The Committee intends that the clear and specific enforcement authority contained in this subsection, while necessary for the protection of the Federal employees so involved, will be implemented by the Secretary, to ensure that law enforcement activities in our National Park System will continue to be viewed as one function of a broad program of visitor and resource protection (House Report No. 94-1569, September 16, 1976).

5.1.1 Type I Commissions

These commissions are held only by permanent NPS law enforcement personnel whose primary field, supervisory, or administrative duties are the investigation, apprehension and detention of individuals suspected or convicted of violating the criminal laws of the United States. These employees are empowered with full law enforcement authority, as specified in Title 16 U.S.C. 1a-6 and 1b. Issuance of Type I commissions is authorized by a regional director or the Director.

5.1.2 Type II Commissions

These commissions are issued to temporary employees and those permanent employees whose duties are not primarily law enforcement, and where park staffing and geographic considerations make it unfeasible to meet park law enforcement needs through any other redistribution of duties. Type II commissions are issued by park superintendents with the approval of the regional director or designee.

Persons issued Type II commissions may:

• Carry and use firearms in the performance of duties.
• Provide initial response to both misdemeanor and felony incidents. Initial response includes arrest, where appropriate.
• Independently conduct investigations into misdemeanor violations.
• Assist with investigations into felony violations.
• Be deputized by other law enforcement organizations or entities where their Type II status is specifically acknowledged by the deputizing agency.

Persons issued Type II commissions may not (unless accompanied by a person with a type I commission):

• Execute felony warrants as part of pre-planned operations (raids).
• Conduct felony investigations.
• Investigate fatalities.
• Be detailed to "high risk" assignments outside of their park area unless approved by the regional director or designee.
• Independently prosecute cases on behalf of the United States/NPS or serve as a park law enforcement specialist.

When not in duty status, commissioned employees within their jurisdiction may still exercise their law enforcement authority.

5.3.1 Exclusive Legislative Jurisdiction

The Federal government possesses all the authority of the State, subject only to the right of the State to serve criminal and civil process for actions occurring outside the unit. Law enforcement must be provided by the United States since State law may not be enforced by a State officer within a NPS unit under this jurisdiction. Exclusive jurisdiction allows the NPS to enforce Federal criminal statutes and also to assimilate State law under Title 18 U.S.C. 13, when no applicable Federal law or regulation exists.

5.3.2 Partial Legislative Jurisdiction

This type of jurisdiction is very similar to exclusive jurisdiction, except that the State has reserved the right to exercise certain authority, such as the right to tax or to sell fishing licenses. Partial legislative jurisdiction allows the NPS to enforce Federal criminal statutes and also to assimilate State law under Title 18 U.S.C. 13, when no applicable Federal law or regulation exists.

5.3.3 Concurrent Legislative Jurisdiction

The United States and the States jointly hold and exercise all rights accorded a sovereign, with the broad qualification that such authority is held concurrently. The United States, however, has the superior right under the supremacy clause of the Constitution to carry out Federal functions unimpeded by State regulation. Concurrent jurisdiction allows the NPS to enforce Federal criminal statutes and also to assimilate State law under Title 18 U.S.C. 13, when no applicable Federal law or regulation exists. The result allows for more efficient conduct of both State and Federal law enforcement functions within the parks.

5.3.4 Proprietary Jurisdiction

The United States has no legislative jurisdiction or measure of the State's authority over Federal land, but exercises all the rights of a property owner. The United States has, however, certain other constitutional powers that a private individual does not hold. Congress has delegated a measure of that constitutional authority to the NPS to make and enforce regulations (36 CFR Chapter 1) in all NPS areas (see 16 U.S.C. 1a-2(h), 1c and 3). A State may exercise its legislative jurisdiction (police power) over the acts of private persons in park areas to the same extent as on privately owned lands. The State may exercise its full civil and criminal jurisdiction over private activities on Federal lands held under proprietary status. The State may not impose its regulatory power directly upon the United States without specific congressional consent, nor may it tax Federal land. The State also may not regulate in a way that would directly interfere with the performance of a United States function, law or regulation.

(1) Designate officers and employees of any other Federal agency or law enforcement personnel of any State or political subdivision thereof, when deemed economical and in the public interest, and with the concurrence of that agency or that State or subdivision, to act as special policemen in areas of the National Park System when supplemental law enforcement personnel may be needed, and to exercise the powers and authorities [delegated to National Park Service Rangers].

(2) Cooperate, within the National Park System, with any State or political subdivision thereof in the enforcement of the laws or ordinances of that State or subdivision.

(3) Provide limited reimbursement, to a State or its political subdivisions, in accordance with such regulations as the Secretary may prescribe, where the State has ceded concurrent legislative jurisdiction over the affected area of the system, for expenditures incurred in connection with its activities within that system which were rendered pursuant to paragraph (1).

(4) The authorities provided by this subsection shall supplement the law enforcement responsibilities of the National Park Service, and shall not authorize the delegation of law enforcement responsibilities of the agency to State and local governments.

5.4.1 Enforcement Authority

Outside the National Park System, 16 U.S.C. 1b(1) provides that in order to facilitate the administration of the National Park System, the Secretary of the Interior is authorized to carry out the following activities, and he may use applicable appropriations for the aforesaid system for the following purposes:

Inside park boundaries, the enforcement of Federal law and NPS regulations, to the extent practical, will be carried out by NPS law enforcement personnel. The NPS is authorized to appoint another agency's qualified personnel as special police when such actions will benefit the administration of a park area. Special police appointments (deputations) are authorized by the General Authorities Act as a management tool for obtaining assistance from other agencies and will be issued in accordance with the provisions of that act. Deputations may be issued only for the purpose of obtaining supplemental law enforcement assistance during emergencies or special events. All such appointments, approved by the park superintendent, must be supported by a written agreement with the other agency at the park or national level, except when there is insufficient time because of an emergency law enforcement situation.

Outside park boundaries, the enforcement of State law under 16 U.S.C. 1b(1) shall occur only if the NPS has first determined that such actions will facilitate the administration of the park or is a management tool for obtaining mutual assistance from other agencies.

The extent and scope of the law enforcement assistance provided by the NPS under 16 U.S.C. 1b(1) is established by this document and should be stated in any law enforcement agreements that may be developed with nearby Federal, State, Tribal or municipal (local) law enforcement agencies. It has been the NPS’s long-standing interpretation of 16 U.S.C. 1b(1) that such NPS law enforcement assistance generally stems from some sort of an unexpected occurrence that requires immediate action and may include one or more of the following:

• Emergency responses such as life or death incidents, serious injury/fatality accident/incident scenes, crime scenes involving the protection of human life, officer in trouble, threat(s) to health or safety of the public.
• Emergency or law enforcement incidents directly affecting visitor safety or resource protection.
• Probable cause felonies and felonies committed in the presence and observed by National Park Service Rangers.
• Misdemeanors committed in the presence of National Park Service Rangers that present an immediate threat to the health and safety of the public.

Cooperative assistance rendered by the National Park Service to nearby law enforcement agencies outside of park boundaries should be limited to only those actions/efforts that support or assist those agencies. The National Park Service may not assume law enforcement responsibility outside of park boundaries in lieu of the legitimate responsibilities of nearby agencies.

While 16 U.S.C. 1b(1) authorizes the NPS to provide law enforcement assistance to localities outside park areas, the statute itself does not confer arrest authority to NPS personnel to act outside park boundaries. Congress cannot provide the authority to enforce State laws; only the State can confer such authority on NPS personnel (see RM-9, Chapter 1-5).

The National Park Service will provide information to the public and the news media in accordance with applicable laws, Departmental policy, and Director’s Order #75. Superintendents should identify appropriate opportunities to (1) enhance deterrence by publicizing arrests, weapons seizures, and successful prosecutions; (2) highlight cooperation and assistance activities such as Park Watch; and (3) educate the public about the full range of threats to, and the difficulty in protecting, park resources.

The right of the public to obtain information about government operations and activities is balanced by limitations contained in the Freedom of Information Act and the Privacy Act.

5.5.2 Evidence Management

Each park will develop written evidence management procedures that satisfy requirements of the servicing U.S. Attorney’s Office and/or local prosecuting attorney’s office.

A physical inventory of all evidence will be conducted at least twice a year. Missing or otherwise unaccountable items of evidence will be immediately reported by the superintendent, through the regional director, to the Law Enforcement Administrator, WASO-RAD.

5.5.3 Background Investigations

Appropriate background investigations must be completed in accordance with DM 446 2.3A and favorably adjudicated prior to an employee’s being commissioned in law enforcement and/or attending basic law enforcement training at FLETC. Additionally, periodic updated background investigations must be completed. Non-commissioned law enforcement support personnel (i.e. dispatchers, records clerks, and other personnel with access to controlled law enforcement materials or communications, including radio and/or computer CIRS, NCIC, etc.) must have a background investigation completed and favorably adjudicated prior to their being placed in such positions.

Specific details and procedures regarding background investigations are found in RM-9.

5.5.4 Internal Investigations

It is the policy of the NPS to investigate all allegations of criminal acts and misconduct by NPS employees in a thorough, impartial and expeditious manner. Investigations into criminal violations alleged to have been committed by an NPS employee while outside the National Park System are the responsibility of the law enforcement agency that has jurisdiction. NPS personnel conducting an internal investigation into such an incident will coordinate their investigation with the responsible law enforcement agency or prosecuting attorney to ensure the internal investigation does not compromise the criminal investigation. The following allegations of misconduct must be reported by the park superintendent, through the regional director, to the Law Enforcement Administrator, who will make the appropriate notifications.

• Misappropriation or theft.
• Fraud, waste and abuse.
• Violations of Federal criminal and civil fraud statutes.
• Serious misconduct by employees.
• Personal/private misconduct by employees (notorious or disgraceful misconduct).

Superintendents will be assertive and diligent in selecting personnel to investigate allegations of employee criminal acts or misconduct to assure the investigation is conducted impartially, independently and thoroughly. The DOI Office of Inspector General has independent responsibility for the investigation of fraud, waste and abuse by employees of the Department and must also be contacted whenever these issues are discovered.

5.5.5 Boards of Inquiry and Review

When a commissioned employee’s performance of law enforcement duties does not indicate compliance with Servicewide policies or established standards of conduct, or they behave in a manner that calls into question their suitability to effectively perform law enforcement duties, supervisors must take prompt action. Such actions may include training, counseling, suspension of the law enforcement commission, or disciplinary or adverse action as appropriate. This action may include the recommendation to convene a Board of Inquiry.

However, the decision to suspend or revoke a law enforcement commission, based solely on medical qualifications, will be rendered by the designated authorities identified in DO-57, Occupational Medical Standards and Physical Fitness.

Findings and recommendations of Boards of Inquiry should be applied, where appropriate, to bring about needed changes or modifications to the NPS law enforcement program, and where appropriate, should be incorporated into incident summaries and training bulletins disseminated to the field to facilitate learning through the documented experiences of others.

Significant law enforcement actions or incidents require a thorough and objective review. These actions or incidents should be the subject of a Board of Review. A Board of Review is not a fault-finding exercise and is not focused on the actions or conduct of individuals. It serves as an "incident critique" or "after-action review." Superintendents will use the Board of Review to identify organizational strengths and weaknesses, to take corrective program action where appropriate, and to build upon successes.

Boards of Inquiry and Boards of Review will be conducted in accordance with procedures specified in RM-9.

5.5.6 Medical Standards and Physical Fitness Program

The Occupational Medical Standards, Health and Fitness Program (RM-57) apply to all commissioned employees. Prior to initial appointment to a law enforcement position or issuance of a commission, each applicant must undergo the prescribed rigorous-duty medical examination and must receive medical clearance from the Service’s designated Medical Review Officer.

Following initial appointment to a law enforcement position, or following Type II law enforcement commissioning, a commissioned employee must complete the prescribed medical examination every two years for employees up to age 39; every year for employees ages 40 and above; or whenever required by an NPS designated physician.

All commissioned employees must attain and maintain a level of endurance, flexibility, strength and agility necessary to carry out their responsibilities effectively and safely. These employees must participate in a physical fitness program established by the NPS for law enforcement (Type I or Type II commissions).

5.6.1 Training Requirements

A permanent NPS employee may qualify for a law enforcement commission (Type I or Type II) upon graduation from the NPS basic law enforcement program at the Federal Law Enforcement Training Center (FLETC).

A permanent employee whose commission has been rendered invalid for a period less than three years, may regain a commission in accordance with established procedures found in RM-9. A permanent employee whose commission has lapsed for three years or more must successfully re-complete NPS basic law enforcement training at FLETC.

An individual who is other than a permanent NPS employee may qualify for an initial Type II law enforcement commission upon graduation within the preceding three years from an NPS approved seasonal law enforcement training program.

An individual who is hired into a permanent law enforcement position and who has successfully completed an approved NPS seasonal academy within the past three years, or who has held a valid Type II commission in a seasonal law enforcement position within the past three years, may be issued a Type II commission by the Superintendent for up to two years, awaiting successful completion of the NPS basic law enforcement program at the FLETC.

An individual who is other than a permanent NPS employee whose Type II commission has been rendered invalid for a period less than three years may regain a commission in accordance with established procedures found in RM-9. An individual who is other than a permanent employee whose commission has lapsed for 3 years or more must successfully re-complete an NPS approved seasonal law enforcement training program.

All persons selected for appointment to Special Agent (GS-1811) positions, who have not previously attended CIS, must satisfactorily complete the FLETC Criminal Investigator training program within two years of appointment.

Every commissioned employee must successfully complete a minimum of 40 hours of in-service law enforcement training annually.

5.6.2 Defensive Equipment

Commissioned employees authorized to carry firearms, chemical agents, batons or other defensive equipment must receive minimum levels of training in accordance with prescribed standards found in RM-9.

5.7.1 Collision Reports

To the extent possible, the NPS will document all motor vehicle and boating collisions that occur within NPS areas. Collisions involving NPS vehicles/vessels within NPS jurisdiction will be investigated by a Type I commissioned employee.

5.7.2 Incident Reporting

All significant field incidents will be reported in a timely fashion to WASO-RAD and the appropriate Regional Office following established procedures found in RM-9.

Commissioned employees are authorized to use a wide variety of defensive equipment and force options in response to various threats and other enforcement situations. The primary consideration in the use of force for commissioned rangers is the timely and effective application of the appropriate level of force required to establish and maintain lawful control

• Definitions

"Weaponless Control Techniques" includes officer presence, identification, verbal commands, and physical control techniques such as come-alongs, touch pressure points, and empty-hand strikes.

"Intermediate Weapons" are weapons other than firearms or lethal weapons with non-lethal munitions that are approved by the National Park Service.

"Deadly Force" is the use of any force that is likely to cause death or serious physical injury. Deadly force does not include force that is not likely to cause death or serious physical injury but unexpectedly results in such death or injury.

• Justification for the Use of Force

The only justifications for the use of force are:

• to defend self
• to defend others
• to effect an arrest
• to restrain or control violent, threatening or resistive behavior, or
• to disperse an unlawful group

• Justification for the Use of Deadly Force

Commissioned employees may use deadly force only when necessary, that is, when the ranger has an objectively reasonable belief, in light of the facts and circumstances confronting the ranger, that the subject of such force poses an imminent danger of death or serious physical injury to the ranger or to another person.

If force other than deadly force reasonably appears to be sufficient to accomplish an arrest or otherwise accomplish the law enforcement purpose, that is the preferred level of force. In no instance shall deadly force be utilized unless such use is objectively reasonable under the circumstances.

• Verbal Warnings Prior to Use of Deadly Force

If feasible and if to do so would not increase the danger to the ranger or others, a verbal warning to submit to the authority of the ranger should be given prior to the use of deadly force.

• Fleeing Felons

Deadly force may be used to prevent the escape of a fleeing felon if there is probable cause to believe:

• The subject has committed a felony involving the infliction or threatened infliction of serious physical injury or death

• the escape of the subject would pose an imminent danger of death or serious physical injury to the commissioned employee or to another person.

• Warning Shots

Warning shots are not permitted.

• Firing at Moving Vehicles

Firing at a moving vehicle is prohibited except in self defense or in defense of others.

Weapons may be fired at the driver or another occupant of a moving vehicle only when:

• The ranger has a reasonable belief that the subject poses an imminent danger of death or serious physical injury to the ranger or to another person;

• the public safety benefits of using such force outweigh the risks to the safety of the ranger or other persons.

Weapons may not be fired solely to disable moving vehicles. Experience has demonstrated that the use of firearms to disable moving vehicles is either unsuccessful or results in an uncontrolled risk to the safety of the ranger or others.

• Use of Deadly Force Against Animals

Animals may be destroyed when necessary in self-defense or the defense of others. Pets or feral animals that are running at large and observed in the act of killing, injuring, or molesting humans, livestock, or wildlife may be destroyed (36 CFR 2.15(c)).

• Justification for Use of Less-Than-Lethal Force

Justifications for the use of less-lethal defensive equipment are:

• to defend self
• to defend others
• to effect an arrest when lesser force is or would be insufficient
• to restrain or control violent, threatening or resistive behavior, or
• to disperse an unlawful group

5.8.2 Firearms

A commissioned employee should not remove a firearm from its holster or otherwise use a firearm unless there is a potential for its legitimate use.

For purposes of NPS policy, the term "use" or "use of" a firearm incorporates the following:

• Display Of A Firearm - The removal of a firearm from its holster, case, locking mount or other normally stored/carried location or position in anticipation of its use in a potential conflict.
• Pointing Of A Firearm – The directing of the barrel of a firearm in such a direction that a discharge would likely impact a targeted individual, animal, or object.
• Discharge Of A Firearm – The actual discharge of ammunition within a firearm, whether deliberate or not.

• Review and Reporting

Except where such use occurs intentionally during authorized training or testing, whenever a commissioned employee uses a firearm, he/she will immediately notify his/her supervisor and document such use and the surrounding circumstances in a case incident report. Additionally, the supervisor of a ranger who discharges a firearm (except intentionally during training, testing, or the destruction of wildlife), will review the incident and provide a written report to the park superintendent and, if circumstances warrant, to the Law Enforcement Administrator.

Whenever the use of a firearm results in injury or death to a person, the commissioned employee will immediately be placed in restricted-duty status and the Law Enforcement Administrator as well as the Department will be notified.

5.8.3 Carrying and Availability of Defensive Equipment

Commissioned employees must qualify semiannually with their issue/approved sidearm, and any other firearm they are authorized to carry/use in accordance with RM-9. Individuals failing to qualify with their sidearm will not be permitted to engage in field law enforcement activities until able to meet the minimum qualification standard.

• While on Duty. When performing duties with law enforcement responsibilities, commissioned employees will wear their firearms and other defensive equipment. Such duties include but are not limited to: day or night patrol by vehicle, foot, horse or boat; hunting and poaching patrol; prisoner transport; enforcement back-up requests; criminal investigations; response to intrusion alarms and disturbance calls; and the service of warrants. When in uniform, commissioned employees with law enforcement responsibilities will be distinguished by the visible wearing of defensive equipment. The minimum defensive equipment to be worn includes authorized firearm and holster, spare ammunition, handcuffs and case, and any other authorized and appropriate intermediate defensive equipment. These commissioned employees are not expected to remove defensive equipment to enter buildings or during lunch.
• While off Duty. The display and use of firearms while off-duty outside of NPS jurisdiction will be in accordance with applicable Federal and State law. It is NPS policy to carry and/or transport firearms in accordance with Federal Aviation Regulations (FAR) Part 108, Airplane Operator Security, and Federal Aviation Administration (FAA) Advisory Circular 108-2, "Security Rules - Carriage of Firearms and Escorted Persons."

Type I commissioned employees are authorized to carry Service issued and/or approved firearms off-duty inside and outside NPS areas.

Type II commissioned employees are authorized to carry their Service issued and/or approved firearms off-duty within the park to which they are assigned. The Park Superintendent may provide written authorization for employees with Type II commissions to carry their firearms off-duty outside of the park on a case-by-case basis.

• Availability. Commissioned supervisors who do not engage routinely in law enforcement duties must keep their defensive equipment readily available for response to emergencies. These supervisors will wear their defensive equipment when accompanying subordinates who are engaged in law enforcement duties.

Commissioned employees assigned to or performing non-law enforcement duties will follow local park policy. These rangers will have their defensive equipment available, in close proximity, to respond to law enforcement duties.

Employees performing plainclothes law enforcement duties must carry their approved service firearm in a manner (concealed or not) that complements the purpose of their assigned duties.

• Disposal. All excess firearms, excluding museum firearms, will be sent directly to the Firearm Disposition Center for processing at the Springfield Armory. Some firearms will be de-accessioned and added to the Armory’s museum collection. The others will be destroyed or donated in accordance with DO-44, Property Management. Requirements for the shipment of firearms are found in DO-44: Property Management.

5.8.4 Intermediate Defensive Equipment

A description of intermediate defensive equipment (such as chemical agents and batons) approved for use is found in RM-9.

When intermediate defensive equipment is used, the commissioned employee using the equipment will report the circumstances surrounding the use to their supervisor immediately and document the incident in a case incident report. Whenever the use of intermediate defensive equipment results in serious injury or death to a person, the commissioned employee involved will be placed in restricted-duty status and the NPS Law Enforcement Administrator as well as the Department.

• Use of Restraining Devices. Restraining devices may be used to gain control of an individual or to ensure the protection of the public, the ranger, and any person arrested.

Normally, persons arrested will be restrained in handcuffs or other approved restraint devices.

The use of a restraining device to control or restrain a person in a situation other than an arrest will be documented in a case incident report.

5.9.1 Warning Devices and Identification Markings

Law enforcement vehicles and vessels used by commissioned employees must be clearly identifiable as law enforcement vehicles or vessels, except those used primarily for investigations, surveillance, undercover, or administrative purposes. Law Enforcement vehicles and vessels will be marked in accordance with RM-9. Vehicles and vessels that are used for law enforcement purposes (except undercover purposes) will be equipped with visual and audible warning devices that comply with requirements of applicable Federal and State law.

5.9.2 Pursuits

All pursuit and emergency vehicle responses will be carried out in accordance with Federal and applicable State laws. Because of the inherent dangers of a vehicle pursuit and emergency response, only commissioned employees operating emergency vehicles, who have successfully completed applicable and approved training, may engage in emergency vehicle operation or pursuits. Vehicle pursuits will be undertaken with full consideration given to the offense that was committed and the risk factors involved in a pursuit. Absent exigent circumstances, only law enforcement vehicles with both visible and audible warning devices may be used in pursuits or emergency law enforcement responses. Roadblocks used to assist in the termination of a pursuit will be used only where the person pursued is believed to present an imminent threat of death or critical injury and where other available and reasonable means to effect the stop have been exhausted. Engagement in a pursuit or the application of any roadblock procedure will be immediately documented.

Diplomatic immunity, a principle of international law, is broadly defined as the freedom from local jurisdictions accorded duly accredited diplomatic agents and members of their immediate households. All commissioned employees will familiarize themselves with the specific statutes relating to diplomatic immunity and privilege referenced in RM-9.

5.10.2 Juveniles

All law enforcement actions taken by commissioned employees that involve juveniles must be in strict accordance with the law, pertinent court decisions, and related legal procedures and the provisions of RM-9. Additionally, commissioned employees should consider use of reasonable and appropriate remedial influences at their disposal before instituting legal action against a juvenile offender.

Since procedures vary among Judicial Districts, it is imperative that parks work with their United States Attorney’s Office and United States Magistrate Judge to establish local procedures for the handling of juvenile offenders.

In the Interior and Related Agencies Appropriation Act of 1972 (P.L. 92-76), the Congress gave the National Park Service the authority to use, with the approval of the Secretary, any of its available funds to maintain law and order in emergency and other unforeseen law enforcement situations that occur within the National Park System. Congress has made its intent clear that the reprogramming authority may be used only in response to emergency and other significant law enforcement incidents.

Incidents or activities that qualify for this funding are limited to those that are truly emergency in nature or that clearly result in an unforeseen increase in law enforcement activity levels, and that pose a serious threat to public safety or park’s resources and that are clearly beyond the capabilities of the staff and budget of the park and region involved, and that are managed using the Incident Command System. Recurring events/incidents and events sponsored by the Service do not qualify for emergency law and order funding.

5.11.2 Incident Command System

The NPS will utilize the Incident Command System (ICS) to manage all law enforcement emergencies.