Memorandum — UNITED STATES v. LOUISIANA (No. 0026-74)

Supreme Court brief1955

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INDEX

II. The three-league limitation of the Submerged

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CITATIONS

Nases :

United States vy. California, 381 U.S. 139_..-------

United States v. California, 382 U.S. 448_--.--------

United States y. Florida, 363 U.S. 121--------------

United States v. Louisiana, 363 U.S, 1--------------

United States v. Louisiana, 364 U.S. 502_-----------

United States vy. Louisiana, 382 U.S. 288_-----------

United States v. Louisiana, 389 U.S. 155_-------- 22,

Statutes and treaties:

Convention of April 25, 1838, between the United

States and the Republic of Texas, 8 Stat. 511_------

Convention on the Continental Shelf, 15 U.S.T. (Pt.

Convention on the Territorial Sea and the Contiguous

Zone, Article 6, 15 U.S.T. (Pt. 2) 1609..........

Treaty of January 12, 1828, between the United States

Act of July 5, 1848, 9 Stat. 245..........-.........-

Louisiana Admission Act of April 8, 1812, 2 Stat. 701-

Louisiana Enabling Act of February 20, 1811, 2 Stat.

OFF (eeecnSee asap naan eee ere anne is

Outer Continental Shelf Lands Act, 67 Stat. 462, 48

BD ER c.> ee OA in witch eninshincei deabiaeeiaeina aah ltetensas

Submerged Lands Act, 67 Stat. 29, 48 U.S.C. 1301-

BGO, cc cer ae ee none eee Same ae

312-855—68——-1

12

Il

Statutes and treaties—-Continued

Submerged Lands Act—Continued Pay

I a os cc ccunne 18, 23,9

§2(a), 43 U.S.C. 1301(a)--------------------- 23,2

eo ee Pk ee) | ) 13, 17, 24,9

$9ic). 48 USC. 1801(c)....-..--------- 1,2, 8, 24,4

ee I op ut einmeen 18, 2

ene RR eee

LR I ae ame 8, 12,5

Act of December 19, 1836, 1 Laws Rep. Tex. 133_ 13,1

Act of November 24, 1849, Laws, Third Texas

Rs OB, Wi Bas on ence eee ne wn ;

Miscellaneous :

> tee, Bee. 4116-4118... 2... inne sess

Mitchell and Simmons, The State Coordinate Systems

(Dept. of Commerce Spee. Pub. No. 235, 1957)---- |

1 Shalowitz, Shore and Sea Boundaries (1962) -----

EST OR, sR EID hs

OPY BOUND CLOSE IN CENTER

O 3

Jn the Supreme Court of the United States

OcTOBER TERM, 1968

No. 9, ORIGINAL

UNITED STATES OF AMERICA, PLAINTIFF

v.

STATE OF LOUISIANA, ET AL,

PROPOSED SUPPLEMENTAL DECREE

For the purpose of giving effect to the conclusions

f this Court as stated in its opinion announced De-

ember 4, 1967, supplementing the decree entered

erein on December 12, 1960, it is ordered, adjudged

nd decreed as follows:

1. As against the State of Texas, the United States

sentitled to—

(a) All the lands, minerals and other natural re-

murees underlying the Gulf of Mexico that are more

ian three marine leagues gulfward from the present

r future coast line as referred to in § 2(¢) of the Sub-

rerged Lands Act, 43 U.S.C. § 1301(¢) ; and

(b) All the lands, minerals and other natural re-

surees underlying the Gulf of Mexico, more than

ree geographical miles gulfward from the present or

iture coast line as referred to in §2(¢) of the Sub-

(1)

* haha ee

oa

9

a

merged Lands Act, 43 U.S.C. § 1301(¢), that are gulf.

ward of the following line:

Beginning at a point on the international boundary

with Mexico, three marine leagues gulfward from the

point x=2,447,717, y=104,830 (Texas Plane Coordi

nate System, South Zone), latitude 25°56'54.30” N,

longitude 97°08’15.50’" W., and proceeding thene

northwardly and eastwardly as follows:

South Zone

Course Latitude Longtitude

7 ad y

3 1. By are centered st............----- 2, 447, 083 105,994 25°5705.00 + 97°08"22.85"

. Mh re G2 nats sadensaacunaneer 2, 498, 223 125,226 26°00/10.50 — 96°58"59.59”

: 2. By straight line to. ............--.- 2, 498, 068 126,760 26°0025.80 96°59’01.09”

A 3. By arc centered at..........------- 2, 443, 661 121,256 25°50’37.4’ 97°08’ 58.0"

" ay te tan ae aie eae 2, 497, 383 131,474 26°01'12.56" — 96°59’07.98"

3 4, By straight Mee te... -.....-.-.-5-% 2, 497, 076 135,704 26°01'54.49" § 96°59’10.78”

3 5. By straight line to..........-..---- 2, 497, 119 137,947 26°02'16.70’" —-96°59’10.02"

4 6. By straight line to............-.--- 2,497, 240 139,652 26°02'33.58"" — 98°50’08.47"

3 7. By are centered at... ...--- spines 2, 442, 693 143, 530 26°03/18.1" —-97°09'06.0”

% “a Gaitie Pe ih! Sk EES a TS 2, 496, 042 150,421 26°04’20.26" — 96°59’10.32"

4 8. By straight line to........... shies 2, 496, 723 152,145 26°04’37.36” 96°50'12.50"

2 9. By arc centered at... .......------- 2, 442, 474 145, 254 26°03’35.2’ 97°00'08.2”

ae Os eee 2, 496, 370 154,510 26°05'00.83" 96°60’16.00"

3 10. By straight line to........-...----- 2, 495, 553 159, 267 26°05'48.04” — 96°59'24.39”

g 11. By arc centered at .....--.--------- 2, 441, 657 150,011 26°04'22.4’ 97°09 16.6”

Z MANE BASE REE EE 2, 495, 161 161,316 26°06'08.37" — 96°50’28.42”

¢ 12. By straight line to.......--.--..--- 2, 494, 875 162, 668 26°0621.79 — 96°50°31.38"

F 13. By straight line to...-..-..-------- 2, 494, 746 163, 636 26°06’31.39 96°59’32.67"

FS 14. By straight line to.........--.----. 2,492, 451 182,957 26°09'43.01" -96°59'55.32’

3 15. By arc centered at.....-..-.------- 2, 438, 148 176,509 26°08’45.2” —-97°08'52.0”

; as wer ooeenions 2, 492, 330 183,907 26°09'52.44” 96°50'56.52"

* 16. By straight line to.........-.------ 2, 490, 612 196,490 26°11'57.26” 97°00'13.74"

4 17. By are centered at_.....--....----- 2, 436, 430 139,092 26°10/50.0” —-97°10/09.4”

a ESET ECE AAO aH 2, 490, 574 196,764 26°11'59.99 — 97°00'14.12"

% 18. By straight line to.....--..-------- 2, 488, 714 209,890 26°14'10.20' — 97°00'32.84""

4 19. By arc centered at..........---.--- 2, 434, 570 202,218 26°13'00.2’ 97°10/28.3"

4 iecertacos EET Re ere 2, 488, 423 211,722 26°14'28.37" — 97°00'35.80"

a 20. By straight line to.......---.------ 2, 486, 399 223,191 26°16'22.20 — 97°00'56.54"

% 21. By are centered at__.....-.------.- 2, 432, 546 213,687 26°14'54.0' 97°10/ 49.2"

s RA ES SERRE See 2, 486, 322 223,615 26°16'26.40" — 97°00'57.33"

% 22. By straight line to...........----.- 2, 484, 084 235,738 26°18'26.73’ — 97°01'20.36"

> 23. By are centered at. .........------- 2, 430, 308 225,810 26°1654.3” 97°11'12.4"

4 SERS SHS FEE EES eames eee 2, 483, 535 238,353 26°18'52.60" 97°01 26.05”

% 24. By straight line to. ................ 2, 478, 947 257,823 26°22’06.05'" 97°02’ 13.99”

i 25. By arc centered at. ........-.-.---- 2, 425, 720 245,280 26°20/07.6’ 97°12/00.6”

. EE Se AIRES He 2, 478, 775 258,531 26°2213.09" — 97°02'15.79"

2 26. By straight line to. .-......-.--.--- 2, 475, 739 270,687 26°24'13.83" 97°02" 47.63"

es 27. By are centered at .......--..-.---- 2, 422, 684 257,436 26°22'08.3"” 97°12/32.6"

a ESS SRR, Sa ae ee 2, 475, 708 270,811 26°24’15.06 97°02"47.96"

= 28. By straight line to.....-..--.------ 2, 472, 116 285,051 26°26736.50" — 97°03"25.67"

* 29. By are centered at_........-------- 2, 419, 092 271,676 26°2420.7 —-97713°10.5""

2 We ee eek ace eeies 2, 471, 287 287,900 26°27705.71% 97°03'34.42"

KE 30. By straight line to. . ............... 2, 466, 585 303,033 26°20'35.22’’ 97°04'24.28"

4 31. By straight line to. .....--.--.----- 2, 461, 419 319,706 26°32'20.92 — 97°05'19.08"

<

CODY ROIIND Ci OSE IN CENTER

3

South Zone

Course Latitude Longitude

a y /

32. - arc eentered at.......... evecsce «=. 2, 090, 184 303,522 26°29’ 46.1’ 97°14’ 56.0'"

pusevbdicnsancsisinnk sabanadabhgarin 2, 461, 209 320,369 26°32'27.52"’ 97°05/21.31'"

33. oa straight line to.........-....... 2, 450, 926 352,124 26°37'43.15 = 97°07'10.71""

4. By are centered at 2, 398, 901 335,277 26°35’01.6’" 97°1645.8”

Aen ree pended ke veccescucas 2, 449, 710 358,498 26°38'16.70/" 97°07'23.71"

45. By straight line to 2, 447, 122 362,000 26°3921.38 —-97°07'51.45"”

%. By straight line to.........-....... 2, 445, 524 366, 527 26°40/06.38" 97°08'08.52’

7. By straight line to................. 2, 442, 108 376,994 26°41'50.42’ 97°08'44.95' % 4

ig. By straight line to.............-..- 2, 487, 787 392,060 26°44’20.08” 97°00/30.82"

y. By straight line to................. 2, 437, 079 304,740 26°44’46.70" —-97°09'38.997 > >

0. ” ene Cetitered Of. ooo. 22. ccuccci 2, 384, 205 380,784 26°42/33.7” 97°19'23.0/"

pppedtahekdsbebubhdiiwsesidaneeon 2, 435, 953 398, 463 26°45'23.70’ 97°09'50.30’"

i. na straight line to 2, 435, 511 399,759 26°45'36.57” 97°09'55. 03’”

2. By straight line to 2, 432, 474 410, 567 26°47'23.4’’ 97°10/27.28”

3. By straight line to 2, 427, 617 431,540 26°50'52.15” 97°L1'18.47”"

4. By straight line to 2, 424, 278 447,618 26°53'31.78” 97°11'53.51"

§. By straight line to............... ve 2, 422, 538 459, 109 26°55'25.72" 97°12/11.42""

6. a ay eee 2, 368, 469 450,923 26°54'09.8” 97°22/09.6""

Lerbekbee chen tac edaseactacatchtean 2, 422, 177 461,213 26°55'46.59” 97°12'15.17”

(7. oe STNG BO Ss 55k ence cecase 2, 421, 519 468, 580 26°56/11.43” 97°12'22.16’

®. By are centered at. ................ 2, 367, 051 463,714 26°56'16.6/ 97°22'24.0"

Mids egreanekekivabvsanes whe saves 2, 421, 383 469,914 26°57'12.85” 97°12/22.95'"

. By straight line rigstineetteuntc 2, 420, 872 474, 392 26°57’57.25” 97°12’28.00'

0. By are centered at. ................ 2, 366, 540 468,192 26°57’01.0” 97°22’29.2"

Wiese wiaCtdddnowenseats wade tbasevide 2, 420, 613 476, 347 26°58'16.64” 97°12'30.73”

eo gt a ar 2, 419, 889 487,832 27°00'10.46” 97° 1237.44”

2. By straight line to. ................ 2, 419, 593 493,822 27°01'09.82” 97'12'40.04"

3. By straight line to. ................ 2, 419, 571 498,661 27°01'57.74” 97°12'39.73""

4. By are centered at. ...............- 2, 304, 887 498,418 27°02'00.5’" 97°22'44.5"

Seiad iad s CASRN nwENs ok pate 2, 419, 564 499, 351 27°02’04.57” 97°12'39.74”"

5. By straight line to. ........-2...... 2, 419, 442 506, 501 27°03'15.40’ 97°12'40.28”

6. By straight line to....__. re 2, 419, 750 514,047 27°04'30.10" 97°1236.02""

7. By straight line to................. 2,419, 951 517,831 27°O5'07.56" 97°12’33.36'"

B. By straight line to................. 2, 420, 165 521,009 27°05'39.01" 97°12'30.64”

0. By arc centered ef.......-......... 2, 365, 603 524, 676 27°06'20.5" 97°22’34.0"

Meet haw ass chtewhwaiwees scanyats 2, 420, 260 522,916 27°05'57.88’" 97°12'29.38""

0. By straight line DE Has iieceakenkes 2, 420, 367 526,247 27°06'30.86'’ 97°32/27.81""

1. By straight line to............._- ‘ 2, 421, 336 538,406 27°08’31.18" 97°12’15.70"

& By are centered at..........22..... 2, 366, 824 542,751 27°00'19.4" 97°22/18.7”

Bs i waitin hia aS atanoacs 2,421, 429 539, 789 oc $4.87” 97°12'14.52""

3. By straight line ae one ees 2, 421, 449 540, 167 27°08'48.61"" 97°12'14.25'’

Dg | ha eae 2, 421, 591 540,986 27°08'56.71'" 97°12'12.59""

5. By arc centered at............... ‘ 2, 367, 705 550,301 27°10/34.1’ 97°22'08.2”

55: iy nadex Shite 2, 422, 109 544,769 27°09'34.13” 97°12'06.42’"

4. By straight line ae ig Daal aa oie 2, 422, 522 548,828 27°10'14.2R8”" 97°12'01.39'’

7. By straight line to. ._.... 2, 422, 909 550,953 27°10'35.28” 97°11'56.86""

8. By are centered at. kvgier 2, 369, 110 560,755 27°12/17.5"" 97°21'51.6"

eee sn ive 2,423, 074 551,906 27°10'44.71” 97°11'54.92"

». By st raight line to. 2, 423, 600 555,114 27°11'16.42” 97°11'48.73""

). By straight line to. - bea 2,425, 604 565,501 27°12'59.09"" 97°11'25.35”"

1. By straight line to. _ ‘ : 2,425, 955 567,201 27°33'15.88"’ 97°11'21.27”

2. By straight line to. ..__- —s 2, 430, 188 585,397 27°16'15.65'" 97°10'32.26’"

}. By straight line te. ___. oe 2, 435, 271 602,898 27°19'08.44" 97°09'33.87""

t. By straight line to. ................ 2, 437, 860 611,265 27°20'31.02’" 97°00'04.17""

5. Sy ctrpight line to... ..-..- cscs. 2, 440, 77 619,882 27°21'56.05" 97°08'30.84

3. By straight line to................ 2, 443, 622 627,687 27°23'13.04’" 97°07'58.31"

?. By straight line to............... E 2,449, 412 641,292 27°25'27.14” 97°06'52.41"

3. By straight line to... __- asdcawcce 2, 455, 945 656,139 27°27'53.45’ 97°05'38.08""

9. By straight line to. .............. 2, 459, 158 2,847 27°28'59.52" 97°05'01.59”"

AGS A AN IG a PEL LT NATL I EAGER EIRP PA DIAS D LEER IOS CG ST URL A NOBLE lg 8 AA LA AGS Pn Be

4

South Zone

Course Latitude Longitude

Zz y

80. By straight line to. .....-.--------- 2, 460, 858 666,346 27°29'33.99" 97°04'42.27"

$1. By are centered at. ---.------------ 2, 419, 058 701,605 27°35'27.6" 97°12'22.4"

OOO circa cacccbabocdvsbessiseses) ~~ eee 679,163 27°31'30.01" = 97°03"11.05" /

82. By straight line to. --..-.---------- 2,473, 113 688,467 27°33'11.66" — 97°02'23.35"

83. By arc centered at. - -.--..--------- 2, 423, 245 710,909 27°36'59.3’" 97°11'34.8"

SS: hic J actanbadveddtbaesvasta 2, 477, 118 701,518 27°35'20.43" 97°O1'37.17”

84. By straight line to. ..-...---------- 2, 477, 226 701,748 27°35'22.70" — 97°01'35.93”

85. By straight line to.............-.-. 2, 484,830 715,453 27°37'37.53"" — 97°00'09.62”

86. By straight line to. . ...--..-.---.-- 2. 492, 830 728,654 27°39'47.30" — 96°58'38.91”"

87. By straight line to. .-.....-.------- 2, 503, 178 744,730 27°42'25.23" — 96°5641.63"

&8. By straight line to. - -.-.-.--..------ 2,511,491 757,057 27°44'26.26" 96°55'07.44"

89. By straight line to. - ----.-----.---- 2, 515, 272 762,240 27°45/17.11" 96°5424.63" |

90. By are centered at--....-.---------- 2, 471, 092 794,467 27°50'41.5"" 97°02'32.2”

DE ccicbnaaeccdbandubesecthicctacssus 2, 522, 680 776,327 27°47'35.66" 96°53'00.17"

01. By straight tine te......: -........<.. 2, 523, 498 778,651 27°47'58.57”" 96°52'50.74"

92. By straight line to. .....-...-.-.--- 2, 523, 986 779, 631 27°4808.21" — 96°52'45.16”

93. By straight line to...........------ 2, 526, 031 782,992 27°48'41.29’" 96°52'22.00"

94. By straight line to.....-.-.--.----- 2, 535, 804 5: See eer oe

South Central Zone

Course Latitude Longitude

z y

(Repeating two courses)

93. By straight line to. ...-. p bie ae 2, 687, 786 IE os. wo Se dn<s<kcwnscaeneeees

94. By straight line to...........------ 2, 697, 492 11,498 27°50/50.13’" 96°50/31.25"

95. By straight line to. ........-.-.---- 2, 705, 230 21,472 27°52'27.43”" 96°49'03.01"

96. By straight line to............-.---- 2, 710, 958 28,002 27°53/31.00" — 96°47'57.84”

97. By arc centered at...........-.---- 2, 669, 848 64,063 27°59'35.4"" 96°55’ 28.7"

Os vccdaabwetantbaccdhbertaseangen 2, 712, 719 30,115 27°53’51.59” 96°47'37.77"

98. By straight line to. ................ 2, 714, 852 32,807 27°54/17.84’" 96°47/13.45"

99. By straight line to.....-......----- 2, 720, 377 38,910 27°55'17,21"" 96°46’ 10.59"

100, By straight line to...........-..--. 2, 724, 705 43,579 27°56'02.60" —§ 96°45'21.36"

MOL. Tey BURRIS WD. 2.0 ons on oe soon nes 2, 727,377 46,418 27°56'30.20’’ 96°44°50.97"

102. By are centered at. ..-..-...------- 2, 601, 713 87,873 28°03'27.2"' 96°51'20.0"

OE. ccutaueecigonscccsrtisvcnssdastens 2, 733, 517 52,619 27°57'30.40"" 96°43'41.20"

103. By straight tine to. ._........---- . 2, 745, 287 64,045 27°59'21.23” 96°41'27.48”

104. By sizaight line te. ..-..-.-....-... 2, 759, 114 76,842 28°01'25.17” 96°38'50.43”

105. By straight line to- -........-...--- 2, 760, 917 78,432 28°01'40.55"" 96°38'29.96”"

106. By straight line to. .......-..------ 2, 775, 278 90, 137 28°03'33.53"" 96°35'47.09"

107. By straight line to. .............--- 2, 780, 827 94,573 28°04/16.30" 96°34744.15"

108. By arc centered at. .........------- 2, 746, 685 137,290 28°11'26.0" 96°40'55.7"

Lae awe SS Ste SEES Se 2, 782, 550 96,009 28°04'30.16" 96°34'24.59"

109. By straight line to. .........--- 5 «Rane 97,140 28°04'41.08" 96°34'09.80"

110. By straight line to. .............-.. 2,701,476 102,789 28°05'35.43"" — 96°32'43.40"

111. By straight line to_......--. Ss oe 2, 800, 074 109, 137 28°06'36.47"" 96°31'05.92”

112. By straight line to. ............-.- ' 2, 807, 482 114, 230 28°07'25.32’" 96°29'42.01"

223. By etraight Mus te... .............-. 2, 814, 202 118, 283 28°08'04.00'" 96°28'26.00"

114. By arc centered at... ............-- 2, 785, 963 165,112 28°15'53.5" 96°33'30.4"

Sica wehger cake Lakh eek uso miawi aed 2, 815, 384 119,016 28°08711.01" 96°28'12.63”"

115. By straight line to. ..............-. 2, 824, 561 124,874 28°00'07.01" 96° 2628.73"

116. By straight line to... ............-- 2, 831,319 128, 676 28°00'43.18"" 96°25’ 12.32

117. By straight line to. ................ 2, 836, 670 131,276 28°10'07.75" 96°24’ 11.92”

ef 8 ee 2, 839, 197 132, 254 28°10'16.87" 96°23’ 43.45"

119. By are centered at._.......-- Ee 2, 819, 460 183, 253 28°18'46.0'" 96°27'11.5"

Dinh dtithbancoctndhndewenetaadheen 2, 840, 053 132, 504 28°10'20.94" 96°23'33.80"

120. By straight line to.......... etets 2, 844, 564 134,428 28°1037.20'" 96°22'42.95"

121. By straight line to................. 2, 846, 278 135,087 28°10'43.34” 96°22’ 23.64"

, ope

COPY BOUND CLOSE IN CENTER

bas aie & oo ode Td es Ce ee atari het cri) tao 28 aS

eo eee

5

South Central Zone

Course Latitude Longitude

c y

22. By arc centered at...-......... ---- 2,833,308 188,226 28°19'32.2” 96°24'34.7""

Epebecdpkdeubebstectpbannedastens 2, 864, 032 142,947 28°11'57.16” 96°19/03.31""

23. ee straight line ie Hk cn dccekshedase 2, 865, 389 143, 866 28°12'05.95'" 96°18'47.92""

24. ~ ere Gunite’ a... 5. 2....5....3.. 2, 834, 725 189,145 28°19'41.0 96°24’ 19.3"

push eUS Ke Wes ANNE send nnadeeeddan 2, 879, 517 157,775 28°1420.38” 96°16'06.44"

y os straight line OAS censdinh opted 2, 880, 106 158, 616 = 28°14’28.57” 96°15'59.64""

26. oo arc centered at. ................ 2, 835, 314 189, 986 28°19°49.2"" 96°24' 12.5" ‘

sibedhshabitetinctachiniadeditan 2, 883, 104 163,406 28°15'15.29’ 96°15'24.87”

4 oe eireight line te. . .. 525.0 ccs. 2, 885, 158 167,099 28°15'51.36” 96°15'00.94"

RB. = ee eee 2; 837, 368 193, 679 28°20'25.3"” 96°23'48.6""

Duden iwthiriseuianesebvee de 2, 886, 819 "170,332 28°16'22.99" 96°1441.53’”

4 or straight line to 2, 890, 783 177,022 28°17'28.27" 96°13'55.43""

. ng are centered at... wi 2, 843, 740 204,903 28°22'15.0" 96°22'34.5’"

CRE Phe ee ae ae 2, 893, 218 181,614 28°18'13.16" 96°13'26.99’"

q oe straight line to. .....-......5... 2, 899, 374 187,032 28°19'05.34” 96°12'16.69”

ee 2, 908, 291 193,515 28°20'07.38’" 96°10'35.21"

; Ry etreigest fee te. . .... 2252.5... 2, 912, 716 196,355 28°20'34.44’" 96°09'44.93'"

34. By straight line to... ....-.-.....- 2, 927, 833 205,781 28°22’04.08’" 96°06'53.21'"

By straight line to................. 2, 936, 888 211,198 28°22'55.48’" 96°05'10.38’"

. By straight line to... ...-. -.- 2,950,886 219,194 28°24/11.14" — 96°0231.45’

oe ee ee 2,961, 311 224,721 28°25'03.23 = 96°00'33.18’"

. By straight line to 2, 978, 776 233,372 28°26'24.39'" 95°57'15,.13""

. By straight line to 2, 987, 582 237,367 28°27'01.65 § 95°55'35.35

. By are centered at 2, 964, 991 287,167 28°35'20.4’’ 95°5934.0'"

ie eee id cksuabe ..-- 2,988, 795 237,935 28°27'06.96 — 95°55'21.60’”

. By straight line to Ra nk<wswninks <seaee 2, 998, 740 242,743 28°27'51.95’ 95°53'28.80'"

. By straight line to... .- soit ietehn 3, 002, 406 244,493 28°28'08.31'" 95°52'47.22""

be SUE URE OOo nce ccc ccassce 3, 005, 833 246,002 28°28'22.33’" 95°5208.38'"

. By are centered at.................. 2, 983, 797 296,051 28°38'43.5'" 95°56'00.5/"

Pnckekssnsbshedstagen sewsukivgune 3, 007, 526 246,783 28°28'29.61”’ 95°51'49.18""

5. By straight line to. _....-.......... 3, 026, 416 255,881 28°29'54.60” 95°48'14.81’"

eo See eee 3, 002, 687 305,149 28°38’08.6"" 95°52'25.9”"

Ra Soak See conde deccbSennn aad naw 3, 028, 326 256,847 28°30'03.64'" 95°47'53.12"°

. By straight line to... .............. 3, 047, 657 267.108 28°31'39.91' 95°44'13.33""

. By arc centered ef. ................ 3, 022, 018 315,410 28°39'45.0" 95°48'45.9""

ish dee whlincnioné eeetes 3, 048, 496 267.563 °28°31'44.18"" 95°44'03.79""

. By straight line to. abiecnnheas cease 3, 059, 160 273,431 28°32’39.31"" — 95°42"03.10/"

. By are contered at.................. 3, 032, 622 321,278 28°40'40.2" 95°46'45.1""

| RR ERE entre eae anes Smee 3. 060, 936 274,494 28°32'49.32” 95°41'42.19"

. By straight line to ie dendlase bhine Lestinc Sects 3, 078, 889 285,359 28°34'31.79"’ 95°38'17.46"

2. By are centered at... .............. 3, 050, 575 332,143 28°42'22.8’" 95°43'20.2°"

Wiieph nd tesdsdvcavtnakavestesinacay 3, 080, 687 286,496 28°34'42.53”’ 95°37'56.93""

> aor Seems tine fo... 25k n ee ss 3, 084, 317 288,890 28°35°05.20'" 95°37'15.45""

4. By straight line to.........._-- pei 3, 092, 292 293,735 28°35'50.86'" 95°35'44.46"

55. By are centered at_...........- b. 3, 063, 896 340,470 28°43'41.5”’ 95°40'48.0”

Wiiivas deans bet rd ocinaiten lier cab 3, 092, 642 293,950 28°35'52.89’’ 95°35'40.46""

6. By straight line | es VEE EE per oP 3, 110, 71 305,148 28°37'38.45’" 95°32'13.53""

3. By ave centered at. ................ 3, 082, 018 351,668 28°45'27.2" 95°37'20.9”"

_ so ib mich sasleatlc ea beso 3, 111, 027 305,312 28°37'39.99"" 95°32’10.52""

8. By str right line to. a: 316,545 28°39'25.86"" 95°28'45.39""

#. By arc centered at................. 3, 099, 968 362,901 28°47°13.2’ 95°33'55.6"

ita ceaak gai aderiadede Sateen 3, 129, 951 317,169 28°39'31.75’" 95°28'34.25"

0. By straight line to. pabebnda caneanerk 3, 152, 081 331, 678 28°41'48.68"" 95°24'20.95""

il. By are centered at..............- -- 8,122,008 377,410 28°49'30.3" 95°29'42.1"

Speak bOiin niin pati dehecuakeaaas 3, 153, 769 332, 28°41'59.57”" 95°24'01.60"

@. By straight lime to................. 3, 158, 904 336,478 28°42'34.10"" 95°23'02.71""

By straight line to. ____._. ee es. 3, 168, 664 342,866 28°43'34.32” 95°21'10.91""

. By are centered at_...............- 3. 138, 717 388,622 28°51'16.3" 95°26'31.5”

Natit bates cnn dihadnadigthtebiie 3, 172, 530 345,644 28°44'00.62” 95°20'26.53""

nyseng cee |

6

i,

South Central Zone

Course Latitude Longitude

z y

i.

165. By straight lins to. ......--- piehene 3,177,771 349,049 28°44'32.60’’ 95°19'26.45”"

166. By are centered at.._........-...-- 3, 147, 981 394,907 28°52’15.7” 95°24'45.2'

DRictitena<e 3, 178, 426 349,481 28°44'36.76’" 95°19’ 18.98".

167. By straight line to.___............- 3, 184, 351 353,452 28°45'14.21” 95°18'11.04"

168. By arc centered at_......-.--.-...- 3, 153, 906 398,878 28°52’53.2'” 95°23'37.2"

to.. im ‘ 3, 185, 298 354,101 28°45’20.34’" 95°18'00.17"

169. By straight line to.........-.-.-... 3, 196, 291 361,808 28°46'33.16’’ 95°15’53.96""

170. By arc centered at_...-..--..-..--- 3, 164, 899 406,585 28°54'06.1” 95°21'30.9”

iti akdis wwnad 4 3, 197, 099 362,386 28°46'38.61'" 95°15’ 44.67"

171. By straight line to...........-.-.-- 3, 203, 248 366,865 28°47'21.00 — 95°14’33.99"

172. By straight line to.............-..- 3, 205, 264 368,190 28°47'33.46'’ 95°14’ 10.87"

173. By are centered at._.--...--.-...-- 3, 182, 950 418,115 28°55'54.6’" 95°18'03.8"

to sae 3, 213, 259 372,598 28°48'14.53’" 95° 12'39.45"

174. By straight line to. ............-.-- 3, 214, 103 373,160 28°48'19.82’" 95°12'29.76”

175. By are centered at... ..-..-..-.-.-- 3, 183, 794 418,677 28°55’59.9" 95°17/54.1""

Div iiticitiitescnciqninttinsivin eae aS ee ne 3, 230, 736 390,625 28°51'07.29’" 95°00" 16.44”

176. By straight line to. -.-..----....--- 3, 240, 421 399, 503 28°52’31.99"" 95°07'24.26"

177. By straight tine to. ...-...-.......- 3, 258, 176 414, 679 28°54’56.30’" 95°03'58.91”

178. By straight line to. __...-....-- his 3, 262, 578 418, 206 28°55'29.73’" 95°03'08.07"

179. By straight line to. ...........--..- 3, 266, 484 420,949 28°55'55.57" 95°02’ 23.08"

180. By arc centered at_.......-----.--- 3, 239, 802 468,683 29°03'56.8”’ 95°07'05.4"

Deak iehscscdkvgcatut ine<chbh okie 3, 282, 040 433,949 28°57'58.97’" 94°5923.10"

181. By straight line to. ...........-....- 3, 282, 364 434,343 28°58’02.76'" 94°59 19.30"

182. By arc centered at__....-.-..--_--- 3, 240, 126 469,077 29°04'00.6" 95°07'01.6"

Meo ge thts. o- Snith Wa Ub sina cns votes 3, 290, 005 446, 661 29°00’02.05”’ 94°57'48.53"

183. By straight line to. ...-.......-.--- 3, 296, 652 452,104 29°60'53.63’" 4°56'31.59""

184. By straight line to. ........-...-.-- 3, 302, 419 456, 606 + 29°01'36.20’’ 94°55'24.90”

185. By straight line to__.........-.-- r 3,315, 160 466,352 29°03’08.22’’ 94°52'57.60"

186. By straight line ta. ._........--.-.- 3, 320, 930 470, 564 29°03'47.89"" 94°51'50.94"

187. By straight line to. .........-..---- 3, 328, 195 475, 602 29°04’35.19”’ 94°F0'27.11"

188. By straight line to. ..............-- 3, 342, 587 484,679 29°05’59.91” 94°47'41.32”

189. By are centered at. ._._........-... 3, 313, 417 530,934 29°13'47.9’" 94°52°51.6"

ieains ttt a end: thindiiee diner udetedbiioe 3, 345, 594 486,717 29°06'19.02” 94°47'06.62"

190: By straight Hine to__..............- 3, 350, 192 490, 063 29°06’50.48’" 94°46' 13.45"

191. By arc centered at. _............... 3, 318, 015 534,280 29°14/19.4”" 94°51'58.4”

Giiacuaoveacs ge tbedaths chin aubedinkes 3, 351, 664 491,173 29°07'00.94’" 04°45'56.41"

192. By straight line to. _..............- 3, 366, 438 502,706 29°08'49.73”" 94°43’05.18"

193. By straight line to. ................ 3, 373, 759 508, 167 29°09'41.10’’ 94°41'40.41"

194. By arc centered at._............-.- 3, 341, 062 552,000 29°17'06.6”" 94°47'31.2”

EE Re Sree tae Pe ae ed 3, 376, 113 610,025 29°09°58.63’’ 94°41'13.00”

195. By straight line to. ................ 3, 379, 502 512,855 29°10'25.40’" 94°40'33.71”"

196. By arc centered at. ............... 3, 344, 451 554,830 20°17'33.4” 94°46'51.8”

_ ee nuke thidabeGumauvagiaeans 3, 382, 463 515, 517 + 29°10’50.64” 94°39'59.22”

197. By straight line to. ..............-. 3, 385, 938 518,877 29°11'22.61”" 94°39'18.63"

198. By are centered at. _- 3, 347, 926 558,190 29°18'05.4’" 94°46’ 11.2”

iittala 3, 393, 316 527,691 29°12’47.10’" 94°37'51.73"

3, 394, 123 528,892 29°12'58.69’ 94°37'42.12"

3, 348, 733 559,391 29°18717.0" 94°46'01.6"

3, 399, 047 537,969 29°14'26.68’" 94°36'42.74"

3, 399, 847 539,848 29°14'44.97’’ 94°36'32.92”

3, 349, 533 561,270 29°18'35.3’’ 94°45'51.8""

3, 401, 544 544,379 29°15'29.17’" 94°36’ 11.86”

3, 402, 301 546,710 29°15'51.96” 94°36'02.32”

3, 350, 290 563,601 29°18'58.1" 94°45'42.3”

3, 404, 498 556,395 29°17'26.97" 94°35'33.41"

3, 404, 679 557,758 29°17'40.38" 94°35'30,.79""

3, 405, 303 558,363 29°17'46.13"" 94°35'23.49""

3, 407, 136 559,951 29°18’01.16’" 94°35'02.12"

208. By straight line to. ............-... 3, 409, 314 561,570 29°18'16.36" 94°34'36.85""

COPY BOUND CLOSE IN CENTER

7

South Central! Zone

Course Latitude Longitude

z y

09. By straight line to... ....2.-..-. 22. 3, 413, 751 564,517 29°18'43.86" 94°83'45.50"

910. By straight line to........2.22..-- 3, 421, 690 569, 297 29°19/28.16" —-94°32/13.83""

21. By straight line to... -....2.22.2..- 8, 429, 203 573,476 29°20/06.63" — 94°30/46.17””

12. By straight line to........2..22...- 3, 447, 430 582,437 29°21'28.35 — 94°27/17.47"

| 213. By straight line to. --.._........._. 3, 466, 717 591,592 29°22’51.47% — 94°23'35.58””

214. By are centered at. ---...... aa 3, 443, 267 640, 994 29°31'09.3’" 94°27'38.8""

| Seda OF eset tal tet Se BOO Ey 3, 467, 072 591,762 29°2253.01" — 94°23°31.50""

| 15. By straight line to_...-....-......- 3, 480, 531 598,270 29°23’52.12” 94°20'56.55’

116. By straight line to_...._..._....... 3, 497, 178 605,998 29°25'01.98 94°17744.98”

17. By arc centered at................. 3, 474, 153 655, 509 +29°33’21.8” 94°21'42.9”

ERS TES es 2 Seas 3, 497, 492 606,145 29°25'03.31" —94°17'41.36””

18. By straight line to................. 3, 512, 863 613, 399 29°26’08.92’" 94°14'44.35”

19. By are centered at... -.....--..... 3, 489, 524 662,853 29°34’27.5"” 94°18'45.7”

eats oA Ce 3, 513, 624 613,765 29°26'12.24 — 94°14’35.58””

| 20. By straight line to.........--._._. 3, 530, 376 621,990 29°27'26.82” 94°11"22.44"

21. By straight line to....._....-...._. 3, 554, 680 633,780 29°29'13.49" — 94°06"42.17"

22. By are centered at__._.-..-.----__- 3, 530, 811 682,981 29°37'30.0’ 94°10/46.1/"

| PRES ES PIE Sa eOOe 3, 555, 470 634,171 29°2917.03 94°06’33.05’

23. By straight line to. _..._....--_.._. 3, 571, 673 642,357 29°30'31.26" — 94°03"25.94’"

| 24. By straight line to...__.....--_.__- 3, 579, 924 646,355 29°81’07.35 — 94°01'50.72"

| 96. By are centered at_........._...... 3, 564, 669 698, 869 29°3953.2’" 94°04’ 18.2’"

Bit RES RY, 3, 583, 947 647,695 29°31'18.91 —94°01'04.58""

| 26. By are centered at... ...-.......-.. 3, 570, 700 700,751 29°40°09.3”" 94°03'09.0"

| _ SoS SEE er es ae 3, 583, 971 647,701 29°31'18.96 94°01'04.31’"

27. By are centered at._......--.--__- 3, 585, 544 702,363 29°40/19.0’ 94°00'20.1"”

hes SEE ae eda 3, 587, 641 647,718 29°31'17.58" — 94°00'22.79’

| 28. By arc centered at__............... 3, 588, 465 702,397 29°40/18.1’ 93°59’ 47.0"

SE ae SS 3, 507, 166 648,409 29°31'20.37" — 93°5834.73""

29. By are centered at_........-...___- 3, 598, 208 703,082 29°40'20.7”” 93°57'55.3”

| bs parle dirackeucie skecmcdasoiun cess 3, 611, 182 649,926 29°31'29.50’" 93°55'55.45"

| 80. By arc conteréd at. ................ 3, 616, 758 704, 337 + 29°40'25.2” 93°54’25.6"’

4 ya aimee aa 3, 617, 980 649, 666 20°31'28.90" — 93°54’38.73”

| 31. By straight line to................. 3, 622, 052 649, 757 29°31'28.04" — 93°53’52.62’

| $2. By straight line to. ................ 3, 628, 661 649,851 29°31'21.11" 93°5237.85”

33. By are centered at_._.......____... 3, 627, 884 704,530 29°40'22.3” 93°52'19.5"

La See ous 3, 632, 508 650,041 29°31'21.32” —93°51'54.24"”

34. By straight line to.....-......____. 3, 634, 971 650, 250 29°31’22.32"" — 93°51'26.29""

35. By are centered at__..__........_.. 8, 630, 347 704,739 29°40'23.3”" 93°51'51.5"

| REOPEN OR ee eS ae Ee 3, 651, 368 654,256 29°31’54.77” — 93°4818.84’”

36. By straight line to..........._____. 3, 653, 430 655,115 29°32/02.36" — 93°47'55.08””

37. By arc centered at_._.........__... 3, 632, 410 705,598 29°40/30.9’" 93°51"27.7"

SN ESES RR EET Se A oe 3, 663, 602 660, 681 29°32’52.93 — 93°45°57.22””

38. By straight line to. ._.........____. 3, 664, 862 661,556 29°33°01.02” 93°45'42.53”"

39. By arc centered at._......._.______ 3, 633, 670 706,473 29°40°39.0"" 93°51/13.0

(SWART RIE Rotini) alte tee 3, 677, 669 674,000 29°34’58.40" — 93°43’11.30""

| 40. By straight line to.__...._._____.. 3, 678, 810 675,546 20°35'13.18" 93°42’57.60’"

il. By are centered at..........-...-.- 3, 634, 811 708,019 29°40'53.8" —-93°5059.3””

SR eh SE ee ta 3, 680, 595 678,115 29°35'37.80 — 93°42’36.08”"

| 42. By straight line to................. 3, 686, 069 686,496 29°36'58.24" —-43°41'29.837"

The State of Texas is not entitled to any interest in

uch lands, minerals or resources, and said State, its

wrivies, assigns, lessees and other persons claiming

inder it are hereby enjoined from interfering with the

312-855—68——2

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rights of the United States in such lands, minerals and

resources.

2. As against the United States, with the exceptions

provided by $5 of the Submerged Lands Act, 43

U.S.C. § 1313, the State of Texas is entitled to—

(a) All the lands, minerals and other natural re-

sources underlying the Gulf of Mexico, bounded on

the south by the international boundary with Mexico

and on the east by the western boundary of Louisiana

and an extension thereof, that are within three geo-

graphical miles from the present or future coast line

as referred to in § 2(¢) of the Submerged Lands Act,

43 U.S.C. § 1301(¢) ; and

(b) All the lands, minerals and other natural re-

sources underlying the Gulf of Mexico, bounded on the

south by the international boundary with Mexico and

on the east by the western boundary of Louisiana and

an extension thereof, less than three marine leagues

guifward from the present or future coast line as re-

ferred to in §2(¢) of the Submerged Lands Act, 43

U.S.C. §1301(¢), that are landward of the line de-

seribed in paragraph 1(b) hereof.

3. As used herein—

(a) “Geographical mile’* means a distance of 1592

meters (6076.10333 ... U.S. Survey Feet or approxi-

mately 6076.11549 International Feet) ;

(b) **Marine league’? means a distance of three

veographical miles ;

(©) Plane coordinates refer to the Texas Coordi-

nate Systems, South Zone or South Central Zone, as

indicated.

9

(d) Latitudes and longitudes refer to the North

American 1927 Datum.

(e) All distances referred to herein are expressed

it grid scale, Texas Plane Coordinate Systems.

4. The Court retains jurisdiction to entertain such

‘urther proceedings, enter such orders, and issue such

vrits as may from time to time be deemed necessary

ir advisable to give proper force and effect to this de-

ree, or to the decree of December 12, 1960, herein,

r to effectuate the rights of the parties in the

remises,

3

2

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kee ie

In the Supreme Court of the United States

OcToBER TERM, 1968

No. 9, ORIGINAL

UNITED STATES OF AMERICA, PLAINTIFF

Vv.

STATE OF LOUISIANA, ET AL.

MEMORANDUM IN SUPPORT OF PROPOSED DECREE

The immediate occasion for the present phase of

this case was a disagreement between the United

States and Texas over the propriety of using coastal

jetties erected after 1845 as part of the baseline from

which to measure the three-league width of Texas’

historic maritime belt for purposes of the Submerged

Lands Act. However, resolution of that narrow issue

necessarily involved consideration of broader prin-

ciples, and, in rejecting use of the jetties, the Court

held generally that historie boundaries, for purposes

of the Act, are immovable lines, fixed at their loca-

tion on the date of statehood.’ In considering formula-

tion of a proposed decree to effectuate that holding,

* By analogy, boundaries approved by Congress after statehood

presumably are fixed at the location where they first existed

with congressional approval. This will apply to Florida’s his-

(10)

COPY BOUND CLOSE IN CENTER

ll

the parties have agreed that it will be desirable to

describe the actual line forming the historie maritime

boundary of Texas. The Court having allowed addi-

tional time needed for completion of the cartographic

work involved, the parties have now agreed on the

location of Texas’ 1845/1849 gulfward houndary for

domestic purposes, and have described it in the Stipu-

lation which is filed herewith.

That is not the end of the matter, however. So that

iffshore leasing may go forward with minimum delay,

seth parties would prefer a decree that not only iden-

tified the 1845/1849 boundary but went on to fix

Texas’ resultant rights under the Submerged Lands

Act. And, at this point, the parties are in disagree-

ment on one principle which prevents the joint sub-

mission of a proposed decree. Texas maintains—sub-

toric boundary, United States vy. Florida. 363 U.S. 121. and to

he portion of Texas’ boundary opposite Sabine Pass, which

was added with congressional approval in 1849, See infra, pp.

16-18. This technical distinction between the two parts of Texas”

noundary has no practical consequences, and for convenience

we refer herein to the combined line as the “historic” or *1845/

1849” boundary.

* We characterize the agreed line as Texas’ historic boundary

‘for domestic purposes” because the United States makes no

-ontention in this case as to its maritime boundary, as against

ther nations, and the original opinion in this case specifically

refrained from establishing an international boundary for the

United States. United States v. Louisiana, 363 US. 1, 35. The

rights of the United States or of any States in submerged lands

seaward of the national maritime boundary under the Submerged

Lands Act, 67 Stat. 29, 43 U.S.C. 1301-1315, the Outer Con-

inental Shelf Lands Act, 67 Stat. 462, 43 U.S.C. 1233 -1343, or

he Convention on the Continental Shelf. 15 US.T. (Pt. 1) 471,

ire of a special character and may be described as extraterritorial

nh nature.

4

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Pete arn aheornitn ss

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ject to reservations not presently in dispute ‘—that

the 1845/1849 line permanently fixes the extent of the

State’s rights under the Submerged Lands Act. The

United States, on the other hand, believes that the Ac

grants Texas only so much of the submerged land

landward of its historic maritime boundary as js

within three leagues of the present or future coast

line. This difference has practical importance because

substantial erosion has occurred along the coast of

Texas during the intervening century.

The point is a narrow one, and we have concluded

that it may be brought before the Court most con-

veniently by submission at this time of two proposed

decrees, each embodying the proponent’s view of the

disputed principle. Apart from this one difference,

the two proposed decrees are identical, and it js

agreed that each decree is proper and should be

entered if the proponent’s view on the disputed point

is sustained. The United States does not request, but

does not oppose, the hearing of oral argument on the

proposed decrees.

The present memorandum is intended (1) to ex-

plain briefly, for the Court’s information, how the

*As in all such decrees that have been entered under the

Submerged Lands Act, the problem of identifying particular

areas reserved to the United States by section 5 of the Act, 4

U.S.C. 1313, must be preserved for determination of the facts

involved in each instance. Cf. United States v. Louisiana, 364

U.S. 502, 503; Jbid., 382 U.S. 288, 289; United States v. Cali-

fornia, 382 U.S. 448, 452.

Likewise, the location of Texas’ southern offshore boundary

with Mexico and the location of its eastern offshore boundary

with Louisiana cannot be effectively determined between the

present parties, but must await appropriate proceedings in the

future.

COPY BOUND CLOSE IN CENTER

13

agreed historic boundary was arrived at and what it

represents, and (2) to support the United States’

view on the single remaining legal issue, as embodied

in the decree herein proposed.

I. THE HISTORIC MARITIME BOUNDARY OF TEXAS

Texas’ gulfward boundary, as declared by the Act

of December 19, 1836, of the Republic of Texas, was

a line “three leagues from land.’’ 1 Laws Rep. Tex.

133. Under the Court’s opinion of December 4, 1967,

herein, that boundary as it was located on December

29, 1845, when Texas became a State, is the State

boundary ‘tas it existed at the time such State be-

came a member of the Union” within the meaning of

section 2(b) of the Submerged Lands Act, 43 U.S.C.

1301(b). Lacking exactly contemporary surveys fixing

the boundary, the parties have agreed on a recon-

struction of it by the following means:

First, it was agreed that the earliest federal sur-

veys, made at various times from 1854 to 1886, should

be accepted as representing conditions in 1845, in the

absence of contrary evidence. No contrary evidence

has been adduced by either party.

Second, although Texas’ 1836 statute referred only

to “land,’’ without distinguishing the high- or low-

water line or making specific reference to the closing

lines of inland waters, it was agreed to construe it

as referring to the mean low-water line and as inelud-

ing closing lines across entrances to inland waters.

Third, since the early surveys showed only the high-

water line, it was necessary to reconstruct a hypo-

thetical low-water line. This was done by assuming a

14

uniform bottom slope between the high-water line

and the closest inshore depth sounding shown on the

earliest hydrographic chart of each area, and by draw.

ing a supposed low-water line where that uniform

slope would have intersected the plane of mean low

water.

Fourth, since it is not feasible to describe or survey

an irregular curve or a line at a stated distance there.

from, the :cw-water line was reduced to a meander

line of straight segments. This was done by selecting

points on the low-water line such that straight lines

between them did not depart more than 50 feet from

the low-water line (with minor exceptions), except

where they constitute appropriate lines marking the

outer limits of inland waters. This produced a con-

tinuous line of 223 straight segments, connecting 224

points, extending from the Mexican boundary to the

Louisiana boundary. In addition, one point (No. 176)

on the gulfward side of an island, outside the entrance

to Galveston Bay was separately identified but was

found to have no effect on the 3-league limit, and so

to be irrelevant to the present purpose.

Fifth, the early maps were correlated with the

North, American 1927 datum now in use, and the

meander line was transferred to modern maps, from

which geographical coordinates were read. This is done

by an optical device which gives a mechanical read-

ing of the coordinates as the crosshairs of an optical

15

scanner are centered on a desired point. Equivalent

plane coordinates were then ascertained by computer.’

Sixth, we computed the position of a line parallel

to, and three leagues seaward from, the meander line.

This consists of straight segments parallel to the seg-

ments of the meander line, which meet opposite con-

cave angles of the meander line or are connected by

ares with three-league radii around convex angles

of the meander line, thereby maintaining a uniform

listance of three leagues from the nearest point on

the meander line.’ This line is described by inter-

section points of its component lines and arcs and by

he centers of the ares, the radii being uniformly three

eagues.

All of these measurements and computations have

een made on the grid scale of the Texas plane co-

mdinate systems, as provided by the proposed decrees.

[his permits the use of plane rather than spherical

*Both parties use the plane coordinate systems for offshore

urveying and leasing, and those systems provide the most con-

enient means of description for such purposes. Latitudes and

ongitudes are more readily usable by navigators and by many

thers not directly invelved in offshore leasing or surveying.

Ve identify points by both means, to make the decree useful

nd meaningful to as many people as possible.

*This is the so-called envelope line or ares-of-circles method

y which maritime boundaries are drawn under Article 6 of

1e Convention on the Territorial Sea and the Contiguous Zone,

5 U.S.T. (Pt. 2) 1609. See 1 Shalowitz, Shore and Sea Bound-

ries (1962) 170-172,

16 =

geometry and trigonometry. The parties join in re.

questing this procedure, believing that its much greater

convenience far outweighs the slight inaccuracy (which

ranges from 0 to about 1/10,000).°

Because the exact locations of ‘Texas’ offshor

boundaries with Mexico and Louisiana have not yet

been determined, we have described a line that presum-

ably extends beyond both those boundaries, with a pro-

vision limiting the effect of the decree to that portion

of the line lying within those boundaries. This is the

same approach that both parties have followed in the

pending motions for determination of Louisiana’s off-

shore boundary in this case. |

One additional complication requires comment.

When Texas entered the Union on December 29, 1845,

its eastern boundary was at the western bank of the

Sabine River.’ By the Act of July 5, 1848, 9 Stat. 245,

Congress consented—

that the legislature of the State of Texas may

extend her eastern boundary so as to include

within her limits one half of Sabine Pass, one

half of Sabine Lake, also one half of Sabine

River, from its mouth as far north as the

thirty-second degree of north latitude.

By Act of November 24, 1849, Laws, Third Tex.

Legis., ¢. 2, p. 4, the Texas Legislature provided—

®See Mitchell and Simmons, 7he State Coordinate Systems

(Dept. of Commerce Spec. Pub. No. 235, 1957), 2-3.

7Convention of April 25, 1838, between the United States

and the Republic of Texas, 8 Stat. 511, reaffirming the bound-

ary established by Article 2 of the Treaty of January 12,

1828, between the United States and Mexico, 8 Stat. 372, 374;

Act of December 19, 1836, of the Republic of Texas, 1 Laws

Rep. Tex. 133.

Be sacs ily at eae

COPY BOUND CLOSE IN CENTER

17

That in aecordence with the consent of the

Congress of the United States, given by an act

of said Congress, approved J uly 5th, 1848, the

Eastern Boundary of the State of Texas be, and

the same is hereby extended so as to include

within the limits of the State of Texas, the west-

ern half of Sabine Pass, Sabine Lake and

Sabine River from its mouth as far north as

the thirty-second degree of north latitude * * *,

Neither the federal nor the Texan legislation made

any reference to a corresponding eastward extension

of Texas’ maritime belt opposite the western half of

Sabine Pass. However, the Court has held in this case

that congressional silence in 1845 as to Texas’ mari-

time claim should be construed as an adoption of it;

and we see no less reason to suppose that the silence

of Congress in 1848 and the Texas legislature in 1849

is to be understood as establishing a similar maritime

boundary opposite the newly added Texan territory.

Accordingly, we accept Texas’ three-league boundary

opposite the western half of Sabine Pass, not as a

boundary as it existed when the State became a mem-

ber of the Union in 1845, but rather as one approved

by Congress before passage of the Submerged Lands

Act, and as such equally entitled to recognition under

section 2(b) of that Act, 43 U.S.C. 1301. This distinc-

tion is made only as a matter of technical accuracy.

It has no practical consequences, as no private rights

appear to have accrued in this limited offshore area

between 1845 and 1849, and our present cartographic

materials do not disclose any physical changes in the

coast in that interval.

18

While our treatment of this extension of Texas’

eastern boundary is premised on the assumption,

arguendo, that it was valid and effective according to

its terms, we are not to be understood as seeking to

foreclose that question or to have it decided now. It

is our understanding that Louisiana claims the entire

bed of the Sabine River, Lake, and Pass, and denies

the validity of Texas’ claim to the west half.* Our

purpose here is to identify the line to be recognized

as Texas’ historic offshore boundary, including its

putative 1849 extension, while reserving the question

of the effectiveness of that extension for a subsequent

proceeding in which Louisiana may participate.

Il. THE THREE-LEAGUE LIMITATION OF THE SUBMERGED

LANDS ACT

The single remaining point of difference between

the United States and Texas may be simply stated.

Section 2 of the Submerged Lands Act, defining the

terms ‘‘lands beneath navigable waters” and ‘‘bound-

aries’’ as used in the grant made by section 3, imposes

the restriction that “in no event shall the term

‘boundaries’ or the term ‘lands beneath navigable

waters’ be interpreted as extending from the coast

line more than three geographical miles into the

Atlantic Ocean or the Pacific Ocean, or more than

three marine leagues into the Gulf of Mexico.” 67

* The Louisiana Enabling Act of February 20, 1811, 2 Stat.

641, and Louisiana Admission Act of April 8, 1812, 2 Stat. 701,

described the boundary of that State as “beginning at the mouth

of the river Sabine, thence by a line to be drawn along the

middle of the said river, including all islands to the thirty-

second degree of latitude * * *.”

_

COPY BOUND CLOSE IN CENTER

19

Stat. 29, 43 U.S.C. 1301. Texas acknowledges the

limitation but reads it as measuring from the coast

line as it existed on the dates as of which the his-

toric boundary was recognized by the Act: that is,

December 29, 1845, or November 24, 1849. The United

States reads the limitation as measuring from the

coast line as it exists currently or at any time in the

future.

Under Texas’ view, the three-league limitation was

complied with, once and for all, by the fact that its

boundary was only three leagues from the coast when

Texas entered the Union and when it made its Sabine

extension. Under the United States’ view, the three-

league maximum limit is always to be measured from

the contemporary coast, and so constitutes an ambula-

tory maximum limit that may sometimes restrict the

otherwise unrestricted grant of the lands within Texas’

immovable historic boundary. The practical applica-

tion of these differing approaches to a hypothetical

example is illustrated on the following two pages.”

* The three-mile minimum grant (measured from the modern

coast) has no present application in the case of Texas. But,

as the hypothetical example shows, that principle will’ become

important, under our view, if accretion or artificial construc-

tion should at some future time extend the coastline more than

six miles beyond its 1845/1849 position.

20

HYPOTHETICAL EXAMPLE

Illustrating relevant elements in relation to

areas of accretion, erosion, and artificial

construction along an originally straight

coastline

mea

A. Historic coastline

B. Modern coastline, showing accretion (F),

erosion (G), and artificial construction

(H)

C. Fixed historic boundary, three leagues

¥ gulfward from historic coastline

D. Three-mile limit, measured from modern,

ambulatory coastline

E, Three-league limit, measured from modern,

ambulatory coastline

F. Area of accretion

G. Area of erosion

H. Modern artificial construction

COPY BOUND CLOSE IN CENTER

21

APPLICATION OF TEXAS AND UNITED STATES VIEWS

TO HYPOTHETICAL EXAMPLE

J

}

‘

BOUNDARY LIN® OF SUBMERGED LANDS ACT GRANT

ACCORDING TO TEXAS

(Same as historic boundary, without regard

to distance from modern coastline)

f ; g

A ia eae 3

BOUNDARY LINE OF SUBMERGED LANDS ACT GRANT

ACCORDING TO THE UNITED STATES

(Includes areas within 3 miles of modern coast-

line, even if beyond historic boundary, but no

areas more than 3 leagues from modern coastline,

even if within historic boundary)

22

This question was not argued by the parties or

decided by the Court. Indeed, it does not affect the

immediate controversy over the maritime boundary

of Texas opposite Galveston Harbor and Sabine Pass,

because, at those points, the modern coastline~

extended by artificial jetties—is gulfward of the his-

torie baseline and the three league limitation has no

bite. The issue arises as a result of the conclusion

that the historic boundary referred to in the Sub-

merged Lands Act is a fixed line.’” As we read the

Court’s opinion, it (1) fixes the historic boundary

as an immovable line, (2) recognizes that the statu-

tory grant of land within that boundary is subject

to a maximum limitation of three leagues from the

coast,” and (3) expresses no view as to the proper

interpretation of that limitation. In this situation, we

submit the question is now open, and should be re-

1° Had the Court accepted Texas’ view that its historic three-

league limit should be measured from the modern coast, or the

United States’ alternative suggestion that it could be understood

to be ambulatory so far as natural coastal changes were con-

cerned, the baseline for the three-league limit would always have

been identical to the baseline for the three-league boundary, or

farther seaward (since significant artificial changes are almost

invariably extensions rather than excavations of the coast).

Thus the limit would have no practical importance where, as in

Texas’ case, the original distance did not exceed three leagues.

However, since the Court has held that the historic boundary

is immovable, and since comparison of early maps with modem

maps has disclosed erosion along part of the Texas coast, it is

now important to know whether the limitation of “three leagues

from the coast” means the modern or the historic coast.

"1 Thus, the Court said of the grant conditioned upon a State's

prior history (United States v. Louisiana, 389 U.S. 155, 156):

It allows those States bordering on the Gulf of Mexico,

which at the time of their entry into the Union had a sea-

COPY BOUND CLOSE IN CENTER

23

solved in order to permit the entry of a meaningful

decree.

In our view, the statutory limitation of three leagues

from the coast line can only be read as meaning three

leagues from the modern, ambulatory coast line. Sec-

tion 3 of the Submerged Lands Act, 43 U.S.C. 1311,

granted the “lands beneath navigable waters within

the boundaries of the respective States.’’ Section 2,

43 U.S.C. 1301, so far as relevant here, defined those

terms as follows:

(a) The term “lands beneath navigable wa-

ters’? means—

* * * * *

(2) all lands permanently or periodically

covered by tidal waters up to but not above

the line of mean high tide and seaward to

a line three geographical miles distant from

ward boundary beyond three miles, to claim this historical

boundary “as it existed at the time such State became a

member of the Union,” but with the maximum limitation

that no State may claim more than “three marine leagues”

(approximately nine miles).

Again, the Court said (389 U.S, at 159) :

In effect what Congress has done is to take into con-

sideration the special historical situations of a few Gulf

States and provide that where they can prove ownership

to submerged lands in excess of three miles at the time they

entered the Union, these historical lands will be granted to

them up to a limitation of three marine leagues. * * *

The further statement (389 U.S. at 160) that “Texas has

imply been given that amount of submerged land it owned

vhen it entered the Union” must be read, in context, as no more

han an interpretation of the statutory reference to historic

voundaries “as [they] existed at the time such State became a

aember of the Union,” not as a repudiation of the three-league

imitation which the Court had expressly recognized earlier in

he same paragraph.

q

|

:

ea

notte

24

the coast line of each such State 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 approved by

Congress, extends seaward (or into the

Gulf of Mexico) beyond three geographical

miles, * * *

* ad * * *

(b) The term ‘‘boundaries”’ includes the sea-

ward boundaries of a State or its boundaries

in the Gulf of Mexico or any of the Great

Lakes as they existed at the time such State

became a member of the Union, or as hereto-

fore approved by the Congress, or as extended

or confirmed pursuant to section 4 hereof but

in no event shall the term ‘‘boundaries”’ or the

term ‘‘lands beneath navigable waters’” be in-

terpreted as extending from the coast line more

than three geographical miles into the Atlantic

Ocean or the Pacifie Ocean, or more than three

marine leagues into the Gulf of Mexico ;”

(c) The term ‘‘coast line’’ means the line of

ordinary low water along that portion of the

coast which is in direct contact with the open

sea and the line marking the seaward limit of

inland waters;

* * * * *

The discrepancy between section 2(a)(2), which contem-

plates historic boundaries of any extent and in any sea, and

the final clause of section 2(b), which precludes recognition

of any such boundaries except within three leagues of the coast

of the Gulf of Mexico, arises from the fact that the lattr

restriction was added to the measure by a floor amendment,

without corresponding revision of section 2{a)(2). 99 Cong.

tec. 41144116.

COPY BOUND CLOSE IN CENTER

tice

25

Section 4 of the Submerged Lands Act, 43 U.S.C.

1312, provided:

Sec. 4. Seaward Boundaries.—The seaward

boundary of each original coastal State is

hereby approved and confirmed as a line three

geographical miles distant from its coast line

or, in the case of the Great Lakes, to the inter-

national boundary. Any State admitted sub-

sequent to the formation of the Union which

has not already done so may extend its sea-

ward boundaries to a line three geographical

miles distant from its coast line, or to the in

national boundaries of the United States in

the Great Lakes or any other body of water

traversed by such boundaries. Any claim here-

tofore or hereafter asserted either by constitu-

tional provision, statute, or otherwise, indicating

the intent of a State so to extend its bound-

aries is hereby approved and confirmed, with-

out prejudice to its claim, if any it has, that

its houndaries extend beyond that line. N othing

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 approved by Congress.

er-

The combined effect of these provisions is that

each State was given the submerged lands within its

claimed boundary, to the extent of three miles from

the coast line, and that where a State showed that its

boundary as it existed upon statehood or as approved

by Congress extended into the Gulf of Mexieo more

26

than three miles from the coast line, it was given the

submerged lands within such boundary, to a maxi-

mum extent of three leagues from the coast. It seems

evident that these references to the “coast line”’ as

the baseline of the three-mile minimum and of the

three-league maximum are in pari materta and can

only be understood as referring to the same coast

line—that is, the modern, ambulatory coast line, as

defined in section 2(c) and construed in United States

v. California, 381 U.S. 1388.

In the California case the Court said of its adop-

tion of the principles of the Convention on the Ter-

ritorial Sea and the Contiguous Zone in construing

the Submerged Lands Act, “This establishes a single

coastline for both the administration of the Sub-

merged Lands Act and the conduct of our future

international relations * * *.” 381 U.S. at 165, While

that was said with reference to measurement of the

three-mile minimum limit of the grant, we find no

4

4

reason to suppose it any less applicable to measure-

ment of the three-league meximum limitation. Both

measurements are provided for in a single section and

with reference to a single coast line. See. 2, 48 U.S.C.

1301. As held in the California case, that is the mod-

ern, ambulatory coast line.

We cannot state the point more clearly than it was

AAMC NER fa coe SO Ree LY as

ee fig

stated earlier in these proceedings in the Reply Brief

of Texas in Opposition to Motion for Injunction and

Supplemental Decree, at page 12: “The Act plainly

applies the same term as the baseline from which to

measure the grant (whether three miles or three

leagues) to all coastal States.’ Texas failed in its con-

& —

—

COPY BOUND CLOSE IN CENTER

27

tention there, not because “coast line’’ as used in the

Act has two different meanings, but rather because

of the fact that whereas the three-mile measurement

is a minimum (whenever claimed by a State), the

three-league measurement is not a grant, but is rather

a maximum limitation on the historic grant. As the

Court pointed out, in the operative historic grant itself

‘‘the term ‘coast line’ is omitted and in its place the

word ‘boundary’ is used * * *.*? 389 U.S. 155 at 160.

The term “coast line’ in that connection is used only

in imposing the maximum limitation that “in no event

shall the term ‘boundaries’ or the term ‘lands beneath

navigable waters’ be interpreted as extending from

the coast line more than three geographical miles into

the Atlantic Ocean or the Pacific Ocean, or more than

three marine leagues into the Gulf of Mexico.’ Sec-

tion 2(b), supra.

In accordance with our interpretation, our proposed

decree would provide that, with the exceptions pro-

vided by section 5 of the Submerged Lands Act, 43

U.S.C. 1313, Texas is cutitled to all the submerged

lands less than three geographical miles from the pres-

ent, ambulatory coast line, and the United States is

entitled to all the submerged lands more than three

leagues from the same coast line. Between those two

limits, the lands inside Texas’ historic boundary be-

long to Texas, and those outside it belong to the

United States.

While we provide a specific description of the im-

novable 1845/1849 line, we describe the limit three

eagues from the modern coast line only in general

rms. That is because there is not now available a

te

fie

petition niet BAR

28

complete survey of the modern low-water line ade.

quate for the development of a description of the

three-league limit comparable to the description of the

1845/1849 boundary. Since many months will be re.

quired for the completion of such a survey,” it seems

preferable to await a ruling on the relevance of the

line before undertaking that extensive work. More.

over, because the coast of Texas has none of the com-

plexities of the Louisiana coast, we believe there will

be no real basis for disagreement between the parties

in applying the principles announced by the Court in

United States v. California, 381 U.S. 139, should the

decree proposed by the United States be entered by

the Court. Should a dispute subsequently arise over

the correctness of a survey or the application of a

legal principle, presumably a further suppleniental

decree could be sought, under the provision for reten-

tion of jurisdiction.

* This work is done by photogrammetry—that is, by aerial

photographs taken when the sea is exactly at the level of mean

low tide. These are then correlated with maps by use of con-

trol puints, and the water line shown on the photographs is

transferred to the maps. There are only limited times when

the tide reaches the proper stage while there is suitable day-

light for such photography and there is no offshore or on-

shore wind to dislocate the water line. When the necessary con-

ditions do concur, the tide stage lasts only a few minutes. Thus,

photography of an extensive coast. such as that of Texas may

be a protracted operation. Subsequent cartography require

skilled and painstaking work that cannot be done hurriedly or

by mass production methods.

ee

COPY BOUND CLOSE IN CENTER

29

CONCLUSION

For the foregoing reasons, it is submitted that a

decree should be entered in the form herein proposed.

Respectfully.

Erwin N. Griswo1n,

Solicitor General.

CLYDE O. Martz,

Assistant Attorney General.

Lovis F, Ciarporne,

Assistant to the Solicitor General.

Rocer P. Margulis,

GEORGE S. Swarru,

Attorneys.

JuLy 1968.

U.S. GOVERNMENT PRINTING OFFICE 1968

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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