Pub.L. 107-070 Making further continuing appropriations for the fiscal year 2002, and for other purposes. <> ...

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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. <<NOTE: Nov. 12, 
                         2001 -  [H.R. 2925]>> 

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

SECTION. 1. <<NOTE: 43 USC 373b.>> 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).

[[Page 115 STAT. 594]]

    (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) <<NOTE: Applicability.>> 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

[[Page 115 STAT. 595]]

        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. <<NOTE: 43 USC 373c.>> 

    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.

LEGISLATIVE HISTORY--H.R. 2925:
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CONGRESSIONAL RECORD, Vol. 147 (2001):
            Oct. 23, considered and passed House.
            Oct. 30, considered and passed Senate.

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