N.Y. State Law 38 – Relinquishment of legislative jurisdiction by the United States of America to this state
§ 38. Relinquishment of legislative jurisdiction by the United States of America to this state. 1. The governor is hereby authorized, whenever he deems it desirable and in the public interest, to cooperate with any executive agency of the United States of America in following and fulfilling the procedure set forth in public law 87-852 of the United States statutes at large, approved October twenty-third, nineteen hundred sixty-two, for the relinquishment to this state, by the United States of America acting by and through such executive agency, of all or part of the legislative jurisdiction over land within this state, which legislative jurisdiction was heretofore ceded or hereafter will have been ceded by this state to the United States of America, including the execution and delivery by the governor of the acceptance provided for by the said public law 87-852.
Terms Used In N.Y. State Law 38
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Public law: A public bill or joint resolution that has passed both chambers and been enacted into law. Public laws have general applicability nationwide.
- Statutes at large: A chronological listing of the laws enacted each Congress. They are published in volumes numbered by Congress.
Upon such execution and delivery of an acceptance, the governor shall cause the notice of relinquishment, provided for by the said public law 87-852, and a duplicate original acceptance to be filed and recorded in the office of the secretary of state of this state. The secretary of state of this state shall cause to be printed in the session laws, of the year succeeding such filing and recording in his office, a statement of the date of the notice of relinquishment, the name of the federal executive agency which issued the notice, a description of the land affected, the date of the acceptance by the governor and the date of the filing and recording in the office of the secretary of state.
2. Notwithstanding any other provision of this chapter or any other law, the commissioner of general services, upon such terms and conditions as seem proper to him, may accept on behalf of the state the relinquishment or retrocession of all or part of jurisdiction in and over lands previously or subsequently acquired by or ceded to the United States of America. The relinquishment or retrocession of such jurisdiction shall be effective upon the written acceptance by the commissioner of general services of a notice of relinquishment or retrocession signed by the secretary or head of the appropriate department or agency of the United States of America. The notice of relinquishment or retrocession and an executed counterpart of the written acceptance thereof shall be filed or recorded with the department of state. The secretary of state shall cause to be printed in the session laws of the year succeeding such filing or recording a statement of (a) the date of the notice of relinquishment or retrocession, (b) the name of the department or agency of the United States of America which issued such notice, (c) a description of the land affected, (d) the date of acceptance of such notice and (e) the date of the filing or recording of the written acceptance of such notice.