Title 50, Chapter 2, Section 23.1
( 50-2-23.1)
(a) The consent of the State of Georgia is given to the cession of
concurrent jurisdiction to the United States of America over lands
within the boundaries of the State of Georgia that are owned by the
United States of America or over which such jurisdiction is
necessary for the effective administration and management of the
lands owned by the United States. (b) Whenever the United States of America desires to acquire
concurrent jurisdiction over lands of the type described in
subsection (a) of this Code section, application therefor shall be
made to the Governor by the principal officer of the agency of the
United States having administrative and legal control over the land
and shall describe with specificity the lands for which concurrent
jurisdiction is sought. For the purpose of this Code section,
"legal control" shall include the authority to sell, convey, rent,
lease, make covenants, alienate, or otherwise control by lawful
means, any and all interests and rights in real property including
but not limited to the right of possession to, use of, and travel
upon or over relevant lands. (c) Upon receipt of an application to acquire concurrent
jurisdiction on behalf of the United States over lands of the type
described in subsection (a) of this Code section, the Governor is
authorized to cede concurrent jurisdiction over such lands to the
United States. (d) Cession of concurrent jurisdiction shall be effected by means of
negotiation and execution of an agreement between the Governor on
behalf of the state and the principal officer of the United States
agency having administrative and legal control over the land. Any
jurisdiction not specifically ceded in any such agreement is
reserved to the state. Cession of such concurrent jurisdiction as
is ceded by the state in any such agreement shall become effective
upon the acceptance by the United States indicated in writing upon
the instrument of cession by the authorized official or officials of
the United States. (e) Nothing contained in this Code section or in any instrument
executed pursuant to it shall be construed as consent either to the
preemption of any of the laws and regulations of this state or to
the exemption of any federal lands from regulation pursuant to the
laws and regulations of this state to the extent such lands are
subject thereto. Nor shall any provision of this law or any
instrument executed pursuant thereto be construed as a limitation or
restriction upon the power, right, and authority of the General
Assembly to enact laws and authorize the promulgation of
regulations. |