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Regular Session, 2011
SENATE BILL NO. 145
BY SENATOR CLAITOR
Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.
COASTAL RESOURCES. Provides relative to the gulfward boundary and coastline of
Louisiana. (8/15/11)
AN ACT1
To amend and reenact R.S. 49:1 and 2, and to enact R.S. 49:3.1, relative to the gulfward2
boundary and coastline of Louisiana; to provide for such gulfward boundary and3
coastline; to provide relative to state ownership and sovereignty; to provide certain4
definitions, terms, conditions, and requirements; to provide relative to legislative5
intent and purpose; and to provide for related matters.6
Be it enacted by the Legislature of Louisiana:7
Section 1. R.S. 49:1 and 2 are hereby amended and reenacted, and R.S. 49:3.1 is8
hereby enacted, to read as follows: 9
§1. Gulfward boundary10
A. The historic gulfward boundary of the state of Louisiana extends a11
distance into the Gulf of Mexico 3 marine leagues from coast the coastline.12
The coast or coast line of the state of Louisiana is accepted and approved as13
designated and defined in accordance with applicable Acts of Congress, as follows14
: From Ship Island Lighthouse to Chandeleuer Lighthouse; thence in a curved line15
following the general trend of the seaward, high-water shore lines of the Chandeleuer16
Islands to the Southwesternmost extremity of Errol Shoal; thence to Pass-a-Loutre17 SB NO. 145
SLS 11RS-56 ORIGINAL
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words in boldface type and underscored are additions.
lighted whistle buoy 4 to South Pass Lighted whistle buoy 2; thence to Southwest1
Pass entrance midchannel lighted whistle buoy; thence to Ship Shoal lighthouse;2
thence to Calcasieu Pass lighted whistle buoy 1; thence to Sabine Pass lighted3
whistle buoy 1, as designated and defined under authority of the Act of Congress of4
February 19, 1895, 28 Stat. 672, 33 U.S.C. 151 as amended, and as is shown on the5
attached chart showing the coast line of the state marked thus ______ and showing6
the State gulfward boundary by a solid line 3 marine leagues from coast, which chart7
shall be paraphed by the Speaker of the House of Representatives, the President of8
the Senate and by the Governor to be identified herewith.9
B. The coastline of Louisiana shall be the line of ordinary low water10
along that portion of the coast which is in direct contact with the open sea and11
the line marking the seaward limit of inland waters, and shall be not less than12
the baseline defined by the coordinates set forth in United States v. Louisiana,13
422 U.S. 13 (1975), Exhibit "A".14
C. No provision of this Section shall be construed to relinquish any15
dominion, sovereignty, territory, property, or rights of the state of Louisiana or16
its political subdivisions otherwise provided by law.17
§2. Sovereignty over waters within boundaries18
A. Subject to the right of the government of the United States to regulate19
foreign and interstate commerce under Section 8 of Article 1 of the Constitution of20
the United States, and to the power of the government of the United States over cases21
of admiralty and maritime jurisdiction under Section 2 of Article 3 of the22
Constitution of the United States, the State of Louisiana has full sovereignty over all23
of the waters of the Gulf of Mexico and of the arms of the Gulf of Mexico within the24
boundaries of Louisiana, and over the beds and shores of the Gulf and all arms of the25
Gulf within the boundaries of Louisiana.26
B. The State of Louisiana shall be entitled to all the lands, minerals and27
other natural resources underlying the Gulf of Mexico, extending seaward from28
its coastline for a distance of three marine leagues.29 SB NO. 145
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* * *1
§3.1 Legislative intent and purpose2
A. The gulfward boundary of the state of Louisiana historically consists3
of three marine leagues, and it is the intent of the Legislature of Louisiana that4
this historic gulfward boundary be recognized and enforced as law.5
B. The unequal gulfward boundaries of Gulf Coast states set forth by the6
United States Supreme Court in United States of America v. States of Louisiana,7
Texas, Mississippi, Alabama, and Florida, 363 U.S. 1 (1960), have resulted in (1)8
economic disparity and hardship for Louisiana citizens and entities; (2)9
economic loss to the state of Louisiana and its political subdivisions; and (3) the10
inability of the state of Louisiana and its political subdivisions to fully exercise11
their powers and duties under the federal and state constitutions and state laws12
and ordinances, including but not limited to protection and restoration of13
coastal lands, waters, and natural resources, and regulation of activities14
affecting them.15
C. It is the further intent of the Legislature of Louisiana that, in light of16
the continuing effects of coastal erosion, subsidence, and land loss, the coastline17
of Louisiana should be recognized as consisting of at least and not less than that18
coastline defined by the coordinates set forth in United States v. Louisiana, 42219
U.S. 13 (1975), Exhibit "A".20
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Jerry G. Jones.
DIGEST
Present law, enacted in 1954, relative to gulfward boundary and coastline of Louisiana
provides that the historic gulfward boundary of the state of Louisiana extends a distance into
the Gulf of Mexico 3 marine leagues from the coast.
Proposed law provides that the historic gulfward boundary of the state of Louisiana extends
a distance into the Gulf of Mexico 3 marine leagues from the coastline.
Present law provides that the coast or coast line of the state of Louisiana is accepted and
approved as designated and defined in accordance with applicable Acts of Congress, as
follows : From Ship Island Lighthouse to Chandeleuer Lighthouse; thence in a curved line
following the general trend of the seaward, high-water shore lines of the Chandeleuer Islands
to the Southwesternmost extremity of Errol Shoal; thence to Pass-a-Loutre lighted whistle SB NO. 145
SLS 11RS-56 ORIGINAL
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
buoy 4 to South Pass Lighted whistle buoy 2; thence to Southwest Pass entrance midchannel
lighted whistle buoy; thence to Ship Shoal lighthouse; thence to Calcasieu Pass lighted
whistle buoy 1; thence to Sabine Pass lighted whistle buoy 1, as designated and defined
under authority of the Act of Congress of February 19, 1895, 28 Stat. 672, 33 U.S.C. 151 as
amended, and as is shown on the attached chart showing the coast line of the state marked
thus ______ and showing the State gulfward boundary by a solid line 3 marine leagues from
coast, which chart shall be paraphed by the Speaker of the House of Representatives, the
President of the Senate and by the Governor to be identified herewith.
Proposed law provides that the coastline of Louisiana shall be 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, and shall be not less than the baseline defined
by the coordinates set forth in United States v. Louisiana, 422 U.S. 13 (1975), Exhibit "A".
Proposed law further provides that no provision of the proposed law shall be construed to
relinquish any dominion, sovereignty, territory, property, or rights of the state of Louisiana
or its political subdivisions otherwise provided by law.
Present law provides that subject to the right of the government of the United States to
regulate foreign and interstate commerce under Section 8 of Article 1 of the Constitution of
the United States, and to the power of the government of the United States over cases of
admiralty and maritime jurisdiction under Section 2 of Article 3 of the Constitution of the
United States, the State of Louisiana has full sovereignty over all of the waters of the Gulf
of Mexico and of the arms of the Gulf of Mexico within the boundaries of Louisiana, and
over the beds and shores of the Gulf and all arms of the Gulf within the boundaries of
Louisiana.
Proposed law retains present law and adds that the state of Louisiana shall be entitled to all
the lands, minerals and other natural resources underlying the Gulf of Mexico, extending
seaward from its coastline for a distance of three marine leagues.
Proposed law further provides that:
(a)The gulfward boundary of the state of Louisiana historically consists of three marine
leagues, and it is the intent of the Legislature of Louisiana that this historic gulfward
boundary be recognized and enforced as law.
(b)The unequal gulfward boundaries of Gulf Coast states set forth by the United States
Supreme Court in United States of America v. States of Louisiana, Texas,
Mississippi, Alabama, and Florida, 363 U.S. 1 (1960), have resulted in (1) economic
disparity and hardship for Louisiana citizens and entities; (2) economic loss to the
state of Louisiana and its political subdivisions; and (3) the inability of the state of
Louisiana and its political subdivisions to fully exercise their powers and duties
under the federal and state constitutions and state laws and ordinances, including but
not limited to protection and restoration of coastal lands, waters, and natural
resources, and regulation of activities affecting them.
(c)It is the further intent of the Legislature of Louisiana that, in light of the continuing
effects of coastal erosion, subsidence, and land loss, the coastline of Louisiana
should be recognized as consisting of at least and not less than that coastline defined
by the coordinates set forth in United States v. Louisiana, 422 U.S. 13 (1975),
Exhibit "A".
Effective August 15, 2011.
(Amends R.S. 49:1 and 2; adds R.S. 49: 3.1)