Title 43Public LandsRelease 119-73

§1314 Rights and powers retained by United States; purchase of natural resources; condemnation of lands

Title 43 › Chapter CHAPTER 29— - SUBMERGED LANDS › Subchapter SUBCHAPTER II— - LANDS BENEATH NAVIGABLE WATERS WITHIN STATE BOUNDARIES › § 1314

Last updated Apr 6, 2026|Official source

Summary

The United States keeps the power to control navigation and to regulate lands and waters for commerce, navigation, national defense, and international affairs. Those federal powers come before state rules, but do not include ownership or the rights to manage, lease, use, or develop lands and natural resources that were given to the states and others under section 1311. In wartime or when needed for national defense, if Congress or the President says so, the United States gets the first chance to buy those natural resources at the market price. The government may also take and use land for those purposes, but it must follow legal process and pay fair compensation.

Full Legal Text

Title 43, §1314

Public Lands — Source: USLM XML via OLRC

(a)The United States retains all its navigational servitude and rights in and powers of regulation and control of said lands and navigable waters for the constitutional purposes of commerce, navigation, national defense, and international affairs, all of which shall be paramount to, but shall not be deemed to include, proprietary rights of ownership, or the rights of management, administration, leasing, use, and development of the lands and natural resources which are specifically recognized, confirmed, established, and vested in and assigned to the respective States and others by section 1311 of this title.
(b)In time of war or when necessary for national defense, and the Congress or the President shall so prescribe, the United States shall have the right of first refusal to purchase at the prevailing market price, all or any portion of the said natural resources, or to acquire and use any portion of said lands by proceeding in accordance with due process of law and paying just compensation therefor.

Reference

Citations & Metadata

Citation

43 U.S.C. § 1314

Title 43Public Lands

Last Updated

Apr 6, 2026

Release point: 119-73