State Codes and Statutes
Statutes > Utah > Title-53 > Chapter-13 > 53-13-106-553-13-106.5. State limitations on functions of federal law enforcement officers.
(1) As used in this section:
(a) "Federal agency" means a federal agency that manages federally managed land.
(b) "Federal employee" means an employee of:
(i) the Bureau of Land Management;
(ii) the United States Forest Service; or
(iii) the National Park Service.
(c) "Federally managed land" means land managed by the following federal agencies:
(i) Bureau of Land Management;
(ii) United States Forest Service; and
(iii) the National Park Service.
(2) Unless otherwise provided by Utah law, federal employees performing their duties inUtah:
(a) may not exercise law enforcement authority solely because the land on which theyexercise the authority is federally managed; and
(b) may exercise only law enforcement authority:
(i) expressly granted by federal statute; and
(ii) consistent with the Constitution of the United States.
(3) Utah does not authorize federal employees to exercise law enforcement powers toenforce the laws of Utah, either on or off federally managed land except as authorized under thissection or other provisions of state statute.
(4) (a) Utah does not recognize the authority of employees or agents of the United StatesDepartment of Interior to exercise law enforcement powers beyond those powers strictlynecessary for the management, use, and protection of federally managed lands, includingproperty located on these lands, as limited by 43 U.S.C. 1733(a) and 1733(c)(2).
(b) As required by Congress in 43 U.S.C. 1733(c)(1), when the Secretary of Interiordetermines that state or local assistance is necessary in enforcing federal laws and regulationsrelating to federally managed lands or the resources on those lands, the secretary shall offer acontract to appropriate state or local law enforcement agencies of the state with the purpose ofachieving maximum feasible reliance upon state or local law enforcement officials in enforcingthe federal laws and regulations.
(5) Utah does not authorize federal employees to take action based on the Utah Code,Utah Administrative Rules, or county or municipal ordinances as a basis to arrest or cite personsfor prosecution in the federal criminal justice system, unless the action:
(a) has been expressly granted by federal statute; and
(b) is consistent with the Constitution of the United States.
(6) State and local government agencies may not allow any federal agency access to oruse of the correctional and communication facilities and equipment of any state or local lawenforcement agency without the express written consent of the appropriate responsible official ofthe state or local law enforcement agency.
(7) State and local law enforcement agencies may enter into agreements with federalagencies granting concurrent authority to enforce federal laws and state and local laws, providedthe agreements are limited to a term not to exceed two years.
(8) (a) County sheriffs shall regularly review the duties and activities of federal agenciesthat have law enforcement responsibilities and that are acting within the jurisdictional area of the
county to ascertain whether the federal agencies are acting consistently with this section.
(b) County sheriffs shall annually report to the county attorney or district attorney of theirjurisdiction the results of all reviews conducted under this Subsection (8).
Enacted by Chapter 411, 2010 General Session
