328.075 - Procedure; limits of federal jurisdiction. - Nevada Statutes

328.075  Procedure; limits of federal jurisdiction.

      1.  Upon application by an officer of an agency or instrumentality of the United States in accordance with Clause 17 of Section 8 of Article I of the Constitution of the United States, the Legislature, or the Legislative Commission when the Legislature is not in regular session, may by resolution cede concurrent criminal jurisdiction to the United States respecting any land held by the United States for the erection of forts, magazines, arsenals, dockyards or other needful buildings, or for another governmental purpose authorized by the Constitution, subject to the conditions and reservations set forth in this section and NRS 328.085. Jurisdiction other than concurrent criminal jurisdiction may be ceded only by the Legislature when in regular session.

      2.  Federal jurisdiction over land to which this State has not ceded its jurisdiction is limited to carrying out governmental purposes authorized by the Constitution of the United States, and federal jurisdiction over lands held for other purposes is limited to that exercisable by an ordinary proprietor under the laws of this State.

      3.  An application for a cession of jurisdiction must set forth:

      (a) The purpose of the application and the nature and extent of the jurisdiction sought;

      (b) The legal description of the land involved, together with a map of the land;

      (c) A statement of the governmental purpose to be carried out on the land and the federal statute authorizing that activity; and

      (d) A verification by an officer of the agency or instrumentality who has knowledge of the contents of the application.

      4.  The Legislative Commission, upon the advice of the Attorney General and after a hearing, may cede concurrent criminal jurisdiction to the United States on behalf of this State if it finds that the contents of the application are true and the cession is in the best interests of this State. Notice of its hearing must be given as required by law.

      (Added to NRS by 1981, 918)