§ 1a-6. — Law enforcement personnel within National Park System.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 16USC1a-6]
TITLE 16--CONSERVATION
CHAPTER 1--NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER I--NATIONAL PARK SERVICE
Sec. 1a-6. Law enforcement personnel within National Park System
(a) Omitted
(b) Designation authority of Secretary; powers and duties of designees
In addition to any other authority 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 areas of the National Park
System. In the performance of such duties, the officers or employees, so
designated, may--
(1) carry firearms and make arrests without warrant for any
offense against the United States committed in his presence, or for
any felony cognizable under the laws of the United States if he has
reasonable grounds to believe that the person to be arrested has
committed or is committing such felony, provided such arrests occur
within that system or the person to be arrested is fleeing therefrom
to avoid arrest;
(2) 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 that system or, where the
person subject to the warrant or process is in that system, in
connection with any Federal offense; and
(3) conduct investigations of offenses against the United States
committed in that system in the absence of investigation thereof by
any other Federal law enforcement agency having investigative
jurisdiction over the offense committed or with the concurrence of
such other agency.
(c) Supplemental special policemen; designation authority of Secretary;
cooperation with State officials in enforcement of State law;
reimbursement to State; concurrent jurisdiction; delegation of
enforcement responsibilities
The Secretary of the Interior is hereby authorized to--
(1) 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 policemen in areas of the National Park System when
supplemental law enforcement personnel may be needed, and to
exercise the powers and authority provided by paragraphs (1), (2),
and (3) of subsection (b) of this section;
(2) cooperate, within the National Park System, with any State
or political subdivision thereof in the enforcement of supervision
of the laws or ordinances of that State or subdivision;
(3) mutually waive, in any agreement pursuant to paragraphs (1)
and (2) of this subsection or pursuant to subsection (b)(1) of this
section with any State or political subdivision thereof where State
law requires such waiver and indemnification, any and all civil
claims against all the other parties thereto and, subject to
available appropriations, indemnify and save harmless the other
parties to such agreement from all claims by third parties for
property damage or personal injury, which may arise out of the
parties' activities outside their respective jurisdictions under
such agreement; and
(4) provide limited reimbursement, to a State or its political
subdivisions, in accordance with such regulations as he 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 that system which
were rendered pursuant to paragraph (1) of this subsection.
The authorities provided by this subsection shall supplement the law
enforcement responsibilities of the National Park Service, and shall not
authorize the delegation of law enforcement responsibilities of the
agency to State and local governments.
(d) Special policemen not deemed Federal employees; exceptions
(1) Except as otherwise provided in this subsection, a law
enforcement officer of any State or political subdivision thereof
designated to act as a special policeman under subsection (c) of this
section 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.
(2) For purposes of the tort claim provisions of title 28, a law
enforcement officer of any State or political subdivision thereof shall,
when acting as a special policeman under subsection (c) of this section,
be considered a Federal employee.
(3) For purposes of subchapter I of chapter 81 of title 5, 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 subsection (c) of this section
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.
(e) Federal investigative jurisdiction and State civil and criminal
jurisdiction not preempted within National Park System
Nothing contained in this Act shall be construed or applied to limit
or restrict the investigative jurisdiction of any Federal law
enforcement agency other than the National Park Service, and nothing
shall be construed or applied to affect any right of a State or a
political subdivision thereof to exercise civil and criminal
jurisdiction within the National Park System.
(Pub. L. 91-383, Sec. 10, as added Pub. L. 94-458, Sec. 2, Oct. 7, 1976,
90 Stat. 1941; amended Pub. L. 106-437, Sec. 2, Nov. 6, 2000, 114 Stat.
1920.)
References in Text
This Act, referred to in subsec. (e), is Pub. L. 91-383, Aug. 18,
1970, 84 Stat. 825, as amended. As originally enacted, Pub. L. 91-383
contained sections 1 to 4, the first 3 of which enacted sections 1a-1
and 1a-2 and amended sections 1b and 1c of this title. Pub. L. 94-458
amended Pub. L. 91-383 by adding sections 5 to 12, which enacted
sections 1a-3 to 1a-7, amended sections 17j, 460n-5, 463, 470a, and 559,
and repealed sections 10, 10a, 17b-1, and 415 of this title. Pub. L.
103-322 amended Pub. L. 91-383 by adding section 13, which enacted
section 1a-7a of this title. For complete classification of this Act to
the Code, see Tables.
Codification
Section is comprised of section 10 of Pub. L. 91-383, as added.
Subsec. (a) of section 10 of Pub. L. 91-383 amended sections 460n-5 and
559 of this title and repealed sections 10, 10a, and 415 of this title.
Amendments
2000--Subsec. (c). Pub. L. 106-437 struck out ``and'' at end of par.
(2), added par. (3), redesignated former pars. (3) and (4) as (4) and
(5), respectively, and in par. (5) substituted ``The'' for ``(5) the''
and aligned left margin with introductory provisions.
