and
    (3) Ensure that qualitative standards are attained and maintained 
during the life of any cooperative agreements or contracts with other 
Federal agencies or with State, local, or tribal law enforcement 
organizations.

II. Public Involvement

    Reclamation did not publish a notice of proposed rulemaking (NPRM) 
for this regulation. In keeping with 5 U.S.C. 553(b), Reclamation finds 
that good cause exists for not publishing an NPRM. The time-frame for 
the NPRM process, which would result in delaying the effective date of 
this rule, is contrary to the public interest because it may render 
individuals and facilities vulnerable to subversive activity, sabotage, 
or terrorist attack. Moreover, with the coming of Spring and planned 
events for Reclamation's upcoming Centennial, more people will be 
visiting Reclamation's many recreation areas. The measures in this rule 
are intended to address a potential terrorist attack as well as other 
criminal activities against Reclamation lands, dams and powerplants and 
related facilities or against individuals at those places. Immediate 
action is required to accomplish these objectives, and any delay in the 
effective date of this rule is impracticable and contrary to the public 
interest. For these same reasons, we find that good cause exists under 
5 U.S.C. 553 (d)(3) for making this regulation effective less than 30 
days after publication in the Federal Register.
    On September 11, 2001, immediately following the terrorist attacks 
on the World Trade Center and the Pentagon, security at all Reclamation 
dams and powerplants was heightened, and armed law enforcement officers 
from Department agencies began around-the-clock patrols at key 
facilities. National security officials warn that future terrorist 
attacks against high visibility civilian targets may be anticipated, 
and all Reclamation facilities will remain on a heightened security 
status indefinitely.
    Before enactment of Public Law 107-69, Reclamation generally had to 
rely on law enforcement personnel from other bureaus within the 
Department of the Interior to protect Reclamation facilities. While 
other bureaus have been very cooperative in providing law enforcement 
assistance, the continued need for heightened security at many 
facilities has strained available Department law enforcement resources. 
Furthermore, with the coming of Spring, Department law enforcement 
personnel will have to return to their seasonal duty stations. 
Accordingly, Reclamation will need to exercise its authority to 
contract or enter into cooperative agreements for law enforcement 
services with Department of the Interior bureaus and other Federal, 
State, tribal or local law enforcement agencies. We need to implement 
this authority as soon as possible to ensure the safety of the public 
and Reclamation employees and to protect critical national 
infrastructure and other critical water and power resource facilities. 
Reclamation will develop a mandatory orientation session for officers 
who are to be authorized to perform Reclamation law enforcement duties.
    While this rule will be effective on the date published, 
Reclamation will accept and consider comments on the rule for 60 days 
after the date of publication. Among the issues on which Reclamation 
expects comments are the appropriate treatment of non-Department 
Federal officials under these regulations, the extent to which this 
framework for State and local law enforcement participation may be 
consistent with the diverse expectations of local communities across 
the seventeen Western States, and whether these and other issues should 
be addressed in regulation or in individual contracts or cooperative 
agreements.

III. Procedural Matters

National Environmental Policy Act

    Reclamation has analyzed this rule in accordance with the criteria 
of the National Environmental Policy Act and 516 DM. This rule does not 
constitute a major Federal action significantly affecting the quality 
of the human environment. An environmental assessment is not required. 
The rule is categorically excluded from NEPA review under 40 CFR 
1508.4, 516 DM 2, Appendix 1, Sec. 1.10.

Executive Order 12866, Regulatory Planning and Review

    This document is not a significant rule, and the Office of 
Management and Budget has not reviewed this rule under Executive Order 
12866.
    (1) This rule will not have an effect of $100 million or more on 
the economy or adversely affect the economy, productivity, competition, 
jobs, the environment, public health or safety, or State, local, or 
tribal governments or communities. While risk assessments at many 
critical facilities are not yet completed and thus total law 
enforcement contractual needs cannot be fully determined, it is 
estimated that the total start-up cost for implementing Public Law 107-
69 will be in the range of $50--55 million in the first year. This 
estimate is based on contracting for around-the-clock law enforcement 
services at up to 60 critical facilities.
    (2) This rule will not create a serious inconsistency or otherwise 
interfere with an action taken or planned by another agency. The 
selection process for law enforcement personnel will be consistent with 
that used by the Department, thereby assuring that high professional 
law enforcement standards are maintained.
    (3) This rule will not alter the budgetary effects or entitlements, 
grants, user fees, or loan programs or the rights or obligations of 
their recipients. This

[[Page 38420]]

rule provides the legal authority to continue to safely provide 
services to project beneficiaries without the threat of terrorism and 
to protect their contractual rights and entitlements under Federal 
reclamation laws.
    (4) This rule does not raise novel legal or policy issues. It is 
Reclamation's intent to utilize the established policies and guidelines 
on law enforcement being used in the Department.

Regulatory Flexibility Act

    The Department of the Interior certifies that this document will 
not have a significant economic effect on a substantial number of small 
entities under the Regulatory Flexibility Act (5 U.S.C. 601 et seq). A 
Regulatory Flexibility Analysis is not required. Accordingly, a Small 
Entity Compliance Guide is not required.

Small Business Regulatory Enforcement Fairness Act

    This rule is not a major rule under 5 U.S.C. 804(2), the Small 
Business Regulatory Fairness Act. The rule:
    (1) Will not have an annual effect on the economy of $100 million 
or more. A farm, according to the Small Business Administration (SBA), 
is a small business if it has annual receipts of less than $500,000. 
The vast majority of the 140,000 farms receiving Reclamation project 
irrigation water can be classified as ``small businesses'' under the 
SBA definition. This rule will help maintain water deliveries to those 
farms.
    (2) Will not cause a major increase in costs or prices for 
consumers, individual industries, Federal, State, or local government 
agencies, or geographic regions. The rule will have a negligible impact 
on local and regional costs or prices, but the presence of law 
enforcement officers and the enhanced security measures at key 
Reclamation projects may in fact help to stabilize the existing 
economic conditions located in the project area.
    (3) Will not have significant adverse effects on competition, 
employment, investment, productivity, innovation, or the ability of 
U.S.-based enterprises to compete with foreign-based enterprises. In 
fact, the rule may create additional employment opportunities for local 
residents in Reclamation project areas. No effects are anticipated on 
local competition and/or investment opportunities as a result of this 
rule.

Unfunded Mandates Reform Act of 1995

    This rule does not impose an unfunded mandate on State, local, or 
tribal governments or the private sector of more than $100 million per 
year. Moreover, the rule does not have a significant or unique effect 
on State, local, or tribal governments or the private sector. A 
statement containing the information required by the Unfunded Mandates 
Reform Act (2 U.S.C. 1531 et seq) is not required.

Executive Order 12630, Takings

    In accordance with Executive Order 12630, the rule does not have 
significant takings implications. Thus, a takings implication 
assessment is not required, nor will the rule have any effect on the 
use and/or value of private property.

Paperwork Reduction Act

    This rule does not require any information collection under the 
Paperwork Reduction Act. Therefore, an OMB Form 83-I is not required.

Executive Order 13132, Federalism

    In accordance with Executive Order 13132, this rule does not have 
Federalism implications. A Federalism assessment is not required. The 
rule will not affect the roles, rights, and responsibilities of States 
in any way. Moreover, the rule will not result in the Federal 
Government taking control of traditional State responsibilities, nor 
will it interfere with the ability of States to formulate their own 
policies. In addition, the rule will not affect the distribution of 
power, the responsibilities among the various levels of government, nor 
preempt State law.

Executive Order 12988, Civil Justice Reform

    In accordance with Executive Order 12988, the Department's Office 
of the Solicitor has determined that this rule does not unduly burden 
the judicial system and meets the requirements of section 3(a) and 
3(b)(2) of the Executive Order.

Executive Order 13211, Energy Impacts

    In accordance with Executive Order 13211, the rule will not have a 
significant adverse effect on the supply, distribution, and use of 
energy. Therefore, a Statement of Energy Effects is not required.

Comments

    If you wish to comment on this rule, you may submit your comments 
by one of two methods. You may mail comments to: Bureau of Reclamation, 
1849 C Street NW., Washington, DC 20240, Attn: Henk Willems. You may 
also hand-deliver comments to the Bureau of Reclamation, Room 7610, 
Main Interior Building, 1849 C Street NW., Washington, DC 20240. Our 
practice is to make comments, including names and home addresses of 
respondents, available for public review during regular business hours. 
Individual respondents may request that we withhold their home address 
from the rulemaking record. We will honor the request to the extent 
allowable by law. There also may be circumstances in which we would 
withhold from the rulemaking record a respondent's identity, as 
allowable by law. If you wish us to withhold your name and/or address, 
you must state this prominently at the beginning of your comment. 
However, we will not consider anonymous comments. We will make all 
submissions from organizations or businesses, and from individuals 
identifying themselves as representatives or officials of organizations 
or businesses, available for public inspection in their entirety.

List of Subjects in 43 CFR Part 422

    Law enforcement authority, Law enforcement standards, Law 
enforcement agreements, Law enforcement officer responsibilities, Law 
enforcement officer conduct.

    Dated: May 28, 2002.
Bennett W. Raley,
Assistant Secretary--Water and Science.


    For the reasons stated in the preamble, Reclamation adds a new part 
422 to title 43 of the Code of Federal Regulations as follows:

PART 422--LAW ENFORCEMENT AUTHORITY AT BUREAU OF RECLAMATION 
PROJECTS

Sec.
422.1   Purpose of this part.
422.2   Definitions.
422.3   Reclamation law enforcement policy.

Responsibilities

422.4   Responsibilities of the Commissioner of Reclamation.
422.5   Responsibilities of the Law Enforcement Administrator.
422.6   Responsibilities of the Chief Law Enforcement Officer.

Program Requirements

422.7   Authorization to perform law enforcement duties.
422.8   Requirements for law enforcement functions and programs.
422.9   Reclamation law enforcement contracts and cooperative 
agreements.
422.10   Requirements for authorizing officers to exercise 
Reclamation law enforcement authority.
422.11   Position sensitivity and investigations.
422.12   Required standards of conduct.
422.13   Reporting an injury or property damage or loss.

    Authority: 16 U.S.C. 460l-31; 43 U.S.C. 373b, 373c

[[Page 38421]]

422.1  Purpose of this part.

    (a) This part implements Public Law No. 107-69, 115 Stat. 593 
(November 12, 2001), an Act to Amend the Reclamation Recreation 
Management Act of 1992, by:
    (1) Establishing eligibility criteria, such as fitness and training 
requirements, for Federal, State, local, and tribal law enforcement 
personnel to protect Bureau of Reclamation (Reclamation) facilities and 
lands; and
    (2) Ensuring that Federal, State, local, and tribal law enforcement 
programs comply with applicable laws and regulations when they 
discharge the Secretary of the Interior's authority.
    (b) This part does not apply to, or limit or restrict in any way, 
the investigative jurisdiction or exercise of law enforcement authority 
of any Federal law enforcement agency, under Federal law, within a 
Reclamation project or on Reclamation lands. The provisions of this 
part apply to non-Department of the Interior Federal law enforcement 
agents only where Reclamation has entered into a cooperative agreement 
or contract with a Federal law enforcement agency, pursuant to Public 
Law 107-69, for the services of specified individual Federal law 
enforcement agents.
    (c) Nothing in this part shall be construed or applied to affect 
any existing right of a State or local government, or an Indian tribe, 
or their law enforcement officers, to exercise concurrent civil and 
criminal jurisdiction within a Reclamation project or on Reclamation 
lands.


422.2  Definitions.

    (a) Department means the United States Department of the Interior.
    (b) Reclamation means the Bureau of Reclamation of the United 
States Department of the Interior.
    (c) Law Enforcement Program means Reclamation's program to provide 
law enforcement and protective services at Reclamation project 
facilities and on Federal project lands. The activity is directed 
toward the preservation of public order, safety, and protection of 
resources and facilities, and their occupants.
    (d) Law Enforcement Administrator (LEA) means the person designated 
by the Commissioner of Reclamation to:
    (1) Direct the law enforcement program and units;
    (2) Develop the policy, procedures, and standards for the law 
enforcement program within Reclamation; and
    (3) Provide for inspection and oversight to control enforcement 
activity.
    (e) Chief Law Enforcement Officer (CLEO) means the highest level 
duly authorized law enforcement officer for a non-Department law 
enforcement agency.
    (f) Law Enforcement Officer means:
    (1) A duly authorized Federal law enforcement officer, as that term 
is defined in Public Law 107-69, from any non-Department Federal agency 
who is authorized to act as a law enforcement officer on Reclamation 
projects and lands; or
    (2) Law enforcement personnel of any State, local government, or 
tribal law enforcement agency.


Sec. 422.3  Reclamation law enforcement policy.

    The law enforcement policy of Reclamation is:
    (a) To maintain an accountable, professional law enforcement 
program on Reclamation project facilities, and to protect Federal 
project lands and their occupants. Reclamation will meet its law 
enforcement responsibilities by establishing and promoting a law 
enforcement program which maintains law and order, and protects persons 
and property within Reclamation property and on Reclamation lands;
    (b) To entrust law enforcement authority only to persons deemed to 
be qualified, competent law enforcement professionals;
    (c) To maintain a continuing review and evaluation of Reclamation's 
law enforcement programs and operations to ensure compliance with 
applicable Federal laws, regulations, and policies of the Department;
    (d) To ensure that approved standards are attained and maintained 
by each law enforcement unit undertaking a contract or cooperative 
agreement;
    (e) To increase the effectiveness of law enforcement through the 
efficient handling and exchange of criminal and intelligence 
information with other Federal, State, local, and tribal agencies, as 
appropriate;
    (f) To provide the public prompt access to information concerning 
its law enforcement program in accordance with the spirit and intent of 
the Freedom of Information Act, 5 U.S.C. 552; Department FOIA 
Regulations, 43 CFR 2; and 383 DM 15, Freedom of Information Act 
Handbook (see www.doi.gov);
    (g) To ensure that the use of force by agency personnel under 
contracts or cooperative agreements with Reclamation complies with the 
Constitution and the law of the United States; and
    (h) To negotiate contracts and cooperative agreements under this 
part to ensure that:
    (1) Reclamation retains flexibility to meet its law enforcement 
needs; and
    (2) Entities entering into contracts and cooperative agreements are 
appropriately reimbursed.

Responsibilities


422.4  Responsibilities of the Commissioner of Reclamation.

    (a) The Secretary of the Interior has designated the Commissioner 
of Reclamation to implement law enforcement authority at Reclamation 
facilities. The Commissioner is responsible for:
    (1) Implementing the provisions of Public Law 107-69;
    (2) Ensuring consistency with applicable Departmental and 
Reclamation requirements for law enforcement officers;
    (3) Carrying out the specific responsibilities listed in paragraph 
(b) of this section; and
    (4) Developing any additional policies necessary for the successful 
accomplishment of Reclamation's law enforcement responsibilities.
    (b) The Commissioner's specific responsibilities include the 
following:
    (1) Designating Reclamation's Law Enforcement Administrator (LEA), 
with authority to discharge the responsibilities assigned by these 
regulations;
    (2) Overseeing the LEA's ability to ensure that all law enforcement 
officers under contract or cooperative agreement for law enforcement 
services to Reclamation are properly trained and receive necessary 
authorizations; and
    (3) Overseeing the LEA's development of policy, procedures, and 
standards for directing the law enforcement units, and the installation 
of management controls for proper implementation of the law enforcement 
program.


422.5  Responsibilities of the Law Enforcement Administrator.

    (a) The Law Enforcement Administrator (LEA):
    (1) Reports directly to the Commissioner;
    (2) Oversees the law enforcement program; and
    (3) Is responsible for promulgating mission-oriented policy, 
procedures, and standards to ensure the effective implementation of 
Reclamation's law enforcement authority.
    (b) The chain of command for law enforcement will run from the 
Commissioner through the LEA to other positions designated as part of 
the Reclamation law enforcement managerial structure, which may include 
a Chief Law Enforcement Officer. The units will be staffed

[[Page 38422]]

through cooperative agreements or contracts with law enforcement 
personnel from Department and non-Department Federal agencies or State, 
local, or tribal law enforcement organizations, with unit command being 
provided as part of the cooperative agreement or contract.
    (c) Within the chain of command specified in paragraph (b) of this 
section, the LEA provides policy direction, inspection, and oversight 
for the law enforcement functions of Reclamation.


Sec. 422.6  Responsibilities of the Chief Law Enforcement Officer.

    The Chief Law Enforcement Officer's (CLEO) responsibilities are to 
ensure that:
    (a) Law enforcement officers working at Reclamation facilities and 
on Federal project lands are duly authorized under Sec. 422.7;
    (b) Law enforcement officers authorized under a contract or 
cooperative agreement meet training and fitness requirements 
established in this part and abide by standards of conduct and 
performance established in this part and in the contract or cooperative 
agreement;
    (c) Law enforcement officers are under the immediate supervision of 
a commanding officer who is part of each law enforcement unit for which 
Reclamation enters into a contract or cooperative agreement; and
    (d) Required reports are made to the LEA, or to another person 
designated by Reclamation, for purposes of carrying out the law 
enforcement functions for which Reclamation has a contract or 
cooperative agreement.

Program Requirements


Sec. 422.7  Authorization to perform law enforcement duties.

    (a) The CLEO must issue written authorization to each officer who 
is authorized to perform Reclamation law enforcement duties.
    (b) Before issuing an authorization under paragraph (a) of this 
section, the CLEO must ensure that the officer meets:
    (1) All the requirements for officers authorized under the law 
enforcement contract or cooperative agreement with Reclamation; and
    (2) All requirements in Secs. 422.10, 422.11, and 422.12.
    (c) The CLEO must terminate an officer's authorization under 
paragraph (a) of this section and must notify the issuing Reclamation 
official when the officer:
    (1) Terminates employment as a full-time police officer for any 
reason;
    (2) Is transferred to another area of jurisdiction, where the 
continued performance of Reclamation duties would be impractical;
    (3) Is suspended for any offense that would impair his/her fitness 
to perform law enforcement duties; or
    (4) Is under indictment or has been charged with a crime.
    (d) The LEA can, upon showing just cause, revoke the authorization 
of an individual officer to perform law enforcement services under 
Reclamation's law enforcement authority after providing written notice 
to the CLEO.


Sec. 422.8  Requirements for law enforcement functions and programs.

    The requirements in this section apply to Reclamation and to each 
law enforcement unit exercising Reclamation's law enforcement 
authority.
    (a) The law enforcement program must provide for control, 
accountability, coordination, and clear lines of authority and 
communication. This organizational structure must apply both within the 
law enforcement units, and between the law enforcement units and the 
LEA or other personnel designated as responsible under the law 
enforcement contract or cooperative agreement.
    (b) Only duly authorized law enforcement officers may discharge law 
enforcement duties.
    (c) Each law enforcement contract or cooperative agreement must 
specifically name those individuals within the contracting agency who 
are authorized to exercise Reclamation law enforcement authority 
consistent with applicable laws, regulations, and the requirements of 
this part. A CLEO can authorize only duly authorized officers who meet 
the standards in Sec. 422.7 to exercise law enforcement authority.
    (d) Any uniform worn by law enforcement officers must display 
distinctive identification to ensure that the officer is:
    (1) Distinguishable from non-law enforcement personnel; and
    (2) Easily recognized by the public as a law enforcement officer.
    (e) Officers investigating a violation of Federal law under a law 
enforcement contract or cooperative agreement with Reclamation will 
notify applicable Federal law enforcement authorities, as appropriate, 
pursuant to 43 U.S.C. 373b(d)(4).
    (f) The LEA must:
    (1) Establish an incident reporting system for incidents that occur 
on Reclamation lands; and
    (2) Include the reporting requirements for incidents as an element 
of each contract or cooperative agreement.


Sec. 422.9  Reclamation law enforcement contracts and cooperative 
agreements.

    (a) The LEA, or a person that the LEA designates, may enter into 
contracts or cooperative agreements with Federal, State, local, or 
tribal law enforcement agencies to aid in enforcing or carrying out 
Federal laws and regulations on Reclamation facilities or Reclamation-
managed property. Reclamation will rescind the contract or cooperative 
agreement if an elected governing body with jurisdiction over the local 
law enforcement agency adopts a resolution objecting to the use of that 
agency's personnel to enforce Federal laws.
    (b) Each contract and cooperative agreement authorizing the 
exercise of Reclamation law enforcement authority:
    (1) Must expire no later than 3 years from its effective date;
    (2) May be revoked earlier by either party with written notice;
    (3) May be revised or amended with the written consent of both 
parties;
    (4) Must expressly include the requirements for exercise of 
Reclamation law enforcement authority listed in Sec. 422.10;
    (5) Must expressly state that the officer has completed the Federal 
Bureau of Investigation criminal history review as required by 
Sec. 422.11; and
    (6) Must expressly include the standards of conduct listed in 
section 422.12.


Sec. 422.10  Requirements for authorizing officers to exercise 
Reclamation law enforcement authority.

    (a) The CLEO must ensure that each officer receiving an 
authorization under Sec. 422.7(a):
    (1) Is at least 21 years old;
    (2) Is certified as a bona fide full-time peace officer under State 
Peace Officer Standards and Training (POST) requirements, or its 
functional equivalent or is certified as a Federal law enforcement 
officer;
    (3) Has passed his/her agency's firearms qualifications (which must 
be consistent with Federal policy) within the 6-month period 
immediately preceding the granting of the authority;
    (4) Re-qualifies to use firearms with all issued service weapons at 
least semi-annually;
    (5) Has neither been convicted of a felony offense, nor convicted 
of a misdemeanor offense for domestic violence, preventing him/her from 
possessing a firearm in compliance with section 658 of Public Law 104-
208 (the 1996 amendment of the Gun Control Act of 1968);

[[Page 38423]]

    (6) Is not the subject of a court order preventing him/her from 
possessing a firearm;
    (7) Has no physical impairments that will hinder performance as an 
active duty law enforcement officer; and
    (8) Attends and successfully completes a mandatory orientation 
session developed by Reclamation to become familiar with Federal laws 
and procedures and with all pertinent provisions of statutes, 
ordinances, regulations, and Departmental and Reclamation rules and 
policies.
    (b) Qualification standards for guards as provided in the 
Departmental Manual or other Department or Reclamation guidance may 
only be used for those persons hired exclusively to perform guard 
duties.


Sec. 422.11  Position sensitivity and investigations.

    Each law enforcement contract or cooperative agreement must include 
a provision requiring the CLEO to certify that each officer who 
exercises authority under the Act has completed an FBI criminal history 
check and is satisfactorily cleared.


Sec. 422.12  Required standards of conduct.

    All law enforcement officers authorized to exercise Reclamation 
authority must adhere to the following standards of conduct:
    (a) Be punctual in reporting for duty at the time and place 
designated by superior officers;
    (b) Be mindful at all times and under all circumstances of their 
responsibility to be courteous, considerate, patient and not use harsh, 
violent, profane, or insolent language;
    (c) Make required reports of appropriate incidents coming to their 
attention;
    (d) When in uniform and requested to do so, provide their name and 
identification/badge number orally or in writing;
    (e) Immediately report any personal injury or any loss, damage, or 
theft of Federal government property as required by Sec. 422.13;
    (f) Not be found guilty in any court of competent jurisdiction of 
an offense that has a tendency to bring discredit upon the Department 
or Reclamation;
    (g) Not engage in any conduct that is prejudicial to the reputation 
and good order of the Department or Reclamation; and
    (h) Obey all regulations or orders relating to the performance of 
the unit's duties under the Reclamation contract or cooperative 
agreement.


Sec. 422.13  Reporting an injury or property damage or loss.

    (a) An officer must immediately report orally and in writing to 
his/her supervisor any:
    (1) Injury suffered while on duty; and
    (2) Any loss, damage, or theft of government property.
    (b) The written report must be in detail and must include names and 
addresses of all witnesses.
    (c) When an officer's injuries prevent him/her from preparing a 
report at the time of injury, the officer's immediate supervisor must 
prepare the report.
    (d) The supervisor must submit all reports made under this section 
to the Reclamation official designated to receive them, as soon as 
possible after the incident occurs.

[FR Doc. 02-13877 Filed 6-3-02; 8:45 am]
BILLING CODE 4310-MN-P