
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 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.
