-- 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 -- 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 -- ._ 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 -- ._ 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 -- ._ 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 -- ._ 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 -- . Ordering Information The first copy of each GAO report and testimony is free. Additional copies are $2 each. Orders should be sent to the following address, accompanied by a check or money order made out to the Superintendent of Documents, when necessary. VISA and MasterCard credit cards are accepted, also. Orders for 100 or more copies to be mailed to a single address are discounted 25 percent. Orders by mail: U.S. General Accounting Office P.O. Box 6015 Gaithersburg, MD 20864-6015 or visit: Room 1100 700 4th St. NW (corner of 4th and G Sts. 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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)