,4pp. B—The Exclusive Economic Zone and U.S. Insular Territories • 299 



and became responsible for their foreign affairs and de- 

 fense. The situation of the Northern Mariana Islands 

 may be comparable to that of Texas, which was admit- 

 ted to the Union after having been an independent coun- 

 try. When it joined the United States, Texas relin- 

 quished its sovereignty and, with it, her proprietary 

 claims to submerged lands in the Gulf of Mexico. ^^ 



In 1985, the Northern Mariana Islands Commission 

 on Federal Laws suggested that Congress convey to the 

 Marianas submerged lands to an extent of 3 nautical 

 miles "without prejudice to any claims the Northern 

 Mariana Islands may have to submerged lands seaward 

 of those conveyed by the legislation."'^ The Commis- 

 sion recognized that there are strong arguments for and 

 against the Northern Marianas' continued ownership 

 of submerged lands after termination of the trusteeship, 

 but it pointed out that it "makes little sense" for the 

 United States to transfer tide to the islands, only to have 

 that title revert to the United States under the doctrine 



'■'United States v. Texas, 339 U.S. 707 (1950). 



"Second Interim Report to the Congress of the United States, 172. The Com- 

 mission is appointed by the President under Section 504 of the Covenant to 

 make recommendations to Congress as to which laws of the United States should 

 apply to the Commonwealth and which should not. 



of United States v. Texas.^* The Commonwealth is still 

 negotiating with the Executive Branch over the accept- 

 ance or modification of its marine claims. 



Territorial Ocean Laws 



The history and culture of the territories are intert- 

 wined with the ocean. Some of them have acted to as- 

 sert their own claims to manage ocean resources beyond 

 the territorial sea, although their authority to do so is 

 uncertain under U.S. territorial law. The present situ- 

 ation is one of latent conflict which could become ac- 

 tive when marine prospecting or development is pro- 

 posed. Should the United States decide that Federal 

 jurisdiction is exclusive, an explorer or miner may be 

 greatly delayed while Federal and territorial authorities 

 argue their positions in court. A Congressional resolu- 

 tion of this conflict would require action using the ple- 

 nary powers of the Constitution's territorial clause, 

 tempered by the goals of American and international 

 territorial law, and the political and economic develop- 

 ment of the territories and their people. 



"Id., 178, 179. 



