871 



thereunder, in accordance with its provisions, for 

 the full term thereof, and any extensions, renewals, 

 or replacements authorized therein, or heretofore 

 authorized by the laws of the State issuing, or whose 

 grantee issued such lease: Provided, hotvever, That, 

 if oil or gas was not being produced from such lease 

 on and before December 11. 1950. or if the primary 

 term of such lease has expired since December 11. 

 1950. then for a term from May 22. 1953 equal to 

 the term remaining unexpired on December 11. 1950. 

 under the provisions of such lease or any extensions, 

 renewals, or replacements authorized therein, or 

 heretofore authorized by the laws of the State is- 

 suing, or whose grantee issued, such lease; Provided, 

 however. That within ninety days from May 22. 1953 

 (i) the lessee shall pay to the State or Its grantee 

 issuing such lease all rents, royalties, and other sums 

 payable between June 5. 1950. and May 22, 1953, 

 under such lease and the laws of the State issuing 

 or whose grantee issued such lease, except such 

 rents, royalties, and other sums as have been paid 

 to the State, its grantee, the Secretary of the Interior 

 or the Secretary of the Navy or the Treasurer of 

 the United States and not refunded to the lessee; 

 and (ii) the lessee shall file with the Secretary of 

 the Interior or the Secretary of the Navy and with 

 the State issuing or whose grantee issued such lease, 

 instruments consenting to the payment by the Secre- 

 tary of the Interior or the Secretary of the Navy 

 or the Treasurer of the United States to the State 

 or its grantee issuing the lease, of all rents, royalties, 

 and other payments under the control of the Secre- 

 tary of the Interior or the Secretary of the Navy 

 or the Treasurer of the United States or the United 

 States which have been paid, under the lease, except 

 such rentals, royalties, and other payments as have 

 also been paid by the lessee to the State or its 

 grantee: 



(d) Authority and rights of the United States respect- 

 ing navigation, flood control and production of 

 power. 



Nothing in this chapter shall affect the use, de- 

 velopment, improvement, or control by or under the 

 constitutional authority of the United States of 

 said lands and waters for the purposes of naviga- 

 tion or flood control or the production of power, 

 or be construed as the release or relinquishment 

 of any rights of the United States arising under thf' 

 constitutional authority of Congress to regulate or 

 improve navigation, or to provide for flood control, 

 or the production of power; 



(e) Ground and surface waters west of the 98th 

 meridian. 



Nothing in this chapter shall be construed 

 as affecting or intended to affect or in any way 

 interfere with or modify the laws of the States 

 which lie wholly or in part westward of the ninety- 

 eighth meridian, relating to the ownership and 

 control of ground and surface waters; and the con- 

 trol, appropriation, use. and distribution of such 

 waters shall continue to be in accordance with the 

 laws of such States. (May 22. 1953, ch. 65. title n, 

 § 3, 67 Stat. 30.) 



§ 1312. Seaward boundaries of States. 



The seaward boundary of each original coastal 

 State is approved and confirmed as a line three 



geographical miles distant from its coast line or. 

 in the case of the Great Lalces. to the international 

 boundary. Any State admitted subsequent to the 

 formation of the Union which has not already done 

 so may extend its seaward boundaries to a line 

 three geographical miles distant from its coast line, 

 or to the international boundaries of the United 

 States in the Great Lakes or any other body of 

 water traversed by such boundaries. Any claim 

 heretofore or hereafter asserted either by constitu- 

 tional provision, statute, or otherwise, indicating 

 the intent of a State so to extend its boundaries 

 is approved and confirmed, without prejudice to its 

 claim, if any it has. that its boundaries extend 

 beyond that line. Nothing in this section is to be 

 construed as questioning or in any manner prejudic- 

 ing the existence of any State's seaward boundary 

 beyond three geographical miles if it was so pro- 

 vided by its constitution or laws prior to or at the 

 time such State became a member of the Union, 

 or if it has been heretofore approved by Congress. 

 (May 22. 1953. ch. 65. title II, § 4. 67 Stat. 31.) 



§ 1313. Exceptions from confirmation and establish- 

 ment of States' title, power and rights. 



There is excepted from the operation of section 

 1311 of this title— 



(a) all tracts or parcels of land together with all 

 accretions thereto, resources therein, or improve- 

 ments thereon, title to which has been lawfully and 

 expressly acquired by the United States from any 

 State or from any person in whom title had vested 

 under the law of the State or of the United States, 

 and all lands wh'ch the United States lawfully holds 

 under the law of the State; all lands expressly re- 

 tained by or ceded to the United States when the 

 State entered the Union (otherwise than by a gen- 

 eral retention or cession of lands underlying the 

 marginal sea); all lands acquired by the United 

 States by eminent domain proceedings, purchase, 

 cession, gift, or otherwise in a proprietary capacity; 

 all lands filled in, built up, or otherwise reclaimed 

 by the United States for its own use; and any rights 

 the United States has in lands presently and actually 

 occupied by the United States under claim of right; 



(bi such lands beneath navigable waters held, or 

 any interest in which is held by the United States 

 for the benefit of any tribe, band, or group of Indians 

 or for individual Indians: and 



(c)'all structures and improvements constructed 

 by the United States in the exercise of its naviga- 

 tional servitude. (May 22, 1953. ch. 65. title II, § 5. 

 67 Stat. 32.) 



§1314. Rights and powers retained by the United 

 Slates; purchase of natural resources; condemna- 

 tion of lands. 



(a) The United States retains all its navigational 

 servitude and rights in and powers of regulation and 

 control of said lands and navigable waters for the 

 constitutional purposes of commerce, navigation, na- 

 tional defense, and international affairs, all of which 

 shall be paramount to. but shall not be deemed to 

 include, proprietary rights of ownership, or the 

 rights of management, administration, leasing, use. 

 and development of the lands and natural resources 

 which are specifically recognized, confirmed, estab- 

 lished, and vested in and assigned to the respective 



