NATIONAL OCEANOGRAPHIC PROGRAM LEGISLATION 49 



specific mention of the territorial sea and that the definition of the 

 term "Continental Shelf" conform to the definition in article 1 of the 

 Convention on the Continental Shelf. However, in this connection, 

 it is suggested that consideration be given to the question whether the 

 inclusion of the territorial sea in the coverage of the proposed legisla- 

 tion would be consistent with the rights of the States under the 

 Submerged Lands Act (Public Law 31, 83d Cong.; 67 Stat. 29), and 

 maybe other laws also. 



Section 5(3) of the bill provides as one of the functions of the 

 Commission to be set up by the proposed legislation the development 

 of an engineering capability that wUl permit exploitation and develop- 

 ment of the Continental Shelf "and superjacent waters." As pointed 

 out above, the waters superjacent to the Continental Shelf are high 

 seas and whUe the provision in question is not necessarily inconsistent 

 with that situation, nevertheless, it should be clear that the rights 

 of the coastal State in such waters are not exclusive. 



The Bureau of the Budget advises that from the standpoint of the 

 administration's program there is no objection to the submission of 

 this report. 



Sincerely yours, 



Douglas AIacArthur II, 

 Assistant Secretary for Congressional Relations. 



General Counsel of the Treasury, 



Washington, D.O., July 30, 1965. 

 Hon. Herbert C. Bonner, 



Chairman, Com/mittee on Merchant Marine and Fisheries, 

 House of Representatives, Washington, B.C. 



Dear Mr. Chairman : This is in reply to your request for the views 

 of this Department on H.R. 5884 and H.E. 6009, identical bills, to 

 provide a prograan of marine exploration and development of the 

 resources of the Continental Shelf. 



This bill would create a Marine Exploration and Development 

 Commission composed of five members, two members from private 

 life appointed by the President, the Secretary of Defense, the Secre- 

 tary of the Interior, and the Secretary of Commerce. This Com- 

 mission would be charged with the function of formulating and carry- 

 ing out programs for the purpose of exploration and development of 

 the marine resources of the Continental Shelf. These programs 

 would include, but not be limited to, such matters as marine explora- 

 tions, expeditions and surveys; the identification, location and 

 economical devolpment of physical, chemical, geological, and bio- 

 logical resources of the Continental Shelf; and cooperative expedi- 

 tions for these purposes with other Federal agencies. 



The Department is in favor of the purpose of the bill which is to 

 advance the national interest in the exploration and development of 

 the resources of the Continental Shelf. However, it is believed that 

 the functions of the proposed Commission would overlap the duties 

 and responsibilities currently vested in other offices and agencies 

 with respect to oceanography. The field of oceanography cannot 

 be defined in clear-cut terms of reference. It covers basic disciplines 

 of science and engineering and contains within its spectrum such 



