CHAPTER 772

An Act to amend and reenact § 7.1-10, as amended, of the Code of Virginia,
relating to the Washington National Airport.
[fH 1192]

Approved April 5, 1968

Be it enacted by the General Assembly of Virginia:

1. That § 7.1-10, as amended, of the Code of Virginia, be amended and
reenacted as follows:

§ 7.1-10. Boundary line between Virginia and District of Colum-
bia.—Whereas there has been passed by the Congress of the United
States Public Law two hundred eight, Seventy-Ninth Congress, approved
October thirty-first, nineteen hundred forty-five, entitled “An act to estab-
lish a boundary line between the District of Columbia and the Com-
monwealth of Virginia, and for other purposes,” Title I of the act being
as follows:

“Section 101. The boundary line between the District of Columbia
and the Commonwealth of Virginia is hereby established as follows:

“Said boundary line shall begin at a point where the northwest bound-
ary of the District of Columbia intercepts the high-water mark on the
Virginia shore of the Potomac River and following the present mean high-
water mark; thence in a southeasterly direction along the Virginia shore
of the Potomac river to Little river, along the Virginia shore of Little river
to Boundary channel, along the Virginia side of Boundary channel to the
main body of the Potomac river, along the Virginia side of the Potomac
river across the mouths of all tributaries affected by the tides of the
river to Second street, Alexandria, Virginia, from Second street to the
present established pierhead line, and following said pierhead line to its
connection with the District of Columbia-Maryland boundary line; that
whenever said mean high-water mark on the Virginia shore is altered by
artificial fills and excavations made by the United States, or by alluvion
or erosion, then the boundary shall follow the new mean high-water mark
on the Virginia shore as altered, or whenever the location of the pierhead
line along the Alexandria waterfront is altered, then the boundary shall
follow the new location of the pierhead line.

“Section 102. All that part of the territory situated on the Virginia
side of the Potomac river lying between the boundary line as described
in section one hundred one and the mean high-water mark as it existed
January twenty-fourth, seventeen hundred ninety-one, is hereby ceded to
and declared to be henceforth within the territorial boundaries, juris-
diction, and sovereignty of the State of Virginia; Provided, however,
that concurrent jurisdiction over the said area is hereby reserved to the
United States.

‘Section 1038. Nothing in this act shall be construed as relinquishing
any right, title, or interest of the United States to the lands lying between
the mean high-water mark as it existed January twenty-fourth, seventeen
hundred ninety-one, and the boundary line as described in section one
hundred one; or to limit the right of the United States to establish its title
to any of said lands as provided by act of Congress of April twenty-
seventh, nineteen hundred twelve (37 Stat. 93); or the jurisdiction of the
courts of the United States for the District of Columbia to hear and deter-
mine suits to establish the title of the United States in all lands in the bed,
marshes, and lowlands of the Potomac river, and other lands as described
by said act below the mean high-water mark of January twenty-fourth,
seventeen hundred ninety-one; or to limit the authority to make equitable
adjustments of conflicting claims as provided for in the act approved June
fourth, nineteen hundred thirty-four (48 Stat. 836).

“Section 104. The ‘present’ mean high-water mark shall be con-
strued as the mean high-water mark existing on the effective date of this
act.

“Section 105. The United States Coast and Geodetic Survey is
hereby authorized, empowered, and instructed to survey and properly
mark by suitable monuments the said boundary line as described in section
one hundred one, and from time to time to monument such sections of said
boundary line as may be changed as provided for in section one hundred
one; and the necessary appropriations for this work are hereby authorized.

“Section 106. The provisions of sections two hundred seventy-two
to two hundred eighty-nine, inclusive, of the Criminal Code (U.S.C.A.,
title eighteen, sections four hundred fifty-one to four hundred sixty-eight)
shall be applicable to such portions of the George Washington Memorial
Parkway and of the Washington National Airport as are situated within
the Commonwealth of Virginia. Any United States commissioner specially
designated for that purpose by the district court of the United States for
the Eastern District of Virginia shall have jurisdiction to try and, if
found guilty, to sentence persons charged with petty offenses against
the laws of the United States committed on the above-described portions
of the said parkway or airport. The probation laws shall be applicable
to persons so tried. For the purposes of this section, the term ‘petty
offense’ shall be defined as in section three hundred thirty-five of the
Criminal Code (U.S.C.A., title eighteen, section five hundred forty-one). If
any person charged with any petty offense as aforesaid shall so elect,
however, he shall be tried in the said district court.

“Section 107. The State of Virginia hereby consents that exclusive
jurisdiction in the Washington National Airport (as described in section
one (b) of the act of June twenty-ninth, nineteen hundred forty (fifty-
four Stat. six hundred eighty-six)), title to which is now in the United
States, shall be in the United States. The conditions upon which this
consent is given are the following and none other: (one) There is hereby
reserved in the Commonwealth of Virginia the jurisdiction and power to
levy a tax on the sale of oil, gasoline, and all other motor fuels and
lubricants sold on the Washington National Airport for use in over-the-
road vehicles such as trucks, buses, and automobiles, except sales to the
United States: Provided, that the Commonwealth of Virginia shall have
no jurisdiction or power to levy a tax on the sale or use of oil, gasoline, or
other motor fuels and lubricants for other purposes; (two) there is hereby
expressly reserved in the Commonwealth of Virginia the jurisdiction and
power to serve criminal and civil process on the Washington National
Airport; and (three) there is hereby reserved in the Commonwealth of
Virginia the jurisdiction and power to regulate the manufacture, sale, and
use of alcoholic beverages on the Washington National Airport (as de-
scribed in section one (b) of the act of June twenty-ninth, nineteen hun-
dred forty (fifty-four Stat. six hundred eighty-six) ). ae

“Subject to the limitation on the consent of the State of Virginia
as expressed herein exclusive jurisdiction in the Washington National
Airport shall be in the United States and the same is hereby accepted
by the United States.

“This act shall have no retroactive effect except that taxes and con-
tributions in connection with operations, sales and property on and income
derived at the Washington National Airport heretofore paid either to the
Commonwealth of Virginia or the District of Columbia are hereby declared
to have been paid to the proper jurisdictions and the Commonwealth of
Virginia and the District of Columbia each hereby waives any claim for
any such taxes or contributions heretofore assessed or assessable to the
extent of any such payments to either jurisdiction.

“Any provision of law of the United States or the Commonwealth
of Virginia which is to any extent in conflict with this act is to the extent
of such conflict hereby expressly repealed.

‘Section 108. This title shall not become effective unless and until
the State of Virginia shall accept the provisions thereof.”

Whereas, the boundary line as established by such act of Congress
is acceptable and satisfactory to the Commonwealth of Virginia; and
whereas, it is desirable that the Commonwealth consent that exclusive
jurisdiction over the Washington National Airport, subject to the reser-
vations and conditions prescribed in section one hundred seven of such act
of Congress and hereinafter, shall be in the United States; now, therefore,

(1) The boundary line between the District of Columbia and the
Commonwealth of Virginia is hereby established as set out in the act of
Congress above quoted.

(2) The Commonwealth of Virginia hereby accepts the provisions
of Title I of the act of Congress, subject to the provisions of paragraphs
(3), (4) and (5) below, such acceptance to be effective upon the * tenth
day of March, nineteen hundred sixty-eight.

(3) The Commonwealth of Virginia consents that exclusive juris-
diction over the Washington National Airport, subject to the reservations
and conditions prescribed in section one hundred seven of the act of
Congress above quoted not inconsistent with the provisions of paragraphs
(4) and (5) below and subject to the reservations and conditions herein-
after prescribed, shall be in the United States, and the powers reserved to
the Commonwealth of Virginia in such section one hundred seven and
hereinafter shall be vested, reside and remain in this Commonwealth.

(4) There is hereby reserved in the Commonwealth of Virginia the
jurisdiction and power to levy taxes as provided in the act of Congress of
the United States of July thirtieth, nineteen hundred forty-seven, chapter
three hundred eighty-nine, section one (sixty-one Stat. six hundred forty-
four), and the reservation of jurisdiction and power in the Commonwealth
of Virginia, and the proviso thereto, prescribed in paragraph one of section
one hundred seven of the act of Congress above quoted is hereby revoked.

(5) There is also hereby reserved in the Commonwealth of Virginia
the jurisdiction and power to impose and collect the emplaning service fee
provided for in Chapter 7, Title 5.1 of the Code of Virginia of 1950, as
amended.

This section shall not become effective unless and until the provisions
thereof are ratified and accepted by the Congress of the United States.