284 



t Whatever remaining doubt there might be on this 

 reading was expressly eliminated by language in 

 .5 1314 (a) which specifically retains in the Federal 

 government "all of its * * * rights in and powers of 

 regulation emd control of said lands and * * * waters 

 for the constitutional purposes of commerce * * **' 43 

 U.S.C.A. § 1314 (a).® This section, which encompasses 

 and pervades the entire Act, makes it clear that Con- 

 gress intended to and did retain all its constitutional 

 powers over commerce and did not relinquish certain 

 portions of the power by specifically reserving oth- 

 ers.*® 



• 'The United Sfcites retains all its navigational servi- 



tude and rights in and powers of regulation and con- 

 trol of said lands and navigable waters for the consti- 

 tutional purposes of commerce, navigation, national 

 defense, and international affairs, all of which shall 

 be paramount to, but shall not be deemed to include, 

 proprietary rights of ownersliip, or tlie rights of man- 

 agement, administration, leasing, use, and develop- 

 ment of the lands and natural resources which are 

 specifically recognized, confirmed, established, and 

 vested in and assigned to tlie respective States and 

 others by section 1311 of this title." 

 43 U.S.C.A. § 1314 (a). 

 «oIt is argued that the retention in § 1314(a) is limited to the three 

 aspects enumerated in § 1311(d) by the words "[the com- 

 merce power] shall be paramount to, but shall not be deemed 

 to include [relinquished rights]." But we have already shown 

 that the enumeration of these three, which are explicitly slated 

 because they are particularly relevant to the regulation of 

 land lying under navigable waters, does not imply that Con- 

 gressional power over other types of commerce was among 

 the rights relinqiiij;hed. Because Congress did not give up any 

 of its power over all of interstate commerce in § 1311 (see 

 note 7, supra), they arc not "[relinquished rights]" and the 

 limitation portion of § 1314(a) is inapplicable 



To hold otherwise would render tlie reservation of constitu- 

 tional commerce power in § 1314(a) a useless reiteration of 



