NORTH CAROLINA GENERAL ASSEMBLY

1979 SESSION

 

 

CHAPTER 560

SENATE BILL 53

 

 

AN ACT TO AUTHORIZE THE GOVERNOR TO CEDE JURISDICTION TO THE UNITED STATES IN NATIONAL PARKS TO ACHIEVE CONCURRENT JURISDICTION.

 

The General Assembly of North Carolina enacts:

 

Section 1.  Chapter 104 of the General Statutes is hereby amended by adding thereto a new Article 3 to read as follows:

"Article 3.

"Jurisdiction Over National Park System Lands.

"§ 104-30.  Governor authorized to cede jurisdiction. — (a) Whenever the United States shall desire to acquire legislative jurisdiction over any lands of the National Park System within this State and shall make application for that purpose the Governor is authorized to cede to the United States such measure of jurisdiction, not exceeding that requested by the United States, as he may deem proper over all or any part of such lands as to which a cession of legislative jurisdiction is requested, reserving to the State such concurrent or partial jurisdiction as he may deem proper.

(b)        Said application on behalf of the United States shall state in particular the measure of jurisdiction desired and shall be accompanied by an accurate description of the lands of the National Park System over which such jurisdiction is desired and information as to which of such lands are then owned or leased by the United States.

(c)        Said cession of jurisdiction shall become effective when it is accepted on behalf of the United States, which acceptance shall be indicated, in writing upon the instrument of cession, by an authorized official of the United States and admitting it to record in the appropriate land records of the county in which lands are situated.

"§ 104-31.  Jurisdiction reserved. — Notwithstanding any other provision of law, there are reserved over any lands as to which any legislative jurisdiction may be ceded to the United States pursuant to this Article, the State's entire legislative jurisdiction with respect to taxation and that of each State agency, county, city, political subdivision, and public district of the State; the State's entire legislative jurisdiction with respect to marriage, divorce, annulment, adoption, commitment of the mentally incompetent, and descent and distribution of property; concurrent power to enforce the criminal law; and the power to execute any process, civil or criminal, issued under the authority of the State; nor shall any persons residing on such lands be deprived of any civil or political rights, including the right of suffrage, by reason of the cession of such jurisdiction to the United States."

Sec. 2.  The provisions of this act shall not apply to any lands owned by the United States and held in trust for the Eastern Band of Cherokee Indians, located in Jackson, Swain, Graham, or Cherokee Counties.

Sec. 3.  This act is effective upon ratification.

In the General Assembly read three times and ratified, this the 14th day of May, 1979.