ALLcrimesfood&drugstaxestelecomcommercehealthconservationtransportationagricultureveteransbrowse all titles »
0

43 U.S.C. § 1311Rights of States

submitted 73 years ago by ch. 65 to r/title-43-PUBLIC-LANDS · 985 words · no verdicts yet

in plain englishAI-generated · not legal advice

This section confirms States’ title to and authority over lands beneath navigable waters within their boundaries and the natural resources there, subject to specified federal powers and existing leases. It releases certain federal claims, directs payment of certain lease money to States, protects qualifying leases, and preserves western States’ groundwater and surface-water laws.

(a) Confirmation and establishment of title and ownership. It is declared to be in the public interest that the States, or the people entitled under State law on June 5, 1950, and their grantees, lessees, or successors, have the title and ownership of lands beneath navigable waters within each State’s boundaries and the natural resources in those lands and waters. Subject to this chapter, they also have the right and power under applicable State law to manage, administer, lease, develop, and use those lands and resources. (b) Release of United States title and claims; payment to States. (1) Except for reservations in this chapter, the United States releases and gives up any right, title, or interest it may have in those lands, improvements, and natural resources to the States and people described in subsection (a). (2) The United States also releases any claim it may have for money or damages arising from operations conducted by those States or people under State authority on or in those lands and navigable waters. (3) The Secretary of the Interior, Secretary of the Navy, or Treasurer of the United States must pay each State, or its lease-issuing grantee, all money paid under leases covering those lands or resources that was paid to one of those officials and under their or U.S. control on May 22, 1953. This excludes money that must be returned to a lessee or that may be deducted under a stipulation or agreement between the United States and a State. (c) Leases in effect on June 5, 1950. The rights, powers, and titles assigned to the States and their grantees remain subject to every State or grantee lease in force on June 5, 1950, according to its terms and the law of the issuing State. They also remain subject to the leaseholder’s right to keep the lease and operate under it for its full term and any authorized extension, renewal, or replacement. However, if oil or gas was not being produced from the lease on or before December 11, 1950, or the lease’s primary term expired after that date, the right lasts from May 22, 1953, for the unexpired term that remained on December 11, 1950, including authorized extensions, renewals, or replacements. Also, within 90 days after May 22, 1953: (i) the lessee must pay the State or its grantee all rent, royalties, and other amounts due under the lease and State law for June 5, 1950 through May 22, 1953, except amounts already paid to the State, grantee, Interior, Navy, or Treasurer and not refunded; and (ii) the lessee must file with Interior or Navy and with the State or grantee instruments consenting to payment to that State or grantee of all lease payments under control of those officials, the United States, or the United States Treasury, except payments also paid by the lessee to the State or grantee. (d) Federal authority over navigation, flood control, and power. Nothing in this subchapter or subchapter I affects the United States’ use, development, improvement, or control of these lands and waters under constitutional authority for navigation, flood control, or power production. It also does not release any congressional power-based federal right to regulate or improve navigation or provide flood control or power production. (e) Ground and surface waters west of the 98th meridian. Nothing in this subchapter or subchapter I affects, interferes with, or changes the laws of a State lying wholly or partly west of the 98th meridian concerning ownership and control of ground and surface waters. Those waters continue to be controlled, appropriated, used, and distributed under those States’ laws.
the actual law source: uscode.house.gov ↗public domain
(a) Confirmation and establishment of title and ownership of lands and resources; management, administration, leasing, development, and use

It is determined and declared to be in the public interest that (1) title to and ownership of the lands beneath navigable waters within the boundaries of the respective States, and the natural resources within such lands and waters, and (2) the right and power to manage, administer, lease, develop, and use the said lands and natural resources all in accordance with applicable State law be, and they are, subject to the provisions hereof, recognized, confirmed, established, and vested in and assigned to the respective States or the persons who were on June 5, 1950, entitled thereto under the law of the respective States in which the land is located, and the respective grantees, lessees, or successors in interest thereof;

(b) Release and relinquishment of title and claims of United States; payment to States of moneys paid under leases
(1)

The United States releases and relinquishes unto said States and persons aforesaid, except as otherwise reserved herein, all right, title, and interest of the United States, if any it has, in and to all said lands, improvements, and natural resources; (2) the United States releases and relinquishes all claims of the United States, if any it has, for money or damages arising out of any operations of said States or persons pursuant to State authority upon or within said lands and navigable waters; and (3) the Secretary of the Interior or the Secretary of the Navy or the Treasurer of the United States shall pay to the respective States or their grantees issuing leases covering such lands or natural resources all moneys paid thereunder to the Secretary of the Interior or to the Secretary of the Navy or to the Treasurer of the United States and subject to the control of any of them or to the control of the United States on May 22, 1953, except that portion of such moneys which (1) is required to be returned to a lessee; or (2) is deductible as provided by stipulation or agreement between the United States and any of said States;

(c) Leases in effect on June 5, 1950

The rights, powers, and titles hereby recognized, confirmed, established, and vested in and assigned to the respective States and their grantees are subject to each lease executed by a State, or its grantee, which was in force and effect on June 5, 1950, in accordance with its terms and provisions and the laws of the State issuing, or whose grantee issued, such lease, and such rights, powers, and titles are further subject to the rights herein now granted to any person holding any such lease to continue to maintain the lease, and to conduct operations thereunder, in accordance with its provisions, for the full term thereof, and any extensions, renewals, or replacements authorized therein, or heretofore authorized by the laws of the State issuing, or whose grantee issued such lease: Provided, however, That, if oil or gas was not being produced from such lease on and before December 11, 1950, or if the primary term of such lease has expired since December 11, 1950, then for a term from May 22, 1953 equal to the term remaining unexpired on December 11, 1950, under the provisions of such lease or any extensions, renewals, or replacements authorized therein, or heretofore authorized by the laws of the State issuing, or whose grantee issued, such lease: Provided, however, That within ninety days from May 22, 1953 (i) the lessee shall pay to the State or its grantee issuing such lease all rents, royalties, and other sums payable between June 5, 1950, and May 22, 1953, under such lease and the laws of the State issuing or whose grantee issued such lease, except such rents, royalties, and other sums as have been paid to the State, its grantee, the Secretary of the Interior or the Secretary of the Navy or the Treasurer of the United States and not refunded to the lessee; and (ii) the lessee shall file with the Secretary of the Interior or the Secretary of the Navy and with the State issuing or whose grantee issued such lease, instruments consenting to the payment by the Secretary of the Interior or the Secretary of the Navy or the Treasurer of the United States to the State or its grantee issuing the lease, of all rents, royalties, and other payments under the control of the Secretary of the Interior or the Secretary of the Navy or the Treasurer of the United States or the United States which have been paid, under the lease, except such rentals, royalties, and other payments as have also been paid by the lessee to the State or its grantee;

(d) Authority and rights of United States respecting navigation, flood control and production of power

Nothing in this subchapter or subchapter I shall affect the use, development, improvement, or control by or under the constitutional authority of the United States of said lands and waters for the purposes of navigation or flood control or the production of power, or be construed as the release or relinquishment of any rights of the United States arising under the constitutional authority of Congress to regulate or improve navigation, or to provide for flood control, or the production of power;

(e) Ground and surface waters west of 98th meridian

Nothing in this subchapter or subchapter I shall be construed as affecting or intended to affect or in any way interfere with or modify the laws of the States which lie wholly or in part westward of the ninety-eighth meridian, relating to the ownership and control of ground and surface waters; and the control, appropriation, use, and distribution of such waters shall continue to be in accordance with the laws of such States.

Source credit: (May 22, 1953, ch. 65, title II, § 3, 67 Stat. 30.)

history & why it existsrecord from the source credit
  • 1953Enacted · Act of May 22, 1953, ch. 65 · 67 Stat. 30

A history note hasn’t been published yet. The record shows enactment by ch. 65 on 1953-05-22.

all 0 arguments · sorted by: best

0/280

no arguments yet — make the first case