Laws, legislation, reports
In this section we share state laws, federal statutes and federal agency reports that help define jurisdiction on federally managed public lands.
| Federal Laws | ||||
| USC/Office | Statute | Link to Document | Comments | |
| USC | 18 USC 7 | 18 USC 7 Special maritime and territorial jurisdiction of the United States | 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. | |
| DOJ Manual 664 | 18 USC 7 | Download 2020 Department of Justice, Criminal Resource Manual 664, Territorial Jurisdiction | In summary, the United States may exercise plenary criminal jurisdiction over lands within state borders: A. Where it reserved such jurisdiction upon entry of the state into the union; B. Where,prior to February 1,1940, it acquired property for a purpose enumerated in the Constitution with theconsent of the state; C. Where it acquired property whether by purchase, gift or eminent domain, and thereafter, but prior to February 1,1940, received a cession of jurisdiction from the state; and D. Where it acquired the property, and/or received the state's consent or cession of jurisdiction after February 1,1940, and has filed the requisite acceptance. | |
| DOJ Manual 1630 | 18 USC 7 Federal Enclave Laws | Section 1630, DOJ Criminal Resource Manual regarding federal enclave laws | The jurisdictional status of property acquired by the United States, is important because it triggers the application of a series of federal laws, known as federal enclave statutes. These statutes apply to lands within the "special maritime andterritorial jurisdiction of the United States," a term which includes "(a)ny lands reserved or acquired for the use of theUnited States, and under the exclusive or concurrent jurisdiction thereof .... See 18 U.S.C. § 7(3). Therefore anyproperty under the exclusive or concurrent jurisdiction of the United States is subject to these federal enclave laws | |
| USC | 40 USC 3112 | 40 USC 3112, 40 USC 255 | (c) P.-It is conclusively presumed that jurisdiction has not been accepted until the Government accepts jurisdiction over land as provided in this section. | |
| State Laws and Reports | ||||
| State | Statute/Rpt | Passed | Link to Document | Comments |
| Utah | HJR015 | Yes | 2013 UT HJR015, Joint Resolution on State and Political Subdivision Jurisdiction | In 2013 the State of Utah passed HJR 15 to define jurisdiction on public lands in Utah. |
| Colorado | SB 16-160 | No | Colorado-2016-SB160-Jurisdiction on public lands | In 2016 the State of Colorado considered Senate Bill 16-160. It passed the Senate but not the House, regardless, it does accurately define legislative jurisdiction on Colorado federal lands. |
| Utah | 2014 Association of Counties | NA | 2014 Utah Association of Counties Federal Land Jurisdiction Report | In 2014 this federal land jurisdiction report was prepared for the Utah Association of Counties, it references and includes the 2012 BLM Law Enforcement Authority and Jurisdiction Report. |
| California | NA | NA | www.slc.ca.gov/fed | CA website with searchable database of cessions of jurisdiction and definitions |
| Montana | Title 2, Ch1, P2 | Yes | MCA 2019 Title 2, Ch1, P2 | www.leg.mt.gov/bills/mca/title_0020/chapter_0010/part_0020/sections_index.html Part 2. Cession and Retrocession of Jurisdiction |
| New York | Art 3, Sect 30 | Yes | Article 3: Cessions To The United States | Section 30 Authorization of acquisition and cession of jurisdiction |
| Colorado | CRS Title 3 | Yes | Title 3. United States (§§ 3-1-101 — 3-3-105) | Jurisdiction (Arts. 1 — 3) Article 1. Property Ceded to United States (§§ 3-1-101 — 3-1-137) Article 2. Jurisdiction Reserved by State (§ 3-2-101) Article 3. Concurrent Jurisdiction (§§ 3-3-101 — 3-3-105) |
| DOI / BLM Law Enforcement Manuals and Reports | ||||
| Year / Document | Link to Document | |||
| 1999 Guide to BLM Law Enforcement for State and Local Law Enforcement Agencies | 1999 Guide to BLM Law Enforcement for State and Local Law Enforcement Agencies | |||
| 2002 DOI Report: Disquieting State of Disorder, Assessment of Department of Interior Law Enforcement | 2002 DOI Rpt. Disquieting State of Disorder, Assessment of DOI Law Enforcement | |||
| 2005 Criminal Laws and Regulations Enforced by BLM | 2005 Criminal Laws and Regulations Enforced by BLM | |||
| 2012 BLM Law Enforcement Authority and Jurisdiction Report | 2012 Law Enforcement Authority and Jurisdiction for BLM Agent, Special Agent and Manager | |||
| 2014 Guide to BLM Law Enforcement for State and Local Law Enforcement Agencies | 2014 Guide to BLM Law Enforcement State and Local Law Enforcement Agencies | |||
| Assimilative Crimes Act, 18 U.S.C. 13 | ||||
| Assimilative Crimes Act, 18 U.S.C. 13- Adopts state laws as federal laws. Makes state criminal laws applicable and enforceable by federal agents on certain federal lands, provided that federal criminal law does not define an applicable offense for the misconduct. Three criteria must be met: 1) the United States has recieved a cession of jurisdiction from the state legislature in the form of exclusive, concurrent, or partial jurisdiction and there is a federal acceptance of the cession; 2) there is no federal law covering the conduct; and 3) there is an applicable state law. Under the Act, the state law is adopted and used to prosecute the defendant in federal court as a federal offense. The Act does not apply: 1) when there is a federal law that covers the conduct; or 2) to areas of Proprietorial Interest Only. | ||||
| Year / Document | Link to Document | |||
| 2014 Federal Statutes Regulations Governing Federal Lands, https://le.utah.gov/, Assimilative Crimes Act | Federal Statutes and Regulations Governing Federal Lands, https le.utah.govinterim2014pdf00004976.pdf | |||
| DOJ Resource Manual 667 | DOJ Resource Manual 667, 18 USC 13 Assimilative Crimes Act | |||
| DOJ Resource Manual 1630 | Section 1630, DOJ Criminal Resource Manual regarding 18 USC 7 | |||
| 18 USC Section 7 | 18 USC 7 Special maritime and territorial jurisdiction of the United States | |||
| Federal Land Policy and Management Act - FLPMA | ||||
| Year / Document | Link to Document | |||
| 1976, FLPMA. Title VII, Section 701 (G) (2) Jurisdiction Not Expanded | FLPMA Title VII Section 701 (G) (2) Jurisdiction Not Expanded | |||
| 1976, Amended 2001, FLPMA Entire Document | FLPMA, amended 2001, Entire Document | |||