Section 38. Relinquishment of legislative jurisdiction by the United States of America to this state


Latest version.
  • 1. The governor is hereby authorized, whenever
      he deems it desirable and in the public interest, to cooperate with  any
      executive  agency  of  the  United  States  of  America in following and
      fulfilling the procedure set forth in public law 87-852  of  the  United
      States  statutes  at  large,  approved  October  twenty-third,  nineteen
      hundred sixty-two, for the relinquishment to this state, by  the  United
      States of America acting by and through such executive agency, of all or
      part  of the legislative jurisdiction over land within this state, which
      legislative jurisdiction was heretofore ceded  or  hereafter  will  have
      been  ceded by this state to the United States of America, including the
      execution and delivery by the governor of the acceptance provided for by
      the said public law 87-852.
        Upon such execution and delivery of an acceptance, the governor  shall
      cause  the notice of relinquishment, provided for by the said public law
      87-852, and a duplicate original acceptance to be filed and recorded  in
      the  office  of  the  secretary of state of this state. The secretary of
      state of this state shall cause to be printed in the  session  laws,  of
      the year succeeding such filing and recording in his office, a statement
      of  the  date  of  the notice of relinquishment, the name of the federal
      executive agency which issued the notice,  a  description  of  the  land
      affected, the date of the acceptance by the governor and the date of the
      filing and recording in the office of the secretary of state.
        2.  Notwithstanding  any  other provision of this chapter or any other
      law,  the  commissioner  of  general  services,  upon  such  terms   and
      conditions  as seem proper to him, may accept on behalf of the state the
      relinquishment or retrocession of all or part  of  jurisdiction  in  and
      over lands previously or subsequently acquired by or ceded to the United
      States   of   America.   The  relinquishment  or  retrocession  of  such
      jurisdiction shall be effective  upon  the  written  acceptance  by  the
      commissioner  of  general  services  of  a  notice  of relinquishment or
      retrocession  signed  by  the  secretary  or  head  of  the  appropriate
      department  or  agency  of  the  United States of America. The notice of
      relinquishment or  retrocession  and  an  executed  counterpart  of  the
      written   acceptance  thereof  shall  be  filed  or  recorded  with  the
      department of state. The secretary of state shall cause to be printed in
      the session laws of the year  succeeding  such  filing  or  recording  a
      statement   of   (a)  the  date  of  the  notice  of  relinquishment  or
      retrocession, (b) the name of the department or  agency  of  the  United
      States  of  America  which  issued such notice, (c) a description of the
      land affected, (d) the date of acceptance of such  notice  and  (e)  the
      date  of  the  filing  or  recording  of  the written acceptance of such
      notice.