§ 1301. — Definitions.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 43USC1301]
TITLE 43--PUBLIC LANDS
CHAPTER 29--SUBMERGED LANDS
SUBCHAPTER I--GENERAL PROVISIONS
Sec. 1301. Definitions
When used in this subchapter and subchapter II of this chapter--
(a) The term ``lands beneath navigable waters'' means--
(1) all lands within the boundaries of each of the respective
States which are covered by nontidal waters that were navigable
under the laws of the United States at the time such State became a
member of the Union, or acquired sovereignty over such lands and
waters thereafter, up to the ordinary high water mark as heretofore
or hereafter modified by accretion, erosion, and reliction;
(2) all lands permanently or periodically covered by tidal
waters up to but not above the line of mean high tide and seaward to
a line three geographical miles distant from the coast line of each
such State and to the boundary line of each such State where in any
case such boundary as it existed at the time such State became a
member of the Union, or as heretofore approved by Congress, extends
seaward (or into the Gulf of Mexico) beyond three geographical
miles, and
(3) all filled in, made, or reclaimed lands which formerly were
lands beneath navigable waters, as hereinabove defined;
(b) The term ``boundaries'' includes the seaward boundaries of a
State or its boundaries in the Gulf of Mexico or any of the Great Lakes
as they existed at the time such State became a member of the Union, or
as heretofore approved by the Congress, or as extended or confirmed
pursuant to section 1312 of this title but in no event shall the term
``boundaries'' or the term ``lands beneath navigable waters'' be
interpreted as extending from the coast line more than three
geographical miles into the Atlantic Ocean or the Pacific Ocean, or more
than three marine leagues into the Gulf of Mexico, except that any
boundary between a State and the United States under this subchapter or
subchapter II of this chapter which has been or is hereafter fixed by
coordinates under a final decree of the United States Supreme Court
shall remain immobilized at the coordinates provided under such decree
and shall not be ambulatory;
(c) The term ``coast line'' means the line of ordinary low water
along that portion of the coast which is in direct contact with the open
sea and the line marking the seaward limit of inland waters;
(d) The terms ``grantees'' and ``lessees'' include (without limiting
the generality thereof) all political subdivisions, municipalities,
public and private corporations, and other persons holding grants or
leases from a State, or from its predecessor sovereign if legally
validated, to lands beneath navigable waters if such grants or leases
were issued in accordance with the constitution, statutes, and decisions
of the courts of the State in which such lands are situated, or of its
predecessor sovereign: Provided, however, That nothing herein shall be
construed as conferring upon said grantees or lessees any greater rights
or interests other than are described herein and in their respective
grants from the State, or its predecessor sovereign;
(e) The term ``natural resources'' includes, without limiting the
generality thereof, oil, gas, and all other minerals, and fish, shrimp,
oysters, clams, crabs, lobsters, sponges, kelp, and other marine animal
and plant life but does not include water power, or the use of water for
the production of power;
(f) The term ``lands beneath navigable waters'' does not include the
beds of streams in lands now or heretofore constituting a part of the
public lands of the United States if such streams were not meandered in
connection with the public survey of such lands under the laws of the
United States and if the title to the beds of such streams was lawfully
patented or conveyed by the United States or any State to any person;
(g) The term ``State'' means any State of the Union;
(h) The term ``person'' includes, in addition to a natural person,
an association, a State, a political subdivision of a State, or a
private, public, or municipal corporation.
(May 22, 1953, ch. 65, title I, Sec. 2, 67 Stat. 29; Pub. L. 99-272,
title VIII, Sec. 8005, Apr. 7, 1986, 100 Stat. 151.)
Amendments
1986--Subsec. (b). Pub. L. 99-272 inserted ``, except that any
boundary between a State and the United States under this subchapter or
subchapter II of this chapter which has been or is hereafter fixed by
coordinates under a final decree of the United States Supreme Court
shall remain immobilized at the coordinates provided under such decree
and shall not be ambulatory''.
Short Title of 1995 Amendment
Pub. L. 104-58, title III, Sec. 301, Nov. 28, 1995, 109 Stat. 563,
provided that: ``This title [amending section 1337 of this title and
enacting provisions set out as notes under section 1337 of this title]
may be referred to as the `Outer Continental Shelf Deep Water Royalty
Relief Act'.''
Short Title of 1986 Amendments
Pub. L. 99-367, Sec. 1, July 31, 1986, 100 Stat. 774, provided:
``That this Act [enacting section 1865 of this title, amending section
1343 of this title, and repealing section 1861 of this title] may be
referred to as the `OCS Paperwork and Reporting Act'.''
Section 8001 of title VIII of Pub. L. 99-272 provided that: ``This
title [amending this section and sections 1332 and 1337 of this title
and enacting provisions set out as a note under section 1337 of this
title] may be referred to as the `Outer Continental Shelf Lands Act
Amendments of 1985'.''
Short Title
Section 1 of act May 22, 1953, provided that: ``This Act [enacting
subchapters I and II of this chapter] may be cited as the `Submerged
Lands Act'.''
Section 1 of act Aug. 7, 1953, ch. 345, 67 Stat. 462, provided that:
``This Act [enacting subchapter III of this chapter] may be cited as the
`Outer Continental Shelf Lands Act'.''
Separability
Section 11 of act May 22, 1953, provided that: ``If any provision of
this Act [enacting subchapters I and II of this chapter], or any
section, subsection, sentence, clause, phrase or individual word, or the
application thereof to any person or circumstance is held invalid, the
validity of the remainder of the Act and of the application of any such
provision, section, subsection, sentence, clause, phrase or individual
word to other persons and circumstances shall not be affected thereby;
without limiting the generality of the foregoing, if subsection 3(a)1,
3(a)2, 3(b)1, 3(b)2, 3(b)3, or 3(c) [section 1311(a)(1), (a)(2), (b)(1),
(b)(2), (b)(3), (c) of this title] or any provision of any of those
subsections is held invalid, such subsection or provision shall be held
separable and the remaining subsections and provisions shall not be
affected thereby.''
Naval Petroleum Reserve
Section 10 of act May 22, 1953, revoked Ex. Ord. No. 10426, Jan. 16,
1953, 18 F.R. 405, ``insofar as it applies to any lands beneath
navigable waters as defined in section 2 hereof [this section]''. Ex.
Ord. 10426 set aside certain submerged lands as a naval petroleum
reserve and transferred functions with respect thereto from the
Secretary of the Interior to the Secretary of the Navy.
Application to State of Alaska
Admission of Alaska into the Union was accomplished Jan. 3, 1959, on
issuance of Proc. No. 3269, Jan. 3, 1959, 24 F.R. 81, 73 Stat. c16, as
required by sections 1 and 8(c) of Pub. L. 85-508, July 7, 1958, 72
Stat. 339, set out as notes preceding section 21 of Title 48,
Territories and Insular Possessions.
Applicability of subchapters I and II of this chapter to the State
of Alaska, see section 6(m) of Pub. L. 85-508, set out as a note
preceding section 21 of Title 48.
Application to State of Hawaii
Applicability of this chapter to the State of Hawaii, see section
5(i) of Pub. L. 86-3, Mar. 18, 1959, 73 Stat. 6, set out as a note
preceding section 491 of Title 48, Territories and Insular Possessions.
Section Referred to in Other Sections
This section is referred to in sections 1302, 1331, 1340, 1356a,
2102 of this title; title 15 section 1171; title 28 section 2409a; title
33 sections 2701, 2716.
