43 U.S.C. § 1312 — Seaward boundaries of States

Page 320 TITLE 43—PUBLIC LANDS § 1312 authorized by the laws of the State issuing, or whose grantee issued such lease: Provided, how- ever, 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 unex- pired on December 11, 1950, under the provisions of such lease or any extensions, renewals, or re- placements authorized therein, or heretofore au- thorized by the laws of the State issuing, or whose grantee issued, such lease: Provided, how- ever, That within ninety days from May 22, 1953 (i) the lessee shall pay to the State or its grant- ee 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, in- struments 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 respect- ing 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 au- thority of the United States of said lands and waters for the purposes of navigation or flood control or the production of power, or be con- strued 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 me- ridian Nothing in this subchapter or subchapter I shall be construed as affecting or intended to af- fect 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, relat- ing to the ownership and control of ground and surface waters; and the control, appropriation, use, and distribution of such waters shall con- tinue to be in accordance with the laws of such States. (May 22, 1953, ch. 65, title II, § 3, 67 Stat. 30.) Statutory Notes and Related Subsidiaries 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. § 1312. Seaward boundaries of States The seaward boundary of each original coastal State is approved and confirmed as a line three geographical miles distant from its coast line or, in the case of the Great Lakes, to the inter- national boundary. Any State admitted subse- quent to the formation of the Union which has not already done so may extend its seaward boundaries to a line three geographical miles distant from its coast line, or to the inter- national boundaries of the United States in the Great Lakes or any other body of water tra- versed by such boundaries. Any claim heretofore or hereafter asserted either by constitutional provision, statute, or otherwise, indicating the intent of a State so to extend its boundaries is approved and confirmed, without prejudice to its claim, if any it has, that its boundaries extend beyond that line. Nothing in this section is to be construed as questioning or in any manner prejudicing the existence of any State’s seaward boundary beyond three geographical miles if it was so provided by its constitution or laws prior to or at the time such State became a member of the Union, or if it has been heretofore ap- proved by Congress. (May 22, 1953, ch. 65, title II, § 4, 67 Stat. 31.) § 1313. Exceptions from operation of section 1311 of this title There is excepted from the operation of sec- tion 1311 of this title— (a) all tracts or parcels of land together with all accretions thereto, resources therein, or improvements thereon, title to which has been lawfully and expressly acquired by the United States from any State or from any person in whom title had vested under the law of the State or of the United States, and all lands which the United States lawfully holds under the law of the State; all lands expressly re- tained by or ceded to the United States when the State entered the Union (otherwise than by a general retention or cession of lands un- derlying the marginal sea); all lands acquired by the United States by eminent domain pro- ceedings, purchase, cession, gift, or otherwise in a proprietary capacity; all lands filled in, built up, or otherwise reclaimed by the United States for its own use; and any rights the United States has in lands presently and actu- ally occupied by the United States under claim of right; (b) such lands beneath navigable waters held, or any interest in which is held by the United States for the benefit of any tribe, band, or group of Indians or for individual In- dians; and (c) all structures and improvements con- structed by the United States in the exercise of its navigational servitude. (May 22, 1953, ch. 65, title II, § 5, 67 Stat. 32.) § 1314. Rights and powers retained by United States; purchase of natural resources; con- demnation of lands (a) The United States retains all its naviga- tional servitude and rights in and powers of reg- ulation and control of said lands and navigable