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 The provision of the foregoing act relating to Shoshone Indian Reservation was repealed by the act approved February 2, 1929 (Session Laws of Wyoming, 1929, page 18).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

Acres Total land owned by United States June 30, 1940

368,816,289 Acquired July 1, 1940, to June 30, 1941 ?.

2,458,302 Acquired July 1, 1941, to June 30, 1942 2

1,813,825 Acquired July 1, 1942, to Jan. 30, 1943 ?.

2,546,050 Pending condemnation

6,291,269 Pending direct purchase

424,798 Prospective acquisitions: War Department ?

1,150,000 Navy Department

100,000

1

2

2

2

2

Total

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."

i Federal Works Agency computation. 2 Department of Justice computation. 3 Excludes estimated transfers.

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

Establishment

Department of Agriculture.
Department of Commerce
Department of Interior
Department of Justice .
Navy Department ..
Post Office Department.
Department of State..
Treasury Department.
War Department..
National Capital Housing Authority.
Architect of the Capitol.
Federal Communications Commission
Federal Reserve Board
Federal Security Agency
Federal Works Agency.
Government Printing Office..
Home Owners' Loan Corporation...
National Advisory Committee for Aeronautics.
Red Cross.
Smithsonian Institution
Soldiers' Home ...
Tennessee Valley Authority.
U. S. Maritime Commission.
Veterans' Administration...
Reconstruction Finance Corporation.
National Housing Agency.
District of Columbia..

Total.....

Total acres Total cost of acquired to acreage acquired Jan. 30, 1943 to Jan. 80, 1943 162,752,608 $116,017,102

32,437 2,768,035 205,085,839 108,703,532

25,756 2,023,270 598,488 43,321,661

1,806 139,988,647 52,954 585,799

30,114 4,874,830 6,316,520 275,874,079

150 1,081,400 206 17,269,166 538

60,921 5

737,180 15,028 3,999,840 24,217 85,145,681

5 5,658,736

1 1,141,500 239

20,500 4 357,634 199

276,561 500

326,193 626,504 61,168,451

970 4,868,703 66,491 12,066,207 46

425,842 2,485 1,114,677 356

24,735 375,634,466 $889,900,882

“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.”

1

INDEX

(References are to pages)

А

25

Acceptance not necessary prior to February 1, 1940...

11, 12
Acceptance, no particular form of, required..

13
Acceptance, must be received by Governor of State.

14
Acceptance, necessary since February 1, 1940..

11, 13
Acquisition of lands by Federal Government, State laws cannot affect 4
Acquisition, setting aside public lands, is not..

31
Acquisition, lease of property, is not.....

30
Administrative powers reserved by State..
Advance consent not necessary..

11
Agreements between State and Federal Governments as to relative
powers

5
Alabama, digest of cession laws.
Arizona, digest of cession laws.

57
Arkansas, digest of cession laws..

57
Arlington Hotel case (Hot Springs)

34
Assimilative Crimes Act......

44, 45
Attorney General's Opinions concerning R. S. 355..

28

57

B
Beacons
Buck Act
Buildings, “other needful,” discussed.

54
42, 49

22

7,8

9, 27

50

С
California, digest of cession laws....

58
Cession not necessary if consent to purchase given.

11
Cession statute, distinguished from consent-to-purchase statute.
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.

21
Conditions precedent to vesting of jurisdiction.

15
Conditions in cession statute, validity of...

9
Conditions in consent-to-purchase statutes
Conditional consent to purchase...

9
Congress, legislative power in Territories and Insular Possessions..
Congress, powers delegated to by Constitution.

1
Congress, power of, over land of United States.

2
Congress, retrocession of jurisdiction by..

36
Connecticut, digest of cession laws...

59
Consent need not be given in advance.

11
Consent of State not necessary to purchase by United States...

8
Consent-to-purchase statute, dstinguished from cession statute.

7,8
Consent-to-purchase statute, reservations and conditions in.

9
Consent to purchase may be conditionally given..

9
Consent to purchase, State may qualify....

22, 23
Constitution, delegation of powers to Congress.

1
Constructive relation of State and Federal Governments....7, 8, 11, 20, 28, 44
Corporation of Government, acquisition of lands for use of..

33
Court houses

23
Courts will not inquire into character of Government's use.

36
Crimes, when State may retain jurisdiction over.

46
Criminal laws in ceded territory...

27, 44
Custom houses

23

D

Dams and locks...
Deed of cession by Governor
Defense housing projects.

23
16
55
61
62

Delaware, digest of cession laws...
Disposed of, Federal jurisdiction lost when land is.
District of Columbia..
Dual relation of State and Federal Governments.

59
33

49
.7, 8, 11, 20, 28, 44

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

tived
Exclusive jurisdiction, meaning of
Exclusive jurisdiction, when considered essential to Federal use..

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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.

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.

2
60
16

H

3,4
23

Highways on Government land, power to regulate...
Hospitals
Hot Springs (Arkansas) National Park, application of State laws

within
Housing projects

54
23

I
Idaho, digest of cession laws...
Illinois, digest of cession laws..
Immigrant stations, crimes committed within.
Implied power of Federal Government.
Indian Training Schools....
Indiana, digest of cession laws.
Insular Possessions and Territories.
Intent of cession statute looked to.
Interfere, State cannot, with Government's use of its lands.
Iowa, digest of cession laws...
Irrigation, not a constitutional use.

[blocks in formation]

J

Joint Resolution of September 11, 1841.
Jurisdiction, acceptance necessary since February 1, 1940.
Jurisdiction, acceptance presumed before act of February 1, 1940.
Jurisdiction, how surrendered by State.....
Jurisdiction, non-acceptance shown by circumstances.
Jurisdiction, revests in State when....
Jurisdiction, when means “exclusive jurisdiction”.

8
11, 13
11, 12
7,8
14
33

19

K

Kansas, digest of cession laws..
Kentucky, digest of cession laws.

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.

55
29
29

7
54
23
62

M
Maine, digest of cession laws...

62
Maps, deeds, etc., when necessary to record.

15, 16
Maryland, digest of cession laws...

63
Massachusetts, digest of cession laws.

64
Michigan, digest of cession laws..

64
Migratory bird reservations...

53
Minnesota, digest of cession laws...

64
Mississippi, digest of cession laws..

65
Missouri, digest of cession laws.

65
Montana, digest of cession laws.

65
Motor fuel, taxation within federal areas.

54
Municipal laws of former sovereign remain in force, when.

37
Mutual arrangements between two governments respecting relative
powers

5

N

25

53
32
22

66

National Park, use of lands for, constitutional.
National Parks, offenses committed within.
Navigable waters, lands under.
Navy Yard
Nebraska, digest of cession laws.
Nevada, digest of cession laws.
New Hampshire, digest of cession laws.
New Jersey, digest of cession laws.
New Mexico, digest of cession laws.
New York, digest of cession laws...
Non-acceptance of jurisdiction shown by circumstances.
North Carolina, digest of cession laws...
North Dakota, digest of cession laws..

67
67
67
67
67
14
68
68

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Occupancy alone does not vest jurisdiction...
Ohio, digest of cession laws..
Oklahoma, digest of cession laws.
Old Point Comfort (Virginia) Hotel case.
Option, possession under without title, effect of.
Oregon, digest of cession laws..
Organic laws of Territories and Insular Possessions.
“Other needful" buildings...
Ownership alone does not vest jurisdiction in government.

5
69
69
34
18
69
51
22
5

25

43

P
Partial jurisdiction
Penal laws of State cease to be effective..
Penitentaries
Pennsylvania, digest of cession laws.
Permanent use of land contemplated by Constitution.
Piers
Police power, Government's right with respect to lands, in nature of
Police power of State cannot obstruct Federal Government's functions
Political laws of ceding State, superseded...
Political privileges of inhabitants of ceded areas.
Possession under war powers, without title, does not pass jurisdiction,

contrary view

23
70
29
23
3,4

4
41
41

17

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