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.