LEGAL ASPECTS OF THE OWNERSHIP OF CONTINENTAL SHELF RESOURCES 



by 



Frank J. Barry 

 Solicitor, Department of The Interior 



I am most happy today to have the opportunity and the responsibility 

 of addressing the conference on the legal aspects of ownership of the natural 

 resources on the Continental Shelf. These resources are broadly varied and 

 vitally important to the future development of this country. The location 

 and identification of Continental Shelf resources and the scientific develop- 

 ment of techniques for their recovery and utilization is the primary concern 

 of scientists and engineers, both in and out of Government. If the Nation 

 is to realize the potential of this great store of natural resources, it 

 must be through the combined efforts of all Governmental agencies, working 

 in cooperation with the coastal States, private industry and, in appropriate 

 cases, with foreign nations. Such efforts must take place within the context 

 of effective laws and regulations if we are to formulate a policy for the 

 wise conservation and prudent management of these resources. 



As an attorney I am concerned with the formulation of effective laws 

 and regulations to permit proper development of Outer Continental Shelf 

 resources, and at the same time, to prevent waste and needless exploitation. 

 The people of this country have paid many times over for the hasty and all- 

 too-often improper exploitation of the natural resources on the public lands 

 of the United States, 



Even at present, the system of laws under which such resources are ad- 

 ministered is sorely in need of revision and updating - it is, to be sure, 

 a confusing patchwork of laws, regulations, executive orders, judicial 

 pronouncements and ineffective stop-gap measures. Operating under these 

 laws is difficult at best. Yet the Secretary of The Interior is charged 

 with, and must meet, the responsibility to assure that the nonrenewable 

 resources of this country are developed and used wisely and that renewable 

 resources make their full contribution to the progress, prosperity and 

 security of the United States - now and in the future. 



The development of a comprehensive and workable set of laws for the 

 administration of natural resources on the Continental Shelf is not an easy 

 task. It is complicated in no small measure by the peculiar nature and 

 location of these resources and by the complex network of Federal, State 

 and international interests therein. 



The early exploration, development and exploitation of the Continental 

 Shelf resources preceded adequate legislation and regulations. The need 

 for a major policy statement by the United States and for laws to effectuate 

 such policy was finally manifest when, on September 28, 1945, President 

 Harry S. Truman proclaimed that: 



