Tidelands
Encyclopedia
Tidelands are the territory between the high and low water tide
line of sea coast
s, and lands lying under the sea beyond the low-water limit of the tide, considered within the territorial waters
of a nation. The United States Constitution
does not specify whether ownership of these lands rests with the federal government
or with individual states. Originally little commercial value was attached to tidelands, so ownership was never firmly established, but the coastal states generally proceeded as if they were the owners. Some states, such as Mississippi
, directly administer these lands under the public trust doctrine
.
The question arose for federal nations whether the tidelands for formerly-independent coastal states had been ceded to the federal union on admission, or retained. The admission of the former Republic of Texas
as a state in the United States
in 1845 stipulated that its tidelands remained the territory of Texas
. This has been an issue for oil
and natural gas
leases and federally-funded development that affects such tidelands.
For other states that were formerly independent, such as the Thirteen Colonies
, there was no explicit retention of state sovereignty
and the federal government had long asserted its own sovereignty over their tidelands.
began production in 1938 in shallow water one mile (1.6 km) off the Louisiana
coast; in 1947, a second well began to operate off the coast of Terrebonne Parish
, also in Louisiana.
United States v. California, 332 U.S. 19 , was filed by the Federal government against California
in 1946. On June 23, 1947, the Supreme Court of the United States
decided against California. The decision meant the loss of untold millions of dollars in taxes and leasing fees by the states. The states whose tidelands were suspected of containing mineral
s objected strongly to the decision.
The issue became important in the 1952 presidential campaign
. The Republican candidate, Dwight D. Eisenhower
, pledged legislation that would restore the tidelands to the states. Eisenhower won the election, and, in 1953, Congress passed two acts that fulfilled his campaign promise. The Submerged Lands Act
extended state ownership to three geographical miles
(almost exactly 3 nautical miles or 5.6 km) from their actual coastline, or further if a state could establish the existence of a boundary in judicial proceedings. The Outer Continental Shelf Lands Act gave the United States paramount rights from the point where state ownership leaves off to the point where international waters begin.
The 1953 acts did not end all controversy, however. The Submerged Lands Act, in particular, was so badly drawn up that state taxes and leasing fees had to be put in escrow
, pending final resolution of the numerous lawsuits that emerged. The Supreme Court finally decided the issue on May 31, 1960, when it ruled that Mississippi, Alabama
, and Louisiana
owned the rights to the offshore lands for a distance of three geographical miles (3 nautical miles or 5.6 km), and Texas and Florida owned rights to tidelands within three marine leagues (9 nautical miles or 16.7 km), from their coastline boundaries (United States v. States of Louisiana, Texas, Mississippi, Alabama, and Florida). In the case of Texas, the claim to special boundary limits had been recognized by Congress in the Treaty of Guadalupe Hidalgo
of 1848, which ended the Mexican–American War
. The ruling for Florida was based on congressional approval of Florida's claims when the state re-entered the Union after the American Civil War
.
Although the other Gulf states
objected to what they considered preferential treatment for Florida
and Texas
, no new legislation resulted. In 1963, the United States Department of Justice
settled the last of the tidelands controversies by ruling that the 1953 act gave control to the states of islands near the shore that were created after the states had been admitted to the Union.
Tide
Tides are the rise and fall of sea levels caused by the combined effects of the gravitational forces exerted by the moon and the sun and the rotation of the Earth....
line of sea coast
Coast
A coastline or seashore is the area where land meets the sea or ocean. A precise line that can be called a coastline cannot be determined due to the dynamic nature of tides. The term "coastal zone" can be used instead, which is a spatial zone where interaction of the sea and land processes occurs...
s, and lands lying under the sea beyond the low-water limit of the tide, considered within the territorial waters
Territorial waters
Territorial waters, or a territorial sea, as defined by the 1982 United Nations Convention on the Law of the Sea, is a belt of coastal waters extending at most from the baseline of a coastal state...
of a nation. The United States Constitution
United States Constitution
The Constitution of the United States is the supreme law of the United States of America. It is the framework for the organization of the United States government and for the relationship of the federal government with the states, citizens, and all people within the United States.The first three...
does not specify whether ownership of these lands rests with the federal government
Federal government of the United States
The federal government of the United States is the national government of the constitutional republic of fifty states that is the United States of America. The federal government comprises three distinct branches of government: a legislative, an executive and a judiciary. These branches and...
or with individual states. Originally little commercial value was attached to tidelands, so ownership was never firmly established, but the coastal states generally proceeded as if they were the owners. Some states, such as Mississippi
Mississippi
Mississippi is a U.S. state located in the Southern United States. Jackson is the state capital and largest city. The name of the state derives from the Mississippi River, which flows along its western boundary, whose name comes from the Ojibwe word misi-ziibi...
, directly administer these lands under the public trust doctrine
Public trust doctrine
The public trust doctrine is the principle that certain resources are preserved for public use, and that the government is required to maintain them for the public's reasonable use.-Origins:...
.
The question arose for federal nations whether the tidelands for formerly-independent coastal states had been ceded to the federal union on admission, or retained. The admission of the former Republic of Texas
Republic of Texas
The Republic of Texas was an independent nation in North America, bordering the United States and Mexico, that existed from 1836 to 1846.Formed as a break-away republic from Mexico by the Texas Revolution, the state claimed borders that encompassed an area that included all of the present U.S...
as a state in the United States
United States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...
in 1845 stipulated that its tidelands remained the territory of Texas
Texas
Texas is the second largest U.S. state by both area and population, and the largest state by area in the contiguous United States.The name, based on the Caddo word "Tejas" meaning "friends" or "allies", was applied by the Spanish to the Caddo themselves and to the region of their settlement in...
. This has been an issue for oil
Oil
An oil is any substance that is liquid at ambient temperatures and does not mix with water but may mix with other oils and organic solvents. This general definition includes vegetable oils, volatile essential oils, petrochemical oils, and synthetic oils....
and natural gas
Natural gas
Natural gas is a naturally occurring gas mixture consisting primarily of methane, typically with 0–20% higher hydrocarbons . It is found associated with other hydrocarbon fuel, in coal beds, as methane clathrates, and is an important fuel source and a major feedstock for fertilizers.Most natural...
leases and federally-funded development that affects such tidelands.
For other states that were formerly independent, such as the Thirteen Colonies
Thirteen Colonies
The Thirteen Colonies were English and later British colonies established on the Atlantic coast of North America between 1607 and 1733. They declared their independence in the American Revolution and formed the United States of America...
, there was no explicit retention of state sovereignty
States' rights
States' rights in U.S. politics refers to political powers reserved for the U.S. state governments rather than the federal government. It is often considered a loaded term because of its use in opposition to federally mandated racial desegregation...
and the federal government had long asserted its own sovereignty over their tidelands.
20th century incidentals
The value of tidelands increased when it became known that vast oil and natural gas deposits lay within their limits and that modern technology made retrieval of these minerals commercially profitable. The first offshore oil well in the Gulf of MexicoGulf of Mexico
The Gulf of Mexico is a partially landlocked ocean basin largely surrounded by the North American continent and the island of Cuba. It is bounded on the northeast, north and northwest by the Gulf Coast of the United States, on the southwest and south by Mexico, and on the southeast by Cuba. In...
began production in 1938 in shallow water one mile (1.6 km) off the Louisiana
Louisiana
Louisiana is a state located in the southern region of the United States of America. Its capital is Baton Rouge and largest city is New Orleans. Louisiana is the only state in the U.S. with political subdivisions termed parishes, which are local governments equivalent to counties...
coast; in 1947, a second well began to operate off the coast of Terrebonne Parish
Terrebonne Parish, Louisiana
Terrebonne Parish is a parish located in the U.S. state of Louisiana. The parish seat is Houma. Its population was 111,860...
, also in Louisiana.
United States v. California, 332 U.S. 19 , was filed by the Federal government against California
California
California is a state located on the West Coast of the United States. It is by far the most populous U.S. state, and the third-largest by land area...
in 1946. On June 23, 1947, the Supreme Court of the United States
Supreme Court of the United States
The Supreme Court of the United States is the highest court in the United States. It has ultimate appellate jurisdiction over all state and federal courts, and original jurisdiction over a small range of cases...
decided against California. The decision meant the loss of untold millions of dollars in taxes and leasing fees by the states. The states whose tidelands were suspected of containing mineral
Mineral
A mineral is a naturally occurring solid chemical substance formed through biogeochemical processes, having characteristic chemical composition, highly ordered atomic structure, and specific physical properties. By comparison, a rock is an aggregate of minerals and/or mineraloids and does not...
s objected strongly to the decision.
The issue became important in the 1952 presidential campaign
United States presidential election, 1952
The United States presidential election of 1952 took place in an era when Cold War tension between the United States and the Soviet Union was escalating rapidly. In the United States Senate, Republican Senator Joseph McCarthy of Wisconsin had become a national figure after chairing congressional...
. The Republican candidate, Dwight D. Eisenhower
Dwight D. Eisenhower
Dwight David "Ike" Eisenhower was the 34th President of the United States, from 1953 until 1961. He was a five-star general in the United States Army...
, pledged legislation that would restore the tidelands to the states. Eisenhower won the election, and, in 1953, Congress passed two acts that fulfilled his campaign promise. The Submerged Lands Act
Submerged Lands Act
The Submerged Lands Act of 1953 is a U.S. federal law that grants states title to all submerged navigable lands within their boundaries. This includes navigable water ways, such as rivers, as well as marine waters within the state's boundaries—generally three geographical miles from the coastline....
extended state ownership to three geographical miles
Geographical mile
The geographical mile is a unit of length determined by 1 minute of arc along the Earth's equator. For the 1924 International Spheroid this equalled 1855.4 metres...
(almost exactly 3 nautical miles or 5.6 km) from their actual coastline, or further if a state could establish the existence of a boundary in judicial proceedings. The Outer Continental Shelf Lands Act gave the United States paramount rights from the point where state ownership leaves off to the point where international waters begin.
The 1953 acts did not end all controversy, however. The Submerged Lands Act, in particular, was so badly drawn up that state taxes and leasing fees had to be put in escrow
Escrow
An escrow is:* an arrangement made under contractual provisions between transacting parties, whereby an independent trusted third party receives and disburses money and/or documents for the transacting parties, with the timing of such disbursement by the third party dependent on the fulfillment of...
, pending final resolution of the numerous lawsuits that emerged. The Supreme Court finally decided the issue on May 31, 1960, when it ruled that Mississippi, Alabama
Alabama
Alabama is a state located in the southeastern region of the United States. It is bordered by Tennessee to the north, Georgia to the east, Florida and the Gulf of Mexico to the south, and Mississippi to the west. Alabama ranks 30th in total land area and ranks second in the size of its inland...
, and Louisiana
Louisiana
Louisiana is a state located in the southern region of the United States of America. Its capital is Baton Rouge and largest city is New Orleans. Louisiana is the only state in the U.S. with political subdivisions termed parishes, which are local governments equivalent to counties...
owned the rights to the offshore lands for a distance of three geographical miles (3 nautical miles or 5.6 km), and Texas and Florida owned rights to tidelands within three marine leagues (9 nautical miles or 16.7 km), from their coastline boundaries (United States v. States of Louisiana, Texas, Mississippi, Alabama, and Florida). In the case of Texas, the claim to special boundary limits had been recognized by Congress in the Treaty of Guadalupe Hidalgo
Treaty of Guadalupe Hidalgo
The Treaty of Guadalupe Hidalgo is the peace treaty, largely dictated by the United States to the interim government of a militarily occupied Mexico City, that ended the Mexican-American War on February 2, 1848...
of 1848, which ended the Mexican–American War
Mexican–American War
The Mexican–American War, also known as the First American Intervention, the Mexican War, or the U.S.–Mexican War, was an armed conflict between the United States and Mexico from 1846 to 1848 in the wake of the 1845 U.S...
. The ruling for Florida was based on congressional approval of Florida's claims when the state re-entered the Union after the American Civil War
American Civil War
The American Civil War was a civil war fought in the United States of America. In response to the election of Abraham Lincoln as President of the United States, 11 southern slave states declared their secession from the United States and formed the Confederate States of America ; the other 25...
.
Although the other Gulf states
Gulf Coast of the United States
The Gulf Coast of the United States, sometimes referred to as the Gulf South, South Coast, or 3rd Coast, comprises the coasts of American states that are on the Gulf of Mexico, which includes Texas, Louisiana, Mississippi, Alabama, and Florida and are known as the Gulf States...
objected to what they considered preferential treatment for Florida
Florida
Florida is a state in the southeastern United States, located on the nation's Atlantic and Gulf coasts. It is bordered to the west by the Gulf of Mexico, to the north by Alabama and Georgia and to the east by the Atlantic Ocean. With a population of 18,801,310 as measured by the 2010 census, it...
and Texas
Texas
Texas is the second largest U.S. state by both area and population, and the largest state by area in the contiguous United States.The name, based on the Caddo word "Tejas" meaning "friends" or "allies", was applied by the Spanish to the Caddo themselves and to the region of their settlement in...
, no new legislation resulted. In 1963, the United States Department of Justice
United States Department of Justice
The United States Department of Justice , is the United States federal executive department responsible for the enforcement of the law and administration of justice, equivalent to the justice or interior ministries of other countries.The Department is led by the Attorney General, who is nominated...
settled the last of the tidelands controversies by ruling that the 1953 act gave control to the states of islands near the shore that were created after the states had been admitted to the Union.
See also
- Equal footingEqual footingEqual footing is a constitutional law doctrine upon which States admitted to the United States are given the same legal rights as the preexisting states...
- Outer Continental ShelfOuter Continental ShelfThe Outer Continental Shelf is a peculiarity of the political geography of the United States and is the part of the internationally recognized continental shelf of the United States which does not fall under the jurisdictions of the individual U.S...
- Riparian zoneRiparian zoneA riparian zone or riparian area is the interface between land and a river or stream. Riparian is also the proper nomenclature for one of the fifteen terrestrial biomes of the earth. Plant habitats and communities along the river margins and banks are called riparian vegetation, characterized by...
- Submerged Lands ActSubmerged Lands ActThe Submerged Lands Act of 1953 is a U.S. federal law that grants states title to all submerged navigable lands within their boundaries. This includes navigable water ways, such as rivers, as well as marine waters within the state's boundaries—generally three geographical miles from the coastline....
Sources
- Bartly, Ernest R. The Tidelands Oil Controversy: A Legal and Historical Analysis. Austin: University of Texas Press, 1953.
- Galloway, Thomas D., ed. The Newest Federalism: A New Framework for Coastal Issues. Wakefield, R.I.: Times Press, 1982.
- Marshall, Hubert R., and Betty Zisk. The Federal-State Struggle for Offshore Oil. Indianapolis, Ind.: Published for the Inter-university Case Program by Bobbs-Merrill, 1966.