281 



The argument assumes that when Congress relin- 

 quished title to the land and the right and power to 

 manage and use the land, it relinquished its power 

 under the commerce clause except in particulars (i), 

 (ii), and (iii). It also assumes that reservation of these 

 three enumerated aspects of the commerce power im- 

 plied that Congress gave up its plenary power over 

 the myriad other aspects of commerce. See, e.g., Heart 

 of Atlanta Motel, Inc. v. United States, 1964, 379 U.S. 



established, and vested in and arsiguod to the respec- 

 tive States or the persons who were on June 5, 1950, 

 entitled thnreto under the law of the respecUvo States 

 in which the land is located, and tlie respective gnxnt- 

 ees, lessees, or successors in interest thereof; 



(b) (1) Tlie United States releases and relinquishes 

 unto said States and persons f foresaid, except as other- 

 wise reserved herein, all right, title, and mterest of 

 the United States, if any it has, in and to all said 

 lands, improvements, and natural resources * * *." 

 The reservation provision referred to states, 43 U.S.CJL 



§ 1311 (d): 



"(d) Nothing in this chapter shall affect the use, 

 development, improvement, or control by or under 

 the constitutional authority of the United States of said 

 lands and waters for the purposes of navigation or 

 flood control of the production of power, or be constru- 

 ed as the release or relinquishment of any rights of the 

 United States arising under the constitutional authority 

 of Congress to regulate or improve navigation, or to 

 provide for flood control, or the production of pow- 

 er •• ♦ ." 

 The term "natural resovurces" is broadly defined to include 



both the animate and inanimate: 



"The term 'natural resources' includes, without 

 limiting the generality thereof, oil, gas, and all other 

 minerals, and fish, slirimp, oysters, clams, crabs, lob- 

 sters, sponges, kelp, and other marine animal and 

 plant life but does not include water power, or the 

 use of water for the production of power;" 



43 U.S.C.A. § 1301 (e) 



62-513 O - 71 - 19 



