16 U.S.C. § 372: Laws operative within…

Summary

A part of the Hot Springs Mountain Reservation that lies inside the boundary markers in township 2 south, range 19 west, Garland County, Arkansas — including block 82 of the permanent United States Hot Springs National Park — is placed under the sole and exclusive control of the United States. Federal rules that apply to places under exclusive federal control apply there. That federal control does not stop Arkansas courts from serving civil or criminal papers inside those boundaries. If a fugitive hides there, the State’s executive (for example, the governor), on proper request and with a lawful warrant that can operate in the area, may have the person treated under Arkansas fugitive laws. The State may also tax privately owned buildings and other private property in that area as allowed by section 365 of this title.

Title 16, §372

Conservation, Source: USLM XML via OLRC

The portion of the Hot Springs Mountain Reservation in the State of Arkansas situated and lying within boundaries defined as follows, “commencing at stone monument numbered 7, set upon the west line of Reserve Avenue and marking the boundary line of Hot Springs Mountain, and running thence in a northwesterly direction to a point upon the south line of Fountain Street to a stone monument numbered 42 and marking the boundary line of Hot Springs Mountain; thence along the south line of Fountain Street to its intersection with Central Avenue or to stone monument numbered 33; thence south along the east line of Central Avenue to where the same is intersected by Reserve Avenue at stone monument numbered 30; thence along the north boundary line of Reserve Avenue to stone monument numbered 7, the point of commencement; all in township 2 south, range 19 west, in the county of Garland and State of Arkansas, and also block 82, being a part of the permanent United States Hot Springs National Park”, or within such boundaries as may be defined hereafter, shall be under the sole and exclusive jurisdiction of the United States, and all laws applicable to places under such sole and exclusive jurisdiction shall have full force and effect therein. Nothing in this section and section 373 and 374 of this title shall be so construed as to forbid the service within said boundaries of any civil or criminal process of any court having jurisdiction in the State of Arkansas. All fugitives from justice taking refuge within said boundaries shall, on due application to the executive of said State, whose warrant may lawfully run within said territory for said purpose, be subject to the laws which apply to fugitives from justice found in the State of Arkansas. Said sections shall not be so construed as to interfere with the right to tax all structures and other property in private ownership within the boundaries above described, accorded to the State of Arkansas by section 365 of this title.

Notes & Related Subsidiaries

Editorial Notes

Codification Provisions formerly at end of section making the described portion of the park part of the United States judicial district of Arkansas and giving jurisdiction of offenses therein to the district court were from section 2 of act of Apr. 20, 1904, and the remainder from section 1 of act Apr. 20, 1904. Act Mar. 3, 1911 conferred the power of the circuit courts upon the district courts. Act Sept. 18, 1922, ch. 321, accepted the provisions of the Act of the Legislature of the State of Arkansas, approved Feb. 2, 1921, ceding to the United States exclusive jurisdiction over block 82, aforesaid, and extended to block 82 the provisions of this section and section 373 and 374 of this title. Provision of section 1 of act Apr. 20, 1904, reciting the acceptance of the provisions of the Act of the Arkansas Legislature ceding to the United States exclusive jurisdiction over the territory described in section 1 aforesaid was omitted for purposes of codification. The line of the reservation was changed, and the tract of land thereby excluded was ceded to the city of Hot Springs, to be used for street purposes only, by act

May 23, 1906, ch. 2552, 34 Stat. 198. Certain lots situated on the Hot Springs Reservation were granted to the school district of Hot Springs by act Apr. 30, 1908, ch. 154, § 1, 35 Stat. 98. A strip of land described was ceded to the city of Hot Springs for use as a public street, by act

June 25, 1910, ch. 417, 36 Stat. 844. The three provisions last mentioned were omitted from the Code as executed.

Amendments

1948—Act

June 25, 1948, struck out provision at end of section based on section 2 of act Apr. 20, 1904, which read “and the above-described portion of said park shall constitute a part of the Western United States judicial district of Arkansas, and the district court for said district shall have jurisdiction of all offenses committed within said boundaries”. See section 83 of Title 28, Judiciary and Judicial Procedure, section 3231 of Title 18, Crimes and Criminal Procedure, and rule 18 of the Federal Rules of Criminal Procedure, Title 18, Appendix. 1946—Act

June 24, 1946, transferred the park from the jurisdiction of the Eastern United States Judicial District of Arkansas to the Western United States Judicial District of Arkansas.

Statutory Notes and Related Subsidiaries

Effective Date

of 1948 Amendment section 38 of act June 25, 1948, provided that the amendment made by that act is effective Sept. 1, 1948.

§372 Laws Operative Within Judicial District of Arkansas