U.S. Code » Title 40 » Subtitle SUBTITLE II— PUBLIC BUILDINGS AND WORKS › Part PART A— GENERAL › Chapter CHAPTER 31— GENERAL › Subchapter SUBCHAPTER VI— MISCELLANEOUS

40 U.S.C. § 3172

Extension of state workers’ compensation laws to buildings, works, and property of the Federal Government

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(a)Authorization of Extension.—The state authority charged with enforcing and requiring compliance with the state workers’ compensation laws and with the orders, decisions, and awards of the authority may apply the laws to all land and premises in the State which the Federal Government owns or holds by deed or act of cession, and to all projects, buildings, constructions, improvements, and property in the State and belonging to the Government, in the same way and to the same extent as if the premises were under the exclusive jurisdiction of the State in which the land, premises, projects, buildings, constructions, improvements, or property are located.(b)Limitation on Relinquishing Jurisdiction.—The Government under this section does not relinquish its jurisdiction for any other purpose.(c)Nonapplication.—This section does not modify or amend subchapter I of chapter 81 of title 5.(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1154.)

Historical and Revision Notes

Revised

Section

Source (U.S. Code)

Source (Statutes at Large)

3172(a)

40:290 (1st par., last par. words before 1st proviso).

June 25, 1936, ch. 822, 49 Stat. 1938.

3172(b)

40:290 (last par. 1st proviso).

3172(c)

40:290 (last par. last proviso).

In subsection (a), the words “by purchase or otherwise” and 40:290(last par. words before 1st proviso) are omitted as unnecessary.

Subsection (b) is substituted for 40:290(last par. 1st proviso) to eliminate unnecessary words.

In subsection (c), the words “subchapter I of chapter 81 of title 5” are substituted for “the United States Employees’ Compensation Act as amended from time to time (Act of September 7, 1916, 39 Stat. 742, U.S.C., title 5 and supplement, sec. 751 et seq.)” because of section 7(b) of the Act of September 6, 1966 (Public Law 89–554, 80 Stat. 631), the first section of which enacted Title 5, United States Code.

Notes of Decisions
Cited in 14 cases (4 in the last 5 years), 2007–2022 · leading case: Swenson v. Nickaboine, 793 N.W.2d 738 (Minn. 2011).
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Swenson v. Nickaboine, 793 N.W.2d 738 (Minn. 2011). · cites it 7× “The judge discussed two potential sources of state jurisdiction: 40 U.S.C. § 3172 (2006) and Public Law 280, see Pub.”
United States v. Washington, 596 U.S. 832 (2022). · cites it 5× “The District Court concluded that the law was constitutional because it fell within the scope of a federal waiver of immunity contained in 40 U. S. C. §3172 . The Ninth Circuit affirmed.”
Balderrama v. Pride Indus., Inc., 963 F. Supp. 2d 646 (W.D. Tex. 2013). · cites it 14× “However, with respect to the TWCA, which was enacted in 1913, the analysis is altered by a federal statute, codified at 40 U.S.C. § 3172 (previously codified at 40 U.”
United States v. State of Washington, 994 F.3d 994 (9th Cir. 2020). · cites it 6× “The panel held that HB 1723 fell within the waiver of 40 U.S.C. § 3172 , which authorizes States to apply their workers’ compensation laws to federal lands and projects in * The Honorable James Donato, United States District Judge for the Northern District of California, sitting…”
State ex rel. Workforce Saf. & Ins. v. JFK Raingutters, 2007 ND 80, 733 N.W.2d 248. · cites it 4× “— The state authority charged with enforcing and requiring compliance with the state workers’ compensation laws and with the orders, decisions, and awards of the authority may apply the laws to all land and premises in the State which the Federal Government owns or holds by deed…”
Allison v. Boeing Laser Technical Servs., 689 F.3d 1234 (10th Cir. 2012). “§ 457 ; workers’ compensation, 40 U.S.C. § 3172 ; unemployment compensation, 26 U.”
Kennicott v. Sandia Corp., 314 F. Supp. 3d 1142 (D.N.M. 2018). “§ 457 ; workers' compensation, 40 U.S.C. § 3172 ; unemployment compensation, *1165 26 U.”
Benavidez v. Sandia Nat'l Labs., 212 F. Supp. 3d 1039 (D.N.M. 2016). “§ 457 ; workers’ compensation, 40 U.S.C. § 3172 ; unemployment compensation, 26 U.”
Louisiana United Bus. Ass'n Cas. Ins. v. J & J Maint., Inc., 133 F. Supp. 3d 852 (W.D. La. 2015). “Workers’ compensation exception and removability exemption Under 40 U.S.C. § 3172 (a), states may apply their workers’ compensation laws to land held by the federal government within that state.”
United States v. State of Washington, No. 19-35673 (9th Cir. Apr. 15, 2021). · cites it 19× “The panel held that HB 1723 fell within the waiver of 40 U.S.C. § 3172 , which authorizes states to apply their workers’ compensation laws to federal lands and projects in the states in the same way as if the premises were under the exclusive jurisdiction of the states.”
Robidoux v. Muholland, 733 F. Supp. 2d 198 (D. Mass. 2010). · cites it 2× “40 U.S.C. § 3172 , however, makes clear that Congress intended that federal property within a state should be treated as property of that state for the purposes of applying workers’ compensation laws.”
Albers v. Yarbrough World Solutions, LLC, No. 5:19-cv-05896, 2020 WL 2218964 (N.D. Cal. May 7, 2020). · cites it 3× “22 Plaintiff cites to 40 U.S.C. § 3172 and 26 U.S.C. § 3305 (d) to support his argument that 23 California law applies to the Presidio.”
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