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Tidelands are the territory between the
tide Tides are the rise and fall of sea levels caused by the combined effects of the gravity, gravitational forces exerted by the Moon (and to a much lesser extent, the Sun) and are also caused by the Earth and Moon orbiting one another. Tide t ...
line of sea
coast The coast, also known as the coastline or seashore, is defined as the area where land meets the ocean, or as a line that forms the boundary between the land and the coastline. The Earth has around of coastline. Coasts are important zones in n ...
s, and lands lying under the sea beyond the low-water limit of the tide, considered within the
territorial waters The term territorial waters is sometimes used informally to refer to any area of water over which a sovereign state has jurisdiction, including internal waters, the territorial sea, the contiguous zone, the exclusive economic zone, and potenti ...
of a nation. The
United States Constitution The Constitution of the United States is the Supremacy Clause, supreme law of the United States, United States of America. It superseded the Articles of Confederation, the nation's first constitution, in 1789. Originally comprising seven ar ...
does not specify whether ownership of these lands rests with the
federal government A federation (also known as a federal state) is a political entity characterized by a union of partially self-governing provinces, states, or other regions under a central federal government (federalism). In a federation, the self-governin ...
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 () is a state in the Southeastern region of the United States, bordered to the north by Tennessee; to the east by Alabama; to the south by the Gulf of Mexico; to the southwest by Louisiana; and to the northwest by Arkansas. Miss ...
, directly administer these lands under the
public trust doctrine The public trust doctrine is the principle that the sovereign holds in trust for public use some Natural resource, resources such as shoreline between the high and low tide lines, regardless of private property ownership. Origins The Roman law, ...
. 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 The Republic of Texas ( es, República de Tejas) was a sovereign state in North America that existed from March 2, 1836, to February 19, 1846, that bordered Mexico, the Republic of the Rio Grande in 1840 (another breakaway republic from Mex ...
as a state in the
United States The United States of America (U.S.A. or USA), commonly known as the United States (U.S. or US) or America, is a country primarily located in North America. It consists of 50 states, a federal district, five major unincorporated territorie ...
in 1845 stipulated that its tidelands remained the territory of
Texas Texas (, ; Spanish language, Spanish: ''Texas'', ''Tejas'') is a state in the South Central United States, South Central region of the United States. At 268,596 square miles (695,662 km2), and with more than 29.1 million residents in 2 ...
. This has been an issue for
oil An oil is any nonpolar chemical substance that is composed primarily of hydrocarbons and is hydrophobic (does not mix with water) & lipophilic (mixes with other oils). Oils are usually flammable and surface active. Most oils are unsaturated ...
and
natural gas Natural gas (also called fossil gas or simply gas) is a naturally occurring mixture of gaseous hydrocarbons consisting primarily of methane in addition to various smaller amounts of other higher alkanes. Low levels of trace gases like carbo ...
leases and federally funded development that affects such tidelands. For other states that were formerly independent, such as the
Thirteen Colonies The Thirteen Colonies, also known as the Thirteen British Colonies, the Thirteen American Colonies, or later as the United Colonies, were a group of Kingdom of Great Britain, British Colony, colonies on the Atlantic coast of North America. Fo ...
, there was no explicit retention of
state sovereignty Westphalian sovereignty, or state sovereignty, is a principle in international law that each state has exclusive sovereignty over its territory. The principle underlies the modern international system of sovereign states and is enshrined in the ...
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 Mexico The Gulf of Mexico ( es, Golfo de México) is an oceanic basin, ocean basin and a marginal sea of the Atlantic Ocean, largely surrounded by the North American continent. It is bounded on the northeast, north and northwest by the Gulf Coast of ...
began production in 1938 in shallow water one mile (1.6 km) off the
Louisiana Louisiana , group=pronunciation (French: ''La Louisiane'') is a state in the Deep South and South Central regions of the United States. It is the 20th-smallest by area and the 25th most populous of the 50 U.S. states. Louisiana is borde ...
coast; in 1947, a second well began to operate off the coast of
Terrebonne Parish Terrebonne Parish ( ; French: ''Paroisse de Terrebonne'') is a parish located in the southern part of the U.S. state of Louisiana. At the 2010 census, the population was 111,860, and 110,461 in 2019. In 2020, its population declined to 109,58 ...
, also in Louisiana. ''United States v. California'' was filed by the Federal government against
California California is a U.S. state, state in the Western United States, located along the West Coast of the United States, Pacific Coast. With nearly 39.2million residents across a total area of approximately , it is the List of states and territori ...
in 1946. On 23 June 1947, the
Supreme Court of the United States The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States. It has ultimate appellate jurisdiction over all U.S. federal court cases, and over state court cases that involve a point o ...
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 thought to contain
mineral In geology and mineralogy, a mineral or mineral species is, broadly speaking, a solid chemical compound with a fairly well-defined chemical composition and a specific crystal structure that occurs naturally in pure form.John P. Rafferty, ed. ( ...
s objected strongly to the decision. The issue became important in the 1952 presidential campaign. The Republican candidate,
Dwight D. Eisenhower Dwight David "Ike" Eisenhower (born David Dwight Eisenhower; ; October 14, 1890 – March 28, 1969) was an American military officer and statesman who served as the 34th president of the United States from 1953 to 1961. During World War II, ...
, 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 The Submerged Lands Act of 1953 is a U.S. federal law that recognized the title of the states to submerged navigable lands within their boundaries at the time they entered the Union. They include navigable waterways, such as rivers, as well as ma ...
extended state ownership to three geographical miles (almost exactly ) 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 {{Short pages monitor