[Code of Federal Regulations]

[Title 33, Volume 3]

[Revised as of July 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 33CFR211.25]



[Page 191]

 

                TITLE 33--NAVIGATION AND NAVIGABLE WATERS

 

 CHAPTER II--CORPS OF ENGINEERS, DEPARTMENT OF THE ARMY, DEPARTMENT OF 

                                 DEFENSE

 

PART 211_REAL ESTATE ACTIVITIES OF THE CORPS OF ENGINEERS IN CONNECTION 

WITH CIVIL WORKS PROJECTS--Table of Contents

 

Sec.  211.25  General considerations in the acquiring of Federal 

jurisdiction.



    (a) Laws governing the acquisition of Federal jurisdiction--(1) 

Constitution of the United States. By Article 1, Section 8, Clause 17, 

of the Constitution, Congress has the power to exercise exclusive 

legislation in all cases in the District of Columbia and to exercise 

like authority over all land acquired by the United States with the 

consent of the legislature of the State in which the land is located for 

the erection of forts, magazines, arsenals, dockyards, and other needful 

buildings.

    (2) Section 355, Revised Statutes of the United States. Under this 

section as amended by the acts of Congress approved February 1, 1940 (54 

Stat. 19) and October 9, 1940 (54 Stat. 1083; 40 U.S.C. 255), 

jurisdiction over lands acquired by the Department of the Army does not 

vest until the Secretary of the Army has indicated acceptance of such 

jurisdiction by filing a notice of acceptance with the Governor of the 

State or in such manner as may be prescribed by the laws of the State 

where the land is situated.

    (3) State laws. The laws of the various States indicate the type of 

jurisdiction ceded or to be ceded, and prescribe the requirements, if 

any, to be complied with prior to the vesting of jurisdiction in the 

United States.