PUBLIC LAW 107–69—NOV. 12, 2001 115 STAT. 593

Public Law 107–69

107th Congress

An Act

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,

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 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).

43 USC 373b.

Nov. 12, 2001

[H.R. 2925]

115 STAT. 594 PUBLIC LAW 107–69—NOV. 12, 2001

(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

Applicability.

PUBLIC LAW 107–69—NOV. 12, 2001 115 STAT. 595

LEGISLATIVE HISTORY—H.R. 2925:

CONGRESSIONAL RECORD, Vol. 147 (2001):

Oct. 23, considered and passed House.

Oct. 30, considered and passed Senate.

Æ

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.

SEC. 2. DEFINITIONS.

In this Act:

(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).

Approved November 12, 2001.

43 USC 373c.