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HEARINGS

BEFORE THE

COMMITTEE ON

PUBLIC LANDS AND SURVEYS
UNITED STATES SENATE

SEVENTY-SIXTH CONGRESS

FIRST SESSION

ON

S. J. Res. 83

A JOINT RESOLUTION RELATIVE TO THE ESTABLISHMENT OF A NAVAL PETROLEUM RESERVE IN THE SUBMERGED LANDS ALONG AND ADJACENT TO THE COAST OF THE STATE OF CALIFORNIA

AND

S. J. Res. 92

A JOINT RESOLUTION DECLARING THE CONSERVATION OF PETROLEUM DEPOSITS UNDERLYING SUBMERGED LANDS ADJACENT TO AND ALONG THE COAST OF CALIFORNIA, BELOW LOW-WATER MARK AND UNDER THE TERRITORIAL WATERS OF THE UNITED STATES OF AMERICA, ESSENTIAL FOR NATIONAL DEFENSE, MAINTENANCE OF THE NAVY, AND REGULATION AND PROTECTION OF INTERSTATE AND FOREIGN COMMERCE; RESERVING THE SAME AS A NAVAL PETROLEUM RESERVE, SUBJECT TO ANY SUPERIOR VESTED RIGHT, TITLE, OR INTEREST; AND AUTHORIZING APPROPRIATE JUDICIAL PROCEEDINGS TO ASSERT, ASCERTAIN, ESTABLISH, AND MAINTAIN THE RIGHT AND INTEREST OF THE UNITED STATES OF AMERICA IN SUCH RESERVE, AND TO EJECT TRESPASSERS

MARCH 27, 28, 29, AND 30, 1939

Printed for the use of the Committee on Public Lands and Surveys

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CONTENTS

John F. Dockweiler, representing the Governor of California
Daniel J. Doherty, assistant attorney general, Commonwealth of
Massachusetts. _

258

173

R. W. Fairchild, assistant attorney general of Texas, Austin, Tex.

Bascomb Giles, land commissioner of the State of Texas, Austin, Tex.

Percy C. Heckendorf, district attorney of the city of Santa Barbara,
Calif...

Hon. Sam Hobbs, a Representative in the Congress of the United
States from the Fourth District of Alabama..

Harry R. Johnson, consultant for the harbor board and city of Long
Beach, Calif

274

16

331

Robert E. Lee Jordan, Los Angeles, Calif..

Samuel A. King, attorney at law, Washington, D. C.
Clyde M. Leach, assistant city attorney of Los Angeles-

436

404, 407
250

Joseph A. Loret, special assitant attorney general of Louisiana_
Gerald C. Mann, attorney general of the State of Texas, Austin, Tex-
Leslie C. McNemar, senior attorney, office of the Judge Advocate
General of the Navy, Washington, D. C...--

George F. Nicholson, representing the American Association of Port
Authorities, Los Angeles, Calif._

Hon. Gerald P. Nye, a United States Senator from the State of North
Dakota

191

93

54, 421

204

2

Capt. H. A. Stuart, U. S. Navy, director, Naval Petroleum Reserves,
Washington, D. C..

46, 417

Hon. John W. Tolan, a Representative in the Congress of the United
States from the Seventh District of California__

435

George B. Wilcox, president, State Teachers' Association of Texas,
College Station, Tex.

146

TITLE TO SUBMERGED OIL LANDS

MONDAY, MARCH 27, 1939

UNITED STATES SENATE,

COMMITTEE ON PUBLIC LANDS AND SURVEYS,

Washington, D. C. The committee met at 10:30 a. m., pursuant to call, in room 224, Senate Office Building, Senator Alva B. Adams presiding.

Present: Senators Adams (chairman), Andrews, Nye, Holman, and Gurney.

Present also: Senators Sheppard, Connally, and Johnson of California.

The CHAIRMAN. The committee will be in order. I will say, for the benefit of the gentlemen present and for the information of the committee reporter, we have before us this morning Senate Joint Resolution 92, introduced by Senator Nye as a substitute for his former Senate Joint Resolution 24; and Senate Joint Resolution 83, introduced by Senator Walsh. It is my understanding that the body of each of the two resolutions is identical. These resolutions will be made a part of the record.

(S. J. Res. 83 and S. J. Res. 92 are here made a part of the record, as follows:)

[S. J. Res. 92, 76th Cong., 1st sess.]

JOINT RESOLUTION Declaring the conservation of petroleum deposits underlying submerged lands adjacent to and along the coast of California, below low-water mark and under the territorial waters of the United States of America, essential for national defense, maintenance of the Navy, and regulation and protection of interstate and foreign commerce; reserving the same as a naval petroleum reserve, subject to any superior vested right, title, or interest; and authorizing appropriate judicial proceedings to assert, ascertain, establish, and maintain the right and interest of the United States of America in such reserve, and to eject trespassers

Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That the conservation of petroleum deposits underlying submerged lands adjacent to and along the coast of the State of California, below low-water mark and under the territorial waters of the United States of America, is hereby declared to be essential for national defense, maintenance of the Navy, and regulation and protection of interstate and foreign commerce, and that in the exercise of the paramount and exclusive powers of sovereignty of the United States for those purposes, there are hereby reserved and set aside as a naval petroleum reserve any and all such deposits, subject to the same control of the Secretary of the Navy as is provided for other naval petroleum reserves; subject, also, to any superior right, title, or interest of any person, partnership, association, corporation, or of the State of California, or any municipality, or local subdivision of that State which may have heretofore been granted by the United States of America, or which may have become otherwise validly and lawfully vested, or which may be recognized and established in the judicial proceedings hereinafter authorized.

SEC. 2. That the Attorney General of the United States of America is hereby authorized and directed, by and through appropriate judicial proceedings, to assert, ascertain, establish, and maintain the right and interest of the United States in and to such naval petroleum reserve and deposits, and to cause and effectuate by proper judicial proceedings the removal and ejectment of all persons now or hereafter trespassing upon or occupying the said submerged lands or re

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