280 



are activities which may tend to destroy the ecological 

 balance and thereby affect commerce substantially. 

 Because of these potential effects Congress has the 

 power to regulate such projects. 



Ill 



Relinquishment of the Power 



Landholders do not challenge the existence of power. 

 They argue that Congress in the historic compromise 

 over the oil rich tidelands controversy abandoned its 

 power over other natural resources by tlie relinquish- 

 ment to the states in the Submerged Lands Act.^ By 

 it they urge the Government stripped itself of the power 

 to regulate tidelands properly except for purposes re- 

 lating to (i) navigation, (ii) flood control, and (iii) 

 hydroelectric power. This rests on the expressed Con- 

 gressional reservation of control for these three pur- 

 poses over the submerged lands, title to and power 

 over which Congress relinquished to the states^ 



643 U.S.C.A. § 1301, et seq. See Continental Oil Co. v. London 

 Steamship Owners* Mut. Ins. Ass'n., 5 Cir., 1969, 417 F.2d 1030, 



A.M.C ^ cert, denied, 1970, U.S. , 



S.Ct , 25 L.Ed.2d 92, A.M.C ; Atlantis Devel- 

 opment Corp. V. United States, 5 Cir., 1967, 379 F.2d 818. 

 .^The relinquishing pro\dsion states, 43 U.S.C.A. § 1311 (a) and (b): 

 "(a) It is determined and declared to be in the 

 public interest that (1) title to and ownership of the 

 lands beneath navigable waters within the boundaries 

 of the respective States, and the natural resources 

 within such lands and waters, and (2) tlie right and 

 power to manage, administer, lease, develop, and use 

 the said lands and natural resources all in accord- 

 ance with applicable State law be, and they are, sub- 

 ject to the provisions hereof, recognized, confirmed. 



