Page images
PDF
EPUB

Amendments to Senate Joint Resolution 20, proposed by Senator Murray-

Amendment to Senate Joint Resolution 20, proposed by Burton K.

Wheeler

American Journal of International Law, reprint of article, Delimitation of
the Territorial Sea, July 1930..

527

American Journal of International Law, reprint of article, Delimitation of
Seaward Areas Under National Jurisdiction, April 1951
Applicants, district court memorandum of opinion concerning-

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--

Budget Bureau, adverse report on S. 940-

501

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
Britannic Majesty, September 3, 1783.

Delimitation of Seaward Areas Under National Jurisdiction, reprint of
article in the American Journal of International Law, April 1951..
Delimitation of the Territorial Sea, reprint from the American Journal of
International Law, volume 24, No. 3, July 1930.

Executive order 9633 of the President of September 28, 1945, reserving and

placing certain resources of the Continental Shelf under the control and

jurisdiction of the Secretary of the Interior_.

541

527

507

343

Interior Department, favorable report on Senate Joint Resolution 20__
Interior Department notice re oil and gas operations in the submerged
coastal lands of the Gulf of Mexico, December 11, 1950--
Supplement to part II, February 2, 1951.
Further supplement to part II, March 5, 1951.
Amendment to part III, January 26, 1951

[blocks in formation]

Interior Department, opinion by Solicitor's Office re applicability of the
Mineral Leasing Act of 1920 to the submerged lands of the Continental
Shelf, August 8, 1947___

498

Jefferson, Thomas, Secretary of State, official communication from, to Hon.
George Hammond, British Minister to the United States, November 8,
1793_

399

Justice Department adverse report on S. 940-

Justice Department, favorable report on Senate Joint Resolution 20...

344

17

Page

[blocks in formation]
[blocks in formation]

337

Smoot, I. A., Smoot Development Co., Postoffice Box 1601, Salt Lake
City 11, Utah___

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

« ՆախորդըՇարունակել »