Page:United States Statutes at Large Volume 115 Part 1.djvu/616

 115 STAT. 594 PUBLIC LAW 107-69 —NOV. 12, 2001 (d) POWERS OF LAW ENFORCEMENT OFFICERS. —^A law enforcement officer authorized by the Secretary of the Interior under subsection (c) may— (1) carry firearms within a Reclamation project or on Reclamation lands; (2) make arrests without warrants for— (A) any offense against the United States committed in his presence; or (B) any felony cognizable under the laws of the United States if he has— (i) reasonable grounds to believe that the person to be arrested has committed or is committing such a felony; and (ii) such arrest occurs within a Reclamation project or on Reclamation lands or the person to be arrested is fleeing therefrom to avoid arrest; (3) execute within a Reclamation project or on Reclamation lands 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 for any offense committed within a Reclamation project or on Reclamation lands; and (4) conduct investigations within a Reclamation project or on Reclamation lands of offenses against the United States committed within a Reclamation project or on Reclamation lands if the Federal law enforcement agency having investigative jurisdiction over the offense committed declines to investigate the offense. (e) LEGAL STATUS OF STATE OR LOCAL LAW ENFORCEMENT OFFICERS. — (1) STATE OR LOCAL OFFICERS NOT FEDERAL EMPLOYEES. — Except as otherwise provided in this section, a law enforcement officer of any State or local government, including an Indian tribe, authorized to act as a law enforcement officer under subsection (c) shall not be deemed to be 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, employment discrimination, leave, unemployment compensation, and Federal benefits. (2) APPLICATION OF FEDERAL TORT CLAIMS ACT. —For purposes of chapter 171 of title 28, United States Code (commonly known as the Federal Tort Claims Act), a law enforcement officer of any State or local government, including an Indian tribe, shall, when acting as a law enforcement officer under subsection (c) and while under Federal supervision and control, and only when carrying out Federal law enforcement responsibilities, be considered a Federal employee. Applicabliity. (3) AVAILABILITY OF WORKERS COMPENSATION.—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 local government, including an Indian tribe, shall, when acting as a law enforcement officer under subsection (c) and while under Federal supervision and control, and only when carrying out Federal law enforcement responsibilities, 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

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