§102701 — Title 54 National Park Service and Related Programs | U.S. Code

Summary

The Secretary may name certain Department of the Interior officers or employees, under rules the Secretary sets, to keep order and protect people and property inside System units. Those named may carry firearms, arrest without a warrant for crimes they see or for felonies if they have reasonable grounds to believe the person committed the crime (as long as the arrest is inside the System or the person is fleeing from it), serve warrants and other court orders, and investigate federal crimes in the System when no other federal agency is handling the case or with that agency’s agreement. The Secretary can also name other federal, State, or local officers to serve as special police when it makes sense and they agree. Special police get the same powers listed above. The Secretary may work with States on enforcing State laws inside the System, agree to waive certain civil claims between parties, and—if money is available—protect or reimburse parties for third-party claims or for costs when a State has given up some jurisdiction. These actions add to, but do not hand off, the Service’s law enforcement duties. State or local officers acting as special police are not usually federal employees, but they are treated as federal employees for certain legal claims and for federal workers’ compensation while serving as special police. The rules do not limit other federal agencies’ investigations or State and local civil and criminal authority in the System.

Title 54, §102701

National Park Service and Related Programs — Source: USLM XML via OLRC

(a)(1)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)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)(1)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)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)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)(A)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)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 section 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)This section and section 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.

Notes & Related Subsidiaries

Historical and Revision Notes

Revised SectionSource (U.S. Code)Source (Statutes at Large) 10270116 U.S.C. 1a–6.Pub. L. 91–383, § 10, as added Pub. L. 94–458, § 2, Oct. 7, 1976, 90 Stat. 1941; Pub. L. 106–437, § 2, Nov. 6, 2000, 114 Stat. 1920; Pub. L. 108–352, § 11, Oct. 21, 2004, 118 Stat. 1397. In subsection (a)(1), the words “In addition to any other authority conferred by law” are omitted as unnecessary.

§102701 Law enforcement personnel within System

Summary

Title 54, §102701

Notes & Related Subsidiaries

Historical and Revision Notes

Citations & Metadata