not execute its powers "in such way as to bring about injustices to States, their subdivisions, or persons acting pursuant to their permission"; it is hereby determined and declared to be in the public interest that title to and ownership of the lands beneath navigable waters within the boundaries of the respective States, and the natural resources within such lands and waters, and the right and power to control, develop, and use the said natural resources in accordance with applicable State law be, and they are hereby, recognized, confirmed, established, and vested in the respective States or the persons lawfully entitled thereto under the law as established by the decisions of the respective courts of such States, and the respective grantees, lessees, or successors in interest thereof; and the United States hereby releases and relinquishes unto said States and persons aforesaid all right, title, and interest of the United States, if any it has, in and to all said lands, improvements, and natural resources, and releases and relinquishes all claims of the United States if any it has, arising out of any operations of said States or persons pursuant to State authority upon or within said lands and navigable waters: Provided, however, That nothing in this Act shall affect the use, development, improvement, and control by or under the authority of the United States of said lands and waters for the purposes of navigation or flood control or the production or distribution of power, or be construed as the release or relinquishments of any rights of the United States arising under the authority of Congress to regulate or improve navigation or to provide for flood control or the production or distribution of power.

SEC. 2. As used in this Act

(a) the term "lands beneath navigable waters" includes (1) all lands within the boundaries of each of the respective States which were covered by waters navigable under the laws of the United States, at the time such State became a member of the Union, and all lands permanently or periodically covered by tidal waters up to but not above the line of mean high tide and seaward to a line three geographical miles distant from the coast line of each such State and to the boundary line of each such State where in any case such boundary, as it existed at the time such State became a member of the Union, or as heretofore or hereafter approved by Congress, extends seaward (or into the Great Lakes or Gulf of Mexico) beyond three geographical miles, and (2) all lands formerly beneath navigable waters, as herein defined, which have been filled or reclaimed; the term "boundaries" includes the seaward boundaries of a State or its boundaries in the Gulf of Mexico or any of the Great Lakes as they existed at the time such State became a member of the Union, or as heretofore or hereafter approved by the Congress, or as extended or confirmed pursuant to section 3 hereof;

(b) the term "coast line" means the line of ordinary low water along that portion of the coast which is in direct contact with the open sea and the line marking the seaward limit of all estuaries, ports, harbors, bays, straits, and sounds, and all other bodies of water which are landward of the open sea;

(c) the terms "grantees" and "lessees" include (without limiting the generality thereof) all political subdivisions, municipalities, and persons holding grants or leases from a State to lands beneath navigable waters if such grants or leases were issued in accordance with the constitution, statutes. and decisions of the courts of the State in which such lands are situated; and the term "person" shall include corporations, partnerships, and associations;

(d) the term "natural resources" shall not include water power or the use of water for the production of power;

(e) the term "lands beneath navigable waters" shall not include the beds of streams in lands now or heretofore constituting a part of the public lands of the United States if such streams were not meandered in connection with the public survey of such lands under the laws of the United States. SEC. 3. Any State which has not already done so may extend its seaward boundaries (or its boundaries in the Great Lakes) to a line three geographical miles distant from its coast line. Any claim heretofore or hereafter asserted either by constitutional provision, statute, or otherwise, indicating the intent of a State to extend its boundaries to a line three geographical miles distant from its coast line is hereby approved and confirmed, without prejudice to its claim, if any it has, that its boundaries extend beyond that line.

SEC. 4. There is excepted from the operation of the first section of this Act(a) all lands and resources therein or improvements thereon which have been lawfully acquired by the United States from any State or from any person in whom title had vested under the decisions of the courts of such State, or their respective grantees, or successors in interest, by cession, grant, quitclaim, or condemnation, or from any other owner or owners thereof by conveyance or by condemnation, provided such owner or owners had lawfully acquired the title to such lands and resources in accordance with the statutes or decisions of the courts of the State in which the lands are located; and

(b) such lands beneath navigable waters within the boundaries of the respective States and such interests therein as the United States is lawfully entitled to under the law as established by the decisions of the courts of the State in which the land is situated, or which are held by the United States in trust for the benefit of any tribe, band, or group of Indians or for individual Indians.

SEC. 5. (a) The United States retains all its powers of regulation and control of said lands and navigable waters for the purposes of commerce, navigation, national defense, and international affairs except those rights to the ownership, use, development, and control of the lands and natural resources, which are specifically recognized, confirmed, established, and vested in the respective States and others by the first section of this Act.

(b) In time of war or when necessary for national defense, and the Congress or the President shall so prescribe, the United States shall have the right of first refusal to purchase at the prevailing market price, all or any portion of the said natural resources, or to acquire and use any portion of said lands by proceeding in accordance with due process of law and paying just compensation therefor. SEC. 6. Nothing in this Act shall be deemed to affect the determination by legislation or judicial decree of any issues between the United States and the respective States relating to the ownership or control of that portion of the subsoil and sea bed of the Continental Shelf lying seaward and outside of the area of lands beneath navigable waters, described in section 2 hereof.

SEC. 7. Nothing in this Act shall be deemed to amend, modify, or repeal the Acts of July 26, 1866 (14 Stat. 251), July 3, 1870 (16 Stat. 217), March 3, 1877 (19 Stat. 377), and June 17, 1902 (32 Stat. 388), and Acts amendatory thereof or supplementary thereto.

[H. R. 114, 83d Cong., 1st sess.]

A BILL To confirm and establish the titles of the States to lands beneath navigable waters within State boundaries and to the natural resources within such lands and waters, to provide for the use and control of said lands and resources, and to provide for the use, control, exploration, development, and conservation of certain resources of the continental shelf lying outside of State boundaries

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That this Act may be cited as the "Submerged Lands Act".

TITLE I

DEFINITION

SEC. 2. When used in this Act-

(a) The term "lands beneath navigable waters" includes (1) all lands within the boundaries of each of the respective States which were covered by waters navigable under the laws of the United States at the time such State became a member of the Union, and all lands permanently or periodically covered by tidal waters up to but not above the line of mean high tide and seaward to a line three geographical miles distant from the coast line of each such State and to the boundary line of each such State where in any case such boundary as it existed at the time such State became a member of the Union, or as heretofore or hereafter approved by Congress, extends seaward (or into the Great Lakes or Gulf of Mexico) beyond three geographical miles, and (2) all filled in, made, or reclaimed lands which formerly were lands beneath navigable waters, as herein defined; the term "boundaries" includes the seaward boundaries of a State or its boundaries in the Gulf of Mexico or any of the Great Lakes as they existed at the time such State became a member of the Union, or as

heretofore or hereafter approved by the Congress, or as extended or confimed pursuant to section 4 hereof;

(b) The term "coast line" means the line of ordinary low water along that portion of the coast which is in direct contact with the open sea and the line marking the seaward limit of inland waters, which include all estuaries, ports, harbors, bays, channels, straits, historic bays, and sounds, and all other bodies of water which join the open sea;

(c) The terms "grantees" and "lessees" include (without limiting the generality therof) all political subdivisions, municipalities, public and private corporations, and other persons holding grants or leases from a State, or its predecessor sovereign, to lands beneath navigable waters if such grants or leases were issued in accordance with the constitution, statutes, and decisions of the courts of the State in which such lands are situated, or of its predecessor sovereign: Provided, however, That nothing herein shall be construed as conferring upon said grantees or lessees any greater rights or interest other than are described herein, and in their respective grants from the State, or its predecessor sovereign;

(d) The term "natural resources" shall include, without limiting the generality thereof, fish, shrimp, oysters, clams, crabs, lobsters, sponges, kelp, and other marine animal and plant life but shall not include water power or the use of water for the production of power at any site where the United States now owns the water power;

(e) The term "lands beneath navigable waters" shall not include the beds of streams in lands now or heretofore constituting a part of the public lands of the United States if such streams were not meandered in connection with the public survey of such lands under the laws of the United States;

(f) The term "continental shelf" means all submerged lands (1) which lie outside and seaward of lands beneath navigable waters as defined hereinabove in section 2 (a), and (2) of which the subsoil and natural resources appertain to the United States and are subject to its jurisdiction and control;

(g) The term "Secretary" means the Secretary of the Interior; (h) The term "State" means any State of the Union;

(i) The term "coastal States" shall mean those States, any portion of which borders upon the Atlantic Ocean, the Gulf of Mexico, or the Pacific Ocean;

(j) The term "person" includes any citizen of the United States, an association of such citizens, a State, a political subdivision of a State, or a private, public, or municipal corporation organized under the laws of the United States or of any State;

(k) The term "lease" whenever used with reference to action by a State or its political subdivision or grantee prior to January 1, 1949, shall be regarded as including any form of authorization for the use, development or production of lands beneath navigable waters and the natural resources therein and thereunder, and the term "lessee" whenever used in such connection, shall be regarded as including any person having the right to develop or produce natural resources and any person having the right to use or develop lands beneath navigable waters under any such form of authorization;

(1) The term "Mineral Leasing Act" shall mean the Act of February 25, 1920 (41 Stat. 437; 30 U. S. C., sec. 181 and the following), and all Acts heretofore enacted which are amendatory thereof or supplementary thereto.

TITLE II

LANDS BENEATH NAVIGABLE WATERS WITHIN STATE BOUNDARIES

SEC. 3. RIGHTS OF THE STATES.-It is hereby determined and declared to be in the public interest that title to and ownership of the lands beneath navigable waters within the boundaries of the respective States, and the natural resources wihin such lands and waters, and the right and power to control, develop, and use the said natural resources all in accordance with applicable State law be, and they are hereby, subject to the provisions hereof, recognized, confirmed, established, and vested in the respective States or the persons who were on June 5, 1950, entitled thereto under the property law of the respective States in which the land is located, and the respective grantees, lessees, or successors in interest thereof; and the United States hereby releases and relinquishes unto said States and persons aforesaid all right, title, and interest of the United States, if any it has, in and to all said lands, moneys, improvements, and natural resources, and releases and relinquishes all claims of the United States, if

any it has, arising out of any operations of said States or persons pursuant to State authority upon or within said lands and navigable waters. The rights, powers, and titles hereby recognized, confirmed, established, and vested in the respective States and their grantees are subject to each lease executed by a State, or its grantee, which was in force and effect on June 5, 1950, in accordance with its terms and provisions and the laws of the State issuing, or whose grantee issued, such lease, and such rights, powers, and titles are further subject to the rights herein now granted to any person holding any such lease to continue to maintain the lease, and to conduct operations thereunder, in accordance with its provisions, for the full term thereof, and any extensions, renewals, or replacements authorized therein, or heretofore authorized by the laws of the State issuing, or whose grantee issued such lease: Provided, however, That, if oil or gas was not being produced from such lease on and before December 11, 1950, then for a term from the effective date hereof equal to the term remaining unexpired on December 11, 1950, under the provisions of such lease or any extensions, renewals, or replacements authorized therein, or heretofore authorized by the laws of the State issuing, or whose grantee issued, such lease: Provided, however, That all rents, royalties, and other sums payable under such lease and the laws of the State issuing or whose grantee issued such lease between June 5, 1950, and the effective date hereof, which have not been paid to the State or its grantee issuing it or to the Secretary of the Interior of the United States, shall be paid to the State or its grantee issuing such lease within 90 days from the effective date hereof: Provided, however, That nothing in this Act shall affect the use, development, improvement, or control by or under the constitutional authority of the United States of said lands and waters for the purposes of navigaion or flood control or the production of power at any site where the United States now owns or may hereafter acquire the water power or be construed as the release or relinquishment of any rights of the United States arising under the constitutional authority of Congress to regulate or improve navigation or to provide for flood control or the production of power at any site where the United States now owns the water power: Provided further, That nothing in this Act shall be construed as affecting or intending to affect or in any way interfere with or modify the laws of the States which lie wholly or in part westward of the ninety-eighth meridian, relating to the ownership and control of ground and surface waters; and the control, appropriation, use, and distribution of such waters shall continue to be in accordance with the laws of such States.

SEC. 4. SEAWARD BOUNDARIES.-Any State which has not already done so may extend its seaward boundaries to a line three geographical miles distant from its coast line, or in the case of the Great Lakes, to the international boundary of the United States. Any claim heretofore or hereafter asserted either by constitutional provision, statute, or otherwise, indicating the intent of a State so to extend its boundaries is hereby approved and confirmed, without prejudice to its claim, if any it has, that its boundaries extend beyond that line. Nothing in this section is to be construed as questioning or in any manner prejudicing the existence of any State's seaward boundary beyond three geographical miles if it was so provided by its Constitution or laws prior to or at the time such State became a member of the Union, or if it has been heretofore or is hereafter approved by Congress.

SEC. 5. EXCEPTIONS FROM OPERATION OF SECTION 3 OF THIS ACT.-There is excepted from the operation of section 3 of this Act

(a) all specifically described tracts or parcels of land and resources therein or improvements thereon title to which has been lawfully and expressly acquired by the United States from any State or from any person in whom title had vested under the decisions of the courts of such State, or their respective grantees, or successors in interest, by cession, grant, quitclaim, or condemnation, or from any other owner or owners thereof by conveyance or by condemnation, provided such owner or owners had lawfully acquired the title to such lands and resources in accordance with the statutes or decisions of the courts of the State in which the lands are located; and (b) such lands beneath navigable waters within the boundaries of the respective States and such interests therein as are held by the United States in trust for the benefit of any tribe, band, or group of Indians or for individual Indians.

SEC. 6. POWERS RETAINED BY THE UNITED STATES.-(a) The United States retains all its powers of regulation and control of said lands and navicable waters for the purposes of commerce, navigation, national defense, and international

affairs, none of which includes any of the proprietary rights of ownership, or of use, development, and control of the lands and natural resources which are specifically recognized, confirmed, established, and vested in the respective States and others by section 3 of this Act.

(b) In time of war when necessary for national defense, and the Congress or the President shall so prescribe, the United States shall have the right of first refusal to purchase at the prevailing market price, all or any portion of the said natural resources, or to acquire and use any portion of said lands by proceeding in accordance with due process of law and paying just compensation therefor. SEC. 7. Nothing in this Act shall be deemed to amend, modify, or repeal the Acts of July 26, 1866 (14 Stat. 251), July 9, 1870 (16 Stat. 217), March 3, 1877 (19 Stat. 377), June 17, 1902 (32 Stat. 388), and December 22, 1944 (58 Stat. 887), and Acts amendatory thereof or supplementary thereto.

TITLE III

CONTINENTAL SHELF OUTSIDE STATE BOUNDARIES

SEC. 8. JURISDICTION OVER CONTINENTAL SHELF.-(a) It is hereby declared to be the policy of the United States that the natural resources of the subsoil and sea bed of the continental shelf appertain to the United States and are subject to its jurisdiction, control, and power of disposition as provided in this Act. Except to the extent that it is exercised in a manner inconsistent with applicable Federal laws, the police power of each coastal State may extend to that portion of the continental shelf which would be within the boundaries of such State if extended seaward to the outer margin of the continental shelf. The police power includes, but is not limited to, the power of taxation, conservation, and control of the manner of conducting geophysical explorations. This Act shall be construed in such manner that the character as high seas of the waters above the continental shelf and the right to their free and unimpeded navigation shall not be affected.

(b) Oil and gas deposits in the continental shelf shall be subject to control and disposal only in accordance with the provisions of this Act and no rights in or claims to such deposits, whether based upon applications filed or other action taken heretofore or hereafter, shall be recognized except in accordance with the provisions of this Act.

SEC. 9. PROVISIONS FOR LEASING OF CONTINENTAL SHELF.-(a) When requested by any responsible and qualified person interested in purchasing oil and gas leases on any area of the continental shelf not then under lease issued by the abutting State or the Federal Government, or when in the Secretary's opinion there is a demand for the purchase of such leases, the Secretary shall offer for sale, on competitive sealed bidding, oil and gas leases on such area. Subject to the other terms and provisions hereof, sales of leases shall be made to the responsible and qualified bidder bidding the highest cash bonus per leasing unit. Notice of sale of oil and gas leases shall be published at least thirty days before the date of sale in accordance with rules and regulations promulgated by the Secretary, which publication shall contain (i) a description of the tracts into which the area to be leased has been subdivided by the Secretary for leasing purposes, such tracts being herein called "leasing units"; (ii) the minimum bonus per acre which will be accepted by the Secretary on each leasing unit; (iii) the amount of royalty as specified hereinafter in section 9 (d); (iv) the amount of rental per acre per annum on each leasing unit as specified hereinafter in section 9 (d); and (v) the time and place at which all bids shall be opened in public.

(b) The leasing units shall be in reasonably compact form of such area and dimensions as may be determined by the Secretary, but shall not be less than six hundred and forty acres nor more than two thousand five hundred and sixty acres if within the known geologic structure of a producing oil or gas field and shall not be less than two thousand five hundred and sixty acres nor more than seven thousand six hundred and eighty acres if not within any known geologic structure of a producing oil or gas field.

(c) Oil and gas leases sold under the provisions of this section shall be for the primary term of five years and shall continue so long thereafter as oil or gas is. produced therefrom in paying quantities. Each lease shall contain provisions requiring the exercise of reasonable diligence, skill, and care in the operation of the lease, and requiring the lessee to conduct his operations thereon in accordance with sound and efficient oil-field practices to prevent waste of oil