SECTIONS 110-127 - California Statutes

GOVERNMENT CODE

SECTION 110-127

110. The sovereignty and jurisdiction of this State extends to all
places within its boundaries as established by the Constitution. The
extent of such jurisdiction over places that have been or may be
ceded to, purchased, or condemned by the United States is qualified
by the terms of the cession or the laws under which the purchase or
condemnation is made.

111. The jurisdiction of the State over certain lands designated in
the following statutes is subject to the cession of jurisdiction
granted the United States by such statutes:
(a) Statutes of 1854, Chapter 43, concerning Mare Island.
(b) Statutes of 1859, Chapter 305, concerning Lime Point Bluff.
(c) Statutes of 1861, Chapter 255, concerning land in the Counties
of Marin, Mendocino, Humboldt, and Klamath.
(d) Statutes of 1867-8, Chapter 76, concerning the site of the
United States Mint in San Francisco.
(e) Statutes of 1891, Chapter 106, concerning certain park and
forest reservations.
(f) Statutes of 1906 (Extraordinary Session), Chapter 58,
concerning land in San Diego County.
(g) Statutes of 1911, Chapter 675, concerning land in Riverside
County.
(h) Statutes of 1919, Chapter 51, concerning Yosemite National
Park, Sequoia National Park, and General Grant National Park.
(i) Statutes of 1927, Chapter 207, concerning Lassen Volcanic
National Park.
(j) Statutes of 1933, Chapter 845, concerning land in Lassen
County.
(k) Statutes of 1935, Chapter 328, concerning land particularly
described therein.
(l) Statutes of 1935, Chapter 340, concerning land in Solano
County, adjacent to Benicia Arsenal Reservation.
(m) Statutes of 1935, Chapter 580, concerning Benicia Arsenal
Reservation, and adjacent land.
(n) Statutes of 1941, Chapter 308, concerning an easement for
lighthouse purposes in Ventura County.
(o) Statutes of 1942 (Second Extraordinary Session), Chapter 3,
concerning Treasure Island in San Francisco Bay.

112. The State has accepted the retrocession of jurisdiction over
certain lands by the following statutes:
(a) Statutes of 1935, Chapter 828, concerning the Presidio in the
City and County of San Francisco and Fort Baker in Marin County.
(b) Statutes of 1941, Chapter 226, concerning the Presidio in the
City and County of San Francisco.

113. The Legislature of California hereby consents to the
retrocession of jurisdiction by the United States of land within this
state upon and subject to each and all of the following express
conditions:
(a) The United States must in writing have requested state
acceptance of retrocession, and unless there is an officer of the
United States empowered by a United States statute to cede
jurisdiction, the request shall be by the act of Congress. The
retrocession may return all jurisdiction to the state or may provide
for concurrent jurisdiction.
(b) When the conditions of subdivision (a) have been found and
declared to have occurred and to exist, by the State Lands
Commission, the commission shall hold a hearing to determine whether
acceptance of the retrocession is in the best interests of the state.
Notice of the hearing shall be published pursuant to Section 6061 in
each county in which the land or any part of the land is situated
and a copy of the notice shall be personally served upon the clerk of
the board of supervisors of each such county. The State Lands
Commission shall make rules and regulations governing the conditions
and procedure of the hearings.
(c) The determination of the State Lands Commission shall be final
and jurisdiction accepted shall become effective when certified
copies of its orders or resolutions have been recorded in the office
of the county recorder of each county in which any part of the land
is situated. The State Lands Commission shall keep copies of its
orders or resolutions and make them available to the public upon
request.

115. All jurisdiction ceded to the United States by this article is
limited by the terms of any retrocession of jurisdiction heretofore
or hereafter granted by the United States and accepted by the State.

118. The State consents to the use by the United States of the
territorial waters of the State adjacent to any land on the coast of
the State now or hereafter owned by or under the control of the
United States, and occupied for military purposes, in connection with
conducting target practice operations of any type on the land.
Before any of the waters are used in connection with conducting
target practice operations of any type the United States shall take
all appropriate measures and shall make and publish necessary
regulations for the protection of the person and property of all
persons using the waters. The use herein consented to shall not be so
exercised as to interfere unreasonably with the public use of the
waters.
This section shall not be construed to impose any liability
whatsoever upon the State in connection with the use of the waters as
herein set forth.

119. Exclusive jurisdiction shall be and the same is hereby ceded
to the United States over and within all of the territory which is
now or may hereafter be included in those several tracts of land in
the State of California set aside and dedicated for park purposes by
the United States as "Kings Canyon National Park"; saving however to
the State of California the right to serve civil or criminal process
within the limits of the aforesaid park in suits or prosecutions for
or on account of rights acquired, obligations incurred, or crimes
committed in said State outside of said park; and saving further to
the said State the right to tax persons and corporations, their
franchises and property on the lands included in said park, and the
right to fix and collect license fees for fishing in said park; and
saving also to the persons residing in said park now or hereafter the
right to vote at all elections held within the county or counties in
which said park is situate. The jurisdiction granted by this section
shall not vest until the United States through the proper officer
notifies the State of California that it assumes police jurisdiction
over said park.

126. Notwithstanding any other provision of law, general or
special, the Legislature of California hereby cedes concurrent
criminal jurisdiction to the United States within land held by the
United States upon and subject to each and all of the following
express limitations, conditions, and reservations, in addition to any
other limitations, conditions, or reservations prescribed by law:
(a) The lands must be held by the United States for the erection
of forts, magazines, arsenals, dockyards, and other needful
buildings, or other public purpose within the purview of clause 17 of
Section 8 of Article I of the Constitution of the United States, or
for the establishment, consolidation, and extension of national
forests under the act of Congress approved March 1, 1911, (36 Stat.
961) known as the "Weeks Act," or for any other federal purposes.
(b) The cession must be pursuant to and in compliance with the
laws of the United States.
(c) The United States must in writing have requested the state to
cede concurrent criminal jurisdiction within such land and subject to
each and all of the conditions and reservations in this section and
in Section 7 of Article X of the Constitution prescribed.
(d) The State Lands Commission is authorized for the state to cede
concurrent criminal jurisdiction to the United States, upon having
found and declared that the conditions and reservations prescribed in
subdivisions (a), (b), (c), and (g) have occurred and exist and that
the cession is in the interest of the state. Certified copies of its
orders or resolutions making these findings and declarations shall
be recorded in the office of the county recorder of each county in
which any part of the land is situated. The State Lands Commission
shall keep copies of its orders or resolutions and make them
available to the public upon request. The purposes for which
concurrent criminal jurisdiction is ceded shall be specified in and
made a part of the orders or resolutions.
(e) Jurisdiction ceded pursuant to this section continues only so
long as the land continues to belong to the United States and is held
by it for the purpose for which jurisdiction is ceded in accordance
and in compliance with each and all of the limitations, conditions,
and reservations in this section prescribed, or for five years,
whichever period is less.
(f) "Land held by the United States", as used in this section
means: (1) lands acquired in fee by purchase or condemnation, (2)
lands owned by the United States that are included in the military
reservation by presidential proclamation or act of Congress, (3)
leaseholds acquired by the United States over private lands or
state-owned lands, and (4) any other lands owned by the United States
including, but not limited to, public domain lands that are held for
a public purpose.
(g) In ceding concurrent criminal jurisdiction, the Legislature
and the state reserve jurisdiction over the land, water, and use of
water with full power to control and regulate the acquisition, use,
control, and distribution of water with respect to the land affected
by the cession.
(h) In ceding concurrent criminal jurisdiction, the Legislature
and the state except and reserve to the state all deposits of
minerals, including oil and gas, in the land, and to the state, or
persons authorized by the state, the right to prospect for, mine, and
remove the deposits from the land.
(i) Concurrent criminal jurisdiction shall vest when certified
copies of the State Lands Commission's orders or resolutions, making
such finding or declaration, have been recorded in the office of the
county recorder of each county in which any part of the land is
situated.
The finding and declaration of the State Lands Commission provided
for in subdivision (d) shall be made only after a public hearing.
Notice of the hearing shall be published pursuant to Section 6061 in
each county in which the land or any part of the land is situated and
a copy of the notice shall be personally served upon the clerk of
the board of supervisors of each such county. The State Lands
Commission shall make rules and regulations governing the conditions
and procedure of the hearings, which shall provide that the cost of
publication and service of notice and all other expenses incurred by
the commission shall be borne by the United States.
The provisions of this section do not apply to any land or water
areas heretofore or hereafter acquired by the United States for
migratory bird reservations in accordance with Sections 10680 to
10685, inclusive, of the Fish and Game Code.

127. In addition to other records maintained by the State Lands
Commission, the commission shall prepare and maintain an adequate
index or record of documents with description of the lands over which
the United States acquired jurisdiction pursuant to Section 126 of
this code or pursuant to any prior state law. Said index shall record
the degree of jurisdiction obtained by the United States for each
acquisition.