Title 43, Public LandsRelease 119-102

§1314 Rights and Powers Retained by United States; Purchase of Natural Resources; Condemnation of Lands

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

Last updated Aug 21, 2026|Official source

Summary

The United States keeps its power to control and regulate navigation and navigable waters for trade, shipping, national defense, and international affairs. Those federal powers are stronger than state rights, but they do not mean the United States owns or takes away the ownership, management, leasing, use, or development rights that were given to the states. In wartime or when needed for national defense, and when Congress or the President says so, the United States has the first right to buy, at the prevailing market price, all or part of those natural resources, or to take and use any of the lands by following legal procedures and paying fair payment.

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 43, Public Lands

Last Updated

Aug 21, 2026

Release point: 119-102