PRIA, Government Policy, Made Personal

Summary

The Secretary in charge may give a State, Commonwealth, territory, or possession all or part of the United States’ lawmaking control over federal lands they manage there. To do that, the Secretary can file a notice with the governor (or top official) that takes effect if the state accepts it, or follow whatever the state’s laws allow. This power is extra and does not replace other laws. The Secretary must make the minimum drinking age on a military base match the State’s minimum drinking age. If a base sits in more than one State, or is within 50 miles of another State or of Mexico or Canada, the Secretary may use the lowest relevant age from those places. A base commander can waive the rule for special circumstances the Secretary of Defense defines. “State” includes the District of Columbia. “Minimum drinking age” means the age for buying, having, or drinking alcohol.

Title 10, §2683

Armed Forces, Source: USLM XML via OLRC

(a)Notwithstanding any other provision of law, the Secretary concerned may, whenever he considers it desirable, relinquish to a State, or to a Commonwealth, territory, or possession of the United States, all or part of the legislative jurisdiction of the United States over lands or interests under his control in that State, Commonwealth, territory, or possession. Relinquishment of legislative jurisdiction under this section may be accomplished (1) by filing with the Governor (or, if none exists, with the chief executive officer) of the State, Commonwealth, territory, or possession concerned a notice of relinquishment to take effect upon acceptance thereof, or (2) as the laws of the State, Commonwealth, territory, or possession may otherwise provide.

(b)The authority granted by subsection (a) is in addition to and not instead of that granted by any other provision of law.

(c)(1)Except as provided in paragraphs (2) and (3), the Secretary concerned shall establish and enforce as the minimum drinking age on a military installation located in a State the age established by the law of that State as the State minimum drinking age.

(2)(A)In the case of a military installation located—

(i)in more than one State; or

(ii)in one State but within 50 miles of another State or Mexico or Canada,

the Secretary concerned may establish and enforce as the minimum drinking age on that military installation the lowest applicable age.

(B)In subparagraph (A), the term “lowest applicable age” means the lowest minimum drinking age established by the law—

(i)of a State in which a military installation is located; or

(ii)of a State or jurisdiction of Mexico or Canada that is within 50 miles of such military installation.

(3)(A)The commanding officer of a military installation may waive the requirement of paragraph (1) if such commanding officer determines that the exemption is justified by special circumstances.

(B)The Secretary of Defense shall define by regulations what constitute special circumstances for the purposes of this paragraph.

(4)In this subsection:

(A)The term “State” includes the District of Columbia.

(B)The term “minimum drinking age” means the minimum age or ages established for persons who may purchase, possess, or consume alcoholic beverages.

Notes & Related Subsidiaries

Editorial Notes

Amendments

1988—Subsec. (c)(2)(B). Pub. L. 100–526, § 106(b)(2)(A), substituted “the term ‘lowest applicable age’ ” for “ ‘lowest age’ ”. Subsec. (c)(4)(A). Pub. L. 100–526, § 106(b)(2)(B)(i), substituted “The term ‘State’ ” for “ ‘State’ ”. Subsec. (c)(4)(B). Pub. L. 100–526, § 106(b)(2)(B)(ii), substituted “The term ‘minimum’ ” for “ ‘Minimum’ ”. 1986—Subsec. (b). Pub. L. 99–661 struck out “this” before “subsection (a)”. 1985—Pub. L. 99–145, § 1224(c)(1), inserted “; minimum drinking age on military installations” in section catchline. Subsec. (b). Pub. L. 99–145, § 1224(b)(1), substituted “subsection (a)” for “section”. Subsec. (c). Pub. L. 99–145, § 1224(a), added subsec. (c). 1974—Subsec. (a). Pub. L. 93–283 substituted “Secretary concerned” for “Secretary of a military department”. 1972—Subsec. (a). Pub. L. 92–545 provided for relinquishment of all or part of legislative jurisdiction of the United States over lands or interests to Commonwealths, territories, or possessions of the United States.

Statutory Notes and Related Subsidiaries

Effective Date

of 1985 Amendment Pub. L. 99–145, title XII, § 1224(d), Nov. 8, 1985, 99 Stat. 729, provided that: “The

Amendments

made by this section [amending this section and provisions set out as a note under section 113 of this title] shall take effect 90 days after the date of the enactment of this Act [Nov. 8, 1985].”

§2683 Relinquishment of Legislative Jurisdiction; Minimum Drinking Age on Military Installations

Summary

Title 10, §2683

Notes & Related Subsidiaries

Editorial Notes

Amendments

Statutory Notes and Related Subsidiaries

Effective Date

Amendments

Citations & Metadata