Title 16ConservationRelease 119-73

§403c–1 Respective jurisdiction of Virginia and United States over lands in Shenandoah Park

Title 16 › Chapter CHAPTER 1— - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES › Subchapter SUBCHAPTER XLVI— - SHENANDOAH NATIONAL PARK AND GREAT SMOKY MOUNTAINS NATIONAL PARK › § 403c–1

Last updated Apr 6, 2026|Official source

Summary

The United States took exclusive control over law enforcement and criminal matters in all land inside Shenandoah National Park, starting June 5, 1942, based on a Virginia law approved April 1, 1940. The United States has sole power to arrest, try, and punish crimes and to run general police work there. The U.S. also can ban or control alcohol sales in the park. If Virginia bans alcohol outside the park, no alcohol can be sold inside; if Virginia allows sales, U.S. rules in the park should follow Virginia rules as closely as possible (but Virginia cannot force park sellers to have state licenses or sell only through state stores). Virginia keeps certain powers: serving civil court papers in the park, serving criminal papers for crimes committed in Virginia but outside the park, taxing alcohol fairly, taxing motor fuel sales, and taxing people, property, franchises, and businesses on park land. State courts share civil jurisdiction with federal courts for cases that happen in the park, and state officers can enforce state judgments and collect taxes there. People who live on park land may use that address to vote in the county or city where the land is located, and anyone hiding from justice in the park is treated the same as a fugitive under Virginia law.

Full Legal Text

Title 16, §403c–1

Conservation — Source: USLM XML via OLRC

In order to provide for uniform Federal jurisdiction over all of the lands now or hereafter embraced within the Shenandoah National Park, the provisions of the Act of the General Assembly of the Commonwealth of Virginia, approved April 1, 1940 (Acts of 1940, ch. 402, p. 725), fixing and defining the respective jurisdiction and powers of the Commonwealth of Virginia and the United States and ceding to the United States exclusive police jurisdiction over all lands now or hereafter included within the park are accepted and such exclusive jurisdiction is assumed by the United States over such lands. From June 5, 1942, the respective jurisdiction and powers of the Commonwealth of Virginia and the United States over all lands within the Shenandoah National Park as it is now constituted or may hereafter be extended shall be as follows:
(a)The United States shall have exclusive jurisdiction, legislative, executive, and judicial, with respect to the commission of crimes, and the arrest, trial, and punishment therefor, and exclusive general police jurisdiction thereover.
(b)The United States shall have the power to regulate or prohibit the sale of alcoholic beverages on said lands: Provided, however, That, if the sale of alcoholic beverages is prohibited by general law in the Commonwealth of Virginia outside of said lands, no such alcoholic beverages shall be sold on said lands contained in said park area: And provided further, That, if the general laws of the Commonwealth of Virginia permit the sale of alcoholic beverages, then the regulations of the United States relating to such sales on said lands shall conform as nearly as possible to the regulatory provisions in accordance with which such sales are permitted in the Commonwealth of Virginia outside of said park lands. Nothing in this subsection shall be construed as reserving in the Commonwealth power to require licenses of persons engaged in the sale of intoxicating beverages on said lands, nor the power to require that any sales be made through official liquor stores.
(c)The Commonwealth of Virginia shall have jurisdiction to serve civil process within the limits of said park in any suits properly instituted in any of the courts of the Commonwealth of Virginia, and to serve criminal process within said limits in any suits or prosecutions for or on account of crimes committed in said Commonwealth but outside of said park.
(d)The Commonwealth of Virginia shall have the jurisdiction and power to levy a nondiscriminatory tax on all alcoholic beverages possessed or sold on said lands.
(e)The Commonwealth of Virginia shall have jurisdiction and power to tax the sales of oil and gasoline, and other motor-vehicle fuels and lubricants for use in motor vehicles. This subsection shall not be construed as a consent by the United States to the taxation by the Commonwealth of such sales for the exclusive use of the United States.
(f)The Commonwealth of Virginia shall have the jurisdiction and power to levy nondiscriminatory taxes on private individuals, associations, and corporations, their franchises and properties, on said lands, and on their businesses conducted thereon.
(g)The courts of the Commonwealth of Virginia shall have concurrent jurisdiction with the courts of the United States of all civil causes of action arising on said lands to the same extent as if the cause of action had arisen in the county or city in which the land lies outside the park area, and the State officers shall have jurisdiction to enforce on said lands the judgments of said State courts and the collection of taxes by appropriate process.
(h)Persons residing in or on any of the said lands embraced in said Shenandoah National Park shall have the right to establish a voting residence in Virginia by reason thereof, and the consequent right to vote at all elections within the county or city in which said land or lands upon which they reside are located upon like terms and conditions, and to the same extent, as they would be entitled to vote in such county or city if the said lands on which they reside had not been deeded or conveyed to the United States of America. All fugitives from justice taking refuge in the park shall be subject to the same laws as refugees from justice found in the Commonwealth of Virginia.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

References in Text

The Act of the General Assembly of the Commonwealth of Virginia, approved April 1, 1940 (Acts of 1940, ch. 402, p. 725), referred to in text, was also set out as Va. Code 1936, Supp. 1942, § 585 (58)a.

Amendments

1942—Act June 5, 1942, amended section generally.

Reference

Citations & Metadata

Citation

16 U.S.C. § 403c–1

Title 16Conservation

Last Updated

Apr 6, 2026

Release point: 119-73