(a)
Officers and Employees of the Department of the
Interior.—
(1)
Designation authority of secretary.—
The Secretary, pursuant to standards prescribed in regulations by the
Secretary, may designate certain officers or employees of the Department of
the Interior who shall maintain law and order and protect individuals and
property within System units.
(2)
Powers and duties of designees.—
In the performance of the duties described in paragraph (1), the
designated officers or employees may—
(A)
carry firearms;
(B)
make arrests without warrant for any offense against the United
States committed in the presence of the officer or employee, or for any
felony cognizable under the laws of the United States if the officer or
employee has reasonable grounds to believe that the individual to be
arrested has committed or is committing the felony, provided the arrests
occur within the System or the individual to be arrested is fleeing from
the System to avoid arrest;
(C)
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 the System or, where the individual subject to the
warrant or process is in the System, in connection with any Federal
offense; and
(D)
conduct investigations of offenses against the United States
committed in the System in the absence of investigation of the offenses
by any other Federal law enforcement agency having investigative
jurisdiction over the offense committed or with the concurrence of the
other agency.
(b)
Special Police Officers.—
(1)
In general.—
The Secretary may designate officers and employees of any other Federal
agency, or law enforcement personnel of a State or political subdivision of
a State, when determined to be economical and in the public interest and
with the concurrence of that agency, State, or subdivision, to—
(A)
act as special police officers in System units when supplemental
law enforcement personnel may be needed; and
(B)
exercise the powers and authority provided by subparagraphs (A) to
(D) of subsection (a)(2).
(2)
Cooperation with states and political
subdivisions.—
The Secretary may—
(A)
cooperate, within the System, with any State or political
subdivision of a State in the enforcement of supervision of the laws or
ordinances of that State or subdivision;
(B)
mutually waive, in any agreement pursuant to subparagraph (A) and
paragraph (1) or pursuant to subparagraphs (A) and (B) of subsection
(a)(2) with any State or political subdivision of a State where State
law requires the waiver and indemnification, all civil claims against
all the other parties to the agreement and, subject to available
appropriations, indemnify and save harmless the other parties to the
agreement from all claims by third parties for property damage or
personal injury, that may arise out of the parties’ activities outside
their respective jurisdictions under the agreement; and
(C)
provide limited reimbursement, to a State or political subdivisions
of a State, in accordance with such regulations as the Secretary may
prescribe, where the State has ceded concurrent legislative jurisdiction
over the affected area of the System, for expenditures incurred in
connection with its activities within the System that were rendered
pursuant to paragraph (1).
(3)
Supplemental authority; delegation of
service law enforcement responsibilities not authorized.—
Paragraphs (1) and (2) supplement the law enforcement responsibilities
of the Service and do not authorize the delegation of law enforcement
responsibilities of the Service to State or local governments.
(4)
Special police officers not deemed federal
employees.—
(A)
In general.—
Except as otherwise provided in this subsection, a law enforcement
officer of a State or political subdivision of a State designated to act
as a special police officer under paragraph (1) shall not be deemed 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, leave, unemployment compensation, and
Federal benefits.
(B)
Exceptions.—
A law enforcement officer of a State or political subdivision of a
State, when acting as a special police officer under paragraph (1), is
deemed to be—
(i)
a Federal employee for purposes of sections 1346(b) and 2401(b)
and chapter 171 of title 28; and
(ii)
a civil service employee of the United States within the
meaning of the term “employee” as defined in section 8101 of title 5, for
purposes of subchapter I of chapter 81 of title 5, relating to
compensation to Federal employees for work injuries, and the
provisions of subchapter I of chapter 81 of title 5 shall apply.
(c)
Federal Investigative Jurisdiction and State
Civil and Criminal Jurisdiction Not Preempted.—
This section and sections 100101(b), 100502, 100507, 100751(b), 100754,
100901(b) and (c), 100906(a) and (d), 101302(b)(1) and (c) to (e), 101306,
101702(b) and (c), 101901, 102102, and 102702 of this title shall not be
construed or applied to limit or restrict the investigative jurisdiction of any
Federal law enforcement agency other than the Service, and nothing shall be
construed or applied to affect any right of a State or political subdivision of
a State to exercise civil and criminal jurisdiction within the System.