Submerged Lands Act — State vs. Federal Ownership of Coastal Seabeds

The Submerged Lands Act of 1953 — codified at 43 U.S.C. §§ 1301–1315 — resolved one of the most consequential property disputes in American legal history: whether the states or the federal government owned the oil-rich seabed beneath coastal waters. For the federal government's companion authority over the outer continental shelf, see Outer Continental Shelf Lands Act. The Act confirmed state ownership of the seabed from the shoreline out to 3 geographic miles (the "3-mile limit") in most coastal states, with an important exception for Texas and Florida's Gulf Coast, which have historic claims extending to 3 marine leagues (approximately 10.5 miles) offshore. Beyond state boundaries lies the Outer Continental Shelf (OCS), which Congress simultaneously declared to be federal territory through the companion Outer Continental Shelf Lands Act (OCSLA, 43 U.S.C. §§ 1331–1356b).

The Submerged Lands Act was enacted to resolve the Tidelands Controversy — a 1940s-1950s political battle in which the Truman administration asserted federal ownership of offshore oil deposits in Louisiana, Texas, and California, while those states claimed the submerged lands as their own under the equal footing doctrine (the constitutional principle that new states enter the Union on an equal footing with the original 13 states, which generally owned their seabeds). The Supreme Court sided with the federal government in United States v. Texas (1950), United States v. California (1947), and United States v. Louisiana (1950), finding federal "paramount rights" over the submerged lands. Congressional Republicans and Southern Democrats responded by passing the Submerged Lands Act to override those decisions and return seabed ownership to the states — a result President Eisenhower signed in May 1953.

Current Law (2026)

Legal Authority

• 43 U.S.C. § 1301 — Definitions: "lands beneath navigable waters" means all lands within the boundaries of each respective state that are covered by nontidal waters that were navigable under the laws of the United States at the time such state became a member of the union; tidelands; submerged lands; and the beds of rivers, lakes, and other navigable waters; "boundaries" includes the three-mile belt as measured from the coast line
• 43 U.S.C. § 1302 — Resources of the lands and waters: nothing in this chapter shall be construed as affecting the ownership of the resources (including oil and gas) of the lands beneath navigable waters granted to the states; such resources belong to the states
• 43 U.S.C. § 1311 — Rights of states — confirmed: each of the 48 states of the United States that existed prior to enactment is hereby granted and confirmed in its ownership of the lands beneath navigable waters within its boundaries and the natural resources within such lands and waters, including any such lands temporarily covered by water; the seaward boundary of each state shall be a line three geographic miles distant from its coast line
• 43 U.S.C. § 1312 — Seaward boundaries of states: in the case of any state bordering on the Gulf of Mexico where the state's seaward boundary was, at the time of that state's admission to the Union or afterward, fixed at three marine leagues from the coast, the state's seaward boundary for purposes of this chapter shall extend to such marine leagues (approximately 10.5 miles) rather than three geographic miles
• 43 U.S.C. § 1313 — Exceptions from operation: certain federal uses and rights are preserved even within state submerged lands — including navigation, commerce, fisheries management, defense, international affairs, and existing federal grants; the United States retains the right to use the lands for federal purposes; the Act does not affect federal ownership of the seabed under navigable waters of the OCS
• 43 U.S.C. § 1314 — Rights and powers of the United States: 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; nothing in the Act diminishes the national defense interest or regulatory authority of the United States
• 43 U.S.C. § 1315 — Submerged lands of territories and possessions: the submerged lands adjacent to territories and possessions of the United States remain federal property, subject to congressional authority

The Tidelands Controversy

Origins

When the U.S. Southwest expanded after the Mexican-American War (Texas, California) and when major oil production developed in the Gulf of Mexico, the question of who owned the seabed — and the oil beneath it — became enormously valuable. States (especially Texas, Louisiana, California) had been leasing offshore mineral rights and collecting royalties for decades.

The controversy came to a head when the Truman administration's Interior Department took the position that the federal government, not the states, had "paramount rights" to resources in the tidal and submerged lands. The Supreme Court agreed in a series of decisions in the late 1940s and early 1950s:

• United States v. California (1947): The United States has "paramount rights in, and full dominion and power over, the lands, minerals and other things underlying the Pacific Ocean lying seaward of the ordinary low-water mark on the coast of California."
• United States v. Louisiana (1950): Same result for Louisiana's Gulf Coast.
• United States v. Texas (1950): Same result for Texas, rejecting Texas's claim that its 1845 annexation terms preserved its coastal waters to 3 leagues.

Congressional Override

These decisions were politically explosive. Texas and Louisiana (major oil-producing states) had been collecting significant royalty revenue from offshore leases. The decisions meant that revenue belonged to the federal government. Congress passed legislation to restore state title twice in the early 1950s — President Truman vetoed both bills.

When Eisenhower succeeded Truman and the Republicans gained congressional majorities in 1953, the Submerged Lands Act passed and was signed into law. It was an explicit congressional reversal of the Supreme Court's statutory interpretation (not of a constitutional holding), confirming state title. The Supreme Court upheld the Act's constitutionality in Alabama v. Texas (1954).

The 3-Mile Limit and the Texas/Florida Exception

Standard 3-Mile Limit

For all states except Texas (Gulf Coast) and Florida (Gulf Coast), state ownership extends to 3 geographic miles from the baseline (generally the ordinary low-water line along the coast). This 3-mile limit was the traditional rule of international law for territorial waters — the "cannon shot rule" from the early modern era (roughly the distance a shore battery could control).

A geographic mile = 1 nautical mile = approximately 1.15 statute miles. So the 3-mile limit is approximately 3.45 land miles from the coast.

Texas and Florida Gulf Coast Exception

Texas's 1845 annexation from the Republic of Texas included explicit terms preserving its "public lands." Texas argues — and Congress accepted — that the Republic of Texas had claimed 3 marine leagues (approximately 10.5 miles) as its jurisdictional boundary. The Submerged Lands Act recognizes this claim, giving Texas Gulf Coast waters to 3 leagues.

Florida gets the same 3-league Gulf Coast boundary because Florida's territorial waters at statehood (admitted 1845) also extended 3 leagues into the Gulf by Spain's and then the United States' usage. Florida's Atlantic Coast, however, follows the standard 3-mile rule.

Practical consequence: Texas and Florida collect oil and gas royalties on federal-level reserves that would be federal revenue for all other states. The Texas boundary alone adds enormous economic value — much of the Texas offshore shallower Gulf production falls within state (rather than federal) waters.

How Baselines Are Drawn

The "coast line" from which the 3-mile measurement runs is the ordinary low-water line — not the mean high-water line, not the extreme low tide, not the edge of a reef. Where the coastline is irregular (barrier islands, archipelagos), the baseline rules become complex. The Convention on the Territorial Sea (international law, incorporated by reference in OCSLA) governs baseline drawing. Disputes over baseline interpretation — especially for Louisiana's extensive offshore oil fields — have generated substantial litigation.

What the States Own (and Don't Own)

State Ownership

Within the 3/10.5-mile zone, states own:

• The seabed (the physical land beneath the water)
• The natural resources within that seabed, including oil, gas, and minerals
• The right to lease those resources and collect royalties
• The right to regulate uses of the seabed (subject to federal navigational servitude and preemption)

Federal Reserved Rights

Even within state seabed areas, the federal government retains:

• Navigational servitude: The paramount right to regulate and use navigable waters for commerce and navigation, without compensation to states or other owners. This is a constitutional power, not just statutory.
• National defense: Military uses of coastal waters.
• Commerce Clause regulation: Environmental regulation, shipping, fisheries management (federal jurisdiction over fisheries extends to the full 200-mile EEZ under the Magnuson-Stevens Act, not just the state zone).
• International affairs: Treaty obligations, boundary disputes with foreign nations.

What Changes at the 3/10.5-Mile Line

Beyond state waters:

• The OCS begins, governed by OCSLA
• The federal government owns the seabed and all resources
• BOEM manages leasing; BSEE manages safety
• Federal (not state) environmental law governs
• Royalties flow to the federal government (with a portion shared with coastal states under the Gulf of Mexico Energy Security Act/GOMESA)

Fisheries and Non-Mineral Resources

The Submerged Lands Act specifically grants states ownership of the natural resources within state submerged lands — but fisheries jurisdiction is more complex. States regulate fishing within their 3-mile zones (and generally have broader authority over commercial fishing). However, federal fisheries management under the Magnuson-Stevens Fishery Conservation and Management Act extends federal authority to the full 200-mile EEZ. Where state and federal fisheries rules conflict in the 3-mile zone, preemption analysis applies.

For shellfish and sedentary species (oysters, clams, crabs) within state waters, state law generally governs licensing and harvest regulation — this is a major economic interest for states like Louisiana, Maryland, and Virginia.

How It Affects You

If you work in offshore oil and gas: Where you are in relation to state vs. federal water determines which agency regulates your lease and which government collects your royalties. In-state waters (3 or 10.5 miles for Texas/Florida Gulf): state agency issues the lease, state royalty rates apply, state environmental permitting requirements govern. Beyond the state line: BOEM issues federal OCS leases, federal royalty rates apply (ONRR collects), federal NEPA and OCS safety requirements (BSEE) govern. For operations in both zones (pipeline routing, multi-well programs), both state and federal permits may be required with different compliance regimes.

If you work in coastal real estate, tidelands development, or maritime law: The Submerged Lands Act is foundational to understanding who owns what. Property adjacent to tidal waters has complex ownership questions: the state owns the seabed below the mean high-water mark (tidelands); upland owners may have riparian rights (access to water) but generally do not own the seabed. Navigable waters are subject to the federal navigational servitude, which means the government can require removal of private structures in navigable waters without compensation. Projects in state coastal waters (docks, piers, offshore structures) require state permitting under state coastal management programs (which themselves must be consistent with the federal Coastal Zone Management Act), plus Army Corps of Engineers permits for structures in navigable waters.

If you work in environmental law or are involved in offshore wind: State coastal waters (within 3 miles) are the domain of state environmental agencies; federal waters (OCS) are BOEM's domain. Offshore wind development in state waters requires state permits; offshore wind on the federal OCS requires BOEM leases. This creates a patchwork: Rhode Island Sound has both state and federal zones, requiring coordination between state and federal permitting regimes. States have asserted authority to block OCS leasing activities based on potential effects on state resources — these assertions have had mixed success in court.

If you are involved in coastal fisheries or aquaculture: State fisheries agencies have primary jurisdiction within the 3-mile zone, subject to Magnuson-Stevens preemption for federally-managed species. Aquaculture in state waters (oyster farms, shellfish leases, finfish pens) is authorized by state law; offshore aquaculture in federal OCS waters is in a regulatory gray zone that NOAA and BOEM have been working to clarify.

State Variations

The Submerged Lands Act itself sets the state/federal boundary, but states have varying approaches to managing and leasing their submerged lands:

• Texas: The General Land Office manages offshore leases and royalties in Texas state waters (out to 10.5 miles). Texas has been a major beneficiary of the 3-league exception, with significant oil production in state waters.
• Louisiana: Louisiana leases state offshore lands through the Department of Natural Resources. Louisiana's complex coastline and offshore islands generate ongoing baseline disputes.
• California: California leases state offshore lands through the State Lands Commission. California has been more restrictive about offshore oil development in state waters since the 1969 Santa Barbara oil spill.
• Florida: Florida (Gulf Coast) has the 3-league boundary, but Florida's constitution prohibits offshore drilling in state waters — making Florida's extended boundary primarily relevant for non-extraction purposes (conservation, fishing, coastal management).
• Great Lakes States: The Submerged Lands Act applies to navigable freshwater as well. Michigan, Wisconsin, Minnesota, Ohio, Indiana, Illinois, Pennsylvania, and New York each own their portions of the Great Lakes bed — a complex overlapping jurisdiction with Canadian provinces.

Recent Developments

• 2022 — GOMESA revenue sharing expansion: The Gulf of Mexico Energy Security Act, which shares OCS oil/gas royalties with coastal states (Alabama, Louisiana, Mississippi, Texas), was extended. The sharing formula has created pressure to expand OCS leasing because more leasing = more state revenue — creating some alignment between oil-state politics and OCS leasing policy.
• 2023 — Offshore wind and state boundary disputes: As offshore wind expanded on the Atlantic OCS, several states (Massachusetts, Rhode Island) sought to assert authority over the viewshed and visual impacts of turbines in adjacent federal waters. These claims were largely rejected as going beyond state authority under the Submerged Lands Act / OCSLA framework.
• 2024 — Great Lakes sediment dredging jurisdiction: Disputes over who controls dredging and sediment disposal in the Great Lakes (state submerged lands vs. federal navigational servitude) continued, particularly in the context of port improvements and channel maintenance.
• 2025 — OCS leasing under Trump administration: The Trump administration expanded the five-year OCS leasing program and challenged Biden-era withdrawal orders. The legal question of whether executive withdrawals under OCSLA § 1341 are reversible by subsequent presidents remained contested, with the Submerged Lands Act state boundary being one factor in the geographic scope of the withdrawal debate.