oversight

Federal Lands: Information About Law Enforcement Activities

Published by the Government Accountability Office on 1997-07-03.

Below is a raw (and likely hideous) rendition of the original report. (PDF)

                                                             --
United States
General Accounting Oftice
Washington, D.C. 20548

Resonrces, Community,   and
Economic Development    Division


B-277355



July 3, 1997


Congressional Requesters

Subject:    Federal Lands: Information About Law Enforcement Activities

In response to your May 12, 1997, request, enclosure I provides information on
each of the 19 questions you asked about law enforcement activities at four
land management agencies: the Bureau of Land Management, the Fish and
Wildlife Service, and the National Park Service within the Department of
Interior and the Forest Service within the U.S. Department of Agriculture.
Specifically, this report provides information on the number of employees
involved in law enforcement activities, the costs associated with these
activities, and the nature and extent of these activities.

We provided a draft of this report to the four agencies for their review and
comment. The agencies generally agreed with the facts as presented in the
report and provided several technical and editorial changes, which we
incorporated into the report as appropriate.

As part of a separate request from the Chairman of the House Subcommittee on
Crime, Committee on the Judiciary, GAO will be issuing a report on federal law
enforcement. That report will review investigative authorities and personnel
data at 32 federal organizations-including the Forest Service, the Bureau of
Land Management and the Fish and Wildlife Service. When that report is issued
later this month, we will forward copies to you.



We performed our work during June 1997 in accordance with generally
accepted government auditing standards. In order to respond to your needs in
the time frame requested, we obtained information from each of the four
agencies that was readily available at the agencies’ headquarters offices; we did
not contact individual field offices to gather additional data. In some cases,

                                    GAOLRCED-97-189’R Law Enforcement   on Federal Lands


                                   E5T93/
                                                         --   .

B-277355
certain data were not available at one or more of the agencies’ headquarters.
We did not independently verify the accuracy of the data we gathered.

As agreed with your offices, unless you publicly announce its contents earlier,
we plan no further distribution of this report until 7 days from the date of this
report. At that time, we will send copies of the report to the Secretaries of
Agriculture and the Interior as well as the Chief of the Forest Service and the
Directors of the Bureau of Land Management, the Fish and Wildlife Service, and
the National Park Service. We will make copies of this report available to other
interested parties upon request. Major contributors to this report include Cliff
W. .Fowler, Paul E. Staley, Jr., and Ned H. Woodward. If you have any
              need additional information, please call me at (202) 51243021.




Enclosure




 2                                 GAO/WED-97-1898   Law Enforcement   on Federal Lands
B-277355
Congressional Reauesters

The Honorable Don Young
Chairman, Committee on Resources
House of Representatives

The Honorable Helen Chenoweth
Chairman, Subcommittee on Forests
  and Forest Health
Committee on Resources
House of Representatives

The Honorable James V. Hansen
Chairman, Subcommittee on National
  Parks and Pub& Lands
Committee on Resources
House of Representatives

The Honorable Jim S&on
Chairman, Subcommittee on Fisheries,
  Conservation, WMife and Oceans
Committee on Resources
House of Representatives




3                              GAO/RCED-97-189R   Law Enforcement   on Federal Lands
ENCLOSURE I                                                                                                 ENCLOSURE I
            INFORMATION ON LAW ENFORCEMENT ACTIVITIES IN THE BUREAU
                 OF LAND MANAGEMENT, FISH AND WTLDLIFE SERVICE,
                    FOREST SERVICE, AND NATIONAL PARK SERVICE

Introduction: Except as noted, the following tables present information collected as of
the end of fiscal year 1996. Also, within the Fish and Wildlife Service, there are two
distiet law enforcement entities: (1) refuge law enforcement, which is responsible for
law enforcement in refuges throughout the Fish and Wildlife Service, and (2) the Division
of Law Enforcement, which is responsible for enforcing federal wildlife laws on and off of
federal lands. Because of this distinction, we are reporting the two components
separately. QI addition, because of varying responsibilities, the data for the National Park
Service are separated for law enforcement rangers and Park Police. Law enforcement
rangers are responsible for law enforcement and protection activities in park units
throughout the Park Service, while the Park Police are principally located in park units in
and around Washington, D.C.; New York, New York; and San Francisco, California.

Question       1: Bow many uniformed                    law enforcement             officers     does each agency
employ?

(For purposes of this report, “uniformed law enforcement officers” refers to law
enforcement rangers and Park Police in the Park Service; law enforcement officers in the
Forest Service and Bureau of Land Management (BLMJ; and refuge officers, wildlife
inspectors, and a variety of other sta8 who have law enforcement as a collateral duty in
the Fish and Wildlife Service. Generally, uniformed law enforcement officers perform and
supervise a variety of duties that includes the protection of federal property and
resources from natural or visitor-related depredation, the provision of safety and
interpretive information to visitors, enforcement of laws and regulations, control of traffic
and visitors’ use of facilities, search and rescue operations, forest and structural fire
control, and other duties.)
Table 1.1: Number of Uniformed           Law Enforcement Officers
                                                         Fish 8 Wildlife                                 Park Service
                                               Div. of              Div. of Law              Law enforcement               U.S.
      BLM            Forest Service            Refuges              Enforcement                  rangers                Par&Police
      154                  481                   124=                      8Sb                 2,107 total                 627
                                                                                           (1,465 permanent,
                                                                                              642 seasonal)

“124 full-time-equivalent law enforcement officers (about 650 employees have collateral law enforcement duties, of which 53 are full
time.)
these are wildlife inspectors who work with Customs and U.S. Department of Agriculture inspectors in monitoring/halting illegal trade
in wildlife and processing other importations of live wildliie. They do not have the authority to make arrests or carry firearms.



 4                                                          GAO/WED-97-189R           Law Enforcement        on Federal Lands
ENCLOSURE I                                                                                         ENCLOSURE I

Question      2: How many special            agents/investigators          does each agency employ?

(Special agents/investigators are involved in planning and conducting investigations
relating to alleged or suspected violations of criminal laws. These positions require a
knowledge of such items as laws of evidence, criminal investigative techniques, rules of
criminal procedure, court decisions concerning the admissibility of evidence,
constitutional rights, search and seizure and related issues, and other criminal
investigative ski&.)
Table 1.2: Number of Soecial AaenWlnvestiaators
                                                   Fish & Wildlife                             Park Service
                                         Div. of             Div. of Law          Law enforcement            U.S.
      BLM         Forest Service        Refuges              Enforcement              rangers             Park Police
      50               154                   0                   241                      57                  18

Question 3: What is the annual payroll for uniformed    law enforcement officers                                   iu
each agency? (Iriclude overtime, compensatory    time, and bonus payments.)
Table 1.3: Aaencies’ Annual Pavroll for Uniformed Law Enforcement          Officers
                                                   Fish & Wildlife                             Park Service
                                        Div. of              Div. of Law          Law enforcement            U.S.
     BLM          Forest Service        Refuges              Enforcement              rangers             Park Police
 $8,802,697       $28,546,000         $8,400,000a            $3,897,121               $84,407,916        $38,010,849

“This is the total cost of law enforcement   in the Division of Refuges and includes payroll, support, and all
other costs.

Question       4: What is the annual payroll for special agents/investigators                           in each
agency?       (Include overtime,  compensatory   time, and bonus payments.)

Table 1.4: Aaencies’ Annual Pavroll for Soecial Aaentsnnvestiaators
                                                   Fish & Wildlife                             Park Service
                                        DIV.of               Dii. of Law          Law enforcement            U.S.
     BLM          Forest Service        Refuges              Enforcement              rangers             Park Police
                                                                                           a
 $5,360,511       $12,086,000                0              $19,345,581                                   $1,115,894
aNot available.




                                                     GAO/WED-97-189R       Law Enforcement on Federal Lands
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ENCLOSURE            I                                                                                           ENCLOSURE             I

Question 5: How many other employees does each agency have that are involved
in law enforcement who are not rangers, special agents, or investigators?    (Also
provide the number of individuals who are clerical assistants, etc., and any
employees who spend more than 25 percent of their time involved in law
enforcement.)
Table 1.5: Number of Emplovees Other Than Uniformed Law Enforcement Offices or Soecial
Aaents/lnvestiaators
                                                               Fish & Wildlife                                Park Service
                                                 Div. of                 Div. of Law          Law enforcement                   U.S.
       BLM         -. Forest Service             Refuges                 Enforcement              rangers                    Park Police
                                                        c                                                 c
       15a                   7gb                                            205a                                                150d

alncludes administrative           and support staff--not law enforcement staff.
b41 reserve law enforcement             officers and 38 administrative support personnel.
‘Not   available

d41 guards and 109 civilians            (dispatchers,       physical fitness coordinator, clerical support personnel).

Question 6: What is the anuual payroll for all other law enforcement  personnel                                                            in
each agency? (Include  overtime, compensatory    time, and bonus payments.)
Table 1.6: Aaencies Annual Pavroll for All Other Law Enforcement Emolovees
                                                               Fish & Wildlife                                Park Service
                                                  Div. of                Div. of Law           Law enforcement                  U.S.
       BLM               Forest Service           Refuges                Enforcement               rangers                   Park Police
                                                        a                                                 a
     $545,215        $1 ,745,000b                                        $5,657,578                                      $4,832,603

aNot available.
bAdministrative     support personnel only: excludes reserve law enforcement                  officers.




 6                                                                 GAO/lZCED-97-189R Law Enforcement              on Federal Lands
                                                                                      --       .

ENCLOSURE I                                                                                        ENCLOSURE I

Question 7: How much does each agency spend in support of law enforcement
personnel?     (Break down these costs by airliue and aircraft use; transportation      of
all types; training,  equipment, special equipment; informant   costs; office supplies;
and all other costs associated with law enforcement     in each of the agencies.)

Table 1.7: Annual Costs to SUDDO~~ Law Enforcement         Personnel
                                                  Fish & Wildlife                              Park Service

                                        Div. of             Div. of Law          Law enforcement                 U.S.
      BLM          Forest Service       Refuges             Enforcement              rangers                  Park Police
                                            c                                              e
  $3,682,385”     $17,687,21 7b                            $9,068,,237d                                   $5678,204’

%cludes $122,304 for airline and aircraft costs, $854,981 for transportation, $106,673 for training, $31,333
for equipment, $52,781 for office supplies, $34,036 for purchasing information and evidence, and
$2,480,276 for all other costs.

blncludes $2,042,960 for travel, $5157,000 for support costs provided to regions and units (rent, computer
use, telephone, radio dispatching services, etc.), $4,362,000 for fleet equipment (replacement and use
costs), $2,500,000 for transfer of station costs, $1,730,257 for equipment and supplies, $836,000 for
training, $500,000 for settlements and workers’ compensation costs, $304,000 for headquarters
assessment, $150,000 for special equipment (research/development),       $100,000 for uniform replacement
program, $5,000 for informant costs.

7he data provided in table 1.3 show that the total cost of law enforcement in the Division of Refuges is
$8,400,000, which includes all payroll, support, and other costs. (See footnote a on table 1.3).

dlncludes $3477,057 for inspection services and contracts, $1,742,607 for supplies, $1,552,021 for
equipment, $1,245,152 for travel, $524,196 for communications, $282,738 for transportation, $101,969 for
unvouchered items (including the purchase of information and evidence), $97,037 for printing, $25,000 for
buyout, $13,750 for construction, $6,965 for tort claims, and $255 for refunds including duplicative
payments.

*Not available.

?/Vashington, D.C., office--$4,584,307; New York field office--$353,200;     San Francisco office--$740,697.          No
further breakdown provided by agency.




                                                   GAO/WED-97-189B         Law Enforcement         on Federal Lands
ENCLOSURE I                                                                                        ENCLOSURE I
Question    8: How many contracts or cooperative  agreements   does each agency
have with other units of state and local government   for them to do law
enforcement    work on federal lands?
Table 1.8: Number of Contracts With State and Local of Governments
                                                      Fish & Wildlife                        Park Service
                                            Div. of             Div. of Law        Law enforcement           U.S.
       BLM           Forest Service         Refuges             Enforcement            rangers            Park Police
       23=         785 cooperative             1                         0              1ooc                    0
                     agreementsb


“These are cooperative      agreements.
bCooperative     a g reements are for the enforcement of state and local laws on National Forest System lands.
There are 561 cooperative       patrol agreements and 224 cooperative drug enforcement agreements.

‘57 contracts and 43 cooperative        agreements.

Question 9: How many federal                    dollars     are allocated      for these contracts        or
cooperative agreements?
Table 1.9: Federal Dollars Allocated for Coooerative Aareements/Contracts
                                                       Fish & Wildlife                         Park Service
                                             Div. of             Div. of Law       Law enforcement             U.S.
       BLM           Forest Service          Refuges             Enforcement           rangers              Park Police
     $413,200”        $7,087,500b           $40,000                      0           $2,100,389’                0

“These are cooperative      agreements.

b$5,346,500 for cooperative         patrol agreements and $1,741,000 for cooperative   drug enforcement
agreements.

‘$1,437,407      for contracts and $662,982 for cooperative agreements.

Question  IO: Duriug the past 5 years, how many cases has each agency requested
the FBI to investigate, beginning with the initial infractions of the law?

This information is not collected by the agencies. However, the FBI is rarely involved in
criminal investigations among the land management agencies. For example, during the
past 5 years, BLM headquarters officials could recall only about nine occasions when the
FBI was involved in its investigations. According to Park Police officials, no cases have
been referred to the FBI during the last 5 years.


 8                                                        GAOAWED-97-189ft     Law Enforcement     on Federal Lands
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ENCLOSURE I                                                                    ENCLOSURE I
According to law enforcement officials in the Department of the Interior, the Department
 enjoys an excellent working relationship with the FBI. The FBI has primary jurisdiction
for a number crimes, including organized crime, financial crime, foreign
 counterintelligence, civil rights, and others. The FBI, by practice, does not routinely
involve itself in the types of crimes handled by land management agencies. If and when
an agency requests assistance for the FBI, according to law enforcement officials in
Interior, the assistance is quickly forthcoming. The Interior agencies have primary
jurisdiction for the majority of federal crimes which they investigate. By common
practice, all Interior agencies conduct investigations for offenses committed on lands
which they administer.

Question    11: During the past 5 years, how many cases did the FBI refuse              to
investigate   that had been requested by the agency?

This information is not collected by the agencies, According to headquarters officials in
each of the agencies, the FBI’s assistance is rarely requested. However, when assistance
is requested, the FBI has rarely refuses to provide it. BLM officials recalled one occasion
in the last 5 years when the FBI refused assistance. None of the other three agencies
could recall any occasion in the past 5 years when the FBI refused to assist in an
investigation.

Question   12: At what level in each agency is the decision       made to request         the
assistance  of the FBI?

Headquarters officials from each of the agencies indicated that generally the decision to
request the assistance of the FBI would be made at the local level. The Chief of the U.S.
Park Police, however, makes this decision for the Park Police.

Question     13: During the past 5 years, how many cases has each agency requested
the Drug Enforcement        Administration (DEA) to investigate, beginning with the
initial infractions   of the law?

Forest Service: No information is routinely collected by the agency on referrals to DEA.
However, by a memorandum of understanding, DEA has, as 8 general rule, deferred to the
Forest Service the investigative authority for violations occurring within National Forest
System lands. The Forest Service keeps DEA informed of investigations that require
investigative or enforcement powers outside the boundaries of the National Forest
System.

Fish and Wildlife Service: According to Fish and Wildlife Service headquarters officials,
no information is available on the number of referrals to DEA. Officials believed that


9                                       GAO/RCED-97-189R   Law Enforcement     on Federal Lands
ENCLOSURE I                                                                   ENCLOSURE I
there are very few referrals to DEA since drug cases are generally referred to local law
enforcement authorities.

Park Service: According to Park Service headquarters officials, no information is
routinely collected on the number of referrals to DEA. Officials estimated that there were
20 to 25 cases a year for the entire Park Service, and most of these were multi-
jurisdictional cases that may have begun or ended far from federal land.

BLM: No information is routinely collected on referrals to DEA. However, according to
BLM headquarters officials, DEA’s assistance is rarely requested. During the last 5 years,
officials could recall only two referrals to DEA

DOI: According to law enforcement officials in the Department of the Interior, the
Department enjoys an excellent working relationship with DEA. DEA has primary
jurisdiction for major violations of controlled substance laws at interstate and
international levels. DEA works with Interior agencies and state and local jurisdictions
 on many task forces and as a manager of national drug intelligence. DEA by practice
 does not routinely involve itself in the types of crimes typically found on lands
 administered by the Interior agencies.

Question   14: During the past 5 years, how many cases did DEA refuse              to
investigate that had been requested by the agency?

This information is not collected by the agencies. According to headquarters officials in
each of the agencies, DEA rarely refuses to provide assistance if it is requested.

Question 15: At what level in each agency is the decision         made to request       the
assistance of DEA?

Each of the agencies indicated that generally the decision to request the assistance of
DEA would be made at the local level. The Chief of the U.S. Park Police, however,
makes this decision for the Park Police.

Question 16: What is the pay scale of nonfederal   law enforcement personnel                  who
work in local and state agencies and who are located in the same general
geographical  area and patrol remote or similar types of areas?

None of the agencies maintains data on the pay scales of nonfederal law enforcement
personnel. We contacted the National Sheriffs’ Association and the National Association
of Counties, which we thought may have collected information on this issue. These
associations either did not maintain any information on nonfederal pay scales or the
information was limited to only a few geographical areas. We were able to get

 10                                      GAO/FCED-97-189R   Law Enforcement   on Federal Lands
                                                                                         --   .

ENCLOSURE I                                                                                       ENCLOSURE I
information from the U.S. Department of Justice, which collected 1993 data on starting
salaries for entry-level law enforcement officers from 661 state and local law enforcement
agencies across the nation. That information is provided in table I.10.
Table 1.10: Annual Salaries of Nonfederal    Law Enforcement       Personnel, bv State


                                            Rangein 1993 annual starting
                                            salaries for entry-level law
                                            enforcementofficers for
                                            sampledacity, county, and
  State                                     state agencies

 Alabama                                    $18,590 to $22,464

 Alaska                                     $39,354 to 42,192

 Arizona                                    $24,741 to 29,328

 Arkansas                                   $18,402    to 21,346
  California                                $25,312 to $50,244

  Colorado                                  $22,884 to 29,369
  Connecticut                               $25,000 to 37,102
  Delaware                                  $27,403    to 29,080
  District of Columbia                      $25,108 to 26,820
  Florida                                   $15,800 to 31,385
 Georgia                                    $17,097 to 23,796
  Hawaii                                    $27,240 to 29,424
  Idaho                                     $20,654b
  Illinois                                  $24,315 to 32,802
 Indiana                                    $18,283 to 33,059
  Iowa                                      $24,252 to 29,531

 Kansas                                     $22,670 to 26,400

 Kentucky                                   $19,000 to 20,770
 Louisiana                                  $10,200 to 20,532

 Maine                                      $19,499 to 23,420

 Maryland                                   $22,000    to 27,454


11                                                GAOIRCED-97-189R         Law Enforcement        on Federal Lands
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ENCLOSURE I                                                      ENCLOSURE I

                    Rangein 1993annual starting
                    salaries for entry-level law
                    enforcementofficers for
                    sampledacity, county, and
 Sitate             state agencies


 hMassachusetts     $20,805 to 29,815

 hMichigan          $20,422 to 29,833

 hAinnesota         $25,000 to 33,346

 hAississippi       $20,904b

 I inissouri        $18,000 to 25,985

 Fulontana          $21,504 to 22,325

 Itiebraska         $21,489 to 31,335

 I\ievada           $23,230 to 31 ,I 47

 IUew Hampshire     $23,700 to 27,997

 IVew Jersey        $15,500 to 36,876

  INew Mexico        $17,855 to 20,904

  INew York          $20,890 to 34,717

  INorth Carolina    $18,900 to 23,741

  North Dakota       $23,820b

  Ohio               $18,188 to 33,616
  Oklahoma           $18,000 to 25,390

  Oregon             $22,076 to 32,172

  Pennsylvania       $23,500 to 30,500

  Rhode Island       $20,529 to 30,987

  South Carolina     $17,484 to 23,150

  South Dakota       $22,297 to 25,411

  Tennessee           $17,810 to 25,247

  Texas               $19,000 to 29,022

   Utah               $19,200 to 23,088

   Vermont            $1 8,720b


 12                           GAO/RCED-97-189R Law Enforcement    on Federal Lands
                                                                                      --   .

ENCLOSURE I                                                                                    ENCLOSURE I

                                           Range in 1993annual starting
                                           salaries for entry-level law
                                           enforcement officers for
                                           sampled” city, county, and
  state                                    state agencies


  Virginia                                 $19,040 to 30,723

  Washington                               25,682 to 37,480

  West Virginia                            $20,976 to 21,659

  Wisconsin                                $19,714 to 29,873

  Wyoming                                  $1 8,828b

%61 state and local law enforcement    agencies.
bOnly one agency sampled.

Source: Law Enforcement Manaaement and Administrative Statistics. 1993: Data for Individual State and
Local Aaencies with 100 or More Officers, Bureau of Justice Statistics, Office of Justice Programs, U.S.
Department of Justice.


Table I.1 7: 1993 Annual Stattina Salaries for Entrv-Level   Officers at Four Land Manaaement        Aaencies


                                           1993 annual starting salaries for entry-
  Agency                                   level law enforcementofficers
  BLM                                      $21,089 - $31,951
  Fish & Wildlife                          $22,617 - $28,715

  Forest Service                           $23.678

  Park Service                             Law Enforcement Rangers:
                                           $21,089.
                                           Park Police: $33,067 for New York
                                           City and San Francisco, $29,647 for
                                           Washinaton. D.C.



Question 17: How many arrests are made by each agency                             each year and what is
the breakdown by type of crime involved?

Tables I.12 and I.13 include data on the types of offenses-not arrests-that occurred on
the lands administered by the four agencies. Information on arrests is provided in tables
1.14,1.15, and 1.16. (An offense means that a crime has occurred. An arrest generally

13                                                 GAO/RCED-97-189R       Law Enforcement      on Federal Lands
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ENCLOSURE I                                                                                                                   ENCLOSURE I
means that someone has been identified as committing an offense.) The source of the
data on offenses is the Department of the Interior’s submission to the uniform crime
report-a nationwide database of crime statistics compiled by the Department of Justice.
According to law enforcement officials in the Department of the Interior, it is important
to note that the crime statistics reported to the Department of Justice in the uniform
crime report reflect only those crimes and incidents requested by the Department of
Justice. They do not reflect the true nature of land management law enforcement, which
primarily centers on resource-related crimes.
Table 1.12: Number of Offenses. bv Tvoe of Crime. Calendar Years 1992-96


                                                                            Fish & Wildlife                                       Park Service

                                                               DiN.   Of                      Div. of Law            Law enforcement               US.
                    BLM           Forest Service             Refuges                          Enforcement                rangers                 Park Police

                      Other                Other                           Other                      Other                      Other                  Other
                      than                 than                            than                       than                        than                  than
  Year     Part I     Part I     Part I    Part I     Part I               Part I        Part I       Part I         Part I      Part I     Part I      Part I

                                   *         a                                                b             b
  1992      153           1180                          38                  249                                      5693        42019       1519       11365
  1993      794           6865     =         a         364                 3849               0         126          5017        62154       1435       15419
  1994      646           6588     a         =         519                 3722               0         173          2998        54150       1510       16494
  1995     1030           7668     =         a         431                 6268               0             0        4717        80602       1292       14571

  1996      415           7810     =         a         744                 10861              0        4900          4429        67944       1564       13038

Notes:

1. Table shows the number of offenses reported by each agency in accordance with the federal uniform crime reporting system.
Arrest and disposition of offense was not consistently available for all agencies.

2. Part I offenses include homicide/manslaughter, rape, robbery, aggravated assault, burglary, larceny/theft, motor vehicle theft, and
arson.

3. Other than Part I offenses include simple assault, forgery/counterfeiting, fraud, embezzlement, stolen property, vandalism, weapons,
prostitution/commercialized vice, sex offenses, gambling, driving while intoxicated, drunkenness/liquor laws, drug abuse, disorderly
conduct, and resource violations. Not included are incidents classified as curfews and loitering, runaways, and suspicions.

aData from the Forest Service not accumulated as Part I and other than Part I offenses. Forest Service’s data were not readily
available for 1992-95. Summary data for 1996 showed 3,481 offenses involving the U.S. Code (e.g., serious misdemeanors and
felonies) and 118,596 petty offenses (e.g., careless driving, discharging firearm, use of firecrackers, alcohol violations, and violating
permit use).

b1992 data for the Fish and Wildlife Service not separated for the Division of Refuges and the Division of Law Enforcement.

 Source: Cffice of the Secretary, Department of the Interior.




 14                                                              GAO/RCED-97-189R                  Law Enforcement            on Federal Lands
ENCLOSURE       I                                                                    ENCLOSURE          I

Table 1.15: Number of Offenses in the Park Service That Were Cleared bv Arrest or Exceotional
Means. 1992-96


                                   Part I offenses                     Other than Part I offenses

                         Law enforcement                           Law enforcement
                                  rangers            Park Police           rangers           Park Police
  1992               I               882 1                 291 1           18,824 1                 9,515
  1993                                                                                          11,833
  1994
  1995               I               579                   579             26,030                   8,835
  1996               I               586                   436             19,720                   5,906

Definitions of terms used in this table:

An arrest is a physical apprehension and detention or the issuing of a violation notice. A citation
(or violation notice) is the same as making an arrest in that they both suffice to subject an
individual to the criminal justice system.

“Exceptional means” indicates that an offense has been cleared (or closed) by issuing a violation
notice or by a variety of other means.

Source of data and definitions:   the Park Service.




17                                             GAOLRCED-97-189R Law Enforcement      on Federal Lands
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ENCLOSURE        I                                                                                    ENCLOSURE        I

Table 1.16: Adiudicated     Violations in the Fish and Wildlife Service-Division             of Law Enforcement,
Fiscal Years 1992-96


                             FY 1992            FY 1993                 FY 1994         FY 1995                 FY 1996a
  Number of                   7,168                6,642                 6,679               6,074                5,334
  adjudicated
  violationsb

Notes:

1. Does not include violations from the Division of Refuges.

2. According to Fish and Wildlife officials, physical arrests (physically taking a subject into custody and
booking that subject) are very rare within the Division of Law Enforcement. The vast majority of
adjudicated violations involve forfeiture of collateral, grand jury indictment, or information filed by a U.S.
attorney. The Service does not consider a notice of violation or forfeiture of collateral to be an arrest.

aFY 1996 data are preliminary.

bAdjudicated violations are defined as any violation for which an arrest was made, charges were filed, a
notice of violation was issued under a forfeiture of collateral schedule, a civil notice of violation was issued,
or forfeiture or abandonment proceedings against property were initiated.

Source of data and definitions:    the Fish and Wildlife Service.

Question 18: How many complaints,     both formal                        and informa& have been lodged
against each agency’s law enforcement    personnel                       in each of the past 5 years?
Table 1.17: Number of Comblaints          Aaainst Aaencies’ Law Enforcement            Personnel,         Fiscal Years
1992-96
                                                 Fish & Wildlife                                 Park Service
                                         Div. of           Div. of Law            Law enforcement               U.S.
      BLM         Forest Service         Refuges           Enforcement                rangers                Park Police
                                            a                       a                        a
   39 total          1992--o                                                                                     132
  for 199%           1993-O                                                                                      137
      96             1994-7                                                                                      164
                     1995-l 6                                                                                    128
                     1996-9                                                                                      128

 aData not available.




 18                                                  GAOLWED-97-189B          Law Enforcement         on Federal Lands
ENCLOSURE                  I                                                                               ENCLOSURE          I

Table 1.13: Combined Total of Part I and Other Than Part I Offenses at the Bureau of Land Manaoement. Fish and Wildlife Service,
and National Park Service, Calendar Years 1992-96a
                                                                              1992           1993        1994     1995        1996


 Part I offenses

 Homicide/manslaughter                                                            28          59          56        37         48

 Rape--forced&tempted                                                             75          77          39        58         43

 Robbery                                                                       229           212         214       142        149
 Aggravated assault                                                            395           408         377       370        321
 Burglary              j                                                       962           911         660       983        901
 Larceny/theft                                                                5255          5264     3694         5217      5073

 Motor vehicle theft                                                           260           282         276      259         245
 Arson                                                                         199           397         357      404         372

 Total for Part I offenses                                                    7403          7610     5673         7470      7152

 Other than Part I offenses

 Simple assault                                                                494           659         514      496         427
 Forgery/counterfeiting                                                           26          38          37       24          62
 Fraud                                                                         149           129         130       114        278
 Embezzlement                                                                     32          36          37        18         23
 Stolen property                                                              1246          1338         853      878         894
 Vandalism                                                                   4512           7336     6738         8385      9125
 Weapons                                                                     2107           3988     3761         3003      2384
 Prostitution/commercialized vice                                                 57          49          43        57         77
 Sex offenses                                                                  615           813         886      677         670
 Gambling                                                                          9          30          11        7             5
 Driving while intoxicated                                                   2214           2504     2736        2554       2192

 Drunkenness/liquor laws                                                     7916           1865     8778         9160      7450
 Drug abuse                                                                   6224          7271     8624         8596      6606
 Disorderly conduct                                                          3251           6349     4011        3899       3207
 Resource violations                                                                                     415      492         548
 All other offenses                                                         25961          56013    43553       70755      70605
 Total for other than Part I offenses                                       54813          88413    81127       109109    104553

‘Data not available for the Forest Service.
Source: Office of the Secretary, Department of the Interior.



15                                                             GAOIRCED-97-189R        Law Enforcement     on Federal Lands
                                                                             --   ._

ENCLOSURE       I                                                                      ENCLOSURE I
In addition to the data on offenses provided it-t tables I. 12 and I.13, each of the Interior
agencies provided additional information   on arrests and citations. This information is
found in tables 1.14, L15, and 1.16. We made no attempt to identify or reconcile any
discrepancies in the data presented in tables I.12 and I. 13 with the data in tables 1.14,1.15,
and 1.16. F’urthermore, because the agencies differ about what is considered to be an
arrest, we asked each agency to provide the definition it used to develop its data.

Table 1.14: Arrest and Citation information   from the Bureau of Land Manaaement.         1994-l 996


                                                            Clearance action
 Year
                                                          Citations                              Arrests
  1994                                                       4,583                                  157
  1995                             I                         4.077 I                                178
  1996                                                       3,695                                  250
  Total                                                    12,355                                   585

Definitions of terms used in this table:

Clearance action: For law enforcement purposes, a “clearance” means          that the agency has
developed sufficient evidence to request a court of competent jurisdiction     to formally charge an
individual or individuals with the commission of a criminal act.

Citation: A charging instrument in a criminal case in which the defendant has an option to forfeit
collateral (fine) or appear in court; the defendant is released on his or her own recognizance
without being physically arrested.

Arrest: The defendant is physically taken into custody by an officer and transported and booked
into a jail facility pending appearance before a magistrate and/or posting bail. In the case of an
arrest, the charging instrument is normally a criminal complaint, information, or an indictment.

Source of data and definitions:   the Bureau of Land Management.




 16                                            GAO/RCED-97-189R   Law Enforcement      on Federal Lands
ENCLOSURE        I                                                                            ENCLOSURE          I

Question 19: Specifically,    in what areas of law enforcement                        do these agencies
conduct law enforcement      activities and what is the statutory                      authorization  for
each one of these activities    and each one of these agencies?
Table 1.18: Aaencies’    Areas of Law Enforcement



  Law enforcement organization   Type of criminal violations investigated


  Bureau of Land                 The Bureau of Land Management, Law Enforcement, is responsible for
  Management; .Law               the following types of violations as they relate to the protection of the
  Enforcement                    public lands, their resources, and users of federal lands administered by
                                 the Bureau: archaeological resources, wild horses and burros,
                                 recreation use fees, cave resources, fish and wildlife, National Trails
                                 use, National Wild and Scenic Rivers use, grazing, unlawful enclosures,
                                 migratory birds, endangered species, bald and golden eagles, Native
                                 American graves, oil and gas leasing, minerals leasing, hazardous
                                 materials, clean water, proper&y theft and vandalism, coal theft, timber
                                 theft and damage, wildland arson and fire prevention, survey
                                 interference, land fraud, hazardous devices, marijuana cultivation and
                                 drug labs, subsistence hunting in Alaska, motorized and off-road vehicle
                                 use, recreation restrictions, and various other land use restrictions.




  U.S. Forest Service, Law       The U.S. Forest Service, Law Enforcement and Investigations, is
  Enforcement and                responsible for investigating offenses against the United States that
  Investigations                 occur within or have a nexus to the National Forest System. The types
                                 of investigations and enforcement actions in which the Forest Service is
                                 involved include the following: minor misdemeanor offenses found in
                                 Title 36 of the Code of Federal Regulations and major crimes related to
                                 National Forest System lands, facilities, and activities found in Titles 18
                                 and 21 U.S.C.

                                 Investigations involve wildlife fire/arson, timber theft, theft and/or
                                 destruction of archeological resources of a historical or prehistorical
                                 nature, destruction of resources, and contract fraud. Drug enforcement
                                 investigations are performed under the authority of the National Forest
                                 System Drug Control Act of 1986, as amended, to detect and prevent
                                 the cultivation and manufacturing of marijuana on National Forest
                                 System lands. Investigations also include other environmental and
                                 wildlife crimes, illegal occupancy of National Forest System lands, theft
                                 of natural resources, and threats and assaults against Forest Service
                                 employees.




19                                               GAO/WED-97-189R            Law Enforcement   on Federal Lands
                                                                                    --   ._

ENCLOSURE I                                                                                   ENCLOSURE I


 Law enforcement organization   Type of criminal violations investigated


 U.S. Fish and Wildlife         The U.S. Fish and Wildlife Service is responsible for investigating
 Service, Division of Law       violations of U.S. wildlife laws, both on and off Service lands. The
 Enforcement                    Service is also responsible for offenses committed on the National
                                Wildlife Refuge System. The Service investigates and enforces
                                offenses on Service lands involving federal wildlife laws, environmental
                                crimes, archeological resource protection, smuggling, visitor safety, and
                                drug enforcement.

 National Park Service          The National Park Service is responsible for investigating offenses
                                against the United States committed within the National Park System in
                                the absence of an investigation by any other federal law enforcement
                                agency. The Park Service also has authority on and within roads,
                                parks, parkways, and other federal reservations within the District of
                                Columbia. The types of investigations in which the Park Service is
                                involved include the Assimilated Crimes Act investigations, drug
                                enforcement, environmental crimes, crimes against persons, and
                                 resource-related crimes, such as plant and wildlife poaching,
                                 archaeological site looting, vandalism of historic sites, and simple theft
                                 of resources.




20                                                GAO/WED-97-189R          Law Enforcement    on Federal Lands
                                                                                 --    ._

ENCLOSURE I                                                                                 ENCLOSTJRE I
Table 1.19: Aoencies’ Law Enforcement Authorizations


                                                        Authority to                              Authority to
  law enforcement      Authority to conduct criminal    execute search        Authority to        carry firearms,
  organization         investigations”                  warrants”             make arrests”       if necessary”

  Bureau of Land       The Federal Land Policy and      Federal Land          Federal Land        Federal Land
  Management,          Management Act of 1976           Policy and            Policy and          Policy and
  Law Enforcement      (P-L. 94-579) (43 U.S.C.         Management Act        Management          Management
                       91733); The Wild Free-           (43 U.S.C. 51733      Act (43 U.S.C.      Act (43
                       Roaming Horses and Burros        (c)(l)); Wild Free-   91733 (c)(l));      U.S.C. 31733
                       Act of 1971 (P.L. 92-195)        Roaming Horses        Wild Free-          (c)(l)); Sikes
                       (16 U.S.C. $1338); The           and Burros Act        Roaming             Act (16
                       Sikes Act of 1960 (P.L. 86-      (16 U.S.C.            Horses and          U.S.C. §67Oj)
                       797) (16 U.S.C. 367Oj); The      01338); Sikes Act     Burros Act (16
                       Land and Water                   (16 U.S.C. 967Oj)     U.S.C.
                       Conservation Fund Act of                               31338); Sikes
                       1965 (P.L. 88-578) (16                                 Act (16 U.S.C.
                       U.S.C. !$4601-6a); The                                 $6701’); Land
                       Federal Oil and Gas Royalty                            and Water
                       Management Act of 1982                                 Conservation
                       (P.L. 97-451) (30 U.S.C.                               Fund Act (16
                       91717).                                                USC. +I601-
                                                                              W
                       The Antiquities Act (16
                       U.S.C. $433); The
                       Archaeological Resources
                       Protection Act (16 U.S.C.
                       9470ee); The Recreational
                       Hunting Safety Act (16
                       U.S.C. $95207, 5205);
                       Unlawful Inclosures of Public
                       Lands Act (43 U.S.C.
                       991061, 1063); Surface
                       Management Act of 1955
                       (30 U.S.C. $612); Controlled
                       Substances Act (21 U.S.C.
                       51311); and others.




21                                                GAOIRCED-97-189R    Law Enforcement       on Federal Lands
                                                                                       --   ._

ENCLOSURE I                                                                                      ENCLOSURE I

                                                             Authority to                             Authority to
 .aw enforcement        Authority to conduct criminal        execute search        Authority to       carry firearms,
 xganizstion            investigationsa                      warrants”             make arrestsa      if necessaq


 J.S. Forest            16 U.S.C. §551a, 553, 559,           16 USC. §559c,        16 USC.             16 U.S.C.
 service, Law           559c, 559d(2), 559d(5),              1338(b), 3375(b)      §559, 559c(3),      $559, 559c,
 Enforcement and        559f, 559g(c), 3375(b)                                     1338(b),            3375(b)
 nvestigations                                                                     3375(b)




 U.S. Fish and          Migratory Bird Treaty Act (16        Lacey Act (16         Same as the         Lacey Act
 JVildliie Service      USC. $703-712);                      U.S.C. 93371-         authority in        (16 U.S.C.
                        Endangered Species Act (16           3378);                column 2.           53371-3378)
                        U.S.C. 91531-l 543); Lacey           Endangered
                        Act (18 U.S.C. $42, 16               Species Act (16
                        U.S.C. 93371-3378); Bald             U.S.C. §1531-
                        Eagle Protection Act (16             1543); Marine
                        U.S.C. 9668-668~); Marine            Mammal
                        Mammal Protection Act (16            Protection Act
                        USC. 01361-l 407);                   (16 USC.
                        National Wildlife Refuge             51361-1407);
                        System Administration Act of         Migratory Bird
                        1966 (16 U.S.C. §668dd-              Treaty Act (16
                        668ee); Archaeological               U.S.C. §703-
                        Resources Protection Act             712); Airborne
                        (16 U.S.C. 5704aa); Wild             Hunting Act (16
                        Bird Conservation Act of             USC. §742j-1)
                        1992 (16 U.&C. $4901);
                        African Elephant
                        Conservation Act (16 U.S.C.
                        54201-4245)

 National Park           16 (U.S.C. 51-a-(6); 4 D.C.         16 U.S.C. gl-a-        16 U.S.C. §l-      16 U.S.C.
 Service                 Code 34-201, 4-202, 4-206,          (6); 4 DC. Code        a-(6); 4 D.C.      51 -a-(6); 4
                         4-207                               $4-201, 4-202, 4-      Code $4-201;       DC. Code
                                                             206, 4-207             4-202,4-206,       94-201; 4-
                                                                                    4-207              202, 4-206,
                                                                                                       4-207

LEGEND:     D.C. - District of Columbia; P.L. - Public Law; U.S.C. - United States Code; 5 - Section.

‘These statutes address criminal law enforcement.
‘In addition I BLM officials provided a list of additional authorities to conduct criminal investigations.

(141068)

22                                                      GAOfRCED-97-189R      Law Enforcement    on Federal Lands
                                           --   .




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