Page images
PDF
EPUB

"SEC. 7. Nothing in this joint resolution shall be deemed to amend, modify, or repeal the acts of July 26, 1866 (14 Stat. 251), July 9, 1870 (16 Stat. 217), March 3, 1877 (19 Stat. 377), June 17, 1902 (32 Stat. 388), and December 22, 1944 (58 Stat. 887), and acts amendatory thereof or supplementary thereto.

“SEC. 8. Nothing contained in this joint resolution shall affect such rights, if any, as may have been acquired under any law of the United States by any person in lands subject to this joint resolution and such rights, if any, shall be governed by the law in effect at the time they may have been acquired: Provided, however, That nothing contained in this joint resolution is intended or shall be construed as a finding, interpretation, or construction by the Congress that the law under which such rights may be claimed in fact or in law applies to the lands subject to this joint resolution, or authorizes or compels the granting of such rights in such lands, and that the determination of the applicability or effect of such law shall be unaffected by anything contained in this joint resolution.

“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.

"Sec. 10. Executive Order Numbered 10426, dated January 16, 1953, entitled 'Setting Aside Submerged Lands of the Continental Shelf as a Naval Petroleum Reserve', is hereby revoked insofar as it applies to any lands beneath navigable waters as defined in section 2 hereof.

“SEC. 11. SEPARABILITY.-If any provision of this joint resolution, or any section, subsection, sentence, clause, phrase or indir

ual word, or the application thereof to any person or circumstance is held invalid, the validity of the remainder of the joint resolution and of the application of any such provision, section, subsection, sentence, clause, phrase or individual word to other persons and circumstances shall not be affected thereby; without limiting the generality of the foregoing, if subsection 3 (a) 1, 3 (a) 2, 3(b) 1, 3 (b) 2, 3 (b) 3, or 3 (c) or any provision of any of those subsections is held invalid, such subsection or provision shall be held separable and the remaining subsections and provisions shall not be affected thereby.” Insert the following:

That (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 Act, 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 Act 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 act, 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 Act 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 Act;

(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 1212 per centum in amount or value of the production saved, removed, or sold from the lease: Provided, however, That is the lease provides for a lesser royalty, the holder thereof may bring 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 will terminate within a period of not more than five years from the effective date of this Act 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 reduc

tion 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 lease or any extensions, renewals, or replacements authorized therein, or heretofore authorized by the laws of the State issuing, or whose grantee issued, such lease. A negative determination under this subsection may be made by the Secretary only after giving to the holder of the lease notice and an opportunity to be heard.

(c) With respect to any mineral lease that is within the scope of subsection (a) of this section, the Secretary shall exercise such powers of supervision and control as may be vested in the lessor by law or the terms and provisions of the 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 Act.

Sec. 2. 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 tidelands or submerged lands beneath navigable inland waters within the boundaries of such State, to certify that the United States does not claim any proprietary interest in such lands or in the mineral deposits within them. The authority granted in this section shall not apply to rights of the United States in lands (a) which have been lawfully acquired by the United States from any State, either at the time of its admission into the Union or thereafter, or from any person in whom such rights had vested under the law of a State or under a treaty or other arrangement between the United States and a foreign power, or otherwise, or from a grantee or successor in interest of a State or such person; or (b) which were owned by the United States at the time of the

admission of a State into the Union and which were expressly retained by the United States; or (c) which the United States lawfully holds under the law of the State in which the lands are situated; or (d) which are held by the United States in trust for the benefit of any person or persons, including any tribe, band, or group of Indians or for individual Indians.

Sec. 3. In the event of a controversy between the United States and a State as to whether or not lands are submerged lands beneath navigable inland waters, the Secretary is authorized, notwithstanding the provisions of subsections (a) and (c) of section 1 of this Act, 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 Act. 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 1 (a) (4) hereof. Upon the termination of such agreement or stipulation by reason of the final settlement or adjudi. cation of such controversy, if the lands subject to any mineral lease are determined to be in whole or in part submerged land of the Continental Shelf, the lessee, if he has not already done so, shall comply with the requirements of section 1 (a), and thereupon the provisions of section 1 (6) shall govern such lease. The following stipulations and authorizations are hereby approved and confirmed: (i) The stipulation entered into in the case of United States against California, between the Attorney General of the United States and the attorney general of California, dated July 26, 1947, relating to certain bays and harbors in the State of California; (ii) the stipulation entered into in the case of United States against State of California, between the Attorney General of the United States and the attorney general of California, dated July 26, 1947, relating to the continuance of oil and gas operations in the submerged lands within the boundaries of the state of California and herein referred to as the operating stipulation; (iii) the stipulation entered into in the case of United States against State of California, between the Attorney General of the United States and the attorney general of California, dated July 28, 1948, extending the term of said operating stipulation; (iv) the stipulation entered into in the case of United States against State of California, between the Attorney General of the United States and the attorney general of California, dated August 2, 1949, further extending

the term of said operating stipulation; (v) the stipulation entered into in the case of United States against State of California, between the Attorney General of the United States and the attor ney general of California, dated August 21, 1950, further extending and revising said operating stipulation; (vi) the stipulation entered into in the case of United States against State of California, between the Attorney General of the United States and the attorney general of California, dated September 4, 1951, further extending and revising and operating stipulation; (vii) the notice concerning "Oil and Gas Operations in the Submerged Coastal Lands of the Gulf of Mexico" issued by the Secretary of the Interior on December 11, 1950 (15 F. R. 8835), as amended by the notice dated January 26, 1951 (16 F. R. 953), and as supplemented by the notices dated February 2, 1951 (16 F. R. 1203), March 5, 1951 (16 F. R. 2195), April 23, 1951 (16 F. R. 3623)., June 25, 1951 (16 F. R. 6404), August 22, 1951 (16 F. R. 8720), October 24, 1951 (16 F. R. 10998), and December 21, 1951 (17 F. R. 43), respectively.

Sec. 4. (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 1 of this Act.

(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 percentum, and shall contain such rental provisions and such other terms and provisions as the Secretary may by 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 4 of this Act, or the refusal of the Secretary to certify that the United States does not claim any interest in any submerged lands pursuant to section 2 of this Act, shall not prejudice the ultimate settlement or adjudication of the question as to whether or not the area involved is submerged land beneath navigable inland waters.

Sec. 5. (a) Except as provided in subsection (b) of this section

(1) all moneys received under the provisions of this Act shall be held in a special account in the Treasury and shall be used exclusively as grants-in

aid of primary, secondary, and higher education as Congress may determine; and

(2) it shall be the duty of every State or political subdivision or grantee thereof having issued any mineral lease or grant, or leases or grants, covering submerged lands of the Continental Shelf to file with the Attorney General of the United States on OT before December 31, 1953, a statement of the moneys or other things of value received by such State or political subdivision or grantee from or on account of such lease or grant, or leases or grants, since January 1, 1940, and the Attorney General shall submit the statements so received to the Congress not later than February 1, 1954.

(b) The provisions of this section shall not apply to moneys received and held pursuant to any stipulation or agreement referred to in section 3 of this Act pending the settlement or adjudication of the controversy.

Sec. 6. (a) The President may, from time to time, withdraw from disposition any of the unleased 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 covered by this Act.

(c) All leases issued under this Act, and leases, the maintenance and operation of which are authorized under this Act, 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 of the President after the effective date of this Act, 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. 7. Nothing herein contained shall affect such rights, if any, as may have been acquired under any law of the United States by any person on lands subject to this Act and such rights, if any, shall be governed by the law in efect at the time they may have been acquired: Provided, however, That nothing herein contained is intended or shall be construed as a finding, intepretation, or construction by the Congress that the law under which such rights may be claimed in fact applies to the lands subject to this Act or authorizes or compels the granting of such rights of such lands, and that the determination of the applicability or effect of such law shall be unaffected by anything herein contained.

Sec. 8. The United States consents that the respective States may regulate, manage, and administer the taking, conservation, and development of all fish, shrimp, oysters, clams, crabs, lobsters, sponges, kelp, and other marine animai and plant life within the area of the sub

60

merged lands of the Continental Shelf lying within the seaward boundary of any State, in accordance with applicable State law.

Sec. 9. The United States hereby asserts that it has no right, title, or interest in or to the lands beneath navigable inland waters within the boundaries of the respective States, but that all such right, title, and interest are vested in the several States or the persons lawfully entitled thereto under the laws of such States, or the respective lawful grantees, lessees, or possessors in interest thereof under State authority.

Sec. 10. Section 9 of this Act shall not apply to rights of the United States in lands (1) which have been lawfully accrued by the United States from any State, either at the time of its admission into the Union or thereafter, or from any person in whom such rights had vested under the law of a State or under a treaty or other arrangement between the United States and a foreign power, or otherwise, or from a grantee or successor in interest of a State or such person; or (2) which were owned by the United States at the time of the admission of a State into the Union and which were expressly retained by the United States; or (3) which the United States lawfully holds under the law of the State in which the lands are situated; or (4) which are held by the United States in trust for the benefit of any person or persons, including any tribe, band, or group of Indians or for individual Indians. This Act shall not apply to waterpower, or to the use of water for the production of power, or to any right to develop waterpower which has been or may be expressly reserved by the Untied States for its own benefit or for the benefit of its licensees or permittees under any law of the United States.

Sec. 11. (a) Any right granted prior to the enactment of this Act by any State, prolitical subdivision thereof, municipality, agency, or person holding thereunder to construct, maintain, use, or occupy any dock, pier, wharf, jetty, or any other structure in submerged lands of the Continental Shelf, or any such right to the surface of filled-in, made, or reclaimed land in such areas, is hereby recognized and confirmed by the United States for such term as was granted prior to the enactment of this Act.

(b) The right, title, and interest of any State, political subdivision thereof, municipality, public agency, or person, holding thereunder to the surface of submerged lands of the Continental Shelf which in the future become filled-in, made, or reclaimed lands as a result of authorized action taken by any such State, political subdivision thereof, municipality, public agency, person, holding thereunder for public or private purpose is hereby recognized and confirmed by the United States.

Sec. 12. Nothing in section 11 of this Act shall be construed as confirming or recognizing any right with respect to oil, gas, or other minerals in submerged lands of the Continental Shelf; or as confirming or recognizing any interest in submerged lands of the Continental Shelf

other than that essential to the right to construct, maintain, use, and occupy the structures enumerated in that section, or to the use and occupancy of the surface of filled-in or reclaimed land.

Sec. 13. The structures enumerated in section 11, above, shall not be construed as including derricks, wells, or other installations in submerged lands of the Continental Shelf employed in the exploration, development, extraction, and production of oil and gas or other minerals, or as including necessary structures for the development of waterpower.

Sec. 14. Nothing contained in this Act shall be construed to repeal, limit, or afect in any way any provision of law relating to the national defense, the control of navigation, or the improvement, protection, and preservation of the navigable waters of the United States; or to repeal, limit, or afect any provision of law heretofore or hereafter enacted pursuant to the constitutional authority of Congress to regulate commerce with foreign nations and among the several States.

Sec. 15. Any person seeking the authorization of the United States to use or occupy any submerged lands of the Continental Shelf for the construction of, or additions to, installations of the type enumerated in section 11 of this Act, shall apply therefor to the Chief of Engineers, Department of the Army, who shall have authority to issue such authorization, upon such terms and conditions as in his discretion may seem appropriate.

Sec. 16. Within two years of the date of the enactment of this Act, the Chief of Engineers shall submit to the Congress his recommendations with respect to the use and occupancy of submerged lands of the Continental Shelf for installations of the type enumerated in section 11 of this Act.

Sec. 17. The Secretary is authorized to issue such regulations as he may deem to be necessary or advisable in performing his functions under this Act.

Sec. 18. When used in this Act, (a) the term "tidelandsmeans lands situated between the lines of mean high tide and mean low tide; (b) the term "navigable" means navigable at the time of the admission of a State into the Union under the laws of the United States; (c) the term inland waters" includes the waters of lakes (including Lakes Superior, Michigan, Huron, Erie, and Ontario to the extent that they are within the boundaries of a State of the United States), bays, rivers, ports, and harbors which are landward of the ocean; and lands beneath navigable inland waters include filled-in or reclaimed lands which formerly were within that category; (d) the term "submerged lands of the Continental Shelfmeans the lands (including the oil, gas, and other minerals therein) underlying the open ocean, situated seaward of the ordinary lowwater mark on the coast of the United States and outside the inland waters, and extending seaward to the outer edge of the Continental Shelf; (e) the term "seaward boundary of a State" means a line three nautical miles seaward from

the points on the coast of a State at which the submerged lands of the Continental Shelf begin; (f) the term mineral lease" means any form of authorization for the exploration, development, or production of oil, gas, or other minerals; and (g) the term Secretary" means the Secretary of the Interior.

It was determined in Yeas 30 the negative------ Nays

The yeas and nays having been heretofore ordered,

Senators who voted in the affirmative areAiken

Hennings Lehman Anderson Hill

Magnuson
Case

Humphrey Mansfield
Chavez
Hunt

Monroney
Cooper
Jackson

Morse
Douglas

Johnson, Colo. Murray
Fulbright Kefauver Neely
Gore

Kennedy Pastore
Green
Kilgore

Symington
Hayden Langer

Tobey Senators who voted in the negative areBarrett Gillette

Mundt Beall

Goldwater Payne Bennett

Griswold Potter Bricker

Hendrickson Purtell
Bridges

Hickenlooper Robertson
Bush
Hoey

Russell
Butler, Md. Holland

Saltonstall
Byrd
Ives

Schoeppel
Clements Jenner

Smathers Cordon

Johnson, Tex. Smith, Maine
Daniel

Johnston, S. C. Smith, N. J.
Dirksen
Kuchel

Smith, N.O.
Duff
Long

Sparkman
Dworshak Malone

Stennis
Eastland
Martin

Taft
Ellender Maybank Thye
Ferguson McCarran Watkins
Flanders McCarthy Welker
Frear

McClellan Wiley
George
Millikin

Williams So Mr. LEHMAN'S amendment was not agreed to.

The Senate resumed the consideration of the amendment heretofore proposed by Mr, KEFAUVER to the reported amendment, as amended, striking out on page 13, line 18, certain words and inserting in lieu thereof other words, and by striking out on page 15, line 20, certain words,

Pending debate,

Mr. MORSE raised a question as to the presence of a quorum;

Whereupon

The VICE PRESIDENT directed the roll to be called;

When

Ninety-one Senators answered to
their names, as follows:
Alken
Frear

Kennedy
Anderson Fulbright Kilgore
Barrett
George

Kuchel
Beall
Gillette

Langer
Bennett

Goldwater Lehman
Bricker
Gore

Long
Bridges
Green

Magnuson
Bush
Griswold

Malone
Butler, Md. Hayden

Mansfeld Byrd

Hendrickson Martin Case

Hennings Maybank
Chavez

Hickenlooper McCarran
Clements
Hill

McCarthy
Cooper
Hoey

McClellan
Cordon
Holland

Millikin
Daniel

Humphrey Monroney
Dirksen
Hunt

Morse
Douglas
Ives

Mundt
Duff
Jackson

Murray
Dworshak Jenner

Neely Eastland

Johnson, Colo. Pastore Ellender

Johnson, Tex. Payne Ferguson Johnston, S. C. Potter Flanders

Kefauver Purtell

[ocr errors]

Robertson Smith, N. C. Watkins
Russell

Sparkman Welker
Saltonstall Stennis

Wiley Schoeppel Symington Williams Smathers Taft

Young Smith, Maine

Thye Smith, N. J. Tobey

A quorum being present,

The amendment proposed by Mr. KEFAUVER was rejected.

The Senate resumed the consideration of the amendment heretofore proposed by Mr. KEFAUVER as a substitute for the part proposed to be inserted by the reported amendment, as amended; and

After debate,

The question being taken on agreeing to the amendment, viz, in lieu of the language proposed to be inserted by the reported amendment, as amended, insert the following: That for the purpose of assisting in making a proper and equitable settlement of problems and claims arising out of the recent decisions of the Supreme Court to the effect that the paramount right to the submerged lands (including the resources therein) of the coasts of the United States is in the Federal Government as against the coastal States (outside of the inland waters and harbors, the jurisdiction over which is recognized to be in the States) there is hereby established a temporary commission to be known as the Commission on Submerged Lands (hereinafter referred to as the "Commission), which shall be composed of nine members to be appointed by the President by and with the advice and consent of the Senate, three to be appointed to represent the general public, three to be appointed to represent the Federal Government, and three to be appointed to represent the coastal States and their interests. Of the three members appointed to represent the coastal States, one shall be a Tesident of the State of California, one a resident of the State of Louisiana, and one a resident of the State of Texas. Any vacancy in the Commission occurring after all the original appointments are made shall not affect the power of the remaining members to execute the functions of the Commission and shall be filled in the same manner as the original selection. The Commission shall select a chairman from among its members.

Sec. 2. It shall be the duty of the Commission to make a full and complete investigation and study for the purpose of determining (1) an economically sound and equitable program for the management by the United States of the resources in the submerged lands of the coasts of the United States and outside of the inland waters, and for the disposition of revenues from such resources, including a study of the feasibility of utilizing such revenues for improvement of the educational system and/or for a reduction of the national debt; (2) the amount of losses to private citizens, States, and communities resulting from a dependence on the belief that the coastal States have the paramount rights to such lands and the resources therein; (3) which of such losses should be com

pensated by the United States; (4) for the purpose of establishing boundaries and lines of jurisdiction between the States and Federal Government; (5) the effect of this legislation upon experimentation now being conducted under congressional Act to make potable water out of sea water; (6) the international effects of the extension of our boundaries and its effect upon treaties; (7) the effect on public power developments and flood control of the language in section 6 of S. J. Res. 13, granting the States "proprietary rights of ownership, or the rights of management, leasing, use, and development of the lands" under navigable waters; (8) the relationship of the proposed policy toward the seaward submerged lands and the policy toward public lands within the United States and possessions; (9) such other related matters as the Commission deems wise to report upon. The Commission shall complete its investigation and study and make a report of its findings and recommendations to the President and the Congress not later than six months after the date on which the last of the original appointments to the Commission is confirmed by the Senate.

Sec. 3. Members of the Commission who are appointed from private life shall receive compensation at the rate of $50 per diem when engaged in the performance of the duties of the Commission. Officers or employees of the Government who are appointed to the Commission shall not receive additional compensation for their work on the Commission; but all members of the Commission shall be reimbursed for travel, subsistence, and other necessary expenses incurred by them in the performance of their duties as such members. The Commission may appoint in accordance with the provisions of the civil-service laws and the Classification Act of 1949 such personnel as it deems necessary to carry out its duties.

Sec. 4. The Commission is authorized to secure directly from any executive department, bureau, agency, board mission, office, independent establishment, or instrumentality any information, suggestions, estimates, and statistics which the Commission shall deem necessary for the purposes of this joint resolution; and each such department, bureau, agency, board, commission, office, establishment, or instrumentality is authorized and directed to furnish such information, suggestions, estimates, and statistics directly to the Commission, upon request made by the Chairman. The Commission is also authorized to secure from any special master appointed by the Supreme Court, with the consent of the Court, any such information, suggestions, estimates, and statistics.

Sec. 5. There is hereby authorized to be appropriated, out of any money in the Treasury not otherwise appropriated, a sum, not exceeding $100,000, to carry out the provisions of this joint resolution.

It was determined in /Yeas.--- 32 the negative----- Nays.---- 59

On motion by Mr. KEFAUVER, The yeas and nays being desired by one-fifth of the Senators present,

Senators who voted in the affirmative areAiken

Hennings Mansfield
Anderson
Hill

Monroney
Chavez

Humphrey Morse
Cooper
Jackson

Murray
Douglas

Johnson, Colo. Neely
Ferguson Kefauver Pastore
Fulbright Kennedy Sparkman
Gillette
Kilgore

Symington
Gore
Langer

Tobey
Green
Lehman

Wiley
Hayden

Magnuson
Senators who voted in the negative
are-
Barrett

Goldwater Mundt
Beall
Griswold

Payne
Bennett

Hendrickson Potter
Bricker

Hickenlooper Purtell
Bridges
Hoey

Robertson
Bush
Holland

Russell
Butler, Md.
Hunt

Saltonstall
Byrd
Ives

Schoeppel
Case
Jenner

Smathers
Clements Johnson, Tex. Smith, Maine
Cordon

Johnston, S. C. Smith, NJ.
Daniel
Kuchel

Smith, N. C.
Dirksen
Long

Stennis
Duff
Malone

Taft
Dworshak Martin

Thye Eastland

Maybank Watkins Ellender

McCarran Welker Flanders

McCarthy Williams Frear

McClellan Young George

Millikin So Mr. KEFAUVER'S amendment was not agreed to.

On motion by Mr. MAGNUSON to further amend the reported amendment by striking out all on line 5, page 10, down to and including line 12, on page 11, and inserting in lieu thereof other words, and by striking out all after the word "line" on page 17, line 12, down to and including line 18,

Ordered, That the amendments be considered en bloc.

Pending debate,

Mr. MAGNUSON raised a question as to the presence of a quorum;

Whereupon

The VICE PRESIDENT directed the roll to be called;

When

Ninety-one Senators answered to their names, as follows: Aiken Griswold

Millikin Anderson Hayden

Monroney Barrett

Hendrickson Morse Beall

Hennings Mundt
Bennett

Hickenlooper Murray
Bricker
Hill

Neely
Bridges
Hoey

Pastore
Bush
Holland

Payne
Butler, Md. Humphrey Potter
Byrd
Hunt

Purtell
Case
Ives

Robertson
Chavez
Jackson

Russell
Clements
Jenner

Saltonstall
Cooper

Johnson, Colo. Schoeppel Cordon

Johnson, Tex. Smathers Daniel

Johnston, S.C. Smith, Maine Dirksen

Kefauver Smith, N. J.
Douglas

Kennedy Smith, N. C.
Duff
Kilgore

Sparkman
Dworshak Knowland Stennis
Eastland
Kuchel

Symington
Ellender
Langer

Taft
Ferguson Lehman

Thye
Flanders
Long

Tobey
Frear

Magnuson Watkins
Fulbright Mansfield Welker
George
Martin

Wiley
Gillette

Maybank Williams Goldwater McCarran Young Gore

McCarthy
Green

McClellan
A quorum being present,

com

Mr. MAGNUSON modified his pro of the production saved, removed, or posed amendments; and

sold from the lease: Provided, however, The question being taken on agreeing That if the lease provides for a lesser to the amendments,

royalty, the holder thereof may bring It was determined in the negative. it within the provisions of this para

On motion by Mr. NEELY to further graph by consenting in writing, filed amend the reported amendment by in with the Secretary, to the increase of serting in lieu of the part proposed to the royalty to the minimum herein be inserted the following:

specified; That (a) the provisions of this section (9) That such lease will terminate shall apply to all mineral leases covering within a period of not more than five submerged lands of the Continental Shelf years from the effective date of this issued by any State or political subdivi joint resolution in the absence of prosion or grantee thereof (including any duction or operations for drilling: Proextension, renewal, or replacement there vided, however, that if the lease proof heretofore granted pursuant to such vides for a longer period, the holder lease or under the laws of such State): thereof may bring it within the proProvided

visions of this paragraph by consenting (1) That such lease, or a true copy in writing, filed with the Secretary, to thereof, shall have been filed with the the reduction of such period, so that it Secretary by the lessee or his duly au will not exceed the maximum period thorized agent within ninety days from herein specified; and the effective date of this joint resolu

(10) That the holder of such lease tion, or within such further period or furnishes such surety bond, if any, as periods as may be fired from time to the Secretary may require and comtime by the Secretary;

plies with such other requirements as (2) That such lease was issued (i) the Secretary may deem to be reasonprior to December 21, 1948, and was on able and necessary to protect the interJune 5, 1950, in force and effect in ac ests of the United States. cordance with its terms and provisions (b) Any person holding a mineral and the law of the State issuing it, or lease which comes within the provisions (ii) with the approval of the Secretary of subsection (a) of this section, as deand was on the effective date of this termined by the Secretary, may continue joint resolution in force and effect in to maintain such lease, and may conduct accordance with its terms and provi operations thereunder, in accordance sions and the law of the State issu with its provisions for the full term ing it;

thereof and of any extension, renewal or (3) That within the time specified replacement authorized therein or herein paragraph (1) of this subsection tofore authorized by the law of the State there shall have been filed with the issuing such lease: Provided, however, Secretary (i) a certificate issued by the That if oil or gas was not being produced State official or agency having juris from such lease on or before December diction and stating that the lease was 11, 1950, then for a term from the effecin force and effect as required by the tive date hereof equal to the term reprovisions of paragraph (2) of this maining unexpired on December 11, 1950, subsection or (ii) in the absence of under the provisions of such lease or any such certificate, evidence in the form extensions, renewals, or replacements auof affidavits, receipts, canceled checks, thorized therein, or heretofore authoror other documents, and the Secretary ized by the laws of the State issuing, or shall determine whether such lease was whose grantee issued, such lease. A negso in force and effect;

ative determination under this subsec(4) That except as otherwise pro tion may be made by the Secretary only vided in section 3 hereof, all rents, after giving to the holder of the lease royalties, and other sums payable un notice and an opportunity to be heard. der such a lease between June 5, 1950, (c) With respect to any mineral lease and the effective date of this joint reso that is within the scope of subsection (a) lution, which have not been paid in of this section, the Secretary shall exeraccordance with the provisions thereof, cise such powers of supervision and conand all rents, royalties, and other sums trol as may be vested in the lessor by law payable under such a lease after the or the terms and provisions of the lease. effective date of this joint resolution (d) The permission granted in subshall be paid to the Secretary, who section (b) of this section shall not be shall deposit them in a special fund in construed to be a waiver of such claims, the Treasury to be disposed of as here if any, as the United States may have inafter provided;

against the lessor or the lessee or any (5) That the holder of such lease other person respecting sums payable or certifies that such lease shall continue paid for or under the lease, or respecting to be subject to the overriding royalty activities conducted under the lease, prior obligations existing on the effective to the effective date of this joint resoludate of this joint resolution;

tion. (6) That such lease was not ob

SEC. 2. The Secretary is authorized, tained by fraud or misrepresentation; with the approval of the Attorney Gen

(7) That such lease, if issued on or eral of the United States and upon the after June 23, 1947, was issued upon application of any lessor or lessee of a the basis of competitive bidding; mineral lease issued by or under the au

(8) That such lease provides for a thority of a State, its political subdiviroyalty to the lessor of not less than sion or grantee, on tidelands or sub1212 per centum in amount or value merged lands beneath navigable inland

waters within the boundaries of such State, to certify that the United States does not claim any proprietary interest in such lands or in the mineral deposits within them. The authority granted in this section shall not apply to rights of the United States in lands (a) which have been lawfully acquired by the United States from any State, either at the time of its admission into the Union or thereafter, or from any person in whom such rights had vested under the law of a State or under a treaty or other arrangement between the United States and a foreign power, or otherwise, or from a grantee or successor in interest of a State or such person; or (b) which were owned by the United States at the time of the admission of a State into the Union and which were expressly retained by the United States; or (c) which the United States lawfully holds under the law of the State in which the lands are situated; or (d) which are held by the United States in trust for the benefit of any person or persons, including any tribe, band, or group of Indians or for individual Indians.

Sec. 3. In the event of a controversy between the United States and a State as to whether or not lands are submerged lands beneath navigable inland waters, the Secretary is authorized, notwithstanding the provisions of subsections (a) and (c) of section 1 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 issu

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 1 (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 land of the Continental Shelf, the lessee, if he has not already done so, shall comply with the requirements of section 1 (a), and thereupon the provisions of section 1 (b) shall govern such lease. The following stipulations and authorizations are hereby approved and confirmed: (i) The stipulation entered into in the case of United States against State of California, between the Attorney General of the United States and the Attorney General of California, dated July 26, 1947, relating to certain bays and harbors in the State of California; (ii) the stipulation entered into in the case of United States against State

ance

« PreviousContinue »