§ 1311. — Rights of States.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 43USC1311]
TITLE 43--PUBLIC LANDS
CHAPTER 29--SUBMERGED LANDS
SUBCHAPTER II--LANDS BENEATH NAVIGABLE WATERS WITHIN STATE BOUNDARIES
Sec. 1311. Rights of States
(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 of this chapter 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 of this chapter 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.
(May 22, 1953, ch. 65, title II, Sec. 3, 67 Stat. 30.)
Separability
Provisions of this section as separable, see section 11 of act May
22, 1953, set out as a note under section 1301 of this title.
Section Referred to in Other Sections
This section is referred to in sections 1313, 1314, 2105 of this
title.
