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MEMORANDUM OF AGREEMENT FOR CONCURRENT JURISDICTION - ...,.,

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AT NATIONAL PARK SERVICE UNITS WITHIN THE r::.o
STATE OF TENNESSEE __I.J

Th~s Agreement, made and entered into this 3

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day of
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/j;r: I , 1997, by and between the United Sbate 8

ofmerica,. acting by and through the Director of the Natio'na'.l c....)
Park Service, United States Department of the Interior, on be;hafi
of the Secretary of the Interior, and the State of Tennessee,
acting by and through the Governor of the State of Tennessee.

W I T N E S S E T H

WHEREAS, The United States of America owns certain lands

within the State of Tennessee which are part of the National Park
System; and

WHEREAS, all of the lands and waters within the boundaries

of the following units of the ~ational Park Service in Tennessee
are subject to this Agreement:

A. Andrew Johnson National Historic Site;

B. Big South Fork National River and Recreation Area;
C. Chickamauga and Chattanooga National Military Park;
D Cumberland Gap National Historical Park;
E Foothills Parkway;
F. Fort Donelson National Battlefield;
G. Great Smoky Mountains National Park;
H. Natchez Trace Parkway;
I. Obed Wild and Scenic River;
J. Shiloh National Military Park; and
K. Stones River National Battiefield

(hereinafter sometimes referred to as "PARK LANDS"); and

WHEREAS, Public Law 94-458 (16 U.S.C. section la-1, et seq.)

directed the Secretary of Interior, inter alia, to "diligently
pursue the consummation of arrangements with each State .
within which- a unit of the National Park System is located to the
end that insofar as practicable the United States shall exercise
concurrent legislative jurisdiction within the units of the
National Park System"; and

WHEREAS, the Director of the National Park Service,

Department of the Interior, has the requisite administrative and
legal authority to act for the United States of America in the
execution of agreements pursuant to Public Law 94-458 and has
specific authority to execute this Agreement; and

WHEREAS, pursuant to Tennessee Code Annotated, section 4-1-

106 (1979), the Governor of Tennessee is authorized to cede
concurrent jurisdiction to the United States of America over
lands within the boundaries of the State that are owned by the
United States; and
 WHEREAS, pursuant to Tennessee Code Annotated, section 4-l-
ios (l975), the Governor of said State may accept a retrocession
of jurisdiction over the lands within the State of Tennessee,
title to which is vested in the United States of America; and

WHEREAS, various National Park Service units within PARK

LANDS are subject to proprietary, exclusive, or proprietary and
exclusive jurisdiction of the United States; and

WHEREAS, it is to the mutual advantage of both the United

States and the State of Tennessee to develop a uniform system of
concurrent jurisdiction for PARK LANDS in that the development of
a uniform system will reduce law enforcement response time, will
diminish the cost thereof to the public, and will promote the
public welfare and enjoyment of the PARK LANDS by establishing a
uniform system of law enforcement.

NOW, THEREFORE, IT IS HEREBY AGREED BY THE PARTIES HERETO

THAT

.1.

As of the effective date of this Agreement, the State of

Tennessee cedes concurrent criminal law enforcement jurisdiction
over PARK LANDS to the United States of America. Such cession of
concurrent jurisdiction over PARK LANDS in accordance with
Section 4-1-106 of the Tennessee Code Annotated (1975) is hereby
accepted by the United States in accordance with 40 U.S.C. 255.

2.

As of the effective date of this Agreement, the United

States of America retrocedes to the State of Tennessee concurrent
criminal law enforcement Jurisdiction currently subject to
exclusive jurisdiction of the United States in accordance with
section 6, Public Law 94-458 (16 U.S.C. section la-3), which
retrocession of jurisdiction is hereby accepted by the State of
Tennessee in_accordance with section 4-1-105 of the Tennessee
Code Annotated (1975).

3.

Subject to the reservations contained herein both the United

States and the State of Tennessee shall concurrently exercise law
enforcement jurisdiction over lands within the boundaries of PARK
LANDS as they presently exist or as such boundaries may hereafter
be changed or altered. It is further understood and agreed by
the parties hereto that services of State government shall be
available to PARK LANDS in accordance with the laws of the State
of Tennessee, the Constitution of the United States or such other
laws as the State may be subject to.
 4.

The statutory authority of the National Park Service and the

regulations promulgated thereunder shall remain in full force and
effect; provided, nothing contained herein shall be construed as
either consent to preemption of any of the laws and regulations
of this State or a limitation or restriction upon the power,
right and authority of the State of Tennessee to enact laws and
promulgate regulations.

5.

The National Park Service shall have primary responsibility

for maintaining law and order and for the protection of persons,
property, and resources upon PARK LANDS; provided, however, the
provisions hereof shall not be construed so as to preclude or in
any way abridge the right of State and local la~ enforcement
officials to exercise such law enforcement powers as are
authorized or may be authorized in the future under State law on
said lands.

6.

The National Park Service shall advise the appropriate State

or local law enforcement officials of any law enforcement
activities on any part of PARK LANDS which are conducted by the
National Park Service utilizing the provisions of State law which
federal law enforcement officers are authorized to enforce.

7.

State law enforcement officials shall advise the National

Park Service of law enforcement activities on PARK LANDS in which
State law enforcement officials participate.

8.

The National Park Service and the State shall cooperate in

prosecution~ initiated by either of them by causing their
respective employees and agents to appear as witnesses in federal
and State courts when requested by the prosecuting authority and
voluntarily coordinate and exchange relevant investigative
reports and information.

9.

On National Park System units within PARK LANDS where

hunting and fishing are permitted by the National Park Service a
license of the State of Tennessee shall be required for each
person who hunts or fishes.
 10.
The police agencies of each will effect the maximum degree
of cooperation that their resources and priorities will allow in
order that resources of each unit of PARK LANDS and the visitors
to those units will be protected and that such cooperation shall
include, but not be limited to, problems of traffic control,
criminal activity (both felony and misdemeanors) and such other
activity as may be mutually determined to be in the best interest
of the parties.
11.

Where it is determined by the National Park Service that

supplemental agreements with local law enforcement agencies will
be advantageous in the interest of effective and consistent law
enforcement, then nothing contained herein shall be construed to
preclude the execution of such agree~ents.

12.

Both the United States and the State Tennessee by this

Agreement express their mutual interest in PARK LANDS. The
responsibilities and obligations of the National Park Service
will be undertaken and assumed in such a manner and to the extent
that this interest will assure the general public with a program
of recreational opportunities together with the conservation of
patural resources. The State shall cooperate with the National
Park Service in the performance of this responsibility in a
manner consistent with State law.

13.

National Park System units whether presently existing or

not, may be made subject to this Agreement by amendment in
writing specifying that such units are subject to the terms,
conditions and agreements contained herein. Additionally,
provisions of this Agreement may be modified by written agreement
between the parties hereto specifying the provisions of this
paragraph are subject to compliance with Public Law 94-458 and
Tennessee Code Annotated sections 4-1-105 and 4-1-106 (1975)

This Agreement shall become effective on A~r; / o?3,,. Jt}f'"!

 IN WITNESS WHEREOF, the parties hereof have caused their
representatives to affix their signatures on the dates herein
below written.

STATE OF TENNESSEE UNITED STATES DEPARTMENT

OF THE INTERIOR

Service
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