10 U.S.C. § 2683

Relinquishment of legislative jurisdiction; minimum drinking age on military installations

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(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.(Added Pub. L. 91–511, title VI, § 613(1), Oct. 26, 1970, 84 Stat. 1226; amended Pub. L. 92–545, title VIII, § 707, Oct. 25, 1972, 86 Stat. 1154; Pub. L. 93–283, § 3, May 14, 1974, 88 Stat. 141; Pub. L. 99–145, title XII, § 1224(a), (b)(1), (c)(1), Nov. 8, 1985, 99 Stat. 728, 729; Pub. L. 99–661, div. A, title XIII, § 1343(a)(18), Nov. 14, 1986, 100 Stat. 3993; Pub. L. 100–526, title I, § 106(b)(2), Oct. 24, 1988, 102 Stat. 2625.)Editorial NotesAmendments

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 SubsidiariesEffective 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].”

Notes of Decisions

Cited in 10 cases, 1974–2018 · leading case: North Dakota v. United States, 495 U.S. 423 (1990).

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North Dakota v. United States, 495 U.S. 423 (1990). · cites it 2× “See 10 U. S. C. § 2683 . North Dakota's laws permit the Governor to consent to any retrocession of jurisdiction offered.”

Federico v. Lincoln Military Hous., 901 F. Supp. 2d 654 (E.D. Va. 2012). “To effectuate this adjustment, the United States relinquished its exclusive legislative jurisdiction pursuant to 10 U.S.C. § 2683 over all of the land delineated and described in two enclosures to the letter.”

In Re Air Crash Disaster at Gander, Newfoundland, 660 F. Supp. 1202 (W.D. Ky. 1987). “Counsel have not favored the court with a discussion of the United State’s recession of the power to serve process on Fort Campbell to Kentucky pursuant to 10 U.S.C. § 2683 . By letter dated May 24, 1976 from Secretary of the Army Martin R.”

People of Puerto Rico v. Gerald Thomas Koedel, 927 F.2d 662 (1st Cir. 1991). “10 U.S.C. § 2683 . 5 . Sections 54 and 55 of Title 28 of the Laws of Puerto Rico further provided that, for land acquired after 1955, exclusive jurisdiction would be granted to the United States only when the Governor of Puerto Rico deems it to be in the best interests of the…”

United States v. Dotson, 615 F.3d 1162 (9th Cir. 2010). “Similarly, 10 U.S.C. § 2683 , does not itself govern the furnishing of alcohol to minors, but rather authorizes and instructs the Secretary to do so.”

Atl. Marine Corps Communities, LLC v. Onslow Cnty., 497 F. Supp. 2d 743 (E.D.N.C. 2007). “The United States Has Not Lost Exclusive Jurisdiction Over the Marine Corps Lands Federal jurisdiction, once properly obtained, does not necessarily persist in perpetuity. The federal government may surrender jurisdiction over state lands back to the state through a process…”

United States v. Franklin Dale Goings & Seth Peter Bad Cob, 504 F.2d 809 (8th Cir. 1974). “10 U.S.C. § 2683 provides that the Secretary of a military department may relinquish to a State the legislative jurisdiction of the United States over lands or interests under his control in that State.”

State v. Dodson, 182 P.3d 436 (Wash. Ct. App. 2008). “1987) (citing 10 U.S.C. § 2683 and letter from Army Secretary as authority for United State's recession of power to serve process on Fort Campbell to Kentucky).”

Juv. CausesConstitutional Law – Fed. Enclaves – WhetherState Authorities Have Jurisdiction Over JuvenileOffenses On Aberdeen Proving Ground. (Md. Att'y Gen. 2018). · cites it 4× “See 10 U.S.C. § 2683 . That retrocession would be effective once accepted by the Governor under § 6-202 of the General Provisions Article and would preclude any argument that State authorities lack jurisdiction.”

Maryland Attorney Gen. Opinion 103OAG49 (Md. Att'y Gen. 2018). · cites it 4× “See 10 U.S.C. § 2683 . That retrocession would be effective once accepted by the Governor under § 6-202 of the General Provisions Article and would preclude any argument that State authorities lack jurisdiction.”

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