Hunt Ives Jackson Jenner Potter Purtell Clements Cooper TUESDAY, APRIL 28, 1953 (Legislative day of Monday, April 6, 1953) The PRESIDENT pro tempore called the Senate to order at 11 o'clock a. m., and the Chaplain offered prayer. THE JOURNAL On motion by Mr. TAFT, and by unanimous consent, The Journal of the proceedings of Monday, April 27, 1953, was approved. COMMITTEE AUTHORIZED TO SIT The Subcommittee on Investigations of the Committee on Government Operations was authorized to sit during the session of the Senate today, on the request of Mr. TAFT. QUESTION OF QUORUM Mr. DOUGLAS raised a question as to the presence of a quorum; Whereupon The PRESIDENT pro tempore directed the roll to be called; When Ninety-two Senators answered to their names, as follows: Aiken Anderson Green Griswold McClellan Millikin Monroney Hayden Hendrickson Morse Sparkman So Mr. TAFT'S motion was agreed to. The question recurring on agreeing to the reported amendment, striking out all after the resolving clause and inserting in lieu thereof other words, The amendment was amended on the motion of Mr. Ives. On motion by Mr. TAFT, The yeas and nays, being desired by one-fifth of the Senators present, were ordered on the question of agreeing to the committee amendment, as amended. On motion by Mr. DOUGLAS (for himself and Mr. ANDERSON) to further amend the reported amendment, by striking out in various places in the part proposed to be inserted certain words and inserting in lieu thereof other words, Bush Butler, Md. Butler, Nebr. Byrd Capehart Carlson Case Cordon Daniel Dirksen Douglas Duff Dworshak Hoey Johnson, Colo. Johnson, Tex. Johnston, S. C. Kefauver Kennedy Kilgore Knowland Ellender Ferguson Flanders Frear Kuchel Langer Lehman Long Magnuson Malone Mansfield Martin Maybank McCarran Fulbright George Gillette Goldwater Gore A quorum being present, Pending debate, Robertson Smith, Maine On motion by Mr. KNOWLAND, and by unanimous consent, Ordered, That when the Senate recesses tonight it be until 11 o'clock a. m. tomorrow. Pending debate, DAYLIGHT SAVING TIME IN THE DISTRICT OF COLUMBIA On motion by Mr. CASE, The PRESIDING OFFICER (Mr. BENNETT in the chair) laid before the Senate the amendment this day received from the House of Representatives for concurrence to the bill (S. 1419) to permit the Board of Commissioners of the District of Columbia to establish daylightsaving time in the District. intrastate commerce; which was referred to the Committee on Interstate and Foreign Commerce. Mr. MAYBANK presented a concurrent resolution of the Legislature of the State of South Carolina, favoring the enactment of legislation to outlaw the Communist Party in America and make membership in such party unlawful; which was referred to the Committee on the Judiciary. REPORT OF SELECT COMMITTEE ON SMALL BUSINESS Mr. THYE, from the Select Committee on Small Business, submitted a report (No. 206) on small business and defense subcontracts; which was ordered to be printed. INTRODUCTION OF BILLS Bills were introduced by unanimous consent, severally read the first and second times and referred as follows: By Mr. HILL (for himself and S. 1784. A bill to authorize the modification of the existing project for Mobile Harbor, Ala., in order to improve facilities for navigation; to the Committee on Public Works. By Mr. SMITH of New Jersey: S. 1785. A bill to amend the LaborManagement Relations Act, 1947, and for other purposes; to the Committee on Labor and Public Welfare. By Mr. ROBERTSON: S. 1786. A bill for the relief of Sonia Roller; to the Committee on the Judiciary. By Mr. JOHNSTON of South S. 1787. A bill to amend the Classification Act of 1949, as amended, pertaining to the Crafts, Protective, and Custodial Schedule, and to place the position of char employee working part time in the appropriate grade of the Crafts, Protective, and Custodial Schedule; to the Committee on Post Office and Civil Service. By Mr. PASTORE: S. 1788. A bill for the relief of Parsegh Simidian; to the Committee on the Judiciary. By Mr. SPARKMAN (for himself and Mr. HILL): S. 1789. A bill to provide for the disposal of certain private hospitals, clinics, and medical facilities acquired by the Veterans' Administration, and for other purposes; to the Committee on Government Operations. By Mr. BARRETT: S. 1790. A bill for the relief of Dr. Philip Bloemsma and Mrs. Joy Roelink Bloemsma; to the Committee on the Judiciary. By Mr. McCARRAN: S. 1791. A bill for the relief of Leong Walk Hong; to the Committee on the Judiciary. By Mr. JOHNSON of Colorado: S. 1792. A bill to amend the Servicemen's Readjustment Act of 1944; to the Committee on Labor and Public Welfare. By Mr. MAGNUSON (for himself and Mr. JACKSON): S. 1793. A bill to provide for the development of the Priest Rapids site on the Columbia River, Wash., under a license issued pursuant to the Federal Power Act; to the Committee on Public Works. By Mr. MUNDT: S. 1794. A bill to reimburse the South Dakota State Hospital for the Insane for the care of Indian patients; to the Committee on Interior and Insular Affairs. By Mr. LANGER: S. 1795. A bill for the relief of Fred and Bernice Ehlers; to the Committee on the Judiciary. By Mr. CAPEHART (for himself, S. 1796. A bill to incorporate the Board of Fundamental Education; to the Committee on the Judiciary. By Mr. SALTONSTALL: S. 1797. A bill to provide for the appointment of an additional district judge for the district of Massachusetts; to the Committee on the Judiciary. TITLE TO LANDS BENEATH NAVIGABLE WATERS WITHIN STATE BOUNDARIES AND TO NATURAL RESOURCES The Senate resumed the consideration of its unfinished business, viz, the joint resolution (S. J. Res. 13) to confirm and establish the titles to the States to lands beneath navigable waters within State boundaries and to natural resources within such lands and waters, and to provide for the use and control of said lands and resources. The question being on agreeing to the amendments yesterday proposed by Mr. DOUGLAS (for himself and Mr. ANDERSON) to the reported amendment as amended, Pending debate, EXECUTIVE BUSINESS During legislative session, certain executive business was transacted as in executive session by unanimous consent. MESSAGE FROM THE HOUSE A message from the House of Representatives by Mr. Bartlett, one of its clerks: Mr. President: The Speaker of the House having signed an enrolled bill, viz, S. 1419, I am directed to bring the same to the Senate for the signature of its President. ENROLLED BILL SIGNED The Secretary reported that he had examined and found truly enrolled the bill (S. 1419) to permit the Board of Commissioners of the District of Columbia to establish daylight-saving time in the District. The PRESIDENT pro tempore thereupon signed the same. TITLE TO LANDS BENEATH NAVIGABLE WATERS WITHIN STATE BOUNDARIES AND TO NATURAL RESOURCES The Senate resumed the consideration of its unfinished business, viz, the joint resolution (S. J. Res. 13) to confirm and establish the titles to the States to lands beneath navigable waters within State boundaries and to natural resources within such lands and waters, and to provide for the use and control of said lands and resources. On motion by Mr. TAFT, and by unanimous consent, Ordered, That during the further consideration of the pending joint resolution, effective upon the conclusion of the speech of Mr. SPARKMAN, debate upon any amendment, motion, or appeal, that may be pending or that may be proposed to the said joint resolution shall be limited to not exceeding 4 hours, to be equally divided and controlled by the mover of any such amendment and Mr. CORDON, or a Senator designated by him: Provided, That no amendment, submitted and intended to be proposed subsequent to the entering into of this agreement, that is not germane to the subject matter of the said joint resolution shall be received. Ordered further, That on Tuesday, May 5, 1953, the time between 12 noon and 2 p. m. shall be equally divided between the proponents and the opponents of the joint resolution and controlled, respectively, by Mr. CORDON, or a Senator designed by him, and Mr. MURRAY; and that any amendment pending at said hour of 2 o'clock, or thereafter proposed, shall be acted upon without debate, as shall likewise the vote on the final passage of the joint resolution. Ordered further, That in the event of the passage of the said joint resolution, the Senate shall immediately proceed, without debate, to the consideration of H. R. 4198, the corresponding House bill, that it be deemed to be amended by striking out all after the enacting clause and inserting in lieu thereof the text of Senate Joint Resolution 13, as amended, with the exception that in lieu of the words "joint resolution," wherever they appear therein, the word "act" shall be substituted; that the engrossment of the amendment and the third reading of the bill, as amended, shall be deemed to be ordered, that a vote be taken without debate on the final passage of the said bill; that in the event of the passage of the bill the title be appropriately amended, and the vote on the passage of the Senate joint resolution be deemed to be reconsidered and that it be postponed indefinitely. Pending debate, EXTENSION OF RENT CONTROL IN THE On motion by Mr. CASE, and by unanimous consent, The Committee on the District of Columbia was discharged from the further consideration of the bill (S. 1767) to amend and extend the provisions of the District of Columbia Emergency Rent Act of 1951. The Senate proceeded, by unanimous consent, to consider the said bill; and no amendment being made, Ordered, That it be engrossed and read a third time. The said bill was read the third time. Resolved, That it pass, and that the title thereof be as aforesaid. Ordered, That the Secretary request the concurrence of the House of Representatives therein. TITLES ΤΟ LANDS BENEATH NAVIGABLE WATERS WITHIN STATE BOUNDARIES AND TO NATURAL RESOURCES The Senate resumed the consideration of its unfinished business, viz, the joint resolution (S. J. Res. 13) to confirm and establish the titles to the States to lands beneath navigable waters within State boundaries and to natural resources within such lands and waters, and to provide for the use and control of said lands and resources. The question being on agreeing to the amendments yesterday proposed by Mr. DOUGLAS (for himself and Mr. ANDERSON) to the reported amendment as amended, A quorum being present, The VICE PRESIDENT resumed the chair. The question being taken on agreeing to the amendment proposed by Mr. DOUGLAS (for himself and Mr. ANDERSON), viz, on page 10, line 21, strike out all after the word "State" down to and including the word "miles" in line 3, follows: page 11, as "and to the boundary line of each such State where in any case such boundary as it existed at the time such State became a member of the Union, or as heretofore or hereafter approved by Congress, extends seaward (or into the Gulf of Mexico) beyond three geographical miles"; on page 11, line 9, strike out all after the word "Lakes" down to and including the word "Congress" in line 11, as follows: "as they existed at the time such State became a member of the Union, or as heretofore or hereafter approved by the Congress"; on page 11, line 17, strike out the word "The" and insert in lieu thereof In Title II the; on page 12, insert after line 23 the following: (i) The term "submerged lands of the Continental Shelf" means the lands (inIcluding the natural resources therein) underlying the open ocean, situated seaward of lands beneath navigable waters, and extending seaward to the outer edge of the Continental Shelf; (j) The term "mineral lease" means any form of authorization for the exploration, development, or production of oil, gas, or other minerals; and (k) The term "Secretary" means the Secretary of the Interior. On page 17, line 11, strike out all after the word "confirmed" down to and inIcluding the word "Congress" in line 18, as follows: ", 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 prejudicing the existence of any State's seaward boundary beyond three geographical miles if it was so provided 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 or is hereafter approved by Congress."; on page 20, strike out all on line 9 down to and including line 16, as follows: "SEC. 9. Nothing in this joint resolution shall be deemed to affect in any wise the rights of the United States to the natural resources of that portion of the subsoil and seabed of the Continental Shelf lying seaward and outside of the area of lands beneath navigable waters, as defined in section 2 hereof, all of which natural resources appertain to the United States, and the jurisdiction and control of which by the United States is hereby confirmed.” and insert in lieu thereof the following: TITLE III Submerged Lands of the Continental Sec. 9. All natural resources within the submerged lands of the Continental Shelf shall appertain to the United States and be subject to its jurisdiction and control as provided for in this Title. Sec. 10. (a) The provisions of this section shall apply to all mineral leases covering submerged lands of the Continental Shelf issued by any State or political subdivision or grantee thereof (including any extension, renewal, or replacement thereof heretofore granted pursuant to such lease or under the laws of such State): Provided (1) That such lease, or a true copy thereof, shall have been filed with the Secretary by the lessee or his duly authorized agent within ninety days from the effective date of this Joint Resolution, or within such further period or periods as may be fixed from time to time by the Secretary: (2) That such lease was issued (i) prior to December 21, 1948, and was on June 5, 1950, in force and effect in accordance with its terms and provisions and the law of the State issuing it, or (ii) with the approval of the Secretary and was on the effective date of this Joint Resolution in force and effect in accordance with its terms and provisions and the law of the State issuing it; (3) That within the time specified in paragraph (1) of this subsection, there shall have been filed with the Secretary (i) a certificate issued by the State official or agency having jurisdiction and stating that the lease was in force and effect as required by the provisions of paragraph (2) of this subsection or (ii) in the absence of such certificate, evidence in the form of affidavits, receipts, canceled checks, or other documents, and the Secretary shall determine whether such lease was so in force and effect; (4) That except as otherwise provided in section 3 hereof, all rents, royalties, and other sums payable under such a lease between June 5, 1950, and the effective date of this Joint Resolution, which have not been paid in accordance with the provisions thereof, and all rents, royalties, and other sums payable under such a lease after the effective date of this Joint Resolution shall be paid to the Secretary, who shall deposit them in a special fund in the Treasury to be disposed of as hereinafter provided; (5) That the holder of such lease certifies that such lease shall continue to be subject to the overriding royalty obligations existing on the effective date of this Joint Resolution; (6) That such lease was not obtained by fraud or misrepresentation; (7) That such lease, if issued on or after June 23, 1947, was issued upon the basis of competitive bidding; (8) That such lease provides for a royalty to the lessor of not less than 121⁄2 per centum in amount or value of the production saved, removed, or sold from the lease: Provided, however, That if the lease provides for a lesser royalty, the holder thereof may bring it within the provisions of this paragraph by consenting in writing, filed with the Secretary, to the increase of the royalty to the minimum herein specified; (9) That such lease shall terminate within a period of not more than five years from the effective date of this Joint Resolution in the absence of production or operations for drilling: Provided, however, That if the lease provides for a longer period, the holder thereof may bring it within the provisions of this paragraph by consenting in writing, filed with the Secretary, to the reduction of such period, so that it will not exceed the maximum period herein specified; and (10) That the holder of such lease furnishes such surety bond, if any, as the Secretary may require and complies with such other requirements as the Secretary may deem to be reasonable and necessary to protect the interests of the United States. (b) Any person holding a mineral lease which comes within the provisions of subsection (a) of this section, as determined by the Secretary, may continue to maintain such lease, and may conduct operations thereunder, in accordance with its provisions for the full term thereof and of any extension, renewal, or replacement authorized therein or heretofore authorized by the law of the State issuing such lease: Provided, however, That if oil or gas was not being produced from such lease on or before December 11, 1950, then for a term from the effective date hereof equal to the term remaining unexpired on December 11, 1950, under the provisions of such (c) With respect to any mineral lease (d) The permission granted in subsection (b) of this section shall not be construed to be a waiver of such claims, if any, as the United States may have against the lessor or the lessee or any other person respecting sums payable or paid for or under the lease, or respecting activities conducted under the lease, prior to the effective date of this Joint Resolution. Sec. 11. The Secretary is authorized, with the approval of the Attorney General of the United States and upon the application of any lessor or lessee of a mineral lease issued by or under the authority of a State, its political subdivision or grantee, on lands beneath navigable waters vested and assigned to such State under Title II of this Joint Resolution, to certify that the United States does not claim any proprietary interest in such lands or in the natural resources within them. Sec. 12. In the event of a controversy between the United States and a State as to whether or not lands are submerged lands of the Continental Shelf, the Secretary is authorized, notwithstanding the provisions of subsections (a) and (c) of section 10 of this Joint Resolution, and with the concurrence of the Attorney General of the United States, to negotiate and enter into agreements with the State, its political subdivision or grantee, or a lessee thereof, respecting operations under existing mineral leases and payment and impounding of rents, royalties, and other sums payable thereunder, or with the State, its political subdivision or grantee, respecting the issuance or nonissuance of new mineral leases pending the settlement or adjudication of the controversy: Provided, however, That the authorization contained in this section shall not be construed to be a limitation upon the authority conferred on the Secretary in other sections of this Joint Resolution. Payments made pursuant to such agreement, or pursuant to any stipulation between the United States and a State, shall be considered as compliance with section 10 (a) (4) hereof. Upon the termination of such agreement or stipulation by reason of the final settlement or adjudication of such controversy, if the lands subject to any mineral lease are determined to be in whole or in part submerged lands of the Continental Shelf, the lessee, if he has not already done so, shall comply with the requirements of section 10 (a), and thereupon the provisions of section 10 (b) shall govern such lease. Sec. 13. (a) In order to meet the urgent need during the present emergency for further exploration and development of the oil and gas deposits in the submerged lands of the Continental Shelf, the Secretary is authorized, pending the enactment of further legislation on the subject, to grant to the qualified persons offering the highest bonuses on a basis of competitive bidding oil and gas leases on submerged lands of the Continental Shelf which are not covered by leases within the scope of subsection (a) of section 10 of this joint resolution. (b) A lease issued by the Secretary pursuant to this section shall cover an area of such size and dimensions as the Secretary may determine, shall be for a period of five years and as long thereafter as oil or gas may be produced from the area in paying quantities, or drilling or well reworking operations as approved by the Secretary are conducted thereon, shall require the payment of a royalty of not less than 122 per centum, and shall contain such rental provisions and such other terms and provisions as the Secretary may be regulation prescribe in advance of offering the area for lease. (c) All moneys paid to the Secretary for or under leases granted pursuant to this section shall be deposited in a special fund in the Treasury to be disposed of as hereinafter provided. (d) The issuance of any lease by the Secretary pursuant to this section, or the refusal of the Secretary to certify that the United States does not claim any interest in any lands beneath navigable waters pursuant to section 11 of this Joint Resolution, shall not prejudice the ultimate settlement or adjudication of the question as to whether or not the area involved is land beneath navigable waters. Sec. 14. (a) Except as provided in subsection (b) of this section, all moneys received under the provisions of this Title shall be held in a special account in the Treasury during the present national emergency and, until the Congress shall otherwise provide, the moneys in such special account shall be used only for such urgent developments essential to the national defense and national security as the Congress may determine and thereafter shall be used exclusively as grants-in-aid of primary, secondary, and higher education. (b) The provisions of this section shall not apply to moneys received and held pursuant to any stipulation or agreement referred to in section 12 of this Joint Resolution pending the settlement or adjudication of the controversy. Sec. 15. (a) The President may, from time to time, withdraw from disposition any of the unleased submerged lands of the Continental Shelf and reserve them for the use of the United States in the interest of national security. (b) In time of war, or when the President shall so prescribe, the United States shall have the right of first refusal to purchase at the market price all or any portion of the oil and gas produced from the submerged lands of the Continental Shelf. (c) All leases issued under this Title, and leases, the maintenance and operation of which are authorized under this Title, shall contain or be construed to contain a provision whereby authority is vested in the Secretary, upon a recommendation of the Secretary of Defense, during a state of war or national emergency declared by the Congress or the President after the effective date of this Joint Resolution, to suspend operations under, or to terminate any lease; and all such leases shall contain or be construed to contain provisions for the payment of just compensation to the lessee whose operations are thus suspended or whose lease is thus terminated. Sec. 16. The Secretary is authorized to issue such regulations as he may deem to be necessary or advisable in performing his functions under this Title," On page 20, line 17, strike out "10" and insert in lieu therof 17; and on page 20, line 22, strike out "11" and insert in lieu thereof 18. It was determined in [Yeas the negative_____ Nays__ 26 58 So the amendment was not agreed to. MESSAGE FROM THE HOUSE A message from the House of Representatives by Mr. Maurer, one of its clerks: Mr. President: The House of Representatives has passed without amendment the bill (S. 1767) to amend and extend the provisions of the District of Columbia Emergency Rent Act of 1951. TITLE TO LANDS BENEATH NAVIGABLE WATERS WITHIN STATE BOUNDARIES AND TO NATURAL RESOURCES The Senate resumed the consideration of its unfinished business, viz, the joint resolution (S. J. Res. 13) to confirm and establish the titles of the States to lands beneath navigable waters within State boundaries and to natural resources within such lands and waters, and to provide for the use and control of said lands and resources. The reported amendment was further amended on the motion of Mr. HOLLAND. On motion by Mr. MONRONEY to further amend the reported amendment, by striking out in various places in the part proposed to be inserted certain words, and inserting in lieu thereof other words, ENROLLED BILL PRESENTED The Secretary reported that on today he presented to the President of the United States the enrolled bill (S. 1419) to permit the Board of Commissioners of the District of Columbia to establish daylight-saving time in the District. RECESS On motion by Mr. TAFT, at 6 o'clock and 14 minutes p. m., The Senate took a recess until 12 o'clock m. tomorrow. WEDNESDAY, APRIL 29, 1953 (Legislative day of Monday, April 6, 1953) The PRESIDENT pro tempore called the Senate to order at 12 o'clock m., and the Chaplain offered prayer. THE JOURNAL On motion by Mr. TAFT, and by unanimous consent, The Journal of the proceedings of Tuesday, April 28, 1953, was approved. PRESIDENTIAL APPROVALS A message from the President of the United States, by Mr. Miller, his secretary. Mr. President: The President of the United States on April 28, 1953, approved and signed the act (S. 1419) to permit the Board of Commissioners of the District of Columbia to establish daylightsaving itme in the District. Ordered, That the Secretary notify the House of Representatives thereof. QUESTION OF QUORUM Mr. HILL raised a question as to the presence of a quorum; Whereupon The PRESIDENT pro tempore directed the roll to be called; When Eighty-eight Senators answered to their names, as follows: Aiken Bennett Clements Cooper Cordon Daniel Douglas Duff Dworshak Ellender Ferguson The Subcommittee on Investigations of the Committee on Government Operations, and the Committee on Labor and Public Welfare were authorized to sit during the session of the Senate today, on the request of Mr. TAFT. A subcommittee of the Committee on the Judiciary was authorized to sit during the session of the Senate today, on the request of Mr. LANGER. MESSAGE FROM THE HOUSE A message from the House of Representatives by Mr. Bartlett, one of its clerks: Mr. President: The House of Representatives has passed the bill (H. R. 4828) making appropriations for the Department of the Interior for the fiscal year ending June 30, 1954, and for other purposes, in which it requests the concurrence of the Senate. HOUSE BILL REFERRED The bill H. R. 4828, this day received from the House of Representatives for concurrence, was read the first and second times by unanimous consent and referred to the Committee on Appropriations. REPORT OF NATIONAL TRUST FOR HISTORIC PRESERVATION IN THE UNITED STATES The PRESIDENT pro tempore laid before the Senate a communication from the secretary of the National Trust for Historic Preservation in the United States, transmitting, pursuant to law, a report of the trust for the calendar year ended December 31, 1952; which, with the accompanying report, was referred to the Committee on Interior and Insular Affairs. USE OF GOVERNMENT MOTOR VEHICLES The PRESIDENT pro tempore laid before the Senate a communication from the Secretary of Commerce, transmitting a draft of proposed legislation to authorize additional use of Government motor vehicles at isolated Government installations; which, with the accompanying paper, was referred to the Committee on Government Operations. PETITIONS AND MEMORIALS Mr. FLANDERS presented a resolution of the Legislature of the State of Vermont, urging that the Federal Government retire immediately from the field of motor-fuel taxation; which was referred to the Committee on Finance. ADDITIONAL AMENDMENTS REPORTED TO SENATE BILL 1081 Mr. CAPEHART, by unanimous consent, from the Committee on Banking and Currency, reported additional amendments to the bill (S. 1081) to provide authority for temporary economic controls, and for other purposes, heretofore reported. |