II
107TH CONGRESS
1ST SESSION
H. R. 2925
IN THE SENATE OF THE UNITED STATES
OCTOBER 24, 2001
Received
AN ACT
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,
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SECTION. 1. LAW ENFORCEMENT AUTHORITY AT BUREAU
OF RECLAMATION FACILITIES.
(a) PUBLIC SAFETY REGULATIONS.—The Secretary
of the Interior shall issue regulations necessary to main-
tain law and order and protect persons and property with-
in Reclamation projects and on Reclamation lands.
(b) VIOLATIONS; CRIMINAL PENALTIES.—Any per-
son 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, impris-
oned for not more than 6 months, or both. Any person
charged with a violation of a regulation issued under sub-
section (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 pro-
vided for in section 3401 of title 18, United States Code.
(c) AUTHORIZATION OF LAW ENFORCEMENT OFFI-
CERS.—The Secretary of the Interior may—
(1) authorize law enforcement personnel from
the Department of the Interior to act as law enforce-
ment officers to enforce Federal laws and regula-
tions within a Reclamation project or on Reclama-
tion lands;
(2) authorize law enforcement personnel of any
other Federal agency that has law enforcement au-
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thority (with the exception of the Department of De-
fense) 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 Rec-
lamation lands with such enforcement powers as
may be so assigned to them by the Secretary;
(3) cooperate with any State or local govern-
ment, including an Indian tribe, in the enforcement
of the laws or ordinances of that State or local gov-
ernment; and
(4) provide reimbursement to a State or local
government, including an Indian tribe, for expendi-
tures incurred in connection with activities under
paragraph (2).
(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
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(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 Rec-
lamation 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 of-
fense 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 EN-
FORCEMENT OFFICERS.—
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(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, author-
ized to act as a law enforcement officer under sub-
section (c) shall not be deemed to be a Federal em-
ployee 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 Fed-
eral 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 super-
vision and control, and only when carrying out Fed-
eral law enforcement responsibilities, be considered a
Federal employee.
(3) AVAILABILITY
OF
WORKERS
COMPENSA-
TION.—For purposes of subchapter I of chapter 81
of title 5, United States Code, relating to compensa-
tion to Federal employees for work injuries, a law
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enforcement officer of any State or local govern-
ment, 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 of that subchapter shall apply. Bene-
fits 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 enforce-
ment 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 pro-
vided 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.
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SEC. 2. DEFINITIONS.
In this Act:
(1) LAW
ENFORCEMENT
PERSONNEL.—The
term ‘‘law enforcement personnel’’ means an em-
ployee of a Federal, State, or local government agen-
cy, including an Indian tribal agency, who has suc-
cessfully completed law enforcement training ap-
proved by the Secretary and is authorized to carry
firearms, make arrests, and execute service of proc-
ess 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).
Passed the House of Representatives October 23,
2001.
Attest:
JEFF TRANDAHL,
Clerk.