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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
VELMA SMEDLEY, Assistant Chief Clerk
WILLIAM R. FOLEY, Committee Counsel
MALCOLM MECARTNEY, Committee Counsel
WALTER M. BESTERMAN, Legislatire Assistant
WALTER R. LEE, Legislatire Assistant
CHARLES J. ZINN, Lau Revision Counsel

SUBCOMMITTEE No. 1

LOUIS E. GRAHAM, Pennsylvania, Chairman RUTH THOMPSON, Michigan

EMANUEL CELLER, New York
PATRICK J. HILLINGS, California

FRANCIS E. WALTER, Pennsylvania
I

CONTENTS

Page 2-170

Text of the bills..

FEBRUARY 17, 1953
Statements of Hon. Herbert Brownell, Jr., Attorney General of the United

States.

1, 171

179

201 202

217

241

244

245

243

247

248

FEBRUARY 26, 1953
Statements of-

Hon. Douglas McKay, Secretary of the Interior..
Rear Adm. Ira H. Nunn, Judge Advocate General, United States

Navy -
A report on the naval petroleum and oil-shale reserves---

March 3, 1953
Statements of—

Hon. Herbert Brownell, Jr., Attorney General of the United States---
Hon. Samuel W. Yorty, a Representative in Congress from the State

of California --
Hon. Hale Boggs, a Representative in Congress from the State of

Louisiana..
Hon. Craig Hosmer, a Representative in Congress from the State of

California..
William E. Welsh, secretary-manager, National Reclamation Asso-

ciation
Resolution of the Board of Harbor Commissioners of the city of Long

Beach, Calif. Statements of

Hon. Lloyd M. Bentsen, Jr., a Representative in Congress from the

State of Texas.
Hon. Russell V. Mack, a Representative in Congress from the State

of Washington.-
Hon. Edgar W. Hiestand, a Representative in Congress from the

State of California-
Hon. Patrick J. Hillings, a Representative in Congress from the State

of California.-
Hon. Gordon L. McDonough, a Representative in Congress from the

State of California.-
Hon. James H. Morrison, a Representative in Congress from the

State of Louisiana.
Hon. Clark W. Thompson, a Representative in Congress from the

State of Texas.
Hon. Walter Rogers, a Representative in Congress from the State of

Texas..
Hon. George S. Long, a Representative in Congress from the State of

Louisiana
Ellen Bryan Moore, register of State land office, State of Louisiana --
Hon Henry D. Larcade, Jr., former Representative in Congress from

the State of Louisiana --
Constantine N. Perkins, deputy city attorney, city of Los Angeles,

Calif., and its Board of Harbor Commissioners.
Report on Offshore Oil Lands by J. Ashton Greene and Associates..
Statements of

Fred S. Leblanc, attorney general of the State of Louisiana_
Harold R. Fatzer, attorney general of the State of Kansas..

255

255

257

257

258

259

259

261 263

265

274 278

279 284

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Page

300

302

304

326

305

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

California
llon, Carl D. Perkins, a Representative in Congress from the State of

Kentucky
John J, Real, manager and attorney for the Fishermen's Cooperative

Annociation of San Pedro, Calif.
Letter from llon. John E. Lyle, Jr., a Representative in Congress from the

State of Texas
Documents relating to the admission of Texas into the Union..
A better and statement from the Chamber of Commerce of the United
A resolution of the Board of Supervisors of the City and County of San

Francisco
A letter and revolution from the American Municipal Association..
A letter from Olin 8. Proctor, Long Beach, Calif..
A letter and resolution from the National Institute of Municipal Law

Officers
A letter from the San Francisco Chamber of Commerce
A resolution of the 68th General Assembly, State of Illinois.

299 313

315

319 319 321

322 323 338

341 346

350

354

MARCH 5, 1953 Statements of

Hon. Carl Hinshaw, a Representative in Congress from the State of

California
J. T. Sanders, legislative counsel of the National Grange--
Wallace J. Campbell, Washington representative of the Cooperative

League of the United States of America.
Hon. Michael A. Feighan, a Representative in Congress from the

State of Ohio.
Angus McDonald, assistant legislative secretary of the National

Farmers Union -
0. A. Knight, on hehalf of the Congress of Industrial Organizations
Mrs. Samuel R. Levering, Friends Committee on National Legislation,

Ararat, Va.
George D. Riley, member, national legislative committee of the

American Federation of Labor..
Hon. J. Frank Wilson, a Representative in Congress from the State of

Texas...
A memorial, House of Representatives, State of Arizona_
A letter from the Seattle Chamber of Commerce.

358 360

362

365

371 371 374

!

SUBMERGED LANDS LEGISLATION

TUESDAY, FEBRUARY 17, 1953

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HOUSE OF REPRESENTATIVES,
SUBCOMMITTEE No. 1, OF THE
COMMITTEE ON THE JUDICIARY,

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

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