[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[S. 2266 Introduced in Senate (IS)]
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.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That section 2805 of
the Recreation Management Act of 1992 (16 U.S.C. 460l-31) is amended by
adding at the end the following:
``(e) Penalty.--Any person who violates any regulation issued under
subsection (a)(2) shall be fined in accordance with title 18, United
States Code, or imprisoned not more than 6 months, or both, (and may be
adjudged to pay all costs of the proceedings).
``(f) Law Enforcement Officers.--
``(1) Bureau of reclamation law enforcement officers.--In
addition to any other authorities conferred by law, the
Secretary of the Interior is authorized to designate, pursuant
to standards prescribed in regulations by the Secretary,
certain officers or employees of the Department of the Interior
who shall maintain law and order and protect persons and
property within the areas subject to the jurisdiction of the
Bureau of Reclamation. In the performance of such duties, the
officers or employees so designated may--
``(A) carry firearms and make arrests without
warrant 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 person to
be arrested has committed or is committing such a
felony, if such arrests occur within such areas of
jurisdiction of the Bureau or the person to be arrested
is fleeing therefrom to avoid arrest;
``(B) execute 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 arising out of an
offense committed in a Bureau of Reclamation project
or, where the person subject to the warrant or process
is in that project, in connection with any Federal
offense; and
``(C) conduct investigations of offenses against
the United States committed in the jurisdiction of the
Bureau of Reclamation in the absence of investigation
thereof by any other Federal law enforcement agency
having investigative jurisdiction over the offenses
committed or with the concurrence of such other agency.
``(2) Special police.--The Secretary, acting through the
Commissioner, may--
``(A) designate officers and employees of any other
Federal agency or law enforcement personnel of any
State or political subdivision thereof, when deemed
economical and in the public interest and with the
concurrence of that agency or that State or
subdivision, to act as special police in the areas
under the jurisdiction of the Bureau of Reclamation
when supplemental law enforcement personnel may be
needed and to exercise the powers, specified in
paragraph (1);
``(B) cooperate with the Bureau of Reclamation
system and with any State, or political subdivision
thereof, in the enforcement or supervision of the laws
or ordinances of that State or subdivisions; and
``(C) provide limited reimbursement, to a State or
its political subdivisions, in accordance with such
regulations as the Secretary may prescribe, where the
State has ceded concurrent legislative jurisdiction
over the affected area of the Bureau of Reclamation
system, for expenditures incurred in connection with
the activities of the State or political subdivision
within the Bureau project which were rendered pursuant
to this paragraph; and
``(D) perform any other law enforcement duty
specified by the Secretary of the Interior.
``(3) Rules relating to special officers.--
``(A) Except as otherwise provided in this
subsection, a law enforcement officer of any State or
political subdivision thereof designated to act as
special police under paragraph (2) shall not be deemed
a Federal employee and shall not be subject to the
provisions of law relating to Federal employment,
including (but not limited to) those relating to hours
of work, rates of compensation, leave, unemployment
compensation, and Federal benefits.
``(B) For purposes of the tort claim provisions of
title 28, United States Code, a law enforcement officer
of any State or political subdivision thereof shall,
when acting as special police under paragraph (2), 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 political
subdivision thereof shall, when acting as a special
policeman under paragraph (2), be deemed to be a civil
service employee of the United States within the
meaning of the term `employee' as defined in section
8101 of title 5, United States Code, and the provisions
of that subchapter shall apply.
``(4) Status of authorities.--The authorities provided by
this subsection shall supplement the law enforcement
responsibilities of the Bureau of Reclamation and shall not
authorize the delegation of law enforcement responsibilities of
the Bureau of State and local governments.
``(g) Regulations Concerning Other Activities.--The Secretary,
acting through the Commissioner, shall enforce regulations issued under
subsection (a)(2) concerning boating and other activities on or
relating to waters located within areas of the Bureau of Reclamation,
including waters subject to the jurisdiction of the United States.
``(h) Savings.--Nothing contained in this title shall be construed
or applied to limit or restrict the investigative jurisdiction of any
Federal law enforcement agency other than the Bureau of Reclamation,
and nothing shall be construed or applied to affect any right of a
State or political subdivision thereof to exercise civil and criminal
jurisdiction within any of the Bureau of Reclamation projects.''.
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