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COMMITTEE ON THE JUDICIARY
CHAUNCEY W. REED, Ilinois, Chairman LOUIS E. GRAHAM, Penrsylvania
EMANUEL CELLER, New York CLIFFORD P. CASE. New Jersey
FRANCIS E. WALTER, Pennsylvania KENNETH B. KEATING, New York
JOSEPH R. BRISOX, South Carolina WILLIAM M. MCCULLOCH, Ohio
THOMAS J. LANE, Massachusetts EDGAR A. JONAS, Iinois
MICHAEL A. FEIGHAN, Ohio RUTH THOMPSOX, Michigan
FRANK L. CHELF, Kentucky PATRICK J. HILLINGS, California
J. FRANK WILSON, Texas SHEPARD J. CRCMPACKER, JR., Indiana EDWIN E. WILLIS, Louisiana WILLIAM E. MILLER, New York
JAMES B. FRAZIER, JE., Tennessee DEAN P. TAYLOR, New York
PETER W. RODIXO, JR., New Jersey USHER L. BURDICK, North Dakota
WOODROW W. JONES, North Carolina GEORGE MEADER, Michigan
E. L. FORRESTER, Georgia LAURENCE CURTIS, Massachusetts
BIROX G. ROGERS, Colorado JOHN M. ROBSION, JR., Kentucky
HAROLD D. DONOHUE, Massachusetts DEWITT S. HYDE, Maryland
BESSIE M. ORCCTT, Chief Clerk
SUBCOMMITTEE No. 1
LOUIS E. GRAHAM, Pennsylvania, Chairman RUTH THOMPSON, Michigan
EMANUEL CELLER, New York
FRANCIS E. WALTER, Pennsylvania
Text of the bills..
FEBRUARY 17, 1953
FEBRUARY 26, 1953
Hon. Douglas McKay, Secretary of the Interior..
March 3, 1953
Hon. Herbert Brownell, Jr., Attorney General of the United States---
of California --
Beach, Calif. Statements of
Hon. Lloyd M. Bentsen, Jr., a Representative in Congress from the
State of Texas.
State of California-
State of California.-
State of Louisiana.
State of Texas.
the State of Louisiana --
Calif., and its Board of Harbor Commissioners.
Fred S. Leblanc, attorney general of the State of Louisiana_
MARCH 4, 1953 Buatamente of
lion, Francis E. Walter, a Representative in Congress from the State
of Pennsylvania lion, James B. Utt, a Representative in Congress from the State of
California lion, Cecil R. King, a Representative in Congress from the State of
Annociation of San Pedro, Calif.
State of Texas
319 319 321
322 323 338
MARCH 5, 1953 Statements of
Hon. Carl Hinshaw, a Representative in Congress from the State of
League of the United States of America.
State of Ohio.
Farmers Union -
American Federation of Labor..
371 371 374
SUBMERGED LANDS LEGISLATION
TUESDAY, FEBRUARY 17, 1953
HOUSE OF REPRESENTATIVES,
Washington, D. C. Subcommittee No. 1 of the Committee on the Judiciary met, pursuant to call, at 10:30 a. m., in room 346, Old House Office Building, Hon. Louis E. Graham, chairman of subcommittee No. 1, presiding.
Present: Representatives Louis_ E. Graham (presiding), Ruth Thompson, Patrick J. Hillings, Emanuel Celler, and Francis E. Walter.
Also present: Chauncey W. Reed (chairman of the Committee on the Judiciary), Kenneth B. Keating, William M. McCulloch, Edgar A. Jonas, Shepard J. Crumpacker, Jr., Dean P. Taylor, Usher L. Burdick, George Meader, Laurence Curtis, DeWitt S. Hyde, Joseph R. Bryson, Thomas J. Lane, J. Frank Wilson, Edwin E. Willis, James B. Frazier, Jr., Peter W. Rodino, Jr., Woodrow W. Jones, E. L. Forrester, and Byron G. Rogers.
Mr. GRAHAM. The committee will come to order.
The CHAIRMAN. Mr. Chairman, it gives me great pleasure to present the Attorney General of the United States, Mr. Herbert Brownell, Jr.
Mr. GRAHAM. Thank you, Mr. Reed.
Mr. Brownell, before you begin, may the Chair make a preliminary announcement for your benefit as well as others who are present here today.
Our plan of procedure will be as follows: The photographers will take the photographs now and then kindly leave. We will go through with the hearing and hear your testimony, take a recess, and then revert back into the full committee. We will be delighted to have you remain with the full committee, if you desire to do so, and have you make any statement that you wish. Our course will be determined by your pleasure and your time.
Attorney General BROWNELL. Thank you, Mr. Chairman.
Mr. GRAHAM. The Chair would like to make one further statement before we begin, for the information of the new members of the committee, as well as Mr. Brownell.
The hearings on submerged lands starting this morning will be the 16th hearing on this question. The 15th was initiated yesterday on the Senate side, so that there have been 14 hearings on this same question in previous Congresses. In the course of all these hearings, over 6,000 printed pages have been taken in the form of testimony and documents. In view of that, we feel it wise that we incorporate those hearings at this time into the record by reference in an honest effort to cut down expense, save duplication, and put the matter in a way so that it can be expedited quickly.
I might give you a breakdown of the bills referred to this subcommittee on the question.
There have been 37 bills referred to Subcommittee No. 1 on this question; 26 House resolutions and 11 House joint resolutions.
There are 16 which deal with the area within the 3-mile limit or historic State boundaries.
There are 14 which deal with the entire area of the Continental Shelf.
One bill, H. R. 381, is limited to the historic boundaries of Texas.
Two bills, a House joint resolution and H. R. 1931, merely provide for the setting aside of Executive Order 10426 of January 16, 1953.
House Joint Resolution 15 provides for interim operation for a 5year period.
House Joint Resolution 89 provides substantially that the income from the submerged lands shall be used by the Federal Government as grants-in-aid to education.
House Joint Resolution 126 provides for interim operation with the proceeds therefrom devoted to national defense and security, and aids to education.
This is the present status of the matter. (The bills are as follows)
[H. R. 90, 83d Cong., 1st sess. ] A BILL To confirm and establish the titles of the State to lands beneath navigable waters
within Stato boundaries and natural resources within such lands and waters and to provide for the use and control of said lands and resources
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the United States of America recognizing
(a) that the several States, and the others as hereinafter mentioned, since July 4, 1776, or since their formation and admission to the Union, have exercised full powers of ownership of all lands beneath navigable waters within their respective boundaries and all natural resources, including fish and other marine life within such lands and waters, and full control of said natural resources, with the full acquiescence and approval of the United States and in accordance with many pronouncements of the Supreme Court and decisions of the executive departments of the Federal Government that such lands and resources were vested in the respective States as an incident to State sovereignty and that the exercise of such powers of ownership and control has not in the past impaired or interfered with and will not impair or interfere with the exercise by the Federal Government of its constitutional powers in relation to said lands and navigable waters and to the control and regulation of commerce, navigation, national defense, and international relations; and
(b) that the several States, their subdivisions, and persons lawfully acting pursuant to State authority have expended enormous sums of money on improving and reclaiming said lands and in developing the natural re sources in said lands and waters in full reliance upon the validity of their titles; and
(c) that a recent decision of the Supreme Court held that the Federal Government has certain paramount powers with respect to a portion of said lands without reaffirming or settling the ultimate question of ownership of such lands and resources, but said decision recognizes that the question of the ownership and control of said lands and natural resources, is within the "congressional area of national power” and that Congress will