II

103D CONGRESS

2D SESSION S. 2266

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

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:

6 ‘‘(e) PENALTY.—Any person who violates any regula7 tion issued under subsection (a)(2) shall be fined in ac8 cordance with title 18, United States Code, or imprisoned

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

10 to pay all costs of the proceedings).

11 ‘‘(f) LAW ENFORCEMENT OFFICERS.—
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1 ‘‘(1) BUREAU OF RECLAMATION LAW ENFORCE2 MENT OFFICERS.—In addition to any other authori3 ties conferred by law, the Secretary of the Interior

4 is authorized to designate, pursuant to standards

5 prescribed in regulations by the Secretary, certain

6 officers or employees of the Department of the Inte7 rior who shall maintain law and order and protect

8 persons and property within the areas subject to the

9 jurisdiction of the Bureau of Reclamation. In the

10 performance of such duties, the officers or employees

11 so designated may—

12 ‘‘(A) carry firearms and make arrests

13 without warrant for any offense against the

14 United States committed in their presence, or

15 for any felony cognizable under the laws of the

16 United States if they have reasonable grounds

17 to believe that the person to be arrested has

18 committed or is committing such a felony, if

19 such arrests occur within such areas of jurisdic20 tion of the Bureau or the person to be arrested

21 is fleeing therefrom to avoid arrest;

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

23 issued by a court or officer of competent juris24 diction for the enforcement of the provisions of

25 any Federal law or regulation issued pursuant
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1 to law arising out of an offense committed in a

2 Bureau of Reclamation project or, where the

3 person subject to the warrant or process is in

4 that project, in connection with any Federal of5 fense; and

6 ‘‘(C) conduct investigations of offenses

7 against the United States committed in the ju8 risdiction of the Bureau of Reclamation in the

9 absence of investigation thereof by any other

10 Federal law enforcement agency having inves11 tigative jurisdiction over the offenses committed

12 or with the concurrence of such other agency.

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

14 through the Commissioner, may—

15 ‘‘(A) designate officers and employees of

16 any other Federal agency or law enforcement

17 personnel of any State or political subdivision

18 thereof, when deemed economical and in the

19 public interest and with the concurrence of that

20 agency or that State or subdivision, to act as

21 special police in the areas under the jurisdiction

22 of the Bureau of Reclamation when supple23 mental law enforcement personnel may be need24 ed and to exercise the powers, specified in para25 graph (1);
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1 ‘‘(B) cooperate with the Bureau of Rec2 lamation system and with any State, or political

3 subdivision thereof, in the enforcement or su4 pervision of the laws or ordinances of that State

5 or subdivisions; and

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

7 State or its political subdivisions, in accordance

8 with such regulations as the Secretary may pre9 scribe, where the State has ceded concurrent

10 legislative jurisdiction over the affected area of

11 the Bureau of Reclamation system, for expendi12 tures incurred in connection with the activities

13 of the State or political subdivision within the

14 Bureau project which were rendered pursuant

15 to this paragraph; and

16 ‘‘(D) perform any other law enforcement

17 duty specified by the Secretary of the Interior.

18 ‘‘(3) RULES RELATING TO SPECIAL OFFI19 CERS.—

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

21 subsection, a law enforcement officer of any

22 State or political subdivision thereof designated

23 to act as special police under paragraph (2)

24 shall not be deemed a Federal employee and

25 shall not be subject to the provisions of law re-
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1 lating to Federal employment, including (but

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

3 rates of compensation, leave, unemployment

4 compensation, and Federal benefits.

5 ‘‘(B) For purposes of the tort claim provi6 sions of title 28, United States Code, a law en7 forcement officer of any State or political sub8 division thereof shall, when acting as special po9 lice under paragraph (2), be considered a Fed10 eral employee.

11 ‘‘(C) For purposes of subchapter I of chap12 ter 81 of title 5, United States Code, relating

13 to compensation to Federal employees for work

14 injuries, a law enforcement officer of any State

15 or political subdivision thereof shall, when act16 ing as a special policeman under paragraph (2),

17 be deemed to be a civil service employee of the

18 United States within the meaning of the term

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

20 United States Code, and the provisions of that

21 subchapter shall apply.

22 ‘‘(4) STATUS OF AUTHORITIES.—The authori23 ties provided by this subsection shall supplement the

24 law enforcement responsibilities of the Bureau of

25 Reclamation and shall not authorize the delegation
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1 of law enforcement responsibilities of the Bureau of

2 State and local governments.

3 ‘‘(g) REGULATIONS CONCERNING OTHER ACTIVI4 TIES.—The Secretary, acting through the Commissioner,

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

6 concerning boating and other activities on or relating to

7 waters located within areas of the Bureau of Reclamation,

8 including waters subject to the jurisdiction of the United

9 States.

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

11 be construed or applied to limit or restrict the investigative

12 jurisdiction of any Federal law enforcement agency other

13 than the Bureau of Reclamation, and nothing shall be con14 strued or applied to affect any right of a State or political

15 subdivision thereof to exercise civil and criminal jurisdic16 tion within any of the Bureau of Reclamation projects.’’.

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