Amendments to Senate Joint Resolution 20, proposed by Senator Murray- Amendment to Senate Joint Resolution 20, proposed by Burton K. American Journal of International Law, reprint of article, Delimitation of 527 American Journal of International Law, reprint of article, Delimitation of 541 501 Attorney General, opinion re applicability of the Mineral Leasing Act of 1920 to the submerged lands of the Continental Shelf, August 29, 1947-- 501 California Assembly Joint Resolution No. 4 relative to lands beneath the navigable waters adjacent to the coasts of coastal States.. Decree, U. S. v. State of Texas, October term, 1950.. Defense Department, adverse report on S. 940- 345 396 Definitive Treaty of Peace between the United States of America and His Delimitation of Seaward Areas Under National Jurisdiction, reprint of Executive order 9633 of the President of September 28, 1945, reserving and placing certain resources of the Continental Shelf under the control and 541 527 Executive order 9634 providing for the establishment of fishery conserva- Executive order reserving resources of the Continental Shelf under the control and jurisdiction of the Secretary of the Interior.. Geographical Review, reprint of article on National Claims in Adjacent House Joint Resolution 225, Seventy-ninth Congress, to quiet the titles of the respective States, and others, to lands beneath tidewaters and lands beneath navigable waters within the boundaries of such States and to prevent further clouding of such titles__ Ickes, Harold L., statement re applicability of Mineral Leasing Act to submerged coastal lands before the Senate Committee on the Judiciary, 507 Ickes' rulings that the States are the owners of submerged lands within their respective boundaries, submitted by William W. Clary. Interior Department, adverse report on S. 940-- 343 Interior Department, favorable report on Senate Joint Resolution 20__ Interior Department, opinion by Solicitor's Office re applicability of the 498 Jefferson, Thomas, Secretary of State, official communication from, to Hon. 399 Justice Department adverse report on S. 940- Justice Department, favorable report on Senate Joint Resolution 20... 344 17 Long Beach Board of Harbor Commissioners, resolution opposing Senate Long Beach Board of Realtors' resolution re Senate Joint Resolution 20. Long Beach City Council resolution opposing Senate Joint Resolution 20- Los Angeles City Council resolution opposing Senate Joint Resolution 20-- Los Angeles Harbor District Chambers of Commerce resolution re Senate Louisiana, decree, U. S. v., October term, 1950. Louisiana, Supreme Court decision in U. S. v., decided June 5, 1950- Page Map, San Pedro Bay, Huntington Beach oil field.. Marine Association of Commerce resolution re Senate Joint Resolution Maryland State Legislature, Joint Resolution No. 2 of 1949 session.. Mayhew v. Krug, United States District Court for the District of Columbia, Letter to President Franklin D. Roosevelt, July 27, 1936- Letter from Secretary Harold L. Ickes, August 17, 1936. Letter to President Harry S. Truman, March 29, 1947. Letter from Under Secretary Oscar L. Chapman, April 3, 1947- National Association of Attorneys General, resolution adopted December Senate Joint Resolution 20, Eighty-second Congress, first session, to pro- vide for the continuation of operations under certain mineral leases issued by the respective States covering submerged lands of the Continental Shelf, to encourage the continued development of such leases, to provide for the protection of the interests of the United States in the oil and gas deposits of said lands, and for other purposes- - - S. 940. To confirm and establish the title of the States to lands beneath 337 Texas, decree, U. S. v., October term 1950___. Texas School Land Board, joint statement by members- Texas State Bar, special committee on tidelands, Robert Lee Bobbitt, Texas, Supreme Court decision in U. S. v., decided June 5, 1950. Treaty of peace between the United States of America and His Britannic Truman, Harry S., Executive order 9633 of, reserving and placing certain resources of the Continental Shelf under the control and jurisdiction of Brown, Edmond G., attorney general of California, Los Angeles 12, Calif. Bush, George B., attorney at law, 215 West Seventh Street, Los Angeles, Daniel, Price, attorney general of Texas, Austin, Tex- Enstrom, W. A., 2260, Board of Trade Building, Chicago 4, Ill. Ford, Thomas F., 4516 Cockerham Drive, West Los Angeles, Calif. Ford, Russell E., 3920 Wilshire Boulevard, Los Angeles 5, Calif.. Kemp, Boliver E., Jr., attorney general, Baton Rouge, La. Mathes, Burke, 458 South Spring Street, Los Angeles 13, Calif. Smoot, I. A., Smoot Development Co., Postoffice Box 1601, Salt Lake 571 Warren, Earl, Governor State of California, Sacramento, Calif. 114 SUBMERGED LANDS MONDAY, FEBRUARY 19, 1951 UNITED STATES SENATE, COMMITTEE ON INTERIOR AND INSULAR AFFAIRS, Washington, D. C. The committee met, pursuant to call, at 10: 25 a. m., in the committee room, 224 Senate Office Building, Washington, D. C., Senator Joseph C. O'Mahoney (chairman) presiding. Present: Senators Joseph C. O'Mahoney, Wyoming (chairman); James E. Murray, Montana; Herbert H. Lehman, New York; Russell B. Long, Louisiana; George A. Smathers, Florida; Hugh Butler, Nebraska; Eugene D. Millikin, Colorado; Guy Cordon, Oregon; Zales N. Ecton, Montana, and George W. Malone, Nevada. Also present: Hon. William F. Knowland, United States Senator from California; Representatives J. M. Combs, Second District of Texas, and Clyde Doyle, Eighteenth District of California. The CHAIRMAN. The committee will please come to order. The committee owes an apology perhaps to all of you who are in attendance here today for the crowded conditions under which the hearing opens. We had hoped to be able to get one of the larger rooms. In fact, we applied for the largest room available. Unfortunately, however, the custodian misunderstood our application and gave us the date March 19 instead of February 19, so we will have to do the best we can with our own committee room. The bill before us, Senate Joint Resolution 20, which will be made a part of the record at this point, was introduced by the Senator from New Mexico, Mr. Anderson, and myself. (S. J. Res. 20 is as follows:) [S. J. Res. 20, 82d Cong., 1st sess.] JOINT RESOLUTION To provide for the continuation of operations under certain mineral leases issued by the respective States covering submerged lands of the Continental Shelf, to encourage the continued development of such leases, to provide for the protection of the interests of the United States in the oil and gas deposits of said lands, and for other purposes Whereas certain mineral leases on submerged lands of the Continental Shelf were issued by coastal States under claim of ownership by such issuing States, and lessees have expended large sums of money in conducting operations under such leases; and Whereas the Supreme Court of the United States on June 23, 1947, rendered an opinion in the case of United States versus California and on June 5, 1950, rendered opinions in the cases of United States versus Louisiana and United States versus Texas, holding that the United States has paramount rights in, and full dominion and power over, the submerged lands of the Continental Shelf adjacent to the shores of California, Louisiana, and Texas, and that the respective States do not own the submerged lands of the Continental Shelf within their boundaries; and 1 Whereas it is in the national interest and important to national defense in the present emergency that the orderly development of the oil and gas deposits in the submerged lands of the Continental Shelf should continue without interruption, and in view of the time required for consideration and enactment of permanent legislation covering the exploration, development, production, and conservation of the oil and gas deposits in the submerged lands of the Continental Shelf, thus making it essential that this resolution be enacted in order to protect the interests of the United States pending the enactment of permanent legislation by the Congress respecting the submerged lands of the Continental Shelf: Therefore be it Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That (a) the provisions of this section shall apply to all mineral leases covering submerged lands of the Continental Shelf issued by any State or political subdivision or grantee thereof (including any extension, renewal, or replacement thereof heretofore granted pursuant to such lease or under the laws of such State): Provided— (1) That such lease, or a true copy thereof, shall have been filed with the Secretary by the lessee or his duly authorized agent within ninety days from the effective date of this joint resolution, or within such further period or periods as may be fixed from time to time by the Secretary; (2) That such lease was issued (i) prior to December 21, 1948, and was on June 5, 1950, in force and effect in accordance with its terms and provisions and the law of the State issuing it, or (ii) with the approval of the Secretary and was on the effective date of this joint resolution in force and effect in accordance with its terms and provisions and the law of the State issuing it; (3) That within the time specified in paragraph (1) of this subsection, there shall have been filed with the Secretary (i) a certificate issued by the State official or agency having jurisdiction and stating that the lease was in force and effect as required by the provisions of paragraph (2) of this subsection or (ii) in the absence of such certificate, evidence in the form of affidavits, receipts, canceled checks, or other documents, and the Secretary shall determine whether such lease was so in force and effect; (4) That except as otherwise provided in section 3 hereof, all rents, royalties, and other sums payable under such a lease between June 5, 1950, and the effective date of this joint resolution, which have not been paid in accordance with the provisions thereof, and all rents, royalties, and other sums payable under such a lease after the effective date of this resolution shall be paid to the Secretary, who shall deposit them in a special fund in the Treasury to be disposed of as hereinafter provided; (5) That the holder of such lease certifies that such lease shall continue to be subject to the overriding royalty obligations existing on the effective date of this joint resolution; (6) That such lease was not obtained by fraud or misrepresentation; (7) That such lease, if issued on or after June 23, 1947, was issued upon the basis of competitive bidding; (8) That such lease provides for a royalty to the lessor of not less than 122 per centum in amount or value of the production saved, removed, or sold from the lease: Provided, however, That if the lease provides for a lesser royalty, the holder thereof may bring it within the provisions of this paragraph by consenting in writing, filed with the Secretary, to the increase of the royalty to the minimum herein specified; (9) That such lease will terminate within a period of not more than five years from the effective date of this joint resolution in the absence of production or operations for drilling: Provided, however, That if the lease provides for a longer period, the holder thereof may bring it within the provisions of this paragraph by consenting in writing, filed with the Secretary, to the reduction of such period, so that it will not exceed the maximum period herein specified; and (10) That the holder of such lease furnishes such surety bond, if any, as the Secretary may require and complies with such other requirements as the Secretary may deem to be reasonable and necessary to protect the interests of the United States. (b) Any person holding a mineral lease which comes within the provisions of subsection (a) of this section, as determined by the Secretary, may continue to maintain such lease and may conduct operations thereunder, in accordance |