Title 43Public LandsRelease 119-73

§1311 Rights of States

Title 43 › Chapter CHAPTER 29— - SUBMERGED LANDS › Subchapter SUBCHAPTER II— - LANDS BENEATH NAVIGABLE WATERS WITHIN STATE BOUNDARIES › § 1311

Last updated Apr 6, 2026|Official source

Summary

Recognizes and gives each State ownership and control of the land under its navigable waters and the natural resources there. The States, or the people who had rights under State law on June 5, 1950 (and their grantees, lessees, or successors), get the right to manage, lease, develop, and use those lands and resources. The United States gives up any claim it might have to those lands and to money or damages from State operations, except for any rights the United States kept in this law. Money that was held by the Secretary of the Interior, the Secretary of the Navy, or the U.S. Treasurer on May 22, 1953 must be paid to the States or their grantees, except amounts that must be returned to lessees or are deductible by agreement. Existing leases that were in force on June 5, 1950 continue under their terms, and leaseholders may keep operating for the full term and any authorized extensions. For oil or gas leases that were not producing by December 11, 1950, or whose primary term expired after that date, leaseholders get from May 22, 1953 a term equal to what was still unexpired on December 11, 1950. Within 90 days after May 22, 1953, lessees must pay rents and royalties due from June 5, 1950 to May 22, 1953 (except amounts already paid or refunded) and file consents so federal-held lease payments can be paid to the State or its grantee. Federal power to regulate navigation, flood control, and power production remains unchanged. Laws of States wholly or partly west of the 98th meridian about ground and surface water stay in force.

Full Legal Text

Title 43, §1311

Public Lands — Source: USLM XML via OLRC

(a)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)(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)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)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)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.

Legislative History

Notes & Related Subsidiaries

Statutory Notes and Related Subsidiaries

SeparabilityProvisions of this section as separable, see section 11 of act May 22, 1953, set out as a note under section 1301 of this title.

Reference

Citations & Metadata

Citation

43 U.S.C. § 1311

Title 43Public Lands

Last Updated

Apr 6, 2026

Release point: 119-73