JURISDICTION OVER FEDERAL AREAS WITHIN THE STATES (1 of 2)

JURISDICTION OVER FEDERAL AREAS

WITHIN THE STATES

REPORT OF THE

INTERDEPARTMENTAL COMMITTEE

FOR THE STUDY OF

JURISDICTION OVER FEDERAL AREAS

WITHIN THE STATES

PART I

CHAPTER I

OUTLINE OF STUDY

The instant study was occasioned by the denial to a group of

children of Federal employees residing on the grounds of a Veterans'

Administration hospital of the opportunity of attending public schools

in the town in which the hospital was located. An administrative

decision against the children was affirmed by local courts, finally

including the supreme court of the State. The decisions were based on

the ground that residents of the area on which the hospital was

located were not residents of the State since "exclusive legislative

jurisdiction" over such area had been ceded by the State to the

Federal Government, and therefore they were not entitled to privileges

of State residency.

In an ensuing study of the State supreme court decision with a view

toward applying to the Supreme Court of the United States for a writ

of certiorari, the Department of Justice ascertained that State laws

and practices relating to the subject of Federal legislative

jurisdiction are very different in different States, that practices of

Federal agencies with respect to the same subject very extremely from

agency to agency without apparent basis, and that the Federal

Government, the States, residents of Federal areas, and others, are

all suffering serious disabilities and disadvantages because of a

general lack of knowledge or understanding of the subject of Federal

legislative jurisdiction and its consequences.

Article I, section 8, clause 17, of the Constitution of the United

States, the text of which is set out in appendix B to this report,

provides in legal effect that the Federal Government shall have

exclusive legislative jurisdiction over such area not exceeding 10

miles square as may become the seat of government of the United

States, and like authority over all places acquired by the Government,

with the consent of the State involved, for Federal works. It is the

latter portion of this clause, the portion which has been emphasized,

with which this report is primarily concerned.

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The status of the District of Columbia, as the seat of government

area referred to in the first part of the clause, is fairly well

known. It is not nearly as well known that under the second part of

the clause the Federal Government has acquired, to the exclusion of

the states, jurisdiction such as it exercises with respect to the

District of Columbia over several thousand areas scattered over the 48

States. Federal acquisition of legislative jurisdiction over such

areas has made of them Federal islands within Stats, which the term

"enclaves" is frequently used to describe.

While these enclaves, which are used for all the many Federal

governmental purposes, such as post offices, arsenals, dams, roads,

etc, usually are owned by the Government, the United States in many

cases has received similar jurisdictional authority over privately

owned properties which it leases, or privately owned and occupied

properties which are located within the exterior boundaries of a large

area (such as the District of Columbia and various national parks) as

to which a State has ceded jurisdiction to the United States. On the

other hand, the Federal Government has only a proprietorial interest,

within vast areas of lands which it owns, for Federal proprietorship

over land and Federal exercise of legislative jurisdiction with

respect to land are not interdependent. And, as the Committee will

endeavor to make clear, the extent of jurisdictional control which the

government may have over land can and does vary to an almost infinite

number of degrees between exclusive legislative jurisdiction and a

proprietorial interest only.

The Federal Government is being required to furnish to areas within

the States over which it has jurisdiction in various forms

governmental services and facilities which its structure is not

designed to supply efficiently or economically. The relationship

between States and persons residing in Federal areas in those States

is disarranged and disrupted, with tax losses, lack of police control,

and other disadvantages to the States. Many residents of federally

owned areas are deprived of numerous privileges and services, such as

voting, and certain access to courts, which are the usual incidents of

residence within a State. In short, it was found by the Department of

Justice that this whole important field of Federal-State relations was

in a confused and chaotic state, and that more was needed a thorough

study of the entire subject of legislative jurisdiction with a view

toward resolving as many as possible of the problems which lack of

full knowledge and understanding of the subject had bred.

The Attorney general so recommended to the President and the

Cabinet, and with their approval and support the instant study

resulted. The preface to this report identifies the agencies, State

and Federal, which most actively participated in the study; subsequent

portions of the report set out in some detail the results of the

study. The Committee desires to outline at this point, so as to

furnish assistance for evaluation of its report, the manner in which

the study was conducted, the manner in which the Committee's report is

being presented, and some of the problems involved.

The land area of the United States is 1,903,824,640 acres. It was

ascertained from available sources that of this area the Federal

Government, as of a recent date, owned 405,088,566 acres, or more than

21 percent of the continental United States. It owns more than 87

percent of the land in the State of Nevada, over 50 percent of the

land in several other States, and considerable land in every State of

the Union. The Department of the Interior controls lands having a

total area greater than that of all the six New England State and

Texas combined. The Department of Agriculture control more than three

fourths as much land as the Department of the Interior. Altogether 23

agencies of the Federal Government control property owned by the

United States outside of the District of Columbia. Any survey

relating to these lands is therefore bound to constitute a

considerable project.

The Committee formulated a plan of study, of which portions

requiring such approval were approved by the Bureau of the Budget

under the Federal Reports Act of 1942 (B. B. No. 43-5501). This plan

involved the assignment to a number of Federal agencies of various

tasks which they were especially fitted to perform or as to which they

had accumulated information; the circularization to all agencies of

the Government which acquire, occupy, or operate real property of a

questionnaire (questionnaire A) designed to elicit general

information, concerning the numbers, areas, uses and jurisdictional

statuses of their properties and the practices, problems, policies,

and recommendations related to jurisdictional status which the

agencies might have; and the forwarding of an additional questionnaire

(questionnaire B) for each individual Federal installation in three

States (Virginia, Kansas, and California, selected as containing

properties which would illustrate jurisdictional problems arising

throughout the United States) which called for detailed information of

the same character as that requested by the general questionnaire

addressed to agencies. Federal agencies also were asked to submit a

synopsis of all opinions of their chief law officers concerning

matters affected by legislative jurisdiction.

Pursuant to further provisions of the plan of study the attorney

general of each State was requested, through the National Association

of Attorneys General, to furnish to the Committee a synopsis and

citation of each State constitutional provision, statute, judicial

decision, and attorney general opinion, concerning the acquisition of

legislative jurisdiction by the United States over lands within the

State; a statement of major problems experienced by State or local

authorities arising out of legislative jurisdiction; an indication of

privileges or services barred by State constitution or statutes to

areas under United States legislative jurisdiction or residents of

such areas, and any further comment concerning the subject which any

attorney general might have.

A tremendous mass of information has been accumulated by the

committee in the carrying out of the mentioned portions of the plan of

study. Material submitted by the 23 Federal agencies which control

federally owned land was refined by the Committee staff into memoranda

which, in the case of the 18 larger agencies, were made available to

each agency concerned for comment. The basic material involved, as

well as the staff memoranda and agency comment thereon, was utilized

by the committee as was necessary in its study.

The results of the Committee's study are reflected in the

succeeding pages of this report, in the two appendixes to the report,

and in a second report (Pt. II) which is under preparation.

The instant report (Pt. I) sets out the facts adduced by the

Committee and recommendations of the Committee with respect thereto.

In this portion of its work the Committee has labored to avoid to the

utmost extent possible any legalistic discussions. Citations to

constitutional provisions, statutes, or court decisions are made only

when it seems inescapably necessary to make them, and rarely is any

law quoted in the body of the report. It is the hope of the Committee

that this approach will make this report more useful than it otherwise

might be to non‑lawyer officials, Federal and State, who have occasion

to deal with problems arising from ownership, possession or control of

land in the States by the Federal Government.

Appendix A to this report summarizes the basic factual information

received from individual Federal agencies in connection with this

study and sets out briefly the views of the agencies as to the

legislative jurisdictional requirements of properties under their

control. It is on this information received in reply to

questionnaires A and B, already referred to, that the Committee has

largely based its determinations as to the jurisdictional requirements

of Federal agencies.

Appendix B contains the texts of all constitutional provisions and

major statutes of general effect, Federal and States, directly

affecting

legislative jurisdiction, as such provisions and statutes were in

effect on December 31, 1955, with explanatory material relating

thereto. The contents of this appendix were necessarily developed for

analytical purposes during the course of the study and are included

with the report as a logical supplement and as of particular value to

lawyers and legislators for independent analysis.

The second report of the Committee (Pt. II) will be a legal text on

the subject of legislative jurisdiction. It will include

consideration of salient Federal and States constitutional provisions,

statutes, and court decisions, and opinions of major importance of

principal Federal and State law officers, which have come to the

attention of the Committee in the courses of the exhaustive study it

has endeavored to make of this subject.

There has been assimilated into the Committee's reports all the

legal learning in the legislative jurisdiction field of the members of

the Committee and of their predecessor chief law officers, as the

Committee has interpreted this learning from opinions rendered by

these officers. To this has been added consideration of legal

opinions of other chief law officers of the Federal Government,

including the Attorney General and the Comptroller General, and of

attorneys general of the several States, of court decisions in some

1,000 Federal and state cases, of matter in innumerable textbooks and

legal periodicals, and of all manner of factual and legal information

related to legislative jurisdiction submitted by 33 agencies of the

Federal Government.

The Committee notes that there has never before been conducted a

study of the subject of legislative jurisdiction approaching in

comprehensiveness the survey of the facts and the law which has been

made. While the Committee's reports cannot reflect every detail of

the study, it is hoped that they will provide a basis for resolving

most of the problems arising out of legislative jurisdiction

situations.

CHAPTER II

HISTORY AND DEVELOPMENT OF FEDERAL

LEGISLATIVE JURISDICTION

Origin of article I, section 8, clause 17, of the Constitution.--

This provision was included in the Constitution as the result of

proposals made to the Constitutional convention on May 29 and August

18, 1787, by Charles Pinckney and James Madison. The clause was born

because of the vivid recollection of the members of the Convention of

harassment suffered by the Continental Congress at Philadelphia, in

1783, at the hands of a mob of soldiers and ex-soldiers whom the

Pennsylvania authorities felt unable to restrain, and whose activities

forced the Congress to move its meeting place to Princeton, N.J. The

delegates to the constitutional convention, many of whom had suffered

indignities at the hands of this mob as members of the Continental

Congress, were impressed by this incident, and by a general

requirement for protection of the affairs of the then weak Federal

Government from undue influence by the stronger States, to provide for

an area independent of any State, and under federal jurisdiction, in

which the Federal Government would function. Without much debate

there was accepted the their that places other than the seat of

government which were held by the Federal Government for the benefit

of all the States similarly should not be under the jurisdiction of

any single State.

Objections made by Patrick Henry and others, based upon the dangers

to personal rights and liberties which clause 17 presented, were

anticipated or replied to by James Iredell of North Carolina

(subsequently a United States Supreme court Justice) and Mr. Madison.

They assured that the rights of residents of federalized areas would

by protected by appropriate reservations made by the States in

granting their respective consents to federalization. (It may be

noted that this assurance has to this time borne only little fruit.)

Early practice concerning acquisition of legislative jurisdiction.-

-The Federal City was established at what became Washington on land

ceded to the Federal Government for this purpose by the States of

Maryland and Virginia under the first portion of clause 17. However,

the provision of the second portion, for transfer of like jurisdiction

to the Federal Government over other areas acquired for Federal

purposes, was not uniformly exercised during the first 50 years of the

existence of the United states. It was exercised with respect to

most, but not all, lighthouse sites, with respect to various forts and

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arsenals, and with respect to a number of other individual properties.

But search of appropriate records indicates that during this period it

was often the practice of the Government merely to purchase the lands

upon which its installations were to be placed and to enter into

occupancy for the purposes intended, without also acquiring

legislative jurisdiction over the lands.

Acquisition of exclusive jurisdiction made compulsory.--The Federal

practice of not acquiring legislative jurisdiction in many cases was

terminated in 1841, as a result of what appears to have been a

legislative accident. A controversy had developed between the Federal

Government and the State of New York concerning the title to (not the

legislative jurisdiction over) a single area of land on Staten Island

upon which a fortification had been maintained for many years at

Federal expense. Presumably to avoid a repetition of such incidents,

the Congress provided by a joint resolution of September 11, 1841 (set

out in appendix B to this report as sec. 355 of the Revised Statutes

of the United States), that thereafter no public money could be

expended for public buildings [public works] on land purchased by the

United States until the Attorney General had approved title to the

land, and until the legislature of the State in which the land was

situated had consented to the purchase.

In facilitating Federal construction within their boundaries most

States during the ensuing years enacted statutes consenting to the

acquisition of land (frequently any land) within their boundaries by

the Federal Government. These general consent statutes had the effect

of implementing clause 17 and thereby vesting in the United States

exclusive legislative jurisdiction over all lands acquired by it in

the States. The only exceptions were cases where the Federal

Government plainly indicated, by legislation or by action of the

executive agency concerned, that the jurisdiction proffered by the

State consent statute was not accepted. Necessity for plain

indication by the Federal Government of non‑acceptance of jurisdiction

came about because of a general theory in law that a proffered benefit

is accepted unless its non‑acceptance is demonstrated.

It should be noted that lands already under the proprietorship of

the United States when these general consent statutes were enacted,

such as the lands of the so-called public domain, were not affected by

the statutes, and legislative jurisdiction with respect to them

remained in the several States. Curiously, therefore, the vast areas

of land which constitute the Federal public domain generally are held

by the United States in a proprietorial statute only. It should also

be noted that the 1841 Federal statute did not apply to lands acquired

by the United States upon which there was no intent to erect public

build-

ings within the broad meaning of the statute. However, the Federal

Government quite completely divested the States, with their consent,

of legislative jurisdiction over numerous and large areas of land

which it acquired during the hundred year period following 1841

without, apparently, much concern being generated in any quarter for

the consequences.

State inroads upon acquisition of exclusive jurisdiction.--In the

course of the tremendous expansion of Federal land acquisition

programs which occurred in the 1930's the States became increasingly

aware of the impact upon State and local treasuries (which will be

discussed in considerable detail) of Federal acquisition of exclusive

legislative jurisdiction and its further impact on normal State and

local authority. With the development of this awareness there began

the development of a tendency on the part of States to repeal their

general consent statutes and in some cases to substitute for them what

may be termed "cession statutes," specifically ceding some measure of

legislative jurisdiction to the United States while frequently

reserving certain authority to the State. In other instances States

amended their consent statutes so that such states similarly reserved

certain authority to the State. Included among the reservations in

such consent and cession statutes are the right to levy various taxes

on persons and property situated on Federal lands and on transactions

occurring on such lands; criminal jurisdiction over acts and omissions

occurring on such lands; certain regulatory jurisdiction over various

affairs on such lands such as licensing rights, control of public

utility rates, and control over fishing and hunting; and the most

complete type of reservation--a retention by the State of all its

jurisdiction, to the Federal Government.

It should be emphasized that Federal instrumentalities and their

property are not in any event subject to State or local taxation or to

most types of State or local controls. However, the transfer to the

United States of exclusive legislative jurisdiction over an area has

the effect, speaking generally, of divesting the State and any

governmental entities operating under its authority of any right to

tax or control private persons or property upon the area. It was the

divesting of such rights that reservations in consent and cession

statutes were designed to combat.

Statutory enactments of various States have also fixed conditions

concerning procedural aspects of Federal acceptance of legislative

jurisdiction. For example, some States require publication of intent

to accept and recordation with county clerks of metes and bounds of

property, or have other similar requirements. In the case of one

State these procedural requirements have been deemed by some federal

agencies to be so onerous, and the reservations of jurisdiction made

by the State to be so broad, that the agencies have not felt justified

in meeting the procedural requirements in view of the small amount of

jurisdiction which is thereby acquired.

Retrocession by the Federal Government.--The States could not by

unilateral action retrieve from the Federal Government authority which

they had surrendered over areas as to which they had already ceded

exclusive legislative jurisdiction to the Government, but during the

mentioned period when States were altering their consent statutes the

Federal Government relinquished to the States the authority to tax

sales of motor vehicle fuels, to impose sales and use taxes, and to

levy income taxes. These relinquishments, or retrocession, were

applicable to areas as to which jurisdiction previously had been

acquired as well as to future acquisitions. The term "retrocede" is

used generally here and throughout this report to include waivers of

immunity as well as retrocession of jurisdiction. The statutes

involved are set out in appendix B in the codified form in which they

appear in title 4 of the United States Code.

Exclusive jurisdiction requirement terminated.--There was also

enacted, on February 1, 1940, an amendment to section 355 of the

Revised Statues of the United States which eliminated the requirement

for State consent to any Federal acquisition of land as a condition

precedent to expenditure of Federal funds for construction on such

land. The amendment substituted for the previous requirement provided

that (1) the obtaining of exclusive jurisdiction in the United States

over lands which it acquired was not to be required, (2) the head of a

Government agency could file with the governor or other appropriate

officer of the State involved a notice of the acceptance of such

extent of jurisdiction as he deemed desirable as to any land under his

custody, and (3) until such a notice was filed it should be

conclusively presumed that no jurisdiction had been accepted by the

United States. This amendment ended the 100-year period during which

nearly all the land acquired by the United States came under the

exclusive legislative jurisdiction of the Federal Government.

Subsequent developments.--Federal abandonment, through the revision

of Revised Statute 355, of the nearly absolute requirement for State

consent to federal land acquisition had two direct effects: (1) the

state tendency to amendment of consent and cession laws so as to

provide various reservations was accelerated, and (2) Federal

administrators, particularly of newer agencies which did not have

long-established habits of acquiring exclusive legislative

jurisdiction, tended not to acquire any legislative jurisdiction for

their lands. The first

tendency has developed to the point that, it may be seen from appendix

B to this report, as of a recent date only 25 States, many of these

having relatively little Federal property within their boundaries,

still proffered exclusive legislative jurisdiction to the Federal

Government by a general consent or cession statute. The other

tendency has been sufficiently manifested that, it will be noted from

more specific information offered later in this report, a very large

proportion of federal properties is now held with less than exclusive

jurisdiction in the United States.

The tendencies described have not had any substantial effect on the

bulk of properties as to which jurisdiction was acquired by the United

States prior to 1949. Property acquired by the Federal Government

with a vesting of legislative jurisdiction continues to this time in

the same general jurisdictional status as originally attached. An

exception occurs in those cases in which there is a limitation on the

exercise of legislative jurisdiction by the United States specifically

or by implication set out in the State statute under which the Federal

Government procured such jurisdiction (such as a limitation that the

proffered jurisdiction shall continue in the United States only so

long as the United States continues to own a property, or so long as

the property is used for a specified purpose). Once legislative

jurisdiction has vested in the United states it cannot be retested in

the State, other than by operation of a limitation, except by or under

an act of Congress.

The Congress has acted, mainly, only to authorize imposition of the

specific State taxes already mentioned, to permit States to apply and

enforce their unemployment compensation and workmen's compensation

laws in Federal areas, and to retrocede to the States jurisdiction

over a mere handful of properties (in the last category the usual case

involves only a retrocession of concurrent criminal jurisdiction with

respect to a public highway traversing a Government reservation). The

Congress has also authorized the Attorney General and the

Administrator of Veterans' Affairs, respectively, to retrocede

jurisdiction in certain limited instances, but this authority appears

to have been rarely used; and the Congress has extended to the State

jurisdiction over criminal offenses occurring on immigrant stations.

Whether the Congress has authorized imposition of State and local

taxes on private interests in all military housing constructed under

the so-called Wherry Act, some of which is located on areas as to

which the United States has received legislative jurisdiction, is a

question now before the Supreme Court of the United States. All the

statutes involved are, as has already been indicated, set out in

appendix B to this report.

CHAPTER III

DEFINITIONS -- CATEGORIES OF LEGISLATIVE

JURISDICTION

Exclusive legislative jurisdiction.--The term "exclusive

legislative jurisdiction" as used in this report refers to the power

"to exercise exclusive legislation" granted to the Congress by article

I, section 8, clause 17, of the Constitution, and to the like power

which may be acquired by the United States through cession by a State,

or by a reservation made by the United States through cession by a

State, or by a reservation made by the United States in connection

with the admission of a State into the Union. In the exercise of such

power as to an area in a State the Federal Government theoretically

displaces the State in which the area is contained of all its

sovereign authority, executive and judicial as well as legislative.

By State and Federal statutes and judicial decisions, however, it is

accepted that a reservation by a State of only the right to serve

criminal and civil process in an area, resulting from activities which

occurred off the area, is not inconsistent with exclusive legislative

jurisdiction.

The existence of Federal retrocession statutes has had the effect

of eliminating any possibility of the possession by the Federal

Government at this time of full exclusive legislative jurisdiction,

since all States may exercise jurisdiction in consonance with such

statutes notwithstanding that they cede exclusive legislative

jurisdiction. However, in view of a widespread use of the term

"exclusive legislative jurisdiction" in this manner, the Committee for

purposes of the instant study has applied the term to the situation

wherein the Federal Government possess, by whichever method acquired,

all the authority of the State, and in which the State concerned has

not reserved to itself the right exercise any authority concurrently

with the United States except the right to serve civil or criminal

process in the area.

Because reservations made by the States in granting jurisdiction to

the Federal Government have varied so greatly, and in order to

describe situations in which the government has received or accepted

no legislative jurisdiction over property which it owns, the Committee

has found it desirable to adopt three other terms which are in general

use in reference to jurisdictional status, and in an effort at

precision has defined these terms. While these definitions are based

on judicial decisions and similar authorities, and on usage in

Government agencies, it is desired to emphasize that they are made

here only for the purposes

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of this study, and that they are not purported as absolute criteria

for interpreting legislation or judicial decisions, or for other

purposes. By way of example the Assimilative Crimes Act, referred to

at several points in this report, which by its terms is applicable to

areas under exclusive or concurrent jurisdiction, in the usual case is

applicable in areas here defined as under partial jurisdiction.

Concurrent legislative jurisdiction.--This term is applied in those

instances wherein in granting to the United States authority which

would otherwise amount to exclusive legislative jurisdiction over

areas the State concerned has reserved to itself the right to

exercise, concurrently with the United States, all of the same

authority.

Partial legislative jurisdiction.--This term is applied in those

instances wherein the Federal Government has been granted for exercise

by it over an area in a State certain of the State's authority, but

when the State concerned has reserved to itself the right to exercise,

by itself or concurrently with United States, other authority

constituting more than merely the right to serve civil or criminal

process in the area (e.g., the right to tax private property).

Proprietorial interest only.--This term is applied to those

instances wherein the Federal Government has acquired some right or

title to an area in a State but has not obtained any measure of the

State's authority over the area. In applying this definition

recognition should be given to the fact that the United States, by

virtue of its functions and authority under various provisions of the

Constitution, has many powers and immunities not possessed by ordinary

landholders with respect to areas in which it acquires an interest,

and of the further fact that all its properties and functions are held

or performed in a governmental rather than a proprietary capacity.

CHAPTER IV

BASIC CHARACTERISTICS OF THE SEVERAL

CATEGORIES OF LEGISLATIVE JURISDICTION

Effects of varying statutes.--To each of the four categories of

legislative jurisdictional situations (in which the United States has

(a) exclusive, (b) concurrent, (c) or partial legislative

jurisdiction, or (d) a proprietorial interest only) differing legal

characteristics attach. These differences result in various

advantages, various disadvantages, and many problems arising for the

Federal Government, for State and local governments and for

individuals, out of each of the several types of legislative

jurisdiction. Specific advantages, disadvantages, and problems will

be discussed in succeeding portions of this report. Knowledge of the

basic incidents of the several categories of legislative jurisdiction

is essential, however, to the identification and appraisal of these

matters.

Exclusive legislative jurisdiction.--When the Federal Government

receives exclusive legislative jurisdiction over an area, the

jurisdiction of the State and of any local governments (which of

course derive their authority from the State) is ousted, subject only

to the right to serve process and to t several concessions made by the

Federal Government which have already been mentioned. Thereafter only

Congress has authority to legislate for the area. However, while

Congress has legislated for the District of Columbia, it has not

legislated for other areas under its exclusive legislative

jurisdiction except in a few particulars which will be indicated

hereinafter.

The courts have filled the vacuum which might otherwise have

occurred by adopting for such areas a rule of international law

whereby as to ceded territory the laws of the displaced sovereign

which are in effect at the time of cession and which are not in

conflict with laws or policies of the new sovereign remain in effect

as laws of such new sovereign until specifically displaced. Under the

international law rule it is anticipated that the new sovereign will

act to keep the laws of the ceded territory up to date, for any

enactments or amendments by the old sovereign have not effect in

territory which has been ceded. In view of the fact that Congress has

not acted except as will be stated to amend or otherwise maintain the

laws in areas other than the District of Columbia which are under its

exclusive legislative jurisdiction, the laws generally in effect in

each such area

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are the former State laws which were in effect there as of the time,

be it 20 or 120 years ago, when jurisdiction over the area passed to

the United States. It can be seen that since laws of every State have

been developing and changing throughout the years, the laws applicable

in Federal exclusive jurisdiction areas in the same State vary

according to the time at which jurisdiction there over passed to the

United States. It can also be seen that since the laws applicable in

these areas have not developed or changed during the period of Federal

exercise of jurisdiction in the areas, such laws are in most cases,

obsolete, and in many cases archaic. This condition adversely affects

nearly all who may be involved, with the effects most likely to be

felt by persons residing or doing business on the area and those who

deal with such persons.

In certain instances, even within a single area under exclusive

Federal jurisdiction, an engineering survey may be necessary to

determine exactly where an act giving rise to a legal effect occurred,

in order to ascertain which of several successive state laws, all

archaic, is applicable. This necessity develops from the fact that

ordinarily consent and cession statutes have not transferred

jurisdiction to the United States until it has acquired title, a

process that, at least with respect to larger reservations, has lasted

several years and often has resulted in the applicability under the

international law rule of different State laws to different tracts of

land within the same reservation. This was particularly the case

before the enactment of legislation permitting the United States to

acquire title upon the filing of a condemnation suit, rather than at

the termination of such often protracted litigation.

In other cases, amendments to State consent and cession statutes

during the process of land acquisition have resulted in the United

States' exercising different quanta of legislative jurisdiction in the

same Federal reservation. These areas of different legislative

jurisdiction are often so random and haphazard that only litigation,

again dependent upon an engineering survey, can determine even what

court has jurisdiction, without regard to questions of substantive

law.

In addition, although a body of substantive law is carried over for

areas over which the Federal Government assumes exclusive legislative

jurisdiction, the agencies and administrative procedures which often

are necessary to the functioning of the substantive law are not made

available by the Federal Government. For example, while a marriage

law is carried over, there is no licensing and recordkeeping office;

and while there are public health and safety laws, there rarely are

available the necessary Federal facilities for administering and

enforcing these laws.

In order to avoid the probably insurmountable task of enacting and

maintaining a code of criminal laws appropriate for all the areas

under its legislative jurisdiction, the Congress has passed the so

called Assimilative Crimes Act (18 U.S.C. 13), set out in appendix B.

In this statute the congress has provided in legal effect, that all

acts or omissions occurring on an area under its legislative

jurisdiction which would constitute a crime if the area continued

under State jurisdiction are to constitute a crime if the area

continued under State jurisdiction are to constitute a similar crime,

similarly punishable, under Federal law. The assimilative Crimes Act

does not apply to make Federal crimes based on State statutes which

are contrary to Federal policy. Unlike the court-adopted rule of

international law, the Assimilative Crimes Act provides that the State

laws applicable shall be those in force "at the time of such act or

omission." The criminal laws in areas over which the Congress has

legislative jurisdiction as to crimes are thus as up to date as those

of the surrounding State.

Law enforcement must, of course, be supplied by the Federal

Government since, the State law being inapplicable within the

enclave, local policemen and other law-enforcement agencies do not

have authority nor do the State courts have criminal jurisdiction over

offenses committed within the reservation. However, Federal law

enforcement facilities are distant from many Federal areas, and the

machinery of the Federal court system is not designed to handle

efficiently or with reasonable convenience to the public or to the

Federal Government the administration of what are essentially local

ordinances.

Federal areas of exclusive jurisdiction are considered in many

respects to comprise legal entities separate from the surrounding

State, and, indeed, until a recent decision the United States Supreme

Court dispelled the notion, were viewed as completely sovereign areas

(under the sovereignty of the United States), geographically

surrounded by another sovereign. As a result there is not obligation

on the State or on any local political subdivision to provide for such

areas normal governmental services such as disposal of sewage, removal

of trash and garbage, snow clearance, road maintenance, fire

protection and the like.

Persons and property on exclusive jurisdiction areas are not

subject to State or local taxation except as Congress has permitted

(income, sales, use, motor vehicle fuel, and unemployment and

workmen's compensation taxes only have been permitted). It should be

noted that the Federal Government and its instrumentalities are not

subject to direct taxation by States or local taxing authorities

regardless of the legislative jurisdiction status of the area on which

they may be operating. However, the immunity from State authority of

exclusive jurisdiction areas has the additional effect of barring

State

all times, under this jurisdictional status as under all others, the

Federal government has the superior right under the supremacy clause

of the Constitution to carry out Federal functions unimpeded by State

interference.

State law, including any amendments which may be made by the State

from time to time, is applicable in a concurrent jurisdiction area.

Thus there is absent the tendency which exists in exclusive

jurisdiction areas for general laws to become obsolete. Federal law

appertaining generally to areas under the legislative jurisdiction of

the United States also applies. State or local agencies and

administrative processes needed to carry out various State laws, such

as laws relating to notaries, various licensing boards, etc., can be

made available by the State or local government in accordance with

normal procedures. State criminal laws are, course, applicable in the

area for enforcement by the State. The same laws apply for

enforcement by the Federal Government under the Assimilative Crimes

Act, which by its terms is applicable to areas under the concurrent as

well as the exclusive legislative jurisdiction of the United States,

and other Federal criminal laws also apply. Most crimes fall under

both Federal and State sanction, and either the Federal or State

Government, or both, may take jurisdiction over a given offense.

Unlike the situation in exclusive jurisdiction areas, the State and

the local governmental subdivisions have the same obligation to

furnish their normal governmental services, such as sewage disposal,

to and in the area, as they have elsewhere in the state. They also

have the compensating right of imposing taxes on persons, property,

and activities in the area (but not, of course, directly on the

Federal Government or its instrumentalities). The regulatory powers

of the States may be exercised in the area but, again, not directly on

the Federal Government or its instrumentalities, and not so as to

interfere with Government activities. Most significant in many cases,

residency in a concurrent jurisdiction area, as distinguish from

residency in an exclusive jurisdiction area, in every sense and to the

same extent qualifies a person as a resident of a State as residency

in any other part of the State, so that none of the problems relating

to personal rights and privileges that may arise in an exclusive

jurisdiction area are raised in a concurrent jurisdiction area.

Partial legislative jurisdiction.--This jurisdictional status

occurs where the State grants to the Federal Government the authority

to exercise certain State powers within an area but reserves for

exercise only by itself, or by itself as well as the Federal

Government, other powers constituting more than merely the right to

serve civil or criminal process.

As to those State powers granted by the State to the Federal

Government without reservation, administration of the Federal area is

the same as if it were under exclusively Federal legislative

jurisdiction, and the powers which were relinquished by the State may

be exercised only by the Federal Government. As to the powers

reserved by the State for exercise only by itself, administration of

the area is as though the United States had no jurisdiction whatever

(i. e., proprietorial interest only ); the reserved powers may not be

exercised by the federal government, but continue to be exercised by

the State. As to those powers granted by the State to the Federal

Government with a reservation by the State of authority to exercise

the same powers concurrently, administration of the area is as though

it were under the concurrent legislation jurisdiction status described

above; only the powers specified for concurrent exercise can, of

course, be exercised by both the Federal and State Governments.

The reservations made by States which result in a partial

legislative jurisdiction status relate usually to such matters as

taxation of individuals on the area and their property and activities,

but can and do relate to numerous combinations of the matters affected

by legislative jurisdiction. Depending on which powers have been

granted to the United States for exercise exclusively by it, various

State laws may or may not be applicable. In any event (assuming no

complete reservation to itself by the State of the right to make or

enforce criminal laws) the Assimilative Crimes Act applies, allowing

law enforcement by Federal officials. Depending also on which powers

have been granted by the State, the relations of the residents of the

area with the State are disturbed to a greater or lesser degree in the

usual case. The exact incidents of this type of jurisdiction need to

be determined in each case by a careful study of the applicable State

cession or consent statute.

Proprietorial interest only.--Where the Federal Government has no

legislative jurisdiction over its land, it holds such land in a

proprietorial interest only and has the same rights in the land as

does any other landowner. In addition, however, there exists a right

of the Federal Government to perform the functions delegated to it by

the Constitution without interference from any source. It may resist,

by exercise of its legislative or executive authority or through

proceedings in the court, according to the circumstances, any

attempted interference by a State instrumentality as well as by

individuals. Also, the Congress has special authority, vested in it by

article IV, section 3, clause 2, of the Constitution, to enact laws

for the protection of property belonging to the United States.

Subject to these conditions, in the case where the United States

acquires only a proprietorial interest the State retains all the

jurisdiction over the area which it would have if a private individual

rather than the United States owned the land. However, for the

reasons indicated the State may not impose its regulatory power

directly upon the Federal Government nor may it tax the Federal land.

Neither may the state regulate the actions of the residents of the

land in any way which might directly interfere with the performance of

a Federal function. State action may in some instances impose an

indirect burden upon the Federal Government when it concerns areas

held in a proprietorial interest only, as in the Penn Dairies case,

supra. Any persons residing on the land remain residents of the State

with all the rights, privileges, and obligations which attach to such

residence.

CHAPTER V

LAWS AND PROBLEMS OF STATES RELATED TO

LEGISLATIVE JURISDICTION

Use of material from State sources.--The great bulk of the material

received by the committee from State attorney general and other State

sources consists of excerpts appertaining to legislative jurisdiction

from the constitutions and statutes of the States. This particular

material, conformed to reflect the status of the law as of December

31, 1955, will be found in appendix B to this report arranged

alphabetically by States. The judicial decisions and legal opinions

which the attorneys general directed to the attention of the

committee, which were invaluable in forming apart of the basis for the

views of the Committee set out in this report, in the main will be

specifically referred to only in part II of the report, which

constitutes a text of the law on the subject of legislative

jurisdiction. Certain aspects of the material relating to State

appear appropriate for discussion at this point, however.

Provisions of State constitutions and statutes relating to

jurisdiction.--It is noted by the Committee that the constitutions on

Montana, North Dakota, and South Dakota have ceded to the United

States exclusive legislative jurisdiction over certain specified

areas, so that amendments to the constitutions might be required in

effecting changes of the jurisdictional status of the areas involved.

The constitution of the State of Washington gives the consent of the

States over tracts of land held or reserved for the purposes of

article I, section 8, clause 17, of the United States Constitution, so

that no limitation apparently may be placed by the State legislature

on the exercise by the United States of exclusive jurisdiction over

such areas within the State. While three other States (California,

Georgia, Texas) also have constitutional provisions which bear some

relation to legislative jurisdiction, such relation is indirect and

relatively insignificant.

The Committee's study indicates that as recently as 25 years ago

all States had in effect consent or cession statutes of more or less

general application which permitted the vesting in the United States

of exclusive legislative jurisdiction, or substantially exclusive

legislative jurisdiction, over properties acquired by it within the

State. As of

(23)

December 31, 1955, only 25 States (identified in the table presented

at the end of this chapter) continued to have such statutes. In

addition, exclusive (or lesser) jurisdiction may be ceded in Virginia

by action of the Governor and attorney general, and in Florida and

Alabama by their respective Governors. Three States, Illinois,

Kentucky, and Tennessee, have wholly repealed their consent and

cession statutes. Pennsylvania consents to the Federal acquisition of

property (and therefore exclusive legislative jurisdiction over such

property) necessary for the erection of aids to navigation, but not

for other purposes of the government. The other States have consent

and cession statutes containing various limitations and reservations.

All States which have such statutes reserve authority for the service

of process upon areas the jurisdiction over which is transferred based

on events which occurred off the areas. The table which appears at

the end of this chapter, together with its notes, gives certain

information concerning the provisions made in State constitutions and

statutes with respect to legislative jurisdiction. For more detailed

information it is suggested that reference be had to appendix B to

this report.

Expressions by State attorneys general respecting Federal exercise

of jurisdiction.--The attitude of the attorney general of Kentucky

with respect to the exercise by the Federal government of exclusive

legislative jurisdiction over areas within his State, which was

particularly well expressed, perhaps reflects views of other State

officials and reasons why the States have tended in recent years to

limit the availability to the United States of legislative

jurisdiction:

In commenting generally, we feel that the existence of any Federal

enclaves in this State has probably been conductive to embarrassment

to both the Federal and the State authorities. We have noted in our

dealings with the Atomic Energy Commission at Paducah, whose

installation there is partially within a Federal enclave and partially

without, that this most secret of all federal activities an be carried

on most successfully within the State jurisdiction, and the atomic

Energy Commission officials width whom we have dealt have so expressed

themselves. The transfer of jurisdiction to the Federal Government is

as anachronism which has survived from the period of our history when

Federal powers were so strictly limited that care had to be taken to

protect the Federal Government from encroachment by officials of the

all-powerful States. Needless to say, this condition is now exactly

reversed. If there is any activity which the Federal Government

cannot undertake on its own property without the cession of

jurisdiction, we are unaware of it.

It is our hope that your Committee will be able to recommend a

retrocession to Kentucky of all of the Federal enclaves in this State,

so that our local governments, our law courts, our administrative

agencies and our Federal officials themselves may cease to be vexed

with this annoying and useless anachronism.

Another view, which is, nevertheless, critical of practices of

Federal agencies with respect to the acquisition of legislative

jurisdiction, is also well stated by the attorney general of New York:

It would seem that it would result in a change for the better if

acquisition by the United States of jurisdiction over areas in this

State were limited to those cases in which such acquisition is

absolutely necessary to the accomplishment of the Federal purposes for

which the lands have been or are acquired and to which they are

devoted, and that the jurisdiction heretofore acquired by the United

States should be returned to the State in all cases where its

retention by the United States in not absolutely required.

It is difficult to see, for instance, how the advantages, if any,

outweigh the disadvantages of acquisition by the United States of

exclusive jurisdiction over sites within the State acquired for the

purposes of post offices, office buildings, courthouses, lighthouses,

veterans' hospitals, and the like. In the absence of exclusive

Federal jurisdiction, such places and the inhabitants thereof would by

subject to and would receive the protection and benefits of State and

local laws except insofar as the operation of such laws might

adversely affect the United Stats in the use of the property for the

purposes for which it is maintained (Surplus Trading Co. v. Cook, 281

U.S. 647, 650 ).

A good beginning was made by the act of Congress of February 1,

1940 (54 Stat. 19; 40 U.S.C.A. 255), sometimes C referred to as the

act of October 9, 1940 (54 Stat. 1083). Adoption of that act followed

the decisions of the Supreme Court in James v. Dravo Contracting Co.,

302 U.S. 134; Mason Co. v. Tax Commission, 302 U.S.186; and Collins v.

Yosemite Park Co., 304 U.S. 518 (See Adams v. U.S., 319 U.S.312).

One of the underlying reasons for that act was a realization by

Congress of the fact, adverted to by the Supreme Court at page 148 of

its opinion in James v. Dravo Contracting Co., that "a transfer of

legislative jurisdiction carries with it not only benefits but

obligations, and it may be highly desirable, in the interests of both

the National Government and of the State, that the latter should not

be entirely ousted of its jurisdiction." But the benefits of that act

will not be achieved in the measure hoped for unless administrative

departments of the Federal government exercise a discriminating, self-

imposed restraint in applying for and accepting cessions to the United

states of exclusive jurisdiction over lands within the Stats.

Not all attorneys general were critical of the exercise of

legislative jurisdiction, however. The general of Maine and Florida,

for example, indicated that their problems arising out of legislative

jurisdiction were minor. Nevertheless, in each instance the existence

of such problems was acknowledged.

Difficulty of determining jurisdictional status of Federal areas.--

Perhaps the problems most often referred to by State attorneys general

arose out of the difficulty of determining the jurisdictional status

of federally owned areas, where the task was to ascertain whether

State laws, or which state law applied in an area. In Kansas and in

Maryland, for example, there presently exist serious situations with

respect to the indefinite jurisdictional status of important

highways. The basic question involved in Kansas situa-

tion appears to be whether the Federal Government in 1875 received

legislative jurisdiction over a federally owned highway adjoining Fort

Leavenworth on which many problems of law enforcement now occur. The

Maryland situation arises out of the fact that a large portion of the

Baltimore-Washington Expressway, contained almost wholly within the

territorial boundaries of the State of Maryland, passes through areas

acquired at separate times, for separate purposes, and with differing

legislative jurisdictional statuses, by the Federal Government. Since

the United States has exclusive legislative jurisdiction over various

of these areas the boundaries of which cannot easily be established

there exists a Balkanized situation on the highway as a result of

which Maryland law-enforcement authorities are finding it virtually

impossible, particularly with respect to traffic violations, to

establish jurisdiction over crimes committed on segments of the

highway which actually are within their jurisdictional authority.

On the subject of what givers rise to the principal difficulties

has by States with respect to areas under Federal jurisdiction the

attorney general of Maryland states:

I would generally say that the most important item to be considered

at the outset, insofar as the State of Maryland is concerned, is an

exact inventory of each and every item of federally owned real estate,

together with an ascertainment of the existing jurisdictional picture

as to each such area. Once we have determined this, we will be in a

far better position to assess what is necessary in the way of

agreements between the Federal Government and the State and in

clarifying legislation.

Taxing problems.--These are another apparently serious concern

arising for State attorneys general and other State officials out of

legislative jurisdictional situations. In the usual case the problem

does not directly involve the United States or an instrumentality

thereof, the immunities of which from State and local taxation are

well known to responsible State officials. Rather, the problems arise

from legal discriminations still existing with respect to areas under

Federal exclusive legislative jurisdiction whereby residents of such

areas, persons doing business in the areas, and privately owned

property contained in the areas, must receive from State and local

taxing authorities treatment different from that accorded to very

similarly situated persons and property on areas as to which the

United States does not have exclusive legislative jurisdiction. The

situations obviously complicated by the fact that the imposition of

certain taxes on private persons, activities, and properties in

Federal exclusive legislative jurisdiction areas have been authorized

by the Congress while others have not.

A frequently mentioned problem in the tax field was that arising

with respect to so-called Wherry housing, which is housing constructed

and operated by private persons for military personnel. This housing

is usually located land leased from the Federal Government which is

part of the side of a military installation, and which often is under

the exclusive legislative jurisdiction of the United States. White

the Congress has in certain specific terms authorized State and local

taxation of private leasehold interests in such housing projects, many

States and local taxing districts do not have tax laws applicable to

leasehold interest, as distinguished from fee interests, and hence are

having difficulty in collecting revenue from that interest which the

Congress has made taxable. However, this particular problem does not

arise out of legislative jurisdictional status. A related problem, as

to whether the Congress authorized the imposition of taxes on such

lease hold interests where the housing is located on land under the

exclusive jurisdiction of the United States is presently before the

Supreme Court of the United States.

Other problems.--Numerous problems of criminal jurisdiction,

licensing and control of alcoholic beverages, and licensing and

control of persons engaged in occupations affecting public health and

safety were mentioned by attorneys general as arising in areas under

the legislative jurisdiction of the United States.

The attorneys general also made frequent references to problems

existing for residents of exclusive jurisdiction areas and their

children, particularly with respect to voting, divorce, old age

assistance, admission to State institutions, and loss of rights to

attendance at public schools.

Summary.--The information received by the Committee from State

sources indicates that numerous problems for States and local

governmental entities,and for persons residing in Federal areas within

the States result from Federal legislative jurisdiction, and

particularly exclusive legislative jurisdiction, over such areas, with

a considerable disruption of the normal relations of State and other

governmental entities with persons within their geographical

boundaries.

CHAPTER VI

JURISDICTIONAL PREFERENCES OF FEDERAL

AGENCIES

Basic grouping of jurisdictional preferences.--Federal agencies can

be divided into three groups as to their views of their legislative

jurisdictional needs. Those in the first group feel that their

functions are carried on most effectively when the United States

acquires exclusive legislative jurisdiction--or some shade of partial

jurisdiction approaching exclusive--over the sites of some of the

installations under their management; the second group consists of

agencies which consider that only a proprietorial interest in the

Federal Government, with legislative jurisdiction left in the States,

best suits the requirement of their operations.

Agencies preferring exclusive or partial jurisdiction.--The group

preferring exclusive or partial legislative jurisdiction includes the

Veterans' Administration (which states that it desires exclusive

jurisdiction, or at least concurrent jurisdiction, over all its

installations except office buildings in urban areas, as to which a

proprietorial interest only is deemed satisfactory), the National Park

Service of the Department of the Interior (which desires to have

partial jurisdiction over national parks and over national monuments

of large land area), and the three military departments, the

Department of the Army (which desires to procure or retain exclusive

as well as other forms of legislative jurisdiction over various

individual installation on an individually determined basis, except

as to land dedicated to civil projects of the Corps of Engineers, for

which only a proprietorial interest in the United States as may be

necessary is deemed best suited), the Department of the Navy (which

desires an exclusive or certain partial legislative jurisdiction for

its major installations, on an individually determined basis), and the

Department of the Air Force (which desires a partial legislative

jurisdiction but which would find concurrent legislative jurisdiction

acceptable under certain conditions). Also, the Bureau of the Census

and the Civil Aeronautics Administration of the Department of Commerce

each consider that no less than an existing exclusive or partial

legislative jurisdiction is best suited to one certain Federal

property which each occupies.

(33)

Agencies preferring concurrent jurisdiction.--The group preferring,

in special situations, concurrent jurisdiction for certain of its

properties consists of the General Services Administration (which

finds a proprietorial interest sufficient for general purposes but, in

the event of a failure to secure certain statutory changes hereinafter

recommended, would desire concurrent jurisdiction for limited areas

requiring special police services), the Department of Health,

Education, and Welfare (which desires such jurisdiction for a small

number of properties in special situations, but which considers a

proprietorial interest generally satisfactory), the Department of the

Navy (which desires such jurisdiction, but alternatively would not

find only a proprietorial interest grossly objectionable, as to all

properties other than the major properties for which it determined

exclusive or partial legislative jurisdiction most desirable), the

Bureau of Prisons of the Department of Justice (which desires

concurrent legislative jurisdiction for its installations in which

prisoners are maintained), the Bureau of Public Roads of the

Department of Commerce (which desires concurrent jurisdiction for five

installations), and the Department of the Interior (which consider

that this status may be desirable for certain wildlife areas).

Agencies preferring a proprietorial interest only.--The last and

largest group, which desires for its properties only a proprietorial

interest in the United States, with legislative jurisdiction left in

the States, includes all Federal agencies not mentioned in the two

paragraphs above which occupy or supervise real property of the United

States and, as to certain of their properties, several of the

mentioned agencies. Among the major landholding agencies in this

third group are the Department of Agriculture, the General Services

Administration for all of its properties (except those as to which

concurrent jurisdiction is required unless certain amendments to its

authority to furnish special police services are enacted), the

Tennessee Valley Authority (which reserved judgment as to whether one

certain installation should be under an exclusive jurisdiction status

for security reasons), the Atomic Energy Commission, the Department of

the Treasury, the Housing and Home Finance Agency, the Department of

Health, Education, and Welfare as to most of its properties, and the

International Boundary and Water Commission. The Central Intelligence

Agency and the Immigration and Naturalization Service of the

Department of Justice hold relatively minor amounts of real property

but it is interesting to note, in view of the security aspects of

their operations, that they are also included in the group which

desires only a proprietorial interest for their properties.

Lands held in other than the preferred status.--One of the facts

which early came to the attention of the Committee is that while many

Federal agencies have more or less definite views as to what

legislative jurisdictional status is best suited for their lands in

the light of the purposes to which the lands are put, they often hold

large proportions of such lands indifferent status. The Central

Intelligence Agency and the United States Information Agency are the

only Federal agencies which hold all their properties solely in the

status (proprietorial interest only) which they consider best for

their purposes.

Where, as is usually the case, the lands are held with more

jurisdiction in the United States than is considered best by the

Federal agency concerned, the explanation often, and with most

agencies, lies in the fact that jurisdiction was acquired prior to

February 1, 1940, during the 100-year period when it was generally

mandatory under Federal law (Rev. Stat. 355,see appendix B) that

agencies procure the consent of the State to purchase of land (whereby

the United State acquired exclusive legislative jurisdiction over such

land by operation of art. I, sec. 8, clause 17, of the Constitution).

In other instances the land was acquired by transfer from other

agencies which preferred a status involving more jurisdiction in the

United States than is desired by the agency presently utilizing the

property. The latter is particularly true of the Atomic Energy

Commission, the Department of Agriculture, and other agencies desiring

little or no legislative jurisdiction, which now hold certain lands

originally acquired by one of the military departments. In still

other instances an agency has been required by old Federal statutes,

or by newer legislation patterned on old statutes, to acquire a

particular type of jurisdiction over land to be utilized for certain

purposes. The last reason applies to national park areas under the

supervision of the Department of the Interior, the jurisdictional

status of which is fixed with few exceptions by statutes pertaining to

individual such areas, which statutes for many years apparently have

been patterned on similar preexisting laws.

Another basic cause of an excess of jurisdiction in the United

States, and of some link of desired jurisdiction, is that with only

three exceptions (Alabama, Florida, and Virginia) the States in their

general consent or cession statutes rigidly fix the quantum of

jurisdiction available to the federal Government, which measure of

jurisdiction is accepted by Federal agencies actually desiring a

lesser measure in

order to avoid requirement for requesting special State legislation.

In this connection in may that while Federal law (Rev. Stat. 355, as

amended) currently grants authority to Federal administrators to

acquire only such jurisdiction as they deem necessary, state laws with

the three exceptions noted are not designed to permit any

accommodation to differing Federal needs. A further basic cause of an

excess of jurisdiction in the United States is the fact, already

mentioned, that while Federal law gives authority (with minor

exceptions) to Federal administrators to acquire jurisdiction, it does

not (with similarly minor exceptions) give them like authority to

dispose of jurisdiction once it is acquired.

Where, on the other hand, the lands of an agency are held with less

jurisdiction in the United States than is considered best by the

Federal agency concerned, the most frequent explanation would appear

to be that the State law does not permit the acquisition of the type

of legislative jurisdiction (or at least concurrent jurisdiction) in

nearly all cases, has accepted no jurisdiction over its more recent

acquisitions in California because of what it considers the onerous

procedural provisions of the California cession statute and the

indefinite nature of the jurisdiction acquired once the procedures

have been completed.

Lack of firm agency policy with respect to the quantum of

jurisdiction which should be acquired for various types of agency

installation is also responsible for many instances in which less

jurisdiction than deemed desirable is had by an agency over various of

its properties. The Navy, for example, has indicated that its

practice has been to acquire legislative jurisdiction over its

installations only after the local commander has submitted a justified

request for such acquisition. The Committee has received information

from several agencies, and the replies of several other agencies

suggest the same fact, that until the present study had focused their

attention to matters relating to jurisdiction, many Federal agencies

had developed no policy in this field. This has been responsible for

the acquisition of an excess of jurisdiction more often than of too

little jurisdiction, but has been an apparently significant factor in

each case. The Committee feels that if its work served no other

purpose than has already been accomplished in simulating the agencies

to a study of their own policies, practices and procedures with

respect to acquisition of legislative jurisdiction it will have been

worthwhile.

Difficulty of obtaining information concerning jurisdiction status.

-- Another factor of considerable significance which has been brought

to light by the work of the Committee has been the incompliance and

inaccuracy of agency land records as to the jurisdictional

status of the lands held. In many cases the opinion expressed by an

agency as to the type of jurisdiction that existed over a particula

CHAPTER VII

ANALYSIS OF FEDERAL AGENCY PREFERENCES

A. GENERAL

Determinations concerning jurisdictional needs.--One of the basic

aims of the Committee is to assist Federal agencies, in the light of

all the information gathered by the Committee, in determining the

actual needs of their installations and activities with respect to

legislative jurisdiction. The Committee desires to stress that while

it has indicated, in some instances with considerable definiteness,

the jurisdictional status which the properties of the several agencies

should have, it is of course the individual agencies which have

responsibility for their operations, and it is the agencies, not the

Committee, which must make the final decision.

Every Federal agency having an interest in matters affected by

legislative jurisdiction, and each Federal installation located on

federally owned ground in the three sample State (Virginia, Kansas,

and California) was specifically requested to indicate the

jurisdictional status of its land, any jurisdictional status which the

agency or installation supervisor might prefer, the advantages and

disadvantages to Federal operations of the several types of

jurisdictional status, and the problems which had been experienced out

of any matter related to legislative jurisdiction. In addition, the

Committee gained a considerable insight into the manifold problems

arising out of varying jurisdictional statuses through the many

hundreds of Federal and State judicial decisions, and legal opinions,

memoranda, and letters on this subject prepared by Federal agency

officials, State attorneys general, and others, which were brought to

the attention of the Committee by the various cooperating agencies and

officials.

B. VIEWS OF AGENCIES DESIRING EXCLUSIVE OR PARTIAL

JURISDICTION

State interference with Federal functions.--The views of the

Veterans' Administration, the National Park Service of the Department

of the Interior, the Bureau of the Census and the Civil Aeronautics

Administration of the Department of Commerce, and the three military

departments, most nearly follow the traditional Federal policy, almost

uniform prior to 19940, that the United States needs to acquire

(39)

exclusive legislative jurisdiction over the sites of its installations

if it is to perform its constitutional functions effectively. The

Army report, which is very similar in this respect to a Marine Corps

report, has perhaps expressed the basic reasoning underlying this

traditional Federal view most effectively in its discussion of the

reason numerous local commanders have urged the acquisition of

exclusive legislative jurisdiction. The Army report states:

This is understandable when it is considered that a post commander

is charged with the administration, protection, security, safety , and

care of the properties under his control, including, in a limited

sense, the conduct and activities of the personnel within Such a

commander should, of course, be free in the above respects with the

least possible interference by State or local authorities.

Whether the carrying out of these responsibilities is substantially

related to the jurisdictional status of the site of the installation

will bear further examination.

Direct interference.--Freedom from interference in their operations

by State and local authorities is, indeed, mentioned as a desirable

factor by the Navy, Air Force and Veterans' Administration as well as

the Army, and in the answers of numerous local managers or commanders

of installations of these and various other agencies. While each of

the agency answers to questionnaire A indicates that the reporting

agency is fully aware of the constitutional immunity of Federal

functions from any direct State interference, it would appear that

there is an understandable lack of such knowledge on the part of some

local commanders and managers. However, notwithstanding knowledge of

immunities apart from those flowing from jurisdictional status, these

agencies believe that exclusive jurisdiction aids them in securing

freedom from State and local interference. As stated in the Navy

report:

The principle that the Federal Government enjoys a constitutional

immunity from interference by the States is clearly established. But

the boundaries of that immunity are by no means well-established * * *

If a State has concurrent jurisdiction over an installation and a

conflict occurs as to the applicability of State law, an assertion of

Federal immunity having been made, it is true that the issue may

ultimately be resolved in favor of immunity, but the delay, expense

and effort involved in establishing such immunity, are, in fact,

almost as much an interference as would be actual control by the

State.

Almost the identical thought has been expressed by the Veterans'

Administration. That agency states:

Circumstances and exigencies do not always accommodate themselves to

extended litigation to determine the fine line of demarcation between

Federal and State jurisdictions.

Four basic reasons have been advanced by the Veterans'

Administration for preferring exclusive legislative jurisdiction.

These are that such a jurisdictional status obviates: (1) conformance

to local building codes, (2) State or local interference in hospital

operations as regards boiler plant operation, or sanitation, water, or

sewage disposal arrangements, (3) confusion as to police authority,

and (4) requirements for compliance with numerous and varied State and

local licensing and inspection practices, such as any requirement with

respect to State licensing of Administration physicians.

The question of compliance by the agency with various types of Stat

and local statutes enacted under the police powers of the States,

statutes designed for the protection of the health and safety of the

public, apparently is the principal basis of the concern on the part

of the Veterans' Administration, and indeed is a matter on which

concern was expressed by several other agencies. Among the types of

statutes and regulations involved aside from those regulating matters

mentioned by the Veterans' Administration, are health regulations,

fire prevention regulations, elevator inspection codes, vehicle

inspection laws, and others of a like nature. The immunity of Federal

operations such as those conducted by the Veterans' Administration and

each of the other agencies raising this question from State

interference stems not from Federal jurisdiction over the land upon

which the operations are conducted but is incident to the status of

the operations as functions vested in the Federal Government by the

Constitution. The Federal Government's constitutional immunity from

direct State interference with the carrying out of Federal functions

would appear to be clearly established. The Committee therefore views

the acquisition of any measure of Federal jurisdiction unnecessary in

order to secure freedom from any direct interference in this field.

The Veterans' Administration's concern (reason No. 3), that a

jurisdictional status other than exclusive jurisdiction in the United

States might lead to confusion as to police authority over the area,

would not appear to find support in the cases of its reporting

installation, none of which has reported any such confusion. It

appears to be a fact, on the other hand, that in some instances local

police presently are rendering service on Veterans' Administration

installations under the exclusive jurisdiction of the United States,

in cooperation with the managements of such installations, which

services very likely involve extra-legal arrests and other actions.

Various bureaus of the Department of the Interior have expressed

concern as to whether, in the absence of exclusive jurisdiction, con-

troversies with the States over compliance with State hunting license,

bag limit, open season and similar fish and game regulations in

carrying out programs of reduction of game over-population on certain

properties and extermination of carp and similar harmful species in

the waters thereof will not increase. The Committee agrees with the

Department in its view that just as the Department may not be

prevented from carrying out such programs on its lands, even though it

has acquired no Federal legislative jurisdiction over them, even

though it has acquired no Federal legislative jurisdiction over them,

a State cannot control the manner in which it carries them out. (See

Hunt v. United States, 278 U.S. 96 (1928)).

The implication of the mentioned remarks by the Department of the

Navy, the Veterans' Administration, and the Department of the Interior

might appear to be that Federal and State authorities are in a

constant state of conflict over the application of State authority to

Federal reservations. But specific information received from the many

hundreds of local installations in Virginia, Kansas, and California

would indicate that just the opposite is actually the case. Replies

of these individual installation managers to questionnaire B give an

almost uniform picture of harmony and good relations between

themselves and State and local officials. The State and local

authorities would appear without significant exception to cooperate

fully with Federal officials where such cooperation on their part is

desired, and to adopt a hand-off altitude as to those aspects of the

installations' activities where it is the desire of the Federal

officials that they do so. And this would appear to be the case

irrespective of the jurisdictional status of the site of the Federal

installation.

While it is true that the hundreds of court decisions, legal

opinions, memoranda of law, and similar material dealing with

conflicts that have arisen in this field would indicate that such

harmonious relations have not always existed, it would appear that as

of the present time the relations between State and local officials

are generally on a live-and-let-live basis. In addition, an

examination of the synopses of this material by the Committee has led

it to the belief that a very large proportion of the conflicts dealt

with problems that no longer exist (e. g., taxation questions now no

longer in existence by virtue of the Buck Act, Federal Aid Highway Act

(Hayden-Cartwright Act), and similar enactments) or with matters where

the Federal Government could have secured immunity on either of two

grounds--exclusive legislative jurisdiction in the United States or

Federal constitutional immunity from State interference, and on

whichever ground the Federal Government has stood it has similarly

prevailed. The history of the existence of conflicts with respect to

activities carried out on exclusive legislative jurisdiction lands

establishes, more-

over, that all conflicts cannot be avoided by recourse to acquisition

of exclusive legislative jurisdiction.

To summarize, in the field of the application of the police powers

of the State to the activities of the Federal Government, there can be

no application of State authority based on the exercise of such power

directly to the Federal Government or its instrumentalities. Thus,

whatever immunity from direct State interference is required by an

installation manager or commander in the performance of his Federal

functions would appear to be sufficiently guaranteed to him by

constitutional provisions other than that dealing with exclusive

legislative jurisdiction and those problems envisaged in determining

the boundaries of this Federal immunity do not appear to have arisen

in actual practice to any significant degree. The fact that they have

arisen, and in exclusive jurisdiction areas, demonstrates that

exclusive jurisdiction is not a panacea for avoiding such problems.

After careful consideration of the foregoing the Committee is

constrained to the view that the necessity for avoidance of direct

State or local interference with Federal activities is entitled to

little weight as a factor in determining the need for exclusive

legislative jurisdiction on the part of the Federal Government.

Indirect interference.--A matter of considerable significance to

the agencies which have favored exclusive jurisdiction for their

installations within the States is the lack of immunity of the Federal

Government and its instrumentalities, in the absence of such

jurisdiction, from certain indirect State interference with, or

certain regulation and control of, various activities at the

installations. By "indirect" in meant a control or interference

accomplished by controlling or regulating private persons,

corporations, or agencies that are in the position of employees of the

Federal Government or are acting as its suppliers, contractors, or

concessionaires rather than by a direct impingement of State authority

upon an arm of the Government. The Army, for instance, expresses

concern over the adverse effect State miscegenation statutes might

have on its troop deployment and assignment procedures if less than

exclusive legislative jurisdiction is had over bases within States

having such laws in effect. It is noted by the Committee, however,

that the Army presently has less than exclusive jurisdiction over

numerous bases without apparent adverse effect in this respect. The

Department of the Navy envisages increased procurement costs as to

items subject to State minimum price regulations if deliveries are

made in areas not within the exclusive jurisdiction of the United

States, although the General Counsel of that Department is inclined to

believe that this factor alone would not justify the acquisition of

exclusive legislative jurisdiction. Each of

the military departments expresses the opinion that lack of exclusive

legislative jurisdiction would subject the sale, possession, and

consumption of alcoholic beverages on military reservations to a very

large measure of indirect State control. However, it is not suggested

that such control is a seriously adverse factor with respect to the

many reservations now under less tan exclusive jurisdiction. While

these problems are not he sole examples of indirect State control and

regulation, they serve to illustrate the varied types of problems with

which the land-managing agencies may be required to cope in areas

where they do not have exclusive legislative jurisdiction.

Most of the problems which can be ascribed to indirect State

interference which Federal agencies and their instrumentalities

encounter with respect to installations over which the United States

does not exercise exclusive jurisdiction arise from attempts by the

State to apply, indirectly, either their taxing or their police powers

to Federal activities. As to the taxing power, it is clear that the

Federal Govern enjoys no general immunity from the economic burden of

State taxes imposed on its contractors (Alabama v. King & Boozer, 314

U.S. 1 (1914). Any immunity in this regard must flow from taxable

transaction occurs or the taxable object is located. At the present

time the financial savings which accrue to the United States by virtue

of this immunity would appear not to be significant in view of

Congress' consent to the applicability of State taxes on gasoline

sales, other sales and uses, and income earned on Federal reservations

regardless of the jurisdictional statuses of the reservations.

However, the losses to the States because of their inability to ta

privately owned property located on exclusive jurisdiction areas is

obviously considerable, although only in relatively rare cases does

the United States receive direct benefit from immunity of private

property from taxation.

Where license or similar charges, or minimum price laws, imposed

under the police power of the State are involved, there would appear

to be some advantage to exclusive legislative jurisdiction being

vested in the United States. If suppliers of agencies of the United

States or their instrumentalities are to enjoy freedom form the

applicability of State minimum resale price laws, for example, it must

be considered that in the absence of congressional restrictions on the

States the suppliers can derive such freedom only from the fact the

sale took place on lands under the exclusive legislative jurisdiction

of the United States. The cases of Penn Dairies, Inc. v. Milk Control

Commission (318 U.S. (1943)), and Pacific Coast Dairies v. Department

of Agriculture of California (318 U.S. 285 (1943)), would appear to

have made at least that mush clear.

The alcoholic beverage control laws and regulations of the States

would appear to be a source of potential conflict should the United

States relinquish its exclusive jurisdiction over lands on which the

Federal occupant thereof deals in such beverages. The Federal

Government enjoys a considerable amount of freedom from indirect State

control in its dealings, through such instrumentalities as officers

and noncommissioned officers messes, in alcoholic beverages where such

dealings are confined to areas under the exclusive jurisdiction of the

United States. Concessionaires of the Government also participate in

this freedom. Through the freedom has not gone unchallenged, judging

by the large number of legal opinions in which the chief law officers

of the various departments have had to defend it, it has been firmly

established since the case of Collins v. Yosemite Park Co. (304 U.S.

518 (1937)). That case laid down the principle that shipments from an

out-of-state supplier to a consignee within a reservation under the

exclusive jurisdiction of the United States are not importations into

the State within the meaning of the 21st amendment and therefore not

subject to control by the State under authority of that amendment.

Where the United States does not have exclusive jurisdiction, however,

the police power of the State as expressed in its alcoholic beverage

control laws and regulations would appear to have a considerable

impact on Federal installations. Although there can be no direct

interference by the State with Federal instrumentalities, the

indirect effects would be considerable, since to a large extent State

regulation in this field is exercised through the control, regulation,

and licensing of distributors, wholesalers, warehousemen, and like

persons. In addition, where sales of alcoholic beverages are handled

by concessionaires, as is the case in certain national parks under the

administration of the Department of the Interior, such sales and all

incidents connected therewith would appear to come under he complete

control of the States.

The Committee finds that while the United States and its

instrumentalities are not directly subject to State and local laws and

regulations which have the effect of impeding Federal use of property,

regardless of the legislative jurisdictional status of the property

involved, such laws and regulations in some instances indirectly may

affect Federal activities to some degree on property which is not

immunized from them by its jurisdictional status.

On the other hand, assuming all immunization possible, as by the

procurement for an area of exclusive federal legislative jurisdiction,

laws and regulations enacted under the authority of the State may have

an even more objectionable effect. Many State-enacted police power

regulations would be carried over has Federal laws under the

rule of international law discussed earlier. Because such laws

eventually become obsolete, compliance with them would have an even

more objectionable effect tan compliance with similar, but more up-to-

date, State regulatory measures. Under an exclusive legislative

jurisdiction status, builders, contractors, and similar persons

operating for the Federal Government on a Federal area may be required

to comply with the obsolete laws to avoid liability in the event of

misadventure, for otherwise they could be held liable in a personal

action by an injured party under some circumstances.

It is noted by the Committee that each of the federal agencies

which indicates a preference for a jurisdictional status for its

properties which would insulate such properties from application of

State laws and regulations presently conducts its activities to a

considerable extent and without apparent serious handicap on

properties not so insulated.

The Committee feels that weight must be given to all these and

other factors in determining whether exclusive legislative

jurisdiction, or appropriate partial jurisdiction, is desirable for

installations on which various Federal activities are conducted, and

it further feels that in the usual case the balance will be on the

side of not vesting exclusive or partial jurisdiction in the Federal

Government.

Security.--Several agencies have suggested that exclusive (or, in

some cases, at least concurrent) jurisdiction is necessary to provide

adequately for the physical security of their installations. Although

there was no precise definition of the word "security" by the

Committee or any of the reporting agencies, it is assumed that all

agencies using the term had roughly equivalent understandings of what

the term embraced. As used in the present section of this report it

should be taken to mean the protection afforded an installation by

internal and external measures too control the entrance and departure

of all persons into or from the installation and to prevent the

unauthorized entry or departure by force or covert means of any

persons, to prevent the unauthorized removal of Government property by

persons leaving the installation, and all other measures taken by the

manager or commander to prevent depredation of Government property, or

subversion, sabotage, or similar activities within the installation.

Although security of the installation has been given by several

agencies as a reason for desiring legislative jurisdiction (e.g.,

Army, Air Force, Veterans' Administration, Bureau of Public Roads),

the two agencies with perhaps the greatest need for the security of

their installations, the Atomic Energy Commission and the Central

Intelligence Agency,. indicate that they have experienced no

difficulties in enforcing strict security requirements in any of their

installations

despite the fact that most of the sites are held under only a

proprietorial interest. Furthermore, the Department of the Navy,

relying on an opinion of the Judge Advocate General of the Navy,

reports that it is its view that there is no connection between

security of a base and the jurisdictional status of its site. The

Navy feels that if the adequate performance of a Federal function

requires such measures as erecting fences, arming of guards, or using

force in evicting trespassers or protecting Federal property, then the

measures may be taken regardless of the jurisdictional status of the

land.

On the other hand, certain other agencies have suggested that the

arresting of trespassers is on a firmer legal footing if the United

States has an appropriate measure of legislative jurisdiction. This

is true presently with respect to areas under the supervision of the

General Services Administration, because that agency possesses

authority under the provisions of the act of June 1, 1948 (62 Stat.

281, as amended (40 U.S.C. 318)), to appoint its uniformed guards as

special policemen with power of arrest somewhat greater than those of

a private person only where the United States has acquired exclusive

or concurrent jurisdiction over the property. By General Services

Administration may, upon request, detail its special policemen to

properly administered by other agencies and may extend to such

property the application of its regulations. It has been indicated to

the Committee, however, that as a matter of policy the General

Services Administration will not detail its special policemen to any

Federal establishment unless there is already some General Services

Administration organizations and since as a matter of policy certain

Federal agencies are unwilling to accede to the latter of these

conditions, the acceptance of concurrent or a greater measure of

jurisdiction provides no cure-all if police authority is necessary to

the security of Government installations. However, the Committee

proposes to recommend a helpful amendment to the act of June 1, 1948,

as amended, by eliminating therefrom the requirement for exclusive or

concurrent jurisdiction, as not constituting a necessary or desirable

requirement. With this amendment GSA guards will be able to exercise

police powers over federally owned property without regard to its

jurisdictional status.

With regard to the question of the security of Federal

installations the Committee is inclined to the view that the opinion

advanced by the Department the Navy that adequate security of Federal

installa-

tions can be obtained irrespective of the jurisdictional status of

their sites is legally correct. On the other hand, it recognizes that

Federal civilian guards, security patrols and like employees may more

zealously safeguard the property and interests of the United States if

they are invested with the civil liability for false arrest or

imprisonment. The Committee feels, however, that the proper means of

accomplishing this is by the enactment of legislation along the lines

discussed in the immediately preceding paragraph rather than by the

acquisition of exclusive or concurrent jurisdiction so that title 40,

United States Code, sections 318 and 318b may be applied. For that

reason the Committee does not accord a great deal of weight to the

argument that the acquisition of exclusive (or concurrent)

jurisdiction would aid in obtaining increased security for Federal

installations.

Uniformity of administration.--One of the advantages mentioned by

agencies favoring exclusive legislative jurisdiction was that

uniformity of administration would be secured. It is assumed that

this presupposes that exclusive jurisdiction is essential for some

installations of the agency. To be sure, absolutely uniform

administration of all its installations located in the United States

could be accomplished by any agency in such circumstances only if all

its installations were in an identical jurisdictional status.

However, no agency has expressed a desire that all its lands be held

in an exclusive jurisdictional status, and any such desire would be

futile as a practical matter, since no agency now has all its property

in that status and approximately half the currently do not grant

exclusive jurisdiction to the United States in the ordinary case. For

similar reasons uniformity of administration is therefore not believed

by the Committee to be a valid argument for any particular quantum of

legislative jurisdiction other than a proprietorial interest.

Miscellaneous.--In addition to these major arguments which the

several agencies favoring exclusive legislative jurisdiction have

advanced, there are several others which certain of the agencies have

mentioned. Although one such argument is that the surrender of

exclusive jurisdiction would result in increased taxes to Federal

residents of the areas affected, no agency has put any particular

emphasis on this factor in its discussion of the relative or demerits

of various jurisdictional statuses. This is understandable in view of

the large inroads that recent congressional enactments have made into

the broad tax immunities which these residents at one time enjoyed.

Today, as has already been indicated, property taxes are the only

taxes of any significance which are inapplicable to residents of

Federal enclaves.

Apart from the strictly legal incidents of exclusive legislative

jurisdiction, installations of the Department of the Navy, with

concurrence

indicated by the Navy, suggest that an exclusive jurisdiction status

makes for better relations with the surrounding community in that it

is generally recognized by State and local officials as vesting in the

installation commander authority which such officials might otherwise

claim. Although the Navy report is the only one in which this factor

is specifically mentioned, the Veterans' Administration, Army and Air

Force reports would seem to imply similarly. However, no agency has

furnished the Committee has been unable to evaluate its validity. The

Committee has noted, however, that with great uniformity individual

Federal installations, whatever their jurisdictional status, have

reported existence of excellent relations with neighboring

communities.

The military departments express concern that as to crimes

committed within Federal areas of less than exclusive legislative

jurisdiction conflicts will arise with State authorities as to which

sovereign will exercise its respective jurisdiction. The Army

apparently envisages a possibly considerable increase in the State

prosecution of soldiers who have already once been tried either by

court-martial or in Federal district court. From the answers that

have been submitted by individual installations to questionnaire B,

however, it would appear that the basis of this argument is more

theoretical than actual. As has been several times pointed out, the

answers to questionnaire B paint an almost uniform picture of good

Federal-State relations wherever Federal installations are located.

Although conflicts of this nature appeared to be an e fear on the part

of many installation commanders, not a single actual incident was

reported to the Committee to illustrate that the problem was actual

and not just theoretical. The Committee therefore is inclined to the

view that this factor is of little significance in determining the

type of legislative jurisdiction which the United States should accept

over its properties.

C. PROBLEMS CONNECTED WITH EXCLUSIVE (AND CERTAIN

PARTIAL) JURISDICTION

State service generally.--Probably the one fact that impressed the

Committee most in the reports of the agencies favoring exclusive

legislative jurisdiction, or partial legislative jurisdiction

approaching exclusive, was that the installations in these

jurisdictional statuses controlled by these agencies were very

generally operated as though the United States had only concurrent

legislative jurisdiction or only a proprietorial interest.

Furthermore, the manner of their operation was incompatible with the

exercise by the United States of exclusive

or partial legislative jurisdiction.. Almost uniformly, notarizations

were performed by notaries public under the commission of the State in

which the installation was located; State coroners frequently

investigated deaths occurring under unknown circumstances within such

areas; and vital statistics (marriages, births, deaths) were recorded

in State or county recording offices. In numerous instances local

police and fire protection was furnished to and n the Federal

installation. In very many instances residents of the enclave were to

all intents and purposes regarded as citizens of the State so far as

their civil and political rights were concerned. Thus, their children

were accepted on an s in local schools, they were given the right of

suffrage, they were accorded access to State courts in such matters as

probate, divorce and adoption of children, and they were treated ass

citizens of the State in obtaining hunting licenses and reduced

tuition to State colleges sand universities.

The extra--legal nature of many of the mentioned services and

functions rendered by or under the authority of a State in an areas

under Federal jurisdiction is obvious. Such services and functions

are requisite to the maintenance of a modern community. Although by

article I, section 8, clause 17, of the Constitution, Congress is

empowered to exercise "like" authority over such areas as it exercise

over the District of Columbia, it has not done so. As to these

Congress has not made (and as a practical matter probably could not

attempt to make), provision for their municipal administration. The

very general requirement within Federal installations for various of

State or local governments appears to have made exceedingly rare the

installation which actually operates within the legal confines of

Federal exclusive jurisdiction. Such being the case, the Committee

questions whether it is possible to maintain many installations in

that status.

The Committee considers it important that various necessary

services and functions rendered in Federal areas by or under the

authority of States be put on a firm legal footing.

Fire protection.--Among the foremost of the functions and services

provided under State authority to Federal installations is fire

protection. Except for large, self-supporting installations and for

installations located in remote areas, it would appear from the

answers to questionnaire B submitted to the Committee that, in

general, Federal installations within the Sates rely to some extent

upon local, non-Federal fire-fighting services. This would appear to

be true irrespective of the jurisdictional status of the federal site.

These services are secured through a variety of arrangements. For

areas under the

exclusive jurisdiction of the United States arrangements have varied

all the way from formal contracts with local agencies to mere

assumptions on the part of the Federal manager that the local fire

department will respond if called in an emergency. In cases where the

Federal agency has its own fire-fighting equipment, the arrangement is

generally reciprocal in that each party will respond to the call of

the other in emergencies beyond the capabilities of either's

individual capacity. Where the United States has exclusive or one of

various forms of partial legislative jurisdiction the furnishing of

these services by the State would appear to be strictly a matter of

grace although the Comptroller General of the United States has ruled

to the contrary. In the absence of express agreement by State

authorities, there is no legal obligation whatever on the part of a

non-Federal fire company to respond to a fire alarm originating within

the Federal enclave, and questions of the applicability of

compensation benefits to firemen in case of their injury when fighting

a fire in a Federal enclave apparently may arise in some instances.

In the cases of small, weakly staffed Federal installations the

consequences of this incident of exclusive or partial legislative

jurisdiction may be serious, indeed. Generally, however, with respect

to areas over which the State exercises jurisdiction, while the

furnishing of fire protection for law owned buildings would still be a

matter for the consideration of officials of State or local

governments, the obligation would appear to be a concomitant of the

powers exercised by those authorities within such areas

(Laugh.Gen.Dec. B-126228, of January 6, 1956).

Refuse and garbage collection and similar services.--Analogous to

the problem of fire protection are problems connected with other types

of services which in ordinary communities are generally furnished by

local or State governments. Among these services are refuse and

garbage collection, snow removal, sewage, public road maintenance and

the like. Where the United States has exclusive jurisdiction and the

installation is not self-sustaining in these respects, it would appear

from the information furnished by individual installations that in

most cases these items are handled on a contractual basis with some

local governmental agency. As in the case of fire-fighting services,

there is no obligation on the part of the contractor, apart from that

under the contract, to continue furnishing such services where the

United States has exclusive or certain partial jurisdiction. Should

the local agency decline to continue them, there might result

considerable inconvenience and expense to the Federal Government. On

the other hand, should the local agency furnish them there would not

aries, at least from the Federal point of view, the questions of

legality,

with serious implications, which present themselves in connection with

the furnisher services.

Law enforcement.--In the matter of law enforcement more difficult

legal and practical questions are raised. From the reports received

by the Committee it would appear that many agencies have encountered

serious problems, which often have not been recognized, in this field

in areas of exclusive or partial legislative jurisdiction. The

problem is most acute in the enforcement of traffic regulations and

"municipal ordinance type" regulations governing the conduct of

civilians. Although specific authority exists for certain agencies (e.

g., General Services Administration and the National Park Service the

Department of the Interior) to establish rules and regulations to

govern the land areas under their management and to attach penalties

for the breach of such rules and regulations, and authority also

exists for these agencies to confer on certain of their personnel

arrest powers in excess of those enjoyed by private citizens (General

Services Administration only if the United States exercises exclusive

or concurrent jurisdiction over the area involved), this authority has

provided no panacea. Despite the fact that General Services

Administration may extend its regulations to land under the management

of other agencies and provide guard forces for such areas at the

request of these agencies, for reasons which have already been

discussed it has been impossible for all agencies of the Federal

Government to avail themselves of the statutory provisions mentioned.

As to civilians, therefore, Federal enforcement measures for traffic

and similar regulations are limited often to such non‑penal actions as

ejection of the offender from the Federal area, revocation of Federal

driving or entrance permit, or discharge (if an employee).

Where serious crimes are committed in areas of exclusive Federal

jurisdiction, generally the full services of the Federal Bureau of

Investigation, the United States attorney, and the United States

district court are available for detection and prosecution of the

offenders. On the other hand, in the case of misdemeanors or other

less serious crimes, there is generally no adequate Federal machinery

for bringing the offenders to justice. If there is a United States

commissioner reasonably available, there is generally no official

corresponding to a town constable or municipal policeman. Some

Federal installations, judging by their replies to questionnaire B,

have attempted to solve this problem by authorizing local or State

police to enforce State or Federal areas of exclusive or partial

legislative jurisdiction. The possible consequences of such obviously

extra-legal measures are a matter of serious concern to the Committee.

Another difficulty arising with respect to exclusive jurisdiction

areas is determining which activities defined as crimes by State law

are punishable under the Assimilative Crimes Act. The act, as has

been said, does not apply to make Federal crimes based on State

statutes which are contrary to Federal policy. However, difficulty

often arises in determining whether a Federal policy operates to

negate the ate statute under the Assimilative Crimes Act. Indeed, it

is possible that individuals may risk punishment for conduct which

they cannot be certain is in violation of law.

Notaries public and coroners.--From the reports submitted to the

Committee in reply to questionnaire B it would appear that in many

areas of exclusive or partial legislative jurisdiction the services of

State licensed notaries public are utilized. In many cases it would

appear that a Federal employee holds a commission as a State notary

public and his services are utilized for all officially required

notarizations. Although none of such notarizations appears to have

been challenged, the possibility of challenge is ever present in view

of the probable lack of jurisdiction of the State notary in an area of

exclusive Federal jurisdiction and many areas of partial jurisdiction.

The question of the authority of a local coroner to make an

official inquiry in cases of deaths arising under unknown

circumstances has arisen on many occasions. The chief law officers of

the various agencies have a number of times been called upon to rule

on such questions. In those opinions the law officers have uniformly

advised their agencies that coroners had no jurisdiction in areas over

which the United States exercised exclusive jurisdiction.

Nevertheless, the replies to questions when an unexplained death

occurs to call in the local coroner. The practical need for the

services of this official is obvious when it is considered that the

Federal Government has no general substitute, that it would be

impracticable for the Federal Government to furnish such services to

its many small scattered or remote establishments, and that death

certificates issued by a recognized authority are necessary for many

purposes.

Personal rights and privileges generally.--One of the most

unfortunate incidents of the exercise by the Federal Government of

exclusive legislation over areas within the States is the denial to

the residents thereof of many of the rights and privileges to which

they would otherwise be entitle except for such residence. Since

these disadvantages are unattended by certain tax advantages which

flowed from such residence prior to the enactment of the Buck Act and

similar statutes, exclusive jurisdiction is relatively bare of

compensations to such residents.

Probably foremost in the minds of the persons concerned is the

denial of the right of suffrage. However, other equally important

rights and privileges are denied these residents Among those

mentioned by the various agencies are the right of children to attend

local public schools; qualification for such State sanatorium or

mental institutional care, public library, etc.; qualification by

domicile for access to civil courts in probate, divorce and adoption

proceedings; and the right to be treated as "residents of the State"

in such matters as hunting and fishing licenses, reduced tuition to

State colleges and universities, and many other purposes.

It was surprising to the Committee, in reviewing the hundreds of

replies to questionnaire B, that there was no uniform practice on the

part of the three States (California, Kansas and Virginia) from which

the information required by these questionnaires was derived as to the

denial of such rights and privileges. For example, in two Federal

areas of exclusive jurisdiction within the same city, the residents of

one were accorded the status of full citizens by State officials while

the residents of the other were denied all rights thereof.

Surprisingly, even in some cases when the Federal Government exercised

no legislative jurisdiction whatever, the residents were denied

certain privileges they should normally have been accorded as

residents of the State. The Committee can only conjecture as to the

reasons for such diversity of practice on the part of State officials.

Among the factors which the Committee surmises might have an influence

upon the State or local officials are (1) the size of the Federal

installation and the number of residents thereof (this would

determine,

for instance, what the impact of participation by Federal residents in

local elections would be); (2) the predominantly military or

nonmilitary character of the residents and their identification with

the community by long residence, unity of interest and concert of

purpose; (3) the good or ill feeling existing between the Federal

installation and the community at large; (4) whether the State has

legislation specifically conferring political and civil rights on

residents of Federal enclaves, although interpreted as retroactive

insofar as the granting of civil and political rights is concerned,

the practice is not uniform; and (5) the very general unawareness of

local, State and Federal officials of the jurisdictional status of the

lands and the incidents of such status.

Voting.--It is clearly settled that should the State choose to do

so, it could deny the right to vote to residents of areas of exclusive

Federal jurisdiction. A few States (among them California) have

granted the right of suffrage to residents of such enclaves but such

States

are the exception rather than the rule. According to reports received

by the Committee there are more than 90,000 residents other than Armed

Forces personnel on Federal areas within the States of Virginia,

Kansas, and California alone, plus persons residing in 27,000 units of

Federal housing. In view of the close connection that the right of

suffrage bears to the traditions and heritage of the United States,

the disenfranchisement or even the possibility of the

disenfranchisement of such a large number of United States citizens is

a cause for serious reflection.

Education.--The problem of education of children residing in areas

of exclusive and partial Federal jurisdiction is a serious one and has

been the cause of a multitude of controversies. That it can be

reported that so far as is unknown to this Committee not a single

child is being denied the right to a public school education because

of his residence on a Federal enclave is in itself a commendation of

the work of the Department of Health, Education, and Welfare and the

Commissioner of Education.

It is obvious that the presence of large numbers of school-age

children in Federal enclaves has a considerable impact on local school

districts. This is particularly true in the remote, sparsely settled

areas in which so many of our Army, Navy, and Air Force bases are

located. In recognition of the Federal Government's responsibility

to reduce the effects of this impact Congress has enacted certain

statutes to provide financial aid to affected school districts, and in

the last fiscal year nearly $200 million were expended under these

statutes. The act of September 30, 1950 (64 Stat. 1107), as amended

(20 U.S.C. and Supp. 241), authorizes the Department of Health,

Education, and Welfare to grant financial aid to localities for the

operation and maintenance of their schools based on the impact which

Federal activities have on the local educational. Such aid usually

takes the form of monetary grants to local school agencies in

proportion to the increased burdens assumed by such agencies in

accordance with certain formulas given in the act. If, however, State

law prohibits expenditure of tax revenues for free public education of

children who reside on Federal property or if it is the judgment of

the Commissioner of Education that no local educational agency is able

to provide free public education, he may make such other arrangements

as are necessary to provide for the education of such children. The

act of September 23, 1950 (54 Stat. 906), as amended (20 U.S.C. Supp.

300), provides for similar aid in school construction.

It may readily be perceived (and it has been so reported to the

Committee) that the impact which Federal captivities have on local

educational agencies bears no direct relation to the jurisdictional

status of Federal property upon which the school children reside or

upon which their parents may work or be stationed. The Department of

Health, Education, and Welfare has pointed out, however, that the

holding of many areas of land under exclusive Federal jurisdiction has

served to intensify the problem of Federal officials administering the

program. This results from the various court holdings to the effect

that there is no obligation on the part of a State to accept resident

children from an areas of exclusive Federal jurisdiction. White it

appears that most school districts do accept such children, at least

when accompanied by a grant of Federal aid, on occasion some have

chosen not to accept them even under such terms. In these and other

instances the school districts involved sometimes have insisted on

financial arrangements more advantageous to themselves than those

generally enjoyed by other districts similarly affected. This

obviously results either in the Federal Government's being required to

assume the entire responsibility for providing for the schooling of

these children, or deprives more cooperative school districts of their

fair share of the Federal funds available for education.

Assuming that the States accept as their obligation the education

of resident children, children residing on federally owned or leased

land not within the exclusive or certain partial legislative

jurisdiction of the United States would appear to be entitled to the

same educational opportunities as other children. Of course, so long

as the act of September 30, 1950, as amended, supra, and the act of

September 23, 1950, as amended, supra, remain effect the State would

be entitled to financial aid for the impact the presence of these

children has on the local school agencies, but the fact that the

Federal Government has recognized its obligation in this respect would

appear not to diminish the obligation of the State. Assuming, then,

that the State recognizes its obligation, the Federal Government could

at least have the assurance that the education of the children was

provided for without taking on the burdensome task of setting up a

school system entirely apart from that of the State.

Miscellaneous rights and privileges.--With regard to other rights

and privileges which are accorded private persons based on their

residence within a State the Committee received a wealth of

information. Because of the inconsistencies in these matters,

however, it was early impossible to draw any definite conclusions. In

some localities residents of an area of exclusive Federal jurisdiction

were accorded all the privileges they would have enjoyed had the

Federal Government not divested the State of its jurisdiction. They

were granted resident hunting and fishing license privileges, resident

tuition rates at State-

supported educational institutions, admission to State-supported

hospitals and sanatoriums, State or county visiting nurse service and

the like. On the other hand, in other localities only a short

distance away, persons in identical legal circumstances were denied

some or all of these services.

One fact did impress itself on the Committee--that there was no

uniform desire on the part of State officials to deny to residents of

areas of exclusive or partial Federal jurisdiction the rights and

privileges to which they would otherwise have been entitled if the

State's jurisdiction over the area of their residence had not been

ousted. Whether the granting of these rights and privileges is a

conscious policy on the part of the States is not known to the

Committee. Obviously, in the cases of States which have conferred

civil and political rights on residents of Federal areas by statute

(e.g., California), the policy has been consciously and deliberately

evolved. In nearly all cases where this policy is followed, however,

it would appear that it is done as a matter of grace, despite the fact

that the retrocession of certain tax benefits to the States by the

Buck Act and similar Federal statutes may give rise to obligations in

return for benefits conferred. To the extent that they are a matter

of grace, they could be discontinued by the States at any time. The

consequences of such discontinuance might be very serious to residents

of these areas.

Benefits dependent on domicile.--It would appear doubtful to the

Committee, however, whether a State could, despite its bast

intentions, bestow certain types of benefits upon the residents of

areas of exclusive Federal jurisdiction. The Committee refers

particularly to those benefits which depend upon domicile within a

State. An example is the right to maintain an action for divorce.

Since Congress has provided no law of divorce for areas of exclusive

Federal jurisdiction the residents of such areas must resort to a

State court for relief. Several States have enacted statutes

conferring jurisdiction on their courts to entertain actions for

divorce brought by persons who have resided in Federal enclaves within

such States for designated fixed periods. The courts of a few other

States have assumed jurisdiction in such cases without benefit of a

similar statute. In neither case have such decrees been put to the

test of collateral attack on the basis that they were rendered without

jurisdiction. It therefore remains to be seen whether a resident of

an area of exclusive Federal jurisdiction, by virtue of residence in

such area alone, can become legally domiciled in the State in which

the Federal installation is located. The problems involved in these

cases are, of course, of equal significance in other situations in

which domicile is the basis of a right or obligation.

D. SUMMARY AS TO EXCLUSIVE AND PARTIAL JURISDICTION

The foregoing discussion and analysis of the positions of those

agencies adhering to the view that exclusive legislative jurisdiction

closely approaching exclusive is desirable for their properties has

run to a considerable length. Because the views are held by several

major landholding agencies the Committee felt it particularly

desirable to analyze these views with the utmost care and deference.

In summary:

(1) The Army, Navy and Air Force, the Veterans' Administration,

the National Park Service, the Bureau of the Census, and the Civil

Aeronautics Administration desire exclusive or nearly exclusive

legislative jurisdiction over all or part of their landholding (the

Air Force indicating the a concurrent legislative jurisdiction would

be an acceptable substitute under certain circumstances).

(2) These views are based on a number of reasons. The most

frequently mentioned of these are as follows (not all of the reasons

being advanced by each agency)'

(a) Freedom of Federal manager from State interference in the

performance of Federal functions. All agencies understand (though the

answers to questionnaire B indicate that their subordinate

installations do not in many cases) that the Federal Government enjoys

a constitutional immunity from such interference by virtue of the

supremacy clause. What they wish to avoid is unnecessary litigation

to prove this constitutional immunity.

(b) Enhancement of security of installation.

State's police power to contractors, licensees, etc., operating within

Federal enclave.

(d) Uniformity of administration.

(e) Psychological advantage to Federal manager in his dealings

with State and local officials.

(f) Clarity of the authority of the Federal Government in the

enforcement of criminal law and avoidance of conflicts with State

authorities.

(g) Accrual of certain tax advantages to resident personnel.

(3) These views generally take into account that exclusive

legislative jurisdiction and many forms of partial jurisdiction are

attended by the following disadvantages:

(a) Occurrence of difficulties i the enforcement of traffic

regulations and minor criminal laws or regulations against civilians.

(b) Unavailability of certain services ordinarily furnished by

State or local governmental agencies.

normally flowing from residence in a State.

(4) The Committee, in general, looks askance on Federal

exclusive legislative jurisdiction and most forms of partial

legislative jurisdiction for the reasons that:

(a) Certain of the reasons advanced by the agencies advocating

this measure of jurisdiction are legally unsupported. Specifically,

Federal operations may be carried on without any direct interference

by States, and the security of Federal installations may be adequately

safeguarded, without regard to the type of legislative jurisdiction;

uniformity of administration may be had under a lesser form of

jurisdiction.

(b) Other arguments advanced by the agencies appear not to be

borne out in individual installation reports. Specifically, the

reports uniformly reflect excellent State-Federal relations; fear of

excessive litigation to establish immunity of Federal functions from

State interference if exclusive jurisdiction is surrendered does not

appear to be borne out; where concurrent jurisdiction exists,

conflicts as to which sovereign will exercise criminal jurisdiction

appear not to have developed to any significant degree; the

psychological advantage claimed for this type of jurisdiction has not

been illustrated.

The only apparent advantages to Federal exclusive legislative

jurisdiction or partial jurisdiction approaching exclusive, on the

facts made available to the committee, are certain minor tax

advantages to residents of the areas and freedom of the Federal

Government from the indirect effects of the exercise by the State

governments of their police powers against Federal contractors,

concessionaires, licensees, etc. The latter of these would appear to

be entitled to considerable weight in certain areas and under certain

circumstances. However, even when it is combined with the former and

the two are balanced against the disadvantages accruing to this type

of jurisdiction, the scales seem to be tipped toward a lesser form of

Federal legislative jurisdiction.

E. VIEWS OF AGENCIES PREFERRING CONCURRENT JURISDICTION

Agencies preferring such jurisdiction.--The views of the General

Services Administration, the department of Health, Education, and

Welfare, the Department of the Navy, the Bureau of Prisons of the

Department of Justice, and the Bureau of Public Roads of the

Department of Commerce, which each desire a concurrent legislative

jurisdiction status for certain of their installation, are based on

various grounds. The Department of the Interior also, at an early

point in the study, indicated concurrent jurisdiction desirable for

certain areas for

which it subsequently recommended partial jurisdiction. The Veterans'

Administration has suggested that it needs at least concurrent

jurisdiction should a higher form of Federal jurisdiction be deemed by

the Committee as unnecessary for properties under the supervision of

that agency; the Committee's views in this respect have already been

discussed in a previous section of this report.

Advantages and disadvantages.--Concurrent jurisdiction has to a

considerable extent the advantages of both exclusive legislative

jurisdiction and a proprietorial interest only, with few

disadvantages.

To the advantage of the Federal Government is the fact that Federal

power to legislate generally for the area exists. The chief interest

of the Federal Government, i this connection, is that by virtue of the

Assimilative Crimes Act (18 U.S.C. 13) a Federal criminal code,

eatable of Federal enforcement, exists insures that crimes committed

within the Federal installation will not go unpunished in spite of

disinterest on the part of State authorities which can occur in

instances where only Federal personnel, and no State community or

individual, are directly affected by a crime. For the residents of

these areas of concurrent jurisdiction it is an advantage that the

obligations of the State toward them are undisturbed by the

superimposition of Federal on State jurisdiction, so that they receive

under a concurrent jurisdiction all the benefits of residence in the

State, notwithstanding that they reside on a federally owned area.

For the State there exists the advantage that its jurisdiction over

the areas remains undisturbed except insofar as its operations may

directly interfere with a Federal function conducted therein. The

State's authority vis-a-vis the United States and persons on the area

is in all practical respects the same as if the Untied States had no

legislative jurisdiction whatever with respect to the area. It is

because of the advantages inherent in these characteristics that

concurrent legislative jurisdiction has been stated by several

Federal agencies to be best suited for their needs in certain types of

installations.

Such disadvantages as are peculiar to areas under concurrent

legislative jurisdiction arise out of the fact hat under this status

two sovereigns, the Federal Government and a State, have the authority

to exercise in the same areas many of the same functions. This can

result in situations where such of the sovereigns desires to perform

ton received by the Committee would seem to indicate that more often

it results in situations where each sovereign desires the other to

act, with the occasional result that the function is not performed.

So far as the Committee has been able to determine, however, no

serious problems have developed out of this dual sovereignty.

General Services Administration.--This agency, which administers

an extremely large number of Government buildings, principally post

offices and Federal office buildings, most of which now are in an

exclusive jurisdiction status, in many cases finds requirement for

furnishing special police protection to such buildings and to other

areas also under its control. At the present time it is able to vest

its guards with police powers only for exercise on areas under the

exclusive or concurrent legislative jurisdiction of the United States.

With the amendment of the pertinent statute (40 U.S.C. 318, et seq.)

to permit the exercise of police powers without reference to the

legislative jurisdiction of property under its control, the general

Services Administration indicates, it would feel that all or

substantially all of such property could be held under a proprietorial

interest only. Properties not requiring special police services in

any event, in the Administration, would be best served under a

proprietorial interest status. The Committee agrees with these views.

Department of Health, Education, and Welfare.--Most of the holdings

of this Department, consisting largely of hospitals an similar

installations, are now in an exclusive, or partial approaching

exclusive, legislative jurisdictional status. On analyzing its

requirements in the course of the present study the Department has

come to the conclusion that, while a proprietorial interest only would

be best suited for most of its properties, a concurrent jurisdiction

status would be desirable for a small number of properties on which

special problems of police control are involved. The Committee

concurs.

Department of the Navy.--This Department feels that for its so

called minor installations concurrent legislative jurisdiction is

desired in order to provide a Federal criminal code by virtue of the

Assimilative Crimes Act (18 U.S.C. 13). Consequently, the Department

feels that concurrent jurisdiction would be the minimum measure of

Federal jurisdiction that would satisfy its needs.

The Committee fails to see any requirement for the retention by the

Federal Government of general law enforcement authority in naval

installations where the provision of such service is within the

ability of State and local law-enforcement agencies. This will be

particularly true if there are adopted recommendations proposes by the

Committee that heads of Federal agencies be given authority to

promulgate and enforce rules and regulations for the Government of the

Federal property under their control, without reference to the

jurisdiction status of such property. It is to be noted that, in any

event, existing Federal statutes designed for the protection of

Government property and of defense installations are applicable to

naval installations without reference to their jurisdictional status.

Further, the Uniform Code of Military Justice similarly is applicable

to offenses which may be committed by uniformed personnel.

From its study of the Navy's report the Committee properties

administered by the Department a proprietorial interest would be most

advantageous. Only as to the occasional naval installations removed

from civilian centers of population which can furnish these

installations adequate law-enforcement services does the Committee

believe that concurrent jurisdiction would be required. In this

regard, it is noted that to a large extent the Navy's properties are

presently in a proprietorial interest status (approximately 40 percent

of its acreage), as a result of the Navy's policy of acquiring Federal

legislative jurisdiction only when the local commander makes a

substantial request that the Department do so, and the Navy's report

does not indicate that any serious or troublesome problems arise out

of this status.

Bureau of Prisons.--This Bureau of the Department of Justice

indicates that for its installations in which prisoners are

maintained, a concurrent legislative jurisdictional status would be

desirable. These installations presently have various jurisdictional

statuses. It is pointed out as incongruous that a Federal prisoner

who commits a crime beyond that which can be handled by administrative

measures in a Federal prison institution should have to be tried in

State courts, under State law, and be sentenced to a State penal

institution, in the absence of at least concurrent criminal

jurisdiction in the Federal Government over the institution where the

crime was committed. On the other hand, the Bureau has no wish to

deprive its guard force and other personnel and their families of the

privilege of voting and other integration into the normal life of the

communities in which its installations are located, as often occurs

under a jurisdictional status greater than concurrent. The Committee

is in agreement with the views of the Bureau of Prisons.

Bureau of Public Roads.--This Bureau of the Department of Commerce,

while it considers only a proprietorial interests in the United States

best suited to the great majority of the properties under its

supervision, desires that the status of its equipment depot areas and

of a certain laboratory and testing area be changed to concurrent

legislative jurisdiction. At present certain of these properties are

under the exclusive jurisdiction of the United States while other are

in a proprietorial interest only status. In the view of the Bureau,

by giving to all these properties a concurrent jurisdictional status

law enforcement as to trespasses and minor offenses would be made

easier. Local police could be called in and, it is suggest,

additionally the concurrent jurisdiction would empower the United

States Park Police to act.

Since, except in the District of Columbia, the arrest powers of

Park Police (and by implication their enforcement authority) are

limited to violations "of the laws relating to the national forests

and national parks" (16 U.S.C. 10), there would appear to be no

authority for the Park Police to act in areas under the management of

the Bureau of Public Roads, irrespective of their jurisdictional

status. As this is the only basis given by the Bureau for acquisition

of any form of legislative jurisdiction, it would appear that none is

necessary.

The Committee feels that a proprietorial interest would be entirely

sufficient for the needs of all the several properties of the Bureau

of Public Roads.

Department of the Interior.--This Department proprietorial interest

only as most desirable for the great bulk of the vast areas of Federal

lands under its supervision. However, in its initial submission of

information to the Committee, the Department indicated that concurrent

legislative jurisdiction would most nearly suit the needs of its

national parks, as to which the United States now holds exclusive or

certain partial legislative jurisdiction, and of certain national

monuments and perhaps wildlife areas which cover vast areas and are in

comparatively isolated sections of their respective States, as to

which the United States now generally holds a proprietorial interest

only. This status, it was indicated, would allow effective enforcement

of law and order and would insure the best protection of a number of

interests, including control as may be necessary of the private

inholdings which are within the boundaries of certain parks so that

the inholdings do not change park characteristics. This type of

jurisdiction would not adversely affect the rights of park, monument,

or wildlife refuge residents so far as their relations with the States

and State political subdivisions are concerned. More recently,

however, the Department has modified its position, stating:

* * * the National Park Service is of the opinion that concurrent

jurisdiction would not be practicable in the National Park service

areas for which it was suggested. While there is no disagreement that

the States should have substantial authority in federally owned areas

over matters outside the spheres of interest of the Federal

Government, the Service believes that concurrent jurisdiction would

result in continuous disagreements and litigation over what

State laws would interfere with Federal functions. It therefore

believes that partial jurisdiction is, as a practical matter, required

for the areas in question.

The Department is not prepared to disagree with the National Park

Service at this juncture. Accordingly, the views expressed * * *

[earlier] are modified to the extent stated.

It is not clear to the Committee in which spheres of the National

Park Service's operations the widespread disagreements with State

authorities are expected. If it is in the field of conservation or

control of hunting or fishing, there would appear to be no doubt as to

the ability of the United States to prevail in disputes where proper

administration of the area requires Federal control. (See Hunt v.

United States, 278 U.S. 96 (1928).) If it is with respect to the

enforcement of criminal laws, the Committee notes that information

from individual installation which are in concurrent jurisdiction status

almost uniformly is to the effect that difficulties in this respect,

to the limited extent they have occurred, have occurred not out of an

eagerness on the part of both sovereigns to exercise jurisdiction, but

from the lack of interest of both. The Committee is of the view that

concurrent jurisdiction most nearly fits the needs of the United

States for national parks and for national monuments located in remote areas.

In some instances, the Committee recognizes, this jurisdictional

status may be desirable for some wildlife refuges.

F. VIEWS OF AGENCIES DESIRING A PROPRIETORIAL INTEREST

ONLY

Federal lands largely in proprietorial interest status.--The

Committee notes that as to the great bulk of land owned by the United

States, including substantially all lands of the so-called public

domain, the Federal Government holds only a proprietorial interest,

possessing with respect to such land no measure of legislative

jurisdiction within the meaning of article I, section 8, clause 17, of

the Constitution. The Committee further notes that the 23 landholding

agencies of the Government except the General Services Administration,

whatever their views concerning the jurisdictional status which their

properties should have, presently hold a substantial proportion of

such properties in a proprietorial interest status only.

Agencies preferring proprietorial interest.--A proprietorial

interest status, without legislative jurisdiction in the United

States, is deemed best suited for their properties by the Treasury

Department, the Department of Justice other than for properties in

which Federal prisoners are maintained, the Department of the Interior

other than for national parks and certain national monuments, the

Department of Agriculture, the General Services Administration for

certain properties, the Department of Commerce for most of its

properties, the

Department of Health, Education, and Welfare for most of is

properties, the Atomic Energy Commission, the Central Intelligence

Agency, the Federal Communications Commission, the Housing and Home

Finance Agency, the International Boundary and Water Commission

(United States and Mexico), the Tennessee Valley Authority other than

for one property as to which judgment was reserved, and the United

States Information Agency. It may be noted that the mentioned

agencies control more than 90 percent of the land owned by the United

States.

Characteristics of proprietorial interest status.--When the United

States acquires lands without acquiring over such lands legislative

jurisdiction from the State in which they are located, in many

respects the United States holds the lands as any other landholder in

the State. However, the State cannot tax the Federal Government's

interest in the lands or in any way interfere with the Federal

Government in the carrying out of proper Federal functions upon the

lands. The relation of the State with persons resident upon such

Federal lands, with all its rights and corresponding obligations, is

undisturbed. Both the civil and criminal laws of the State are fully

applicable. Primarily because of these attributes the proprietorial

interest status has been named by most landholding Federal agencies as

the most nearly ideal jurisdictional status.

Experience of Atomic Energy Commission.--Of the utmost significance

to the Committee is that among the agencies preferring a proprietorial

interest only for their properties is the Atomic Energy Commission.

The Committee has attached special significance to the views of the

Atomic Energy commission for a number of reasons. Among the more

important is the fact that the birth of the Commission and its

requirements for the occupation of land occurred after the amendment

in 1940 of section 355 of the Revised Statutes of the United States

had removed the statutory requirement that exclusive jurisdiction be

Federal lands prior to the construction of improvements on such

lands. Accordingly, the Commission had not built up any of the

traditions concerning exclusive jurisdiction which seen to influence

many of the other Federal landholding agencies. Additionally, like

those of many naval and military reservation, the Commission's

security requirements are exceedingly strict. And also similar to

many military and naval reservations, some Atomic Energy Commission

installations, because of their size and remote locations, have

substantial populations residing within their confines.

The Atomic Energy Commission's practice and policy are to obtain no

legislative jurisdiction over lands acquired by it. The only lands it

holds in other than a proprietorial status are those which it has

received by transfer from other Federal agencies. Indeed, as to two

exclusive jurisdiction areas upon which communities are located, the

difficulties encountered were sufficient to induce the Commission to

sponsor legislation which allowed it to retrocede jurisdiction to the

State. While the Atomic Energy Commission recognizes that concurrent

jurisdiction has to some extent the advantages of both a proprietorial

interest and exclusive jurisdiction, the measure of jurisdiction has

not been obtained for the reason that it provides no clear-cut line of

responsibility between the fields of Federal and State authority thus,

in the view of the Commission, opening the way for disputes and

misunderstandings.

The Atomic Energy Commission established its policy of obtaining no

legislative jurisdiction principally to (1) obtain the privileges of

State citizenship for the residents of its areas; (2) allow

organization of the communities into self-governing units under

applicable State statutes; and (3) make State civil and criminal law

applicable, making possible the utilization of established State

courts for the enforcement of public and private rights and the

deputization under State authority of Atomic Energy Commission

employees for law enforcement.

The Atomic Energy Commission reports that its experience has

indicated that these expected advantages have in fact resulted. A

possible disadvantage, interference by the State with Atomic Energy

Commission security requirements, has not materialized. The

constitutional immunity of Federal functions from State interference

has been recognized uniformly.

Experience of other agencies.--The Central Intelligence Agency has

a proprietorial interest only over its properties, and has fond this

satisfactory. Indeed, except for the Army, Navy, and Air Force, the

National Park Service of the Department of the Interior, and the

Veterans' Administration, the views of all Federal agencies which have

had any substantial experience in the management of areas held in a

proprietorial interest only status parallel those of the Atomic Energy

Commission. The preference of the agencies for a proprietorial

interest only is based, in general, on various disadvantages flowing

from possession of legislative jurisdiction by the United States.

Repetition of the views of these agencies would appear to serve little

purpose. The advantages and disadvantages which they ascribe to this

status have already been covered in detail in the analysis of

exclusive, concurrent, and partial legislative jurisdiction which has

preceded.

Summary as to proprietorial interest status.--The Committee

concludes in concurrence with the agencies preferring a proprietorial

interest only in the Federal Government over their properties, that

for the vast bulk of Federal properties it is unnecessary for the

Federal Government to have any measure of legislative jurisdiction in

order to carry out its functions thereon. The Government is insulated

from any attempted direct interference by State authority with the

carrying out of such functions by the Federal immunities flowing from

constitutional provisions other than article I, section 8, clause 17,

particularly from article VI, clause 2, which provides in pertinent

part:

This Constitution, and the laws of the United States which shall be

made in Pursuance thereof;***shall be the supreme Law of the Land; and

the Judges in every State shall be bound thereby, any Thing in the

Constitution or Laws of any State to the Contrary notwithstanding.

Many Federal lands for which a proprietorial interest status only is

acknowledged to be ideal are, however, held under some form of

legislative jurisdiction. Since there exists no general authority for

Federal agencies to retrocede unneeded jurisdiction to the States,

appropriate legislation has been drafted by the Committee to make such

retrocessions possible. The Committee also deems it desirable that

uniform State legislation be enacted providing for the acceptance of

such retroceded jurisdiction, so that not doubt will exist as to the

precise status of the lands involved.

installation differed from that expressed by the local commander or

manager of the installation. In still other cases no information or

opinion whatever appeared to be readily available on the subject.

Unfortunately, these situations are confined to no few agencies, but

exist rather generally.

Six States (Alabama, California, Florida, New York, Texas, and

Virginia) have requirements set out in their general consent or

cession laws for the filing of information concerning jurisdictional

status with the governor or secretary of state, or the city or county

or court clerk or registrar with whom title records are required to be

filed. To the extent that such State laws apply, information on the

jurisdictional status of an area is available to all interested

parties. Otherwise such information apparently may be unavailable

except perhaps after considerable research by a person skilled in the

law relating to this intricate subject, since jurisdictional status

may in a given case depend on a special rather than a general State

consent or cession statute, upon acceptance by a Federal

administrator, and upon other factors.

Chapter VIII

CONCLUSIONS AND RECOMMENDATIONS

General observations.--The thorough study which has been given to

the exercise by the Federal Government of legislative jurisdiction

under article I, section 8, clause 17, of the Constitution has, in the

opinion of the Committee, been long overdue. In the early days of the

Republic there may have been a requirement for the exercise of such

power in areas within the States which were acquired to carry out the

functions vested in the Federal Government by the Constitution.

However, even this is in doubt, for, as has been pointed out, there

was not a uniform practice with respect to the transfer of legislative

authority from the States to the United States during the first 50

years after the adoption of the Constitution. In any event, the

tremendous expansion of Federal functions and activities which has

occurred in the recent history of the United States with a resultant

increase in Federal land holdings, changed patterns in the use of

Federal lands, development of new concepts of the rights and

privileges of citizens, and many other factors, have drastically

altered conditions affecting the desirability of Federal exercise of

exclusive legislative jurisdiction over federally owned areas.

There is no question of the current requirement for a measure of

legislative jurisdiction in the Federal Government over certain

federally occupied areas in the States. Indeed, in various instances

the Federal Government has insufficient jurisdiction over its

installations, to the detriment of law and good order. On the other

hand, no doubt can exist that in the present period the Federal

Government has been acquiring and retaining too mush legislative

jurisdiction over too many areas as the result of the existence of

laws and the persistence of practices which were founded on conditions

of a century and more ago.

Careful analysis has been made by the Committee of the advantages

and disadvantages to the Federal Government, to the States and local

governmental entities, and to individuals, which arise out of the

possession by the United States of varying degrees of legislative

jurisdiction over its properties in the several States. It is clear

that exclusive legislative jurisdiction on the one hand, and a

proprietorial interest only on the other, each has certain but

different advantages and

(69)

disadvantages for all parties involved. As the jurisdictional status

of a property varies from one to the other of these two extremes of

the legislative jurisdiction spectrum the advantages and disadvantages

of each tend to fade out, and to be replaced by the advantages and

disadvantages of the other.

Principal Committee conclusions.--The Committee's study has been

persuasive to the conclusions that--

1. In the usual case there is an increasing preponderance of

disadvantages over advantages as there increases the degree of

legislative jurisdiction vested in the United States;

2. With respect to the large bulk of federally owned or operated

real property in the several States and outside of the District of

Columbia it is desirable that the Federal Government not receive, or

retain, any measure whatever of legislative jurisdiction, but that it

hold the installations and areas in a proprietorial interest status

only, with legislature jurisdictions several States;

3. It is desirable that in the usual case the Federal Government

receive or retain concurrent legislative jurisdiction with respect to

Federal installations and areas on which it is necessary that the

Federal Government render law enforcement services of a character

ordinarily rendered by a State or local government. These

installations and areas consist of those which, because of their great

size, large population, or remote location, or because of peculiar

requirement based on their use, are beyond the capacity of the State

or local government to service. The Committee suggests that even in

some such instances the receipt or retention by the Federal Government

of concurrent legislative jurisdiction can, and in such instances

should, be avoided; and

4. In any instance where an agency may determine the existence of

a requirement with respect to a particular installation or area of a

legislative jurisdictional status with a measure of exclusivity of

jurisdiction in the Federal Government, it would be desirable that the

Federal Government in any event not receive or retain with respect to

the installation or areas any part of the State's jurisdiction with

respect to taxation, marriage, divorce, annulment, adoption of the

mentally incompetent, and descent and distribution of property, that

the State have concurrent power on such installation or area to

enforce the criminal law, that the State also have the power to

execute on the installation or area any civil or criminal process, and

that residents of such installation or area not be deprived of any

civil or political rights.

Requirement for adjustments in jurisdictional status.--It is clear

that the legislative jurisdictional status of many Federal

installations

and areas is in need of major and immediate adjustment to being about

the more efficient management of the Federal operations carried out

thereon, the furthering of sound Federal-State relations, the

clarification of the rights of the persons residing in such areas and

the legalization of many acts occurring on these installations and

areas which are currently of an extra-legal nature. Many adjustments

can be accomplished unilaterally by Federal officials within the

framework of existing statutory and administrative authority by

changing certain of their existing practices and policies. Others may

be capable of accomplishment by cooperative action on the part of the

appropriate Federal and State officials. In perhaps the majority of

instances, however, there is neither Federal nor State statutory

authority which would permit the adjustment of the jurisdictional

status of Federal lands to the mutual of the Federal and State

authorities involved. For this reason the Committee recommends the

enactment of certain statutes, both Federal and State, which would

authorize the appropriate officials of these Governments to proceed

apace in the adjustments clearly indicated.

The Committee also strongly feels that agencies of the Federal

Government should do all that is possible immediately and in the

future, under existing and developing law, to establish and maintain

the jurisdictional status of their properties in conformity with the

recommendations made in this report. The General Services

Administration, in its regular inventorying of Federal real

properties, should bring together information concerning the

jurisdictional status of such properties in order to provide a general

index of the progress made in adjusting their status. This will also

provide a central source of information on the jurisdictional status

of individual properties, such a central source being sorely needed,

in the view of the Committee. The progress made by agencies in

adjusting the jurisdictional status of their properties should be

taken into account by the Bureau of the Budget in considering budget

estimates and legislative proposals which are related to such status.

It is the further view of the Committee that these two agencies,

together with the Department of Justice, should maintain a continuing

and concerted interest in the progress made by agencies in adjusting

the status of their properties and should review such progress at

appropriate intervals.

Retrocession of unnecessary Federal jurisdiction.--The most

immediate need, in the view of the Committee, is to make provision for

the retrocession of unnecessary jurisdiction to the States. A number

of Federal agencies, as well as a significant proportion of the

responding state attorneys general, have made recommendations

along this line. The Committee heartily concurs in these

recommendations.

The Committee feels that this end could best be accomplished by

amending section 355 of the Revised Statutes of the United States, as

amended (49 U.S.C. 255; 33 U.S.C. 733; 34 U.S.C. 520; 50 U.S.C. 175)

so as to give to the heads of Federal agencies and their designers the

necessary authority to retrocede legislative jurisdiction to the

States. An appropriate amendment would permit each Federal agency to

adjust the amount of jurisdiction it retains to the actual needs of

the installation concerned. It is hoped, in this regard, that the

present report and the forthcoming textual study will give to Federal

land management agencies a full appreciation of the many factors which

they should consider in making their determinations of what measure of

jurisdiction best suits a particular installation. The Committee

therefore recommends that section 355 of the Revised Statutes, as

amended, be further amended by adding a paragraph in the following

language:

Notwithstanding any other provision of law, the head or other

authorized officer of any department or agency of the United States

may, in such cases and at such times as he may deem desirable,

relinquish to the State in which any lands or interests therein under

his jurisdiction, custody, or control are situated all, or such

portion as he may deem desirable for relinquishment, of the

jurisdiction theretofore acquired by the United States over such

lands, reserving to the United States such concurrent or partial

jurisdiction as he may deem necessary. Relinquishment of jurisdiction

under the authority of this act may be made by the filing with the

Governor of the State in which the land may be situated a notice of

such relinquishment or i such other manner as may be prescribed by the

laws of such State, and shall take effect upon acceptance by the

State, or, if there is in effect in the State a general statute of

acceptance not specifying the means thereof, upon the day immediately

following the date upon which such notice of relinquishment is filed.

Acceptance by States of relinquished jurisdiction.--It can be seen

that for a relinquishment made under this proposed amendment to

section 355, Revised Statutes, to be effective, there must be an

acceptance by the State. The Committee feels such a provision is

necessary as a matter of sound policy. It would inject some

preciseness into an area which, as has been seen throughout the

report, is replete with confusion and vagueness. By the use of the

present provisions of section 355 of the Revised Statutes, together

with the proposed addition, the proper Federal and State officials

could, by the necessary exchange of instruments, fix precisely for any

Federal installation or sovereign. No parcels of Federal property

affected by any change of legislative jurisdictional status under the

amended section 355 would be left dangling in an uncertain status.

At present, however, only a few states have statutory provisions

which would authorize them to accept such tendered jurisdiction. The

Committee therefore suggests the advisability of enactment by the

States of uniform legislation in this respect. This proposed

legislation might well take the form of the final section of a uniform

State cession and acceptance statute which the Committee is prepared

to recommend. The text of this proposed uniform statute will be set

out in full text at a later point in this section of the report.

Rulemaking and enforcement authority.--An additional change in the

Federal statutes which is, in the view of the Committee, of major

importance is further 1, 1948 (62 Stat. 281), as amended (40 U.S.C.

318, 318a, b, c). Under the present provisions of that statute the

General Services Administration is authorized to make needful rules

and regulations for the government of Federal property and to annex to

these rules and regulations reasonable penalties The General Services

Administration is also given authority by the act to appoint its

uniformed guards as special policemen for the preservation of law and

order on Federal property under that agency's control, but the

jurisdiction and policing powers of such special policemen are

restricted to areas over which the United States has acquired rent

jurisdiction. Upon the application of the head of any other Federal

agency the General Services Administration is authorized to extend to

lands of such an agency, over which the United States has acquired

exclusive or concurrent jurisdiction, the application of General

Services Administrations rules and regulations and to detail special

policemen for the protection of such property.

Because of the requirement of Federal legislative jurisdiction and

other practical difficulties mentioned earlier in this report, many

Federal agencies have found it impossible to make use of the authority

granted in the act. In other instances the requirement that the lands

concerned by under the exclusive or concurrent jurisdiction of the

United States before General Service Administration rules and

regulations can be extended to them has resulted in the undesirable

practice on the part of some agencies of acquiring otherwise unneeded

legislative jurisdiction over Federal lands. For these reasons the

Committee recommends that the rulemaking authority presently granted

to the General Services Administration by the mentioned act of June 1,

1948, as amended, be broadened to allow the head or other duly

authorized officer of each Federal land-management agency to make

needful rules and regulations for the management of the Federal

property under the control of such agency.

The power to make and enforce the necessary rules and regulations

for the management of Federal property does not depend,

constitutionally, on the acquisition by the Federal Government of

legislative jurisdiction. Indeed, several Federal agencies already

enjoy authority in this respect without reference to the

jurisdictional status of the lands concerned. The General Services

Administration by section 2 of the act just discussed (40 U.S.C. 318a)

and the Department of the Interior with respect to the national parks

(16 U.S.C. 3) provide examples of this. Additionally, it may be noted

that the authority which employees of the National Park Service and

the Forest Service enjoy in the enforcement of rules and regulations

for the protection of the national parks and national forests is

similarly free from any dependence upon the jurisdictional status of

the lands concerned. For this reason the Committee recommends the

elimination of the requirement of section 1, of the act of June 1,

1948, as amended (40 U.S.C. 318), that the police jurisdiction of the

General Services Administration special policemen be limited to areas

under the concurrent or exclusive jurisdiction of the United States.

It further recommends that the regulatory authority which it proposes

be granted to all Federal land management agencies should not be made

to depend on the acquisition of Federal jurisdiction over the lands

concerned. Because of the confusion and other adverse effects which

multiplication of Federal police forces well might have on law

enforcement, however, the Committee does not propose the extension to

any other Federal agencies of the authority presently granted to the

General Services Administration by the act of June 1, 1948, as

amended, to point uniformed guards as special policemen. The

authority of such agencies is, in the view of the Committee, ample to

meet the needs of these agencies in that respect.

In summary, therefore, the Committee recommends that the act of

June 1, 1948 (62 Stat. 281), as amended (40 U.S.C. 318-318c), be

further amended as follows:

Section 1 (40 U.S.C. 318), amend all after "unlawful assemblies,"

to read as follows:

and to enforce any rules and regulations made and promulgated pursuant

to this Act.

Section 2 (40 U.S.C. 318a), amend to read as follows:

The head of any department or agency of the United States or such

other officers duly authorized by him are authorized to issue all

needful rules and regulations for the government of the Federal

property under their charge and control, and to annex to such rules

and regulations such reasonable penalties, within the

limits prescribed in section 4 of this Act, as will insure their

enforcement: Provided, That such rules and regulations shall be posted

and kept posted in a conspicuous place on such Federal property. This

authority shall not impair or effect any other authority existing in

the head of any department or agency.

Section 3(40 U.S.C. 318b), amend to read as follows:

(1) The head of any department or agency of the United States and

such officers duly authorized by him, whenever it is deemed economical

and in the public interest, are authorized to utilize the facilities

and services of existing Federal law-enforcement agencies, and, with

the consent of any State or local agency, the facilities and services

of such State or local law enforcement agencies, to enforce any

regulations promulgated under the authority of section 2 of this Act.

(2) Upon the application of the head of any department or agency

of the United States the Administrator of General Services and

officials of the General Services Administration duly authorized by

him are authorized to detail such special policemen as are necessary

for the protection of the Federal property under the charge or control

of such department or agency.

Section 4 (40 U.S.C. 318c), amend to insert "than" between "more"

and "$50."

"Jurisdiction of United States commissioners.--The above-

recommended broadening of the regulatory and enforcement authorities

of Federal agencies with regard to the management of their properties

would make necessary a corresponding enlargement of the jurisdiction

of United States commissioners. The present jurisdiction of United

States commissioners is delineated by section 3401 of title 18 of the

United States Code, which provides that United States commissioners

specially designated for that purpose by the court by which they were

appointed have jurisdiction to try and sentence--

persons committing petty offenses in any place over which the Congress

has exclusive power to legislate or over which the United States has

concurrent jurisdiction.

In view of the Committee's recommendation that the regulatory

authority of land management agencies of the United States be freed

from the limitations of a legislative jurisdictional requirement, and

in view, further, of the obvious fact that regulations issued under

such authority must be capable of enforcement, a forum must be

provided in which persons accused of violations of such regulations

can be tried and, if convicted, sentenced. The Committee therefore

recommends that subsection (a) of section 3401, title 18, United

States Code, be amended to read as follows:

(a) Any United States commissioner specially designated for that

purpose by the court by which he was appointed has jurisdiction to try

and sentence persons committing petty offenses in any place over which

the Congress has exclusive power to legislate or over which the United

States has concurrent or partial jurisdiction, or which is under the

charge and control of the United States, and within the judicial

district for which such commissioner was appointed.

Miscellaneous Federal legislation.--The only further amendment to

Federal statutes which the Committee feels are necessary at this time

are the repeal of section 103 of title 4, United States Code, and of

sections 4661 and 4662 of the Revised Statutes of the United States

(33 U.S.C. 727, 728), with the substitution for the last-mentioned

section of a new section in title 40 of the United States Code

substantially as follows:

Any civil or criminal process, lawfully issued by competent

authority of any State or political subdivision thereof, may be served

and executed within any area under the exclusive, partial, or

concurrent jurisdiction of the United States to the same extent and

with the same effect as though such area were not subject to the

jurisdiction of the United States.

The Committee recommends repeal of section 4661 for the reason that

its provisions requiring a cession of jurisdiction over the sites of

lighthouses, beacons, public piers and landmarks as a condition

precedent to the erection of such structures are inconsistent with

section 355 of the Revised Statutes of the United States, as amended.

The first sentence of section 4 at type of jurisdiction is sufficient

to meet the requirements of section 4661, and requires exclusive

jurisdiction in the United States. Its repeal is recommended for this

reason. The second sentence of section 4662 should be preserved,

however, to insure the power of the several States to serve civil and

criminal process within such sites already acquired under this act.

The Committee recommends, however, that its application be broadened

to all Federal lands and has therefore recommended that, as a

codification matter, the new section be inserted in title 40.

The repeal of section 103 of title 4, United States Code, is

recommended because the section is obsolete. The section gives to the

President authority to procure the assent of the legislature of a

state to the Federal purchase of land, so that the Federal Government

shall acquire legislative jurisdiction over the property, where a

purchase of land has been made without the prior consent of the State.

Authority to acquire legislative jurisdiction over the previously

acquired property now is adequately provided by section 355 of the

Revised Statutes of the United States, as amended.

State legislation.--As has already been pointed out, the Committee

is of the opinion that additional legislation on the part of many

States, and amendments of State constitutions in several instances,

will be required to allow relinquishment of unneeded Federal

legislative jurisdiction to them by the United States. Additionally,

it is the Committee's view that further State legislative action is

indicated with respect to uniformity in State cession and consent

statutes.

The States of Montana, North Dakota, South Dakota, and Washington,

as has been indicated earlier, have in their constitutions pro-

visions for the exercise of exclusive jurisdiction by the United

States to which these States may wish to give attention.

Uniform State cession and acceptance statute.--The Committee's

study also has revealed that considerable disparities exist among the

various States in their legislation pertaining to the cession of

legislative jurisdiction to the United States. Some of these

differences have been pointed out in an earlier part of this report.

In view of the fact that the Federal Government's power to legislate

for ceded areas is dependent initially upon a grant of consent in this

respect by the State concerned, it is obvious under these

circumstances that unilateral action on the part of the Federal

Government directed toward sounder policies and practices in this

field could be only partially successful. It is for this reason that

the Committee invites to the attention of the States the desirability

of their enactment of a uniform State cession and acceptance statute

along the following lines; optional matter, to provide conformity with

existing State practices, is included in brackets:

SECTION 1. (a) Whenever the United States shall desire to acquire

legislative jurisdiction over any lands within this State and shall

make application for that purpose, the Governor is authorized to cede

to the United States such measure of jurisdiction, not exceeding that

requested by the United States, as he may deem proper over all or any

part of the lands as to which a cession of legislative jurisdiction is

requested, reserving to the State such concurrent or partial

jurisdiction as he may deem proper.

(b) Said application on behalf of the United States shall state in

particular the measure of jurisdiction desired and shall be

accompanied by an accurate description of the lands over which such

jurisdiction is desired and information as to which of such lands are

then owned [or leased] by the United States.

accepted on behalf of the United States, which acceptance shall be

indicated, in witting upon the instrument of cession, by an authorized

official of the United States and [admitting it to record in the

appropriate land records of the county in which such lands are

situated] [filing with the Secretary of State].

Sec. 2. Notwithstanding any other provision of law, there are

reserved over any lands as to which any legislative jurisdiction may

be ceded to the United States pursuant to this act, the State's entire

legislative jurisdiction with respect to taxation and that of each

State agency, county, city, political subdivision, and public district

of the State; the State entire legislative jurisdiction with respect

to marriage, divorce, annulment, adoption, commitment of the mentally

incompetent, and descent and distribution of property; concurrent

power to enforce the criminal law; and the power to execute any

process, civil or criminal law; and the power to execute any process,

civil or criminal, issued under the authority of the State; nor shall

any persons residing on such civil or political rights, including the

right of suffrage, by reason of the cession of such jurisdiction to

the United States.

Sec. 3. (a) Whenever the United States tenders to the State a

relinquishment of all or part of the legislative jurisdiction

theretofore acquired by it over lands within this State, the Governor

is authorized to accept on behalf of the State the legislative

jurisdiction so relinquished.

(b) The Governor shall indicate his acceptance of such

relinquished legislative jurisdiction by a writing addressed to the

head of the appropriate department or agency of the United States and

such acceptance shall be effective when said writing is deposited in

the United States mails.

The foregoing proposal, if enacted into law by the several States,

when used in conjunction with the applicable Federal authority as it

would exist after the enactment of the amendments recommended just,

previously, would permit cooperative action on the part of appropriate

Federal and State officials for the resolution of most of the manifold

problems of both the Federal and State Governments, and of the

residents of Federal areas, by the existence of Federal legislative

jurisdiction over so many lands within the States.

The proposed statute has been drawn in the form in which it appears

above in order to meet a number of needs which came to the attention

of the Committee in the course of its study. The following comments

in respect to certain of its specific provisions are considered

appropriate: (a) The authority to make the actual cession of

jurisdiction and to determine the measure thereof which should be

ceded are confided to the Governor in order to permit an adjustment of

the amount of jurisdiction which is ceded to the needs of the

particular lands involved; the need for such discretion in some State

official has been apparent throughout the Committee's study; (b) the

amount of jurisdiction which the Governor may cede is limited to not

more than what has been asked for on behalf of the Federal Government

for the reason that it is obviously to the advantage of the State, the

United States, and the residents of the area, for the United States to

acquire only the amount of jurisdiction sufficient to meet its needs;

yet acquired by the United States to allow the continuance of the

desirable practices followed by certain United States agencies of (1)

determining in advance what jurisdiction is necessary for the purpose

to which the lands are to be put and acquiring such lands only when

such jurisdiction is obtainable, and (2) acquiring by a single cession

from a State one type of jurisdiction over a large area eventually to

become part of one Federal installation but for which the lands are to

be acquired at different time or over a period of time; (d) provision

is made for admission to record of all cessions of jurisdiction in

order that the respective limits of State and Federal jurisdiction

will be readily ascertainable; (e) by section 2 of the act certain

irreducible minimums of authority are left in the States; as

examination of the provisions of this section will reveal, the taxing

power of the State and that of its political subdivisions is in no

wise reduced, nor is the power to enforce the criminal law; and care

has been exercised to preserve the rights and privilege of the

residents

of ceded areas; and (f) the necessary provisions for acceptance of

relinquished jurisdiction, mentioned earlier, have been made.

Summary.--It is the belief of the Committee that the need for the

Federal and State legislation which has recommended is demonstrated by

its study and in this report. With the enactment of such legislation,

and with the revision by Federal agencies of their policies and

practices relating to the acquisition or retention of legislative

jurisdiction so that they are in conformity with the recommendations

made in the report, the Committee is confident that most of the

problems presently arising out of this subject could be resolved, to

the great benefit of the General Government, the States and local

governmental entities, residents of Federal areas, and the many others

who are affected.

APPENDIX A

SUMMARY OF FEDERAL LANDHOLDING AGENCIES'

DATA RELATED TO JURISDICTION

The questionnaires addressed to each of the 23 landholding

agencies of the Federal Government produced a tremendous mass of

information; reports from the larger agencies exceeded a thousand

pages each. The numbers and areas of properties reported by the

agencies were verified by the Committee against date set out in the

Inventory Report on Federal Real Property in the United States as of

December 31, 1953 (S. Doc. No. 32, 84th Cong., 1st Sess.), and any

discrepancies which might affect the accuracy of this study were

reconciled by the agencies involved. While a later inventory report

is now available (S. Doc. No. 100, 84th Cong., 2d Sess.), it was

published after the questionnaires related to this study had been

completed.

The information which each of the landholding agencies

transmitted to the committee concerning its properties, and the views

indicated by each agency concerning the jurisdictional status its

properties should have, are summarized below. References will be

noted to questionnaire A, and questionnaire B; these relate,

respectively, to the questionnaire addressed to each agency concerning

its property in general, and to the similarly addressed questionnaire

concerning individual properties of each agency in the States selected

for sampling purposes. Questionnaire B elicited statistical facts

concerning such matters as the number of nonmilitary residents and the

number of children on each installation, and sought information on a

number of other possible recurrent, day-to-day problems. These

included such matters as access to local schools and other local

governmental facilities, equality of privileges as compared with local

residents, the maintenance of vital statistics, the availability of

notarial services, the furnishing of police and fire protection, and

garbage disposal.

The accuracy of some of the opinions expressed as to the relative

advantages or disadvantages of the existing jurisdictional status

should be measured against expressions on the matters by the

Committee, since it must be recognized that the extent of knowledge as

to what that status is, and the legal incidents relative thereto,

varied with the correspondents.

(81)

DEPARTMENT OF THE TREASURY

Data from questionnaire A.--The three bureaus of the Treasury

Department which supervise property outside of the District of

Columbia have a total of approximately 1,219 installation, aggregating

approximately 26,941.45 acres in area plus 67,266 square feet of

office and storage space (Coast Guard: 1,049 installations aggregating

25,473 acres plus 144 installations (lifeboat stations) aggregation

977 acres; Customs: 20 installations aggregating 366.6 acres, and

buildings totaling 43,444 square feet, of which 8,112 square feet are

located on land either leased or occupied by permit; and Mint: 6

installations aggregating 124.85 acres plus 630,822 square feet of

office and storage space).

The property throughout the United States occupied by the Bureau

of Customs and the Bureau of the Mint is all held under a

proprietorial interest only, while property of the United States Coast

Guard is variously held under each of the several types of legislative

jurisdictional status and under a proprietorial interest. The

jurisdictional status of Coast Guard lands, to the extent that it is

known, is indicated to be as follows:

Number of properties

Property Total Area Exclu- Con- Proprie-

number (acres) sive Partial current torial

Academy........................ 1 61 1 ....... .......

Air detachment................. 4 ....... ....... ....... .......

Air station.................... 9 864 2 ....... .......

Base........................... 22 228 9 ....... ....... 7[1]

Depot.......................... 19 22 9 ....... .......

Electronic engineering station. 11 ....... ....... ....... .......

Fog signal station............. 1 25 1 ....... .......

Group office................... 4 ....... ....... ....... .......

Lifeboat station............... 144 977 12 1 ....... 131

Light attendant station........ 53 ....... ....... ....... .......

Light station.................. 321 4,912 144 ....... 13 10

Loran transmitting station..... 10 ....283 3 ....... .......

Mooring........................ 12 ....... ....... ....... .......

Radio beacon station........... 1 ....... ....... ....... .......

Radio station.................. 14 ....645 4 ....... .......

Receiving center............... 1 ....430 1 ....... .......

Supply center.................. 1 67 1 ....... .......

Supply depot................... 3 ....... ....... ....... .......

Training station............... 1 429 1 ....... .......

Yard........................... 1 .....39 1 ....... .......

Total.................... 633 8,982 189 1 13 148

[1] Held in mixed status: Concurrent and proprietorial.

Since the jurisdictional status of many properties is unknown to

the Coast Guard, it is impossible to determine the acreage held under

each of the different types of jurisdiction.

Data from questionnaire B.--In the State of California the

Treasury department has a total of 21 installations comprising

1,113.95 acres and 95,164 square feet of building space. Of these

properties 19 belonging to the Coast Guard, constituting a total of

1,111.19 acres,

are reported to be under the exclusive legislative jurisdiction of the

United States (although it appears that some of these may be within

the definition of "partial" jurisdiction adopted for the instant

study, in view of the practice of this State of reserving certain

powers in making cessions). One property belonging to the mint,

consisting of 2.76 acres and 95,164 feet of building space, is held in

a proprietorial interest only status. The status of the additional

property consisting of 7 acres held by the Coast Guard (Point Loma

Light Station) is unreported. Despite the exclusive (or partial)

nature of most of the California installations, vital statistics are

maintained by State or local authorities and local coroners

investigate deaths occurring on the premises under unknown

circumstances. Residing on Coast Guard properties are 172 persons

other than military personnel. Twenty-one of the thirty-eight

installations in the 12th Coast Guard District report that their

residents are denied equal access with State residents to State

colleges. All persons are indicated as otherwise having equal access

to State governmental facilities and equal privileges under the State.

Sixty-nine children residing on these installations attend State

schools; of these, forty are children of military personnel and

twenty-nine are children of civilians. Resident children are in all

cases granted access to State schools; however, in the majority of

cases it was reported that Federal funds in the form of grants-in-aid

were paid to the State.

The Treasury Department manages no property owned by the United

States in the state of Kansas.

In the state of Virginia the Coast Guard is the only agency of

the Department reporting management of realty, a total of 50

properties aggregating 1,388.398 acres, 1.03 rods, and 18 perches.

Twenty-six properties and a portion of an additional property,

aggregating 18.729 acres, are reported as having a partial legislative

jurisdiction status. One property, consisting of 0.42 acre, is held in

a concurrent legislative jurisdiction status. Fourteen properties and

portions of four are held in a proprietorial interest status. As to 3

properties and a portion of an additional property, records on

jurisdictional status are unavailable; the area of only one such

property (0.22 acre) is known. Vital statistics are not maintained on

coast Guard reservations. There is no known general rule which the

coroners in the state of Virginia follow apropos investigation of

deaths occurring under unknown circumstances. There are nine civilian

personnel residing on federal properties within the State. These

persons acre granted equal voting rights, equal access to existing

governmental facilities, and

equal privileges. Three children of civilian personnel attend State

schools on an equal basis with State residents.

Agency views.--The Bureau of Customs and the Bureau of the Mint

have experienced no difficulties in operating under a mere

proprietorial interest and see no need for Federal legislative

jurisdiction over their properties. While the Coast Guard likewise

indicated no significant problems with any type of jurisdiction it

initially stated an opinion that exclusive or concurrent legislative

jurisdiction was best suited to its properties. This opinion was

subsequently revised, and the Coast Guard has informally indicated to

the Committee that a proprietorial interest only would suit its

properties.

DEPARTMENT OF DEFENSE

a. Department of the Army.

b. Department of the Navy.

c. Department of the Air Force.

a. Department of the Army

Data from questionnaire A.--The number of properties owned by the

United States and occupied, operated, or supervised by the Department

of the Army is indicated to approximate 1,330. Of this number

approximately 574 pertain to military installations and 756 to river

and harbor improvements and flood-control projects. The Army reports

that it does not have readily available information as to specific

categories, acreage and type of jurisdiction in regard to river and

harbor improvements and flood control. However, it has been the

policy of the army not to request jurisdiction over such properties,

and generally, they are held in a simple proprietorial interest. In

regard to military properties, the categories, jurisdictional status,

number and acreage are listed as set forth in the following table. It

may be noted therefrom that while many of Army's properties are held

in an exclusive legislative jurisdiction status (41 percent by number

and 20 percent by acreage), similarly large quantities of its

properties, of all categories, are held in a proprietorial interest

only (30 percent by number and 46 percent by acreage), and

considerable quantities in a partial or concurrent legislative

jurisdictional status:

Data from questionnaire B.[1]--The acreage and jurisdictional

status of properties held by the Department of the Army in Virginia,

Kansas, and California are reported as follows:

Total Kansas Virginia California

Exclusive................... 67,695 9,563 34,888 23,244

Partial..................... 97,875 74,327 ........ 18,548

Concurrent.................. 122,614 ....... 122,614 ...........

Proprietorial............... 1,010,026 ....... 1,909 1,008,117

Total................ 1,263,210 83,890 159,411 1,049,909

Less arithmetical errors.... -803 ....... -893 .........

Total................ 1,292,317 83,890 158,518 1,049,909

The designation of jurisdictional status supplied by the various

reporting installations was used in every instance except that of Fort

Leavenworth, which was changed by the committee from a reported

exclusive jurisdiction to a partial legislative jurisdiction on the

basis of precise information on this installation.

A general satisfaction of installation commanders with the

jurisdictional status of installations held under exclusive (or

partial approaching exclusive) Federal jurisdiction was reported.

This general satisfaction extended, but in a markedly lesser degree,

to all installations whatever their jurisdictional status. For

industrial type installations there was indicated preference for a

proprietorial interest status. With respect to other types of

installations, in a number of instances where there was only a

proprietorial interest it was suggested that a greater degree of

jurisdiction be obtained by the United States, but generally no

problems were indicated as arising out of the existing status. On the

contrary, several advantages were variously cited as arising from such

a status. The reasons given by the Army and by local commanders for

retaining or obtaining exclusive legislative jurisdiction are mainly

related to military control and security, and freedom of both bases

and personnel from local interference and regulation. It appears,

however, tat no serious problems with respect to these matters are

reported in the cases of the many Army installations which are under

less than exclusive jurisdiction. In many cases where an exclusive

jurisdiction status was urged for a proprietorial interest area it was

nevertheless acknowledged that State and local authorities in fact

have a "hands off" attitude with respect to Army operation of military

establishments, and that no actual conflicts exist. In only one

instance in which such a change was desired, where the installation is

located in part on exclusive-

[1] These questionnaires were sent only to military

installations. For the reasons set forth above in relation to

questionnaire A, reliable information is difficult to obtain

concerning the areas in the three selected States devoted to the civil

functions of the Army.

jurisdiction land and in part on part on proprietorial-interest-only

land, which are all administered uniformly, was there a definite

indication of conflict, the degree of which was not stated. In other

such cases, it was indicated, the Army post commander's fear of State

or local interference was based on a "theoretical analysis" of

possibilities, or on suppositions not based on actual experience. In

still other cases the Army commander had an erroneous impression that

an exclusive-jurisdiction status, as distinguished from a

proprietorial-interest-only status, permitted him to exercise more

control over civilians, including their arrest and final disposition

of charges against them.

Where premises had differing legislative jurisdiction statuses,

they were nonetheless administered in the same manner in all cases

except one. In no instance were any problems reported as arising out

of the differing statutes.

The number of residents other than armed forces personnel on Army

premises in Virginia, Kansas, and California is approximately 20,991.

On six installations there residents were denied an equal right with

State residents to vote. On two of the installations at which

residents are denied equal voting rights, Camp Cooks, Calif., and

Branch United States Disciplinary Barracks, Lompoc, Calif., they are

also reported to be denied access to State colleges without payment of

a nonresident tuition fee, although these installations are reported

as held under a proprietorial interest only. A denial of equal

facilities was cited on four installations. Equal privileges were

reported as denied in seven instances.

Resident children attending school were reported as follows:

Children of armed forces personnel, 7,323; others, 1,416; total school

children, 8,739. Seven installations reported that these children

were not accepted in State schools on an equal basis with State

residents. In six of these cases, State schools were the recipients

of federal grants-in-aid; in the other instance, a separate school

maintained on the base was supported jointly by State and Federal

sources.

Vital statistics are maintained inmost instances by local

authorities, regardless of the jurisdictional status of the property.

However, 2 installations reported such statistics were no maintained;

9 installations reported such statistics were maintained by the

federal Government.

Eighteen installations reported that a local coroner did not

investigate deaths occurring on the premises; investigations were

performed by the local coroner on 41 installations. For the most part

factors other than jurisdictional status of an installation determine

whether or not a local coroner will conduct investigations.

Services of a notary public were available on the premises in 33

of the 68 reporting installations. In those cases where notaries were

not on the premises, they were located in areas ranging from

immediately adjacent to the premises to 10 miles away.

Thirty installations reported a necessity for the services of a

United States commissioner. Distances to the nearest commissioner

ranged from one on base to 65 miles, with an average distance of about

17 miles.

Services of local police were reported as needed and rendered in

10 instances. In a number of instances local police would appear to

operate on exclusive jurisdiction areas. such services were not

needed in 57 cases. The Sierra Ordnance Depot, Calif., reports a past

history of inability to obtain local police protection despite in 1942

local police authorities declined to assume jurisdiction over law

violations on the depot on the ground that the status of a military

reservation precluded the assumption of jurisdiction. In order to

have some law enforcement, a United States commissioner was appointed

to try violations of California law under the Assimilative Crimes act.

The authority of the commissioner was challenged on several occasions.

Not until 1955 was it possible for the Army to obtain partial

jurisdiction over the area (which contained leased land) in order to

clear the confused situation.

Fire protection was furnished by the Federal Government in 23

cases, local government in 9 cases, and reciprocally in 34 cases. The

source of fire protection appeared in most instances to be more

contingent upon factors such as the size and manpower of the

installation, and the proximity and resources of the local community,

than upon the legislative jurisdictional status of the properties

involved.

The Army makes a special reference to the area occupied by the

Pentagon. Since it appears that there is some uncertainty as to

whether the United States is vested with exclusive or only concurrent

jurisdiction over that part of the Pentagon and outside facilities as

are located on land lying between the boundary line established

between the District of Columbia and the Commonwealth of Virginia by

the act of October 13, 1945 (58 Stat. 552), and the high-water mark as

it existed on January 24, 1791, the question arises whether to seek a

cession of exclusive jurisdiction over the area from the Commonwealth

of Virginia or whether to retrocede concurrent jurisdiction over the

area now under exclusive jurisdiction, since consistency in the status

of both areas is desirable.

Agency views.--The policy of the Department of the Army with

respect to the acquisition of legislative jurisdiction has been for

the Chief of Engineers to make ad hoc decisions on a request for the

procurement of jurisdiction made by the using service. Where such

decision is in favor of jurisdiction, the Corps of Engineers procures

the maximum jurisdiction which the State will grant.

The Department of the Army indicates the desirability of

providing authority to the Secretary of the Army for the adjustment of

the existing jurisdictional status of Army properties, but opposes any

action on the basis of the instant study which would divest the United

States of any jurisdiction over military properties which it now has.

b. Department of the Navy

Data from questionnaire A.--The Department of the Navy has a

substantial inventory of real property (614 installations, comprising

3,417,174 acres), which property is predominantly held only in a

proprietorial interest status, but a large number of installations are

held under the exclusive legislative jurisdiction of the United

States, and lesser numbers in a partial or concurrent jurisdictional

status. The properties fall into 27 categories based on use--naval

bases, depots, shipyards, industrial reserve facilities, ordnance

plants, hospitals, radio stations, civilian and military housing,

detention barracks, etc.; all but 1 of such categories include 1 or

more exclusive jurisdiction installations, all but 3 minor categories

of properties, which are used by the Marine Corps, include

proprietorial interest only installations, all but 12 include

concurrent jurisdiction installations, and all but 14 include partial

jurisdiction installations. The numbers and total approximate areas

of properties reported to be under the several types of jurisdiction

are indicated in the following table:

Jurisdiction Number Acreage Square Feet

Exclusive............ 266 1,065,698 87,000

Concurrent........... 55 214,821 .......

Partial.............. 34 153,085 .......

Proprietorial........ 408 1,646,491 .......

Total........... 743[1] 3,100,095[2] 87,000

[1] The discrepancy in the number of parcels occurs from the fact

that several parcels enjoy varying types of legislative jurisdiction.

[2] The Navy advises, on the basis of data full details of which

were not furnished to the Committee, that this figure should be

revised to 3,417,174 acres.

Data from questionnaire B.--The approximate number and acreage of

the sites reported in the three States under specific consideration

(Virginia, Kansas, and California) are as follows:

[Acres unless otherwise specified]

State Num- Total area Uncertain Exclusive Concur- Partial Proprie-

ber rent torial

Virginia.... 39 1,118,108 .......... 41,322 3,633 ........ 73,150

220,000 .......... .......... ....... ........ 320,000

Kansas...... 2 34,157 .......... 4,157 ....... ........ ......

California.. 67 42,435,154 .......... 186,309 32 136,405 2,114,028

393,418 2601.31 233,287 ....... ........ .........

5,159 .......... .......... ....... ........ .........

(6) .......... .......... ....... ........ .........

Total..... 108 72,557,419 3601.31 231,788 3,665 3,665 2,187,178

In a few reports it was suggested that jurisdiction over housing,

particularly housing entirely for civilians, be retroceded to the

States, and that the Federal Government maintain a proprietorial

interest only. With only one exception all installations reported

satisfaction with the housing units under their command which were

held in a proprietorial interest. Local police, fire, etc., services,

as well as rights of the residents such as voting, were the reasons

given for the desirability of a proprietorial status for these housing

units.

On the other hand, reports from local installations showed a

general desire for more than proprietorial interest with respect to

lands used for activities other than housing. Affirmative answers

were received in almost all instances where the type of jurisdiction

was the greatest obtainable under State law. Reports from 38

installations expressed the opinion that the present jurisdictional

status of the installations was not the most suitable, in almost every

such instance desiring the greatest amount of jurisdiction available

to the Federal Government under the laws of the particular State. The

reason most often assigned was that superior military security and

control were possible under superior legislative jurisdictional

status. It will be noted that the Navy Department its self does not

concur in this theory. Despite the many recommendations for an

upgrading in jurisdiction with respect to installations holding less

than exclusive jurisdiction, few problems with local officials or

disadvantages attributable to the existing status of the installations

were reported. Most reports stressed the spirit of cooperation and

harmony existing between the command and local authorities, local

officials very generally have adopted a "hands-off" attitude with

respect to naval properties, whatever the legislative jurisdiction

status of such properties, rendering

only such service and assuming only such authority as are welcomed by

the naval commanders. This is demonstrated by the fact that in almost

all installations based on areas of land under two or more types of

jurisdiction there is no areas of land under two or more types of

jurisdiction there is no distinction made on the basis of jurisdiction

in the administration of the several areas comprising the

installation.

Approximately 37,595 residents were reported living on 52

installations. The figures ranged from 1 resident to 9,349. From the

reports given it is not possible accurately to determine what

proportion of such residents reside on lands under each of the varying

types of jurisdiction.

The reports indicate that residents of 45 of the installations

are allowed to vote in the State and that the right to vote has been

denied to residents of 10 installations. All of the negative

responses came from installations where the civilians resided on land

under exclusive Federal jurisdiction. In many other instances,

however, persons on such land were allowed to vote. Discrepancies

were rampant between various installations in the State and ever

between various installations within a single city.

There are 16,133 school children residing on naval lands in the 3

sample States. Of these, 13,684 are children of persons in the naval

service and 2,449 are those of civilians. It is not possible from

information made available to break down the number of school children

by the legislative jurisdiction of the land on which they reside.

Resident children on 58 installations were reported as being

accepted in State schools on an equal basis with State residents,

whereas the children living on 14 installations were denied this

privilege. In all the cases in which a negative response was received

either the local school district was receiving Federal grants-in-aid,

or the installation was providing transportation to the school for the

Federal children. In no reported instances were the children denied

schooling. If formerly there were problems in this area, it would

seem that, at least for the present, the Federal aid system has

alleviated them almost entirely.

Equal use of facilities and equal privileges were accorded to

residents of Federal enclaves almost without fail regardless of the

jurisdiction over the land upon which they resided. Access to courts

of divorce, adoption courts, mental institutions, and other incidents

of State residency were reported denied in a few instances, but there

nowhere appeared to be an overall State policy present, the results

differing from locality to locality within the individual State and,

indeed, differing at the same locality with respect to different

facilities and privileges. (The Naval Auxiliary Air Station at El

Centro, Calif., under exclusive jurisdiction, reported that access is

allowed

to juvenile courts, divorce courts, adoption courts. On the other

hand, residents are denied the right to serve as executors of

administrators of local estates, as well as well as the right of

probate within the State, and are refused the services of visiting

nurses and access to State hospitals for the mentally ill. Such

residents are allowed to vote.) There were no reported cases of

denial of equal privileges, in fact some installations reported

better-license laws.

In a substantial majority of the cases, vital statistics

concerning civilians are taken and maintained by local authorities

regardless of status of jurisdiction. Likewise the coroner

investigates deaths of civilians. In most installations under

exclusive jurisdiction and in some under other statuses, deaths of

members of the naval service are investigated by Federal authorities.

In several instances, however, it was reported that the local coroner

was requested to investigate. Some two or three stations reported

that naval authorities attached to the station had been deputized as

coroners by local authorities and all investigations on the

installation were conducted by such deputies.

The availability of notarial services was reported affirmatively

in 41 instances, negatively in 62. Where no notary was on the post,

such service were usually available within a short distance.

Frequently these services were performed on land under exclusive

Federal jurisdiction.

The services of a United States Commissioner were not required in

80 reporting cases, were required in 22. While many of the

installations reporting no need were held under proprietorial interest

only, many others in a different status relied upon local police or

military regulations, and reported a need for a United States

Commissioner rarely if at all.

Thirty installations reported a need for local police services,

and in all except one case such services were available. Local police

were usually utilized to render general police service in connection

with naval housing, although other instances of their use, such as in

connection with theft investigation and traffic control, were cited.

Usually, but not always, the local police were not acting on land

under exclusive jurisdiction. One installation reported that its

housing development, on exclusive jurisdiction land, was patrolled by

local police under an agreement whereby the lessee company of the

housing project made a payment in lieu of taxes to the of

accommodating naval authorities, with respect to arrest of individuals

for law violations occurring on other types of exclusive jurisdiction

installations.

One station, holding 507 acres exclusive and 10 acres proprietorial,

reported that station police at the gate for formal charge, arrest,

and prosecution. Presumably no attempt was made to determine the

jurisdictional status of the land upon which the purported crime was

committed. Sixty-eight installations reported no need for local

police services. While most of these were located on exclusive

jurisdiction land, several were not, but relied upon military

policing. The local police appear to have almost completely respected

the desires of installation commanders concerning the rendering of

their services on military land.

Whether or not local fire protection was rendered does not appear

to depend entirely upon the status of the land in question, but rather

upon other factors such as size and character of the installation,

proximity to local fire-fighting facilities, adequacy of local

facilities, etc. The breakdown was as follows: Federal only, 34;

local only, 19; reciprocal, 48. While a few of the reciprocal

agreements, in consonance with the often-cited harmony and cooperation

between local and Federal officials.

Agency views.--The policy of the Department of the Navy with

regard to the acquisition of legislative jurisdiction has been to

acquire no legislative jurisdiction unless the local commander makes a

request for the acquisition of jurisdiction setting out his reasons

therefor. If the Department determines on the basis of this request

that Federal legislative jurisdiction is necessary or desirable, the

Department procures the maximum jurisdiction permitted by general

State cession statutes.

In view of the opinion of the Department of the Navy that the

jurisdictional status of the site of an installation is immaterial

insofar as any effect it may have upon the security and military

control over the property and personnel of a command are concerned, it

bases its view of the desirability of a particular type of

jurisdiction in a general way upon the size and self-sufficiency of

the installation. For large, self-sufficient bases exclusive (or

partial approaching exclusive) jurisdiction is felt desirable. For

small, non-self-sufficient installations concurrent jurisdiction (or

proprietorial interest only as a second choice) is desirable. In all

cases the determination would have to be made by an analysis of the

problems of the particular installation and a weighing of the

advantages and disadvantages of the various jurisdictional statuses,

with housing areas being considered separately in arriving at the

final decision.

c. Department of the Air Force

Data from questionnaire A.--The department of the Air Force

reports that it holds within the United States 189 primary

installations comprising 6,327,498 acres. Minor installations were

not included in the report. Of the 6,327,498 acres under concurrent

jurisdiction; 201,018 acres under partial jurisdiction; and 5,744,485

acres under a proprietorial interest. It is to be noted that over 90

percent of the acreage reported is held under a proprietorial interest

only. The following table illustrates the current status of Air Force

properties broken down by use and jurisdictional status:

* * * * * * * * * *

Data from questionnaire B.--The acreage and jurisdictional status

of properties held by the Department of the Air Force in the three

States of Virginia, Kansas, and California are reported as follows:

* * * * * * * * * *

The jurisdictional preference of the reporting installations is

almost uniformly for exclusive Federal jurisdiction or for the highest

degree of Federal jurisdiction obtainable under the applicable State

statutes. With regularity, the reason assigned for the desirability

of exclusive jurisdiction was based upon the security of and military

control over the installation. Other reasons assigned were the

nonapplicability of State liquor regulation, noninterference with the

operation of post exchanges and similar Federal instrumentalities,

Federal criminal enforcement, nontaxation of leasehold interests in

Wherry housing, and the impression that exclusive jurisdiction would

perfect the installation rights as a riparian landholder.

The various installations report 10,692 residents, of which 1,754

are in Virginia, 12 in Kansas and 8,926 in California. Apparently the

dependents of Armed Forces personal were not included in the total for

Kansas since the answer to another question indicates a total of 758

children residing in Kansas.

Residents of these areas are generally accorded all the rights of

residents of the State, with a few exceptions. Residents are not

granted a right to vote at McConnell Air Force Base, Kans., and Beals

Air Force Base, Calif. They are denied equal use of facilities at

Topeka Air Force Base, Kans., and at Beals in California. All of

these installations are held under exclusive or partial Federal

legislative jurisdiction. Since California now grants complete

political rights to residents of Federal areas within its borders, it

appears that some error has been made by local officials in regard to

the rights of residents at Beale Air Force Base.

Seven thousand one hundred and fifty-three children reside on Air

Force installations within the three States. Children of military

personnel in Virginia number 916, in Kansas 758, and in California

5,200. In addition, 279 children of civilians reside on Federal areas

within California. All of the children are enabled to receive public

education, with no reported difficulties. In many instances,

however, the local school districts receive Federal grants-in-aid.

Notaries public were reported as available on base in 13

instances; on 7 bases notaries were not present. Where a notary was

not situated on the installation, the distance to the nearest notary

varied from one to 27 miles, the average distance being 8.5 miles.

The services of a United States commissioner are required in

eight instances. The distance to the nearest commissioner varies from

1 on base to 55 miles distant. The average distance to the nearest

United States commissioner is approximately 23 miles. Fifteen

installations reported that they had no requirement for the services

of a United States commissioner.

The services of local police were required and rendered in eight

instances. In two of these cases, the main function of local police

was in traffic regulation. Six of the installations which reported

the receiving of local police services are held under exclusive or

partial Federal jurisdiction; the remaining two bases are held under

concurrent jurisdiction. Fourteen installations reported no

requirement for the services of local police.

Fire protection was rendered by Federal sources in 16 cases,

locally in 2, and reciprocally in 5. Factors other than the

jurisdictional status of the lands involved appear to determine the

source of fire protection.

Agency views.--The policy of the Department of the Air Force with

respect to the acquisition of legislative jurisdiction has been to

acquire exclusive jurisdiction as a matter of course over all

permanent installation as a matter of course over all permanent

installations wherever State statutes permit, except for bombing and

gunnery ranges, for which no jurisdiction is acquired. The relatively

small percentage of Air Force properties having any Federal

jurisdictional status is explained by the following factors: (1) Many

permanent installations have only recently been so designated and time

has not permitted the obtaining of Federal jurisdiction, (2) rapid

enlargement of installations by land acquisition and a time lag in

obtaining Federal jurisdiction, and (3) the largest Air Force acreage

represents bombing and/or gunnery ranges; these are for the most part

located in the Western States and are comprised in a large part of

public domain land which is not generally covered by enabling

legislation; also it has been deemed neither necessary nor desirable

to obtain Federal jurisdiction over bombing ranges, as generally no

personnel or equipment are permanently located on them.

The Department of the Air Force is of the apparent view that a

form of partial legislative jurisdiction would be most desirable. The

Department envisages a type of jurisdiction in which the civil and

political rights of the Federal residents would not be disturbed and

yet would vest in the Federal Government substantial powers. It feels

that reservations by the States of authority to control fishing and

hunting, regulate and license private businesses and the power of

taxation would not materially affect the military function. The

Department more recently has indicated a view that concurrent rather

than exclusive legislative jurisdiction is that toward which it would

probably lean.

DEPARTMENT OF JUSTICE

Data from questionnaire A.--The reports of the two agencies of

the Department of Justice which occupy, operate, or supervise real

property owned by the Federal Government in the several States

indicate that they have 48 such properties, aggregating 25,534.58

acres (Immigration and Naturalization Service 17 properties, 68.48

acres; Bureau of Prisons 31 properties, 25,466.1 acres). The

jurisdictional statuses of such properties are as follows:

* * * * * * * * * *

Data from questionnaire B.--Information reported by the

Department of Justice agencies concerning the legislative

jurisdictional status of their properties in the three States to which

questionnaire B appertains may be summarized as follows:

* * * * * * * * * *

A total of approximately 333 persons, including approximately 120

children of school age, being Government employees or their families,

reside on the Department's properties. These persons appear on the

whole not to be discriminated against because of the status of the

areas upon which they live. However, in instances the right to vote

has been denied persons resident on lands under the exclusive (or

partial) legislative jurisdiction of the United States. Indeed, it

appears from information in the hands of the Committee that at least

in the case of one installation of the Bureau of Prisons, at El Reno,

Okla., the right to vote has been denied to residents although the

installation would appear not to be within the legislative

jurisdiction of the United States, the State having limited its

cession of jurisdiction to the land involved for use of the land for

military purposes only.

Agency views.--The Immigration and Naturalization Service has had

a policy of not accepting jurisdiction over lands acquired for its

purposes, and only in two instances, where lands were originally

acquired by other agencies for other purposes, does the Service have

lands over which the United States has legislative jurisdiction. The

Service states that all its needs have been met under a proprietorial

interest.

The Bureau of Prisons' practice with respect to the acquisition

of legislative jurisdiction over its installations has in the past not

been

uniform. The Bureau now feels, however, that concurrent jurisdiction

would be the most suitable for all prison sites.

DEPARTMENT OF THE INTERIOR

A from questionnaire A.--The number of properties owned by the

United States and occupied, operated, or supervised by the Department

of the Interior approximates 1070 properties comprising over 215

million acres. The numbers of these properties under the various

Bureaus of the Department are as follows:

Number of

Bureau: properties

National Park Service................... 161

Bureau of Reclamation................... 120

Fish and Wildlife Service............... 312

Bureau of Land Management............... 218

Bureau of Mines......................... 25

Geological Survey....................... 2

Southwestern Power Administration....... 128

Bonneville Power Administration......... 221

Bureau of Indian Affairs................ 101

Total.............................. 1,070

These properties are used for a number of purposes by the

Department, the amounts devoted to these uses and the jurisdictional

statutes of the land being indicated by the following table:

Character of Federal jurisdiction, classified by use

[In acres, with number of properties in parenthesis]

* * * * * * * * * * *

Character of Federal jurisdiction, classified by use--Continued

[In acres, with number of properties in parenthesis]

* * * * * * * * * * *

[In square feet, with number of properties in parenthesis]

* * * * * * * * * * *

Data from questionnaire B.--The acreage and jurisdictional

statuses of properties held by the bureaus of the Department of the

Interior in the States of Virginia, Kansas and California are reported

as follows:

* * * * * * * * * * *

A general satisfaction was evidenced in the status quo of

jurisdiction by the individual reporting installations. The only

discernible trend was the preference of some national parks toward a

concurrent legislative jurisdiction, which, in the majority of cases,

was less than the existing status. The main practical advantage found

in concurrent jurisdiction is the right of the Federal Government to

provide adequate policing of isolated regions where the State

authorities are either unable or unwilling to perform such services.

Residing on these installations are found 2,132 persons, most of

whom are in areas within the limits of national parks. In this

respect, it should be pointed out that many of these residents are

residing on

100

lands which they own, but which are "inholdings" in national parks,

plots within the exterior boundaries of the parks.

There were no reported instances in which residents were denied

equal vote, equal privileges, or equal use of facilities.

There are 524 school children residing on lands held by the

Department of the Interior in California, Kansas, and Virginia. All

of these children appear to be admitted to State schools on an equal

basis with State residents. Only two installations reported that

local schools received Federal grants-in-aid, the remainder were

silent on this matter.

Regardless of jurisdictional status, in all cases except one

vital statistics were maintained and related certificates issued by

the State authorities. (one national military cemetery, however,

reported that its record were maintained by the Federal Government.)

Likewise, local coroners investigated any deaths occurring on the

premises under unknown circumstances.

In almost all installations services of State notaries public

were not available on the premises. Distances to the nearest notary

public varied from one-fourth mile to 102 miles.

About half of the properties reported a need for the services of

a United States commissioner. Distances to the nearest notary public

varied from one in residence on the installation to 150 miles.

Most of the installations reported need of the services of local

police and in all instances such services were rendered.

Fire protection was provided locally in 18 cases, by the Federal

Government in 25, and reciprocally in 10 instances. The type of

jurisdiction does not appear too relevant in determining the source of

fire protection. Rather, such factors as size of the installation,

size and resources of the surrounding localities, and remoteness of

the installations are of paramount importance.

Agency views.--The policy of the Department of the Interior with

respect to the acquisition of legislative jurisdiction over its

properties and that the efficiency of Federal operation is not

impaired by holding lands under a simple proprietorial interest. For

certain national parks and monuments which cover vast areas and which

are situated in remote regions of the country, partial jurisdiction is

deemed necessary, although the Department recognizes that the State

should have substantial authority in these federally owned areas. For

certain wildlife refuges, where the problems seem to be similar, the

Depart-

101

ment has indicated the possible desirability of a concurrent

jurisdiction status.

DEPARTMENT OF AGRICULTURE

Data from questionnaire A.--The six agencies of the Department of

Agriculture which operate or supervise real property owned by the

United States have a total of 532 properties aggregating 168,351,577

acres plus 39,433 square feet of office space, making the Department

one of the largest landholding agencies of the Government (second only

to the Department of the Interior). While most of the Department of

Agriculture's land is held in a status of proprietorial interest only,

the Department has lands in each of the other categories defined by

the Committee. The following table summarizes the jurisdictional

status of the lands:

* * * * * * * * * * *

It may be notes, incidentally, that with respect to a certain number

of other properties the United States has be statute assumed authority

over wildlife but this action appears to constitute an exercise of

power under some other clause of the Constitution rather than

assumption of jurisdiction under article I, section 8, clause 17.

Date from questionnaire B.--Responses from Department of

Agriculture installations in Virginia, Kansas, and California indicate

that 4 agencies of the Department of Agriculture supervise a total of

53 properties aggregating 21,502,772 acres and an additional 27,500

square feet, in the 3 States involved. Most of this property is held

in a proprietorial interest only status, without legislative

jurisdiction (51 areas aggregating 21,468,437 acres), but 3 areas

aggregating 4,336 acres are held under exclusive legislative

jurisdiction, and a portion (30,000 acres) of 1 otherwise

proprietorial interest only property is held under a partial

jurisdiction status. The status of the lands in these three States is

shown in the following table:

102

[The following table is incomplete.]

California:

Agricultural Research Service:

Proprietorial

Exclusive

Farmers Home Administration: Proprietorial

Forest Service: Proprietorial

Soil Conservation Service: Proprietorial

Subtotal:

Proprietorial

Exclusive

California total

Kansas:

Forest Service: Proprietorial

Farmers Home Administration: Proprietorial

Soil Conservation Service: Proprietorial

Virginia:

Agricultural Research Service:

Farmers Home Administration: Proprietorial

Forest Service:

Proprietorial

Partial

Subtotal:

Proprietorial

Exclusive

Partial

Virginia total

3-State total:

Proprietorial

Exclusive

Partial

Total, 3 States

[1] Plus 2,450 square feet of space.

[2] 1 portion.

[3] Plus 2,450 square feet office space.

A total of 6,431 residents (approximately) are on the properties,

including 1,328 children attending schools. While the great majority

of residents are on Forest Service properties as to which the Federal

Government has only a proprietorial interest, it appears that

discriminations are not practiced by the States and local committees

against the residents who are on other properties, and all resident

children attend schools on an equal basis with other children.

It is noted that local police assistance is required and rendered

from time to time on various properties, including some properties

under the exclusive jurisdiction of the United States. A number of

affirmative recommendations are made for proprietorial interest on the

grounds that it expedites arrest and punishment of petty thieves by

local authorities, and that local authorities under such a status can

supervise the hunting of game. In a number of instances Federal

authorities are not readily available to enforce law, and in some such

cases law enforcement by local authorities has been reported by some

installations as essential to the carrying out of their functions.

103

Agency views.--The Department of Agriculture is of the view that

a proprietorial interest is sufficient to its needs as to all its

properties. Consequently it is the policy of the Department to

acquire no legislative jurisdiction over its land holdings.

DEPARTMENT OF COMMERCE

Data from questionnaire A.--The reports of the seven agencies of

the Department of Commerce (Bureau of the Census, Civil Aeronautics

Administration, Coast and Geodetic Survey, Maritime Administration,

Bureau of Standards, Bureau of Public Roads, and Weather Bureau),

which occupy, operate, or supervises real property owned by the

Federal Government in the several States, indicate that together these

agencies have 263 such properties, aggregating 32,688.68 acres, plus 2

such-properties containing 474,360 square feet of office and storage

space. The property supervised by the Department of Commerce is spread

through the United States, excepting only 10 States, and is used for

general office and storage space, air navigation aids, airports,

regional headquarters, housing, geophysical and meteorological

observatories, laboratories and testing areas, shipyards, marine

terminals, warehouses, maritime training stations, reserve fleet

installations, equipment depots, flight strips, and highway rights-of-

way. The legislative jurisdictional status of areas operated under

the department of Commerce may be summarized as follows:

Area

Jurisdiction Number

Unit Amount

Exclusive........... 5 Acre.......... 48.3

Do............. 2 Square feet... (474,360)

Concurrent.......... None .............. None

Partial............. 1 Acre.......... 616

Proprietorial....... 251 .....do....... 31,623.64

Unknown............. 6 .....do....... 32,688.68

Total

104

Data from questionnaire B.--Responses from Department of Commerce

installations in Virginia, Kansas, and California concerning

legislative jurisdictional status may be summarized as follows:

Jurisdiction Number Acreage

Virginia......

Unknown........ 1 187

Exclusive...... None None

Concurrent..... None None

Partial........ 1 616

Proprietorial.. 8 3,045.93

Total............. 10 3,848.93

Kansas.........................

None........... None None

California.....................

Unknown........ 1 2.5

Exclusive...... None None

Concurrent..... None None

Partial........ None None

Proprietorial.. 29 4,964.3

Total............. 30 4,967.3

The several agencies on the whole have found the legislative

jurisdictional status of their properties satisfactory. The

predomination proprietorial--interest--only jurisdiction is chiefly

preferred because of the local police protection which it beings.

However, in one such case the Bureau of Public Roads reports

difficulty in procuring police services and suggests the desirability

of concurrent jurisdiction for the area; the problem apparently arises

because of some misunderstanding. The mentioned Bureau also suggests

the desirability of changing the legislative jurisdictional status of

four of its installations from exclusive to concurrent for the purpose

of strengthening its position when local police or fire protection

services are required.

Eleven residents, including two school children, are located upon

premise of the Department of Commerce in Virginia and California.

Such residents are indicated as having accorded to them all services

and privileges usually rendered by State and local governments only to

residents of the State involved.

The Civil Aeronautics Authority makes special reference to the

area occupied by the Washington National Airport, the jurisdiction of

which is indicated as being partial, Virginia having reserved the

right (1) to tax certain motor fuel and lubricants, (2) to serve civil

and criminal process, and (3) to regulate the manufacture, sale, and

use of alcoholic beverages. CAA finds satisfactory the current

legislative jurisdictional status of Washington National Airport,

excepting an existing State-imposed prohibition on the use of

alcoholic beverages other than light wines and beer. In this

connection it points out that travelers using the airport come from

all parts of the world, that many have a vastly different outlook than

is represented by Virginia laws and that the prohibitions on use of

alcohol at the airport

105

seem arbitrary. CAA recommends transfer to Federal jurisdiction of

authority over this subject, but would have no objection to payment to

Virginia of taxes on alcohol consumed on the premises.

Agency views--The Department of Commerce apparently has no

departmental policy with respect to the acquisition of legislative

jurisdiction. However, all of the landholding agencies of the

Department have a policy of accepting only a proprietorial interest in

lands acquired for their several purposes.

The land-acquiring agencies of the Department, with the exception

of the Bureau of Public Roads, and the CAA with respect to the

Washington National Airport, whose views have been indicated, are of

the view that it is unnecessary for the proper performance of Federal

functions to acquire any measure of legislative jurisdiction over

their installation sites.

DEPARTMENT OF HEALTH, EDUCATION, AND WELFARE

Date from questionnaire A.--The properties owned by the United

States and occupied, operated, or supervised by agencies of the

Department of Health, Education, and Welfare aggregate 3,848.063 acres

outside the District of Columbia. The major part of this land is

composed of hospitals, most of which are held under exclusive Federal

jurisdiction. The status of quarantine stations, which are located on

land aggregating 88.8 acres, is for the most part unknown to the

Department. The various agencies of the Department also occupy office

space i buildings held by other Federal agencies. The jurisdictional

status of these lands in indicated by the following table:

[Acres]

Total Exclusive Partial Proprie- Un-

torial Known

St. Elizabeth Hospital, Maryland... 307.0 307.0

Public Health Service:

Quarantine stations....... 88.8 .3 6.9 81.6

Hospitals................. 2,942.413 2,917.034 8.679 15.4 1.3

Communicable disease centers... 147.0 27.0 120.0

National Institutes of Health.. 362.85 306.2 35.15 21.5

Total............... 3,848.063 3,530.534 70.829 163.8 82.9

Data from questionnaire B.--The only bureau of the Department of

Health, Education, and Welfare which supervises federally owned

property in any of the 3 States covered by this questionnaire is the

Bureau of Medical Services, which has 4 properties in California and

Virginia, 2 being in each State. Al such property is acquired and the

status thereof is shown in the following table:

106

* * * * * * * * * * * * *

A general satisfaction with the jurisdictional status quo was

reported. Among the advantages of exclusive jurisdiction are listed

the following: Federal property is not subject to State taxation;

automobiles of personnel living on the reservation not subject to

local taxes; disposition of personal effects upon death of patient

according to departmental regulations rather than relinquishment of

such effects to the local public administrator. Advantages accruing

from holding property under partial jurisdiction and proprietorial

interest include local fire and police protection, lectures on fire

prevention, and trash collection.

There are 125 residents and 29 school children residing on the

lands in question, 63 residents (12 children) in Virginia, and 62

residents (17 children) in California. The rights of State residency

appear to be granted in every case: equal vote, equal schooling, equal

privileges and equal use of facilities.

Vital statistics are maintained locally in all instances; the

local coroner investigates deaths on three reservations, on the fourth

such functions are performed by military authorities.

Notaries are available on the premises in two instances. Where

not on the premises they were available at a short distance.

Services of a United States commissioner are stated to be

required, and available, only at the San Francisco hospital.

Local police services are reported required in 2 instances, and

available in only 1 of these cases. It is desired that such services

be made available at Norfolk (exclusive jurisdiction, reports that

local police investigate thefts and remove disorderly persons from the

premises.

Fire protection is available locally on three premise; on the

fourth, military authorities provide such services.

Agency views.--The Department of Health, Education, and Welfare

indicates that prior to this study it had not formulated or expressed

its views on appropriate jurisdictional status for the areas it

occupies. For this and other reasons the practices of the subordinate

agencies of the Department have varied with respect to the

107

acquisition of legislative jurisdiction. The National Institutes of

Health and the Bureau of Medical Services, which manage approximately

nine-tenths of the Departments's land holdings have acquired exclusive

(or partial) jurisdiction over essentially all of their installations.

The practice of the other agencies has not been uniform. All agencies

seem to be reasonably satisfied with the jurisdictional status quo.

The Department recently has come to the view that a proprietorial

interest is most desirable for the large bulk of its properties, and

that a concurrent jurisdiction status is more desirable in a

relatively few of its institutions where special problems exist with

repeat to law enforcement.

ATOMIC ENERGY COMMISSION

Data from questionnaire A.--The Atomic Energy Commission operates

35 properties totaling 1,605,817.36 acres. These very in size from

half-acre laboratories to 430,248-acre testing stations. The

jurisdictional status of these properties is as follows:

* *

Date from questionnaire B.--The Atomic Energy Commission occupies

two properties in the State of California, and none in Virginia or

Kansas. The 2 installations cover approximately 34,905 acres, of

which 24,462 acres were withdrawn from the public domain, and 10,443

acres acquired land; 34,224 acres are held in a proprietorial interest

only, and 681 acres under partial jurisdictional status.

One of the installations (partial jurisdiction) has no residents,

another (proprietorial) 120, with 15 children of military personnel

and 18 of civilians. These persons were allowed equal vote, equal use

of State and local facilities, and equal privileges, and their

children were given equal schooling, wit persons domiciled in the

State.

Vital statistics were maintained by local authorities and

investigations of deaths occurring on the premises were undertaken by

the local coroner.

Notaries were available at 1 installation and were 24 miles

distant at the other.

The installation held in a proprietorial interest only reported

no need for a United States commissioner; the installation under

partial

108

legislative jurisdiction replied affirmatively to such need and

reported that a United States commissioner was available 40 miles from

the installation.

In the areas held in a proprietorial interest only, police

functions are performed by hired guards who have been deputized as

sheriffs by the local authorities. In the areas under partial

jurisdiction, police functions are performed by guards who are members

of the California State Highway Patrol. While the Commission

indicates that it does not feel it necessary that guards have such

local status, such status is customary policy with the University of

California, a State corporation which operates the installation. It

may be noted that the status apparently would give no authority to the

guards, beyond that possessed by citizens generally, with respect to

making arrests in this area.

In both instances, fire protection is Federal. The installation

which was situated nearer to local communities had verbal reciprocal

agreements with these communities.

Agency views.--The policy of the Atomic Energy Commission has

been to acquire no legislative jurisdiction. Indeed, in the case of

certain lands acquired from other Federal agencies which were subject

to the exclusive jurisdiction of the United States, the Commission has

sponsored legislation which allowed it to retrocede jurisdiction to

the States.

The Atomic Energy Commission has found that a proprietorial

interest only is entirely satisfactory for all categories of property

operated by that agency. For properties on which communities are

located the Commission considers that a proprietorial interest only

offers distinct advantages over other jurisdictional categories.

CENTRAL INTELLIGENCE AGENCY

Data from questionnaire A.--The Central Intelligence Agency

reports that it has two properties, both used for foreign radio

monitoring. These properties cover 579.3 acres of acquired land, all

of which are held in a simple proprietorial interest, although greater

jurisdiction could have been obtained under the applicable State laws.

Data from questionnaire B.--The Central Intelligence Agency

operates only 1 property located in the 3 selected States, that one

being in California. This is a foreign radio monitoring station on

483 acres of acquired land, all held under a proprietorial interest

only. A broader jurisdiction could have been accepted under the laws

of California.

109

The California station reports that, "We have not experienced

known disadvantage because of the application of State and local

building, fire and health regulations, or other State or local law.

Arrangements with local authorities and efficiency of administration

doubtless have been furthered by our compliance with local pattern."

There are no residents on the California property, hence no vital

statistics. Likewise, there has never been an occasion to use the

service of a coroner.

A notary public is not available; the nearest one is situated

about 8 miles away.

There is believed no need for the services of a United States

Commissioner in the administration of the premises.

Services of State police have not been needed, but it is

understood that they will be furnished if needed.

Fire protection is provided by the Central Intelligence Agency.

No reciprocal arrangements with nearby localities are reported.

Agency views.--The policy of the Central Intelligence Agency with

respect to the acquisition of legislative jurisdiction has been to

acquire no jurisdiction over any of its properties.

Since, in the view of the Agency, the status of proprietorial--

interest--only is not inconsistent with high security standards, it

favors a proprietorial interest status for all its properties.

FEDERAL COMMUNICATIONS COMMISSION

Data from questionnaire A.--The Federal Communications Commission

reports that it operates 12 properties having an area of 1,715.45

acres. All 12 properties are used as radio monitoring stations. Of

this acreage 87.27 is stated to be under the exclusive jurisdiction of

the United States, and the remaining 1,628.18 acres are under a simple

proprietorial interest only.

Data from questionnaire B.--For radio monitoring purposes, the

Commission holds 190 acres of acquired land in a proprietorial

interest in California. It also maintains 7,700 square feet of office

space in that State. In the State of Virginia it occupies 1,020

square feet of office space. It neither holds, supervises, nor uses

any land in Kansas.

The Commission feels that the proprietorial status of its

California lands is adequate for the purposes for which they are held.

It notes that no particular disadvantages, problems, or advantages

have arisen from the application of State or local laws.

There are no residents on the premises.

Should the occasion arise, a local coroner would investigate

deaths, and records of vital statistics would be kept by the local

authorities.

110

Notaries are available at only one of the California monitoring

stations.

Generally at the monitoring stations there is no need for the

services of a United States commissioner. However, at the various

district offices such services are occasionally necessary in

connection with enforcement matters.

Agency views.--Since 1940 it has been the policy of the

Commission not to obtain any measure of legislative jurisdiction over

its land acquisitions.

It is the view of the Commission a proprietorial interest only is

wholly sufficient for the performance of fall its Federal functions.

It is the view of the Commission a proprietorial interest only is

wholly sufficient for the performance of all its Federal functions.

GENERAL SERVICES ADMINISTRATION

Date from questionnaire A.--The General Services Administration,

as the manager of Federal buildings throughout the United States used

by various Federal agencies for various purposes, including

predominantly post offices and general office space, supervises a much

larger number of individual pro(3,9904) than any other agency of the

United States, more than a third (by number) of all properties owned

by the Federal Government. The use and description of the 3,904

properties reported by General Services Administration, including the

acreage and the jurisdictional status of the holdings are presented in

the following chart:

112

While the area GSA properties held in each jurisdictional status

is not specified in the GSA report, it is indicated that 3,616

properties (92.6 percent) are held in an exclusive jurisdiction

status, 32 properties (0.8 percent) in a concurrent jurisdictional

status, 243 (6.2 percent) in a partial jurisdiction status, and 13

(0.4 percent) in a proprietorial interest only status. By applying

these percentages across the board to the total areas of its

properties in each of the categories (buildings, urban land, and rural

land) reported by GSA the following results are obtained:

* * * * * * *

Data from questionnaire B.--The areas and jurisdictional statuses

of General Services Administration properties in the States of

Virginia, Kansas, and California, as to which reasonably detailed

information was furnished, are as indicated by the following table:

* * * * * * *

Individual General Services Administration installations in

California (29 in number), the legislative jurisdictional status of

which is known, whatever that jurisdictional status, without exception

indicate that a proprietorial interest status is the most desirable

for the installation involved. Individual installations in Virginia

(15 in number) the jurisdictional status of which is known, nearly all

being in an exclusive status, are approximately evenly divided on

whether that is the most desirable status, with half of the

installations favoring lessening the status to one under which the

State would be authorized and required to render police and fire

services. Individual installations in Kansas (6 in number) the

jurisdictional status of which is known, all but 1 recently acquired

property being in an

113

exclusive status, consider exclusive jurisdiction the most desirable

status.

Only one installation (Tecale, Calif.) indicated that there were

any residents on the area. This installation reported a total of 10

residents and no children. Although the installation is held under

exclusive jurisdiction, the report indicated that equal schooling was

available. It likewise disclosed that these residents were granted

equal privileges and equal use of facilities.

In a substantial majority of the cases, vital statistics are

taken and maintained by local authorities regardless of the status of

cases no occasion has arisen requiring services of a coroner. Only 3

reports show that a local coroner investigates deaths, in 1 instance

by contract with the installation, which had an exclusive jurisdiction

status.

Availability of notarial services was reported affirmatively in

20 instances and negatively in 30 cases. This question was not

answered in 16 reports. Where no notary was on the installation such

services were generally available within a short distance. In 13

cases these services were performed on areas under exclusive Federal

jurisdiction, notwithstanding the questionable validity of such

notarizations.

Services of a United States commissioner were required in only 4

instances and a negative report was received in 47 cases. In the four

cases requiring the services of a United States commissioner, such

services were available in the same building.

Twenty-seven installations reported a need for local police

services while 24 installations indicated no need for such services.

In none of the 27 reports indicating a need for local police services

was there any indication that such services were in fact rendered.

However, 6 installations reported that the local police were reluctant

to make arrests or to quell disturbances on the area, thus indicating

that services were rendered in part.

Whether or not local fire protection was rendered does not appear

to depend upon the jurisdictional status of the land in question.

This is substantiated by the fact that 50 installations, 26 of which

are held under exclusive Federal jurisdiction, reported that local

authorities furnished fire protection for the area. Only two

installations reported that such protection was rendered by the

Federal Government, and no report disclosed a reciprocal arrangement.

Agency views.--The apparent practice of General Services

Administration and its predecessor agencies with respect to the

acquisition of legislative jurisdiction was until about 1947 to obtain

exclusive jurisdiction over all properties acquired, without reference

to the

114

need of the Federal agencies which might occupy the property. The

practice subsequent to that time has not been made known to the

Committee but from the facts furnished the Committee it is surmised

that exclusive jurisdiction is almost uniformly required.

The General Services Administration did not in the first instance

express any agency opinion as to the desirability of any particular

measure of legislative jurisdiction. The opinion among regional

counsel, whose views were forwarded, was divided. Among those who had

little or no experience with any from of legislative jurisdiction

other than exclusive, the consensus was to maintain the status quo.

Among those who had substantial experience with lesser forms of

jurisdiction the consensus was in favor of concurrent jurisdiction or

a proprietorial interest only. Later, the General Services

Administration expressed the view that with amendment of existing

legislation so as to permit appointment of special police without

reference to jurisdictional status a proprietorial interest only would

be sufficient for its properties. In the absence of such amendment, a

concurrent legislative jurisdiction status would be desirable for

properties requiring special police service, and a proprietorial

interest for others.

HOUSING AND HOME FINANCE AGENCY

Date from questionnaire A.--The only subagency of the Housing and

Home Finance Agency which occupies, operates, or supervises properties

of a type to bring them within the cognizance of this Committee is the

Public Housing Administration. That Administration holds an estimated

17,205.28 acres (plus certain unascertained acreage) of federally

owned land, on which are located 403 projects, with approximately

121,879 housing units, of which are approximately 79,263 are occupied.

Some of these projects are located in part on leased lands, but the

leased land is not included in the mentioned acreage. In addition,

the Public Housing Administration is in charge of and operates housing

projects situated on land owned by the United States which is under

the supervision of other Government agencies, particularly the

Department of Defense. The jurisdictional status of nearly all of

this acreage is proprietorial.

Data from questionnaire B.--In the three States to which the

Committee's questionnaire B pertains (California, Kansas, and

Virginia) the Agency holds something over 7,708 acres of land,

principally under a proprietorial interest only status, on which are

located 74 housing projects.

In California, Kansas, and Virginia, a total of 42,685 children

are resident on land of the Agency; 16,263 of this total are children

of civilians, and 26,422 are children of military personnel.

115

No report is made of any practice by States or municipalities of

discrimination against residents of such of these properties as are

under a proprietorial jurisdictional status with respect to voting or

other rights and privileges generally accorded to State residents.

Some such discriminations are indicated as having been practiced, at

least in Kansas, with respect to residents of areas under the

exclusive legislative jurisdiction of the United States. It appears,

however, that in most instances land in Kansas and elsewhere utilized

for housing projects by the Agency, though formerly under the

exclusive legislative jurisdiction of the State (because of a

provision of the Lanham Act (42 U.S.C. 1547)). California, pursuant

to State judicial decisions, apparently permits the full exercise of

civil rights and privileges by residents of Federal housing projects.

All housing now held by the Agency in Virginia is in a proprietorial

interest only status and no question of denial of civil rights or

privileges arises.

Agency views.--In the view of the Housing and Home Finance Agency

there is no need for the acquisition of legislative jurisdiction over

Federal housing projects and the practice of the Agency has been to

acquire none.

INTERNATIONAL BOUNDARY AND WATER COMMISSION, UNITED STATES AND MEXICO

Data from questionnaire A.--The number of properties owned by the

United States and occupied, operated, or supervised by the

International Boundary and Water Commission is 7, comprising 99,284

acres. The jurisdictional status of these lands is reflected in the

following table:

* * * * * * *

Data from questionnaire B.--As the United States does not hold

title to land in Virginia, Kansas, or California under the supervision

of the Commission, there were no responses to questionnaire B Agency

views.--It is the opinion of the commissioner that there is no need

for Federal legislative jurisdiction with respect to the various

categories of Federal lands operated by the agency.

116

TENNESSEE VALLEY AUTHORITY

Data from questionnaire A.--The properties owned by the United

States and occupied, operated, or supervised by the Tennessee Valley

Authority number 487 aggregating 761,226 acres of land, plus 158,634

square feet of office space in 3 buildings. Nearly 98 percent of the

total acreage of Tennessee Valley Authority properties is accounted

for by 38 dam and reservoir sites, but substantial areas are utilized

for steam plants, transmission substations, radio stations and

microwave links, general offices, field headquarters, chemical plants,

phosphate mining, river terminate, tree crop nurseries, garages,

general service reservations, quarry sites and tributary watershed

erosion control.

The jurisdictional status of these lands is an indicated in the

table following:

* * * * * * *

Date from questionnaire B.--Of the three States to which

questionnaire B pertains, Tennessee Valley Authority has property in

only 1, Virginia, in which are located 4 installations consisting of

part of a reservoir, 2 transmission substations, and transmission

line, with a total area of 1,211 acres, all of which are in a

proprietorial--interest--only status.

The United States Forest Service gives fire protection to certain

of the premises, with additional such protection available from State

authorities. The other premises are given fire protection by a

neighboring municipality, on a reimbursable basis for any services

actually rendered.

Police services which may be required with respect to any of the

premises from time to time, and such other governmental services as

may be needed in the case of drowning in the reservoirs are furnished

by local authorities.

The premises have no residents, and only one employee, and have

no requirement for any governmental services other than those

mentioned. The Tennessee Valley Authority indicates that no problems

arise out of the fact that the United States has only a proprietorial

interest in these premises, with general legislative jurisdiction left

in the State, and it considers this jurisdictional status as best

suited tot he premises.

117

Agency views.--The Tennessee Valley Authority has policy of not

accepting legislative jurisdiction over lands acquired for its

purposes, and the United States holds such jurisdiction over only such

of Tennessee Valley Authority's property as was acquired from other

Federal agencies.

UNITED STATES INFORMATION AGENCY

Data from questionnaire A.--The United States Information Agency

holds five properties, all of which are used for radio transmitter

purposes. These properties total 5,229.5 acres, all held in a

proprietorial capacity by the United States. It is not stated whether

these lands were in the public domain or were acquired.

Data from questionnaire B.--The United States Information Agency

holds 2 properties in the State of California, each comprising 640

acres. These 1,280 acres of acquired land are held in a proprietorial

interest, and both are used for radio transmitters. No lands are held

by the agency in Kansas or Virginia.

These installations feel that a proprietorial status is best

suited for their purposes. They do not specify any reasons for this

belief, however. Local laws and regulations, they report, have

created neither disadvantages and problems nor advantages.

There are no residents on either of these properties. Notaries

are located within 1 and 5 miles of the 2 installations.

The services of a United States commissioner are not required.

Likewise there is no need for local police services.

Agency views.--In the view of the United States Information

Agency a proprietorial--interest--only status is most suitable for its

properties. Consequently, the practice of that agency has been to

acquire no legislative jurisdiction over the sites of its

installations.

VETERANS' ADMINISTRATION

Data from questionnaire A.--The properties owned by the United

States and occupied, operated, or supervised by the Veterans'

Administration number 176 installations, plus 14 vacant installation

sites, and are located in all 48 States. The areas occupied by these

units in the States vary in size from 3 acres to 2,367 acres, with an

average area of 230 acres, and a total area of 43,874 acres. The

numbers and total approximate areas of properties reported to be under

the several types of jurisdiction are indicated in the following

table:

118

* * * * * * * * * *

In addition, the Veterans' Administration reports occupancy of

one parcel, consisting of 24.04 acres, owned by the Departments of the

Army and Air Force, subject to exclusive jurisdiction, and 1 parcel,

consisting of 96.2 acres, which may be subject to either exclusive or

partial jurisdiction.

Data from questionnaire B.--The Veterans' Administration reported

3 properties in Virginia (totaling 687 acres), 3 in Kansas (totaling

1,117 acres), and 10 in California, including a vacant site of 208

acres (totaling 2,173 acres). These landholding constitute 5 percent

of the total holdings reported by the Veterans' Administration, and no

reason appears why they should not constitute a faire sample of all

Veterans' Administration properties. The following table summarizes

certain information concerning the properties in the 3 States. The

meanings of the letters following the jurisdictional designations are

explained in the matter following the table.

Location Area Jurisdiction

Virginia:

Kecoughtan

Richmond

Roanoke

Kansas:

Topeka:

2 tracts

2d tract

Wadsworth

Wichita

California:

Livermore

Los Angeles

Oakland

Fresno

Long Beach

Palo Alto

San Fernando

San Francisco

The letters in the last column of the table represent the several

types of jurisdiction as defined by the Committee: a=exclusive;

b=concurrent; c=partial; and d=proprietorial interest only. The

letter or letters before the first comma after each spelled-out

specification of jurisdiction in the table indicate the view of the

Assistant Administrator for Construction, Veterans' Administration,

ass to the character of the jurisdiction of the United States over the

piece of property involved; the letter or letters between the first

two commas indicate the view of the manager of the establishment as to

the jurisdiction had over the property; the next letter or set of

letters indicates

119

the view of the General Counsel of the Veterans' Administration; and

the last letter or set of letters indicates the view of the Committee

staff. Of considerable significance is deemed the fact that in only 6

of the 14 cases analyzed did all 4 parties agree on the character of

the jurisdiction held by the United States.

The establishment managers expressed nearly 100 percent

satisfaction with the jurisdictional status had by the establishments

under their supervision, whatever that status might be. In one

instance only did the manager of an establishment suggest the

desirability of a change in its status, from exclusive to concurrent

jurisdiction.

The 14 reported installations each have from 14 to 676 more or

less permanent residents. The total is 2,2337 of whom 175 are

children of school age. In addition, of course, there are many

thousands of persons on these installations as patients and similar

inhabitants.

It is indicated by the returns that at 11 of the installations

the permanent residents are permitted to vote in State elections on

the basis of their residence on the installation involved, whatever

the jurisdictional status of such installation may be. This privilege

is denied to residents of only three installations.

With respect to every installation it is indicated that children

are accepted at local public schools on the same basis as State

residents, and in only one case is it indicated that the school

district involved receives Federal assistance (W) and in one case that

the children are given Federal transportation to the school

(Livermore).

In all but two instances it is reported that residents of the

federal areas receive equal use of State and local governmental

facilities and equal privileges with persons domiciled in the State

involved. In the two instances which are exceptions it is indicated

in one (Kecoughtan) simply that residents have access to governmental

facilities furnished by local and State governments but are not

granted other privileges usually accorded only to persons domiciled in

the State, such discriminations in practice have not been applied

against residents of the Federal installation involved, although doubt

is expressed as to whether a discrimination might not applied in

certain instances.

In every instance agencies of the appropriate city, county, or

State, maintain vital statistics for the Veterans' Administration

installations which reported to the Committee. In all but three cases

the local coroner investigates deaths occurring on the premises under

unknown circumstances; in only one of such cases the FBI investigates

(Los Angeles), in another case the circumstances are made known to the

coroner and there apparently exists complete cooperation be-

120

tween him and the installation authorities, although he has not

conducted a personal investigation in many years (Kecoughtan), and in

the third case no explanation is given beyond the fact that the local

coroner does not conduct investigations in connection with such

deaths.

In all but two cases services of a State notary are available on

the premises, frequently furnished by an employee of the Veterans'

Administration.

In three instances where the United States has exclusive

jurisdiction with respect to punishment for crimes (Palo Alto, San

Fernando, and San Francisco), the manager indicated that there was no

requirement for the services of a United States commissioner in the

administration of the premises. This may be explained by the fact

that in these 3 instances, and in 6 others, services are rendered to

the premises by local police, who presumably utilize the local system

of judicial administration in processing offenders against the laws.

Another explanation may lie in the sometimes considerable distance of

installations from the nearest commissioner, who may be as for as 35

miles away (Livermore). In 1 of the only 5 cases in which local

police do not render services (Roanke) the manager suggests the

advisability of a change in the status of his installation from

exclusive to concurrent jurisdiction.

In 9 of the 14 reporting cases the Federal Government maintains

fire-fighting equipment, but in each instance such equipment

apparently is inadequate to cover all possible emergencies, since in

each instance arrangements have been made on a reciprocal or other

basis for assistance from local municipal or other fire-fighting

equipment. In the five other cases fire-fighting protection is

furnished only by equipment of the local municipality.

Agency views.--The policy of the Veterans' Administration with

respect to the acquisition of legislative jurisdiction has for many

years been to acquire exclusive jurisdiction where possible, except as

to office buildings and some other types of buildings located in

cities.

It was the consensus of the Administration that exclusive Federal

legislative jurisdiction except as to some urban buildings in general

best suits the requirements of the Veterans' Administration, although

in some specific instances certain rights should be had by the States

on a concurrent basis.

MISCELLANEOUS AGENCIES

Various agencies have reported to the Interdepartmental Committee

that their landholding, if any, either were insubstantial or were

administered or controlled by other Government agencies. Accordingly,

report from these agencies are summarized together.

121

The following agencies reported that they administered or

controlled no real estate within the purview of the study:

(a) Arlington Memorial Amphitheater Commission.

(b) National Capital Planning Commission.

(d) Office of Defense Mobilization.

(e) Farm Credit Administration, including Government-owned

corporate units thereunder.

The following agencies reported that they occupied some

property, generally office space, which was controlled and

administered by other agencies. These latter agencies have presumably

included the amounts thereof in their reports:

(a) Department of Labor.

(b) Railroad Retirement Board.

(d) Department of State.

(e) Federal Power Commission.

(f) Civil Aeronautics Board.

(g) Small Business Administration.

(h) Post Office Department.

The following agency reported relatively small landholding for

which it is charged with the responsibilities of control and

administration:

National Advisory Committee for Aeronautics. The extent of and

types of jurisdiction relative to holdings of NACA can be summarized

as follow:

Jurisdiction Number of Area

properties

Exclusive......

Concurrent.....

Partial........

Proprietorial..

[1] Includes 67.77 acres held by permit from Department of the Navy.

[2] Includes 200 acres held by permit from Department of the Air Force.

In addition NACA occupies 16,000 square feet of space on lease from

the Department of Defense (Air Force), for which no jurisdictional

status was specified. The agency holds 8,869 acres in Virginia under

concurrent jurisdiction, 3,937 acres in California under exclusive

jurisdiction, and no acreage in Kansas.

The agencies listed in the immediately preceding paragraphs which

occupied property were unanimous in stating that no difficulties had

arisen with respect to the jurisdictional status under which they held

their properties. Accordingly, no agency considered itself in a posi-

122

tion to comment upon the desirability of one type of Federal

jurisdiction rather than another.

The St. Lawrence Seaway Corporation, in an interim reply to the

Committee, reported that the land acquisition program on behalf of the

Corporation had been completed and that the Corporation itself was not

as yet operating any works upon the St. Lawrence River. The reply

further stated that while the officers and staff of that agency had

been discussing for some time the various problems which might arise

in connection with security, search, and seizure on the St. Lawrence

River within the boundaries of the seaway, police jurisdiction along

the locks and canals of the seaway, and similar problems, the

Corporation had not as yet arrived at a policy determination with

respect to these matters.

Tables I, II, and III, which follow, summarize some of the

information obtained from the agencies through questionnaires A and B.

Table I contains information as to the amount of real properly held

countrywide by Federal agencies and its legislative jurisdictional

status. Table II contains similar information with respect to Federal

real property located in the States of Virginia, Kansas, and

California. Table III reports the number of residents (other than

persons in the military service and inmates of institutions) and the

number of children living on installations of the various Federal

agencies in the three States concerning which information was sought.

123

124

APPENDIX B

PART A. STATE CONSTITUTIONAL PROVISIONS AND STATUTES OF

GENERAL EFFECT RELATING TO THE ACQUISITION OF

LEGISLATIVE JURISDICTION BY THE UNITED STATES

ALABAMA

The Code of Alabama (adopted by act of the Legislature of

Alabama, approved July 2, 1940) title 59, sections--

Sec. 1. (3147) (626) (19) (19) (22) (24) The United States may

acquire lands.--The United States may acquire and hold lands within

the limits of this state, for forts, magazines, arsenals, dockyards,

and other needful buildings, or either of them, as contemplated and

provided by the constitution of the United States, which purchase may

be made by contract with the owners, or as hereinafter provided. In

like manner the United States may acquire and hold lands, rights of

way, and material needed in maintaining, operating, or prosecuting

works for the improvement of rivers and harbors within this state.

Sec.3. (3162) (2428) (629) (22) (22) Cession of sites covered by

navigable waters.--Whenever the United States desires to acquire title

to land belonging to land belonging to this state, and covered by the

navigable water of the United States, and within the limits of this

state, for the site of a lighthouse, beacon, or other aid to

navigation, and applications made therefor by a duly authorized agent

of the United States, describing the site required for one of the

purpose aforesaid, then the governor of the state may convey the title

to the United States, and may also cede to the United States such

jurisdiction over the same as may be necessary for the purposes of the

United States; and upon like application the governor may convey to

the United States the title to any land belonging to this state and

covered by the navigable waters of the United States upon which any

lighthouse or other aid to navigation has heretofore been erected, and

may also cede to the United States such jurisdiction over the same as

may be necessary for the purpose of the United States; but no single

tract shall contain more than ten acres.

Sec. 18 (3161) (628) (21) (21) (24) (23) Governor to cede

jurisdiction; restriction.--The governor, upon application made to

(127)

128

him in writing on behalf of the United States for that purpose,

accompanied by the proper evidence of title in the United States,

describing the lands, is authorized on the part of the state by patent

to be recorded in the office of the secretary of state to cede to the

United States such jurisdiction as he may deem wise over such lands,

to hold, to use, and occupy the same for the purpose of the cession,

and none other.

Sec. 19. (3166) Jurisdiction of United States over ceded lands.--

The jurisdiction heretofore ceded to the United States over any lands

acquired by it within the State of Alabama, with the consent of the

state, shall be subject to such reservations, restrictions, and

conditions as provided in the act or instrument of cession relating to

such acquisition; and shall be subject to the exercise by the state of

such jurisdiction, rights, privileges, or power as may now or

hereafter be ceded by the United States to the state. The jurisdiction

ceded to the United States over any lands hereafter acquired by it

within the state of alabama, with the consent of the state, pursuant

to the provisions of this title or any other law of the state, unless

otherwise expressly provided in the act or any other law of the state,

unless otherwise expressly provided in the act or instrument of

cession, shall be subject to the following reservations, or

conditions. The jurisdiction so ceded shall not prevent the execution

upon such lands of any process, civil or criminal, issued under the

authority of this state, except as such process might affect the

property of the United States thereon. The state expressly reserves

the right to tax all persons, firms, corporations, or associations now

or hereafter residing or located upon such lands. The state expressly

reserves the right to tax the exercise by any person, firm,

corporation, or association situated upon such lands. The

jurisdiction ceded to the United States shall be for the purposes of

the cession, and none other; and shall continue during the time the

United States shall be or remain the owner thereof and shall use such

lands for the purpose of the cession. The state expressly reserves the

right to exercise over or upon any such lands any and all rights,

privileges, powers, or jurisdiction which may now or hereafter be

released or receded by the United States to the state.

ARIZONA

The act of March 27, 1951, codified as sections 11-603, and 11-

604 of the 1952 Cumulative Supplement to the Arizona Code Annotated,

1939:

(House Bill No. 264)

An act Granting the consent of the State of Arizona to the acquisition

by the United States of land in this for public purposes, and ceding

jurisdiction over such land and over land reserved from the public

domain in this State for military purposes

129

Be it enacted by the Legislature of the State of Arizona:

SECTION 1. The consent of the State of Arizona is hereby given,

in accordance with the seventeenth clause, eighth section of the first

article of the Constitution of the United States, to the acquisition

by the United States required for the erection of forts, magazines,

arsenals, dockyards, and other needful buildings, or for any other

military installations of the government of the United States.

SEC. 2 Exclusive jurisdiction over any land in this State so

acquired for any of the purposes aforesaid, and over any public domain

land in this state, now or in the future reserved or used for military

purposes, is hereby ceded to the United States; but the jurisdiction

so ceded shall continue no longer than the said United States shall

own or lease such acquired land, or shall continue to reserve or use

such public domain land for military purposes.

SEC. 3. As to any land over which exclusive jurisdiction is

herein ceded, the State of Arizona retains concurrent jurisdiction

with the United States, so far, that all process, civil or criminal,

issuing under the authority of this State or any of the courts or

judicial officers thereof, may be executed by the proper officers of

the state, upon any person amenable to the same within the limits of

such land, in like manner and like effect as if no such cession had

taken place.

SEC. 4. All laws and parts of law in conflict with any of the

provisions hereof are hereby repealed.

SEC. 5. EMERGENCY. To preserve the public peace, health, and

safety, it is necessary that this Act become immediately operative. It

is therefore declared to be an emergency measure, to take effect as

provided by law.

Approved by the GOVERNOR--March 27, 1951.

Filed in the Office of the Secretary of State--March 27. 1951.

ARKANSAS

Arkansas Statutes, 1947, title 10, chapter 11, section--

10-1101. Consent to purchase of real property by United States--

Cession of jurisdiction.--The state of Arkansas hereby consents to the

purchase to be made or heretofore made, by the United States, of any

site or ground for the erection of any armory, arsenal, fort,

fortification, navy yard, customhouse, lighthouse, lock, dam, fish

hatcheries, or other public buildings of any kind whatever, and the

jurisdiction of this States, within and over all grounds thus

purchased by the United States, within the limits of this State, is

hereby ceded to the United States.

130

Provided, that this grant of jurisdiction shall not prevent

execution of any process of this State, civil or criminal, upon any

person who thereof. [Act Apr. 29, 1903, No. 180, Sec. 2, p. 346; C.&

M. Dig., Sec. 4565; Pope's Dig., Sec. 5645.]

10-1102. Relinquishment of right to tax.--This State releases and

relinquishes her right to tax any such site, grounds or real estate,

and all improvements which may be thereon or hereafter erected

thereon, during the time the United States shall be and remain the

owner thereof. [Act Apr. 29, 1903, No. 180, Sec. 2, p. 246; C. & M.

Dig., Sec. 4565; Pipe's Dig., Sec. 5645.]

10-1103. Consent to acquisition by United States of land for

river improvements, canals and hydroelectric plants--Cession of

jurisdiction.--The consent of the State of Arkansas is given to the

acquisition by the United States by purchase or condemnation with just

compensation or by grant or otherwise, of such lands in the State of

Arkansas as in the opinion of the federal government may be needed for

the construction of dams, reservoirs, floodway,locks, canals,

hydroelectric power plants, channel improvements, channel diversions,

and for such other works as may be necessary for the control of

floods, the development of hydroelectric power, the irrigation of

lands, the conservation of the soil, recreation, and other beneficial

water uses, and the jurisdiction of this state within and over all

grounds thus acquired by the United States. Provided, that this grant

of jurisdiction shall not prevent execution of any processes of this

State, civil or criminal, on any person who may be on said premises.

[Acts 1939, No. 327, Sec. 1, p,857.]

10-1104 Lands purchased for national cemeteries.--Cession of

jurisdiction.--The jurisdiction of this State within and over all

lands purchased by the United States on which national cemeteries may

be established within the limits of this State is hereby ceded to the

United States, so far as the permanent enclosures of such national

cemeteries may extend and no further. [Act Feb. 21, 1867, No. 60,

Sec. 1, p. 153; C. & M. Dig., Sec. 4553; Pope's Dig., Sec. 5633.]

10-1107 Congressional authority with respect to fish and game

regulations in national forests--Enforcement.--The consent of the

State of Arkansas is given to the making by Congress of the United

States or under its authority,of al such rules and regulations as the

federal government may determine to be needful in respect to game

animals, game an non-game birds and dish on or in and over national

forest lands within the State of Arkansas, Provided however, that all

such rules and regulations must be approved by the Game and fish

Commission before such rules and regulations can be enforced. The

131

authority to enforce such concurrent rules and regulations is hereby

extended jointly to the federal government and to the Game and Fish

Commission. [Acts 1925, No. 230, Sec. 675; Pope's Dig., Subsec. 5648,

6000; Acts No. 272, Sec. 1, p, 711.]

CALIFORNIA

Constitution of the State of California, article XIV, section--

Sec. 4. Water Rights of Government Agencies.

Whenever any agency of government, local, state, or federal,

hereafter acquires any interest in real property in this State, the

acceptance of the interest shall constitute an agreement by the agency

to conform to the laws of California as to the acquisition, control,

use, and distribution of water with respect to the land so acquired.

[New section added November 2, 1954.]

Deerings's California Codes, Government Code, title I, division

1, chapter 1, sections--

Sec. 125. Coded jurisdiction limited by retrocession. All

jurisdiction ceded tot he United States by this articles limited by

the terms of any retrocession of jurisdiction heretofore or hereafter

granted by the United States and accepted by the State.

Sec. 126. Consent to acquisition of land by United States;

Conditions; "Acquisition"; Application of section. Notwithstanding

any other provision of law, general or special, the Legislature of

California consents to the acquisition by the United States of land

within this State upon and subject to each and all of the following

express conditions and reservations, in addition to any other

conditions or reservations prescribed by law:

(a) The acquisition must be for the erection of forts,

magazines, arsenals, dockyards, and other needful buildings, or other

public purpose within the purview of clause 17 of Section 8 of Article

I of the Constitution of the United States, or for the establishment

consolidation and extension of national forests under the provisions

of the act of Congress approved March 1, 1911, (36 Stat. 961) known as

the "Weeks Act";

(b) The acquisition must be pursuant to and in compliance with

the laws of the United States;

acceptance of jurisdiction over the land upon and subject to each and

all of the conditions and reservations in this section and in Section

4 of Article XIV of the Constitution prescribed;

(d) The conditions prescribed in subdivisions (a), (b), and (c)

of this section must have been found and declared to have occurred and

to exist, by the State Lands Commission, and the commission

132

must have found and declared that such acquisition is in the interest

of the State, certified copies of its orders or resolutions making

such findings and declarations to be filed in the Office of the

Secretary of State and recorded in the office of the county recorded

of each county in which any part of the land is situate;

(e) In granting this consent, the Legislature and the State

reserve jurisdiction on and over the land for the execution of civil

process and criminal process in all cases, and the State's entire

power of taxation including that of each state agency, county, city,

city and county political subdivision or public district of or in the

State; and reserve to all persons residing on such land all civil and

political rights, including the right of suffrage, which they might

have were this consent not given.

(f) This consent contain use only so long as the land continues

to belong to the United States and is held by it in accordance and in

compliance with each and all of the conditions and reservations in

this section prescribed.

(g) Acquisition as used in this section means: (1) lands

acquired in fee by purchase or condemnation, (2) lands owned by the

United States that are included in the military reservation by

presidential proclamation or act of Congress, and (3) leaseholds

acquired by the United States over private lands or state-owned lands.

(h) In granting this consent, the Legislature and the State

reserve jurisdiction over the land, water and use of water with full

power to control and regulate the acquisition, use, control and

distribution of water with respect to the land acquired.

The finding and declaration of the State Lands Commission

provided for in subdivision (d) of this section shall be published

once in a newspaper of general circulation in each county in which the

land or any part thereof is situated and a copy of such notice shall

be personally served upon the clerk of the board of supervisors of

each such county. The State Lands Commission shall make rules and

regulations governing the conditions and procedure of such hearings,

which shall provide that the cost of publication and service of notice

and all other expenses incurred by the commission shall be borne by

the United States.

The provisions of this section do not apply to any land or water

areas heretofore or hereafter acquired by the United States for

migratory bird reservations i accordance with the provisions of

sections 375 to 380, inclusive, of the Fish and Game Code. [Amended by

Stats. 1953, ch. 1856, Sec. 1; Stats. 1955, ch. 649, Sec. 1.]

133

Sec. 127. Same; Index; Degree of United States jurisdiction.--In

addition to other records maintained by the State Lands Commission,

the commission shall prepare and maintain an adequate index of record

of documents with description of the lands over which the United

States acquired jurisdiction pursuant to Section 126 of this code or

pursuant to any prior state law. Said index shall record the degree

of jurisdiction obtained by the United States for each acquisition.

Government Code, title 3, division 2, part 2, chapter 5, article

4, sections--

Sec. 25420. Acquisition and conveyance of lands to United States

for military purposes.--Pursuant tot his article, the board of

supervisors may acquire and convey lands to the United States for use

for any military purposes authorized by any law of the United States,

including permanent mobilization, training, and supply stations.

Sec. 25421. Determination of desirability of incurring

indebtedness. Whenever the Secretary of War agrees on behalf of the

United States to establish in any county a permanent mobilization,

training, and supply station for any military purposes authorized by

any law of the United States, on condition that land aggregating

approximately a designated number of acres at such location or

locations within the county as he from time to time selects or

approves be conveyed to the United States with the consent of the

State in consideration of the benefits to be derived by the county

from the use of the lands by the United States for such purpose, the

board may determine that it is desirable and for the general welfare

and benefit of the people of the county and for the interest of the

county to incur an indebtedness in an amount sufficient to acquire

land in the county for such purposes.

Sec. 25432. Consent of Legislature. Pursuant to the

Constitution and laws of the United States, and especially to

paragraph 17 of Section 8 of Article 1 of such Constitution, the

consent of the Legislature is given to the United States to acquire

upon the conditions and for the purposes set forth in this article,

from any county acting under this article, title to all lands referred

to in this article.

Sec. 25433. Evidence of title: Consent to exclusive legislation

by Congress: Conditions subsequent. The title shall be evidenced by

a deed or deeds of the county, signed by the chairman of its board of

supervisors and attested by the clerk of the county under seal, and

the consent of the State is given to the exercise by Congress of

exclusive legislation in all cases over any tracks or parcels of land

conveyed to it pursuant to this article. The board may insert in

every conveyance made pursuant to this article such condition

subsequent as it deems necessary to insure the use of the land by the

United States for the purposes mentioned in and to carry out the

provisions of this article.

134

Government Code, title 5, division 1, part 1, chapter 2, article

3, sections--

Sec. 50360. Conveyance of land to United States for federal

purposes: Acquisition of land. The legislative body of a local

agency may convey land which it owns within its boundaries to the

United States to be used for federal purposes and may acquire land for

this purposes pursuant to this article.

Sec. 50362. Conveyance of land for use by War or Navy Department

or as customs and immigration offices: Expenditure from general fund

to acquire or improve land. By a four-fifths vote the legislative

body of a local agency may convey land which it owns within the State

to the United States for use by the War Department, the Navy

Department, or as customs and immigration offices and may expend money

from the general fund to acquire such land or to improve the land it

owns or has acquired and desires to convey to the United States.

Sec. 50367. Consent of Legislature given to United States to

acquire land. The consent of the Legislature is given to the United

States to acquire land upon the conditions and for the purposes set

forth in this article.

Sec. 50370. Exclusive jurisdiction ceded to United States:

Concurrent jurisdiction reserved for certain purposes. The

Legislature cedes to the United States exclusive jurisdiction over

land conveyed pursuant to this article, reserving concurrent

jurisdiction with the United States for the execution of all civil and

criminal process, issued under authority of the State as if a

conveyance had not been made.

Public Resources Code, division 6, part 4, chapter 1, section--

Sec. 8301. Authority to convey tract for site of lighthouse,

beacon or other navigation aid: Jurisdiction over tract after

conveyance. The Governor, on application therefor by a duty authorize

agent, may convey to the United States any tract of land not exceeding

10 acres, belonging to the State and covered by navigable waters, for

the site of a lighthouse, beacon, or other aid to navigation. After

conveyance, the United States shall have jurisdiction over the tract,

subject to the right of the State to have concurrent jurisdiction so

far that all process, civil or criminal, issued under authority of the

State may be executed by the proper officers thereof within the tract,

upon any person amendable thereto, in like manner and with like effect

as if the conveyance had not been made.

Division 6, part 4, chapter 3, section--

Sec. 8401, Authority to grant, transfer and convey property. The

boards of supervisors of the several counties may grant, transfer and

convey without consideration, any real property or interest therein

135

now owned or hereafter acquired by any county, to the United States to

be used for national park purposes.

Deering's General Laws of the State of California, volume III,

page 3393:

Act 8835. Validation of Grants to United States for Military or

Naval Purposes. [Stats. 1943, ch. 598.]

AN ACT Validating grants by municipal corporations or any State

agency to the United States of America for military or naval purposes.

Sec. 1. Grants of property of municipal corporation ratified.

Sec. 2. Grants by State agency ratified.

Sec. 1. Grants of property of municipal corporation ratified.

Every grant, including lease, to the United States of America for

military or naval uses, of property of any municipal corporation

heretofore made by any legislative body thereof, whether with or

without consideration and whether or not previous authority for such

grant or lease existed, hereby is ratified and validated; provided,

that such grant or lease contains a reservation to the State of

deposits of oil and gas and other hydrocarbon and mineral deposits and

of right of way for access to all such deposits as prescribed in

Section 6402 of the Public Resources Code, except in the case where

any such lands have been granted to such municipal corporation without

reserving such deposits to the States.

Sec. 2. Grants by State agency ratified. Every grant and lease

of real property of the State executed by any State agency to the

United States of America for military or naval purposes, is hereby

ratified and validated if it was approved by the Governor and if it

reserved to the State the mineral deposits and right of way as

described in Section 1 hereof.

Gen. Laws 107.

COLORADO

Colorado Revised Statutes 1953, chapter 142, article I, sections--

142-1-1. Consent to acquisition of lands by United States.--The

consent of this state is hereby given to the purchase by the United

States of such ground in the city of Denver, or any other city or

incorporated town in this state, as its authorities may select, for

the accommodation of the United States circuit and district courts,

post offices, land offices, mints, or other government offices in said

cities or incorporated towns, and also to the purchase by the United

States of such other lands within this state as its authorities may

from time to time select for the erection of forts, magazines,

arsenals and other needful buildings.

142-1-2. Consent to condemn land--when notice required.--The

consent of the state of Colorado is hereby given, in accordance with

the seventeenth clause, eighth section of the first article of the

constitution of the United States, to the acquisition by the United

States, by pur-

136

chase, condemnation or otherwise, of any land in this state required

for customhouses, courthouses, post offices, arsenals, or other

buildings whatever, or for any other proper purpose of the United

States government. Before any privately owned land in this state is

acquired for any purpose other than for customhouses, courthouses,

post offices, arsenals, or other governmental buildings, the United

States shall give written notice of intention to acquire such land to

the board of county commissioners of the county wherein such land is

situated and to the Colorado tax commission, which notice shall be

given at least thirty days prior to the date of such intended

acquisition.

142-1-3. Jurisdiction of United States over land.--Exclusive

jurisdiction in and over any land so acquired by the United States

shall be and the same is hereby ceded to the United States for all

purposes, except the service of all civil and criminal process of the

courts of this state; but the jurisdiction so ceded shall continue no

longer than the said United States shall own such land.

142-1-4. When jurisdiction vests--tax exemption.--The

jurisdiction shall not vest until the United States shall have

acquired the title to the said lands by purchase, condemnation or

otherwise; and so long as the said lands shall remain the property of

the said United States when acquired and no longer, the same shall be

and continue exempt and exonerated from all state, county and

municipal taxation, assessment or other charges which may be levied or

imposed under the authority of this state.

CONNECTICUT

The General Statutes of Connecticut, Revision of 1949, title II,

chapter 7, section--

130. Sites for beacon lights and other buildings. The treasurer

is authorized to execute on behalf of the state and deliver, with the

approval of the governor, to the United States of America, a deed of

any parcel of land belonging to the state, for the purpose of the

erection and maintenance thereon of beacon lights and other buildings

and apparatus to be used in aid of navigation. Any such deed shall

contain a provision that if such lights, buildings and apparatus are

not erected thereon within five years from the date of such deed, or

if the government of the United States of America abandons the use of

such land for such purposes, title to such land shall revert to the

state. Jurisdiction of the state over any land deeded to the United

States under the provisions of this section shall be ceded to the

United States, provided the state shall retain concurrent jurisdiction

with the United

137

States, for the sole purpose of serving and executing thereon civil

and criminal process issued under any provision of the statutes.

Title LVII, chapter 360, section--

7172. United States; ceding jurisdiction to. The consent of the

state off Connecticut is given, in accordance with the seventeenth

clause, eighth section, of the first article of the constitution of

the United States, to the acquisition by the United States, by

purchase, condemnation or otherwise, of any land in this state

required for customhouses, courthouses, post offices, arsenals or

other public buildings or for any other purposes of the government.

Exclusive jurisdiction in and over any land so acquired by the United

States is ceded to the United States for all purposes except the

service of all civil and criminal process of the courts of this state;

but the jurisdiction so ceded shall continue no longer than the United

States shall own such land. The jurisdiction ceded shall not vest

until the United States shall have acquired the title to such lands by

purchase, condemnation or otherwise; and, so long as such lands shall

remain the property of the United States when acquired as aforesaid,

the same shall be exempt from all state, county and municipal

taxation, assessment or other charges.

DELAWARE

Delaware Code Annotated, Title 29, Chapter I, Section--

Sec. 101. Territorial limitation.--The jurisdiction and

sovereignty of the State extend to all places within the boundaries

thereof, subject only to the rights of concurrent jurisdiction as have

been granted to the State of New Jersey or have been or may be granted

over any places ceded by this State to the United States.

Sec. 102. Consent to purchase of land by the United States.--The

consent of the Legislature of Delaware is given to the purchase by the

Government of the United States, or under authority of such

government, of any tract, piece or parcel of land, not exceeding ten

acres in any one place or locality, for the purpose of erecting

thereon lighthouses and other needful public buildings whatsoever, and

of any tract, piece or parcel of land, not exceeding 100 acres in any

one place or locality, for the purpose of erecting thereon forts,

magazines, arsenals, dockyards and other needful buildings, from any

individuals, bodies politic or corporate, within the boundaries or

limits of the State; and all deeds, conveyances, or title papers for

the same shall be recorded as in other cases upon the land records of

the county in which the land so conveyed may be situated; and in like

manner may be recorded a sufficient description, by metes and bounds,

courses and distances, of any tracts or legal divisions of any public

land

138

belonging to the United States, which may be set apart by the general

government for any or either of the purposes before mentioned, by an

order, patent, or other official document or papers so describing such

land. The consent herein given is in accordance with the eighteenth

clause of the eighth section of the First Article of the Constitution

of the United States,, and with the Acts of Congress in such cases

made and provided.

Sec. 103. Cession of lands to the United States; taxation;

reverter to State.--(a) Whenever the United States shall desire to

acquire a title to land of any kind belonging to this State, whether

covered by the navigable waters within its limits or otherwise, for

the site of any light-house, beacon, life-saving station, or other aid

to navigation, and application is made by a duly authorized agent of

the United States, describing the site or sites required therefor, the

Governor may convey the site to the United States, and cede to the

United States jurisdiction over the site. No single tract desired for

any light-house, beacon, or other aid to navigation shall contain more

than ten acres, or for any life-saving station more than one acre.

(b) All the lands, rights and privileges which may be ceded

under subsection (a) of this section, and all the buildings,

structures, improvements, and property of every kind erected and

placed on such lands by the United States shall be exempt from

taxation so long as the same shall be used for the purposes mentioned

in subsection (a) of this section.

(a) of this section, shall escheat and revert to the State, unless the

construction thereon of the light-house, beacon, life-saving station

or other aid to navigation, for which it is ceded, shall be commenced

within two years after the conveyance is made, and shall be completed

within ten years thereafter.

Sec. 104. Execution of process on ceded territory. The

sovereignty and jurisdiction of this State shall extend over any lands

acquired by the United States under the provisions of sections 101-

103 of this title, to the extent that all civil and criminal process

issued under authority of any law of this State may be executed in any

part of the premises so acquired, or the buildings or structures

thereon erected.

FLORIDA

Florida Statutes Annotated, title II, chapter 6, sections--

6.02 United States authorized to acquire lands for certain

purposes.--The United States may purchase, acquire, hold, own, occupy

and possess such lands within the limits of this state as they shall

seek to occupy and hold as sites on which to erect and maintain forts,

139

magazines, arsenals, dockyards, and other needful buildings, or any of

them, as contemplated and provided in the Constitution of the United

States; such land to be acquired either by contract with owners, or in

the manner hereinafter provided.

6.03 Condemnation of land when price not agreed upon.--If the

officer or other agent employed by the United States to make such

purchase and the owner of the land contemplated to be purchased, as

aforesaid, cannot agree for the sale and purchase thereof, the same

may be acquired by the United States by condemnation in the same

manner as is hereinafter provided for condemnation of lands for other

public purposes, and any officer or agent authorized by the United

States may institute and conduct such proceedings in their behalf.

6.04 Jurisdiction over such lands, how ceded to the United

States.--Whenever the United States shall contract for, purchase or

acquire any land within the limits of this state for the purposes

aforesaid, in either of the modes above mentioned and provided, or

shall hold for such purposes lands heretofore lawfully acquired or

reserved therefor, and shall desire to acquire constitutional

jurisdiction over such lands for said purposes, the governor of this

state may, upon application made to him in writing on behalf of the

United States for that purpose, accompanied by the proper evidence of

said reservation, purchase, contract or acquisition of record,

describing the land sought to be ceded by convenient metes and bounds,

thereupon, in the name and on behalf of this state, cede to the United

States exclusive jurisdiction over the land so reserved, purchased or

acquired and sought to be ceded; the United States to hold, use,

occupy, own, possess and exercise said jurisdiction over the same for

the purposes aforesaid, and none other whatsoever; provided, always,

that the consent aforesaid is hereby given and the cession aforesaid

is to be granted and made as aforesaid, upon the express condition

that this state shall retain a concurrent jurisdiction with the United

States in and over the land or lands so to be ceded, and every portion

thereof, so far that all process, civil or criminal, issuing under

authority of this state, or of any of the courts or judicial officers

thereof may be executed by the proper officers thereof, upon any

person amenable to the same, within the limits and extent of lands so

ceded, in like manner and to like effect as if this law had never been

passed; saving, however, to the United States security to the property

within said limits and extent, and exemption of the same, and of said

lands from any taxation under the authority of this state while the

same shall continue to be owned, held, used and occupied by the United

States for the purposes above expressed and intended, and not

otherwise.

140

6.05 Transfer of title to and jurisdiction over land owned by

state.--Whenever a tract of land containing not more than four acres

shall be selected by an authorized officer or agent of the United

States for the bona fide purpose of erecting thereon a lighthouse,

beacon, marine hospital or other public work, and the title to the

said land shall be held by the state, then on application by the said

officer or agent to the governor of this state, the said executive may

transfer to the United States the title to, and jurisdiction over,

said land; provided, always that the said transfer of title and

jurisdiction is to be granted and made, as aforesaid, upon the express

condition that this state shall retain a concurrent jurisdiction with

the United States, in and over the lands so to be transferred, and

every portion thereof, so far that all process, civil or criminal,

issuing under authority of this state or any of the courts or judicial

officers thereof, may be executed by the proper officer thereof, upon

any person amenable to the same, within the limits and extent of the

lands so ceded, in like manner and to like effect as if this law had

never been passed; saving, however, to the United States, security to

their property within said limits or extent. The said lands shall

hereafter remain the property of the United States and be exempt from

taxation as long as they be needed for said purposes.

Title VI, chapter 46, section--

46.12 Military, naval or other service as residence.--Any person

in any branch of service of the government of the United States,

including military and naval service, and the husband or the wife of

any such person, if he or she be living within the borders of the

State of Florida, shall be deemed prima facie to be a resident of the

State of Florida for the purpose of maintaining any suit in chancery

or action at law. Laws 1943, c. 21966, Sec. 1.

GEORGIA

Constitution of the State of Georgia of 1945, article VI, section

XIV, chapter 2-49--

2-4901. (6538) paragraph 1. Divorce cases.--Divorce cases shall

be brought in the county where the defendant resides, if a resident of

this state; if the defendant be not a resident of this state, then in

the county in which the plaintiff resides, provided, that any person

who has been a resident of any United States Army Post or military

reservation within the State of Georgia for one year next preceding

the filing of the petition may bring an action for divorce in any

county adjacent to said United States Army Post or military

reservation.

141

The Code of Georgia of 1933, sections--

15-301. (25) Cession to the United States of land for public

buildings, forts, etc.--The consent of the State is hereby given, in

accordance with the 17th clause, section 8, of article 1, of the

Constitution of the United States, to the acquisition by the United

States, by purchase, condemnation or otherwise, of any lands in this

State which have been or may hereafter be acquired for sites for

customs houses, courthouses, post offices, or for the erection of

forts, magazines, arsenals, dockyards, and other needful buildings.

(Acts 1906, p. 126; 1927, p. 352.)

15-302. (26) Jurisdiction.--Exclusive jurisdiction in and over

any lands so acquired by the United States is hereby ceded to the

United States for all purposes except service upon such lands of all

civil and criminal process of the courts of this State; but the

jurisdiction so ceded shall continue no longer than said United States

shall own such lands. The State retains its civil and criminal

jurisdiction over persons and citizens in said ceded territory, as

over other persons and citizens in this State, except as to any ceded

territory owned by the United States and used by the Department of

Defense, but the State retains jurisdiction over the regulation of

public utility services in any ceded territory. Nothing herein shall

interfere with the jurisdiction of the United States over any matter

or subjects set out in the acts of Congress donating money for the

erection of public buildings for the transaction of its business in

this State, or with any laws, rules, or regulations that Congress may

adopt for the preservation and protection of its property and rights

in said ceded territory, and the proper maintenance of good order

therein. (Acts 1890-1, p. 201; 1927, p. 352, p. 264.)

15-303. Time of vesting of jurisdiction; redemption of lands

from taxation.--The jurisdiction hereby ceded shall not vest until the

United States shall have acquired the title to the said lands by

purchase, condemnation, or otherwise; and as long as the said lands

shall remain the property of the United States when acquired as

aforesaid, and no longer, the same shall be and continue exempt and

exonerated from all State, county, and municipal taxation, assessment,

or other charges which may be levied or imposed under authority of the

State. (Acts 1927, p. 352.)

30-107. (2950) Period of petitioner's residence in State.--No

court shall grant a divorce of any character to any person who has not

been a bona fide resident of the State six months before the filing of

the application for divorce: Provided, that any person who has been a

resident of any United States army post or military reservation within

the State of Georgia for one year next preceding the filing of the

petition may being an action for divorce in any county adjacent to

said

142

United States army post or military reservation. (Acts 1893, p. 109;

1939, p. 203; 1950, p. 429.)

45-336. Federal game regulations on United States Government

lands in Georgia; consent of State.--The consent of the General

Assembly is hereby given to the making by Congress of the United

States, or under its authority, of all such rules and regulations as

the Federal Government shall determine to be needful in respect to

game animals, game and non-game birds, and fish on such lands in the

northern part of Georgia as shall have been, or may hereafter be,

purchased by the United States under the terms of the Act of Congress

of March 1, 1911, entitled, "An Act to enable any State to cooperate

with any other State or States or with the United States for the

protection of the watersheds of navigable streams and to appoint a

commission for the acquisition of lands for the purpose of conserving

the navigability of navigable rivers" (36 United States Statutes at

Large, page 961), and Acts of Congress supplementary thereto and

amendatory thereof, and in or on the waters thereof. (Acts 1922,

p.106.)

IDAHO

Idaho Code containing the General Laws of Annotated (Published by

authority of Laws 1947, chapter 224) chapter 7, sections--

58-701. Military lands--Yellowstone National Park lands--

Cession--Jurisdiction for execution of process reserved.--Pursuant to

article 1, section 8, paragraph 17, of the Constitution of the United

States, consent to purchase is hereby given, and exclusive

jurisdiction ceded, to the United States over and with respect to all

lands embraced within the military posts and reservations of Fort

Sherman and Boise Barracks, together with such other lands in the

state as may be now or hereafter acquired and held by the United

States for military purposes, either as additions to the said posts or

as new military posts or reservations which may be established for the

common defense; and, also, all such lands within the state as may be

included in the territory of the Yellowstone National Park, reserving,

however, to the state a concurrent jurisdiction for the execution,

upon said lands, or in the buildings erected thereon, of all process,

civil or criminal, lawfully issued by the courts of the state, and not

incompatible with this cession. [1890-1891, p. 40, Sec. 1; reen.

1899, p. 22, Sec. 1; reen. R.C. & C.L., Sec. 27; C.S., Sec. 70;

I.C.A., Sec. 56-601.]

58-702. Consent to purchases by United States--Jurisdiction for

execution of process reserved.--Consent is given to any purchase

already made, or that may hereafter be made, by the government of the

United States, of any lots, or tracts of land, within this state, for

the use of such government, and to erect thereon and use such

buildings,

143

or other improvements, as may be deemed necessary by said government;

and over such lands and the buildings, or improvements, that are, or

may be, erected thereon, the said government shall have entire control

thereon all process, civil or criminal, lawfully issued by the courts

of this state, and not incompatible with this cession. [1895, p. 21,

Sec.1; reen. 1899, p. 235, Sec. 1; reen. R.C. & C.L., Sec. 28; C.S.,

Sec. 71; I.C..A., Sec. 56-602.]

58-705. Consent to land purchase for migratory labor homes

projects--Jurisdiction.--Consent is given to any purchase already

made, or that may hereafter be made, by the government of the United

States of any lots, or tracts of land within this state, for migratory

labor homes projects; and over such lands and the buildings or

improvements that are, or may hereafter be, erected thereon the United

States shall have entire control and jurisdiction, except that the

state shall have jurisdiction to execute thereon any process, civil or

criminal, lawfully issued by the courts of this state, and not

incompatible with this cession. [1943, ch. 152, Sec. 1, p. 308.]

ILLINOIS

The two acts of July 10, 1953, repealed all other pertinent

statutes.

An act to repeal "An Act ceding to the United States exclusive

jurisdiction over certain lands acquired for public purposes within

this State, and authorizing the acquisition thereof", approved April

11, 1899

Be it enacted by the People of the State of Illinois, represented

in the General Assembly:

SECTION 1. "An Act ceding to the United States exclusive

jurisdiction over certain lands acquired for public purposes within

this state, and authorizing the acquisition thereof," approved April

11, 1899, is repealed. (Approved July 10, 1953. Ill.Rev.Stat., Vol.

2, p. 1430.)

An act to repeal "An Act in relation to the acquisition of land in the

State by the United

States for governmental purposes", approved June 30, 1923

Be it enacted by the People of the State of Illinois, represented

in the General Assembly:

SECTION 1. "An Act in relation to the acquisition of land in the

State by the United States for governmental purposes," approved June

30, 1923 is repealed. (Approved July 10, 1953. Ill. Rev. Stat.,

Vol. 2, 143.)

Jones Illinois Statutes Annotated, chapter 137, sections--

An act granting to the Government of the United States the right to

enter upon and take possession of such small tracts or parcels of land

lying within the State of Illinois, and on the waters of the Ohio and

Wabash rivers, as may be necessary to facilitate the improvement of

said rivers. (Approved April 15, 1875. In force July 1, 1875. L.

1875 p.88.)

144

Preamble. Whereas, the government of the United States has

begun, and will probably continue the improvement of the Ohio and

Wabash rivers; and whereas, it may be advisable, for the removal of

all doubts as to the right of the general government to acquire real

estate and establish public works within the limits of any State

without the consent of such State: therefore,

137.02 Consent of State given United States to enter land to

improve Ohio and Wabash rivers.] SECTION 1. Be it enacted by the

People of the State of Illinois, represented in the General Assembly,

That the consent of the State of Illinois be and is hereby given to

the government of the United States to enter upon such small parcels

or tracts of land lying on the bank of the Ohio and Wabash rivers,

within the State of Illinois, as may be necessary for the construction

of locks, lock-keepers' dwellings, and abutments or other works, to be

used to facilitate the improvement of the channels of said rivers.

137.03 Eminent domain.] Sec.2. All cases of damages that may

arise under the provisions of this Act shall be settled as provided

for in "An Act to provide for the exercise of the right of eminent

domain," approved April 10, 1872. In force July 1, 1872.

For act referred to in text of this section, see 109.248--

109.261.

137.04 Exclusive jurisdiction ceded.] Sec.3. Exclusive

jurisdiction is hereby ceded to the United States over all or any

lands acquired under the provisions of this Act.

INDIANA

Burns Indiana Statutes Annotated (1951 Replacement), title 62,

chapter 10, sections--

62-1001 [13993]. Jurisdiction ceded to United States.--The

jurisdiction of this state is hereby ceded to the United States of

America over all such pieces or parcels of land within the limits of

this state as have been or shall hereafter be selected and acquired by

the United States for the purpose of erecting post-offices, custom-

houses or other structures exclusively owned by the general government

and used for its purposes: Provided, That an accurate description and

plat of such lands so acquired, verified by the oath of some officer

of the general government having knowledge of the facts, shall be

filed with the governor of the state; And, provided further, That this

cession is upon the express condition that the state of Indiana shall

so far retain concurrent jurisdiction with the United States in and

over all lands acquired or hereafter acquired as aforesaid that all

civil and criminal process issued by any court of competent

jurisdiction or officer having authority of law to issue such process,

and all orders made by such court or any judicial officer duly

empowered to make such orders necessary to be served upon any person,

may be executed upon said

145

lands, and in the buildings that may be erected thereon, in the same

way and manner as if jurisdiction had not been ceded as aforesaid

[Acts 1883, ch. 7, Sec. 1, p. 8]

62-1002 [13994]. Exemption from taxation-Limitations,--The lands

aforesaid, when so acquired, shall forever be exempt from all taxes

and assessments so long as the same shall remain the property of the

United States: Provided, however, That this exemption shall not extend

to or include taxes levied by the state of Indiana upon the gross

receipts or income of any person, firm, partnership, association, or

corporation which is received on account of the performance of

contracts or other activities upon such lands or within the boundaries

thereof. [Acts 1883, ch. 7, Sec.2, p. 8; 1901, ch. 158, Sec. 1, p.

344; 1941, ch. 211, Sec. 1, p. 641.]

62-1003 [13995]. Light-house sites--Jurisdiction ceded to United

States.--Whenever the United States desires to acquire title to land

belonging to the state, and covered by the navigable waters United

States, within the limits thereof, for the site of a light-house,

beacon, or other aid to navigation, and application is made by a duly

authorized agent of the United States, describing the site required

for one [1] of the purposes aforesaid, then the governor of the state

is authorized and empowered too convey the title to the United States,

and to cede to the said United States jurisdiction so far that all

process, civil or criminal, issuing under the authority of the state,

may be executed by the proper officers thereof upon any person or

persons amenable to the same, within the limits of the land so ceded,

in like manner and to like effect as if this act [section] had never

been passed. [Acts 1875 (Spec. Sess.), ch. 14, Sec. 1, p. 60.]

62-1007 [13999]. Condemnation by United States for river

improvements.--Whenever the United States shall begin the improvement

of any navigable river within or bordering upon this state, by means

of locks, dams and adjustable chutes, the consent of the state of

Indiana is hereby given to the acquisition, be the United States, by

purchase or by condemnation, in the manner hereinafter provided, of

any lands, buildings, or other property necessary for the purpose of

erecting thereon dams, abutments, locks, lock-keepers' houses, chutes,

and other necessary structures for the construction and maintenance of

slack-water navigation on said land or lands, buildings and other

property, when purchased or acquired as provided by this act [Secs.

62-1007--62-1009], and shall exercise jurisdic-

146

tion and control over the same. [Acts 1875 (Spec. Sess.), ch 34, Sec.

1, p. 81.]

62-1008 [1400]. Proceedings, how had.--If the United States

shall determine to take the lands, buildings or other property

necessary for the purposes mentioned in the preceding section, and can

not agree with the owner or owners of such land, buildings or other

property as to the amount of compensation to be made for such taking,

the circuit court having jurisdiction in the county where such lands,

buildings or other property are situated, upon application by either

the United States or the said owner or owners, or any one in behalf of

either, shall appoint three [3] disinterested freeholders to ascertain

and determine the amount of compensation to be paid to such owner or

owners who shall make a report to the said court of their award, on or

before the first term next after their appointment: Provided, That the

said United States shall not be authorized to take possession or use

or occupy the lands, buildings or other property taken under the

provision of this section until the amount of said award shall be paid

to the owner or owners thereof: An provided, further: That the said

court may set said the report of said viewers, upon being satisfied

that the amount of said award is excessive. [Acts 1875 (Spec.

Sess.), ch. 34, Sec. 2, p. 81.]

62-1010 [14002]. United States may purchase for ohio or Wabash

River improvements.--The consent of the legislature of the state of

Indiana is hereby given to the purchase, by the government of the

United States, or under the authority of the same, of any tract, piece

or parcel of land from any individual or individuals, bodies politic

or corporate, on the banks of the Ohio or Wabash River, within the

limits of this state, for the purpose of creating thereon locks, dams,

abutments, lock-keepers' dwellings, or other structures which may be

necessary in connection with the improvement of the said river; and

all deeds and conveyances of title-papers for the same shall be

recorded as in other cases upon the land records of the county in

which the lands so conveyed may be--the consent herein and hereby

given being in accordance with the seventeenth clause of the eighth

section

147

of the first article of the Constitution of the Unites States, and

with the acts of congress in such cases made and provided. [Acts

1877, ch. 50,Sec. 1, 90.]

62-1011 [14003]. Condemnation.--In case of failure of the United

States to agree with the owner or owners of any such land as the

United States may deem necessary for the purposes named in the

preceding section, within this state, it shall be lawful for the

United States to apply for the condemnation of such, land, not

exceeding ten [10] acres in any one [1] place, by petition to any

judge of a court of record of this state in or nearest to the county

where the land may be situated, either in term time or vacation,

notice of the time and place of such application having been first

duly given by publication for thirty [30] days prior to the day of

such application in some newspaper of general circulation published in

the county where the land lies, or, if the owner or owners reside in

the state of Indiana, by personal service upon the owner or owners of

such land at least twenty [20] days prior to such application, and

thereupon it shall be lawful for such judge to appoint three [3]

disinterested freeholders of the county where such land lies as

commissioners, who, having been first duly sworn to well and truly

appraise the damages due the owner or owners of said land so proposed

to be taken, shall report, in writing, to said judge the amount of

damages to be paid to the owner or owners of said land, the title of

said land shall vest in the United States. Exclusive jurisdiction and

right of assessment and taxation is hereby ceded to United States over

an lands acquired under the provisions of this act [Secs. 62-1010--62-

1012] and over the buildings or property of the United States situated

thereon [Acts 1877, ch. 50, Sec. 2, p. 90.]

62-1012 [14004]. Process of state courts.--This act [Secs. 62-

1010--62-1012] shall not be construed in such manner ass to debar or

hinder the process of any court or judge of this state from running

within the boundaries of the lands so acquired by the United States,

or over any part of such land, for any longer time than the said lands

shall be used for the purposes after said. {Acts 1877, ch. 50, Sec. 3,

p. 90.]

62-1013 [14005]. Condemnation by United States.--Whenever the

United States of America shall desire to acquire title to a tract of

land in the state of Indiana, for any purposes, and the said state

shall have given its consent to such acquisition, it shall be lawful

for the said United States to acquire title to such tract of and by

condemnation in the manner hereinafter provided. [Acts 1875, ch. 115,

Sec. 1, p. 163.]

148

62-1021. Consent of state to acquisition of land.--The consent

of the state of Indiana is hereby given to the acquisition by the

United States of America by purchase,gift, or condemnation with

adequate compensation such lands in the state of Indiana as the United

States of America may desire to purchase and acquire, pursuant to any

act of Congress for the acquisition, establishment, maintenance, and

development of fish hatcheries, wild life preserves, forest preserves,

or for agricultural, recreational, or experimental uses. [Acts 1937,

ch. 52, Sec. 1, p. 291.]

62-1022. Powers granted United States of America.--The United

States of America is hereby granted all the power and authority

necessary for the maintenance, development, control, and

administration of such lands as may be acquired by virtue of this act

[Secs. 62-1021--62-1027] through its officers, agents, or employees,

or through cooperative agreement with the department of conservation

of the state of Indiana, except as herein otherwise provided. [Acts

1937, ch. 52, Sec. 2, p. 291.]

62-1024. Concurrent jurisdiction--Exclusive rights retained by

state--Exception.--(a) The state of Indiana shall retain concurrent

jurisdiction with the United States in and over lands so acquired, so

far that civil process in all cases and such criminal process as may

issue under the authority of the state of Indiana against and person

charged with the commission of any crime, without or within said

jurisdiction, may be executed thereon in the same manner as if this

act [Secs. 62-1021--62-1027] had not been passed.

(b) The state of Indiana shall retain the exclusive right to

regulate the taking, killing, or hunting of wild birds or wild

animals, except migratory birds, on any and all land acquired by the

United States under the provisions of this act in the same manner and

to the same extent as it may lawfully regulate the taking, killing, or

hunting of wild birds or wild animals on land owned by the state and

used for conservation purposes. [Acts 1937, ch. 52, Sec. 4, p. 291.]

IOWA

The Code of Iowa, 1954, title 1, chapter 1, sections--

1.2 Sovereignty. The state possesses sovereignty coextensive

with the boundaries referred to in section 1.1, subject to such rights

as may the boundaries referred to in section 1.1, subject to such

rights as may at any time exist in the United States in relation to

public lands, or to any establishment of the national government.

[C51, Sec. 2; R60, Sec. 2; C73, Sec. C97, Sec. 2; C24, 27, 31, 35, 39,

Sec. 2; C46, 50, Sec. 1.2].

1.3 Concurrent jurisdiction. The state has concurrent

jurisdiction on the waters of any river or lake which forms a common

boundary be-

149

tween this and any other state. [C51, Sec. 3; R60, Sec. 3; C79, Sec.

3; C24, 27, 31, 39, Sec. 3; C46, 50, Sec. 1.3].

See act of congress, Aug. 4, 1846 [9 Stat. L, p.56].

1.4 Acquisition of lands by United States. The United States of

America may acquire by condemnation or otherwise for any of its uses

or purposes any real estate in this state, and may exercise

jurisdiction there over but not to the extent of limiting the

provisions of the laws of this state.

This state reserves, when not in conflict with the constitution

of the United States or any law enacted in pursuance thereof, the

right of service on real estate held by the United States of any

notice or process authorized by its laws; and reserves jurisdiction,

except when used for naval or military purposes, over all offenses

committed thereon against its laws and regulations and ordinances

adopted in pursuance thereof.

Such real estate shall be exempt from all taxation, including

special assessments, while held by the United States except when

taxation of such property is authorized by the United States. [R60,

Subsec. 2197, 2198; C73, Sec. 4; S13, Subsec. 4a-4d, 2024c; C24, 27,

31, 35, 39, Sec. 4; C46, 50, Sec. 1.4].

Title XVI, chapter 427, section--

427.1 Exemptions. The following classes of property shall not

be taxed:

1. Federal and state property. The property of the United States

and this state, including university, agricultural college, and school

lands. The exemption herein provided shall not include any real

property subject to taxation under any federal statute applicable

thereto, but such exemption shall extend to and include all machinery

and equipment owned exclusively by the United States or any corporate

agency or instrumentality thereof without regard to the manner of the

affixation of such machinery and equipment to the land or building

upon or in which such property is located, until such time as the

congress of the United States shall expressly authorize the taxation

of such machinery and equipment.

KANSAS

General Statutes of Kansas, Annotated, 1949 (Authenticated by the

Attorney General and Secretary of State of the State of Kansas)

Chapter 27, article 1 sections--

27-101. Consent given to the United States to acquire land. That

the consent of the state of Kansas is hereby given, in accordance with

the provisions of paragraph number seventeen, section eight, article

150

one of the Constitution of the United States, to the acquisition by

the United States, by purchase, condemnation or otherwise, of any land

in the state of Kansas, which has been, or may hereafter be, acquired

for custom houses, courthouses, post offices, national cemeteries

arsenals, or other public buildings, or for other purpose of the

government of the United States. [L. 1927, ch. 206, Sec. 1; March

17.]

27-102. Jurisdiction. The exclusive jurisdiction over and

within any lands so acquired by the United States shall be, and the

same is hereby, ceded to the United States, for all purposes; saving,

however, to the state of Kansas the right to serve therein any civil

or criminal process authority of the state, in any action on account of

rights acquired, obligations incurred or crimes committed in said

state, but outside the boundaries of such land; and saving further to

said state the right to tax the property and franchises of any

railroad, bridge or other corporations within the boundaries of such

lands;but the jurisdiction hereby ceded shall not continue after the

United States shall cease to own said lands. [L. 1927, ch. 206, Sec.

2; March 17.]

27-102a. Exemption from taxation. That the jurisdiction hereby

ceded shall not vest until the United States shall have acquired the

title to said lands; and as long as said lands shall remain the

property of the United states, the same shall be exempt from all

state, county and municipal taxes. [L. 1927, ch. 206, Sec. 3; March

17.]

27-102b. Taxing certain property upon military reservations. The

property of any private corporation engaged in the business of owning

or operating housing projects upon United States military reservations

in this state shall be assessed and taxed annually, and the county in

which the housing project lies geographically as determined by the

descriptions set out in chapter 18 of the General Statutes of 1949

shall have jurisdiction over such housing projects for the purposes of

taxation. [L. 1951, ch. 506, Sec. 1; Feb. 28.]

27-102c. Same; property declared personalty; collection. For

the purposes of valuation and taxation, all buildings,, fixtures and

improvements of such housing projects on such military reservations

are hereby declared to be personal property and shall be assessed and

taxed as such, and the taxes imposed on such buildings, fixtures and

improvements shall be collected by levy and sale of the interest of

such owner, in the same manner as provided in other cases for the

collection of taxes on personal property. [L. 1951, ch. 506, Sec. 2,

Feb. 28.]

Chapter 60, article 15, section--

60-1502. Residence of plaintiff.--The plaintiff in an action for

divorce must have been an actual resident in good faith of the state

for

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one year next preceding the filing of the petition, and a resident of

the county in which the action is brought at the time the petition is

filed, unless the action is brought in the county where the defendant

resides or may be summoned: Provided, That any person who has been a

resident of any United States army post or military reservation within

the state of Kansas for one year next preceding the filing of the

petition may bring an action for divorce in any county adjacent to

said United States army post or military reservation. [L. 1909, ch.

182, Sec. 662; R.S. 1923, Sec. 60-1502; L. 1933, ch. 216, Sec. 1; June

5.]

KENTUCKY

Kentucky Revised Statutes, 1953, as amended by the Act of March

13, 1954, sections--

SECTION 1. KRS 3.010 is amended to read as follows: "The

Commonwealth of Kentucky consents to the acquisition by the United

States of all lands an appurtenances in this state, by condemnation,

gift or purchase, which are needful to their constitutional purposes,

but said acquisition shall not be deemed to result in a cession of

jurisdiction by this Commonwealth."

SECTION 2. Whenever the United States, or any agency thereof,

shall request the Commonwealth to cede jurisdiction over any areas, it

shall be the duty of the Governor to transmit such request to the next

session of the General Assembly for such action as it may deem proper.

SECTION 3. Whenever the United States accepts the cession of

jurisdiction over any area, the letter of acceptance shall be entered

upon the Executive Journal.

SECTION 4. The Commonwealth consents to any retrocession by the

United States of lands within its geographical boundaries whenever the

United States shall have ceased to exercise exclusive or special

jurisdiction over such lands. Inter alia, the conveyance of lands to

private owners shall be deemed to constitute a retrocession of

jurisdiction.

Approved March 13, 1954.

3.020 [2376a-1; 2376b-1; 2376c-1,2376e-2; 2739f-2; 2739f-8;

3766e-17; 3766e-30] Jurisdiction retained for execution of process.

Kentucky retains jurisdiction for the execution of process, issued

under its authority, over all lands in Kentucky heretofore or

hereafter ceded to or acquired by the United States for the erection

or establishment of post offices, custom houses, courthouses, locks,

dams, canals, parks, cemeteries or forest reserves.

152

LOUISIANA

Louisiana Revised Statutes of 1950, title 52, chapter 1,

section--

Sec. 1. Consent of state to acquisition.--The United States, in

accordance with the seventeenth clause, eighth section of the first

article of the Constitution of the United States, may acquire and

occupy any land in Louisiana required for the purposes of the Federal

Government. The United States shall have exclusive jurisdiction over

the property during the time that the United States is the owner or

lessee of the property. The property shall be exempt from all

taxation, assessments, or charges levied under authority of the

state.

The state may serve all civil and criminal process issuing under

authority of Louisiana on the property acquired by the United States.

(Source: Acts 1892, No. 12, Secs. 1, 2; Acts 1942, No. 31, Sec. 1.)

Title 56, chapter 2, section--

Sec. 711. Protection of watersheds of navigable streams.--The

consent of the State of Louisiana is given to the Congress of the

United States to make or to authorize the proper authorities of the

Government of the United States to make such rules and regulations as

the Government of the United States determines to be needful in

respect to game animals, fish, and game and non-game birds on such

lands and in the waters thereof situated in the state as are purchased

by the United States under the terms of the Act of Congress of March

1, 1911, entitled "An Act to enable any State to cooperate with any

other state or with the United States for the protection of the

watersheds of navigable streams and to appoint a commission for the

acquisition of lands for the purpose of conserving the navigability of

navigable rivers", and Act of Congress supplementary thereto and

amendatory thereof.

(Source: Acts 1940, No. 52, Sec. 1.)

MAINE

Revised Statutes of the State of Maine, 1954, chapter 1,

sections--

SEC. 1. Sovereignty and jurisdiction.--The jurisdiction and

sovereignty of the state extend to all places within its boundaries,

subject only to such rights of concurrent jurisdiction as are granted

over places ceded by the state to the United States. (R.S. c. 1, Sec.

1.)

SEC. 2. Sovereignty in space.--Sovereignty in the space above

the lands and waters of the state is declared to rest in the state,

except where granted to and assumed by the United States pursuant to a

constitutional grant from the people of this state. (R.S. c. 1, Sec.

2.)

SEC. 5. State processes executed i places ceded.--Civil,

criminal and military processes, lawfully issued by an officer of the

state, may

153

be executed in places ceded to the United States, over which a

concurrent jurisdiction has been reserved for such purpose. (R. S. c.

1, Sec. 5.)

SEC. 6. Governor may cede not exceeding 10 acres to the United

States; compensation to owner.--The governor, with the advice and

consent of the council, reserving such jurisdiction, may cede to the

United States for purposes named in its constitution any territory not

exceeding 10 acres, but not including any highway; nor any public or

private burying ground, dwelling house or meeting house, without

consent of the owner. If compensation for land is not agreed upon,

the estate may be taken for the intended purpose by payment of a fair

compensation, to be ascertained and determined in the same manner as,

and by proceedings similar to those provided for ascertaining damages

in locating highways, in chapter 89. (R.S. c. 1, Secs. 6, 7.]

SEC. 7. Governor may purchase or take land for forts, etc., and

may cede to the United States; compensation to owner; limitation.--

Whenever the public exigencies require it, the governor with the

advice and consent of the council may take in the name of the state,

by purchases and deed, or in the manner herein denoted, any lands or

right of ways, for the purpose of erecting, using or maintaining any

fort, fortification, arsenal, military connection, way, deliver

possession and cede the jurisdiction thereof to the United States, on

such terms as are deemed expedient.

The owner of any land or rights taken shall have a just

compensation therefor, to be determined as prescribed in section 6,

provided that application is made within 5 years after the land is

taken. (R.S. c. 1, Secs. 8, 10.)

SEC. 8 Land surveyed; plan, etc., to be filed and recorded.--When

the governor and council determine that a public exigency requires the

taking of any land or rights as provided for in section 7, they shall

cause the same to be surveyed, located and so described that the same

can be identified, and a plan thereof, with a copy of the order in

council, shall be filed in the office of the secretary of state and

there recorded. The filing of said plain and copy shall vest the

title to the land and rights aforesaid, in the state of Maine or their

grantees, to be held during the pleasure of the state and, if

transferred to the United States, during the pleasure of the United

States. (R.S. c. 1, Sec. 9)

154

SEC. 9. Consent of legislature to acquisition by United States of

land within the state for public buildings; record of conveyances.--In

accordance with the constitution of the United States, Article 1,

Section VIII, Clause 17, and acts of congress in such cases provided,

the consent of the legislature is given to the acquisition by the

United States, or under its authority, by purchase, condemnation or

otherwise, of any land in this state required for the erection of

lighthouses or for sites for customhouses, courthouses, post offices,

arsenals or other public buildings, or for any other purposes of the

government, deeds and conveyances or title papers for the same shall

be recorded upon the land records of the county or registry district

in which the land so conveyed may lie; and in like manner may be

recorded a sufficient description by metes and bounds, courses and

distances, of any tracts and legal divisions of any public lands

belonging to the United States set apart by the general government for

either of the purposes before mentioned, by an order, patent or other

official paper so describing such land. (R.S. c. 1, Sec. 11)

SEC. 10. Jurisdiction ceded to United States over land acquired

for public purposes; concurrent jurisdiction with United States

retained.--Exclusive jurisdiction in and over any land acquired under

the provisions of this chapter by the United States shall be, and the

same is ceded to the United States for all purposes except the service

upon such sites of all civil and criminal processes of the courts of

this state; provided that the jurisdiction ceded shall not vest until

the United States of America has acquired title to such land shall

remain the property of the United States, and no longer; such

jurisdiction is granted upon the express condition that the state of

Maine shall retain a concurrent jurisdiction with the United States on

and over such lands as have been or may hereafter be acquired by the

United States so far as that all civil and criminal process which may

lawfully issue under the authority of this state may be executed

thereon in the same manner and way as if said jurisdiction had not

been ceded, except so far as said process may affect the real or

personal property of the United States. (R.S. c. 1, Sec. 12.)

SEC. 12. Relinquishment to United States to title to land for

erection of lighthouses, forts, etc., when title cannot otherwise be

obtained; disposal of purchase money.--Whenever, upon application of

an authorized agent of the United States, it is made to appear to any

justice

155

of the superior court that the United States desires to purchase a

tract of land and the right of way thereto, within the state, for the

erection of a lighthouse, beacon light, range light or light keeper's

dwelling, forts, batteries or other public buildings, and that any

owner is a minor, or is insane, or is from any cause incapable of

making perfect title to said lands, or is unknown, or a nonresident,

or from disagreement in price or any other cause refuses to convey

such land to the United States, said justice shall order notice of

said application to be published in some newspaper in the county where

such land lies, if any, otherwise in a paper in this state nearest to

said land, once a week for 3 weeks, which notice shall contain an

accurate description of said land, with the names of the supposed

owners, provable in the manner required for publications of notice in

chapter 112, and shall require all persons interested in said land on

a day specified in said notice to file their objections to the

proposed purchase, and at the time so specified a justice of said

court shall empanel a jury, in the manner provided for the trial of

civil actions, to assess the value of said land at its fair market

value and all damages sustained by the owner of such land by reason of

such appropriation; which amount when so assessed, with the entire

costs of said proceedings, shall be paid into the treasury of said

county, and thereupon the sheriff thereof, upon the production of the

certificate of the treasurer that said amount has been paid, shall

execute to the United States and deliver to its agent a deed of said

land, reciting the proceedings in said cause, which deed shall convey

to the United states a good and absolute title to said land against

all persons. The money paid into such county treasury shall there

remain until ordered to be paid our by a court of competent

jurisdiction. (R. S. c.1, Secs. 14,15.)

MARYLAND

The Annotated Code of Maryland, Edition of 1951, article 16,

section--

An. Code, 1939, sec. 39, 1924, sec. 37A. 1927, chs. 225 and 494. 1947,

ch. 849, sec. 39

32. All persons residing on property lying within the physical

boundaries of any county of this State or within the boundaries of the

City of Baltimore but on property over which jurisdiction is exercised

by the Government of the United States by virtue of the 17th clause,

8th section of first article of the Constitution of the United States,

and section 31 and 35 of article 96 of the Annotated Code of the

Public Laws of Maryland, shall be considered as residents of the State

of Mary land and of the County or City of Baltimore, as the case may

be, in which the land is situate for the purpose of jurisdiction in

the

156

Courts of Equity of this State in all applications for divorce and for

annulment of marriage.

Article 96, sections--

An. Code, 1939, sec. 1. 1924, sec. 1. 1912, sec. 1. 1888, sec. 1.

1874, ch. 193, sec. 1

1. The consent of the State is given to the purchase by the

government of the United States, or under the authority of the same,

of any tract, piece or parcel of land not exceeding five acres, from

any individual or individual, bodies politic or corporate within the

boundaries or limits of the State, for the purpose of erecting thereon

light-houses, beacons and other aids to navigation; and all deeds and

conveyances of title papers for the same shall be recorded, as in

other cases, upon the land records of the county in which the lands so

conveyed may lie; the consent herein given being in accordance with

the seventeenth clause of the eighth section of the first article of

the constitution of the United States and with the acts of Congress in

such cases made and provided.

An. Code, 1939, sec 2. 1924, sec. 2. 1912, sec, 2. 1904, sec. 2 1888,

sec. 2. 1874, ch. 193, sec. 2

2. With respect to land covered by the navigable waters within the

limits of the State, and on which a lighthouse, beacon or other aid to

navigation has been built, or is about to be built, the governor of

the State, on application of an authorized agent of the United States,

setting forth a description of the site required, is authorized and

empowered to convey the title to the United States, and to cede

jurisdiction over the same; provided, no single tract shall contain

more then five acres.

An. Code, 1939, sec. 3. 1924, sec. 3. 1912, sec. 3. 1904, sec. 3.

1888, sec. 3. 1874, ch. 193. sec. 3

3. The lots, parcels or tracts of land so ceded to the United

States, together with the tenements and appurtenances, for the purpose

before mentioned, shall be held exempt from taxation by the State of

Maryland.

An. Code, 1939, sec. 4. 1924, sec. 4. 1912, sec. 4. 1904, sec. 4.

1888, sec. 4, 1888, sec. 4. 1874. ch. 192, sec. 4

4. This State shall retain concurrent jurisdiction with the United

States in and over the tracts of land aforesaid, so that criminal and

civil processes, issued under the authority of the State by any

officer thereof, may be executed on said lands and in the buildings

that may be erected thereon, in the same way and manner as if

jurisdiction had not been ceded; and exclusive jurisdiction shall

revert to and revest in this State whenever the said tract of land

shall permanently cease to be

157

used and occupied by the United States for any of the purposes

heretofore enumerated.

An. Code, 1939, sec. 5. 1924, sec. 5. 1912, sec. 5. 1904, sec. 5.

1888, sec. 5. 1874, ch. 395, sec. 1

5. Whenever the United States are desirous of purchasing or

procuring the title to any tract, piece or parcel of lad within the

boundaries or limits of this State, for the purpose of erecting

thereon any lighthouse, beacon-light, range-light, light-keeper's

dwelling, forts, magazines, arsenals, dockyards, buoys, public piers,

or necessary public buildings or improvements connected therewith, and

cannot agree with the owner thereof as to the price and for the

purchase thereof; or it the owner be feme covert, under age, non

compos mentis, or of the county wherein the said land lies, or for any

other cause is incapable of making a perfect title to said lands, the

United States, by any agent authorized under the hand and seal of any

member of the president's cabinet, may apply by petition in writing to

the circuit court for the county where the land lies; which petition

shall be filed with the clerk of said court, to have the said land

condemned for the use and benefit of the United States; and any such

agent of the United States may, for the purpose of ascertaining its

bounds and quantity, enter upon the lands, without injury thereto,

which the United States may desire to purchase for any of the purposes

aforesaid.

An. Code, 1939, sec. 17. 1924, sec. 17. 1912, sec. 17. 1904, sec. 17

1888, sec. 17. 1874, ch. 305, sec. 13

17. Jurisdiction is hereby ceded to the United States over such

lands as shall be condemned as aforesaid for their use for public

purposes, as soon as the same shall be condemned, under the sanction

of the general assembly of this State hereinbefore given to said

condemnation; provided, always, that this State shall retain

concurrent jurisdiction with the United States in and over all lands

condemned under the provisions of this Article, so far as that all

processes, civil and criminal, issuing under the authority of this

State, or any of the courts or judicial officers thereof, may be

executed on the premises so condemned, and in any building erected or

to be erected thereon, in the same way and manner as if this Article

had not been passed; and exclusive jurisdiction shall revert to and

revest in the State whenever the said premises shall cease to be owned

by the United States and used for some of the purposes mentioned in

this Article.

An. Code, 1939, sec. 18. 1912, sec. 18. 1904, sec. 18. 1888, sec. 18.

1874, ch. 395, sec. 14

18. All the lands that may be condemned under the provisions of this

158

Article, and the buildings and improvements erected or to be erected

thereon, and the personal property of the United States, and of the

officers thereof, when upon said land, shall be exonerated and

exempted from taxation for state and county purposes, so long as the

said land shall continue to be owned by the United States and used for

any of the purposes specified in this Article, and no longer.

An. Code, 1939, sec. 19. 1924, sec. 19. 1912, sec. 19. 1904, sec. 19.

1900, ch. 67, sec. 19

19. The consent of the State is given to the purchase by the

government of the United States, or under the authority of the same,

from any individual or individuals, bodies politic or corporate, of

any tract, piece or parcel of land within the boundaries or limits of

the State for the purpose of erecting thereon forts, magazines,

arsenals, coast defenses or other fortifications of the United States,

or for the purpose of erecting thereon barracks, quarters and other

needful buildings for the use of garrisons required to man such forts,

magazines, arsenals, coast defenses or fortifications; and all deeds

and title papers for the same shall be recorded as in other cases upon

the land records of the county in which the land so conveyed may be;

the consent herein given being in accordance with the seventeenth

clause of the eighth section of the first article of the constitution

of the United States and with the acts of congress in such cases made

and provided.

An. Code, 1939, sec. 21. 1924, sec. 21. 1912, sec.21. 1904, sec. 21.

1900, ch. 97, sec. 21

24. The provisions of sections 17 and 18 of this Article shall apply

to all property or lands purchased or acquired by the United States

under the provisions of Sections 19 and 20 of this Article.

159

An. Code, 1939, sec. 23. 1924, sec. 28, 1912, sec. 28. 1904, sec. 26.

1902, ch. 263, secs. 1, 2. 1904, ch. 357, secs. 1, 2. 1908, ch. 194

28. The jurisdiction of the State of Maryland is hereby ceded to

the United States of America over so much land as has been or may be

hereafter acquired for public purposes of the United States; provided,

that the jurisdiction hereby ceded shall not vest until the United

States of America shall have acquired the title to the lands, by grant

or deed, from the owner or owners thereof, and evidences thereof shall

have been recorded in the office where, by law, the title to said land

is required to be recorded and the United States of America are to

retain such jurisdiction so long as such lands shall be for the

purposes in this section mentioned, and no longer; and such

jurisdiction is granted upon the express condition that the State of

Maryland shall retain a concurrent jurisdiction with the United States

in and over the said lands, so far as that civil process in all cases

not affecting real or personal property of the United States, and such

criminal or other process as shall issue under the authority of the

State of Maryland against any person or persons charged with crimes or

misdemeanors committed within or without the limits of said lands may

be executed therein, in the same way and manner as if no jurisdiction

had been hereby ceded. All lands and tenements which may be granted

as aforesaid to the United States shall be and continue so long as the

same shall be used for the purposes in this section mentioned,

exonerated and discharged from all taxes, assessment and other charges

which may be imposed under the authority of the State of Maryland;

provided, however, that the rights of citizenship and other rights as

residents of Charles County of persons domiciled on land owe by the

United States at Indian Head shall be continued and enjoyed by them to

the same extent as now provided by law for persons domiciled at the

Naval Academy at Annapolis as residents of Anne Arundel County.

An. Code, 1939, sec. 31. 1924, sec. 31 1912, sec. 31. 1906, ch.

743, sec. 1

31. The consent of the State of Maryland is hereby given in

accordance with the seventeenth clause, eighth section of the first

article of the constitution of the United States, to the acquisition

by the United States by purchase, condemnation or otherwise of any

land in this State required for sites for custom houses, courthouses,

post offices, arsenals or other public buildings, whatever, or for any

other purposes of the government.

An. Code, 1939, sec. 32. 1924, sec. 32. 1912, sec. 32. 1906, ch. 743,

sec. 2

35. Exclusive jurisdiction in and over any land so acquired by the

United States shall be and the same is hereby ceded to the United

States for all purposes except the service upon such sites of all

civil

160

and criminal process of the courts of this State, but the jurisdiction

so ceded shall continue no longer than the said United States shall

own such lands. An. Code. 1939, sec. 33. 1924, sec. 33. 1912, sec. 33.

1906, ch. 743, sec. 3

26. The jurisdiction ceded shall not vest until the United States

shall have acquired the title to said lands by purchase, condemnation

or otherwise; and so long as the said lands shall remain the property

of the United States when acquired as aforesaid, and no longer, the

same shall be and continue exempt and exonerated from all State,

county and municipal taxation, assessment, or other charges which may

be levied or imposed the authority of this State.

1947 Supp., sec. 41. 1943, ch. 687

46. Notwithstanding anything contained in any of the sections of

this Article to the contrary the State of Maryland hereby reserves as

to all lands within the State hereafter acquired by the United States

or any agency thereof, whether by purchase, lease, condemnation or

otherwise, and as to all property, persons and transactions on any

such lands, jurisdiction and authority to the fullest extent permitted

by the Constitution of the United States and not inconsistent with the

Governmental uses, purposes, and functions for which the land was

acquired or is used. Nothing in this section shall be deemed or

construed to restrict the jurisdiction and authority of the State over

any lands heretofore acquired by the United States, or any agency

thereof, or over property, persons or transactions on any such lands.

Laws of the State of Maryland, 1955--

CHAPTER 622 (House Bill 23)

An act to repeal and re-enact with amendments, Sections 76, 77, 78,

81, 82, 83, 84 and 91 of Article 16 of the Annotated Code of Maryland

(1951 Edition and 1954 Supplement), title "Chancery", sub-title

"Adoption", and to add new Section 80A to said Article and sub-title,

to follow immediately after Section 80 thereof, generally revising the

adoption laws of the State, and relating to adoption procedure, and

correcting certain wording therein

SECTION 1. Be it enacted by the General Assembly of Maryland:

That Sections 76, 77, 78, 81, 82, 83, 84 and 91 of Article 16 of

the Annotated Code of Maryland (1951 Edition and 1954 Supplement), and

re-enacted, with amendments, and that new Section 80A be and it is

hereby added to said Article and sub-title, to follow immediately

after Section 80 thereof, all to read as follows:

ADOPTION

* * *

78. (Federal Reservations.) All persons residing or stationed for

not less than ninety (90) days next preceding the filing of a petition

161

on property lying within the physical boundaries of any county of this

State or within the boundaries of the City of Baltimore, but on

property over which jurisdiction is exercised by the Government of the

United States by virtue of the 17th Clause, Section 8 of Article 1 of

the Constitution of the United States, and of Sections 31 and 35 of

Article 96 of this Code, shall be considered as residents of the State

of Maryland and of the county or City of Baltimore, as the case may

be, in which the land is situate, for the purposes of jurisdiction in

the courts of equity of this State in all petitions for adoption.

MASSACHUSETTS

The General Laws of the Commonwealth of Massachusetts,

Tercentenary Edition, 1932, title 1, chapter 1, sections--

SECTION 2. The sovereignty and jurisdiction of the commonwealth

shall extend to all places within its boundaries subject to the

concurrent jurisdiction granted over places ceded to or acquired by

the United States.

SECTION 6. The department, with the approval of the governor and

council, may, upon the application of an agent of the United States,

in the name and behalf of the commonwealth, convey to the United

States the title of the commonwealth to any tract of land covered by

navigable waters and necessary for the purpose of erecting a

lighthouse, beacon light, range light or other aid to navigation, or

light keeper's dwelling; but such title shall revert to the

commonwealth if such land ceases to be used for such purpose.

SECTION 7. The United States shall have jurisdiction over any

tract of land within the commonwealth acquired by it in fee for the

following purposes: for the use of the United States bureau of

fisheries, or for the erection of a marine hospital, custom office,

post office, life-saving station, lighthouse, beacon light, range

light, light keeper's dwelling or signors; provided, that a suitable

plan of such tract has been or shall be filed in the office of the

state secretary within one year after such acquisition of title

thereto. But the commonwealth shall retain concurrent jurisdiction

with the United States in and over any such tract of land to the

extent that all civil and criminal processes issuing under authority

of the commonwealth may be executed thereon as if there had been no

cession of jurisdiction, and exclusive jurisdiction over any such

tract shall revest in the commonwealth if such tract ceases to be used

by the United States for such public purpose.

162

MICHIGAN

The Compiled Laws of the State of Michigan, 1948

Act 3, 1942 (1st Ex. Sec.) p. 11; Imd. Eff. Jan. 28

An act to cede jurisdiction to the United States over certain lands,

and for the purchase and condemnation thereof; and to repeal all acts

and parts of acts inconsistent with this act

The People of the State of Michigan enact:

3.201 Ceding of jurisdiction to federal government of needed

property.--SEC. 1. The consent of the state of Michigan is hereby

given in accordance with the seventeenth clause, eighth section, of

the first article of the constitution of the United States, to the

acquisition by the United States, by purchase, condemnation or

otherwise, of any land in this state which has been, or may hereafter

be acquired for forts, magazines, arsenals, dockyards and other

needful buildings.

3.202 Same; transfer of jurisdiction; exemption from taxation.--

SEC. 3. That whenever the United States of America desire to acquire

title to land belonging to the state of Michigan including land which

is now or has in the past been covered by the navigable waters of the

United States of America, for sites or for any improvement or addition

to any government area, reservation,

163

or other station including but not limited to military or naval

reservations or stations, lighthouses, beacons, or other aids to

navigation and/or aeronautics or for the building of sea walls,

breakwaters, ramps, and piers, and application is made by a duly

authorized agent of the United States, describing the site required

for one of the purposes aforesaid, then the governor of the state is

authorized and empowered to convey the title to the United States, and

to cede to the United States jurisdiction over the same: Provided, The

state shall retain concurrent jurisdiction so far that all process,

civil or criminal, issuing under the authority of the state, may be

executed by the proper officers thereof upon any person or persons

amenable to the same within the limits of land so ceded, in like

manner and to like effect as if this act had never been passed.

Act 5, 1874,p. 5; Imd. Eff. March 24

An act to cede jurisdiction to the United States on certain land, and

for the purchase and condemnation thereof

The People of the State of Michigan enact:

3.321 Purchase or condemnation of lands by the United States.--SEC.

1. That the United States of America shall have power to purchase or

to condemn in the manner prescribed by its laws, upon making just

compensation therefor, land in the state of Michigan required for

custom houses, arsenals, lighthouses, national cemeteries, or for

other purposes of the government of the United States.

History: How. 5202.--C.L. 1897, 1149.--C.L. 1915, 234.--C.L. 1929,

410.

3.322 Same; entry, exclusive legislation,concurrent jurisdiction,

exemption from taxes.--SEC. 2. The United States may enter upon and

occupy any land which may have been, or may be purchased, or

condemned, or otherwise acquired, and shall have the right of

exclusive legislation, and concurrent jurisdiction together with the

state of Michigan, over such land and the structures thereon, and

shall hold the same exempt from all state, county and municipal

taxation.

Act 52, 1871, p. 63; Imd. Eff. March 29

An act ceding the jurisdiction of this state over certain lands owned

by the United States

The People of the State of Michigan enact:

3.341 Jurisdiction ceded to United States; execution of process.--

SEC. 1. That the jurisdiction of this state is hereby ceded to the

United States of America, over all such pieces or parcels of land

within the limits of this state, as have been or shall hereafter be

selected and acquired by the United States, for the purpose of

erecting post offices, custom houses or other structures exclusively

owned by the general

164

government, and used for its purposes: Provided, That an accurate

description and plat of such lands so acquired, verified by the oath

of some officer of the government having knowledge of the facts, shall

be filed with the governor of this state: And provided further, That

this cession is upon the express condition that the state of Michigan

shall so far retain concurrent jurisdiction with the United States, in

and over all lands acquired or hereafter acquired as aforesaid, that

all civil and criminal process issued by any court of competent

jurisdiction or officers having authority of law to issue such

process, and all orders made by such court, or any judicial officer

duly empowered to make such orders, and necessary to be served upon

any person, may be executed upon said lands, and in the buildings that

may be erected thereon, in the same way and manner, as if jurisdiction

had not been ceded, as aforesaid.

3.342 Lands exempt from taxes.--SEC. 2. The lands aforesaid,

when so acquired, shall forever be exempt from all taxes and

assessments, so long as the same shall remain the property of the

United States.

MINNESOTA

Minnesota Statutes Annotated sections--

1.041 Concurrent jurisdiction of state and United States.--

Subdivision 1. Rights of State.--Except as otherwise expressly

provided, the jurisdiction of the United States over any land or other

property within this state now owned or hereafter acquired for

national purposes is concurrent with and subject to the jurisdiction

and right of the state to cause its civil and criminal process to be

executed therein, to punish offenses against its laws committed

therein, and to protect, regulate, control, and dispose of any

property of the state therein.

Subd. 2. Land exchange commission may concur.--In any case not

otherwise provided for, the consent of the State of Minnesota to the

acquisition by the United States of any land or right or interest

therein, in this state desired for any authorized national purpose,

with concurrent jurisdiction as defined in subdivision 1, may be given

by concurrence of a majority of the members of the Land Exchange

Commission created by the Constitution of the State of Minnesota,

Article 8, Section 8, upon finding that such acquisition for such

consent is made by an authorized officer of the United States, setting

forth a description of the property, with a map when necessary for

proper identification thereof, and the authority for, purpose of , and

method used or to be used in acquiring the same. The commission may

pre-

165

scribe the use of any specified method of acquisition as a condition

of such consent.

In case of acquisition by purchase or gift, such consent shall be

obtained prior to the execution of any instrument conveying the lands

involved or any interest therein to the United States. In case of

condemnation, such consent shall be obtained prior to the commencement

of any proceeding therefor.

1.042 Consent of state.--Subdivision 1. Given for Certain

Purposes. The consent of the State of Minnesota is hereby given in

accordance with the Constitution of the United States, Article I,

Section 8, Clause 17, to the acquisition by the United States in any

manner of any land or right or interest therein in this state required

for sites for customs houses, courthouses, hospitals, sanatoriums,

post-offices, prisons, reformatories, jails, forestry depots, supply

houses, or offices, aviation fields or stations, radio stations,

military or naval camps, bases, stations, arsenals, depots, terminals,

cantonments, storage places, target ranges, or any other military or

naval purpose of the United States.

Subd. 2. Jurisdiction ceded to United States. So far as

exclusive jurisdiction in or over any place in this state now owned or

hereafter acquired by the United States for any purpose specified in

subdivision 1 is required by or under the constitution or laws of the

United States, such jurisdiction is hereby ceded to the United States,

subject to the right of the state to cause its civil and criminal

process to be executed on the premises, which right is hereby reserved

to the state. When the premises abut upon the navigable waters of

this state, such jurisdiction shall extend to and include the under-

water lands adjacent thereto lying between the line of low-water mark

and the bulkhead or pier-head line as now or hereafter established.

1.043 When jurisdiction vests.--The jurisdiction granted or

ceded to the United States over any place n the state under section

1.041 or section 1.042 shall not vest until the United States has

acquired the title to or right of possession of the premises affected,

and shall continue only while the United States owns or occupies the

same for the purpose or purposes to which such jurisdiction appertains

as specified in those sections.

1.046 Evidence of consent.--The consent of the state given by or

pursuant to the provisions of sections 1.041 to 1.048 to the

acquisition by the United States of any land or right or interest

therein in this state or to the exercise of jurisdiction over any

place in this state shall be evidenced by the certificate of the

governor, which shall be issued in duplicate, under the great seal of

the state, upon application by an authorized officer of the United

States and upon proof that title to the property has vested in the

United States. The certificate shall

166

set forth a description of the property, the authority for, purpose

of, and method use in acquiring the same, and the conditions of the

jurisdiction of the state and the United States in and over the same,

and shall declare the consent of the state thereto in accordance with

the provisions of sections 1.041 to 1.048, as the case may require.

When necessary for proper identification of the property a map may be

attached to the certificate, and the applicant may be required to

furnish the same. One duplicate of the certificate shall be filed

with the secretary of state. The other shall be delivered to the

applicant, who shall cause the same to be recorded in the office of

the register of deeds of each county in which the land or any part

thereof is situated.

MISSISSIPPI

Mississippi Code 1943, Annotated, title 17, chapter 11, sections-

-Sec. 4153. United States may acquire land for certain purposes.--The

consent of the state of Mississippi is given, in accordance with the

17th clause, 8th section, and of the 1st article of the Constitution

of the United States, to the acquisition by the United States, by

purchase, condemnation or otherwise, of any land in this state which

has heretofore been or may hereafter be acquired for custom houses,

post officers, or other public buildings.

Sec. 4154. Jurisdiction.--The exclusive jurisdiction in and over

any land which has heretofore been, or may hereafter be, so acquired

by the United States is hereby ceded to the United States for all

purposes, except that the state retains the right to serve thereon all

civil and criminal processes issued under authority of the state; but

the jurisdiction so ceded shall continue no longer than the United

States shall own such lands, for the purposes hereinabove set forth.

Sec. 4155. Tax exemption.--The jurisdiction ceded as aforesaid

shall not vest until the United States shall have acquired the title

to the said lands by purchase, condemnation, or otherwise; and so long

as the said lands shall remain the property of the United States when

acquired as aforesaid, and no longer, the same shall be exempt from

all state, county and municipal taxation, assessment, or other charges

which may be levied or imposed under authority of the state.

Sec. 4157. May cede jurisdiction to United States for certain

purposes.--The governor, upon application made to him in writing, on

behalf of the United States, for the purpose of acquiring and holding

lands or using any part of a public road of any county within the

limits of this state, for the purpose of making, building, or

construction levees, canals, or any other works in connection with the

improvement of rivers and harbors, or as a site for a fort, magazine,

arsenal, dockyard, courthouse, custom house, lighthouse, post office,

or other needful

167

buildings, or for the purpose of locating and maintaining national

military parks, or for any other public works or purposes accompanied

by proper evidence of the purchase of such lands, or the consent of

the board of supervisors of the proper county for such public roads to

be used for said purpose, is authorized for the state to cede

jurisdiction thereof to the United States for the purpose of the

cession and none other.

Sec. 4158. Restrictions on cession.--The concession of

jurisdiction to the United States over any part of the territory of

the state, heretofore or hereafter made, shall not prevent the

execution on such land of any process, civil or criminal, under the

authority of this state, nor prevent the laws of this state from

operating over such land; saving to the United States security to its

property within the limits of the jurisdiction under the authority of

this state during the continuance of the cession.

Title 23, chapter 2, section--

Sec. 5926. Federal regulations, etc.--Consent is hereby given to

the making by Congress of the United States, or under its authority,

of all such rules and regulations as the Federal Government shall

determine to be needful in respect to game animals, game and nongame

birds, and fish on such lands in the State of Mississippi as shall

have been, or may hereafter be, purchased by the United States under

the terms of the Act of Congress of March 1, 1911, entitled "An Act to

enable any State to cooperate with any other State or with the United

States for the protection of the watersheds of navigable streams and

to appoint a Commission for the acquisition of lands for the purpose

of conserving the navigability of navigable rivers," and Acts of

Congress supplementary thereto and amendatory thereof, and in or on

the waters thereof.

The Director of Conservation of the State of Mississippi shall

have the right and authority to enter into a cooperative agreement

with the United States Government, or with the proper authorities

thereof, for the protection and management of the wild life resources

of the national forest lands within he State of Mississippi and for

the restocking of the same with desirable species of game, birds, and

other animals, and fish.

The Director of conservation of the State of Mississippi shall

have authority to close all hunting and fishing within said lands so

contracted for with the Federal Government for such period of time as

may, in the opinion of the director of conservation, be necessary;

shall have authority from time to time to prescribe the season for

hunting or fishing therein, to fix the amount of fees required for

special hunting licenses and to issue said licenses, to prescribe the

number of animals and game, fish and birds that shall betaken

therefrom and the

168

size thereof, and to prescribe the conditions under which the same may

be taken.

Any person violating any of the rules so promulgated by the

director of Conservation, or who shall hunt or fish on said lands at

any time, other than those times specified by the said Director of

Conservation, shall upon conviction therefor be fined no less than

twenty-five ($25.00) dollars nor more than one hundred ($100.00)

dollars, or imprisonment for not less than ten days nor more than

thirty days for each and every offense.

Title 23, chapter 5, section--

Sec. 5964. Counties may donate rights of way--easements, etc.--

The boards of supervisors of any county within the State of

Mississippi through which or adjoining which the United States

Government or any of its agencies desired to construct a roadway or a

roadway and parkway in connection therewith, shall have full power to

donate such rights of way, together with scenic easements of such

additional lands as may be required by the United States Government

for the purpose of constructing such roadway and parkway. Any and all

counties in the State of Mississippi are authorized to receive by

donation,gift,will,or by purchase with county funds any and all

necessary lands, rights of way or scenic easements,and after the

acquisition of such lands or scenic easements may, by resolution or

deed or other authorization of the board of supervisors of such

county, convey same to the United States or to such subordinate agency

of the United States as may be required for the establishment of such

roadway and parkway. The board of supervisors of any county in the

State of Mississippi is hereby expressly vested with the power of

eminent domain to condemn for public use as a park and for scenic

easement all lands adjoining such public park or parkway and for road

or roadways and to acquire title to all or any part of the lands which

such board of supervisors may deem necessary for the purposes of

complying with the requirements of the United States Government in the

establishment of any national roadway or parkway through the State of

Mississippi and that such right of condemnation shall include the

right to condemn houses, out buildings, orchards, yards, gardens, and

other improvement on such lands and all or any right, title, or

interest in and to all or any part of such lands and the improvements

thereon by the right of eminent domain in condemnation proceedings or

by gift,devise purchase, or any other lawful means for the transfer of

title; and such condemnation proceedings shall be carried out and

executed as are condemn nation proceedings by the Highway Department

of the State of Mississippi as authorized under the laws of the State

of Mississippi. The United States Government,

169

or any of its subsidiary agencies, shall have complete control and

supervision, severally or in connection with any county or counties in

the State of Mississippi or with the Highway department of the State

of Mississippi with full power and authority to locate, relocate,

widen, alter, change, straighten, construct, or reconstruct roads or

rights of way, parkways or lands covered by scenic easements on any

Federal parkway, highway, or trace being constructed by the United

States Government or any of its subsidiary subdivision or severally or

jointly with any county or counties in the State of Mississippi or

with the State Highway department of the State of Mississippi and

shall have full and complete authority for the making of all

contracts, surveys, plans, and specifications and estimates for the

location, laying out, widening, straightening, altering, changing,

constructing, reconstructing, and maintaining and securing rights of

way therefor of any and all such highways, parkways, and scenic

easements and shall further have the right to authorize its employees

and agents to enter upon property for such purposes. The said United

States Government severally and any county or counties in the State of

Mississippi and the said Highway Department, either jointly or

severally, is further authorized and empowered to obtain and pay for

rights of way to such width and extent as may be necessary to meet the

requirement of the United States Government for the construction and

building of new parkway or roadway or scenic highway in the State of

Mississippi, such rights of way to average along said road, however,

not more than one hundred (100) acres to the mile and, in addition

thereto, scenic easements to average not more than fifty (50) acres to

the mile along said roadway or parkway, and such political

authorities, either jointly or severally shall have the right to

condemn or acquire by gift or purchase lands necessary for the

building and maintenance of said roadway, parkway, or trace.

Sec. 5970. Jurisdiction of the United States.--The United States

of America is authorized to acquire by deed or conveyance, gift, will

or otherwise lands for the purpose of roadways and parkways as set

forth in this Act, but this consent is given upon condition that the

State of Mississippi shall retain a concurrent jurisdiction with the

United States in and over such lands so far that civil process in all

cases and such criminal process as may issue under the authority of

the State of Mississippi against any person charged with the

commission of any crime, without or within said jurisdiction, may be

executed thereon in like manner as if this consent had not been given.

Power is hereby conferred on the Congress of the United States to pass

such laws as it may deem necessary for the acquisition of the said

lands and for incorporation in national roadways, parkways or na-

170

tional parks, and to pass such laws and make or provide for the making

of such rules and regulations, of both civil and criminal nature, and

to provide punishment therefor as in its judgment may be necessary for

the management, control and protection of such lands as may be

acquired by the United States under the provisions of this Act,

including such lands are acquired not only for highway and parkway and

park purposes but also those lands over which scenic easements are

acquired for such purposes, provided, notifies the Governor and,

through him, the State of Mississippi that the United States of

America assumes concurrent police jurisdiction over the land or lands

thus deeded and conveyed. But, however, thee is saved to the State of

Mississippi the right to tax sales of gasoline and other motor vehicle

fuels and oils for use in motor vehicles and to tax persons and

corporations, their franchises and properties, on all and or lands

deeded or conveyed as aforesaid,and saving, except to persons residing

in or on any of the land or lands deeded or conveyed as aforesaid, the

right to vote at all elections within the county in which said land or

lands are located, upon like terms and conditions and to the same

extent as they would be entitled to vote in such county had not such

lands been deeded or conveyed as aforesaid to the United States of

America.

Sources: Laws, 1935, ch. 52.

MISSOURI

Vernon's Annotated Missouri Statutes, chapter 12, section--

12.010. Consent given United States to acquire land by purchase

for certain purposes.--The consent of thee state of Missouri is hereby

given in accordance with the seventeenth clause, eighth section of the

first article of the Constitution of the United States to the

acquisition by the United States by purchase or grant of any land in

this state which has been or may hereafter be acquired, for the

purpose of establishing and maintaining post offices, internal revenue

and other government offices, hospitals, sanatoriums, fish hatcheries,

and land for reforestation, recreational and agricultural uses. Land

to be used exclusively for the erection of hospitals by the United

States may also be acquired by condemnation (R.S. 1939, Sec. 12691,

A.L. 1949, p. 316, A. S.B. 1005).

12.020. Jurisdiction given with reservations.--The jurisdiction

of the state of Missouri in and overall such land purchased or

acquired as provided in section 12.010 is hereby granted and ceded to

the United States shall own said land; pro-

171

vided, that there is hereby reserved to the state of Missouri,

unimpaired, full authority to serve and execute all process, civil and

criminal, issued under the authority of the state within such lands or

the buildings thereon (R.S. 1939, Sec. 12693).

12.030. Consent given United States to acquire land by purchase

or condemnation for military purposes.--The consent of the state of

Missouri is hereby given, in accordance with the seventeenth clause,

eighth section, of the first article of the Constitution of the United

States, to the acquisition by the United States by purchase,

condemnation, or the effective date of sections 12.030 and 12.040, as

sites for customhouses, courthouses, post offices, arsenals, forts,

and other needful buildings required for military purposes. Laws 1955,

H.B. No. 371, Sec. 1.

12.040. Exclusive jurisdiction ceded to the United States--

reserving the right of taxation and the right to serve processes.--

Exclusive jurisdiction in and over any land so acquired, prior to the

effective date of sections 12.030 and 12.040, by the United States

shall be, and the same is hereby, ceded to the United States for all

purposes, saving and reserving, however, to the state of Missouri the

right of taxation to the same extent and in the same manner as if this

cession had not been made; and further saving and reserving to the

state of Missouri the right to serve thereon any civil or criminal

process issued under the authority of the state, in any action on

account of rights acquired, obligations incurred, or crimes committed

in said state, outside the boundaries of such land but the

jurisdiction so ceded to the United States shall continue no longer

than the said United States shall own such lands and use the same for

the purpose for which they were acquired. Laws 1955, H.B. No. 371,

Sec. 2.

MONTANA

Constitution of the State of Montana, article II, section--

SECTION. 1. Authority is hereby granted to and acknowledged in

the United States to exercise exclusive legislation, as provided by

the constitution of the United States, over the military reservations

of Fort Assinaboine, Fort Custer, Fort Keogh, Fort Maginnis, Fort

Missoula, and Fort Shaw, as now established by law, so long as said

places remain military reservations, to the same extent and with the

same effects if said reservations had been purchased by the United

States by consent of the legislative assembly of the State of Montana;

and the legislative assembly is authorized and directed to enact any

law necessary or proper to give effect to this article.

172

Provided, that there be and is hereby reserved to the State the

right to serve all legal process of the State, both civil and

criminal, upon persons and property found within any of said

reservations, in all cases where the United States has not exclusive

jurisdiction.

Revised Codes of Montana, 1947, Annotated, title 83, chapter 1,

sections--

83-102. (20) Territorial jurisdiction, limitations on.--The

sovereignty and jurisdiction of this State extend to all places within

its boundaries, as established by the constitution, excepting such

places as are under the exclusive jurisdiction of the United States;

but the extent of such jurisdiction over places that have been or may

be ceded to, purchased,or condemned by the United States, is qualified

by the terms of such cession,or the laws under which such purchase or

condemnation has been or may be made.

83-103. (20) Military reservations.--Authority is granted to and

acknowledged in the United States to exercise exclusive legislation,as

provided by the constitution of the United States, over military

reservations of Fort Assinaboine, Fort Custer, Fort Keogh, Fort

Maginnis, Fort Missoula, and Fort Shaw, as now established by law, so

long as said places remain military reservation, to the same extent

and with the same effect as if said reservations had been purchased by

the United States by consent of the legislative assembly of the State

of Montana.

All legal process of the State, both civil and criminal, may be

served upon persons and property found within any of said

reservations,or on any Indian reservation, in all cases where the

United States has not exclusive jurisdiction.

83-108. (25) Jurisdiction over lands purchased by United States.-

-Pursuant to article 1, section 8, paragraph 17 of the constitution of

the United States, consent to purchase is hereby given, and exclusive

jurisdiction ceded, to the United States over and with respect to any

lands within the limits of this state, which shall be acquired by the

complete purchase by the United States, for any of the purposes

described in said paragraph of the constitution of the United States,

said jurisdiction to continue as long as said lands are held and

occupied by the United States for said purposes; reserving, however,

to this state the right to serve and execute civil or criminal process

lawfully issued by the courts of the state, within the limits of the

territory over which jurisdiction is ceded in any suits or

transactions for or on account of any rights obtained, obligations

incurred, or crimes committed in this state, within or without such

territory; and reserving further to the said state the right to tax

persons and corporations, their franchises and property within said

territory; and reserving further to

173

the state and its inhabitants and citizens the right to fish and hunt,

and the right of access, ingress and egress to and through said ceded

territory to all persons owning or controlling livestock for the

purpose of watering the same, and saving further to the state on

Montana jurisdiction in he enforcement of state laws relating to the

duties of the livestock sanitary board and the state board of health,

and the enforcement of any regulations promulgated by said boards in

accordance with the laws of the state of Montana; provided, however,

that jurisdiction shall not vest United States, though the proper

officers, shall file an accurate map or plat and description by metes

and bounds of said lands in the office of the county clerk and

recorder of the county in which said lands are situated, and if such

lands shall be within the corporate limits of any city, such map or

plat shall also be filed in the office of the city clerk of said city,

and the filing of such map as herein provided, shall constitute

acceptance of the jurisdiction by the United States as herein ceded.

The offer by the state of Montana to cede to the federal government

legislative jurisdiction over areas within the state of Montana as

contained in the act of the second legislative assembly of the state

of Montana, 1891, entitle: "An act giving the consent of the state of

Montana to the purchase, by the United States, of land in any city or

town of the state, for the purpose of United States court house, post

office and for other purposes" approved March 5, 1891, as amended by

the act giving the consent of the state of Montana to the purchase by

the United States of land in any city or town of the state for the

purposes of United States court house, post-offices and for other like

purposes", approved March 9, 1803, is hereby withdrawn except as to

areas heretofore completely purchased or acquired by the federal

government and over which areas the federal government has heretofore

assumed either exclusive legislative jurisdiction or concurrent

legislative jurisdiction under the terms of one or the other of said

acts.

NEBRASKA

Revised Status of Nebraska, 1943, article 6, section--

72-601. State lands; consent to purchase granted United States.-

-The consent of the State of Nebraska is granted to the United States

of America to purchase such grounds as may be deemed necessary in any

city or incorporated town in the State of Nebraska, for the erection

thereon of buildings for the accommodation of the United States

circuit and district courts, post office, land office, mints, or any

other government office, and also for the purchase by the United

States of such other lands within the State of Nebraska as the agents

or author-

174

ities of the United States may from time to time select for the

erection of forts, magazines, arsenals and other needful buildings.

72-602. State lands; conveyance to United States; cession of

jurisdiction.--The jurisdiction of the United of Nebraska in and over

the lands mentioned in section 72-601 shall be ceded to the United

States; Provided, the jurisdiction ceded continue no longer than the

United States shall own or occupy such lands.

72-603. State lands; sale to United States; service of process;

jurisdiction retained.--The consent is given is given and the

jurisdiction ceded upon the express condition that the State of

Nebraska shall retain concurrent jurisdiction with the United States

in and over the lands, so far as civil process in all cases, and such

criminal or other process as may issue under the laws or authority of

the State of Nebraska, against any person or persons charged with

crime or misdemeanors committed within this state, may be executed

therein in the same way and manner as if such consent had not been

given or jurisdiction ceded, except so far as such process may affect

the real and personal property of the United States.

72-604. State lands; conveyance to United States; jurisdiction;

when effective; exemption from taxation.--The jurisdiction ceded shall

not vest until the United States shall have acquired the title to such

lands by purchase or grant. So long as the lands shall remain the

property of the United States, when acquired as provided in section

72-601, and no longer, they shall be exempt from all taxes,

assessments, and other charges which may be levied or imposed under

the authority of the laws of this state.

NEVADA

Statutes of the State of Nevada, 1955, chapter 202, page 300--

Assembly Bill No. 13. Mr. Leighton--Chapter 202

An act granting the consent of the State of Nevada to the acquisition

by the United States of lands required for public purposes, and ceding

jurisdiction over such lands heretofore and hereafter acquired, leased

or otherwise used by the United States for public purposes; repealing

a part of an act in conflict herewith; and other matters property

relating thereto

[Approved March 22, 1955]

The People of the State of Nevada, represented in Senate and

Assembly, do enact as follows:

SECTION 1. State consent to Federal acquisition of land

required by department of Defense or Atomic Energy Commission.--The

consent of the State of Nevada is hereby given in accordance with the

17th Clause, 8th Section of the 1st Article of the Constitution of the

United States, to the acquisition by the United States by purchase,

condemnation, lease, exchange or otherwise, of any land in this state

required

175

by the Department of Defense or the Atomic Energy Commission for the

erection of bases, forts, magazines, arsenals, dockyards and other

structures needed for defense or Atomic Energy Commission purposes as

authorized by act of Congress.

SEC. 2. Jurisdiction ceded to United States; reservation:

1. The State of Nevada, except as hereinafter reserved and

provided, after so acquired; or

(a) Over any land in this state which has been or may be

hereafter so acquired; or

(b) Over any land in this state which has been or may be

hereafter acquired by exchange for any of the purposes stated in

section 1; and

held by the United States under lease, easement, license, use permit

or otherwise for any of the purposes stated in section 1; and

(d) Over any land in this state which has been or may be

hereafter reserved from the public domain, or other land of the United

States for any of the purposes stated in section 1;

but the jurisdiction so ceded shall continue no longer than the United

States shall own, hold or reserve such land for any of the purposes

stated in section 1.

2. The United States shall at the time of the acceptance by the

United States of the jurisdiction ceded by this act cause to be

recorded a map or drawing of the installation, and a perimeter

description thereof in the official records of the county or counties

in which the lands comprising the affected installation are situate.

SEC. 3. Taxation.--It is hereby reserved and provided by the

State of Nevada that any private property upon the lands or premises

shall be subject to taxation by the state or any legal subdivision

thereof having the right to levy and collect such tax, but any

property upon or within such premises which belongs to the government

of the United States shall be free of taxation by the state and any of

its legal subdivisions.

SEC. 4. Service of process.--The State of Nevada reserves the

right to serve or cause to be served, by any of its proper officers,

any criminal or civil process upon such land or within such premises

for any cause there or elsewhere in the state arising, where such

cause properly under the jurisdiction of the laws of this state or any

legal subdivision thereof.

SEC. 5. Supplementary act; repeal.--This act shall be deemed

supplementary to that certain act entitled "An Act providing a method

for the consent of the state to the acquisition by the United States

of America of land and water rights; providing for the tax commission

to be sole bargaining agency in matters of taxation with the federal

176

government, and matters related thereto," approved March 27, 1947,

and being chapter 108, Statutes of Nevada 1947, at page 405, and, for

the specific purposes only set forth in section 1 of this act, shall

be deemed a repeal of chapter 108, Statutes of Nevada 1947.

SEC. Effective date.--This act shall become effective upon

passage and approval.

Nevada Compiled Laws, Supplement 1943--49--

Authorizing acquisition of land by Federal Government for certain

purposes An act providing a method for the consent of the state to the

acquisition by the United States of America of land and water rights;

providing for the tax commission to be sole bargaining agency in

matters of taxation with the Federal government, and matters related

thereto

[Approved March 27, 1947, 405]

Sec. 2898.01. State consent to acquisition of land by United

States for certain purposes.--Sec. 1. The consent of the State of

Nevada to the acquisition by the United States of America of any land

or water right or interest therein in this state, except lands or

water rights located within the boundaries of established and existing

national forests, desired for any purpose expressly stated in clause

17 of section 8 of article I of the constitution of the United States,

may be given by concurrence of a majority of the members of the state

tax commission, which majority shall include the governor of the

state, upon finding that such proposed acquisition and the method

thereof and all other matters pertaining thereto are consistent with

the best interests of the state and conforms to the provisions of this

act.

Sec. 2898.02. State consent to acquisition for reclamation

projects, flood-control projects, protection of watersheds, right of

way for public roads and other purposes.--Sec. 2. The consent of the

State of Nevada in accordance with the principles set forth in

paragraph one hereof, and subject to the limitations and restrictions

of this act, may also be given by concurrence of the said majority of

the members of the state tax commission in cases where privately owned

or state-owned real property is desired by the United States for

reclamation projects, flood control projects, protection of

watersheds, right-of-way for public roads, and other purposes.

Sec. 2898.3. Right of taxation reserved.--Sec. 3. The consent

of the State of Nevada to any acquisition pursuant to section 2

hereof, shall be subject to and the state does hereby reserve the

right of taxation to itself and to its municipal corporations and

taxing agencies, and reserves to all persons now or hereafter residing

upon such land all political and civil rights, including the right of

suffrage.

Sec. 2898.06. Authority of tax commission.--Sec. 6. The

authority herein conferred upon the tax commission to give or withhold

the consent of

177

the State, shall include all acquisitions of all real property or of

rights therein, including water rights of every nature whatsoever, by

the United States including gifts.

Sec. 2898.11. Conditions and requirements of consent to

acquisition.--Sec. 11. The consent of the state in all such cases

shall be conditioned upon the following requirements having been

complied with and shall be based upon such other factors as the

commission in its discretion may take into consideration in the making

of its decision.

1. The United States, by a statute then in force and effect must

have provided, and must be ready, able, and willing to make tax

payments or in lieu of tax payments upon said premises, including the

improvements to be placed thereon at the rate that other similar

property in the county is taxed, said payments to continue so long as

the ownership of the United States continues, said tax payments to be

apportioned amongst the state and all municipal corporations and

taxing agencies thereof, which would otherwise have the right to tax

said property from time to time, if it were in private ownership. The

tax commission shall be the sole bargaining agency in matters of

taxation between the state, its political subdivisions, and the

federal government, and shall determine the ratio of distribution

among the payees which the federal government shall hereby be required

to pay; provided, however, no tax shall be demanded hereunder upon a

right-of-way for a public road or post office or for any purpose

expressly stated in article 1, section 8, clause 17, of the

constitution of the United States.

2. The board of county commissioners of each and every county to

be affected by each requested acquisition must have given it or their

written consent to said tax commission to said acquisition. Said

consent shall be expressed by resolution duly adopted an entered in

its journal.

3. The United States of America must have consented in writing

to the levying and collection of all taxes to which any business,

construction contractor, or any other enterprise or occupation

thereafter conducted or operated upon said premises would be subject

if the property were to remain in private ownership.

4. When it appears to the state tax commission and the county

commission of the county or counties affected that the purpose for

such purchase of land by the United States is to the best interests of

the general public, tax payments or in lieu tax payments may be

waived.

Sec. 2896.12. State reserves jurisdiction to serve process of

courts--civil and criminal jurisdiction of courts--civil and political

rights reserved.--Sec. 12. In granting its consent to any request or

application

178

which may be filed with the tax commission pursuant to this act, the

state reserves jurisdiction in all cases, except for acquisitions for

land desired for the purposes expressly provided for in article I,

section 8, clause 17, of the constitution of the United States and as

to such lands the state reserves the right to serve its civil and

criminal process upon persons for violations of the laws of this state

occurring elsewhere in the state; that as to all other requests and

applications for the acquisition of land by the United States under

the provisions of this act, the state reserves jurisdiction over all

offenses of a criminal nature and as to all cases arising under the

civil laws of this state committed or had upon the land so applied

for, and also reserves the right for the execution of all civil and

criminal process on such land, and the state reserves its entire power

of taxation, including that of each municipal corporation and taxing

agency upon and concerning said land, and the state reserves to all

persons residing on such land all civil and political rights,

including the right of suffrage, which they may have had were said

acquisitions not so made; provided, in all cases of acquisitions of

land under this act there shall be reserved to the state the right to

control, maintain, and operate all state highways constructed upon

such land. The reservations set forth in this section shall be

recited in the certificate provided for in section 13 hereof.

NEW HAMPSHIRE

Laws of the State of New Hampshire, 1955, chapter 223, page 333-An

act relative to jurisdiction of the United States over land within New

Hampshire

Be it enacted by the Senate and House of Representatives in General

Court convened:

1. Jurisdiction of the United States.--Amend Revised Laws, chapter

1, section 1 (section 1, chapter 123, RSA) by inserting after the word

"custom-houses" in the third line of said section, the words, military

air bases, military installations, so that said section as amended

shall read as follows: 1. Ceded to United States. Jurisdiction is

ceded to the United States of America over all lands within this state

now or hereafter exclusively owned by the United States, and used as

sites for post offices, custom-houses, military air bases, that an

accurate description and plan of the lands so owned and occupied,

verified by the oath of some officer of the United States having

knowledge of the facts, shall be filed with the secretary of this

state; and, provided, further, that this session is upon the express

condition that the state of New Hampshire shall retain concurrent

jurisdiction with the United States in and over all such lands, so far

that all civil and criminal process issuing under the

179

authority of this state may be executed on the said lands and in any

building now or hereafter erected thereon, in the same way and with

the same effect as if this statute had not been enacted; and that

exclusive jurisdiction shall revert to and revest in this state

whenever the lands shall cease to be the property of the United

States.

2. Takes effect.--This act shall take effect upon its passage.

[Approved June 23, 1955.]

NEW JERSEY

New Jersey Statutes Annotated, title 52, chapter 30, section--

52:30-1. Consent to acquisition of land by United States.--The

consent of this state is hereby given, pursuant to the provisions of

article one, section eight, paragraph seventeen, of the constitution

of the United States, to the acquisition by the United States, by

purchase, condemnation or otherwise, of any land within this state,

for the erection of dockyards, custom houses, courthouses, post

offices or other needful buildings.

52:30-2. Jurisdiction over lands acquired.--Exclusive jurisdiction

in and over any land so acquired by the United States is hereby ceded

to the United States for all purposes except the service of process

issued out off any of the courts of this state in any civil or

criminal proceeding.

Such jurisdiction shall not vest until the United States shall have

actually acquired ownership of said lands, and shall continue only so

long as the United States shall retain ownership of said lands.

52:30-3. Lands exempt from taxes.--So long as said lands shall

remain in the ownership of the United States the same shall be exempt

from all taxes, assessments, or other charges leviable by this state

or any of its municipalities.

NEW MEXICO

New Mexico Statutes, 1953, Annotated, chapter 3, article 1, section--

3-1-1. Definitions.--The provisions of chapter 41, New Mexico

Statutes Annotated, Compilation of 1929, and the amendments thereof

and this chapter shall be known as the "Election Code" and may be so

designated in this act and in any legislative act applicable thereto.

As used in this act, unless the context requires otherwise: The

words "qualified elector," "elector" or "voter" means any citizen of

the United States who at the date of the election will be over the age

of twenty-one (21) years and will have resided in the state twelve

(12) months, in the county ninety (90) days, and in the precinct in

which he offers to vote thirty (30) days, next preceding the election,

except idiots, insane persons, persons convicted of a felonious or

infamous crime unless restored to political rights.

180

Residence within the meaning of the above paragraph shall be

residence upon land privately owned, or owned by the state of New

Mexico, any county or municipalities thereof; or upon lands originally

belonging to the United States of America or ceded to the United

States of America by the state of New Mexico, any county thereof, or

any municipal corporation or private individual, by purchase, treaty,

or otherwise.

* * *

Chapter 7, article 2, sections--

7-2-2. Consent to acquisition of land for Federal purposes.--The

consent of the state of New Mexico is hereby given in accordance with

the seventeenth clause, eighth section, of the first article of the

Constitution of the United States to the accession by the United

States, by purchase, condemnation, or otherwise, of any land in this

state required for sites for custom-houses, court-houses, post-

offices, arsenals, or other public buildings whatever, or for any

other purposes of the government.

7-2-3-. Jurisdiction over Federal land--Limitations--Duration.--

Exclusive jurisdiction in and over any land so acquired by the United

States shall be, and the same is hereby, ceded to the United States

for all purposes except the service upon such sites of all civil and

criminal process of the courts of this state; but the jurisdiction so

ceded shall continue no longer than the United States shall own such

lands.

7-2-4-. Vesting of Federal jurisdiction--Tax exemption--

Limitation.--The jurisdiction ceded shall not vest until the United

States shall have acquired the title to said lands by purchase,

condemnation, or otherwise; and so long as the said lands shall remain

the property of the United States when acquired as aforesaid, and no

longer, the same shall be and continue exempt and exonerated from all

state, county, and municipal taxation, assessment, or other charges

which may be levied or imposes under the authority of this state.

Chapter 22, article 7, section--

22-7-4. Residence requirement.--The plaintiff in action for the

dissolution of the bonds of matrimony must have been an actual

resident, in good faith, of the state for one (1) year next preceding

the filing of his or her complaint; Provided, however, that in a suit

for the dissolution of the bonds of matrimony wherein the wife is

plaintiff, the residence of the husband in this state shall inure to

her benefit and she may institute such action setting up any of the

cause mentioned in section 2773 (25-701) [22-7-1] immediately after

the accrual thereof, providing her husband shall have been qualified

as to residence to military branch of the United States government who

have been continuously stationed in any military base or installation

in the state of

181

New Mexico for such period of one (1) year, shall for the purposes

hereof, be deemed residents in good faith of the state and county

where such military base or installation is located.

NEW YORK

McKinnley's Consolidated Laws of New York, Annotated, 1952, State

Law,article 4, sections--

Sec. 35. Cession of jurisdiction to lands acquired for light-house

purposes.--The jurisdiction to such tracts of land, not exceeding ten

acres, acquired by the United States for the construction and

maintenance of light-houses and keepers' dwellings before April

eighteenth, eighteen hundred sixty-one, or as shall have been acquired

since such date, or as shall be hereafter, upon the selection by an

authorized officer of the United States, the approval of the governor,

the filing in the office of the secretary of state of a description of

the boundaries thereof, with the approval of the governor indorsed

thereon, and the filing in such office of a map thereof, which map

shall be drawn with pen and India ink upon tracing cloth and shall be

otherwise inform and manner suitable to the files, records and

purposes of the office of the secretary of state, is ceded to the

United States, upon condition that the jurisdiction shall continue in

the United States so long only as the land shall be used and occupied

for the purposes of the cession, unless the consent of the state to a

different use shall have been granted. As amended L. 1939, c. 521; L.

1944, c. 600, eff. April 6, 1944.

Sec. 36. Acquisition by condemnation.--When the United States shall

have been authorized by law to acquire title to any real property

within this state, such title may be acquired by gift or grant from

the owners thereof, or by condemnation if, for any reason, the United

States is unable to agree with the owners for the purchase thereof.

Sec. 50. Consent of state to purchase of land; authority to dispose

of land to United States; record of conveyances.--1. The consent of

the state of New York is hereby given to the purchase by the

government of the United States, and under the authority of the same,

of any tract, piece or parcel of land from any individual or

individuals, bodies politic or corporate within the boundaries of this

state, for the purpose of parade or maneuver grounds, aviation fields,

navy yards and naval stations, or for the purpose of erecting thereon

lighthouses, beacons, lighthouse keepers' dwellings, hospitals,

sanatoriums, works for improving navigation, post offices, custom

houses, fortifications, or

182

buildings and structures for the storage, manufacture or production of

supplies, ordinance, apparatus or equipment of any kind whatsoever for

the use of the army or navy and any other needful buildings and

structures.

2. In addition to the consent to purchase given in subdivision one

of this section, the consent of the state is hereby given to the

acquisition by exchange, donation or otherwise by the government of

the United States, and under the authority of the same, of any tract,

piece or parcel of land from any county, city, town or village within

this state for the purpose of parade or maneuver grounds or aviation

fields, and every such county, city, town or village is hereby

authorized and empowered to sell, exchange, donate or otherwise

dispose of such tract, piece or parcel of land to the United States

for such purpose or purposes; and all deeds,conveyances or other

papers.

3. All deeds, conveyances or other papers relating to the title of

any such lands acquired by the United States as authorized in this

section shall be recorded in the office of the register, if any, or if

not in the office of the county clerk, of the county where the said

lands are situated. As amended L. 1910, c. 109, Sec. 1; L. 1911, c.

527, Sec. 1; L. 1917, c. 819, Sec. 1922, c. 14; L. 1941, c. 568, eff.

April 19, 1941.

Sec. 52. Governor may execute deed or release.--Whenever the United

States, by any agent authorized under the hand and seal of any head of

an executive department of the government of the United States, or the

administrator of veterans' affairs of the government of the United

States, shall cause to be filed in the office of the secretary of

state of the state of New York, maps or plats and descriptions by

metes and bounds of any tracts or parcels of land within this state,

which have been acquired by the United States for any of the purposes

aforesaid, and a certificate of the attorney general of the United

States that the United States is in possession of said lands and

premises for either of the works or purposes aforesaid, under a clear

and complete title the governor of this state is authorized, of he

deems it proper, to execute in duplicate, in the name of the state and

under its great seal, a deed or release of the state ceding to the

United States the jurisdiction of said tracts or parcels of land as

hereinafter provided. Such maps shall be drawn with pen and India ink

upon tracing cloth and shall be otherwise inform and manner suitable

to the files, records and purposes of the office of the secretary of

state, and show such data thereon, or in relation thereto, s may be

required by the secretary of state. As amended L. 1939, c. 521; L.

1944, c. 600; L. 1946, c. 839, eff. April 17, 1946.

Sec. 53. Concurrent jurisdiction as to service of process.--The

said jurisdiction so ceded shall be upon the express condition that

the state

183

of New York shall retain concurrent jurisdiction with the United

States on and over the property and premises so conveyed, so far as

that all civil and criminal process,which may issue under the laws or

authority of the state of New York,may be executed thereon in the same

way and manner as if such jurisdiction had not been ceded, except so

far as such process may affect the real or personal property of the

United States.

Sec. 54. Exemption of property from State taxation.--The said

property shall be and continue forever thereafter exonerated and

discharged from all taxes, assessments and other charges, which may be

levied or imposes under the authority of this state; but the

jurisdiction hereby ceded and the exemption from taxation hereby

granted, shall continue in respect to said property so long as the

same shall remain the property of the United States, and be used for

the proposes aforesaid, and no longer.

Sec. 55. Delivery and filing of deeds and releases.--One of the

deeds or releases so executed in duplicate shall be delivered to the

duly authorized agent of the United States, and the other deed or

release shall be filed and recorded in the office of the secretary of

state of the state of New York; and said deed or release shall become

valid and effectual only upon such filing and recording in said

office. As amended L. 1909, c. 240, Sec. 76, eff. April 22, 1909.

Sec. 56. Statement to be published in session lance.--The secretary

of state shall cause to be printed in the session laws of the year

succeeding the filing in his office of said deed, a statement of the

date of the application of the United States for said deed and a copy

of the description of the lands so conveyed or ceded, together with

the date of the recording of said deed in the office of the said

secretary of state.

Sec. 57. Article not to apply to Orange County; exception.--This

article shall not apply to the county of Orange, except with respect

to a certain tract, piece or parcel of land in the town of Newburgh in

such county containing two hundred twenty-one and eight-tenths acres

more or less, commonly known and designated both as Newburgh airport

and as Stewart field, and except with respect to additional lands

adjoining and contiguous to such airport and field, as now

constituted, aggregating not more than one thousand acres, and also

except width respect to lands in the town of Cornwall adjoining and

contiguous to lands in such town now owned by the United States and to

state highway number eighty-five hundred, part one, aggregating not

more than two and one-half acres. As amended L. 1940, c. 214; L.

1941, c. 178, eff. March 27, 1941.

Sec. 58. Lands to be acquired; commission.--Whenever any lands,

structures or waters, situated within the boundaries of this state,

are,

184

in the judgment of the governor, necessary for purposes of public

defense, or for other public purposes incidental thereto including

public highway purposes, the estates, titles and interests in and to

such lands, structures or waters, belonging to or vested in any

person, corporation or municipality, may be acquired by the state as

provided in this article. If any of such lands are, in the judgment

of the governor, needed for public highway purposes leading to, from,

across or around such appropriated lands, such estate as may in his

judgment be necessary therefor may be acquired in such strips of

lands, not exceeding one hundred feet in width, as in his judgment are

needed for such purposes. The governor shall, whenever lands,

structures or waters, to be designated by him, are required for such

purposes, direct the adjutant-general, attorney-general, and the

superintendent of public works, to take such actions and institute

such proceedings as may be necessary to acquire such lands and

easements in the name and for the benefit of the people of the state.

Such officers when so directed are in each instance hereby constituted

a temporary commission for the purpose of acquiring title to the lands

so designated and the structures and waters thereon. Added L. 1917,

c. 13; amended L. 1917, c. 130; L. 1928, c. 380, eff. March 16, 1928.

Sec. 59-c. Searches of title.--The attorney-general shall furnish

to the commission all searches necessary to prove the title to the

lands taken as provided in this article. The expense of making such

searches shall be paid from the treasury out of the funds appropriated

therefor, on the audit and warrant of the comptroller. Added L. 1917,

c. 13; amended L. 1917, c. 13; amended L. 1917, c. 130; L. 1928, c.

380, eff. March 16, 1928.

Sec. 59-d. Searches of title.--The attorney-general shall furnish

to the commission all searches necessary to prove the title to the

lands taken as provided in this article. The expense of making such

searches shall be paid from the treasury out of the funds appropriated

therefor, on the audit and warrant of the comptroller. Added L. 1917,

c. 130; amended L. 1928, c. 380, Sec. 2, eff. March 16, 1928.

Sec. 59-e. Deed or release of land so acquired to United States.--

The governor may, if requested by any officer or agent of the United

States duly authorized under the hand and seal of any head of an

executive department of the government of the United States, execute a

deed or release to the government of the United States of the lands

and the structures and waters thereon, described in the survey and map

filed in the office of the secretary of state as hereinbefore

provided, excepting and reserving therefrom an easement for public

highway

185

purposes in and over the lands acquired for highway purposes pursuant

to this article. Such deed or release may be so executed at any time

after the commission shall have entered upon and taken possession of

such lands, structures and waters. Such deed or release shall be in

the form agreed upon by the governor and the proper representative of

the government of the United States and shall convey title to the

lands, structures and waters described therein to the government of

the United States, to be used for purposes of public defense and shall

cede to the United States the jurisdiction over the tracts or parcels

of land so described, to the extent and in the manner hereinafter

provided. Such deed or release shall be executed in duplicate in the

name of the state and under its great seal. One of such duplicates

shall be filed and recorded in the office of the secretary of state of

the state of New York, and the other shall be delivered to the proper

executive department of the government of the United States. Formerly

Sec. 59-d, added L. 1917, c. 13; renumbered 59-e and amended L. 1917,

c. 130, eff. April 4, 1917.

Sec. 59-f. Concurrent jurisdiction as to service of process.--The

jurisdiction so ceded shall be upon the express condition that the

state of New York shall retain concurrent jurisdiction with the United

States on and over the property and premises so conveyed, so far as

that all civil and criminal process, which may issue under the laws or

authority of the state of New York, may be executed thereon in the

same manner as if such jurisdiction had not been ceded, except so far

as such process may affect the real or personal property of the United

States. Formerly Sec. 59-e, added by L. 1917, c. 13; renumbered 59-f,

L. 1917, c. 130, eff. April 4, 1917.

Sec. 59-g. Exemption of property from State taxation.--The property

so conveyed and released to the United States shall be exempted from

all taxes, assessments and other charges, which may be levied or

imposed under the authority of this state; but the jurisdiction hereby

ceded and the exemption from taxation hereby granted shall continue in

respect to such property so long as the same shall remain the property

of the United States and be used for purposes of public defense, and

no longer. Formerly Sec. 59-f, added L. 1917, c. 13; renumbered 59-g,

L. 1917, c. 130, eff. April 4, 1917.

Sec. 59-h. Statement to be published in session laws.--The

secretary of state shall cause to be printed in the session laws of

the year succeeding the filing in his office of deed, a statement of

the date of the filing of the survey and map of the lands, structures

and waters so appropriated, and a copy of the deed or release of the

lands, structures and waters so conveyed or ceded, together with the

date of the recording of said deed or release in the office of the

department of state.

186

Formerly Sec. 59-g, added L. 1917, c. 13; renumbered 59-h, L. 1917, c.

130; amended L. 1928, c. 380, Sec. 3, eff. March 16, 1928.

General Municipal Law, article 11, section--

Sec. 210. United States may acquire land in cities.--The United

States is hereby authorized to acquire by condemnation, purchase or

gift in conformity with the laws of this state, one or more pieces of

land not exceeding two acres in extent, in any city or village of this

state, for the purpose of erecting and maintaining thereon a public

building for the accommodation of post offices and other governmental

offices in any such city or village.

Sec. 211. Certified copy of transfer to be filed.--Whenever the

United States, by any agent authorized under the hand and seal of any

head of an executive department of the government of the United

States, shall cause to be filed in the office of the secretary of

state of this state, maps and descriptions by metes and bounds of any

such pieces of land which had been acquired by the United States for

the purposes specified in section two hundred and ten of this article,

exclusive jurisdiction, except as provided in section two hundred and

twelve, is thereupon ceded to the United States shall be or remain the

owner thereof. Such maps shall be drawn with pen and India ink upon

tracing cloth and shall be otherwise in form and manner suitable to

the files, records and purposes of the office of the secretary of

state, and show such data thereon, or in relation thereto, as may be

required by the secretary of state. As amended L. 1939, c. 520; L.

1944, c. eff. April 9, 1944.

Sec. 212. Jurisdiction of state not affected.--The jurisdiction

ceded to the United States as prescribed by this article shall not

prevent the execution on the land acquired for the purposes specified

in section two hundred and ten of any process civil or criminal,

issued under the authority of the state, except as such process might

affect the property of the United States thereon.

NORTH CAROLINA

The general Statutes of North Carolina (Recompiled 1950), chapter

104, article 1, sections--

Sec. 104-1. Acquisition of lands for specified purposes authorized;

concurrent jurisdiction reserved.--The United States is authorized, by

purchase or otherwise, to acquire title to any tract or parcel of land

in the State of North Carolina, not exceeding twenty-five acres, for

the purpose of erecting thereon any custom house, courthouse, post

office, or other building, including lighthouses, lightkeeper's

dwellings, lifesaving stations, buoys and coal depots and buildings

connected therewith, or for the establishment of a fish-cultural

station

187

and the erection thereon of such buildings and improvements as may be

necessary for the successful operations of such fish-cultural station.

The consent to acquisition by the United States is upon the express

condition jurisdiction with the United States over such lands as that

all civil and criminal process issued from the courts of the State of

North Carolina may be executed thereon in like manner as if this

authority had not been given, and that the State of North Carolina

also retains authority to punish all violations of its criminal laws

committed on any such tract of land. (1970-1, c. 44, s. 5; Code, ss.

3080, 3083; 1887, c. 136; 1899, c. 10; Rev., s. 542; C. S., s. 8053.)

Sec. 104-2. Unused lands to revert to State.--The consent given in

Sec. 104-1 is upon consideration of the United States building

lighthouses, lighthouse-keepers' dwellings, lifesaving stations,

buoys, coal depots, fish stations, post offices, custom houses, and

other buildings connected therewith, on the tracts or parcels of land

so purchased, or that may b purchased; and that the title to land so

conveyed to the United States shall revert to the State unless the

construction of the United States shall revert to the State unless the

construction of the aforementioned buildings be completed thereon

within ten years from the date of the conveyance from the grantor.

(1080-1, c. 44, s. 5; Code, ss, 3080, 3083; 1887, c. 136; 1899, c. 10;

Rev. s. 5426; C. S., s. 8054.)

Sec. 104-3. Exemption of such lands from taxation.--The lots,

parcels, or tracts of land acquired under this chapter, together with

the tenements and appurtenances for the purpose mentioned in this

chapter, shall be exempt from taxation. (1870-1, c. 44, s. 3; Code,

s. 3082; Rev., s. 5428; C.S., s. 8055.)

Sec. 104-6. Acquisition of lands for river and harbor improvement;

reservation of right to serve process.--The consent of the legislature

of the State is hereby given to the acquisition by the United States

of any tracts, pieces, or parcels of land within the limits of the

State, by purchase or condemnation, for use as sites for locks and

dams, or for any other purpose in connection with the limits of the

State, by purchase or condemnation, for use as sites for locks and

dams, or for any other purpose in connection with the improvement of

rivers and harbors within and on the borders of the State. The

consent hereby given is in accordance with the seventeenth clause of

the eighth section of the first article of the Constitution of the

United States, and with the acts of Congress in such cases made and

provided; and this State retains concurrent jurisdiction with the

United States over any lands acquired and held in pursuance of the

provisions of this section, so far as that all civil and criminal

process issued under authority of any law of this State may be

executed in any part of the premises so acquired, or the buildings or

structures thereon erected. (1907, c. 681; C.S., s. 8058.)

188

Sec. 104-7. Acquisition of lands for public buildings; cession of

jurisdiction; exemption from taxation.--The consent of the State is

hereby given, in accordance with the seventeenth clause, eighth

section, of the first article of the Constitution of the United

States, to the acquisition by the United States, by purchase,

condemnation, or otherwise, of any land in the State required for the

sites for custom houses, courthouses, post offices, arsenals, or other

public buildings whatever, or for any other purposes of the

government.

Exclusive jurisdiction in and over any land so acquired by the

United States shall be and the same is hereby ceded to the United

States for all purposes except the service upon such sites of all

civil and criminal process of the courts of this State; but the

jurisdiction so ceded shall continue no longer than the said United

States shall own such lands. The jurisdiction ceded shall not vest

until the United States shall have acquired title to said lands by

purchase, condemnation, or otherwise.

So long as the said lands shall remain the property of the United

States when acquired as aforesaid, and no longer, the same shall be

and continue exempt and exonerated from all State, county, and

municipal taxation, assessment, or other charges which may be levied

or imposed under the authority of this State. (1907, c. 25; C.S., s.

8059.)

Sec. 104-8. Further authorization of acquisition of land.--The

United States is hereby authorized to acquire lands by condemnation or

otherwise in this State for the purpose of preserving the navigability

of navigable streams and for holding and administering such lands for

national park purposes: Provided, that this section and Sec. 104-9

shall in nowise affect the authority conferred upon the United States

and reserved to the State in Secs. 104-5 and 104-6. (1925, c. 152, s.

1.)

Sec. 104-9. Condition of consent granted in preceding section.--

This consent is given upon condition that the State of North Carolina

shall retain a concurrent jurisdiction with the United States is and

over such lands so far that civil process in all cases, and such

criminal process as may issue under the authority of the State of

North Carolina against any person charged with the commission of any

crime, without or within said jurisdiction, may be executed thereon in

like manner as if this consent had not been given. (1925, c. 152, s.

2.)

Chapter 113, article 9, section--

Sec. 113-113. Legislative consent jurisdiction made a misdemeanor.--

The consent of the General assembly of North Carolina is hereby given

to the making by the Congress of the United States, or under its

authority, of all such rules and regulations as the federal government

shall determine to be needful in respect to game animals, game and

189

non-game birds, and fish on such lands in the western part of North

Carolina as shall have been, or may hereafter be, purchased by the

United States under the terms of the act of Congress of March first,

one thousand nine hundred and eleven, entitle "An act to enable any

state to co-operate with any other state or states, or with the United

States, for the protection of the watersheds of navigable streams, and

to appoint a commission for the acquisition of lands for the purposes

of conserving the navigability of navigable rivers" (36 U.S. Stat. at

Large, p. 961), and acts of Congress supplementary thereto and

amendatory thereof, and in or on the waters thereon.

Nothing in this section shall be construed as conveying the

ownership of wild life from the State of North Carolina or permit the

trapping, hunting or transportation of any game animals, game or non-

agency, department or instrumentality of the United States government

or agents thereof, on the lands in North Carolina, as shall have been

or may hereafter be purchased by the United States under the terms of

any act of Congress, except in accordance with the provisions of

article 7 of this subchapter.

Any person, firm or corporation, including employees or agents of

any department or instrumentality of the United States government,

violating the provisions of this section shall be guilty of a

misdemeanor and shall be punished in the discretion of the court.

(1915, c. 205; C.S. c. 2099; 1939, c. 79, Secs. 1, 2.)

NORTH DAKOTA

Constitution of North Dakota, article XVI, section--

Sec. 204. Jurisdiction is ceded to the United States over the

military reservations of Fort Abraham Lincoln, Fort Buford, Fort

Pembina and Fort Totten hereto fore declared by the president of the

United States; provided, legal process, civil and criminal, of this

state, shall extend over such reservation in all cases in which

exclusive jurisdiction is not vested in the United States, or of

crimes not committed within the limits of such reservations.

North Dakota Revised Code of 1943, title 54, chapter 54-01,

sections--

54-0106 Jurisdiction over property in State; limitations.--The

sovereignty and jurisdiction of this state extends to all places

within its boundaries as established by the constitution, but the

extent of such jurisdiction over places that have been or may be ceded

to, or purchased or condemned by, the United States, is qualified by

thee terms of such cession or the laws under which such purchase or

condemnation has been or may be made.

190

54--107. Legislative consent to purchase of lands by United States;

Jurisdiction.--The legislative assembly consents to the purchase or

condemnation by the United States of any tract within this state for

the purpose of erecting forts, magazines, arsenals, and other needful

buildings, upon the express condition that all civil process issued

from the courts of this state, and such criminal process as may issue

under the authority of this state against any person charged with

crime, may be served and executed thereon in the same manner and by

the same officers as if the purchase or condemnation had not been

made.

54-0108. Jurisdiction ceded to lands acquired by United States for

military post.--Jurisdiction is ceded to the United States over any

tact of land that may be acquired by the United States on which to

establish a military post. Legal process, civil and criminal, of this

state, shall extend over all land acquired by the United States to

establish a military post in any case in which exclusive jurisdiction

is not vested in the United States, and in any case where the crime is

not committed within the limits of such reservation.

OHIO

Baldwin's Ohio Revised Code, Annotated, 1953, chapter 159, section--

159.01 (13768). Acquisition of title to land by United States.--

Whenever it is necessary for the United States to acquire title to a

tract of land in this state for any purpose, and the state gives its

consent to such acquisition, the United States may acquire such land

by appropriation; and for such purpose the "Act prescribing the mode

of assessment and collection of compensation to the owners of private

property appropriated by and to the use of corporations," passed April

23, 1872, and all acts amendatory thereof, are hereby made applicable,

and said United States may pay the cost, including such reasonable

attorney fees as are allowed by the court, to the person whose

property is sought to be appropriated, and refuse to make the

appropriation, if in their judgment the compensation assessed is too

great to justify the appropriation.

159.03 (13770). Consent of state given to acquisition by United

States of land required for Government purposes.--The consent of the

state is hereby given, in accordance with clause 17, Section 8,

Article I, United States Constitution, to the acquisition by the

United States, by purchase, condemnation, or otherwise, of any land in

this

191

state required for sites for custom houses, courthouses, post offices,

arsenals, or other public buildings whatever, or for any other

purposes of the government.

159.04 (13771). Exclusive jurisdiction over land ceded to the

United States; exceptions.--Exclusive jurisdiction in and over any

land acquired by the United States under section 159.03 of the Revised

Code is hereby ceded to the United States, for all purposes except the

service upon such sites of all civil and criminal process of the

courts of this state. The Jurisdiction so ceded shall continue no

longer than the said United States owns such lands.

159.05 (13772). Jurisdiction shall vest; voting.--The jurisdiction

ceded under section 159.04 of the Revised Code shall not vest until

the United States has acquired title to the lands by purchase,

condemnation, or otherwise. As long as the lands remain the property

of the United States they are exempt and exonerated from all state,

county, and municipal taxation, assessment, or other charges which may

be levied or imposed under the authority of this state. Sections

159.03 to 159.06, inclusive, of the Revised Code do not prevent any

officers, employees, or inmates of any national asylum for disabled

volunteer soldiers located on any such land over which jurisdiction is

ceded, who are qualified voters of this state from exercising the

right of suffrage at all township, county, and state elections in any

township in which such national asylum is located.

Chapter 3503, section--

3503.03 (4785-32). Inmates of soldier's homes.--Infirm or disabled

soldiers who are inmates of a national home for such soldiers, who are

citizens of the United States and have resided in this state one year

next preceding any election, and who are otherwise qualified as to age

and residence within the county and township shall have their lawful

residence in the county and township in which such home is located.

OKLAHOMA

Oklahoma Statutes Annotated, title 29, section--

Sec. 604. National Forest Lands--Rules and regulations of Federal

Government.--The consent of the State of Oklahoma be and hereby is

given to the making by Congress of the United States or under its

authority, of all such rules and regulations as the Federal Government

may determine to be needful in respect to game animals, game and

nongame birds and fish on or in and over National Forest Lands within

the State of Oklahoma. Laws 1951, p. 90, Sec. 604.

Title 80, sections--

Sec. 1. State's consent to acquisition of lands by United States.--

The consent of the State of Oklahoma is hereby given, in accordance

with

192

the seventeenth clause, eighth section, of the first article of the

Constitution of the United States, to the acquisition by the United

States, by purchase, condemnation or otherwise, of any land in this

state required for sites for custom houses, post offices, arsenals,

forts, magazines, dockyards, military reserves, forest reserves, game

preserves, national parks, irrigation or drainage projects, or for

needful public buildings or for any other purposes for the government.

(R.L., 1910, Sec. 3190; Laws 1915, ch. 46, Sec. 1.)

Sec. 2. Jurisdiction ceded to United States over lands acquired.--

Exclusive jurisdiction in and over any lands so acquired by the United

States shall be, and the same is hereby ceded to the United States for

all purposes except the service upon such sites of all civil and

criminal process of the courts of this State; but the jurisdiction so

ceded shall continue no longer than the said United States shall own

such lands. (R. L. 1910, Sec. 3191.)

Sec. 3. Vesting of jurisdiction--Exemption of lands from taxation.--

The jurisdiction ceded shall not vest until the United States shall

have acquired the title of said lands by purchase, condemnation or

otherwise; and so long as the said lands shall remain the property of

the United States, when acquired as aforesaid, and no longer, the same

shall be and continue exempt and exonerated from all State, county and

municipal taxation, assessment, or other charges which may be levied

or imposed under the authority of this State. (R. L. 1910, Sec. 3192.)

OREGON

Oregon Revised Statutes, 1953, chapter 272, sections--

272.020 Conveyance of site to United States for aid to navigation;

jurisdiction.--Whenever the United States desires to acquire title to

land belonging to the state, and covered by the navigable waters of

the United States, within the limits hereof, for the site of

lighthouse, beacon or other aid to navigation, and application is

made by a duly authorized agent of the United States, describing the

site required for one of such purposes, the Governor may convey the

title to the United States, and cede to the United States jurisdiction

over the same; provided, no single tract shall contain more than 10

acres. The State of Oregon shall retain concurrent jurisdiction, so

far that all process, civil or criminal, issuing under the authority

of the state, may be executed by the proper officers thereof upon any

person amenable to the same within the limits of land so ceded, in

like manner and to life effect as if this section had never been

passed.

272.030 Acquisition of land for Federal buildings; jurisdiction.--

Consent hereby is given to the United States to purchase or otherwise

acquire any lands within the State of Oregon for the purpose of

193

erecting thereon any needful public buildings, under authority of any

Act of Congress. The United States may enter upon and occupy any such

lands which may be purchased or otherwise acquired, and shall have the

right of exclusive jurisdiction over the same except that all process,

civil or criminal, issuing under authority of the laws of the State of

Oregon, may be executed by the proper officers thereof upon any person

amenable to the same within the limits of the land so acquired, in

like manner and to the same effect as if this section had not been

passed.

PENNSYLVANIA

Purdon's Pennsylvania Statues Annotated (1953), title 74, section--

Sec. 1. Jurisdiction of state ceded to the United States, in

certain cases.--The jurisdiction of this State is hereby ceded to the

United States of America over all such pieces or parcels of land, not

exceeding ten acres in anyone township, ward or city, or borough,

within the limits of this State, as have been or shall hereafter be

selected and acquired by the United States for the purpose of erecting

post offices, custom houses or other structures, exclusively owned by

the general government, and used for its purposes: Provided, That an

accurate description and plan of such lands, so acquired, verified by

the oath of some officer of the general government having knowledge of

the facts, shall be filed with the Department of Internal Affairs of

this State, as soon as said United States shall have acquired

possession of the same.

All such descriptions and plans heretofore filed with the Secretary

of the Commonwealth shall, as soon as it may conveniently be done, be

transferred to the Department of Internal Affairs, and the Department

of Internal Affairs shall give to the Secretary of the Commonwealth

proper receipts for such descriptions and plans.

The jurisdiction so ceded to the United States of America is granted

upon the express condition that the Commonwealth of Pennsylvania shall

retain concurrent jurisdiction,, with the United States in and over

the lands and buildings aforesaid, in so far that civil process in al

cases, and such criminal process as may issue under the authority of

the Commonwealth of Pennsylvania against anyone charged with crime

committed outside said land, may be executed thereon in the same

manner as if this jurisdiction so long as the said land shall be used

for the purposes for which jurisdiction is ceded and no longer.

The jurisdiction so ceded to the United States shall be upon the

further condition that the Commonwealth reserves to itself and its

194

political subdivisions whatever power of taxation it may

constitutionally reserve, to levy and collect all taxes now or

hereafter imposed by the Commonwealth and its political subdivisions

upon property, persons, and franchises within the boundaries so ceded.

1883, June 13, P. L. 118; Sec. 1; 1905, March 17, P.L. 45, Sec. 1;

1933, May 2, P.L. 223, Sec. 1945, April 17, P.L. 235, Sec. 1.

Sec. 11. Consent to acquisition of lands for dams, locks, etc., by

the United States.--Whenever the United States shall make an

appropriation, and shall be about to begin the improvement of any of

the navigable waters within the state of Pennsylvania, by means of

locks and permanent and moveable dam or dams with adjustable chutes,

the consent of the state of Pennsylvania, through the governor

thereof, is hereby given to the acquisition by the United States, by

purchase, or by condemnation in the manner hereinafter provided, of

any lands, buildings or other property, necessary for the purposes of

erecting thereon dams, abutments, locks, lockhouses, chutes and other

necessary structures for the construction and maintenance of slack

water navigation on said rivers, and the United States shall have,

hold, use and occupy the said land or lands, buildings, or other

property, when purchased or acquired as provided by this act, and

shall exercise jurisdiction and control over the same, concurrently

with the state of Pennsylvania. 1887, May 18, P.L. 121, Sec. 1.

RHODE ISLAND

Rhode Island General Laws of 1938 (Annotated), title 1, chapter 1,

section--

Sec. 2. The jurisdiction of the state shall extend to, and embrace,

all places within the boundaries thereof, except as to those p;aces

that have been ceded to the United States, or have been purchased by

the United States with the consent of the state, Provided, however,

with respect to all land, the jurisdiction over which shall have been

ceded to the United States by the State of Rhode Island, the said

State of Rhode Island shall have and hereby does retain concurrent

jurisdiction with the United States of and over said land, for the

sole and only purpose of serving and executing thereon civil and

criminal process issuing by virtue of and under the laws and authority

of the State of Rhode Island.

Sec. 4. The premises described in the preceding section shall be

exempt from all taxes and assessments and other charges which may be

levied or imposed under the authority of said state and shall so

continue to be exempt as long as said property shall remain the

property of the United States and no longer. (P.L.,1919, Ch. 1717.)

195

Title 1, chapter 2, section--

Sec. 1. The consent of the state of Rhode Island is given to the

purchase by the government of the United States, or under the

authority of the same, of any tract, piece, or parcel of land from any

person within the limits of the state for the purpose of erecting

thereon post-offices, lighthouses, beacon-lights, range-lights, life-

saving stations, and lightkeepers' dwellings, and other needful public

buildings or for the location, construction, or prosecution of forts,

fortifications, coast defenses, and appurtenances thereto, or for the

location and maintenance of any cable-lines, landing-places, terminal

stations, and other needful buildings connected therewith for weather-

bureau purposes, or for the establishment of navel stations or coal

depots, or the section of buildings, piers, wharves, or other

structures for naval uses, or for the establishment of fish or lobster

cultural stations or hatcheries, or the erection or construction of

other needful buildings connected therewith or for the erection or

construction of piers, wharves, dams, or other structures for use in

connection with said fish or lobster cultural stations or hatcheries;

and all deeds, conveyances, or title papers for the same shall be

recorded, as in other cases, upon the land records of the town in

which the land so conveyed may lie; the consent herein given being in

accordance with the 17th clause of the 8th section of the first

article of the constitution of the United States and with the acts of

congress in such cases made and provided. (P.L., 1926, Chap. 805,

amending P. L., 1918, Chap. 1608.)

Sec. 2. The lots, parcels, or tracts of land so selected, together

with the tenements and appurtenances for the purposes before

mentioned, shall be held exempt from taxation by the State of Rhode

Island.

Sec. 5. Whenever it shall be made to appear to the superior court,

upon the application of any authorized agent of the United States,

that said United States is desirous of purchasing any tract of land,

and the right of way thereto, within the limits of this state, for the

erection of a light-house, beacon-light, range-light, life-saving

station, or lightkeeper's dwelling, or for the location, construction,

or prosecution of forts, fortifications, coast defenses and

appurtenances thereto, and that the owner of said land is unknown,

nonresident, or a minor, or from any other cause is incapable of

making a perfect title to said lands, or in case the said owners,

being residents and capable of conveying, shall, from disagreement in

price, or from any other cause, refuse to convey said lands to the

United States the said court shall order notice upon said application

to be published in the newspaper published nearest the place where the

land lies, also in a newspaper published in Newport, and in a

newspaper published in Providence, once in each week for the space of

4 months, which notice shall contain

196

an accurate description of the said lands, together with the names of

the owners, or supposed owners, and shall require all persons

interested in said lands to appear on a day and at a place to be

specified in said notice, and to make their objections, if any they

have, to having the lands condemned to the United States for the use

aforesaid. Whereupon, the said court shall proceed to empanel a jury,

as in other cases, to appraise the value of said lands, as their fair

market value, and all damages sustained by the owners thereof by the

appropriation thereof by the United States for the purpose aforesaid;

which award, when so assessed, with the entire courts of said

proceedings, shall be paid into the general treasury of the state, and

thereupon the sheriff of the county in which such land lies, upon the

production of the v), of the general treasurer that the said amount

has been paid, shall execute to the United States, and deliver to

their authorized agent, a deed of the said lands, reciting the

proceedings in said cause, which said deed shall convey to the United

States a good and absolute title to the said lands for the purposes

aforesaid, against all persons whatsoever.

Sec. 9. All civil and criminal u issued under the authority of this

state or of any department, division or officer thereof may be served

and executed on any lot, piece, parcel or tract of land acquired by

the United States as aforesaid under the authority of this chapter,

and in any buildings or structures that may be erected thereon, in the

same manner as if jurisdiction had not been ceded as aforesaid. (P.

L. 1935, Ch. 2199.)

SOUTH CAROLINA

Code of Laws of South Carolina, 1952, Annotated, title 28, chapter

1, article 3, section--

Sec. 28-40. Consent to Congress making rules and regulations.--The

consent of the General Assembly is hereby given to the making by the

Congress of the United States, or under its authority, of all such

rules and regulations as the Federal government shall determine to be

needful in respect to game animals, game birds, non-game birds and

fish on such lands and waters in the State as shall have been, or may

hereafter be, purchased by the United States under the terms of the

act of Congress of March 1, 1911, entitle "An Act to Enable any State

to Cooperate with any other State or States, with the United States

for the Protection of the Watersheds of Navigable Streams and to

Appoint Commission for the Acquisition of Lands for the Purpose of

Conserving the Navigability of Navigable Rivers" (36 United States

Statutes at Large, page 961) and acts of Congress supplementary

thereto and amendatory thereof. (Acts 1922, p. 106.)

197

Title 39, chapter 2, article 1, section--

Sec. 39-51. General consent to acquire lands.--The consent of this

State is hereby given, in accordance with the seventeenth clause,

eighth section, of the first article of the Constitution of the United

States, to the acquisition by the United States by purchase,

condemnation, or otherwise of any land in this State required for

sites for custom houses, court houses, post offices, arsenals or other

public buildings whatever or for any other purposes of the government.

1942 Code Sec. 2042; 1932 Code Sec. 2042; 1908 (25) 1127.

Sec. 39-52. Jurisdiction over such lands; service of process.--

Exclusive jurisdiction in and over any land so acquired by the United

States pursuant to the consent given by Sec. 39-51 shall be, and the

same is hereby, ceded to the United States for all purposes except the

service upon such sites of all civil and criminal process of the

courts of this State. The jurisdiction so ceded shall continue no

longer than the United States shall own such lands.

1942 Code Sec. 2042; 1932 Code Sec. 2042; 1908 (25) 1127.

Sec. 39-53. Jurisdiction not to vest until title acquired.--The

jurisdiction ceded in any case pursuant to Sec. 39-52 shall not vest

until the United States shall have acquired the title to any such

lands by purchase condemnation or otherwise.

1942 Code Sec. 2042; 1932 Code Sec. 2042; 1908 (25) 1127.

Sec. 39-54. Exemption from taxation.--So long as any land acquired

by the United States pursuant to the consent given by Sec. 39-51 shall

remain the property of the United States, and no longer, such lands

shall be and continue exempt and exonerated from all State, county and

municipal taxation, assessments or other charges which may be levied

or imposed under the authority of this State.

1942 Code Sec. 2042; 1932 Code Sec. 2042; 1908 (25) 1127.

Sec. 39-61. Land purchased for arsenals and magazines.--In addition

to the authority granted with respect to arsenals by article 1 of this

chapter the United States or such person as may be by it authorized

may purchase in any part of this State that may be thought most

eligible the fee simple of any quantity of land, not exceeding two

thousand acres, for the purpose of erecting arsenals and magazines

thereon.

1942 Code Sec. 2043; 1932 Code Sec. 2043; Civ. C. '22 Sec. 5; Civ.

C. '12 Sec. 5; Civ. C. '02 Sec. 4; G. S. 4; R. S. 4; 1795 (5) 260.

198

Sec. 39-62. Valuing lands if parties cannot agree. If the person

whose land may be chosen for the above mentioned purpose should not be

disposed to sell it or if the persons appointed to make the purchase

should not be able to agrees upon terms with such owner of such land,

it shall be valued, upon oath, by a majority of persons to be

appointed by the court of common pleas of the county where such land

is situated for that purpose and the land shall be vested in the

Untied States upon the amount of such valuation to the owner of such

land.

1942 Code Sec. 2044; 1932 Code Sec. 2044; Civ. C. '22 Sec. 6; Civ.

C. '12 Sec. 6; Civ. C. '02 Sec. 5; R.S. 5; 1795 (5) 260.

Sec. 39-63. Concurrent jurisdiction retained by State over such

lands.--Such land, when purchased, and every person and officer

residing or employed thereon, whether in the service of the United

States or not, shall be subject and liable to the government of this

State and the jurisdiction, laws and authority thereof. The United

States shall exercise no more authority or power within the limits of

such land than it might have done before acquiring it or than may be

necessary for the building, repairing or internal government of the

arsenals and magazines thereon to be erected and the regulation and

the management thereof and of the officers and persons by them to be

employed in or about the same.

1942 Code Sec. 2045; 1932 Code Sec. 2045; Civ. C. '22 Sec. 7; Civ.

C. '12 Sec. 7; Civ. C. '02 Sec. 6; G. S. 6; 1795 (5) 260.

Sec. 39-64. Exemption from taxation.--Such lands shall forever be

exempt from any taxes to be paid to this State.

1942 Code Sec. 2045; 1032 Code Sec. 2045; Civ. C. '22 Sec. 7; Civ.

C. '12 Sec. 7; Civ. C. '12 Sec. 6; G. S. 6; 1795 (5) 260.

Chapter 2, article 3, sections--

Sec. 39-71. Power of Governor to convey or cede tracts.--Whenever

the United States desires to acquire title to land belonging to the

State and covered by the navigable waters of the United States, within

the limits thereof, for the site of a lighthouse, beacon or other aid

to navigation and application is made by a duly authorized agent of

the United States, describing the site required for one of the

purposes aforesaid, the Governor may convey the title to the United

States and cede to the United States jurisdiction over such land;

provided, that no single tract so conveyed shall contain more than ten

acres.

1942 Code Sec. 2047; 1932 Code Sec. 2047; Civ. C. '22 Sec. 9; Civ.

C. '12 Sec. 9; Civ. C. '02 Sec. 8; G. S. 8; R. S. 8; 1874 (15) 790.

199

Sec. 39-72. Concurrent jurisdiction; service of process.--The State

shall retain concurrent jurisdiction so far that all process, civil or

criminal, issuing under the authority of the State, may be executed by

the proper officers thereof upon any person amenable to such process

within the limits of land so ceded in like manner and to like effect

as if this article had never been enacted.

1942 Code Sec. 2047; 1932 Code Sec. 2047; Civ. C. '22 Sec. 9; Civ.

C. '12 Sec. 9; Civ. C. '02 Sec. 8; G. S. 8; R. S. 8; 1874 (15) 790.

Chapter 2, Article 4, Sections--

Sec. 39-81. Jurisdiction ceded.--The jurisdiction of the State is

hereby ceded to the United States over so much land as is necessary

for the public purposes of the United States; provided, that the

jurisdiction hereby ceded shall not vest until the United States shall

have acquired the title to the lands by grant or deed from the owner

thereof and the evidences thereof shall have been recorded in the

office where, by law, the title to such land is recorded. The United

States is to retain such jurisdiction so long as such lands shall be

used for the purposes aforementioned and no longer.

1942 Code Sec. 2048; 1932 Code Sec. 2048; Civ. C. '22 Sec. 10; Civ.

C. '12 Sec. 10; Civ. C. '02 Sec. 9; G. S. 9; R. S. 9; 1871 14 535.

Sec. 39-82. Retention of certain jurisdiction; service of process.-

-Such jurisdiction is granted upon the express condition that the

State shall retain a concurrent jurisdiction with the United States in

and over such lands, so far as that civil process in all cases not

affecting the real or personal property of the United States and such

criminal or other process as shall issue under the authority of the

State against any person charged with crimes or misdemeanors committed

within or without the limit of such lands may be executed therein in

the same way and manner as if no jurisdiction had been hereby ceded.

1942 Code Sec. 2048; 1932 Code Sec. 2048; Civ. C. '22 Sec. 10 Civ.

P. '12 Sec. 10; Civ. C. '02 Sec. 9; G. S. 9; R. S. 9; 1871 (14) 535.

Sec. 39-83. Exemption from taxation.--All lands and tenements which

may be granted to the United States pursuant to the provisions of Sec.

39-81 shall be and continue, so long as the same shall be used for the

purposes in said section mentioned discharged from all taxes,

assessments and other charges which may be imposed under the authority

of the State.

1942 Code Sec. 2049; 1932 Code Sec. 2049; Civ. C. '22 Sec. 11; Civ.

C. '12 Sec. 11; Civ. C. '02 Sec. 10; G. S. 10; 1871 (15) 536.

200

SOUTH DAKOTA

Constitution of South Dakota, article XXVI, section 18, paragraph--

FIFTH. That jurisdiction is ceded to the United States over the

military reservations of Fort Meade, Fort Randall and Fort Sully,

heretofore declared by the President of the United States: Provided

legal process, civil and criminal, of this state shall extend over

such reservations in all cases of which exclusive jurisdiction is not

vested in the United States, or of crimes not committed within the

limits of such reservations.

These ordinances shall be irrevocable without the consent of the

United States, and also the people of the said state of South Dakota,

expressed by their legislative assembly.

South Dakota Code of 1939, chapter 55.01, section--

55.0101 Sovereignty and jurisdiction: extent and limitations.--The

sovereignty and jurisdiction of this state extends to all territory

within its established boundaries except as to such places wherein

jurisdiction is expressly ceded to the United States by the state

Constitution, or wherein jurisdiction has been heretofore or may be

hereafter ceded to the United States, with the consent of the people

of this state, expressed by their Legislature and the consent of the

United States.

55.0102 United States government: jurisdiction; authority to

acquire land; purchase or condemnation; concurrent rights, service of

process state and federal government.--The people of this state by

their Legislature consent to the purchase or condemnation, by the

United States, in the manner prescribed by law, of any tract of land

within this state owned by any natural person or private corporation,

required by the United States for any public building, public work, or

other public purpose; provided that in the case of public buildings

such tract shall not exceed ten acres in extent.

Jurisdiction is ceded to the United States over any tract of land

acquired under the provisions of this section to continue only so long

as the United States shall own and occupy such tract. During which

time the same shall be exempt from all taxes, assessments, and other

charges levied or imposed under authority of the state.

The consent and jurisdiction mentioned in this section are given and

ceded upon the express condition that all civil and criminal process,

issued from the court of this state, may be served and executed in and

upon any tract of land so acquired by the United States, in the same

manner and by the same officers as if such purchase or condemnation

had not been made, except in so far as such process may affect the

real or personal property of the United States.

201

55.0107 General cession of jurisdiction to United States: property

acquired by donation or otherwise for public purposes; acquired grants

confirmed; concurrent jurisdiction for service of process retained.--

Jurisdiction of the lands and their appurtenances which have been or

may be acquired by the United States through donations from this state

or other states or private persons or which may have been acquired by

exchange, purchase, or condemnation by the United States for use of

the National Sanitarium in Fall River county; Fish Lake in Aurora

county; Wind Cave National Park: the Bad Lands National Monument or

Park, and for other public purposes of the United States is hereby

ceded to the United States and all such prior grants or donations of

this state are hereby confirmed; provided however, that all civil or

criminal process, issued under the authority of this state or any

officer thereof, may be executed on such lands and in the buildings

which may be located thereon in the same manner as if jurisdiction had

not been ceded.

TENNESSEE

Williams Tennessee Code, Annotated, 1934,, part I, title 2, chapter

1, article II, section--

96-82 (70). Sovereignty is coextensive with boundary.--The

sovereignty and jurisdiction of the state is coextensive with the

boundaries thereof, but the extent of such jurisdiction over places

that have been or may be ceded to the United States is qualified by

the terms of such cession.

98-99. [Repealed.]

COMPLIER'S NOTE.--Section 1, Acts 1943, ch. 10, repealed these

sections, the same being the general acts of cession.

Section 2, Acts 1943, ch. 10, provides: "As to any lands heretofore

acquired by the United States Government, the map or plans of which

and description by metes and bounds has not been filed in the county

court clerk's office of the county in which the same was situated, by

the date of the passage of this act, the same shall not be permitted

to be filed. It is the purpose of this act to terminate definitely on

the date of its passage any further or additional cession of

jurisdiction of property to the United States under the provisions of

Code sections 98 and 99. Jurisdiction over property in respect to

which Code sections 98 and 99 have not been fully complied with shall

not be treated or deemed as ceded and it is specifically provided that

section 12 of the Code, or any similar section, shall have no

application to the provisions and requirements of this act."

Emergency Clause.--Section 3, Acts 1943, ch. 10 declared an

emergency.

202

Part I, title 3, chapter 7A, article V, section--

1012.33. Acknowledgments, affidavits, etc., of members of the armed

forces taken before commissioned officers thereof.--As use in this act

the term "armed forces" shall include all persons serving in the army,

navy and marine corps of the United States.

2. In addition to the acknowledgment of instruments and the

performance of other notarial acts in the manner and form and as

otherwise provided by law, instruments may be acknowledged, documents

attested, oaths and affirmations administered, depositions and

affidavits executed, and affirmations administered, depositions and

affidavits executed, and other notarial acts performed in connection

with any pleading or other instrument to be filed or used in any court

in this state, before or by any commissioned officer in active service

of the armed forces of the United States, with the rank of ensign or

higher, in the navy or coast guard, or with equivalent rank in any

other component part of the armed forces of the United States.

3. Such acknowledgment of instruments, attestation of documents,

administration of oaths and affirmations, execution of depositions and

affidavits, and performance of other notarial acts as aforesaid,

heretofore or hereafter made or taken, are hereby declared legal,

valid and binding, and instruments and documents so acknowledged,,

authenticated, or sworn to, shall be admissible in evidence and

eligible to record in this state under the same circumstances, and

with the same force and effect, as if such acknowledgment,

attestation, oath, affirmation, deposition, affidavit or other

notarial act as aforesaid, had been made or taken within this state

before or by a duly qualified officer or official as otherwise

provided by law. Provided the validation of such instruments shall

apply only to those executed since the first day of November, 1940.

4. In the taking of acknowledgments and the performing of other

notarial acts requiring certification, a certificate endorsed upon or

attached to the instrument or documents, which shows the date of the

notarial act and which states, in substance, that the person appearing

before the officer acknowledged the instrument as his act, or made or

signed the instrument or document under oath, shall be sufficient for

all intents and purposes. The instrument or document shall not be

rendered invalid by the failure to state the place of execution or

acknowledgment.

If the signature, rank and branch of service or subdivision thereof

of any such commissioned officer appear upon such instrument or

203

document, or certificate, no further proof of the authority of such

officer so to act shall be required, and such action by such

commissioned officer shall be prima facie evidence that the person

making such oath or acknowledgment is within the purview of this act.

(1945, ch. 5, secs. 1-4.)

Part I, Title 5, Chapter 1, Article IV, Section--

1085 689 (542). Exemptions enumerated.--The property herein

enumerated shall be exempt from taxation:

(1) Public property.--All property of the United States, all

property of the State of Tennessee, or any county, or of any

incorporated city, town, or taxing district in the state that is used

exclusively for public, county or municipal purposes. (1907, ch. 602,

sec. 2.)

Part III, title 2, Chapter 15A, Section--

9572.18. Who may petition for adoption and change of name; joinder

of spouse.--(1) Any person over twenty-one years of age may petition

the chancery court to adopt a minor child and may pray for a change of

the name of such child. If the petitioner has a husband or wife

living, competent to join in the petition, such spouse shall join in

the petition.

(2) Provided, however, that if the spouse of the petitioner is a

natural parent of the child to be adopted, such spouse need not join

in the petition but need only to give consent as provided herein.

(3) Provided further, that the petitioner or petitioners shall have

resided in Tennessee, or on federal territory within the boundaries of

Tennessee for one year next preceding the filing of the petition.

(1951, ch. 202, sec. 4.)

Public Statutes of the State of Tennessee, 1858-71--

Cemeteries

1866-7.--Chapter XLLIV

Whereas, In the late bloody sacrifice to restore and maintain to

the people of Tennessee the imperiled free institutions of our

fathers, more than fifty-five thousand of our fallen patriots were

buried in our State, and the government of our common Union has

provided appropriate cemeteries for the remains of these victims of

rebellion, and requires that these cemeteries be held sacred under the

protection of the nation; therefore,

* * *

SEC. 2. That the exclusive jurisdiction over all tracts and parcels

of land, with the buildings and appurtenance belonging to the same,

204

including the quarters for officers, keepers, guards, or soldiers in

charge of the same and the premises connected therewith, now, or at

any time hereafter purchased, used or occupied by the United States,

their officers or agents, for cemeteries or burial places, within the

limits of this State, is hereby ceded to the United States; and

whenever such premises shall be no longer required, used, or occupied

by the United States, the jurisdiction of such abandoned property may

revert to the State of Tennessee.

SEC. 3. The property over which jurisdiction is ceded herein, shall

be held exonerated and free from any taxation or assessment under the

authority of this State, or of any municipality therein, until the

jurisdiction shall have reverted; ;and the title and possession to

said cemeteries, grounds, buildings, and appurtenances, shall be

protected to the United States; and no process of any court shall be

permitted against the same, or to dispossess the officers or agents of

the United States thereof, without restricting any just claim for

damages or value in the forum or mode provided by the United States

for prosecuting the same.

SEC. 4. That any malicious, willful, reckless, or voluntary injury

to, or mutilation of the graves, monuments, fences, shrubbery,

ornaments, walks, or buildings of any of said cemeteries, or burial

places, or appurtenances, shall subject the offender or offenders,

each, to a fine of not less than twenty dollars; to which may be

added, for an aggravated offense, imprisonment, not exceeding six

months, in the county jail or workhouse, to be prosecuted before any

court of competent jurisdiction.

TEXAS

Vernon's Annotated Constitution of the State of Texas, article 16,

section--

SEC. 34. The Legislature shall pass laws authorizing the Governor

to lease, or sell to the Government of the United States, a sufficient

quantity of the public domain of the State necessary for the erection

of forts, barracks, arsenals, and military stations, or camps, and for

other needful military purposes; and the action of the Governor

therein shall be subject to the approval of the Legislature.

Vernon's Annotated Revised Civil Statutes of the State of Texas

(revision of 1955), title 85--

ART. 5242. 5252 Authorized uses.--The United States Government

through its proper agent, may purchase, acquire, hold, own, occupy and

possess such lands within the limits of this State as it deems

expedient and may seek to occupy and hold as sites on which to erect

and

205

maintain lighthouses, forts, military stations, magazines, arsenals,

dock yards, customhouses, post offices and all other needful public

buildings, and for the purpose of erecting and constructing locks and

dams, for the straightening of streams by making cutoffs, building

levees, or for the erection of any other structures, or improvements

that may become necessary in developing or improving the waterways,

rivers and harbors of Texas and the consent of the Legislature is

hereby expressly given to any such purchase or acquisition made in

accordance with the provisions of this law. Acts 1905, p. 101.

ART. 5244. 5271 Immediate occupancy.--Upon the filing of the award

of the commissioners with the county judge, if the United States

Government shall deposit the amount of the award of the commissioners,

together with all costs adjudged against the United States, they may

proceed immediately to the occupancy of the said land and to the

construction of their said improvements without awaiting the decision

of the county court. Id.

ART. 5244A. Municipal corporations and political subdivisions or

districts; conveyances to United States in aid of navigation, flood

control, etc.; prior conveyances validated.--SECTION 1. When any

County one or more of the boundaries of which is coincident with any

part of the International Boundary between the United States and

Mexico, or any County of such described class, and when any City,

Town, Independent School District, Common School District, Water

Improvement District, Water Control and Improvement District,

Navigation District, Road District, Levee District, Drainage District,

or any other municipal corporation, political subdivision or District

organized and existing under the Constitution and laws of this State,

which may be located within any County of such described class, may be

the owner of any property, land, or interest in land desired by the

United States of America to enable any department or establishment

thereof to carry out the provisions of any Act of Congress in aid of

navigation, flood control, or improvement of water courses, and in

order to accomplish the purposes specified in Article 3242 of the 1925

Revised Statutes of Texas, any such County, City, Town, or other

municipal corporation, political subdivision, or District of this

State is hereby authorized and empowered, upon request by the United

States through its proper officers for conveyance of title or

206

easement to any part of such property, land, or interest in land,

which may be necessary for the construction, operation, and

maintenance of such works, to convey the same with or without monetary

consideration therefor to the United States of America, or to any

other of the political subdivisions herein enumerated which by

resolution of its governing body may have heretofore agreed or may

thereafter agree to acquire and convey the same, for ultimate

conveyance to the United States of America and all such conveyances

heretofore made are hereby ratified and confirmed. Provided that

nothing in this Act is intended, nor shall this Act cede any of the

rights of the Arroyo-Colorado Navigation District of Cameron and

Willacy Counties, which District was formed in 1927 under the Acts of

the Thirty-ninth Legislature, from dredging, widening, straightening,

or otherwise improving the Arroyo-Colorado and all other lakes, bays,

streams or bodies of water within said Navigation District or

adjacent or appurtenant thereto, as a Navigation Project or the

construction of turning basins, yacht basins, port facilities,

reserving to said District all rights conferred by law in developing

said Navigation Project and all improvements incident, necessary or

convenient thereto.

SEC. 2. If any section, word, phrase, or clause in this Act be

declared unconstitutional for any reason, the remainder of this Act

shall not be affected thereby. Acts 1937, 45th Leg., p. 145, ch. 77.

ART. 5244A-2. Commissioners' Courts Authorized to convey land to

United States for flood control near Mexican boundary.--SECTION 1.

The Commissioners' Court of any county one or more of the boundaries

of which is coincident with any part of the International Boundary

between the United States and Mexico, or any county contiguous to any

such county,which may have entered into an agreement with the United

States of America to acquire and upon request convey to the United

States, with or without monetary consideration, land or interest in

land desired by the United States to enable any department or

establishment thereof to carry out the provisions of any Act of

Congress in aid of navigation, irrigation, flood control, or

improvement of water courses, and in order to accomplish the purposes

specified in Article 5242 of the 1925 Revised Statutes of Texas, is

hereby authorized and empowered, upon request by the United States

through its proper officers for conveyance of title to land or

interest in land, which may be necessary for the construction,

operation,and maintenance of such works, to secure by gift, purchase

of by condemnation, for ultimate conveyance to the United States, the

land or interest in land described in such request from the United

States, and to pay for

207

the same out of any special flood-control funds or any available

county funds. Provided, that in the event of condemnation by the

county the procedure shall be the same as that set out in Title 52,

Articles 3264 to 3271 inclusive, Revised Civil Statutes of Texas of

1925, and Acts amendatory thereof, and supplementary thereto;

Provided, further, that at any time after the award of the Special

Commissioners the county may file a declaration of taking signed by

the County Judge,after proper resolution by the Commissioners' Court,

declaring that the lands, or interest therein, described in the

original petition are thereby taken for a public purpose and for

ultimate conveyance to the United States. Said declaration shall

contain and have annexed thereto--

(1) A description of the land taken sufficient for the

identification thereof.

(2) A statement of the estate or interest in said land taken, and

the public use to be made thereof.

(3) A plan showing the lands taken.

(4) A statement of the amount of damage awarded by the Special

Commissioners, or, by the jury on appeal for the taking, of said land.

SEC. 2. Upon the filing of said declaration of taking with the

County Clerk and the deposit of the amount of the award in money with

the County Clerk, subject to the order of the defendant, and the

payment of the costs, if any, awarded against the county, title in fee

simple, or such less estate or interest therein specified in said

declaration, shall immediately vest in the county, and said land shall

by deemed to be condemned and taken for the uses specified, and may be

forthwith conveyed to the United States and the right to just

compensation for the same shall vest in the persons entitled thereto;

and said compensation shall be ascertained and awarded in said eminent

domain proceeding and established by judgment therein against the

county filing the said declaration; provided, further, that no appeal

from such award nor service of process by publication shall have the

effect of suspending the vesting of title in said county and the only

issue shall by the question as to the amount of damages due to the

owner from said county for the appropriation of said lands or interest

therein for such public purpose. Acts 1939, 46th Leg., p. 482.

ART. 5245. 5273, 372, 331. State land.--When this State may be

the owner of any land desired by the United States for any purpose

specified in this title, the Governor may sell such land to the United

States, and upon payment of the purchase money therefor into the

Treasury, the Land Commissioner, upon the order of the Governor, shall

issue a patent to the United States for such land in like manner

208

as other patents are issued. Acts 1854, p. 192; P.D. 5450; G. L. vol.

3, p. 1546.

ART. 5246. 5274, 373, 332. To record title.--All deeds of

conveyances, decrees, patents, or other instruments vesting title in

lands within this State in the United States, shall be recorded in the

land records of the county in which such lands, or a part thereof, may

be situate, or in the county to which such county may be attached for

judicial purposes and until filed for record in the proper county they

shall not take effect as to subsequent purchasers in good faith, for a

valuable consideration, and without notice. Acts 1871, p. 19; P. D.

7693, G. L. Vol. 6, p. 921.

ART. 5247. 5275-6. Federal jurisdiction.--Whenever the United

States shall acquire any lands under this title and shall desire to

acquire constitutional jurisdiction over such lands for any purpose

authorized herein, it shall be lawful for the Governor, in the name

and in behalf of the State, to cede to the United States exclusive

jurisdiction over any lands so acquired, when application may be made

to him for that purpose, which application shall be in writing and

accompanied with the proper evidence of such acquisition, duly

authenticated and recorded, containing or having annexed thereto, and

accurate description by metes and bounds of the lands sought to be

ceded. No such cession shall ever be made except upon the express

condition that this State shall retain concurrent jurisdiction with

the United States over every portion of the lands so ceded, so far,

that all process, civil or criminal issuing under the authority of

this State or any of the courts or judicial officers thereof, may be

executed by the proper officers of the State, upon any person amenable

to the same within the limits of the land so ceded, in like manner and

like effect as if no such cession had taken place; and such condition

shall be inserted in such instrument of cession. Acts 1849, p.12;

G.L. vol. 3, p. 450.

ART. 5248. 5277, 376, 335. Exempt from taxation.--The United

States shall be secure in their possession and enjoyment of all lands

acquired under the provisions of this title; and such lands and all

improvements thereon shall be exempt from any taxation under the

authority of this State so long as the same are held, owned, used and

occupied by the United States for the purposes expressed in this title

and not otherwise; provided, however, that any personal property

located on said lands which is privately owned by any person, firm,

association of persons or corporation shall be subject to taxation by

this State and its political subdivisions; and provided, further, that

209

any portion of said lands and improvements which is used and occupied

by any person, firm, association of persons or corporation in its

private capacity, or which is being used or occupied in the conduct of

any private business or enterprise, shall be subject to taxation by

this State and its political subdivisions. As amended Acts 1950, 51st

Leg., 1st C. S., p. 105, ch. 37, Sec. 1.

Emergency. Effective March 17, 1950.

ART. 5248c. Counties authorized to convey lands to the United

States.--SECTION 1. That any county having title to a plot of ground

used for public purposes which is of area in excess of the needs of

the county for its public purposes may sell, at private sale, for any

fair consideration, and approved by its Commissioners Court, such

excess area or any part thereof to the United States of America under

the provisions of the Statutes of the United States of America

authorizing the acquisition of sites for public buildings. The

Commissioners Court of any county is hereby invested with full power

to determine whether such excess of area exists, and the extent to

which such excess may be sold and conveyed for any such purpose.

SEC. 2. All conveyances to the United States of America under the

provisions of this Act must be authorized by the Commissioners Court

of the county by an order entered upon its minutes in which it shall

describe the portion of such plot of public ground to be conveyed, the

consideration to be paid and shall direct that the County Judge of

such county execute in the name of the county by him as County Judge a

conveyance to the United States of America and make due delivery

thereof upon payment of such consideration to its proper officer,

which conveyance shall be in such form and contain such covenants and

warranties as may be in such form and contain such covenants and

warranties as may be prescribed by said Commissioners Court.

SEC. 3. That all proceedings and orders heretofore had and made by

the Commissioners Court of any county undertaking to sell and provided

for the conveyance of a part or part of any plot of ground such as is

described in Section 1 hereof to the United States of America,

pursuant to any advertisement by its officers inviting proposals to

sell site for any public building be and the same are hereby

validated, and legalized, as well as any deed executed and delivered

or hereafter executed and delivered carrying out any such sale.

SEC. 3a. Provided, however, said Commissioners Court shall

incorporate in any deed of conveyance to the United States of America

a provision reserving concurrent jurisdiction over said lands for the

46th Leg., p. 138.

210

Utah Code Annotated 1953, title 20, chapter 2, section 14,

subsection--

(11) Any person living upon any Indian or military reservation

shall not be deemed a resident of Utah within the meaning of this

chapter, unless such person had acquired, a residence in some county

in Utah prior to taking up his residence upon such Indian or military

reservation.

Title 63, chapter 8, sections--

63-8-1. Jurisdiction over land acquired or leased by United States-

-Reservations by state--Duration of jurisdiction.--Jurisdiction is

hereby ceded to the United States in, to and over any and all lands or

territory within this state which lave been or may be hereafter

acquired by the United States by purchase, condemnation or otherwise

for military or naval purposes and for forts, magazines, arsenals,

dockyards and other needful buildings of every kind whatever

authorized by Act of Congress, and in, to and over any and all lands

or territory within this state now or hereafter held by the United

States under lease, use permit, or reserved from the public domain for

any of the purposes aforesaid; this state, however, reserving the

right to execute its process, both criminal and civil within such

territory. The jurisdiction so ceded shall continue so long as the

United States shall own, hold or reserve land for any of the aforesaid

purposes, or in connection therewith, and no longer.

63-8-2. Governor to execute conveyances.--The governor is hereby

authorized and empowered to execute all proper conveyances in the

cession herein granted, upon request of the United States or the

proper officers thereof, whenever any land shall have been acquired,

leased, used, or reserved from the public domain for such purposes.

63-8-4. Concurrent jurisdiction with United States.--The state of

Utah retains concurrent jurisdiction, both civil and criminal, with

the United States over all lands affected by this act.

VERMONT

The Vermont Statutes, Revision of 1947, title 3, chapter 4,

sections--

60. Concurrent jurisdiction reserved.--When, pursuant to article

one, section eight, clause seventeen of the Constitution of the United

States, consent to purpose is given and exclusive jurisdiction ceded

to the United States in respect to and over any lands within this

state which shall be acquired by the United States for the purposes

described in such clause of the Constitution, such jurisdiction shall

211

continue so long as the lands are held and occupied by the United

States for public purposes; but concurrent jurisdiction is reserved

for the execution upon such lands of all process, civil or criminal,

issued by the courts of the state and not incompatible with the

cession. The deed or other conveyance of such land to the United

States shall contain a description of such lands by metes and bounds

and shall be recorded in the town clerk's office of the town in which

such lands lie or an accurate map or plan and description by metes and

bounds of such lands shall be filed in such clerk's office.

P. L. Sec. 51. G. L. Sec. 40. 1917, No. 254, Sec. 44. 1910, No. 1,

Sec. 2. P. S. Sec. 38. V. S. Sec. 2207. 1891, 15, Sec. 1.

61. Consent to purchase.--Subject to the provisions of section 60,

consent to purchase is hereby given and exclusive jurisdiction is

ceded to the United States in respect to and over so much land as the

United States has or may acquire for the purposes described in article

one, section eight, clause seventeen of the Constitution of the United

States. However, with respect to land hereafter sought to be acquired

by the United States for flood control purposes or for other needful

buildings as specified in such clause of the Constitution of the

United States, the consent of the state shall not be deemed to have

been given unless and until such land has been acquired by the state

and conveyed to the United States in the manner provided by chapter

241 with respect to public works projects and with the written

approval of the governor.

1939, No. 2, Sec. 1. P. L. Sec. 52. G. L. Sec. 41. 1917, No. 254,

Sec. 45. 1910, No. 1, Sec. 1.2.

VIRGINIA

Code of Virginia, 1950, Annotated, title 7, chapter 3, sections--

Sec. 7-17. Lands acquired for various purposes.--The United States,

having by consent of the General Assembly purchased, leased, or

obtained jurisdiction over various parcels of land in this State for

the erection of forts, magazines, arsenals, dockyards and other

needful buildings, for national cemeteries, for conservation of

forests and natural resources, and for various other purposes, and the

transfers of the property and jurisdiction authorized by the several

acts of the Assembly under which the cessions were made being subject

to certain terms and conditions therein expressed, and under certain

restrictions, limitations and provisions therein set forth, it is

hereby declared that this State retains concurrent jurisdiction with

the United States over the said aces, so far as it lawfully can,

consistently with the acts of Assembly before-mentioned, and its

courts, magistrates and officers may take such cognizance, execute

such process, and discharge such

212

other legal functions within and upon the same as may not be

incompatible with the true intent and meaning of such acts of

Assembly. (Code 1919, Sec. 17.)

Sec. 7-18. Sites for lighthouses or other aids to navigation.--

Whenever the United States desires to acquire title to, or to lease

land, whether under water or not, belonging to the State for the site

of a lighthouse, beacon, life-saving station, or other aid to

navigation, and application is made by a duly authorized agent of the

United States, describing the site required for any of the purposes

aforesaid, the Governor of the State shall have authority to convey or

to lease, as the case may be, the site to the United States, provided,

that no single parcel shall contain more than ten acres. And it is

hereby declared that the title to the land so conveyed or leased to

the United States, and the possession thereof, shall revert to the

State, unless the construction of a lighthouse, beacon, life-saving

station, or other aid to navigation be begun within two years after

such conveyance or lease is made, and be completed within ten years

thereafter; or, if completed, the use of the site for the purpose for

which it is granted or leased by discontinued for five years

consecutively after such construction is completed.

It is expressly provided, however, that, in case of any such lease

or conveyance of any such property, there is hereby reserved in the

Commonwealth of Virginia, over all lands therein embraced, the

jurisdiction and power to levy a tax on oil, gasoline and all other

motor fuels and lubricants thereon owned by others than the United

States and a tax on the sale thereof, on such lands, except sales to

the United States for use in the exercise of essentially governmental

functions. There is further expressly reserved in the Commonwealth

the jurisdiction and power to serve criminal and civil process on such

lands and to license and regulate, or to prohibit, the sale of

intoxicating liquors on any such lands sand to tax all property,

including buildings erected thereon, not belonging to the United

States and to require licenses and impose license taxes upon any

business or businesses conducted thereon. For all purposes of

taxation and of the jurisdiction of the courts of Virginia over

persons, transactions, matters and property on such lands, the lands

shall be deemed to be a part of the county or city in which they are

situated. Any such conveyance or lease as herein provided for shall

be deemed to have been made upon the express condition that the

relations of power and limitations hereinabove provided for are

recognized as valid by the United States , and, in the event the

United States shall deny the validity of the same as to all or any

part of such lands, then, and in that event, the title and possession

of all or any such part of such lands shall immediately revert to the

Commonwealth. Over all lands leased or conveyed to the United States

by the Governor pursuant to the

213

authority herein conferred, the Commonwealth hereby cedes to the

United States the power and jurisdiction to protect such lands and all

property of the United States thereon from damage, depredation or

destruction, to regulate traffic on the highways thereon and all

necessary jurisdiction and power to operate and administer such lands

and property thereon for the purposes for which the same may be

conveyed to the United States. but the jurisdiction and power hereby

ceded to the United States shall not be construed as being in any

respect inconsistent with or as in any way impairing the jurisdiction

and powers hereinabove specifically reserved to the Commonwealth.

(Code 1919, Sec. 18; 1936, p. 609.)

Sec. 7-19. Sites for customs houses, courthouses, arsenals, forts,

naval bases, etc.--The conditional consent of the Commonwealth of

Virginia is hereby given to the acquisition by the United States, or

under its authority, by purchase, lease, condemnation, or otherwise,

of any lands in Virginia, whether under water or not, from any

individual, firm, association or body corporate, for sites for customs

houses, courthouses, arsenals, forts, naval bases, military or naval

purpose. The conditions upon which this consent is given are as

follows:

That there is hereby reserved in the Commonwealth, over all lands so

acquired by the United States for the purposes aforesaid, the

jurisdiction and power to levy a tax on oil, gasoline and all other

motor fuels and lubricants thereon owned by others than the United

States and a tax on the sale thereof, on such lands, except sales to

the United States for use in the exercise of essentially governmental

functions. There is further expressly reserved in the Commonwealth

the jurisdiction and power to serve criminal and civil process on such

lands and to license and to prohibit, the sale of intoxicating liquors

on any such lands and to tax all property, including buildings erected

thereon, not belonging to the United States and to require licenses

and impose license taxes upon any business or businesses conducted

thereon. For all purposes of taxation and of the jurisdiction of the

courts of ,D over persons, transactions, matters and property on such

lands, the lands shall be deemed to be a part of the county or city in

which they are situated. Any such acquisition by or conveyance or

lease to the United States, as is herein provided for, shall be deemed

to have been secured or made upon the express condition that the

reservations of power and limitations hereinabove provided for are

recognized as valid by the United States, and, in the event the United

States shall deny the validity of the same, as to all or any part of

such lands, then and in that event, the title and possession of all or

any such part of such lands conveyed to the United States by the

Commonwealth shall im-

214

mediately revert to the Commonwealth. Over all lands acquired by or

leased or conveyed to the United States pursuant to the conditional

consent herein conferred, the Commonwealth hereby cedes to the United

States concurrent jurisdiction, legislative, executive and judicial,

with respect to the commission of crimes and the arrest, trial and

punishment therefor, and also cedes to the United States the power and

jurisdiction to protect such lands and all property of the United

States thereon from damage, depredation or destruction, to regulate

traffic on the highways thereon and all necessary jurisdiction and

power to operate and administer such lands and property thereon for

the purposes for which the same may be conveyed to the United States,

but the jurisdiction and power hereby ceded to the United States shall

not be construed as being inn any respect inconsistent with or as in

any way impairing the jurisdiction and powers hereinabove specifically

reserved to the Commonwealth. The jurisdiction and powers hereby

ceded shall not apply to lands acquired for the purposes enumerated in

Sec. 7-21. Whenever the United States shall cease to use any of such

lands so acquired for any one or more of the purposes hereinabove set

forth, the jurisdiction and powers herein ceded shall as to the same

cease and determine, and shall revert to the Commonwealth.

Sec. 7-20. Sites for post offices, etc.--The unconditional consent

of the Commonwealth of Virginia is hereby given to the acquisition by

the United States, or under its authority, by purchase, lease,

condemnation, or otherwise, of any lands in Virginia, from any

individual, firm, association or body corporate, for sites for post

offices, or for services incidental to postal work; provided, however,

there is hereby expressly reserved in the Commonwealth the

jurisdiction and power to serve criminal and civil process on such

lands.

Whenever the United States shall cease to use any of such lands so

acquired for any one or more of the purposes hereinabove set forth,

the jurisdiction and powers herein ceded shall as to the same cease

and determine, and shall revert to the Commonwealth. (1940, p. 749;

Michie Code 1942, Sec. 19f.)

Sec. 7-21. Soldiers' homes, conservation, improvement of rivers,

harbors, etc.--The conditional consent of Commonwealth of Virginia is

hereby given to the acquisition by the United States, or under its

authority, by purchase or lease, or in cases where it is appropriate

that the United States exercise the power of eminent domain, then by

condemnation, of any lands in Virginia from any individual, firm,

association or private corporation, for soldiers' homes, for the con-

215

servation of the forests or natural resources, for the retirement from

cultivation and utilization for other appropriate use of sub-marginal

agricultural lands, for the improvement of rivers and harbors in or

adjacent to the navigable waters of the United States, for public

parks and for any other proper purpose of the government of the United

States not embraced in Sec. 7-19.

Over all lands heretofore or hereafter acquired by the United States

for the purposes mentioned in this section, the Commonwealth hereby

cedes to the United States the power and jurisdiction to regulate

traffic over all highways maintained by the United States thereon, to

protect the lands and all property thereon belonging to the United

States from damage, depredation or destruction and to operate and

administer the lands and property thereon for the purposes for which

the same shall be acquired by the United States. The Commonwealth

hereby reserves to herself all other powers and expressly and

specifically reserves the jurisdiction and power to levy a tax on oil,

gasoline and all other motor fuels and lubricants, on such lands, not

belonging to the United States, and a tax on the sale thereof on any

part of any lands acquired by the United States for the purpose

embraced in this section. The Commonwealth hereby further reserves

expressly and specifically the jurisdiction and power to tax, license

and regulate, or to prohibit, the sale of intoxicating liquors on any

such lands so acquired; to tax all property, including buildings

erected thereon, not belonging to the United States; to require

licenses and impose license taxes upon any business or businesses

conducted thereon. For all purposes of taxation and of the

jurisdiction of the courts of Virginia over persons, transactions,

matters and property on such lands, the lands shall be deemed to be a

part of the county or city in which they are situated. The above

powers enumerated as expressly and specifically reserved to the

Commonwealth shall not be construed as being in any respect

inconsistent with or impaired by the powers herein ceded to the United

States.

The Commonwealth hereby further reserves unto herself over all such

lands exclusive governmental; judicial, executive and legislative

powers, and jurisdiction in all civil and criminal matters, except in

so far as the same may be in conflict with the jurisdiction and powers

herein ceded to the United States. (1936, p. 611; Michie Code 1942,

Sec. 19c.

Sec. 7-23. Waste, unappropriated and marsh lands.--(1) Waste and

unappropriated lands.--The Governor is authorized to execute in the

name of the Commonwealth deeds conveying, subject to the

jurisdictional and other limitations and reservations contained in

Secs. 7-21 and 7-25, to the United States such title as the

Commonwealth may have

216

in waste and unappropriated lands entirely surrounded by lands owned

by the United States, when the same are certified as being vacant and

unappropriated by a duly authorized agent of the United States and are

described by metes and bounds descriptions filed with the Secretary of

the Commonwealth and with the clerk of the court in the county wherein

such unappropriated land is situated.

(2) Marsh lands in certain counties.--The Governor is authorized to

execute, in the name and on behalf of the Commonwealth, a deed or

other appropriate instrument conveying to the United States of

America, without any consideration but subject to the jurisdictional

limitations and reservations contained in Secs. 7-21 and 7-25, such

right, title and interest in or easement over and across the marshes

lying along the sea side of the counties of Accomack and Northampton

as may be necessary and proper for the construction, operation and

maintenance of a canal or channel for small boats over and through

such marsh lands. (1946, pp. 651)

Sec. 7-24. Ceding additional jurisdiction to the United States.--

(1) In addition to the jurisdiction and powers over certain lands

ceded to the United States by Secs. 7-18, 7-19 and 7-21, there is

hereby ceded to the United States concurrent jurisdiction over crimes

and offenses committed on lands acquired since March twenty-eighth,

nineteen hundred and thirty-six, and hereafter acquired by the United

States in Virginia by purchase, lease, condemnation or otherwise, for

sites for customs houses, courthouses, arsenals, forts, naval bases,

military or naval airports, or airplane landing fields, veterans

hospitals, or for any military or naval purpose, and there is hereby

ceded to the United States such additional jurisdiction and powers

over lands acquired by the United States in Virginia by purchase or

condemnation as hereinafter provided.

(2) Whenever the head or other authorized officer of any department

or independent establishment or agency of the United States shall deem

it desirable that such additional jurisdiction or powers be ceded over

any lands in Virginia acquired or proposed to be acquired by the

United States under his immediate jurisdiction, custody or control,

and whenever the Governor and Attorney General of Virginia shall agree

to the same, the Governor and Attorney General of Virginia shall agree

to the same, the Governor and Attorney General shall execute and

acknowledge a deed in the name of and under the lesser seal of the

Commonwealth ceding such additional jurisdiction. The deed shall

accurately and specifically describe the area and location of the land

over which the additional jurisdiction and powers are ceded and shall

set out specifically what additional jurisdiction and powers are

ceded, and may set out any reservations in the Con-

217

monwealth of jurisdiction which may be deemed proper in addition to

those referred to in subsection (6) hereof.

(3) In the event that the United States does not desire to accept

all or any part of the jurisdiction and powers ceded by Secs. 7-18, 7-

19 and 7-21 the deed shall set out specifically the jurisdiction and

powers which it is desired not to accept.

(4) No such deed shall become effective or operative until the

jurisdiction therein provided for is accepted on behalf of the United

States as required by section three hundred and fifty-five of the

Revised Statutes of the United States. The head or other authorized

officer of a department or independent establishment or agency of the

United States shall indicate such acceptance by executing and

acknowledging such deed and admitting it to record in the office of

the clerk of the court in which deeds conveying the lands affected

would properly be recorded.

(5) When such deed has been executed and acknowledged on behalf of

the Commonwealth and the United States, and admitted to record as

hereinbefore set forth,it shall have the effect of ceding to and

vesting in the United States the jurisdiction and powers therein

provided for and none other.

(6) Every such deed as is provided for in this section shall

reserve in the commonwealth over all lands therein referred to the

jurisdiction and power to serve civil and criminal process on such

lands and in the event that the lands or any part thereof shall be

sold or leased to any private individual, or any association or

corporation, under the terms of which sale or lease the vendee or

lessee shall have the right to conduct thereon any private industry or

business, then the jurisdiction ceded to the United States over any

such lands so sold or leased shall cease and determine, and thereafter

the Commonwealth shall have all jurisdiction and power she would have

had if no jurisdiction or power had been ceded to the United States

for purposes of national defense. It is further provided that the

reservations provided for in this subsection shall remain effective

even though they should be omitted from any deed executed pursuant to

this section.

(7) Nothing contained in this section shall be construed as

repealing any special acts ceded jurisdiction to the United States to

acquire any specific tract of land. (1940, p. 761; Michie Code 1942,

Sec. 19e.)

Sec. 7-25. Reversion to Commonwealth; recorded title prerequisite

to vesting of jurisdiction.--If the United States shall cease to be

the owner of any lands, or any part thereof, granted or conveyed to it

by the Commonwealth, or if the purposes of any such grant or

conveyance

218

of the United States shall cease, or if the United States shall for

five consecutive years fail to use any such land for the purpose of

the grant or conveyance, then, and in that event, the right and title

to such land or such part thereof, shall immediately revert to the

Commonwealth.

All deeds, conveyances or title papers for the transfer of title of

lands to the United States shall be recorded in the county or

corporation wherein the land or the greater part thereof lies, but no

tax shall be required on any such instrument made to the United States

by which they acquire lands for public purposes.

The jurisdiction ceded by Secs. 7-18, 7-19 and 7-21, shall not vest

until the United States shall have acquired the title of record to

such lands, or rights or interest therein, by purchase, condemnation,

lease or otherwise. So long s the lands, or any rights or interest

therein, are held in fee simple by the United States, and no longer,

such lands, rights or interest, as the case may be, shall continue

exempt and exonerated, from all state, county and municipal taxes

which may be levied or imposed under the authority of this State.

(1936, p. 612; Michie Code 1942, Sec. 19d.)

WASHINGTON

The Constitution of the State of Washington, article XXV,section--

Sec. 1. Authority of the United States.--The consent of the State of

Washington is hereby given to the exercise, by the congress of the

United States, of exclusive legislation in all cases whatsoever over

such tracts or parcels of land as are now held or reserved by the

government of the United States for the purpose of erecting or

maintaining thereon forts, magazines, arsenals, dockyards, lighthouses

and other needful buildings, in accordance with the provisions of the

seventeenth paragraph of the eighth section of the first article of

the Constitution of the United States, so long as the same shall be so

held and reserved by the United States. Provided: That a sufficient

description by metes and bounds, and an accurate plat or map of each

such tract or parcel of land be filed in the proper office of record

in the county in which the same is situated,together with copies of

the orders, deeds patents or other evidences in writing of the title

of the United States: and provided, that all civil process issued

from the courts of this state and such criminal process as may issue

under the authority of this state against any person charged with

crime in cases arising outside of such reservations,may be served and

executed thereon in the same mode and manner, and by the same

officers, as if the consent herein given had not been made.

219

Revised Code of Washington, 1951, 37, title 37, chapter 37.04,

sections--

37.04.010. Consent given to acquisition of land by United States.--

The consent of this state is hereby given to the acquisition by the

United States, or under its authority, by purchase, lease,

condemnation, or otherwise, of any land acquired, or to be acquired,

in this state by the United States, from any individual, body politic

or corporate, as sites for forts, magazines, arsenals, dockyards, and

other needful buildings or for any other purpose whatsoever. The

evidence of title to such land shall be recorded as in other cases.

[1939 c 126 Sec. 1; RRS Sec. 8108-1.]

37.04.020 Concurrent jurisdiction ceded-Reverter.--Concurrent

jurisdiction with this state in and over any land so acquired by the

United States shall by, and the same is hereby, ceded to the United

States, for all purposes for which the land was acquired; but the

jurisdiction so ceded shall continue no longer than the United States

shall be the owner of such land, and if the purposes of any grant to

or acquisition by the United States shall cease, or the United States

shall for five consecutive years fail to sue any such land for the

purposes of the grant or acquisition, the jurisdiction hereby ceded

over the same shall cease and determine, and the right and title

thereto shall revest in the state. The jurisdiction ceded shall not

vest until the United States shall acquire title of record to such

land. [1939 c 126 Sec. 2; RRS Sec. 8108-2.]

37.04.030. Reserved jurisdiction of state.--The state of Washington

hereby expressly reserves such jurisdiction and authority over land

acquired or to be acquired by the United States as is not inconsistent

with the jurisdiction ceded to the United States by virtue of such

acquisition. [1939 c 126 Sec. 3; RRS Sec. 8108-3.]

37.04.040. Previous cessions of jurisdiction saved.--Jurisdiction

heretofore ceded tot he United States over any land within this state

by any previous act of the legislature shall continue according to the

terms of the respective cessions: Provided, That if jurisdiction so

ceded has not been affirmatively accepted by the United States, or if

the United States has failed or ceased to use any such land for the

purposes for which acquired, jurisdiction here over shall be governed

by the provisions of this chapter. [1939 c 126 Sec. 4; RRS Sec. 8108-

4.]

37.08.010. County may aid in acquisition of land for permanent

military reservations. Whenever the Secretary of War shall agree on

behalf of the federal government, to establish in any county now or

hereafter organized in this state a permanent mobilization, training,

and supply station for any or all such military purposes as are

220

now or may be hereafter authorized or provided by or under federal

law, on condition that land in such county aggregating approximately a

designated number of acres at such location or locations as may have

been or hereafter be from time to time selected or approved by the

Secretary of War, be conveyed to the United States, with the consent

of the state of Washington, free from cost to the United States, and

the board of county commissioners of such county shall adjudge that it

is desirable and for the general welfare and benefit of the people of

the county and for the interest of the county to incur an indebtedness

in an amount sufficient to acquire land in such county aggregating

approximately the number of acres so designated at such location or

locations as have been or may be hereafter selected or approved by the

Secretary of War, and convey all of such lands to the United States to

be used by the United States for any or all such military purposes,

including supply stations, the mobilization, disciplining, and

training of the United States army, state militia, and other military

organizations as are now or may be hereafter authorized or provided by

or under federal law, such county is hereby authorized and empowered

by and through its hoard of county commissioners to contract

indebtedness for such purposes in any amount not exceeding, together

with the existing indebtedness of such county, five percent of the

taxable property of such county, to be ascertained by the last

assessment for state and county purposes previous to the incurring of

such indebtedness, whenever there-fifths of the voters of such county,

voting on the question assent thereto at an election to be held for

that purpose consistent with the general election laws, which election

may be a special or general election. [1917 c. 4 Sec. 2.]

37.08.180. Jurisdiction ceded.--Pursuant to the Constitution and

laws of the United States, and specially article 1, section 8,

paragraph 17 of such Constitution, the consent of the state of

Washington is hereby given to the United States to acquire by donation

from any county acting under the provisions hereof, title to all lands

acquired hereunder to be evidenced by the deed or deeds of scud

county, signed by the chairman of its board of county commissioners

and attested by the clerk thereof under the seal of the board; and the

consent of the state of Washington is hereby given to the exercise by

the congress of the United States of exclusive legislation in all

cases whatsoever, over such tracts or parcels of land so conveyed to

it: Provided, That upon such conveyance being concluded, a sufficient

description by metes and bounds and an accurate plat or map of each

tract or parcel of land shall be filed in the office of the auditor of

the county in which the lands are situated, together with copies

221

of the orders, deeds, patents, or other evidences in writing of the

title of the United States: Provided further, That all civil process

issued from the courts of this state, and such criminal process as may

issue under the authority of this state, against any person charged

with crime in cases arising outside of such mode and manner and by the

same officers as if the consent herein given had not been made [1917 c

4 Sec. 22.]

WEST VIRGINIA

The West Virginia Code of 1955, Annotated, chapter 1, article 1,

sections--

Sec. 3.[3] Acquisition of Lands by United States; Jurisdiction.--

The consent of this State is hereby given to the acquisition by the

United States, or under its authority, by purchase, lease,

condemnation, or otherwise, of any land acquired, or to be acquired in

this State by the United States, from any individual, body politic or

corporate, for sites for lighthouses, beacons, signal stations, post

officer, customhouses, courthouses, arsenals, soldiers' homes,

cemeteries, locks, dams, armor plate manufacturing plants, projectile

factories or factories of any kind or character, or any needful

buildings or structures or proving grounds, or works for the

improvement of the navigation of any watercourse, or work of public

improvement whatever, or for the conservation of the forests, or for

any other purpose for which the same may be needed or required by the

government of the United States. The evidence of title to such land

shall be recorded as in other cases.

Any county, magisterial district or municipality, whether

incorporated under general law or special act of the legislature,

shall have power to pay for any such tract or parcel of land and

present the same to the Government of the United States free of cost,

for any of the purposes aforesaid, and to issue bonds and levy taxes

for the purpose of paying for the same; and, in the case of a

municipal corporation, the land so purchased and presented may be

within the corporate limits of such municipality or within five miles

thereof: Provided, however, That no such county, magisterial district

or municipality shall, by the issue and sale of such bonds, cause the

aggregate of its debt to exceed the limit fixed by the Constitution of

this State: Provided further, That the provisions of the Constitution

and statutes of this State, or of the special act creating any

municipality, relating to submitting the question of the issuing of

bonds and all questions connected with the same to a vote of the

people, shall, in all respects, be observed and complied with.

Concurrent jurisdiction with this State in and over any land so

acquired by the United States shall be, and the same is hereby, ceded

222

to the United States for all purposes; but the jurisdiction so ceded

shall continue no longer than the United States shall be the owner of

such lands and if the purposes of any grant to the United States shall

cease, or the United States shall for five consecutive years fail to

use any such land for the purposes of the grant, the jurisdiction

hereby ceded over the same shall cease and determine, and the right

and title thereto shall reinvest in this State. The jurisdiction

ceded shall not vest until the United States shall acquire title of

record to such land. Jurisdiction heretofore ceded to the United

States over any land within this State by any previous acts of the

legislature shall continue according to the terms of the respective

cessions. (1881, c. 20 Sec. 4; 1909, c. 61; 1917, 2nd Ex. Sess., c.

5; Code 1923, c. 1, Sec. 4.)

Sec. 4. [4] Execution of Process and Other Jurisdiction as to Land

Acquired by United States.--The States of West Virginia reserves the

right to execute process civil or criminal within the limits of any

lot or parcel of land heretofore or hereafter acquired by the United

States as aforesaid, and such other jurisdiction and authority over

the same as is not inconsistent with the jurisdiction ceded to the

United States by virtue of such acquisition (1881, c. 20 Sec. 5; Code

1923, c. 1 Sec. 5.)

WISCONSIN

Wisconsin Statutes, 1953, title 1, chapter 1, sections--

1.01. State sovereignty and jurisdiction.--The sovereignty and

jurisdiction of this state extend to all places within the boundaries

thereof as declared in the constitution, subject only to such rights

of jurisdiction as have been or shall be acquired by the United States

over any places therein; and it shall be the duty of the governor, and

of all subordinate officers of the state, to maintain and defend its

sovereignty and jurisdiction. Such sovereignty and jurisdiction are

hereby asserted and exercised over the St. Croix river from the

eastern shore thereof to the center or thread of the same, and the

exclusive jurisdiction to obstruct the navigation of said river east

of the center or thread thereof, or to enter upon the same and build

piers, booms or other fixtures, or to occupy any part of said river

east of the center or thread thereof for the purpose of sorting or

holding logs, is denied; such acts can only be authorized by the

concurrent consent of the legislature of this state.

1.02. United States sites and buildings.--Subject to the conditions

mentioned in section 1.03 the legislature hereby consents to the

acquisition heretofore, effected and hereafter to be effected by he

United States, by gift, purchase or condemnation proceedings, of the

title to places or tracts of land within the state; and, subject to

said conditions,

223

the state hereby grants, cedes and confirms to the United States

exclusive jurisdiction over all such places and tracts. Such

acquisitions are limited to the following purposes:

(1) To sites for the erection of forts, magazines, arsenals,

dockyards, custom houses, courthouses, post offices, or other public

buildings or for any purpose whatsoever contemplated by the

seventeenth clause of section eight of article one of the constitution

of the United States.

(2) To all land now or hereafter included within the boundaries of

Camp McCoy in townships 17, 18 and 19 north, ranges 2 and 3 west, near

Sparta, in Monroe county, to be used for military purposes as a target

and maneuvering range and such other purposes as the department of the

army may deem necessary and proper.

(3) To erect thereon dams, abutments, locks, lockkeepers'

dwellings, chutes, or other structures necessary or desirable in

improving the navigation of the rivers or other waters within and on

the borders of this state.

(4) To the SW 1/4 of the NE 1/4 of section 6, township 19 north,

range 2 west of the fourth principal meridian to be used for military

purposes as a target and maneuvering range and such other purposes as

the department of the army may deem necessary and proper.

HISTORY: 1953 c. 548, 549.

1.03 Concurrent jurisdiction over United States sites;

conveyances.--The conditions mentioned in section 1.02 are the

following conditions precedent:

(1) That an application setting forth an exact description of the

place or tract so acquired shall be made by an authorized officer of

the United States to the governor, accompanied by a plat thereof, and

by proof that all conveyances and a copy of the record of all judicial

proceedings necessary to the acquisition of an unincumbered title by

the United States have been recorded in the office of the register of

deeds of each county in which such place or tract may be situated in

whole or in part.

(2) That the ceded jurisdiction shall not vest in the United States

until they shall have complied with all the requirements on their part

of sections 1.02 and 1.03, and shall continue so long only as the

place or tract shall remain the property of the United States.

(3) That the state shall forever retain concurrent jurisdiction

over every such place or tract to the extent that all legal and

military process issued under the authority of the state may be served

anywhere thereon, or in any building situate in whole or in part

thereon.

1.04. United States sites exempt from taxation.--Upon full

compliance by the United States with the requirements of sections 1.02

and 1.03, relating to the acquisition of any place or tract within the

state

224

the governor shall execute in duplicate, under the great seal, a

certificate of such consent given and of such compliance with said

sections, one of which shall be delivered to such officer of the

United States and the other filed with the secretary of state. Such

certificate shall be sufficient evidence of such consent of the

legislature and of such compliance with the conditions specified. All

such places and tracts after such acquisition and while owned by the

United States, shall be and remain exempt from all taxation and

assessment by authority of the state.

1.05. United States sites for aids to navigation.--Whenever the

United States shall desire to acquire title to any land belonging to

the state and covered by the navigable waters of the United States,

for sites for lighthouses, beacons, or other aids to navigation, the

governor may, upon application therefor by any authorized officer of

the United States, setting forth an exact description of the place

desired, and accompanied by a plat thereof, grant and convey to the

United States, by a deed executed by him in the name of the state and

under the great seal, all the title of the state thereto; and such

conveyance shall be evidence of the consent of the legislature to such

purchase upon the conditions specified in section 1.03.

WYOMING

Wyoming Compiled Statutes, 1945, Annotated, chapter 24, article 8,

section--

24-801. Acquisition of lands by purchase or condemnation--

Reservation of mineral rights.--The United States shall be and is

authorized to acquire by purchase or condemnation or otherwise, any

land in this State required for public buildings, custom houses,

arsenals, national cemeteries, or other purposes essential to the

National Defense in necessary use of said land by armed naval, air or

land forces, or land to be physically occupied by the Boysen Dam, its

reservoir, power plant and distribution systems, or lands to be

physically occupied by dams, reservoirs, power plants and distribution

systems in United States Reclamation Service Projects, and the State

of Wyoming hereby consents thereto, provided that the mineral content

of lands so acquired, if owners thereof so elect, shall be reserved to

such owners. [Laws 1897, ch. 17, Sec. 1; R.S. 1899, Sec. 2657; C.S.

1910, Sec. 697; C.S. 1920, Sec. 810; R.S. 1931, Sec. 118-101; Laws

1941, ch. 97, Sec. 1.]

24-802. Jurisdiction ceded to United States.--The jurisdiction of

the State of Wyoming in and over any land so acquired by the United

States shall be, and the same is hereby [Secs. 24-801--24-804] ceded

to the United States, but the jurisdiction so ceded shall continue no

longer than the said United States shall own he said land. [Laws

225

1897, ch. 17, Sec. 2; R.S. 1899, Sec. 2658; C.S. 1910, Sec. 698; C.S.

1920, Sec. 811; R.S. 1931, Sec. 118-102.]

24-803. Jurisdiction retained by state in certain cases.--The said

consent is given and the said jurisdiction ceded upon the express

condition that the state of Wyoming shall retain concurrent

jurisdiction with the United States in and over the said land, so far

as that all civil process, in all cases, and such criminal and other

process as may issue under the laws or authority of the state of

Wyoming against any person or persons charged with crimes or

misdemeanors committed within said state, may be executed therein in

the same way and manner as if such process may affect the real or

personal property of the United States. [Laws 1897, ch. 17, Sec. 3;

R.S. 1899, Sec. 2659; C.S. 1910, Sec. 699; C.S. 1920, Sec. 812; R.S.

1931, Sec. 118-103.]

24-804. When jurisdiction vests.--The jurisdiction hereby ceded

shall not vest until the United States shall have acquired the title

to the said lands by purchase or condemnation or otherwise, and so

long as the said land shall remain the property of the United States

when acquired as aforesaid, and no longer, the same shall be and

continue exonerated from all taxes, assessments and other charges

which may be levied or imposed under the authority of this state.

[Laws 1897, ch. 17, Sec. 4; R.S. 1899, Sec. 2660; C.S. 1910, Sec. 700;

C.S. 1920, Sec. R.S. 1931, Sec. 118-104.]

GENERAL STATUES GRANTING CONSENT OF STATES TO PURCHASE OF LANDS UNDER

THE MIGRATORY BIRD CONSERVATION ACT [1] (16 U.S.C. 715-715r)

Alabama.--The Code of Alabama, 1940, title 8, section 110.

Arkansas.--Arkansas Statutes, 1947, section 10-1111.

California.--Deering's California Codes, Fish and Game Code division

3, chapter 5, section 375-380.

Colorado.--Colorado Revised Statutes, 1953, chapter 142, article 1,

section 142-1-2.

Connecticut.--The General Statutes of Connecticut, Revision of 1949,

title LVII, chapter 360, section 7172.

[1] Section 8 of the Migratory Bird Conservation Act (16 U.S.C.

715g) expressly provides that the jurisdiction of the State over

persons upon migratory-bird reservations shall not be affected or

changed; and section 12 of the Weeks Forestry Act, as amended (16

U.S.C. 480), states that the State in which any national forest is

situated shall not lose its jurisdiction over such national forest,

not the inhabitants thereof their rights and privileges as citizens.

In view of these provisions of Federal law the United States does not

exercise legislative jurisdiction over the properties to which they

pertain and holds them in proprietorial interest status only,

notwithstanding State consent to Federal acquisition of such

properties. The Committee feels that the mentioned State consent

statutes are of sufficient importance and are sufficiently related to

the subject of legislative jurisdiction that references to them should

be included in this Appendix.

226

Delaware.--Laws of the State of Delaware, 1931, title 2, chapter 3,

pages 18-19.

Georgia.--Code of Georgia, Annotated, 1933, section 15-304.

Idaho.--Idaho Code (Published by authority of Laws 1947, chapter

224), chapter 26, section 36-2605.

Illinois.--Jones Illinois Statutes Annotated, chapter 126, sections

126.369-126.370.

Indiana.--Burns Indiana Statutes Annotated (1951 Replacement), title

11, chapter 9, section 11-909.

Iowa.--Code of Iowa, 1954, title 1, chapter 1, sections 1.9-1.10.

Kentucky.--Kentucky Revised Statutes, 1953, chapter 150, section

150.270.

Louisiana.--Louisiana Revised Statutes of 1950, title 52, chapter 1,

section 1.

Maine.--Revised Statutes of the State of Maine, 1954, chapter 36,

section 31.

Maryland.--The Annotated Code of Maryland, Edition of 1951, article

96, section 31.

Michigan.--The Compiled Laws of the State of Michigan, 1948, section

3.321.

Minnesota.--Minnesota Statutes Annotated, part 1, chapter 1, section

1.041.

Mississippi.--Mississippi Code 1942, Annotated, title 23, chapter 2,

section 1.041.

Missouri.--Vernon's Annotated Missouri Statutes, title II, chapter

12, section 12.050.

Nebraska.--Revised Statutes of Nebraska, 1943, chapter 37, article

4, section 37-423.

Nevada.--Nevada Compiled Laws, Supplement 1943-49, sections 2898.02-

2898.16.

New Hampshire.--New Hampshire Revised Statutes Annotated, 1955,

title IX, chapter 121, section 121: 1-21: 8.

New Jersey.--New Jersey Statutes Annotated, title 23, chapter 4,

section 23: 4-56.

New Mexico.--New Mexico Statutes, 1953, Annotated, chapter 7,

article 2, section 7-2-2.

New York.--McKinney's Consolidated Laws of New York, Annotated, Book

10, Conservation Law, article 4, section 367.

North Carolina.--The General Statutes of North Carolina (Recompiled

1950), chapter 104, article 1, section 104-10.

227

North Dakota.--North Dakota Revised Code of 1943, title 20, chapter

20-11, section 20-1113.

Ohio.--Baldwin's Ohio Revised Code, Annotated, 1953, section 159.03.

Oklahoma.--Oklahoma Statutes Annotated, title 29, section 603.

Oregon.--Oregon Revised Statutes, 1953, chapter 272, section

272.060.

Rhode Island.--Rhode Island General Laws of 1938 (Annotated), title

1, chapter 2, section 3.

South Carolina.--Code of Laws of South Carolina, 1952, title 39,

chapter 2, article 1, section 39.51.

South Dakota.--South Dakota Code of 1939, title 25, chapter 25.02,

section 25.0202.

Tennessee.--Williams Tennessee Code, Annotated, 1934, title 12,

chapter 3, article XV, section 5193.1-5193.2.

Texas.--Vernon's Annotated Revised Civil Statutes of the State of

Texas (Revision of 1925), title 67, article 4050a.

Vermont.--The Vermont Statutes, Revisions of 1947, title 30, chapter

279, section 6556.

Virginia.--Acts of the General Assembly of the State of Virginia,

1930, chapter 272, approved March 24, 1930, page 697.

Washington.--Revised Code of Washington, 1951, title 37, chapter

37.08, section 37.08.230.

West Virginia.--The West Virginia Code of 1955, chapter 1, article

1, section 3.

Wisconsin.--Wisconsin Statutes, 1953, title 1, chapter 1, section

1.036.

STATE STATUTES GIVING CONSENT OF STATES TO PURCHASE OF LANDS UNDER THE

WEEKS FORESTRY ACT OF MARCH 1, 1911 [1] (36 STAT. 961), AS AMENDED

Alabama.--The Code of Alabama, 1940, title 59, section 2.

Arkansas.--Arkansas Statutes, 1947, sections 10-1105 and 10-1106.

California.--Deering's California Codes, Government Code, title I,

division 1, chapter 1, section 126.

Florida.--Florida Statutes Annotated, title II, chapter 6, sections

6.06-6.07.

Georgia.--Code of Georgia, Annotated, section 15-304.

Idaho.--Idaho Code (Published by Authority of Laws 1947, chapter

224), title 58, chapter 7, section 58-706.

Illinois.--Jones Illinois Statutes Annotated, chapter 137, sections

137.19-137.20.

[1] See footnote on p. 225.

228

Indiana.--Burns Indiana Statutes Annotated (1951 Replacement), title

62, chapter 10, sections 62-1019 and 62-1020.

Iowa.--Code of Iowa, 1954, title 1, chapter 1, sections 1.9-1.10.

Kentucky.--Kentucky Revised Statutes, 1953, chapter 3, section

3.080.

Louisiana.--Louisiana Revised Statutes of 1950, title 56, chapter 4,

section 1483.

Maine.--Revised Statutes of the State of Maine, 1954, chapter 36,

sections 28-32.

Michigan.--The Compiled Laws of the State of Michigan, 1948,

sections 3.401 and 3.402.

Minnesota.--Minnesota Statutes Annotated, sections, 1.041-1.043,

1.045-1.047.

Mississippi.--Mississippi Code 1942, Annotated, title 17, chapter

11, sections 4156 and 4156A.

Missouri.--Vernon's Annotated Missouri Statutes, title 2, chapter

12, sections 12.010 and 12.020.

Montana.--Revised Codes of Montana, 1947, Annotated, title 83,

chapter 1, section 83-110.

Nevada.--Nevada Compiled Laws, Supplement 1931-1941, sections 2899-

2299.02.

New Hampshire.--Laws of the State of New Hampshire, 1903, chapter

137, approved January 20, 1903, page 147; New Hampshire Revised

Statutes Annotated, 1955, title IX, chapter 121, sections 121:1-121:8.

New Mexico.--Laws of the State of New Mexico, 1937, chapter 158,

approved March 15, 1937, page 441.

North Carolina.--The General Statutes of North Carolina (Recompiled

1950), chapter 104, article 1, section 104-5.

North Dakota.--North Dakota Revised Code of 1943, title 54, chapter

54-01, sections 54-0115 and 54-0116.

Ohio.--Baldwin's Ohio Revised Code, Annotated, 1953, chapter 1503,

section 1503.32.

Oklahoma.--Oklahoma Statutes Annotated, title 80, sections 6-7.

Oregon.--Oregon Revised Statutes, 1953, chapter 272, sections

272.040, 272.050.

Pennsylvania.--Purdon's Pennsylvania Statutes Annotated, Title 32,

chapter 3, sections 101-4.

Rhode Island.--Rhode Island General Laws of 1938 (Annotated), title

I, chapter 2, section 4.

South Carolina Code of 1952, Annotated, title 39, chapter 2, article

5, sections 39-91 to 39-95.

229

South Dakota.--South Dakota code of 1939, title 55, chapter 55.01,

section 55.0103.

Tennessee.--Williams Tennessee Code, Annotated, 1934, title 12,

chapter 3, article XVII, sections 5201.2-5201.8.

Texas.--General Laws of the State of Texas, 1933, Senate Concurrent

Resolution No. 73, filed in Department of State, May 26, 1933, page

1013.

Utah.--Utah Code Annotated 1953, title 65, chapter 6, section 65-6-

Vermont.--The Vermont Statutes, Revision of 1947, title 3, chapter

4, section 63-65.

Virginia.--Acts and Joint Resolutions passed by the General Assembly

of the State of Virginia, Extra Session of 1901, chapter 229, approved

February 15, 1901, page 247.

Washington.--Revised Code of Washington, 1951, title 37, chapter 37-

08, section 3708220.

West Virginia.--Acts of the Legislature of West Virginia, 1909,

chapter 61, approved February 27, 1909, page 494.

Wisconsin.--Wisconsin Statutes, 1953, title 1, chapter 1, section

1.055.

PART B. FEDERAL CONSTITUTIONAL PROVISIONS

AND STATUTES OF GENERAL EFFECT RELATING TO THE

ACQUISITION AND EXERCISE OF LEGISLATIVE JURISDICTION

BY THE UNITED STATES

CONSTITUTION OF THE UNITED STATES

Article I, section 8, clause 17:

The Congress shall have Power * * *

* * *

To exercise exclusive Legislation in all Cases whatsoever, over such

District (not exceeding ten Miles square) as may, by Cession of

particular States, and the Acceptance of congress, become the Seat of

the Government of the United States, and to exercise like Authority

over all Places purchased by the Consent of the Legislature of the

State in which the same shall be, for the Erection of Forts,

Magazines, Arsenals, dock-Yards, and other needful Buildings;

Article IV, section 3, clause 2:

* * *

The Congress shall have Power to dispose of and make all needful

Rules and Regulations respecting the Territory or other Property

belonging to the United States; * * *.

STATUTES RELATING TO THE ACQUISITION OF LEGISLATIVE

JURISDICTION BY THE UNITED STATES

Portion of the act of July 30, 1947, United States Code, 1952

Edition, title 4, section--

Sec. 103. Assent to purchase of lands for forts.--The President of

the United States is authorized to procure the assent of the

legislature of any State, within which any purchase of land has been

made for the erection of forts, magazines, arsenals, dockyards, and

other needful buildings, without such consent having been obtained

(July 30, 1947, ch. 389, Sec. 1, Stat. 641).

Sec. 287. Jurisdiction of United States.--From the time any State

legislature shall give the consent of such State to the purchase by

the

(231)

232

United States of any national cemetery, the jurisdiction and power of

legislation of the United States over such cemetery shall in all

courts and places be held to be same as is general by section 8,

Article I, of the Constitution of the United States; and all

provisions relating to national cemeteries shall be applicable to the

same. (R.S. Sec. 4882.) DERIVATION: Act July 1, 1870, ch. 200, Sec. 1,

16 Stat. 188.

Portion of the Act of March 3, 1821, United States Code, 1952

Edition, Title 33, Section--

Sec. 727. Lighthouse and other sites; necessity for cession by

State of jurisdiction.--No lighthouse, beacon, public piers, or

landmark, shall be built or erected on any site until cession of

jurisdiction over the same has been made to the United States. (R.S.

Sec. 4661.) DERIVATION: Act Mar. 3, 1821, ch. 52, Sec. 3, 3 Stat. 644.

Act of March 2, 1795, United States Code, 1952 Edition, Title 33,

Section--

Sec. 728. Sufficiency of cession by State; service of State process

in lands ceded.--A cession by a State of jurisdiction over a place

selected and the site of a lighthouse, or other structure or work,

shall be deemed sufficient within section 727 of this title,

notwithstanding it contains a reservation that process issued under

authority of such State may continue to be served within such place.

And notwithstanding any such cession of jurisdiction contains no such

reservation, all process may be served and executed within the place

ceded, in the same manner as if no cession had been made (R.S. Sec.

4662). DERIVATION: Act Mar. 2, 1795, ch. 40, Secs. 1, 2, 1 Stat. 426.

Portion of the act of September 11, 1841, which became section 355

of the Revised Statutes of the United States (33 U.S.C. 733, 34 U.S.C.

520, 40 U.S.C. 255, 50 U.S.C. 175 (1934 Edition)), as codified prior

to amendment of February 1, 1940--

No public money shall be expended upon any site or land purchased by

the United States for the purposes of erecting thereon any armory,

arsenal, fort, fortification, navy yard, customhouse, lighthouse, or

other public building of any kind whatever, until the written opinion

of the Attorney General shall be had in favor of the validity of the

title, nor until the consent of the legislature of the State in which

the land or site may be, to such purchase, has been given.

Portions of section 355 of the Revised Statutes of the United

States, as amended (Code, 1952 Edition)--

233

No public money shall be expended upon any site or land purchased by

the United States for the purposes of erecting thereon any armory,

arsenal, fort, fortification, navy yard, customhouse, lighthouse, or

other public building of any kind whatever, until the written opinion

of the Attorney General shall be had in favor of the validity of the

title.

* * *

Notwithstanding any other provision of law, the obtaining of

exclusive jurisdiction in the United States over lands or interests

therein which have been or shall hereafter be acquired by it shall not

be required but the head or other authorized officer of any department

or independent establishment or agency of the Government may, in such

cases and at such times as he may deem desirable, accept or secure

form the State in which any lands or interests therein under his

immediate jurisdiction, custody, or control are situated, consent to

or cession of such jurisdiction, exclusive or partial not theretofore

obtained over any such lands or interests as he may deem desirable and

indicate acceptance of such jurisdiction on behalf of the United

States by filing a notice of such acceptance with the Governor of such

State or in such other manner as may be prescribed by the laws of the

State where such lands are situated. Unless and until the United

States has accepted jurisdiction over lands hereafter to be acquired

as aforesaid, it shall be conclusively presumed that no such

jurisdiction has been accepted. (R.S. Sec. 355; June 28, 1930, ch.

710, 46 Stat. 828; Feb. 1, 1940, ch. 18, 54 Stat. 19; Oct. 9, 1940,

ch. 793, 54 Stat. 1083, July 26, 1947, ch. 343, title II, Sec. 205

(a), 61 Stat. 501.)

STATUTES PRESERVING JURISDICTION OF STATES OVER CERTAIN

FEDERAL AREAS AND CIVIL AND POLITICAL RIGHTS OF

INHABITANTS THEREOF

Portion of the act of August 21, 1935, United States Code, 1952

Edition, title 16--

By this act, the Secretary of the Interior, through the National

Park Service, is authorized to preserve for public use historic sites,

buildings and objects of national significance for the inspiration and

benefit of the people of the United States, and is empowered, for the

purposes of the act, to acquire in the name of the United States real

or personal property. Section 5, which relates to the jurisdiction of

States in lands acquired, is set out in the Code as follows:

Sec. 456. Jurisdiction of States in lands acquired.--Nothing in

sections 461-467 of this title shall be held to deprive any state, or

political subdivision thereof, of its civil and criminal jurisdiction

in and over

234

lands acquired by the United States under said sections. (Aug. 21,

1935, ch. 593, Sec. 5, 49 Stat. 668.)

Portions of the "Weeks Forestry Act" of March 1, 1911, as amended,

United States Code, 1952 Edition, title 16, sections--

Sec. 480. Civil and criminal jurisdiction.--The jurisdiction, both

civil and criminal, over persons within national forests shall not be

affected or changed by reason of their existence, except so far as the

punishment of offenses against the United States therein is concerned;

the intent and meaning of this provision being that the State wherein

any such national forest is situated shall not, by reason of the

establishment thereof, lose its jurisdiction, nor the inhabitants

thereof their rights and privileges as citizens, or be absolved from

their duties as citizens of the State. (June 4, 1897, ch. 2, Sec. 1,

30 Stat. 36; Mar. 1, 1911, ch. 186, Sec. 12, 36 Stat. 963.)

Sec. 516. Purchase of lands approved by commission; consent of

State; exchange of lands; cutting and removing timber.--The Secretary

of Agriculture is authorized to purchase, in the name of the United

States, such lands as have been approved for purchase by the National

Forest Reservation Commission at the price or prices fixed by said

commission. No deed or other instrument of conveyance shall be

accepted or approved by the Secretary of Agriculture under this

section until the legislature of the State in which the land lies

shall have consented to the acquisition of such land by the United

States for the purpose of preserving the navigability of navigable

streams. * * *

Portions of the "Migratory Bird Conservation Commission was created

to pass upon areas of land, water or land and water recommended by the

Secretary of the Interior for purchase or rental as wildlife refuges.

The Secretary was authorized to purchase or rent such areas as have

been approved by the Commission. Sections 7 and 8 of the Acts are set

out in the Code as follows:

Sec. 715f. Same; consent of State to conveyance.--No deed or

instrument of conveyance shall be accepted by the Secretary of the

Interior under sections 715-715d, 715e, 715f--715k, and 715l--715r of

this title unless the State in which the area lies shall have

consented by law to the acquisition by the United States of lands in

that State. (Feb. 18, 1929, 4 F.R. 2731, 53 Stat. 1432.)

Sec. 715g. Jurisdiction of State over areas acquired.--The

jurisdiction of the State, both civil and criminal, over persons upon

areas acquired under sections 715--715d, 715e, 715f--715k, and 715l--

715r of this title

235

shall not be affected or changed by reason of their acquisition and

administration by the United States as migratory-bird reservations,

except so far as the punishment of offenses against the United States

is concerned. (Feb. 18, 1929, ch. 257, Sec. 45 Stat. 1224.)

Portion of the Federal Power Act, United States Code, 1952 Edition,

title 16--

The Federal Power Commission, which was created and established by

the Act, was authorized, among other things, to make investigations

and to collect and record data concerning the utilization of the water

resources of any region to be developed and to issue licenses for the

development, transmission, and utilization of power across, along,

from or in any of the streams or other bodies of water over which

Congress has jurisdiction to regulate commerce. In the Code, section

27 appears as follows:

Sec. 821. State laws and water rights unaffected.--Nothing contained

in this chapter shall be construed as affecting or intending to affect

or in any way to interfere with the laws of the respective States

relating to the control, appropriation, use, or distribution of water

used in irrigation or for municipal or other uses, or any vested right

acquired therein. (June 10, 1920, ch. 285, Sec. 27, 41 Stat. 1077.)

Sec. 421. Jurisdiction of State or political subdivision; civil

rights under local law preserved.--The acquisition by the United

States of any real property in connection with any low-coat housing,

or slum-clearance project constructed with funds allotted to the

Administrator of General Services pursuant to any law shall not be

held to deprive any State or political subdivision thereof of its

civil and criminal jurisdiction in and over such property, or to

impair the civil rights under the local law of the tenants or

inhabitants on such property; and insofar as any such jurisdiction has

been taken away from any such State or subdivision, or any such rights

have been impaired, jurisdiction over any such property is ceded back

to such State or subdivision. (June 29, 1936, ch. 860, Sec. 1, 49

Stat. 2025; 1939 Reorg. Plan No. 1, Secs. 301, 305, eff. July 1, 1939,

4 F.R. 2729, 53 Stat. 1426, 1427; 1943 Ex. Ord. No. 9357, June 30,

1943, 8 F.R. 9041; June 30, 1949, ch. 288, title I, Sec. 103, 63 Stat.

380.)

Portion of the United States Housing Act of 1937, as amended, United

States Code, 1952 Edition, title 42--

The Public Housing Administration was authorized to make loans to

public-housing agencies to assist the development, acquisition, or

administration of low-rent-housing or slum-clearance projects by such

agencies. The Administration may foreclose on any property

236

and may purchase at foreclosure or acquire any project which it

previously owned or in connection with which it made a loan. Section

13 (b) of the Act relating to State civil and criminal jurisdiction

appears in the Code as Section 1413 (b) and reads as follow:

(b) Civil and criminal jurisdiction of States.--The acquisition by

the Administration of any real property pursuant to this chapter shall

not deprive any State or political subdivision thereof of its civil

and criminal jurisdiction in and over such property or impair the

civil rights under the State or local law of the inhabitants on such

property; and, insofar as any such jurisdiction may have been taken

away or any such rights impaired by reason of the acquisition of any

property transferred to the Administration pursuant to section 1404

(d) of this title, such jurisdiction and such rights are fully

restored.

Portions of the act of October 14, 1940, as amended, United States

Code, 1952 Edition, title 42, sections--

Sec. 1521. Housing and House Finance Administrator's powers

respecting defense housing.--In order to provide housing for persons

engaged in national-defense activities, and their families, and living

quarters for single persons so engaged, in those areas or localities

in which the President shall find that an acute shortage of housing

exists or impends which would impede national-defense activities and

that such housing would to be provided by private capital when needed,

the Housing and Home Finance Administrator (hereinafter referred to as

the "Administrator") is authorized:

(a) To acquire prior to the approval of title by the Attorney

General (without regard to section 1339 of title 10 and section 5 of

title 41), improved or unimproved lands or interests in lands by

purchase, donation, exchange, lease (without regard to sections 40a

and 34 of title 40, or any time limit on the availability of funds for

the payment of rent), or condemnation (including proceedings under

sections 257, 258, 361--386, and 258a--258e of title 40).

* * *

Sec. 1547. Preservation of local civil and criminal jurisdiction

and civil rights.--Notwithstanding any other provision of law, the

acquisition by the Administrator of any real property pursuant to

subchapters II-VII of this chapter shall not deprive any State or

political subdivision thereof, including any Territory or possession

of the United States, of its civil and criminal jurisdiction in and

over such property, or impair the civil rights under the State or

local law of the inhabitants on such property. As used in this

section the term "State" shall include the District of Columbia. (Oct.

14, 1940, ch. 862, title III, Sec. 10, 54 Stat. 1128; renumbered Sec.

307

237

and amended June 28, 1941, ch. 260, Sec. 4 (b), 55 Stat. 363; 1942 Ex.

Ord. No. 9070, Sec. 1, Feb. 24, 1942, 7 F.R. 1529; Apr. 10, 1942, ch.

239, Sec. 3 (b), 56 Stat. 212; 1947 Reorg. Plan. NO. 3, eff. July 27,

1947, 12 F.R. 4981, 61 Stat. 954; June 30, 1949, ch. 288, title I,

Sec. 103, 63 Stat. 380; Apr. 20, 1950, ch. 94, title II, Sec. 204, 64

Stat. 73.)

Portions of the Defense Housing and Community Facilities and Service

Act of 1951--1591c of this title, and of this subchapter, the Housing

and Home Finance Administrator (hereinafter referred to as the

"Administrator") is authorized to provide housing in any areas

(subject to the provisions of section 1591 of this title) needed for

defense workers or military personnel or to extend assistance for the

provision of, or to provide community facilities or services required

in connection with national defense activities in any area which the

President, pursuant to the authority contained in said section, has

determined to be a critical defense housing area. (Sept. 1, 1951,

ch. 378, title III, Sec. 301, 65 Stat. 303.)

Sec. 159f. Preservation of local civil and criminal jurisdiction,

and civil rights; jurisdiction of State courts.--Notwithstanding any

other provisions of law, the acquisition by the United States of any

real property pursuant to this subchapter or subchapter X of this

chapter shall not deprive any State or political subdivision thereof

of its civil or criminal jurisdiction in and over such property, or

impair the civil or other rights under the Stat or local law of the

inhabitants of such property. Any proceedings by the United States

for the recovery of possession of any property or project acquired,

developed, or constructed under this subchapter or subchapter X of

this chapter may be brought in the courts of the States having

jurisdiction of such causes. (Sept. 1, 1951, ch. 378, title III, Sec.

65 Stat. 307.)

Portions of the Reclamation Law, United States Code, 1952 Edition,

title 43--

This act provides for the irrigation of, and related benefits to,

lands in the 17 Western States by the Federal Government. Section 383

of the Code which states that the law shall not be construed as

affecting or interfering with State laws relating to water is set out

as follows:

Sec. 383. Vested rights and State laws unaffected by certain

sections.--Nothing in sections 372, 373, 381, 383, 391, 392, 411, 416,

419, 421, 431, 432, 434, 439, 461, 491 and 496 of this title shall be

construed as affecting or intended to affect or in any way interfere

with the laws of any

238

State or Territory relating to the control, appropriation, use, or

distribution of water used in irrigation or any vested right acquired

thereunder, and the secretary of the Interior, in carrying out the

provisions of such sections, shall proceed in conformity with such

laws, and nothing in such sections shall in any way affect any right

of any State or of the Federal Government or of any landowner,

appropriator, or user of water in, to, or from any interstate stream

or the waters thereof. (June 17, 1902, ch. 1093, Sec. 8, 32 Stat.

390.)

Sections 455-455c provide that the lands of homestead and desert

land entrymen may be taxed by the States or political subdivisions in

which they are located, and that such taxes shall be a lien upon the

lands, but that if the lands of such entrymen revert to the United

States all liens shall be extinguished.

STATUTES EXTENDING CERTAIN STATE LEGISLATION

TO FEDERAL AREAS

Lea Act (Portion of act of July 30, 1947), United States Code, 1952

Edition, title 4, section--

Sec. 104. Tax on motor fuel sold on military or other reservation,

reports to State taxing authority.--(a) All taxes levied by any State,

Territory, or the District of Columbia upon, with respect to, or

measured by, sales, purchases, storage, or use of gasoline or other

motor vehicle fuels may be levied, in the same manner and to the same

extent, with respect to such fuels when sold by or through post

exchanges, ship stores, ship service stores, commissaries, filling

stations, licensed traders, and other similar agencies, located on

United States military or other reservations, when such fuels are not

for the exclusive use of the United States. Such taxes, so levied

shall be paid to the proper taxing authorities of the States,

Territory, or the District of Columbia, within whose borders the

reservation affected may be located.

(b) The officer in charge of such reservation shall, on or before

the fifteenth day of each month, submit a written statement to the

proper taxing authorities of the State, Territory, or the District of

Columbia within whose borders the reservation is located, showing the

amount of such motor fuel with respect to which taxes are payable

under subsection (a) for the preceding month. (July 30, 1947, ch.

389, Sec. 1, 61 Stat. 641.)

Buck Act (Portions of act of July 30, 1947), United States Code,

1952 Edition, title 4, sections--

Sec. 105. State, and so forth, taxation affecting Federal areas;

sales or use tax.--(a) No person shall be relieved from liability for

payment of, collection of, or accounting for any sales or use tax

levied by any

239

State, or by any duly constituted taxing authority therein, having

jurisdiction to levy such a tax, on the ground that the sale or use,

with respect to which such tax is levied, occurred in whole or in part

within a Federal area; and such State or taxing authority shall have

full jurisdiction and power to levy and collect any such tax in any

Federal area within such State to the same extent and with the same

effect as though such area was not a Federal area.

(b) The provisions of subsection (a) shall be applicable only with

respect to sales or purchases made, receipts from sales received, or

storage or use occurring, after December 31, 1940, 1947, ch. 389, Sec.

1, 61 Stat. 641.)

Sec. 106. Same; income tax.--(a) No person shall be relieved from

liability for any income tax levied by any State, or by any duly

constituted taxing authority therein, having jurisdiction to levy such

a tax, by reason of his residing within a Federal area or receiving

income from transactions occurring or services performed in such area;

and such State or taxing authority shall have full jurisdiction and

power to levy and collect such tax in any Federal area within such

State to the same extent and with the same effect as though such area

was not a Federal area.

(b) The provisions of subsection (a) shall be applicable only with

respect to income or receipts received after December 31, 1940. (July

30, 1947, ch. 389, Sec. 1, 61 Stat. 641.)

Sec. 107. Same; exception of United States, its instrumentalities,

and authorized purchases therefrom.--(a) The provisions of sections

105 and 106 of this title shall not be deemed to authorize the levy or

collection of any tax on or from the United States or any

instrumentality thereof, or the levy or collection of any tax with

respect to sale, purchase, storage, or use of tangible personal

property sold by the United States or any instrumentality thereof to

any authorized purchaser.

(b) A person shall be deemed to be an authorized purchaser under

this section only with respect to purchases which he is permitted to

make from commissaries, ship's stores, or voluntary unincorporated

organizations of Army or Navy personnel, under regulations promulgated

by the Secretary of War or the Secretary of the Navy. (July 30, 1947,

ch. 389, Sec. 1, 61 Stat. 641.)

Sec. 108. Same; jurisdiction of United States over Federal areas

unaffected.--The provisions of sections 105-110 of this title shall

not for the purposes of any other provision of law be deemed to

deprive the United States of exclusive jurisdiction over any Federal

area over which it would otherwise have exclusive jurisdiction or to

limit the jurisdiction of the United States over an Federal area.

(July 30, 1947, ch. 389, Sec. 61 Stat. 641.)

240

Sec. 109. Same; exception of Indians.--Nothing in section 105 and

106 of this title shall be deemed to authorize the levy or collection

of any tax on or from any Indian not otherwise taxed. (July 30, 1947,

ch. 384, Sec. 1, 61 Stat. 641.)

Sec. 110. Same; definitions.--As used in sections 105-109 of this

title--

(a) The term "person" shall have the meaning assigned to it in

section 3797 of title 26.

(b) The term "sales or use tax" means any tax levied on, with

respect to, or measured by, sales, receipts from sales, purchases,

storage, or use of tangible personal property, except a tax with

respect to which the provisions of section 104 of this title are

applicable.

or measured by, net income, gross income, or gross receipts.

(d) The term "State" includes any territory or possession of the

United States.

(e) The term "Federal area" means any lands or premises held or

acquired by or for the use of the United States or any department,

establishment, or agency, of the United States; and any Federal area,

or any part thereof, which is located within the exterior boundaries

of any State, shall be deemed to be a Federal area located within such

State. (July 30, 1947, ch. 389, Sec. 1, 61 Stat. 641.)

Portion of the Public Salary Tax Act of 1939, United States Code,

1952 Edition, Title 5, Section--

Sec. 84a. Consent of United States to taxation of compensation of

officers and employees of United States, Territories, etc.--The United

States consents to the taxation of compensation, received after

December 31, 1938, for personal service as an officer or employee of

the United States, any Territory or possession or political

subdivision thereof, the District of Columbia, or any agency or

instrumentality of any one or more of the foregoing, by any duly

constituted taxing authority having jurisdiction to tax such

compensation, if such taxation does not discriminate against such

officer or employee because of the source of such compensation. (Apr.

12, 1939, ch. 59, Title I, Sec. 4, 53 Stat. 575.)

Act of July 17, 1952, United States Code, 1952 Edition, title 5--

Sec. 84b. Withholding State income taxes of Federal employees by

Federal agencies.--Where--

(1) the law of any State or Territory provides for the

collection of a tax by imposing upon employers generally the

duty of withholding sums from the compensation of employees and

making returns of such sums to the authorities of such State or

Territory, and

(2) such duty to withhold is imposed generally with respect

241

to the compensation of employees who are residents of such State

or Territory. them the secretary of the Treasury, pursuant to

regulations promulgated by the President, is authorized and directed

to enter into an agreement with such State or Territory hundred and

twenty days of the request for agreement from the proper official of

such State or Territory. Such agreement shall provide that the head

of each department or agency of the United States shall comply with

the requirements of such law in the case of employees of such agency

or department who are subject to such tax and whose regular place of

Federal employment is within the State or Territory with which such

agreement is entered into. No such agreement shall apply with respect

to compensation for service as a member of the Armed Forces of the

United States. (July 17, 1952, ch. 940, Sec. 1, 66 Stat. 765.)

Sec. 13.58. Local jurisdiction over immigrant stations.--The

officers in charge of the various immigrant stations shall admit

therein the proper State and local officers charged with the

enforcement of the laws of the State and local officers charged with

the enforcement of the laws of the State or Territory of the United

States in which any such immigrant station is located in order that

such State and local officers may preserve the peace and make arrests

for crimes under the laws of the State and Territories. For the

purpose of its section the jurisdiction of such State and local

officers and of the State and local courts shall extend over such

immigrant stations. (June 27, 1952, ch. 477, title II, ch. 9, Sec.

288, 66 Stat. 234.)

Portions of the act of August 5, 1947, United States Code, 1952

Edition, title 10--

Sec. 1270. Lease of real or personal property; period of lease;;

terms and conditions; revocation; disposition of receipts; report to

Congress.--Whenever the Secretary of the Army shall deem it to be

advantageous to the Government he is authorized to lease such real or

personal property under the control of his Department as is not

surplus to the needs of the Department within the meaning of the Act

of October 3, 1944 (58 Stat. 765), and is not for the time required

for public use, to such lessee or lessees and upon such terms and

conditions as in his judgment will promote the national defense or

will be in the public interest * * *

CODIFICATION: Similar provisions relating to the Air Force and Navy

are set out as section 626s-3 of title 5, Executive Departments and

Government Officers and Employees and section 522a of title 34, Navy,

respectively.

242

Sec. 127d. Same; State or local taxation; renegotiation of leases.-

-The lessee's interest made or created pursuant to the provisions of

sections 1270-1270b, and 127d of this title, shall be made subject to

State or local taxation. Any lease of property authorized under the

provisions of said sections shall contain a provision that if and to

the extent that such property is made taxable by State and local

governments by act of Congress, in such event the terms of such lease

shall be renegotiated. (Aug. 5, ch. 493, Sec. 6, 61 Stat. 775.)

CODIFICATION: Similar provisions relating to the Air Force and the

Navy are set out as section 626s-6 of title 5, Executive Departments

and Government Officers and Employees and section 522e of title 34,

Navy.

Act of February 1, 1928, United States Code, 1952 Edition, title 16-

Sec. 457. Action for death or personal injury within national park

or other place under jurisdiction of United States; application of

State laws.--In the case of the death of any person by the neglect or

wrongful act of another within a national park or other place subject

to the exclusive jurisdiction of the United States, within the

exterior boundaries of any State, such right of action shall exist as

though the place were under the jurisdiction of the state within whose

exterior boundaries such place may be; and in any action brought to

recover on account of injuries sustained in any such place the rights

of the parties shall be governed by the laws of the State within the

exterior boundaries of which it may be. (Feb. 1, 1928, ch. 15, 45

Stat. 54.)

Portions of the act of June 25, 1948, as amended, United States

Code, 1952 Edition, title 18--

Sec. 7. Special maritime and territorial jurisdiction of the United

States defined.--The term "special maritime and territorial

jurisdiction of the United States", as sued in this title, includes:

* * *

(3) Any lands reserved or acquired for the use of the United

States, and under the exclusive or concurrent jurisdiction thereof; or

any place purchased or otherwise acquired by the United States by

consent of the legislature of the State in which the same shall be,

for the erection of a fort, magazine, arsenal, dockyard, or other

needful building.

Sec. 13. Laws of States adopted for areas within Federal

jurisdiction.--Whoever within or upon any of the places now existing

or hereafter reserved or acquired as provided in section 7 of this

title, is guilty of any act or omission which, although not made

punishable by any enactment of Congress, would be punishable if

committed or

243

omitted within the jurisdiction of the State, Territory, Possession,

or district in which such place is situated, by the laws thereof in

force at the time of such act or omission, shall be guilty of a like

offense and subject to a like punishment. (June 25, 1948, ch. 645,

Sec. 1, 62 Stat. 686.)

(Assimilative Crimes Act.)

Portion of Internal Revenue Code, United States Code, 1952 Edition,

title 26, section 1606, subsection--

(b) The legislature of any State may require any instrumentality of

the United States (except such as are (A) wholly owned by the United

States, or (B) exempt from the tax imposed by section 1600 by virtue

of any other provision of law), and the individuals in its employ, to

make contributions to an unemployment fund under a State unemployment

compensation law approved by the Secretary of Labor under section 1603

and (except as provided in section 5240 of the Revised Statutes, as

amended, and as modified by subsection (c) of this section) to comply

otherwise with such law. The permission granted in this subsection

shall apply (1) only to the extent that no discrimination is made

against such instrumentality, so that if the rate of contribution is

uniform upon all other persons subject to such law on account of

having individuals in their employ, and upon all employees of such

persons, respectively, the contributions required of such

instrumentality or the individuals in their employ or for different

classes of employees, the determination shall be based solely upon

unemployment experience and other factors bearing a direct relation to

unemployment risk, and (2) only if such State law makes provision for

the refund of any contributions required under such law from an

instrumentality of the United States or its employees for any year in

the event said State is not certified by the secretary of Labor under

section 1603 with respect to such year.

* * *

(d) No person shall be relieved from compliance with a State

unemployment compensation law on the ground that services were

performed on land or premises owned, held, or possessed by the United

States, and any State shall have full jurisdiction and power to

enforce the provisions of such law to the same extent and with the

same effect as though such place were not owned, held, or possessed by

the United States.

244

Act of June 25, 1936, United States Code, 1952 Edition, title 40--

Sec. 290. State workmen's compensation laws; extension to buildings

and works of United States.--Whatsoever constituted authority of each

of the several States is charged with the enforcement of and requiring

compliances with the State workmen's compensation laws of said States

and with the enforcement of and requiring compliance with the orders,

decisions, and awards of said constituted authority of said States

shall have the power and authority to apply such laws to all lands and

premises owned or held by the United States of America by deed or act

of cession, by purchase or otherwise, which is within the exterior

boundaries of any State and to all projects, buildings, constructions,

improvements, and property belonging to the United States of America,

which is within the exterior boundaries of any State, in the same way

and to the same extent as if said premises were under the exclusive

jurisdiction of the State within whose exterior boundaries such place

may be.

For the purposes set out in this section, the United States of

America vests in the several States within whose exterior boundaries

such place may be, insofar as the enforcement of State workmen's

compensation laws are affected, the right, power, and authority

aforesaid: Provided, however, That by the passage of this section the

United States of America in nowise relinquishes its jurisdiction for

any purpose over the property named, with the exception of extending

to the several States within whose exterior boundaries such place may

be only the powers above enumerated relating to the enforcement of

their State workmen's compensation laws as herein designated:

Provided further, That nothing in this section shall be construed to

modify or amend the United States Employees' Compensation Act, as

amended. (June 25, 1936, ch. 822, Secs. 1, 2, 49 Stat. 1938, 1939.)

Portions of the act of October 14, 1940, as amended, United States

Code, 1952 Edition, title 42--

Sec. 1521. Housing and Home Finance Administrator's powers

respecting defense housing.--In order to provide housing for persons

engaged in national-defense activities, and their families, and living

quarters for single persons so engaged, in those areas or localities

in which the President shall find that an acute shortage of housing

exists or impends which would impede national-defense activities and

that such housing would not be provided by private capital when

needed, the Housing and Home Finance Administrator (hereinafter

referred to as the "Administrator") is authorized:

245

(a) To acquire prior to the approval of title by the Attorney

General (without regard to section 1339 of title 10 and section 5 of

title 41), improved or unimproved lands or interests in lands by

purchase, donation, exchange, lease (without regard to sections 40a

and 34 of title 40, or any time limit on the availability of funds for

the payment of rent), or condemnation (including proceedings under

sections 257, 258, 261-386, and 258e of title 40).

* * *

Sec. 1547. Preservation of local civil and criminal jurisdiction and

civil rights.--Notwithstanding any other provision of law, the