United States v. Louisiana

389 U.S. 155, 88 S. Ct. 367, 19 L. Ed. 2d 383, 1967 U.S. LEXIS 2756
Supreme Court of the United States·Decided January 15, 1968·No. 9 ORIG·Published·Cited by 12 cases

Opinions

Mr. Justice Black

delivered the opinion of the Court.

In United States v. California (the first California case), 332 U. S. 19 (1947), we held that the States did not own the submerged lands off their coastlines and that the United States had paramount rights in these lands. Some States violently objected to this decision claiming that they had historically owned at least out to a distance of three geographical miles from their coastlines; others asserted a historical claim out to three marine leagues from their coastlines. Responding to these objections, Congress in 1953 passed the Submerged Lands Act, 67 Stat. 29, 43 U. S. C. §§ 1301-1315, which makes two entirely separate types of grants of submerged land to the States. The first is an unconditional grant allowing each coastal State to claim a seaward boundary out to a line three geographical miles distant from its “coast line.” The second is a grant conditioned upon a State’s prior history. It allows those States bordering on the Gulf of Mexico, which at the time of their entry into the Union had a seaward boundary beyond three miles, to claim this historical boundary “as it existed at the time such State became a member of the Union,” but with the maximum limitation that no State may claim more than “three marine leagues” (approximately nine miles). In United States v. Louisiana, 363 U. S. 1 (1960), we held that Texas qualified for this conditional three-league grant. We did not decide, however, what is the “coast line” from which this three-league grant is measured. That question was specifi[157]*157cally reserved.1 Texas now claims that, for purposes of the three-league grant, its coastline extends to the seaward edge of artificial jetties constructed by it in the Gulf of Mexico and that it is entitled to lease certain submerged lands, portions of which lie more than three leagues from any part of the natural shoreline of Texas, but within three leagues of these jetties. The United States claims these portions for itself and invokes our original jurisdiction for a supplemental decree to that effect. The question we must decide is whether Congress intended that this grant, based as it is on the historical boundaries of the State, be measured from artificial jetties constructed many years after the State’s entry into the Union. For reasons to be stated we reject Texas’ contention and hold, as the Act clearly says, that its three-league claim must be measured to “such boundary as it existed at the time such State became a member of the Union.”

Texas relies heavily on this Court’s prior decision in the second California case, United States v. California, 381 U. S. 139 (1965). Our opinion there, however, dealt, not with the conditional statutory grant we have here, but with the other unconditional grant — the congressional creation of a new and standard three-mile seaward boundary for all coastal States. While some States in the past had claimed three-mile seaward boundaries — a claim explicitly rejected by this Court in the first California case, supra — Congress made it clear by the following wording in § 4 of the Submerged Lands Act that it was [158]*158establishing a new standard boundary for all coastal States: “Any State admitted subsequent 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 . . . 67 Stat. 31, 43 U. S. C. § 1312. The decision in the second California case, supra, held that Congress had left it up to this Court to define the “coast line” from which the standard three-mile grant was to be measured. The Court then borrowed the international definition of coastline in the Convention on the Territorial Sea and the Contiguous Zone, [1964] 15 U. S. T. (Pt. 2) 1607, T. I. A. S. No. 5639, used by the United States in its foreign relations with other countries, reasoning that “[t]his establishes a single coastline for both the administration of the Submerged Lands Act and the conduct of our future international relations .... Furthermore the comprehensiveness of the Convention provides answers to many of the lesser problems related to coastlines which, absent the Convention, would be most troublesome.” United States v. California, 381 U. S. 139, 165 (1965).

Article 8 of this Convention makes the following provision for artificially constructed extensions into the sea: “For the purpose of delimiting the territorial sea, the outermost permanent harbour works which form an integral part of the harbour system shall be regarded as forming part of the coast.” [1964] 15 U. S. T. (Pt. 2) 1607, 1609. Thus, it is clear that in the case of the three-mile unconditional grant artificial jetties are a part of the coastline for measurement purposes, and if Texas were claiming under the standard three-mile grant, its argument regarding the jetties would be far more persuasive.

Texas has not claimed the standard three-mile grant, however, but has asserted ownership over three marine leagues or approximately nine miles of submerged land, and this Court has sustained that claim. United States [159]*159v. Louisiana, supra. This it was allowed to do under that part of the Act providing the special conditional historical grant. There is a critical distinction, however, between this historical grant and the unconditional three-mile grant. The three-mile grant involved in the second California case is not keyed to the State’s boundary as of any particular date, but the three-league grant is keyed to a State’s boundary as of the date it entered the Union. This is clear from the words of § 2 (a) of the Act which state that the historical grant extends “to the boundary line of each such State where in any case such boundary as it existed at the time such State became a member of the Union . . . extends seaward (or into the Gulf of Mexico) beyond three geographical miles_” 67 Stat. 29, 43 U. S. C. § 1301. (Emphasis added.) This meaning is reinforced by the wording of § 4 which states that “[n]othing 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 . . . .” 43 U. S. C. § 1312. (Emphasis added.) This historical grant of three marine leagues is, through § 2 (b) of the Act, made to apply only to those States bordering the Gulf of Mexico. 43 U. S. C. § 1301.

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United States v. Louisiana, 389 U.S. 155, 88 S. Ct. 367, 19 L. Ed. 2d 383, 1967 U.S. LEXIS 2756 (1968).

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