§ 403c-1. — Respective jurisdiction of Virginia and United States over lands in Shenandoah Park.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 16USC403c-1]
TITLE 16--CONSERVATION
CHAPTER 1--NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER XLVI--SHENANDOAH NATIONAL PARK AND GREAT SMOKY MOUNTAINS
NATIONAL PARK
Sec. 403c-1. Respective jurisdiction of Virginia and United
States over lands in Shenandoah Park
In order to provide for uniform Federal jurisdiction over all of the
lands now or hereafter embraced within the Shenandoah National Park, the
provisions of the Act of the General Assembly of the Commonwealth of
Virginia, approved April 1, 1940 (Acts of 1940, ch. 402, p. 725), fixing
and defining the respective jurisdiction and powers of the Commonwealth
of Virginia and the United States and ceding to the United States
exclusive police jurisdiction over all lands now or hereafter included
within the park are accepted and such exclusive jurisdiction is assumed
by the United States over such lands. From June 5, 1942, the respective
jurisdiction and powers of the Commonwealth of Virginia and the United
States over all lands within the Shenandoah National Park as it is now
constituted or may hereafter be extended shall be as follows:
(a) The United States shall have exclusive jurisdiction,
legislative, executive, and judicial, with respect to the commission of
crimes, and the arrest, trial, and punishment therefor, and exclusive
general police jurisdiction thereover.
(b) The United States shall have the power to regulate or prohibit
the sale of alcoholic beverages on said lands: Provided, however, That,
if the sale of alcoholic beverages is prohibited by general law in the
Commonwealth of Virginia outside of said lands, no such alcoholic
beverages shall be sold on said lands contained in said park area: And
provided further, That, if the general laws of the Commonwealth of
Virginia permit the sale of alcoholic beverages, then the regulations of
the United States relating to such sales on said lands shall conform as
nearly as possible to the regulatory provisions in accordance with which
such sales are permitted in the Commonwealth of Virginia outside of said
park lands. Nothing in this subsection shall be construed as reserving
in the Commonwealth power to require licenses of persons engaged in the
sale of intoxicating beverages on said lands, nor the power to require
that any sales be made through official liquor stores.
(c) The Commonwealth of Virginia shall have jurisdiction to serve
civil process within the limits of said park in any suits properly
instituted in any of the courts of the Commonwealth of Virginia, and to
serve criminal process within said limits in any suits or prosecutions
for or on account of crimes committed in said Commonwealth but outside
of said park.
(d) The Commonwealth of Virginia shall have the jurisdiction and
power to levy a nondiscriminatory tax on all alcoholic beverages
possessed or sold on said lands.
(e) The Commonwealth of Virginia shall have jurisdiction and power
to tax the sales of oil and gasoline, and other motor-vehicle fuels and
lubricants for use in motor vehicles. This subsection shall not be
construed as a consent by the United States to the taxation by the
Commonwealth of such sales for the exclusive use of the United States.
(f) The Commonwealth of Virginia shall have the jurisdiction and
power to levy nondiscriminatory taxes on private individuals,
associations, and corporations, their franchises and properties, on said
lands, and on their businesses conducted thereon.
(g) The courts of the Commonwealth of Virginia shall have concurrent
jurisdiction with the courts of the United States of all civil causes of
action arising on said lands to the same extent as if the cause of
action had arisen in the county or city in which the land lies outside
the park area, and the State officers shall have jurisdiction to enforce
on said lands the judgments of said State courts and the collection of
taxes by appropriate process.
(h) Persons residing in or on any of the said lands embraced in said
Shenandoah National Park shall have the right to establish a voting
residence in Virginia by reason thereof, and the consequent right to
vote at all elections within the county or city in which said land or
lands upon which they reside are located upon like terms and conditions,
and to the same extent, as they would be entitled to vote in such county
or city if the said lands on which they reside had not been deeded or
conveyed to the United States of America. All fugitives from justice
taking refuge in the park shall be subject to the same laws as refugees
from justice found in the Commonwealth of Virginia.
(Aug. 19, 1937, ch. 703, Sec. 1, 50 Stat. 700; June 5, 1942, ch. 343, 56
Stat. 321.)
References in Text
The Act of the General Assembly of the Commonwealth of Virginia,
approved April 10, 1940 (Acts of 1940, ch. 402, p. 725), referred to in
text, was also set out as Va. Code 1936, Supp. 1942, Sec. 585 (58)a. For
provisions relating to the respective jurisdiction of Virginia and the
United States over lands in Shenandoah Park, see Sec. 7.1-19 of the Code
of Virginia 1950.
Amendments
1942--Act June 5, 1942, amended section generally.
