Sec. 5. State and local agreements for law enforcement functions on Federal land
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/bill/114/hr/4751/ih/section-5A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
As a condition of a grant or subgrant under section 4, the State or unit of local government receiving the grant or subgrant and the Secretary concerned shall enter into an agreement, consistent with this section, to address the maintenance of law and order and the protection of individuals and property on Federal land. The agreement under subsection
(a)between a State or unit of local government receiving a grant or subgrant and the Secretary concerned shall authorize designated law enforcement officers of the State or unit of local government— to carry firearms on Federal land; make arrests without warrant for any offense against the United States committed in the presence of the law enforcement officer, or for any felony cognizable under the laws of the United States if the law enforcement officer has reasonable grounds to believe that the individual to be arrested has committed or is committing the felony, provided the arrests occur on Federal land or within the State or local jurisdiction of the law enforcement officer or the individual to be arrested is fleeing from the Federal land; 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 on Federal land or, where the individual subject to the warrant or process is on Federal land, in connection with any Federal offense; and conduct investigations of offenses against the United States committed on Federal land 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. The Secretary concerned shall waive, in any agreement under subsection
(a)with a State or unit of local government, all civil claims against the State or unit of local government and, subject to available appropriations, indemnify and save harmless the State or unit of local government from all claims by third parties for property damage or personal injury, that may arise out of law enforcement functions performed under the agreement. Except as otherwise provided in this subsection, a law enforcement officer of a State or unit of local government performing law enforcement functions pursuant to an agreement under subsection
(a)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. A law enforcement officer of a State or unit of local government performing law enforcement functions pursuant to an agreement under subsection
(a)is deemed to be— a Federal employee for purposes of sections 1346(b) and 2401(b) and chapter 171 of title 28, United States Code; and a civil service employee of the United States within the meaning of the term employee as defined in section 8101 of title 5, United States Code, for purposes of subchapter I of chapter 81 of such title, relating to compensation to Federal employees for work injuries, and the provisions of subchapter I of chapter 81 of such title shall apply. This section shall not be construed or applied— to limit or restrict the investigative jurisdiction of any Federal law enforcement agency other than a covered law enforcement agency; and to affect any right of a State or unit of local government to exercise civil and criminal jurisdiction on Federal land. Section 15003 of the National Forest System Drug Control Act of 1986 ( 16 U.S.C. 559c ) is repealed. Section 303(c)(2) of the Federal Land Policy and Management Act of 1976 ( 43 U.S.C. 1733(c)(2) ) is amended by striking may authorize Federal personnel or and inserting shall authorize .
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Sec. 5
State and local agreements for law enforcement functions on Federal land
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