I
106TH CONGRESS
2D SESSION
H. R. 4948
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.
IN THE HOUSE OF REPRESENTATIVES
JULY 25, 2000
Mr. DOOLEY of California (by request) introduced the following bill; which was
referred to the Committee on Resources
A BILL
To amend the Reclamation Recreation Management Act of
1992 in order to provide for the security of dams, facili-
ties, and resources under the jurisdiction of the Bureau
of Reclamation.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
That section 2805(a) of the Act of October 30, 1992 (106
Stat. 4692; 16 U.S.C. 460l–33(a)), is amended by adding
at the end the following:
‘‘(3) Any person who violates any such regulation
which is lawfully issued pursuant to this Act shall be fined
under title 18, United States Code, imprisoned not more
‘‘(C) cooperate with any State or local govern-
ment, including Indian tribes, in the enforcement of
the laws or ordinances of that State or subdivision;
and
‘‘(D) provide reimbursement to a State or local
government, including Indian tribes, for expendi-
tures incurred in connection with activities under
subparagraph (B).
‘‘(5) Officers or employees designated or authorized
by the Secretary under paragraph (4) are authorized to—
‘‘(A) carry firearms within a Reclamation
project or on Reclamation lands and make arrests
without warrants for any offense against the United
States committed in their presence, or for any felony
cognizable under the laws of the United States if
they have reasonable grounds to believe that the per-
son to be arrested has committed or is committing
such a felony, and if such arrests occur within a
Reclamation project or on Reclamation lands or the
person to be arrested is fleeing therefrom to avoid
arrest;
‘‘(B) 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 an of-
fense committed within a Reclamation project or on
Reclamation lands; and
‘‘(C) conduct investigations within a Reclama-
tion project or on Reclamation lands of offenses
against the United States committed within a Rec-
lamation project or on Reclamation lands in the ab-
sence of investigation thereof by any other Federal
law enforcement agency having investigative jurisdic-
tion over the offense committed or with the concur-
rence of such other agency.
‘‘(6)(A) Except as otherwise provided in this para-
graph, a law enforcement officer of any State or local gov-
ernment, including Indian tribes, designated to act as a
law enforcement officer under paragraph (4) shall not be
deemed a Federal employee and shall not be subject to
the provisions of law relating to Federal employment, in-
cluding, but not limited to, those relating to hours of work,
rates of compensation, leave, unemployment compensa-
tion, and Federal benefits.
‘‘(B) For purposes of chapter 171 of title 28, United
States Code, popularly known as the Federal Tort Claims
Act, a law enforcement officer of any State or local govern-
ment, including Indian tribes, shall, when acting as a des-
ignated law enforcement officer under paragraph (4) and
while under Federal supervision and control, and only
when carrying out Federal law enforcement responsibil-
ities, be considered a Federal employee.
‘‘(C) 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 Indian
tribes, shall, when acting as a designated law enforcement
officer under paragraph (4) and while under Federal su-
pervision 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 of that subchapter shall apply. Benefits
under this 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.
‘‘(7) Nothing in paragraphs (3) through (9) 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 Indian tribes, to exercise civil and criminal juris-
diction within a Reclamation project or on Reclamation
lands.
‘‘(8) For the purposes of this subsection, the term
‘law enforcement personnel’ means employees of a Fed-
eral, State, or local government agency, including an In-
dian tribal agency, who have successfully completed law
enforcement training and are authorized to carry firearms,
make arrests, and execute services of process to enforce
criminal laws of their employing jurisdiction.
‘‘(9) The law enforcement authorities provided for in
this subsection may be exercised only pursuant to rules
and regulations promulgated by the Secretary and ap-
proved by the Attorney General.’’.
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