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1940. The provision of the foregoing act relating to Shoshone Indian Reservation was repealed by the act approved February 2, 1929 (Session Laws of Wyoming, 1929, page 18).

By act approved February 13, 1897 (Laws of Wyoming, 1897, page 39), the consent of the State was given to the acquisition by the United States by purchase, condemnation or otherwise of land required for public buildings, custom houses, arsenals, national cemeteries or for any other purposes of the Government and jurisdiction over said lands was exclusively ceded to the United States reserving the right to serve civil and criminal process of the State courts. This act appears in substance at Sections 118-101, et seq., Wyoming Revised Statutes, 1931.

WYOMING CASE: Danielson v. Donmopray, 47 F. (2) 565.

APPENDIX III

RECORD OF LANDS OWNED BY THE UNITED STATES

The following information reflecting the ownership of lands by the United States is taken from the Report of the Joint Committee on Reduction of Nonessential Expenditures on "Federal Ownership of Real Estate," dated November 18, 1943, and being Senate Document No. 130, 78th Congress, First Session.

TABLE I.—Total acreage of land owned by the Federal Government (including public domain, past acquisitions, and prospective acquisitions)

2

Total land owned by United States June 30, 19401.
Acquired July 1, 1940, to June 30, 1941 2.
Acquired July 1, 1941, to June 30, 1942
Acquired July 1, 1942, to Jan. 30, 1943
Pending condemnation

Pending direct purchase-
Prospective acquisitions:
War Department 3.
Navy Department

Total

3

2

2

Acres 368,816,289

2,458,302

1,813,825

2,546,050

6,291,269

424,798

1,150,000

100,000

383,600,533

"This total of 383,600,533 acres owned or to be acquired by the Federal Government is equal in size to the combined area of Maine, New Hampshire, Vermont, Rhode Island, Massachusetts, Connecticut, Pennsylvania, New York, New Jersey, Delaware, Maryland, West Virginia, Virginia, North Carolina, South Carolina, Georgia, Florida, Ohio, Alabama, Kentucky, and Indiana. It represents 20 percent of the entire area of the United States.

"Of the total land acquired by the Federal Government up to June 30, 1940, 334,987,000 acres were in the public domain and 33,829,000 acres were acquired by purchase, condemnation proceedings, etc.

"From July 1, 1940, to January 30, 1943, land acquisitions, totaling 14,884,244 acres have been acquired or are in the process of condemnation or purchase. This represents a total of 23,256 square miles, a land area nearly equaling that of West Virginia."

1 Federal Works Agency computation.

2 Department of Justice computation. 3 Excludes estimated transfers.

TABLE II.-Land acquisition, by agency, to January 30, 1943

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"As of January 30, 1943, of the total land acquired by the Federal Government at least 205,085,839 acres have been acquired by the Department of the Interior. Some 162,752,608 acres have been acquired by the Department of Agriculture. These two Departments, as of January 30, controlled over 95 percent of all land owned by the Federal Government. Much of this land is in the public domain.

"The War Department as of the above date controlled 6,316,520 acres. This amount will have been considerably augmented when present pending acquisition, including_transfers, totaling 16,769,185 acres are cleared. At such time the War Department will then have acquired 23,085,705 acres, including transfers. The Navy Department has acquired 598,488 acres with a similar 799,198 acres pending acquisition. This will total 1,397,686 acres. The Tennessee Valley Authority, fifth largest Government landholder, has acquired 626,504 acres with none pending.

"The cost of land acquired by the Federal Government as of January 30, 1943, was $889,900,882. This cost does not include the purchase of 334,987,431 acres of public domain, comprising five-sixths of all federally owned land. Nor does it include 8,762 parcels of land procured (such as city lots) which, from July 1, 1940, to January 30, 1943, cost $144,952,877, for a total land cost of $1,034,853,759, to January 30, 1943."

INDEX

(References are to pages)

A

Acceptance not necessary prior to February 1, 1940.
Acceptance, no particular form of, required...

Acceptance, must be received by Governor of State.

Acceptance, necessary since February 1, 1940..

Acquisition of lands by Federal Government, State laws cannot affect
Acquisition, setting aside public lands, is not..
Acquisition, lease of property, is not....
Administrative powers reserved by State..
Advance consent not necessary..

Agreements between State and Federal Governments as to relative
powers

Alabama, digest of cession laws..

Arizona, digest of cession laws.

Arkansas, digest of cession laws.

Arlington Hotel case (Hot Springs)

Assimilative Crimes Act.....

Attorney General's Opinions concerning R. S. 355..

Beacons

Buck Act

B

Buildings, "other needful," discussed.

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C

California, digest of cession laws...

58

Cession not necessary if consent to purchase given..

11

Cession statute, distinguished from consent-to-purchase statute..

7,8

Cession statute, when term used generally.

8

Character of use is a political question..

36

Colorado, digest of cession laws....

58

Concurrent jurisdiction, State may retain..

9, 26

Condemnation, not a purchase within purview of Constitution... 20, 21, 22, 23

Condemnation, when United States first acquired lands by.

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Congress, legislative power in Territories and Insular Possessions..

Congress, powers delegated to by Constitution.

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Consent of State not necessary to purchase by United States.
Consent-to-purchase statute, dstinguished from cession statute.
Consent-to-purchase statute, reservations and conditions in.
Consent to purchase may be conditionally given..
Consent to purchase, State may qualify...

8

7,8

9

9

22, 23

Constitution, delegation of powers to Congress..
Constructive relation of State and Federal Governments....7, 8, 11, 20, 28, 44
Corporation of Government, acquisition of lands for use of.
Court houses

1

33

Courts will not inquire into character of Government's use.
Crimes, when State may retain jurisdiction over.

Criminal laws in ceded territory..

Custom houses

27, 44

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Delaware, digest of cession laws....

Disposed of, Federal jurisdiction lost when land is.
District of Columbia..

Dual relation of State and Federal Governments.

E

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Exclusive jurisdiction, intent of Government to exercise may be nega-
tived

Exclusive jurisdiction, meaning of

Exclusive jurisdiction, when considered essential to Federal use..

F

Federal agencies, statutes authorizing taxation of....
Federal Government's right to acquire land, source of..
Federal law, effect of State cession statutes determined by.
Federal laws, laws of former sovereign, remain in force as.
Federal Real Estate Board..

Federal statutes recognizing State laws in ceded territory.
Federal use, character of, political question...
Flood control, not a constitutional use..

Florida, digest of cession laws..

Foraker Act

Former sovereign, laws of, remain in force.

14

6, 19

10

48

2

12

38

48

44

36

24

59

51

37

G

Game laws of State, not operative against Federal Government....
Georgia, digest of cession laws...

Governor, cession of jurisdiction by..

H

Highways on Government land, power to regulate....

Hospitals

Hot Springs (Arkansas) National Park, application of State laws
within

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Housing projects

I

Idaho, digest of cession laws..

60

Illinois, digest of cession laws...

60

Immigrant stations, crimes committed within.

53

Implied power of Federal Government.

1

Indian Training Schools......

23

Indiana, digest of cession laws..

60

Insular Possessions and Territories.

50

Intent of cession statute looked to..

11

Interfere, State cannot, with Government's use of its lands.
Iowa, digest of cession laws...

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Jurisdiction, acceptance necessary since February 1, 1940..

Jurisdiction, acceptance presumed before act of February 1, 1940..

Jurisdiction, revests in State when...

Jurisdiction, when means "exclusive jurisdiction".

8

11, 13

11, 12

7,8

14

33

19

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L

Lanham Housing Act..

Lease, not purchase, within purview of Constitution.
Leased property, jurisdiction not acquired over.
Legislature of State must relinquish State's jurisdiction.
Light house sites..

Locks and dams..

Louisiana, digest of cession laws.

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Motor fuel, taxation within federal areas.

Municipal laws of former sovereign remain in force, when..

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62

63

64

64

53

64

65

65

65

54

37

Mutual arrangements between two governments respecting relative
powers

5

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Police power, Government's right with respect to lands, in nature of

3, 4

Police power of State cannot obstruct Federal Government's functions
Political laws of ceding State, superseded...

4

41

Political privileges of inhabitants of ceded areas.

41

Possession under war powers, without title, does not pass jurisdiction,
contrary view

17

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