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if the local law were changed by the legis-
lature, it would take another act of Con-
gress to change that local law to make it
federal law.
They finally, however, got an assimilated
crimes act, which has been upheld by the
Supreme Court of the United States as be-
ing proper, and that makes state law fed-
eral law on those enclaves.
THE CHAIRMAN: Are there any other
questions?
(There was no response.)
If not, the Committee Chairman may re-
turn to his seat.
Delegate Storm, do you now desire to
offer your Amendment C?
DELEGATE STORM: If you please, Mr.
Chairman.
THE CHAIRMAN: Amendment C will
be Amendment No. 1.
The Clerk will read the amendment.
READING CLERK: Amendment No. 1
to Committee Recommendation GP-5 by
Delegates Storm and Jett:
On page 1 strike out all of lines 5
through 15, inclusive, and insert in lieu
thereof the following:
"Notwithstanding anything contained or
omitted in any act or acts of the General
Assembly ceding jurisdiction over lands
within this State to the United States or in
giving consent to the acquisition of any
lands within this State by the United
States or any agency thereof, whether by
purchase, lease, condemnation or otherwise,
the jurisdiction of the laws of this State
over persons, property, transactions, acts or
omissions of individuals or private corpora-
tions within the limits of or on such lands
shall not cease or terminate, except to such
extent as may be specifically required by an
act of Congress. Nothing in this section
shall be deemed or construed to restrict the
jurisdiction and authority of this State over
any lands, and the persons, property and
transactions thereon, heretofore acquired
by the United States. Any laws of the
State continuing in effect within the limits
of or on such lands shall not be effective
if inconsistent with the governmental uses,
purposes and functions for which the land
was acquired or is used by the United
States."
THE CHAIRMAN: The amendment hav-
ing been submitted by Delegate Storm and
seconded by Delegate Jett, the Chair recog-
nizes Delegate Storm.
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DELEGATE STORM: Mr. Chairman, I
would like to mention that although we
were perfectly satisfied with the original
language, it was a little bit confusing,
and I was fortunate enough to get in touch
with an attorney in the Department of
Justice who had chaired a meeting of some
twenty-three federal agencies interested in
this proposal.
He said in the letter to me, which I will
file with the Committee records, uncer-
tainty as to the meaning of the Code pro-
vision had been responsible for the en-
actment of several Maryland statutes pro-
viding for cession of jurisdiction as to
specific federal properties.
He went over this amendment and made
one change which is reflected in it, and he
says, "Now, as I construe it, this would
provide for a grant of at most concurrent
jurisdiction by the legislature of the State
by special statute or general statute except
where the Congress otherwise required by a
statute which would be passed. I concur
with you that this approach would accom-
plish the purpose of retaining the normal
relations of the State with residents of
lands federally-acquired in the future while
permitting federal agencies freely to ac-
quire jurisdiction under appropriate state
statute adequate for most, if not all, fed-
eral operations and enabling the Congress
to specifically request greater amounts of
jurisdiction."
I might say that this would, I think,
answer Delegate Sherbow's question. The
federal government no longer wants exclu-
sive jurisdiction. They very seldom exercise
exclusive jurisdiction. That was the argu-
ment, you know, on that vote section where
I wanted to eliminate the word "exercise".
He says they have practically never ex-
ercised jurisdiction exclusively. They con-
sider it a nuisance. They realize that it is
upsetting to personnel, people that live on
these enclaves.
You see, when this started it was just
maybe a lighthouse keeper involved, but
then as the federal government grew and
as people began living on these enclaves,
they still stuck to the same age-old prac-
tice of asking for exclusive jurisdiction and
the state giving them exclusive jurisdiction
which they never exercised.
Now I think both sides understand that
people should be in a state, even though the
federal government may want exclusive
jurisdiction in some instances where there
is some very high secrecy or something
required.
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