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Title 40, Public Buildings, Property, and WorksRelease 119-110

§3112 Federal Jurisdiction

Title 40 › SUBTITLE II — PUBLIC BUILDINGS AND WORKS › PART A — GENERAL › CHAPTER 31 — GENERAL › SUBCHAPTER II — ACQUIRING LAND › § 3112

Last updated Sep 22, 2026|Official source

Summary

The federal government does not have to get exclusive control over land it buys or owns. If a head of a federal department or agency wants federal control over land in a state, that official may ask the state to give or agree to that control. If the federal government accepts control, it must file a notice of acceptance with the state governor or in another way the state law allows. Until the federal government follows that process and files the notice, it is legally assumed the state still has control.

Full Legal Text

Title 40, §3112

Public Buildings, Property, and Works, Source: USLM XML via OLRC

(a)Exclusive Jurisdiction Not Required.—
It is not required that the Federal Government obtain exclusive jurisdiction in the United States over land or an interest in land it acquires.
(b)Acquisition and Acceptance of Jurisdiction.—
When the head of a department, agency, or independent establishment of the Government, or other authorized officer of the department, agency, or independent establishment, considers it desirable, that individual may accept or secure, from the State in which land or an interest in land that is under the immediate jurisdiction, custody, or control of the individual is situated, consent to, or cession of, any jurisdiction over the land or interest not previously obtained. The individual shall indicate acceptance of jurisdiction on behalf of the Government by filing a notice of acceptance with the Governor of the State or in another manner prescribed by the laws of the State where the land is situated.
(c)Presumption.—
It is conclusively presumed that jurisdiction has not been accepted until the Government accepts jurisdiction over land as provided in this section.

Legislative History

Notes & Related Subsidiaries

Historical and Revision Notes

Revised SectionSource (U.S. Code)Source (Statutes at Large) 3112(a)40:255 (last par. 1st sentence words before semicolon).R.S. § 355 (last par.); June 28, 1930, ch. 710, 46 Stat. 828; Feb. 1, 1940, ch. 18, 54 Stat. 19; Oct. 9, 1940, ch. 793, 54 Stat. 1083. 3112(b)40:255 (last par. 1st sentence words after semicolon). 3112(c)40:255 (last par. last sentence). Subsection (a) is substituted for 40:255 (last par. 1st sentence words before semicolon) to eliminate unnecessary words. In subsection (b), the words “exclusive or partial” are omitted as unnecessary.

Reference

Citations & Metadata

Citation

40 U.S.C. § 3112

Title 40, Public Buildings, Property, and Works

Last Updated

Sep 22, 2026

Release point: 119-110