Federal-State Maritime Boundary Issues (CRS Report for Congress)
Premium Purchase PDF for $24.95 (21 pages)
add to cart or
subscribe for unlimited access
Pro Premium subscribers have free access to our full library of CRS reports.
Subscribe today, or
request a demo to learn more.
| Release Date |
May 5, 2005 |
| Report Number |
RL32912 |
| Report Type |
Report |
| Authors |
Laura K. Welles and Eugene H. Buck, Resources, Sciences, and Industry Division; and Aaron M. Flynn, American Law Division |
| Source Agency |
Congressional Research Service |
Summary:
Over the last few decades, new uses for coastal and offshore areas have emerged, including
aquaculture and renewable energy (wind, wave, and tidal), while more traditional uses, such as
commercial fishing and oil and gas development on the Outer Continental Shelf, have continued to
flourish. As technologies improve, companies may increasingly seek to move activities farther
offshore and to expand resource development in both state and federal waters. Various interests
argue over which policies and regulations will best minimize conflicts between competing offshore
resource users while effectively safeguarding already crowded coastal areas from further
development.
An issue that is fundamental to the regulation of offshore activities is determining which level
of government has primary jurisdiction over particular offshore areas. Who has jurisdiction depends,
in part, upon the federal-state maritime boundaries. Unlike most countries, the U.S. federal
government shares jurisdiction over its 12-mile (nautical) territorial sea with its coastal states. The
1953 Submerged Lands Act (SLA) generally gives coastal states title to the submerged lands, waters,
and natural resources located within three nautical miles of the coastline. The waters, seabed, and
natural resources beyond these three miles belong to the federal government. Identifying where a
federal-state maritime boundary lies is not always an easy task.
Federal-state maritime boundaries are represented on nautical charts published by the National
Ocean Service, part of the National Oceanic and Atmospheric Administration (NOAA). These
charts reflect the federal government's official position on where U.S. maritime boundaries (federal
and state) are located. Determining the baseline from which federal-state maritime boundaries are
determined can be difficult, depending on the geography of the coast. International law, which
guides U.S. practice, recognizes different methods for locating a coastal baseline in such
circumstances.
The U.S. has traditionally applied a measurement standard that minimizes the extent of state
offshore waters. But while setting maritime boundaries is primarily a federal prerogative, states have
continued to challenge the National Ocean Service charts. When a U.S. coastal state disagrees with
the federal government's position on its maritime boundary, the courts have been called upon to
resolve the dispute, often the U.S. Supreme Court under its original jurisdiction under article III of
the Constitution.
Congress also may become more involved in maritime boundary and jurisdiction issues as the
pace of offshore development increases, and legislation to address some of these issues, such as
S. 735 , has been introduced in the 109th Congress. This report will be updated as
circumstances warrant.
