It follows [77] This is a new section and is in the nature of a savings clause. the historic congressional practice of exempting from the operation of statutes of this character existing third party rights, if any there be. The section constitutes neither a denial of nor a recognition of such rights, either in fact or in law; it merely saves to third party claimants their rights to their day in court. [78] The section 9 of the bill as introduced, which was the general separability section, has been retained and made specific. It is properly placed at the end of the Joint Resolution and now becomes section 11 by reason of the addition of two new sections. [79] As stated previously, this section constitutes a legislative confirmation of jurisdiction over the natural resources of the seabed and subsoil of the Continental Shelf seaward of the original State boundaries, which was asserted in the Presidential Proclamation of 1945. [80] President Truman's Executive Order of January 16, 1953, entitled "Setting Aside Submerged Lands of the Continental Shelf as a Naval Petroleum Reserve,' is obviously inconsistent with the provisions of Senate Joint Resolution 13 with respect to submerged lands within original State boundaries. Although the act would repeal the Executive Order by implication, the committee deems it desirable to add a specific repealer with respect to the subject matter of Senate Joint Resolution 13. [81] The new language of the separability clause is specific, in addition to the general language of section 9 of the Joint Resolution as introduced. [82] The amendment to the title is necessary because of the new provision explained in (79) above with respect to the Continental Shelf seaward of original State boundaries. VII. HISTORY OF LEGISLATION Senate Joint Resolution 13 as introduced is identical with the measure passed last year by both Houses of the 82d Congress, Senate Joint Resolution 20, as amended on the floor of the Senate by the substitution of the quitclaim measure introduced by Senator Holland. It is also similar in purpose and effect to House Joint Resolution 225, 79th Congress, which likewise passed both the Senate and the House in 1946. Federal claims to the submerged offshore lands within State boundaries were not heard until the late 1930's. Prior to that time it was the virtually unanimous opinion of all who considered the problem that the States owned all of the lands beneath navigable waters within their boundaries. Indeed, in the California case, the Supreme Court conceded that the Court had many times in the past used language strong enough to indicate that the Court then believed that the States owned soils under all navigable waters within their territorial jurisdiction, whether inland or not (332 U. S. at 36). As late as 1933, the then Secretary of the Interior, Harold L. Ickes, in refusing to grant to Dr. Olin Proctor, Long Beach dentist, a Federal oil lease on offshore submerged lands within the boundaries of California, recognized that Title to the soil under the ocean within the 3-mile limit is in the State of California and the land may not be appropriated except by authority of the State (hearings, on S. J. Res. 13; also on S. J. Res. 195, 81st Cong.). The first doubts as to State ownership of the submerged offshore lands were publicly expressed in 1937 in response to the insistence of applicants for Federal oil and gas leases on those lands. In Congress, the alleged existence of Federal rights in these offshore areas was first asserted in the Nye resolution introduced in the 75th Congress in 1938 and in the Hobbs, O'Connor, Nye, and Walsh resolutions introduced in the 76th Congress in 1939. Congress, however, refused to change the well-established rule of State ownership, and none of these resolutions was enacted. Congress approves quitclaim In 1945 resolutions were introduced in the 79th Congress quieting title to the submerged offshore lands in the respective States. The introduction of these resolutions was in large part a result of continuing indications that Secretary of the Interior Ickes might accede to demands to grant Federal minerals leases on portions of the offshore lands. After extensive hearings, these resolutions were passed in 1946 as House Joint Resolution 225, by a vote of 188 to 67 in the House and 44 to 34 in the Senate. As stated, President Truman vetoed the act.2 The House failed to override the veto.3 While Congress was considering House Joint Resolution 225, on May 29, 1945, Federal officials initiated suit against the Pacific Western Oil Corp., a lessee of the State of California, in an attempt to establish Federal rights to the submerged offshore lands. This suit was voluntarily dismissed by the Attorney General, and an original action was brought by him against the State of California in the Supreme Court, where he alleged that the United States "is the owner in fee simple, or possessed of paramount rights in and power over" the submerged lands in the 3-mile belt. The Supreme Court decision On June 23, 1947, the Supreme Court rendered its opinion in the original case of United States v. California, holding that California "is not the owner of the 3-mile belt along its coast, and that the Federal Government rather than the State has paramount rights in and power over that belt, an incident to which is full dominion over the resources of the soil under that water area, including oil (332 U. S. 19, 38-39)." A decree to that effect was entered on October 27, 1947 (332 U. S. 804). Legislation quit claiming the offshore submerged lands to the States was again introduced in the 80th Congress. On April 30, 1948, the House passed H. R. 5992, a quitclaim bill, by a vote of 259 to 29. The companion Senate bill, S. 1988, was reported out of committee during the closing days of the session, but no action was taken on it by the Senate. Similar bills were likewise introduced in both Houses of the 81st Congress. However, none of the many bills introduced received favorable action. In the 81st Congress, as in subsequent Congresses, bills also were introduced to provide for Federal administration of the submerged offshore lands, but none of them has passed either the House or the Senate. The Attorney General of the United States, on December 21, 1948, instituted original suits in the Supreme Court against the States of Texas and Louisiana for the purpose of establishing Federal rights in the submerged lands off the shores of those States. The Supreme Court rendered decisions in favor of the United States in those two cases on June 5, 1950. In the Louisiana case the Court held that the California decision was controlling (339 U. S. 699). In the Texas case, by a vote of 4 to 3, the Court held that when Texas came into the Union on an "equal footing" with all other States, she relinquished any claim that she may have had to the offshore submerged lands (339 U. S. 707). Both Louisiana and Texas asked the Court to hear 192 Congressional Record, 79th Cong., 9642, 10316 (1946). evidence in support of their claims, but this was denied and the decisions were rendered on the pleadings alone. Legislation restoring to the States submerged offshore lands within their historic State boundaries was again passed in both Houses of the 82d Congress. The Walter bill, H. R. 4484, was passed on July 30, 1951, by a vote of 265 to 109. On April 2, 1952, the Senate substituted the language of Senator Holland's S. 940, a measure identical to Senate Joint Resolution 13 as introduced, for the O'MahoneyAnderson Federal administration bill, Senate Joint Resolution 20 by a vote of 50 to 35. Both Houses adopted the Senate bill recommended by the conference committee, but President Truman vetoed the measure. No attempt was made to override the veto. Additional history of, and reasons for, the legislation are set out in detail in the report of the Senate Committee on the Judiciary (S. Rept. No. 1592, 80th Cong., 2d sess. on S. 1988) which is set forth in full in appendix E. VIII. SUPPORT FOR THE LEGISLATION Public officials. Since 1938 officials from 47 States have appeared in support of this legislation. The measure is actively supported by a large number of organizations composed of public officials, among which are (a) the National Association of Attorneys General, made up of the attorneys general of the 48 States; (b) Conference of Governors, composed of the governors of the 48 States; (c) Council of State Governments; (d) National Association of State Land Officials; (e) American Association of Port Authorities; (f) National Institute of Municipal Law Officers; (g) Conference of Mayors; (h) Interstate Oil Compact Commission; (i) National Association of Secretaries of State; National Association of County Officials; (k) American Municipal Association; (1) Great Lakes Harbor Association; (m) Pacific Coast Association of Port Authorities; and (n) Port of New York Authority. Other organizations. Other organizations which have endorsed the legislation include: The American Bar Association United States Chamber of Commerce United States Junior Chamber of Commerce National Water Conservation Conference National Reclamation Associations State Bar Association of California State Bar Association of Texas State Bar Association of Louisiana State Bar Association of Oklahoma National Sand and Gravel Association National Association of Real Estate Boards National Ready Mix Concrete Association Western States Land Commissioners Association (12 States) Western States Council (representing chambers of commerce in the 11 Western Meat Packers Association Illinois State Chamber of Commerce Missouri State Chamber of Commerce Idaho State Chamber of Commerce Baltimore Chamber of Commerce Florida State Chamber of Commerce United States Wholesale Grocers Association, Inc. Southern States Industrial Council Board of Public Works of West Virginia Public Lands Corp. of West Virginia S. Rept. 133, 83-1 IX. CONCLUSION The committee submits that the enactment of Senate Joint Resolution 13, as amended, is an act of simple justice to each of the 48 States in that it reestablishes in them as a matter of law that possession and control of the lands beneath navigable waters inside their boundaries which have existed in fact since the beginning of our Nation. It is not a gift; it is a restitution. By this joint resolution the Federal Government is itself doing the equity it expects of its citizens. 13. The committee recommends enactment of Senate Joint Resolution APPENDIXES TO SENATE REPORT 133, TO ACCOMPANY SENATE JOINT RESOLUTION 13, THE SUBMERGED LANDS ACT APPENDIX A A PROCLAMATION (No. 2667) POLICY OF THE UNITED STATES WITH RESPECT TO THE NATURAL RESOURCES OF THE SUBSOIL AND SEA BED OF THE CONTINENTAL SHELF (By the President of the United States of America) WHEREAS the Government of the United States of America, aware of the long range world-wide need for new resources of petroleum and other minerals, holds the view that efforts to discover and make available new supplies of these resources should be encouraged; and WHEREAS its competent experts are of the opinion that such resources underlie many parts of the continental shelf off the coasts of the United States of America, and that with modern technological progress their utilization is already practicable or will become so at an early date; and WHEREAS recognized jurisdiction over these resources is required in the interest of their conservation and prudent utilization when and as development is undertaken; and WHEREAS it is the view of the Government of the United States that the exercise of jurisdiction over the natural resources of the subsoil and sea bed of the continental shelf by the contiguous nation is reasonable and just, since the effectiveness of measures to utilize or conserve these resources would be contingent upon cooperation and protection from the shore, since the continental shelf may be regarded as an extension of the land-mass of the coastal nation and thus naturally appurtenant to it, since these resources frequently form a seaward extension of a pool or deposit lying within the territory, and since selfprotection compels the coastal nation to keep close watch over activities off its shores which are of the nature necessary for utilization of these resources; Now, THEREFORE, I, HARRY S. TRUMAN, President of the United States of America, do hereby proclaim the following policy of the United States of America with respect to the natural resources of the subsoil and sea bed of the continental shelf. Having concern for the urgency of conserving and prudently utilizing its natural resources, the Government of the United States regards the natural resources of the subsoil and sea bed of the continental shelf beneath the high seas but contiguous to the coasts of the United States as appertaining to the United States, subject to its jurisdiction and control. In cases where the continental shelf extends to the shores of another State, or is shared with an adjacent State, the boundary shall be determined by the United States and the State concerned in accordance with equitable principles. The character as high seas of the waters above the continental shelf and the right to their free and unimpeded navigation are in no way thus affected. IN WITNESS WHEREOF, I have hereunto set my hand and caused the seal of the United States of America to be affixed. DONE at the City of Washington this twenty-eighth day of September, in the year of our Lord nineteen hundred and forty-five, and of the Independence of the United States of America, the one hundred and seventieth. |