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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)

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)--

                            *     *     *

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

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

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

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).

                            *     *     *

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

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

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.)

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.

(c) The term "income tax" means any tax levied on, with respect to, 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

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.

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

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.

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:

                            *     *     *

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 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 Services Act of 1951, United States Code, 1952 Edition, title 42--

Sec. 1592. Authority of Administrator.--Subject to the provisions and limitations of sections 1591--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. 373, title III, Sec. 301, 65 Stat. 303.)

Sec. 1592d. Administrator's power with respect to housing facilities, and services--(a) Planning, acquisition, construction, etc.

* * * Notwithstanding any provisions of this Act, housing or community facilities constructed by the United States pursuant to the authority contained herein shall conform to the requirements of

State and local laws, ordinances, rules, or regulations relating to health and sanitation, and, to the maximum extent practicable, taking into consider the availability of materials and the requirements of national defense, any housing or community facilities, except housing or community facilities of a temporary character, constructed by the United States pursuant to the authority contained herein shall conform to the requirements of State or local laws, ordinances, rules, or regulations relating to building codes.

Portion of the Outer Continental Shelf Lands Act, United States Code, 1952 Edition (Supp. II), title 43--

Sec. 1333. Laws and regulations governing lands--(a) Constitution and United States laws; laws of adjacent States; publication of projected States lines; restriction on State taxation and jurisdiction.--(1) The Constitution and laws and civil and political jurisdiction of the United States are extended to the subsoil and seabed of the outer Continental Shelf and to all artificial islands and fixed structures which may be erected thereon for the purpose of exploring for, developing, removing, and transporting resources therefrom, to the same extent as if the outer Continental Shelf were an area of exclusive Federal jurisdiction located within a State: Provided, however, That mineral leases on the outer Continental Shelf shall be maintained or issued only under the provisions of this subchapter.

(2) To the extent that they are applicable and not inconsistent with this subchapter or with other Federal laws and regulations of the Secretary now in effect or hereafter adopted, the civil laws of each adjacent State as of the effective date of this subchapter are declared to be the law of the United States for that portion of the subsoil and seabed of the outer Continental Shelf, and artificial islands and fixed structures erected thereon, which would be within the area of the State if its boundaries wee extended seaward to the outer margin of the outer Continental Shelf, and the President shall determine and publish in the Federal Register such projected lines extending seaward and defining each such area. All of such applicable laws shall be administered and enforced by the appropriate officers and courts of the United States. State taxation laws shall not apply to the outer Continental Shelf.

STATUTES GRANTING EASEMENTS, RIGHT-OF-WAY AND ROADS OVER FEDERAL LANDS SAND CEDING JURISDICTION

Act of May 31, 1947, United States Code, 1952 Edition, title 38-- Sec. 11i. Grant of easements by Administrator in lands under his

control; jurisdiction over exchanged lands; termination of easement.--

The Administrator of Veterans' Affairs, whenever he deems it advantageous to the Government and upon such terms and conditions as he deems advisable, is authorized on behalf of the United States to grant to any State, or any agency or political subdivision thereof, or to any public-service company, easements in and right-of-way over lands belonging to the United States which are under his supervision and control. Such grant may include the use of such easements of rights-of-way by public utilities to the extent authorized and under the conditions imposed by the laws of such State relating to use of public highways. Such partial, concurrent, or exclusive jurisdiction over the areas covered by such easements or rights-of-way, as the Administrator of Veterans' Affairs deems necessary or desirable, is ceded to the State in which the land is located. The Administrator of Veterans' Affairs is authorized to accept or secure on behalf of the United States from the State in which is situated any land conveyed in exchange for any such easement or right-of-way, such jurisdiction as he may deem necessary or desirable over the land so acquired. Any such easement or right-of-way shall be terminated upon abandonment or nonuse of the same and all right, title, and interest in the land covered thereby shall thereupon revert to the United States or its assignee. (May 31, 1947, ch. 89, 61 Stat. 124.)

Act of May 9, 1941, United States Code, 1952 Edition, title 43-- Sec. 931a. Authority of Attorney General to grant easement and

rights-of-may to States, etc.--The Attorney General, whenever he deems it advantageous to the Government and upon such terms and conditions as he deems advisable, is authorized on behalf of the United States to grant to any State, or any agency or political subdivision thereof, easements in and rights-of-way over lands belonging to the United States which are under his supervision and control. Such grant may include the use of such easements or rights-of-way by public utilities to the extent authorized and under the conditions imposed by the laws of such State relating to use of public highways. Such partial, concurrent, or exclusive jurisdiction over he areas covered by such easements or rights-of-way, as the Attorney General deems necessary or desirable, is ceded to such State. The Attorney General is authorized to accept or secure on behalf of the United States from the State in which is situated any land conveyed in exchange for any such easement or right-of-way, such jurisdiction as he may deem necessary or desirable over the land so acquired. (May 9, 1941, 55 Stat. 183.)

Portion of the War Department Civil Appropriation Act, 1942, as amended, United States Code, 1952 Edition, title 24--

Sec. 289. Conveyance to State or municipality of approach road to national cemetery.--The Secretary of the Army is authorized to convey

to any State, county, municipality, or proper agency thereof, in which the same is located all the right, title, and interest of the United States in and to any Government owned or controlled approach road to any national cemetery: Provided, That prior to the delivery of any instrument of conveyance hereunder, the State, county, municipality, or agency to which the conveyance herein authorized is to be made, shall notify the Secretary of the Army in writing of its willingness to accept and maintain the road included in such conveyance: Provided further, That upon the execution and delivery of any conveyance herein authorized the jurisdiction of the United States of America over the road conveyed shall cease and determine and shall thereafter vest in the State in which said road is located. (May 23, 1941, ch. 130, Sec. 1, 55 Stat. 191, July 26, 1947, ch. 343, title II, Sec. 205 (a), 61 Stat. 501.)

MISCELLANEOUS FEDERAL STATUTES

Portion of the act of June 25, 1948, as amended, United States Code, 1952 Edition, title 18--

Sec. 3401. Petty offenses; application of probation laws; fees.-- (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 jurisdiction, and within the judicial district for which such commissioner was appointed.

(b) Any person charged with a petty offense may elect, however, to be tried in the district court of the United States. The commissioner shall apprise the defendant of his right to make such election and shall not proceed to try the case unless the defendant after being so apprised, signs a written consent to be tried before the commissioner.

(d) For his services in such cases the commissioner shall receive the fees, and none other, provided by law for like or similar services.

(e) This section shall not apply to the district of Columbia nor shall it repeal or limit existing jurisdiction, power or authority of commissioners appointed for Alaska or in the several national parks. (June 25, 1948, ch. 645, 1, 62 Stat. 830.)

Portions of the act of June 1, 1948, as amended, United States Code, 1952 Edition, title 40--

Sec. 318. Protection of Federal property under jurisdiction of Administrator of General Services; appointment of guards as special policemen compensation; duties; jurisdiction.--The Administrator of General Services or officials of the General Services Administra-

tion duly authorized by him may appoint uniformed guards of said Administration as special policemen without additional compensation for duty in connection with the policing of public buildings and other areas under the jurisdiction of the General Services Administration. Such special policemen shall have the same powers as sheriffs and constables upon such Federal property to enforce the laws enacted for the protection of persons and property, and to prevent breaches of the peace, to suppress affrays or unlawful assemblies, and to enforce any rules and regulations made and promulgated by the Administrator or such duly authorized officials of the General Services Administration for the property under their jurisdiction: Provided, That the jurisdiction and policing powers of such special policemen shall not extend to the service of civil process and shall be restricted to Federal property over which the United States has acquired exclusive or concurrent criminal jurisdiction (June 1, 1948, ch. 359, Sec. 1, 62 Stat. 281: June 30, 1949, ch. 288, title I, Sec. 103, 63 Stat. 380.)

Sec. 318a. Same; rules and regulations; posting.--The Administrator of General Services or officials of the General services Administration duly authorized by him are authorized to make 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 318c of this title, 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. (June 1, 1948, ch. 359, Sec. 2, 62 Stat. 281; June 30, 1949, ch. 288, title I, Sec. 103, 63 Stat. 380.)

Sec. 318b. Same; application for protection; detail of special police; utilization of federal law-enforcement agencies.--Upon the application of the head of any department or agency of the United States having property of the United States under its administration and control and over which the United States has acquired exclusive or concurrent criminal jurisdiction, the Administrator of General Services or officials of the General Services Administration duly authorized by him are authorized to detail any such regulations and to enforce the same as set forth in sections 318-318c of this title;l and the Administrator of General Services or official of the General Services Administration duly authorized by him, whenever it is deemed economical and in the public interest, may utilize the facilities and services of existing Federal law-enforcement agencies, and services of such State or local law-enforcement agencies. (June 1, 1948, ch. 359,

Sec. 3, 62 Stat. 281, June 30, 1949, ch. 288, title I, Sec. 103, 63 Stat. 380.)

Sec. 318c. Same; penalties.--Whoever shall violate any rule or regulation promulgated pursuant to section 318a if this title shall be fined not more than $50 or imprisoned not more than thirty days, or both. (June 1, 1948, ch. 359, Sec. 4, 62 Stat. 281.)