Title
Authorize the Monterey County Sheriff to sign a letter to the Department of the Army Corps of Engineers, on behalf of the County of Monterey for the retrocession of 165,000 acres of land at Fort Hunter Liggett. (REMOVED VIA SUPPLEMENTAL)
Report
RECOMMENDATION:
It is recommended that the Board of Supervisors:
a. Authorize the Monterey County Sheriff to sign a letter to the Department of the Army Corps of Engineers, on behalf of the County of Monterey for the retrocession of 165,000 acres of land at Fort Hunter Liggett.
SUMMARY/DISCUSSION:
The Monterey County Sheriff's Office is requesting the Board of Supervisors authorize the Monterey County Sheriff to execute a letter to the Department of the Army Corps of Engineers, on behalf of the County of Monterey, for the retrocession of 165,000 acres of land at Fort Hunter Liggett.
Retrocessions of jurisdiction occurs when the United States returns all or part of the legislative jurisdiction previously ceded to it by California. In doing so, concurrent, or proprietorial jurisdiction can be established. Retrocessions occur at the discretion of the United States and generally take place when there can be an enhancement of law enforcement or state services and benefits can be made available to persons living or working on a federal property.
When the state cedes concurrent jurisdiction, the United States and California exercise the same degree of civil and criminal legislative authority over the federal lands in question. Between 1961 and 1976, California ceded its legislative authority to establish exclusive jurisdiction with the United States.
The reason for this retrocession request is because there is not a federal system equivalent to the State systems for juvenile misconduct. The Army directed its installations to ensure that juvenile misconduct that occurs on installation can be adjudicated, preferably in those State systems.
In California, the solution appears to be ensuring concurrent legislative juris...
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