U.S. Code » Title 43 » Chapter CHAPTER 29— SUBMERGED LANDS › Subchapter SUBCHAPTER II— LANDS BENEATH NAVIGABLE WATERS WITHIN STATE BOUNDARIES

43 U.S.C. § 1314

Rights and powers retained by United States; purchase of natural resources; condemnation of lands

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(a) The United States retains all its navigational servitude and rights in and powers of regulation and control of said lands and navigable waters for the constitutional purposes of commerce, navigation, national defense, and international affairs, all of which shall be paramount to, but shall not be deemed to include, proprietary rights of ownership, or the rights of management, administration, leasing, use, and development of the lands and natural resources which are specifically recognized, confirmed, established, and vested in and assigned to the respective States and others by section 1311 of this title.(b) In time of war or when necessary for national defense, and the Congress or the President shall so prescribe, the United States shall have the right of first refusal to purchase at the prevailing market price, all or any portion of the said natural resources, or to acquire and use any portion of said lands by proceeding in accordance with due process of law and paying just compensation therefor.(May 22, 1953, ch. 65, title II, § 6, 67 Stat. 32.)
Notes of Decisions
Cited in 20 cases, 1959–2019 · leading case: Douglas v. Seacoast Prods., Inc., 431 U.S. 265 (1977).
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Douglas v. Seacoast Prods., Inc., 431 U.S. 265 (1977). · cites it 4× “1, 10 (1960); see 43 U. S. C. § 1314 (a). Since the grant of the fisheries license is made pursuant to the commerce power, see supra, at 281-282; Wiggins Ferry Co.”
United States v. California, 436 U.S. 32 (1978). · cites it 4× “32 , 43 U. S. C. § 1314 (a), the States "(1) title to and ownership of the lands beneath navigable waters within the boundaries of the respective States, and the natural resources within such lands and waters, and (2) the right and power to manage, administer, lease, develop,…”
John Sturgeon v. Sue Masica, 872 F.3d 927 (9th Cir. 2017). · cites it 4× “” 43 U.S.C. § 1314 (a). We have held that the navigational servitude “is not ‘public land’ within the meaning of ANILCA” because “the United States does not hold title to the .”
Sturgeon v. Frost, 587 U.S. 28 (2019). “2d 329 (1967) ("This power to regulate navigation confers upon the United States a 'dominant servitude' "); 43 U.S.C. § 1314 (providing that the United States retains the navigational servitude in navigable waters).”
Alaska v. United States, 545 U.S. 75 (2005). · cites it 2× “, 43 U. S. C. § 1314 (a) (under the Submerged Lands Act, the United States retains "powers of regulation and control of .”
Weaver's Cove Energy, LLC v. Rhode Island Coastal Resources Mgmt. Council, 589 F.3d 458 (1st Cir. 2009). “The argument misreads the district court's holding and is irrelevant.”
United States v. Louisiana, 363 U.S. 1 (1960). “for purposes of commerce, navigation, national defense, and international affairs, reserves to the United States all constitutional powers of regulation and control over the areas within which the proprietary interests of the States are recognized (§ 6 (a), 43 U. S. C. § 1314 );…”
Totemoff v. State, 905 P.2d 954 (Alaska 1995). “43 U.S.C. § 1314 (a) (emphasis added). Under this statute, the navigational servitude and other federal rights in navigable waters cannot give the federal government ownership of navigable waters or management rights over fish and animals in navigable waters, as those rights are…”
United States v. Rands, 389 U.S. 121 (1967). “32 , 43 U. S. C. § 1314 . 5 67 Stat. 31 , 43 U.”
Pac. Merch. Shipping Ass'n v. Goldstene, 639 F.3d 1154 (9th Cir. 2011). “, 43 U.S.C. § 1314 ; Barber, 42 F.3d at 1190-91 (discussing 43 U.”
State of Alaska v. Bruce Babbitt, Sec'y of the Interior, Katie John v. United States of Am., 72 F.3d 698 (9th Cir. 1995). “43 U.S.C. § 1314 (a) (“The United States retains all its .”
United States v. Stoeco Homes, Inc., a Corp., 498 F.2d 597 (3rd Cir. 1974). “The latter section reserves from the grant in § 3 the federal government’s “navigational servitude and rights in and powers of regulation and control of said lands and navigable waters for the constitutional purposes of commerce, navigation, national defense, and international…”
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