Statement of—Continued Watson, Mr. Russell E., counsel to the Governor of State of New Wells, Mr. E. Roy, chief engineer of Illinois Post War Planning Pa 14 Wheeler, Hon. Burton K., former United States Senator from the 1199, 12 Wiley, Hon. Alexander, Senator from Wisconsin. Williams, Hon. Guy E., attorney general of Arkansas- Williamson, Hon. Mac Q., attorney general of Oklahoma- Worthwine, Mr. Oscar W., Boise, Idaho.. Wright, Mr. C. M., attorney, representing applicants under Federal Bible, Hon. Alan, attorney general of Nevada... Bowron, Hon. Fletcher, mayor of city of Los Angeles, Calif Burke, Hon. Raymond H., Congressman from the State of Ohio... Carr, Mr. Ralph, Chairman, National Water Conservation Conference_ Jenner, Hon. William E., Senator from the State of Indiana_ Mabry, Thomas J., Governor of New Mexico.. Meadows, Hon. Clarence W., Governor of State of West Virginia.. Rennebohm, Hon. Oscar, Governor of Wisconsin. Sharts, Mr. Joseph W., Dayton, Ohio.. Sigler, Hon. Kim, Governor of State of Michigan.. Swanson, Hon. Claude A., Secretary of Navy. Texas Fishermen's Association__. Thompson, Hon. M. E., Governor of State of Georgia. Walker, Mr. Orin DeMotte, Washington, D. C., attorney for Robert Whealdon, A. N. (to Congressman Michener) - Wheeler, Hon. Burton K., former United States Senator from State Bohn, Hon. John, mayor of Milwaukee, Wis_ Burnquist, Hon. J. A. A., attorney general of Minnesota. Chamber of Commerce of Crescent City, Calif Hoan, Hon. Daniel W., president, Great Lakes Harbors Association.. Kinney, Mr. William R., chief title officer, Land Title Guarantee & Trust Company, Cleveland, Ohio...---- Knous, Hon. Lee, Governor of State of Colorado. Martin, Hon. John E., attorney general of Wisconsin. Maw, Hon. Herbert B., Governor of State of Utah.... Monterey, Calif., city manager. Nolan, Hon. John H., attorney general, Rhode Island. O'Dwyer, Hon. William, mayor of city of New York.. American Association of Port Authorities, United States members... Commissioners of the land office of the State of Oklahoma, September California State Park Commission.. 26, 1947- 444 264 1680 1493, 1692 1279 1188 118, 357 884 1676 319 United States Conference of Mayors... United States Conference of Mayors, 1948 Annual Conference of ____ 1331 United States Wholesale Grocers Association, Inc., of Washington, 1672 # MONDAY, FEBRUARY 23, 1948 SUBCOMMITTEE OF THE COMMITTEE ON THE AND SUBCOMMITTEE No. 1 OF THE COMMITTEE ON THE JUDICIARY OF THE HOUSE OF REPRESENTATIVES, Washington, D. C. The subcommittees met in joint session, pursuant to call, at 10:10 a. m., Senator E. H. Moore (chairman of the Senate subcommittee) presiding. Present: Senators Wiley (chairman), Moore (chairman of the Senate subcommittee), Donnell, and McCarran. Representatives Reed of Illinois (chairman of the House Subcom- mittee No. 1), Jennings, Chadwick, and Gossett. Also present: Senators Capper, Ferguson, Knowland, McKellar, Connally, Downey, and Thomas of Oklahoma; and Representatives Nixon, Rayburn, and Bulwinkle. Guy Woodward, executive assistant to Senator Moore; and Maurice W. Covert of Senate committee staff. Senator MOORE. The committee will come to order, please. For the record, I would like to state that this is a joint hearing of the Senate and House Judiciary Subcommittees to which various pending bills have been referred for consideration. The bills pending in the Senate are Senate Joint Resolution 14 and S. 1988. The bills pending in the House are House Joint Resolution 51, by Mr. Hébert; House Joint Resolution 52, by Mr. Hinshaw; House Joint Resolution 67, by Mr. Allen of Louisiana; House Joint Resolution 81, by Mr. Gossett; House Joint Resolution 157, by Mr. Bramblett: House Joint Resolution 263, by Mr. Fletcher; House Joint Resolution 286, by Mr. Domengeaux; House Joint Resolution 299, by Mr. Colmer; H. R. 4999, by Mr. Bradley; H. R. 5010, by Mr. Fletcher; H. R. 5099, by Mr. McDonough; H. R. 5105, by Mr. Bramblett; H. R. 5121, by Mr. Allen of California; H. R. 5128, by Mr. Jackson of California; H. R. 5132, by Mr. Nixon; H. R. 5136, by Mr. Anderson of California; H. R. 5162, by Mr. Allen of Louisiana; H. R. 5167, by Mr. Poulson; H. R. 5238, by Mr. Passman; H. R. 5273, by Mr. Graham; H. R. 5281, by Mr. Gearhart; H. R. 5288, by Mr. Russell; H. R. 5297, by Mr. Gossett; H. R. 5308, by Mr. Goff; H. R. 5320, by Mr. Peterson; H. R. 5349, by Mr. Colmer; H. R. 5372, by Mr. Mack; H. R. 5380, by Mr. Teague; H. R. 5443, by Mr. Jones of Washington; and H. R. 5461, by Mr. Horan. 1 (S. 1988 will be inserted in the record at this point, and i follows:) [S. 1988, 80th Cong., 2d sess.] A BILL To confirm and establish the titles of the States to lands and resources i beneath navigable waters within State boundaries and to provide for the use and c of said lands and resources Be it enacted by the Senate and House of Representatives of the United of America in Congress assembled, That the United States of Am recognizing (a) that the several States, and the others as hereinafter mentioned, July 4, 1776, or since their formation and admission to the Union, exercised full powers of ownership of all lands beneath navigable w within their respective boundaries and all natural resources within such and waters, and full control of said natural resources, with the fu quiescence and approval of the United States and in accordance with decisions of the Supreme Court and of the executive department of th eral Government that such lands and resources were vested in the resp States as an incident to State sovereignty and that the exercise of powers of ownership and control has not in the past and will not imp interfere with the exercise by the Federal Government of its constit powers in relation to said lands and navigable waters and to the cont regulation of commerce, navigation, national defense, and interna relations; (b) that the several States, their subdivisions, and persons lawfully pursuant to State authority have expended enormous sums of mo improving and reclaiming said lands and in developing the natural res in said lands and waters in full reliance upon the recognized rule o ownership; and (c) that a recent decision of the Supreme Court held that the Government has certain paramount powers with respect to a portion lands without reaffirming or settling the ultimate question of owner such lands and resources, but said decision recognizes that the ques the ownership and control of said lands and natural resources, is wit "congressional area of national power" and that Congress will not its powers "in such way as to bring about injustices to States, th divisions, or persons acting pursuant to their permission"; it is hereby determined and declared to be in the public interest that titl ownership of the lands beneath navigable waters within the boundarie respective States, and the natural resources within such lands and wat the right and power to control, develop, and use the said natural reso accordance with applicable State law are hereby recognized, confirmed lished, and vested in the respective States or the persons lawfully entitled under the law as established by the decisions of the respective courts States, and the respective grantees, lessees, or successors in interest ther the United States hereby releases and relinquishes unto said States and aforesaid all right, title, and interest of the United States, if any it has to all said lands, improvements, and natural resources, and releases a quishes all claims of the United States, if any it has, arising out of any o pursuant to State authority upon or within said lands and navigable wa SEC. 2. As used in this Act (a) the term "lands beneath navigable waters" includes (1) within the boundaries of the respective States which are covered b which are navigable under the laws of the United States, and all i manently or periodically covered by tidal waters up to but not abov of mean high tide and seaward to a line three geographical miles dis the coast line of each respective State or to the boundary line of State where in any case such boundary extends seaward (or into Lakes or Gulf of Mexico) beyond three geographical miles, and (2) formerly beneath navigable waters, as herein defined, which have or reclaimed; (b) the terms "grantees" and "lessees" include (without limitin erality thereof) all political subdivisions, municipalities, and perso grants or leases from a State to lands beneath navigable waters if s or leases were issued in accordance with the law of the State in w lands are situated. |