The Vermont Statutes Online

Title 1: General Provisions

Chapter 013: Jurisdiction of the United States

• § 551. Concurrent jurisdiction reserved

  When, pursuant to U.S. Const. Art. 1, § 8, cl. 17, consent to purchase is given and exclusive jurisdiction ceded to the United States in respect to and over any lands within this State which shall be acquired by the United States for the purposes described in such clause of the Constitution, such jurisdiction shall continue so long as the lands are held and occupied by the United States for public purposes; but concurrent jurisdiction is reserved for the execution upon such lands of all process, civil or criminal, issued by the courts of the State and not incompatible with the cession, and for the enforcement of State law in the federal enclave along the border of Canada and Vermont by law enforcement officers certified under 20 V.S.A. § 2358. The deed or other conveyance of such land to the United States shall contain a description of such lands by metes and bounds and shall be recorded in the town clerk’s office of the town in which such lands lie or an accurate map or plan and description by metes and bounds of such lands shall be filed in such clerk’s office. (Amended 1999, No. 160 (Adj. Sess.), § 1, eff. May 29, 2000.)

• § 552. Consent to purchase

  Subject to the provisions of section 551 of this title, consent to purchase is hereby given and exclusive jurisdiction is ceded to the United States in respect to and over so much land as the United States has or may acquire for the purposes described in U.S. Const. Art. 1, § 8, cl. 17. However, with respect to land hereafter sought to be acquired by the United States for flood control purposes or for other needful buildings as specified in such clause of the Constitution of the United States, the consent of the State shall not be deemed to have been given unless and until such land has been acquired by the State and conveyed to the United States in the manner provided by 29 V.S.A. chapter 15 with respect to public works projects and with the written approval of the Governor and the approval of the General Assembly. (Amended 1971, No. 167 (Adj. Sess.), § 1.)

• § 553. Federal Geological Survey

  For the purpose of making the surveys required of the Federal Geological Survey by acts of Congress, it shall be lawful for the persons employed in making the same to enter upon the lands within the boundaries of this State, but this section shall not be construed as authorizing any unnecessary interference with private rights.

• § 554. National forest lands

  The consent of the State of Vermont is hereby given to the acquisition by the United States, by purchase, gift, or condemnation with adequate compensation, of such lands in Vermont with the approval of a Board consisting of the Governor, Lieutenant Governor, Attorney General, Commissioner of Forests, Parks and Recreation, and Secretary of Agriculture, Food and Markets in the following towns: Bristol, Lincoln, Warren, Ripton, Granville, Hancock, Rochester, Pittsfield, Chittenden, Goshen, Middlebury, Salisbury, Leicester, Brandon, Mendon, Stockbridge, Winhall, Londonderry, Peru, Dorset, Danby, Landgrove, Weston, Wallingford, Mt. Holly, Mt. Tabor, Stratton, Wardsboro, Dover, Wilmington, Whitingham, Readsboro, Searsburg, Sunderland, Manchester, Woodford, Stamford, Jamaica, Bennington, Pownal, Shaftsbury, Arlington, and Killington, and the unorganized towns of Glastenbury and Somerset, which in the opinion of the federal government and the State may be needed for the establishment, consolidation, and extension of national forests in the State. Land in the Town of Rupert and the Town of Sandgate may be considered by the Board for classification within boundaries of areas of the State in which the United States may acquire lands as National Forest lands, provided that the legislative body of the town has voted to allow such consideration after having been advised to do so by a majority of town residents voting in an advisory referendum on the question. Such Board shall act on a specific parcel only after it has the written approval of the legislative body or selectboard members of the town or supervisors of an unorganized town or gore wherein such land, or a part thereof is located. (Amended 1989, No. 224 (Adj. Sess.), eff. June 4, 1990; 2013, No. 161 (Adj. Sess.), § 72.)

• § 555. Jurisdiction of United States over national forests

  The United States shall have jurisdiction to make and enforce such laws, rules, and regulations as the United States shall deem necessary for the administration, protection, and management of national forests in the State. (Amended 2021, No. 52, § 2, eff. June 3, 2021.)

• § 556. Jurisdiction of State over national forests

  In all other respects, the jurisdiction over persons and property within the territory of national forests in the State shall not be affected nor changed by reason of the acquisition of title to such lands by the United States. (Amended 2021, No. 52, § 3, eff. June 3, 2021.)

• § 557. Disposition of monies from national forests and forest products

  All sums received by this State from the United States, on account of the national forest in this State established under the provision of the Weeks Law, so-called, being an act of Congress approved May 23, 1908, and amendments thereto, and codified as 16 U.S.C. § 500, and all funds received by this State from the United States pursuant to 10 U.S.C. § 2665 from the sale of forest products produced on land owned or leased by a military department or the U. S. Department of Transportation shall be distributed as follows:

  (1) Funds from national forests under the provisions of the Weeks Law shall first be apportioned by the State Treasurer among the several school districts in which such national forest is or may be situated, in proportion to the area of such national forest in each, as determined by the forest service of the U. S. Department of Agriculture. For purposes of this section, “school district” means a town, city, independent, or unified school district.

  (2) Funds from the sale of forest products pursuant to 10 U.S.C. § 2665 shall be apportioned by the State Treasurer among the several towns in a manner proportional to the area in each town of the military installation or facility from which the forest products were produced.

  (3) The several sums so apportioned to each school district or town shall be paid over by the State Treasurer, within 60 days after receipt thereof, to the treasurer of such school district or town. Such sums shall be expended for the benefit of the public schools of such school district or for the benefit of the public roads on the part of the recipient town, in addition to the sums required by law to be raised for such purposes, in such manner as may be determined by appropriations duly made by town meetings in such town or school district. (Added 1977, No. 253 (Adj. Sess.), § 2; amended 1983, No. 32; 2001, No. 63, § 278, eff. June 16, 2001.)