1-401 - Ceding additional jurisdiction to United States.
§ 1-401. Ceding additional jurisdiction to United States.
A. Whenever the head or other authorized officer of any department orindependent establishment or agency of the United States shall deem itdesirable that additional jurisdiction or powers be ceded over any lands inthe Commonwealth acquired or proposed to be acquired by the United Statesunder his immediate jurisdiction, custody or control, and whenever theGovernor and Attorney General of the Commonwealth shall agree to the same,the Governor and Attorney General shall execute and acknowledge a deed in thename of and under the lesser seal of the Commonwealth ceding such additionaljurisdiction. The deed shall accurately and specifically describe the areaand location of the land over which the additional jurisdiction and powersare ceded and shall set out specifically what additional jurisdiction andpowers are ceded, and may set out any reservations in the Commonwealth ofjurisdiction which may be deemed proper in addition to those referred to insubsection D.
B. No such deed shall become effective or operative until the jurisdictiontherein provided for is accepted on behalf of the United States as requiredby 40 U.S.C. § 255. The head or other authorized officer of a department orindependent establishment or agency of the United States shall indicate suchacceptance by executing and acknowledging such deed and admitting it torecord in the office of the clerk of the court in which deeds conveying thelands affected would properly be recorded.
C. When such deed has been executed and acknowledged on behalf of theCommonwealth and the United States, and admitted to record as provided insubsection B, it shall have the effect of ceding to and vesting in the UnitedStates the jurisdiction and powers therein provided for and none other.
D. Every such deed as is provided for in this section shall reserve in theCommonwealth over all lands therein referred to the jurisdiction and power toserve civil and criminal process on such lands and in the event that thelands or any part thereof shall be sold or leased to any person, under theterms of which sale or lease the vendee or lessee shall have the right toconduct thereon any private industry or business, then the jurisdiction cededto the United States over any such lands so sold or leased shall cease anddetermine, and thereafter the Commonwealth shall have all jurisdiction andpower she would have had if no jurisdiction or power had been ceded to theUnited States. This provision, however, shall not apply to post exchanges,officers' clubs and similar activities on lands acquired by the United Statesfor purposes of national defense. It is further provided that thereservations provided for in this subsection shall remain effective eventhough they should be omitted from any deed executed pursuant to this section.
E. Nothing contained in this section shall be construed as repealing anyspecial acts ceding jurisdiction to the United States to acquire any specifictract of land.
(Code 1950, § 7-24; 1966, c. 102, § 7.1-21; 1972, c. 597; 1976, c. 211; 2005,c. 839.)