Calendar No. 636

103D CONGRESS

2D SESSION S. 2266

[Report No. 103–382]

A BILL

To amend the Recreation Management Act of

1992, and for other purposes.

SEPTEMBER 26 (legislative day, SEPTEMBER 12), 1994

Reported with an amendment
II

Calendar No. 636

103D CONGRESS

2D SESSION S. 2266

[Report No. 103–382]

To amend the Recreation Management Act of 1992, and for other purposes.

IN THE SENATE OF THE UNITED STATES

JULY 1 (legislative day, JUNE 7), 1994

Mr. BRADLEY (by request) introduced the following bill; which was read twice

and referred to the Committee on Energy and Natural Resources

SEPTEMBER 26 (legislative day, SEPTEMBER 12), 1994

Reported by Mr. JOHNSTON, with an amendment

[Strike out all after the enacting clause and insert the part printed in italic]

A BILL

To amend the Recreation Management Act of 1992, and

for other purposes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 That section 2805 of the Recreation Management Act of

4 1992 (16 U.S.C. 460l–31) is amended by adding at the

5 end the following:
2

S 2266 RS

1 ‘‘(e) PENALTY.—Any person who violates any regula2 tion issued under subsection (a)(2) shall be fined in ac3 cordance with title 18, United States Code, or imprisoned

4 not more than 6 months, or both, (and may be adjudged

5 to pay all costs of the proceedings).

6 ‘‘(f) LAW ENFORCEMENT OFFICERS.—

7 ‘‘(1) BUREAU OF RECLAMATION LAW ENFORCE8 MENT OFFICERS.—In addition to any other authori9 ties conferred by law, the Secretary of the Interior

10 is authorized to designate, pursuant to standards

11 prescribed in regulations by the Secretary, certain

12 officers or employees of the Department of the Inte13 rior who shall maintain law and order and protect

14 persons and property within the areas subject to the

15 jurisdiction of the Bureau of Reclamation. In the

16 performance of such duties, the officers or employees

17 so designated may—

18 ‘‘(A) carry firearms and make arrests

19 without warrant for any offense against the

20 United States committed in their presence, or

21 for any felony cognizable under the laws of the

22 United States if they have reasonable grounds

23 to believe that the person to be arrested has

24 committed or is committing such a felony, if

25 such arrests occur within such areas of jurisdic-
3

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1 tion of the Bureau or the person to be arrested

2 is fleeing therefrom to avoid arrest;

3 ‘‘(B) execute any warrant or other process

4 issued by a court or officer of competent juris5 diction for the enforcement of the provisions of

6 any Federal law or regulation issued pursuant

7 to law arising out of an offense committed in a

8 Bureau of Reclamation project or, where the

9 person subject to the warrant or process is in

10 that project, in connection with any Federal of11 fense; and

12 ‘‘(C) conduct investigations of offenses

13 against the United States committed in the ju14 risdiction of the Bureau of Reclamation in the

15 absence of investigation thereof by any other

16 Federal law enforcement agency having inves17 tigative jurisdiction over the offenses committed

18 or with the concurrence of such other agency;

19 ‘‘(2) SPECIAL POLICE.—The Secretary, acting

20 through the Commissioner, may—

21 ‘‘(A) designate officers and employees of

22 any other Federal agency or law enforcement

23 personnel of any State or political subdivision

24 thereof, when deemed economical and in the

25 public interest and with the concurrence of that
4

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1 agency or that State or subdivision, to act as

2 special police in the areas under the jurisdiction

3 of the Bureau of Reclamation when supple4 mental law enforcement personnel may be need5 ed and to exercise the powers, specified in para6 graph (1);

7 ‘‘(B) cooperate with the Bureau of Rec8 lamation system and with any State, or political

9 subdivision thereof, in the enforcement or su10 pervision of the laws or ordinances of that State

11 or subdivisions; and

12 ‘‘(C) provide limited reimbursement, to a

13 State or its political subdivisions, in accordance

14 with such regulations as the Secretary may pre15 scribe, where the State has ceded concurrent

16 legislative jurisdiction over the affected area of

17 the Bureau of Reclamation system, for expendi18 tures incurred in connection with the activities

19 of the State or political subdivision within the

20 Bureau project which were rendered pursuant

21 to this paragraph; and

22 ‘‘(D) perform any other law enforcement

23 duty specified by the Secretary of the Interior.

24 ‘‘(3) RULES RELATING TO SPECIAL OFFI25 CERS.—
5

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1 ‘‘(A) Except as otherwise provided in this

2 subsection, a law enforcement officer of any

3 State or political subdivision thereof designated

4 to act as special police under paragraph (2)

5 shall not be deemed a Federal employee and

6 shall not be subject to the provisions of law re7 lating to Federal employment, including (but

8 not limited to) those relating to hours of work,

9 rates of compensation, leave, unemployment

10 compensation, and Federal benefits.

11 ‘‘(B) For purposes of the tort claim provi12 sions of title 28, United States Code, a law en13 forcement officer of any State or political sub14 division thereof shall, when acting as special po15 lice under paragraph (2), be considered a Fed16 eral employee.

17 ‘‘(C) For purposes of subchapter I of chap18 ter 81 of title 5, United States Code, relating

19 to compensation to Federal employees for work

20 injuries, a law enforcement officer of any State

21 or political subdivision thereof shall, when act22 ing as a special policeman under paragraph (2),

23 be deemed to be a civil service employee of the

24 United States within the meaning of the term

25 ‘employee’ as defined in section 8101 of title 5,
6

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1 United States Code, and the provisions of that

2 subchapter shall apply.

3 ‘‘(4) STATUS OF AUTHORITIES.—The authori4 ties provided by this subsection shall supplement the

5 law enforcement responsibilities of the Bureau of

6 Reclamation and shall not authorize the delegation

7 of law enforcement responsibilities of the Bureau of

8 State and local governments.

9 ‘‘(g) REGULATIONS CONCERNING OTHER ACTIVI10 TIES.—The Secretary, acting through the Commissioner,

11 shall enforce regulations issued under subsection (a)(2)

12 concerning boating and other activities on or relating to

13 waters located within areas of the Bureau of Reclamation,

14 including waters subject to the jurisdiction of the United

15 States.

16 ‘‘(h) SAVINGS.—Nothing contained in this title shall

17 be construed or applied to limit or restrict the investigative

18 jurisdiction of any Federal law enforcement agency other

19 than the Bureau of Reclamation, and nothing shall be con20 strued or applied to affect any right of a State or political

21 subdivision thereof to exercise civil and criminal jurisdic22 tion within any of the Bureau of Reclamation projects.’’.

23 That section 2805 of the Recreation Management Act of

24 1992 (16 U.S.C. 4601–31) is amended by adding at the end

25 the following:
7

S 2266 RS

1 ‘‘(e) PENALTY.—Any person who violates any regula2 tion issued under subsection (a)(2) shall be fined in accord3 ance with title 18, United States Code, or imprisoned not

4 more than 6 months, or both, (and may be adjudged to pay

5 all costs of the proceedings).

6 ‘‘(f) LAW ENFORCEMENT OFFICERS.—

7 ‘‘(1) BUREAU OF RECLAMATION LAW ENFORCE8 MENT OFFICERS.—In addition to any other authori9 ties conferred by law, the Secretary of the Interior is

10 authorized to designate, pursuant to standards pre11 scribed in regulations by the Secretary, certain offi12 cers or employees of the Department of the Interior

13 who shall maintain law and order and protect per14 sons and property within the areas subject to the ju15 risdiction of the Bureau of Reclamation. In the per16 formance of such duties, the officers or employees so

17 designated may—

18 ‘‘(A) carry firearms and make arrests with19 out warrant for any offense against the United

20 States committed in their presence, or for any

21 felony cognizable under the laws of the United

22 States if they have reasonable grounds to believe

23 that the person to be arrested has committed or

24 is committing such a felony, if such arrests occur

25 within such areas of jurisdiction of the Bureau
8

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1 or the person to be arrested is fleeing therefrom

2 the avoid arrest;

3 ‘‘(B) execute any warrant or other process

4 issued by a court or officer of competent jurisdic5 tion for the enforcement of the provisions of any

6 Federal law or regulation issued pursuant to law

7 arising out of an offense committed in an area

8 subject to the jurisdiction of the Bureau of Rec9 lamation project, or, where the person subject to

10 the warrant or process is in an area of Reclama11 tion’s jurisdiction, in connection with any Fed12 eral offense;

13 ‘‘(C) conduct investigations of offenses

14 against the United States committed in the ju15 risdiction of the Bureau of Reclamation in the

16 absence of investigation thereof by any other

17 Federal law enforcement agency having inves18 tigative jurisdiction over the offenses committed

19 or with the concurrence of such other agency;

20 ‘‘(D) cooperate with any State, or political

21 subdivision thereof, in the enforcement or super22 vision of the laws or ordinances of that State or

23 subdivisions; and

24 ‘‘(E) perform any other law enforcement

25 duty specified by the Secretary of the Interior.
9

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1 ‘‘(2) SPECIAL OFFICERS.—The Secretary, acting

2 through the Commissioner, may—

3 ‘‘(A) designate officers and employees of any

4 other Federal agency or law enforcement person5 nel of any State or political subdivision thereof,

6 when deemed economical and in the public inter7 est and with the concurrence of that agency or

8 that State or subdivision, to act as special offi9 cers in the areas under the jurisdiction of the

10 Bureau of Reclamation when supplemental law

11 enforcement personnel may be needed and to ex12 ercise the powers, specified in paragraph (1);

13 and

14 ‘‘(B) provide limited reimbursement, to a

15 State or its political subdivisions, in accordance

16 with such regulations as the Secretary may pre17 scribe, where the State has ceded concurrent leg18 islative jurisdiction over the affected area of the

19 Bureau of Reclamation system, for expenditures

20 incurred in connection with the activities of the

21 State of political subdivision within the Bureau

22 project which were rendered pursuant to this

23 paragraph.

24 ‘‘(3) RULES RELATING TO SPECIAL OFFICERS.—
10

S 2266 RS

1 ‘‘(A) Except as otherwise provided in this

2 subsection, a law enforcement officer of any

3 State or political subdivision thereof designated

4 to act as a special officer under paragraph (2)

5 shall not be deemed a Federal employee and shall

6 not be subject to the provisions of law relating to

7 Federal employment, including (but not limited

8 to) those relating to hours of work, rates of com9 pensation, leave, unemployment compensation,

10 and Federal benefits.

11 ‘‘(B) For purposes of the tort claim provi12 sions of title 28, United States Code, a law en13 forcement officer of any State or political sub14 division thereof shall, when acting as a special

15 officer under paragraph (2), be considered a Fed16 eral employee.

17 ‘‘(C) For purposes of subchapter I of chap18 ter 81 of title 5, United States Code, relating to

19 compensation to Federal employees for work in20 juries, a law enforcement officer of any State or

21 political subdivision thereof shall, when acting as

22 a special officer under paragraph (2), be deemed

23 to be a civil service employee of the United

24 States within the meaning of the ‘employee’ as

25 defined in section 8101 of title 5, United States
11

S 2266 RS

1 Code, and the provisions of that subchapter shall

2 apply.

3 ‘‘(4) STATUS OF AUTHORITIES.—The authorities

4 provided by this subsection shall supplement the law

5 enforcement responsibilities of the Bureau of Rec6 lamation and shall not authorize the delegation of law

7 enforcement responsibilities of the Bureau of State

8 and local governments.

9 ‘‘(g) JURISDICTION.—Nothing contained in this title

10 shall be construed or applied to limit or restrict the inves11 tigative jurisdiction of any Federal law enforcement agency

12 other than the Bureau of Reclamation, and nothing shall

13 be construed or applied to affect any right of a State or

14 political subdivision thereof to exercise civil and criminal

15 jurisdiction within any of the Bureau of Reclamation

16 projects.’’.