United States v. Louisiana, 9

Decision Date26 February 1985
Docket NumberO,No. 9,9
Citation470 U.S. 93,84 L.Ed.2d 73,105 S.Ct. 1074
PartiesUNITED STATES v. LOUISIANA et al. (Alabama and Mississippi Boundary Case). rig
CourtU.S. Supreme Court
Syllabus

This case involves the issue whether Mississippi Sound, a body of water immediately south of the mainland of Alabama and Mississippi, consists of inland waters, so as to establish in those States, rather than in the United States, ownership of the lands submerged under the Sound. Following extended proceedings, the Special Master filed a Report in which he concluded, inter alia, that the whole of Mississippi Sound qualifies as a historic bay under the Convention on the Territorial Sea and the Contiguous Zone (Convention) and thus constitutes inland waters. Accordingly, he recommended that a decree be entered in favor of Alabama and Mississippi. The United States filed exceptions.

Held: On the record, the Special Master correctly determined that the whole of Mississippi Sound is a historic bay and that its waters therefore are inland waters. Pp. 101-115.

(a) While the term "historic bay" is not defined in the Convention, this Court has stated that a historic bay is a bay "over which a coastal nation has traditionally asserted and maintained dominion with the acquiescence of foreign nations." United States v. California, 381 U.S. 139, 172, 85 S.Ct. 1401, 1419, 14 L.Ed.2d 296. The facts in this case establish that the United States effectively has exercised sovereignty over Mississippi Sound as inland waters from the time of the Louisiana Purchase in 1803 until 1971, and has done so without protest by foreign nations. Pp. 101-111.

(b) Since historic title to Mississippi Sound as inland waters had ripened prior to the United States' disclaimer of the inland-waters status of the Sound in 1971, that disclaimer was insufficient to divest the States of their entitlement to the submerged lands under the Sound. And although the record does not contain evidence of acts of exclusion from the Sound of foreign navigation in innocent passage, such evidence is not invariably essential to a valid claim of historic inland-water status. Pp. 111-115.

Exception of United States to Special Master's recommended ruling that the whole of Mississippi Sound constitutes historic inland waters overruled, and Special Master's Report to that extent confirmed.

Louis F. Claiborne, Washington, D.C., for plaintiff.

Jim R. Bruce, Sp. Asst. Atty. Gen., Jackson, Miss., for defendant State of Miss.

Benjamin Cohen, Asst. Atty. Gen., Montgomery, Ala., for defendant State of Ala.

Justice BLACKMUN delivered the opinion of the Court.

This is the latest chapter in the long-lasting litigation between the Federal Government and the States of the Gulf Coast concerning ownership of the seabed, minerals, and other natural resources underlying the Gulf of Mexico. The particular and narrow issue presented here is whether the waters of Mississippi Sound are inland waters. If the Sound constitutes inland waters, as the States of Alabama and Mississippi contend, then these States own the lands submerged under the Sound. If the Sound in substantial part does not constitute inland waters, as the Government contends, then the United States owns the lands submerged under several "enclaves" of high seas within the Sound. We conclude that Mississippi Sound qualifies as a historic bay, and that the waters of the Sound, therefore, are inland waters.

I

The Submerged Lands Act of 1953, 67 Stat. 29, 43 U.S.C. § 1301 et seq., confirms to each State title to and ownership of the lands beneath navigable waters within the State's boundaries. § 1311(a). The Act also confirms in each coastal State a seaward boundary three geographical miles distant from its coastline. § 1312. A State bordering on the Gulf of Mexico, however, may be entitled to a historic seaward boundary beyond three geographical miles and up to three marine leagues (approximately nine geographical miles) distant from its coastline. §§ 1301(b), 1312. The Act defines the term "coast line" as "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." § 1301(c). The first part of this definition is relatively easy to apply. The second part—requiring determination of "the line marking the seaward limit of inland waters"—is more difficult to apply because the term "inland waters" is not defined in the Act.

In United States v. Louisiana, 363 U.S. 1, 80 S.Ct. 961, 4 L.Ed.2d 1025 (1960), this Court determined, among other things, that the States of Alabama and Mississippi are not entitled under the Submerged Lands Act to a historic seaward boundary three marine leagues distant from their coastlines. Rather, the Court held, these two States are entitled, as against the United States, to all the lands, minerals, and other natural resources underlying the Gulf of Mexico, extending seaward from their coastlines for a distance of no more than three geographical miles. Id., at 79-82, 83, 80 S.Ct., at 1004-1006, 1007, (opinion); United States v. Louisiana, 364 U.S. 502, 503, 81 S.Ct. 258, 5 L.Ed.2d 247 (1960) (decree). The Court, however, did not express any opinion as to the precise location of the coastline from which the 3-mile belt is to be measured. 363 U.S., at 82, nn. 135 and 139, 80 S.Ct., at 1006, nn. 135 and 139. The Court merely noted, in accordance with the above-mentioned definition in § 2(c) of the Submerged Lands Act, 43 U.S.C. § 1301(c), that "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." 364 U.S., at 503, 81 S.Ct., at 259. See also 363 U.S., at 83, 80 S.Ct., at 1007. The Court retained jurisdiction to entertain further proceedings, including proceedings to resolve any dispute in locating the relevant coastline. Ibid.; 364 U.S., at 504, 81 S.Ct., at 259.

As has been noted, locating the coastline requires the determination of the seaward limit of "inland waters." Following the Court's decision in United States v. Louisiana, a disagreement arose between the United States and the States of Alabama and Mississippi concerning the status of Mississippi Sound as inland waters. The Sound is a body of water immediately south of the mainland of the two States. It extends from Lake Borgne at the west to Mobile Bay at the east, and is bounded on the south by a line of barrier islands. These islands, from west to east, are Isle au Pitre, Cat Island, Ship Island, Horn Island, Petit Bois Island, and Dauphin Island. The Sound is approximately 80 miles long and 10 miles wide.

The two States contend that the whole of Mississippi Sound constitutes "inland waters." Under this view, the coastline of the States consists of the lines of ordinary low water along the southern coasts of the barrier islands together with appropriate lines connecting the barrier islands. These latter lines mark the seaward limit of Mississippi Sound. The United States, on the other hand, denies the inland-water status of Mississippi Sound. Under its view, the coastline of the States generally consists of the lines of ordinary low water along the southern mainland and around each of the barrier islands.1

Under the States' view, then, the states own all the lands underlying Mississippi Sound, as well as the lands underlying the Gulf of Mexico extending seaward for a distance of three geographical miles from the southern coasts of the barrier islands and the lines connecting those islands. Under the United States' view, on the other hand, the States own only those lands underlying Mississippi Sound and the Gulf of Mexico that are within three geographical miles of the mainland coast or of the coasts of the barrier islands. There are several areas within Mississippi Sound that are more than three miles from any point on these coasts. Under the United States' view, those areas constitute "enclaves" or pockets of high seas, and the lands underlying them belong to the United States.

To resolve this dispute over the inland-water status of Mississippi Sound, the two States and the United States filed motions and cross-motions for the entry of a supplemental decree. The Court referred these pleadings to its Special Master, the Honorable Walter P. Armstrong, Jr., who already had been appointed in United States v. Louisiana (Louisiana Boundary Case ), 394 U.S. 11, 89 S.Ct. 773, 22 L.Ed.2d 44 (1969). See 444 U.S. 1064, 100 S.Ct. 1004, 62 L.Ed.2d 746 (1980); 445 U.S. 923, 100 S.Ct. 1306, 63 L.Ed.2d 755 (1980). See also 457 U.S. 1115, 102 S.Ct. 2922, 73 L.Ed.2d 1327 (1982). Following extended proceedings, the Special Master has submitted his Report to this Court.

II

As noted above, the Submerged Lands Act employs but does not define the term "inland waters." In United States v. California, 381 U.S. 139, 161-167, 85 S.Ct. 1401, 1414-1417, 14 L.Ed.2d 296 (1965), this Court observed that Congress had left to the Court the task of defining "inland waters" for purposes of the Submerged Lands Act. The Court for those purposes has adopted the definitions provided in the Convention on the Territorial Sea and the Contiguous Zone, [1964] 15 U.S.T. (pt. 2) 1607, T.I.A.S. No. 5639 (the Convention). 381 U.S., at 165, 85 S.Ct., at 1415. See also Louisiana Boundary Case, 394 U.S., at 35, 89 S.Ct., at 787; United States v. Maine (Rhode Island and New York Boundary Case), 469 U.S. 504, 513, 105 S.Ct. 992, 998, 83 L.Ed.2d 998 (1985).

The Convention, however, uses terminology differing somewhat from the terminology of the Submerged Lands Act. In particular, the Convention uses the term "baseline" to refer to the "coast line," and it uses the term "territorial sea" to refer to the 3-geographical-mile belt extending seaward from the coastline. The territorial sea is one of the three zones into which, in international law, the sea is...

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