Local Enforcement for Local Lands Act of 2016

Summary: Local Enforcement for Local Lands Act of 2016 This bill declares that, by September 30, 2017, the Department of Agriculture (USDA) shall terminate the Forest Service Law Enforcement and Investigations unit and cease using Forest Service employees to perform law enforcement functions on federal lands.  Also by such date, the Department of the Interior shall terminate the Bureau of Land Management Office of Law Enforcement and cease using Interior employees to perform law enforcement functions on federal lands.   Nothing in this Act shall be construed as limiting the authority of Interior or USDA to authorize an employee of the Forest Service or the Bureau of Land Management to carry a firearm for protection while in the field.  For FY2018 and each fiscal year thereafter, Interior shall make a grant to each state, determined according to a specified formula, to permit the state, directly or through subgrants with units of local government in it, to maintain law and order on federal land, protect individuals and property on federal lands, and enforce federal law.   Any state or local government receiving the grant or subgrant shall enter into an agreement with Interior or USDA, as appropriate.  In any such agreement Interior or USDA must waive all civil claims against the state or local government, and indemnify that government and save it harmless from all claims by third parties for property damage or personal injury that may arise out of law enforcement functions performed under the agreement.  A law enforcement officer of a state or local government performing law enforcement functions pursuant to such an agreement shall not, except in certain circumstances, be deemed a federal employee with respect to hours of work, compensation rates, leave, unemployment compensation, and federal benefits, among other things.

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Local Enforcement for Local Lands 
Act of 2016''.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Covered law enforcement agency.--The term ``covered law 
        enforcement agency'' means--
                    (A) the Forest Service Law Enforcement and 
                Investigations unit; and
                    (B) the Bureau of Land Management Office of Law 
                Enforcement.
            (2) Federal land.--The term ``Federal land'' means--
                    (A) any land and interest in land owned by the 
                United States within a State and included within the 
                National Forest System, including the National 
                Grasslands; and
                    (B) the public lands (as defined in section 103(e) 
                of the Federal Land Policy and Management Act of 1976 
                (43 U.S.C. 1702(e)).
            (3) Secretary concerned.--The term ``Secretary concerned'' 
        means--
                    (A) the Secretary of Agriculture, with respect to 
                Federal land described in subparagraph (A) of paragraph 
                (2); and
                    (B) the Secretary of the Interior, with respect to 
                Federal land described in subparagraph (B) of paragraph 
                (2).
            (4) State.--The term ``State'' means each of the several 
        States and the Commonwealth of Puerto Rico.
            (5) Unit of local government.--The term ``unit of local 
        government'' means--
                    (A) any city, county, township, town, borough, 
                parish, village, or other general purpose political 
                subdivision of a State; or
                    (B) an Indian tribe which performs law enforcement 
                or emergency response functions as determined by the 
                Secretary of the Interior.

SEC. 3. TERMINATION OF FOREST SERVICE AND BUREAU OF LAND MANAGEMENT 
              AGENCY LAW ENFORCEMENT AGENCIES AND LAW ENFORCEMENT 
              FUNCTIONS.

    (a) Forest Service.--Not later than September 30, 2017, the 
Secretary of Agriculture shall terminate the Forest Service Law 
Enforcement and Investigations unit and cease using employees of the 
Forest Service to perform law enforcement functions on Federal land.
    (b) Department of the Interior.--Not later than September 30, 2017, 
the Secretary of the Interior shall terminate the Bureau of Land 
Management Office of Law Enforcement and cease using employees of the 
Department of the Interior to perform law enforcement functions on 
Federal land.
    (c) Termination of Authorization of Appropriations.--Beginning with 
fiscal year 2018 and each fiscal year thereafter, no amounts are 
authorized to be appropriated to the Secretary concerned for a covered 
law enforcement agency or for Federal law enforcement functions on 
Federal land.
    (d) No Effect on Authority To Carry Firearms.--Nothing in this Act 
shall be construed to limit the authority of the Secretary concerned to 
authorize an employee of the Forest Service or the Bureau of Land 
Management to carry a firearm for protection while in the field.

SEC. 4. BLOCK GRANTS TO STATES FOR ENFORCEMENT OF FEDERAL LAW ON 
              FEDERAL LAND.

    (a) Grants Required; Formula.--For fiscal year 2018 and each fiscal 
year thereafter, the Secretary of the Interior shall make a grant to 
each State for the purpose of permitting the State, directly or through 
subgrants with units of local government in that State, to maintain law 
and order on Federal land, protect individuals and property on Federal 
land, and enforce Federal law. Grant funds shall only be allowed to be 
used to carry out law enforcement functions on Federal land.
    (b) Grant Formula.--
            (1) Percentage of federal land.--Subject to paragraph (2), 
        a State shall receive a grant under subsection (a) in an amount 
        that bears the same percentage to the amount appropriated for 
        that fiscal year under subsection (d) as the total acreage of 
        Federal land in that State bears to the total acreage of 
        Federal land in all States.
            (2) Modification to reflect visitation levels.--The 
        Secretary of the Interior shall modify the grant formula 
        specified in paragraph (1) to take into account annual 
        visitation levels at individual units of Federal land in each 
        State so that States whose Federal land receive the highest 
        number of recreational users receive additional funds for law 
        enforcement. Not later than April 1, 2017, the Secretary shall 
        submit to Congress the Secretary's proposal for modifying the 
        grant formula to reflect visitation levels.
    (c) Report on Expenditures.--A State or unit of local government 
receiving a grant or subgrant under this section shall submit to the 
Secretary of the Interior an annual report--
            (1) certifying that the grant funds were used only for the 
        Federal land law enforcement functions specified in subsection 
        (a);
            (2) accounting for all expenditures incurred by the State 
        or unit of local government in connection with performing such 
        law enforcement functions on Federal land; and
            (3) indicating whether grant funds were sufficient or 
        insufficient to cover such expenditures.
    (d) Authorization of Appropriations.--For fiscal year 2018 and each 
fiscal year thereafter, there is authorized to be appropriated to the 
Secretary of the Interior to make grants under this section--
            (1) an amount equal to at least the total amount 
        appropriated for all covered law enforcement agencies for 
        fiscal year 2016; and
            (2) such additional amounts as the Secretary considers to 
        be necessary for law enforcement functions on Federal land.

SEC. 5. STATE AND LOCAL AGREEMENTS FOR LAW ENFORCEMENT FUNCTIONS ON 
              FEDERAL LAND.

    (a) Agreement Required.--As a condition of a grant or subgrant 
under section 4, the State or unit of local government receiving the 
grant or subgrant and the Secretary concerned shall enter into an 
agreement, consistent with this section, to address the maintenance of 
law and order and the protection of individuals and property on Federal 
land.
    (b) Powers and Duties of Law Enforcement Personnel.--The agreement 
under subsection (a) between a State or unit of local government 
receiving a grant or subgrant and the Secretary concerned shall 
authorize designated law enforcement officers of the State or unit of 
local government--
            (1) to carry firearms on Federal land;
            (2) make arrests without warrant for any offense against 
        the United States committed in the presence of the law 
        enforcement officer, or for any felony cognizable under the 
        laws of the United States if the law enforcement officer has 
        reasonable grounds to believe that the individual to be 
        arrested has committed or is committing the felony, provided 
        the arrests occur on Federal land or within the State or local 
        jurisdiction of the law enforcement officer or the individual 
        to be arrested is fleeing from the Federal land;
            (3) execute 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 arising out of an offense committed on Federal land or, 
        where the individual subject to the warrant or process is on 
        Federal land, in connection with any Federal offense; and
            (4) conduct investigations of offenses against the United 
        States committed on Federal land in the absence of 
        investigation of the offenses by any other Federal law 
        enforcement agency having investigative jurisdiction over the 
        offense committed or with the concurrence of the other agency.
    (c) Indemnify and Save Harmless.--The Secretary concerned shall 
waive, in any agreement under subsection (a) with a State or unit of 
local government, all civil claims against the State or unit of local 
government and, subject to available appropriations, indemnify and save 
harmless the State or unit of local government from all claims by third 
parties for property damage or personal injury, that may arise out of 
law enforcement functions performed under the agreement.
    (d) Law Enforcement Personnel Not Deemed Federal Employees.--
            (1) In general.--Except as otherwise provided in this 
        subsection, a law enforcement officer of a State or unit of 
        local government performing law enforcement functions pursuant 
        to an agreement under subsection (a) shall not be deemed 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, leave, unemployment 
        compensation, and Federal benefits.
            (2) Exceptions.--A law enforcement officer of a State or 
        unit of local government performing law enforcement functions 
        pursuant to an agreement under subsection (a) is deemed to be--
                    (A) a Federal employee for purposes of sections 
                1346(b) and 2401(b) and chapter 171 of title 28, United 
                States Code; and
                    (B) a civil service employee of the United States 
                within the meaning of the term ``employee'' as defined 
                in section 8101 of title 5, United States Code, for 
                purposes of subchapter I of chapter 81 of such title, 
                relating to compensation to Federal employees for work 
                injuries, and the provisions of subchapter I of chapter 
                81 of such title shall apply.
    (e) Federal Investigative Jurisdiction and State Civil and Criminal 
Jurisdiction Not Preempted.--This section shall not be construed or 
applied--
            (1) to limit or restrict the investigative jurisdiction of 
        any Federal law enforcement agency other than a covered law 
        enforcement agency; and
            (2) to affect any right of a State or unit of local 
        government to exercise civil and criminal jurisdiction on 
        Federal land.
    (f) Conforming Amendments.--
            (1) Forest service.--Section 15003 of the National Forest 
        System Drug Control Act of 1986 (16 U.S.C. 559c) is repealed.
            (2) Bureau of land management.--Section 303(c)(2) of the 
        Federal Land Policy and Management Act of 1976 (43 U.S.C. 
        1733(c)(2)) is amended by striking ``may authorize Federal 
        personnel or'' and inserting ``shall authorize''.