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View Full Version : OLL Taken by BLM? Read this.....


sfpcservice
05-21-2009, 11:31 AM
http://www.stewards.us/cornerstone/feb1997/csfeb97-1.asp

I have no idea how much truth this has, or if USFS and BLM authorites have expanded since it was written. Either way I found it interesting that USFS and BLM may not have any police authority.

sfpcservice
05-21-2009, 11:36 AM
A little more digging:

http://www.gao.gov/archive/1997/gg97093.pdf

GAO Report cites specific laws where various US Law enforcement derive thier authority. Check Page 20 out.

JDoe
05-21-2009, 12:02 PM
The link in the first post doesn't go anywhere formatted properly for me so I had to use Google Cache to see the original layout of the page (http://74.125.93.132/search?q=cache:J43W4HpmZ5sJ:www.stewards.us/cornerstone/feb1997/csfeb97-1.asp+%22On+November+7,+1996,+the+Department+of+In terior,+Bureau+of+Land+Management+(BLM)+published+ in+the+Federal+Register+proposed+new+rules+expandi ng%22&cd=1&hl=en&ct=clnk&gl=us).

This stuff is very interesting for a relatively total noob like me. I had no idea how various powers were derived nor had I even though things were this convoluted.

Thank you for the education.

JDoe
05-21-2009, 12:15 PM
A little more digging:

http://www.gao.gov/archive/1997/gg97093.pdf

GAO Report cites specific laws where various US Law enforcement derive thier authority. Check Page 20 out.

Does anyone have a link to a newer version of this 1997 GAO report?

james s
05-21-2009, 9:40 PM
Either way I found it interesting that USFS and BLM may not have any police authority.

You need to do a little more research.

sfpcservice
05-21-2009, 9:45 PM
You need to do a little more research.

Hence my second post with the GAO link that cites each agencies police authority?

Vtec44
05-21-2009, 10:04 PM
You need to do a little more research.

It would also be helpful if you can contribute additional information.

sfpcservice, thanks for posting this.

GrayWolf09
05-21-2009, 10:08 PM
If the law enforcement rights belong to the states it is difficult to imagine how congress could change that especially on a wholesale basis. The cite by the OP is a correct statement of the law at least when I worked for the State of California. Even the military did not have exclusive jurisdiction over military bases unless the state ceded jurisdiction to them. The agency ceding jurisdiction in California is or was the State Lands Commission.

It would be an interesting jurisdictional challenge if the feds tried to enforce laws on BLM land. Usually they would call in the local law enforcement to make the actual arrest.

:phone:

Plisk
05-21-2009, 10:10 PM
This is why when I go shooting on BLM I go into BFE, or when I see white trucks; I book it.

Librarian
05-21-2009, 11:34 PM
Does anyone have a link to a newer version of this 1997 GAO report?

Do you suspect there is a newer one? It was a special one-off by GAO,at the request of Senator McCollum in 1996.

http://www.nps.gov/policy/DOrders/DOrder9.html says National Park Service has 2.1 Authority to carry out law enforcement duties-- is found in law including the General Authorities Act of 1976 (16 U.S.C. 1a-6(b)), which under 41 Fed. Reg. 44876 (1976) has been delegated to NPS employees who possess specific law enforcement certification (Type I and II Law Enforcement Commissions) and USPP Officers. Such employees and officers may:

* 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 [National Park] system or the person to be arrested is fleeing therefrom to avoid arrest.
* 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 the national park system in connection with any Federal offense.
* Conduct investigations (wherever that investigation may lead) of offenses against the United States committed in the national park 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.

and for BLM the GAO report cites 43 USC 1733(c)(1) - but that allows contracting with local LE (c) Contracts for enforcement of Federal laws and regulations by local law enforcement officials; procedure applicable; contract requirements and implementation
(1) When the Secretary determines that assistance is necessary in enforcing Federal laws and regulations relating to the public lands or their resources he shall offer a contract to appropriate local officials having law enforcement authority within their respective jurisdictions with the view of achieving maximum feasible reliance upon local law enforcement officials in enforcing such laws and regulations. The Secretary shall negotiate on reasonable terms with such officials who have authority to enter into such contracts to enforce such Federal laws and regulations. In the performance of their duties under such contracts such officials and their agents are authorized to carry firearms; execute and serve any warrant or other process issued by a court or officer of competent jurisdiction; make arrests without warrant or process for a misdemeanor he has reasonable grounds to believe is being committed in his presence or view, or for a felony if he has reasonable grounds to believe that the person to be arrested has committed or is committing such felony; search without warrant or process any person, place, or conveyance according to any Federal law or rule of law; and seize without warrant or process any evidentiary item as provided by Federal law. The Secretary shall provide such law enforcement training as he deems necessary in order to carry out the contracted for responsibilities. While exercising the powers and authorities provided by such contract pursuant to this section, such law enforcement officials and their agents shall have all the immunities of Federal law enforcement officials.
Interesting.