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Regular Session, 2011 ENROLLED
SENATE BILL NO. 145
BY SENATORS CLAITOR, ADLEY, ALARIO, AMEDEE, APPEL, CHABERT,
DONAHUE, ERDEY, GAUTREAUX, GUILLORY, HEITMEIER,
KOSTELKA, LAFLEUR, LONG, MARTINY, MCPHERSON,
MICHOT, MILLS, MORRELL, MORRISH, MOUNT, MURRAY,
NEVERS, PERRY, SHAW, SMITH, THOMPSON, WALSWORTH
AND WILLARD-LEWIS AND REPRESENTATI VES BOBBY
BADON, BILLIOT, HENRY BURNS, CHAMPAGNE, FOI L,
GISCLAIR, GUINN, HENDERSON, LITTLE AND MORRIS
Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.
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 three marine leagues from coast the coastline.12
For the purposes of this Part, "three marine leagues" is equal to nine13
geographic miles or 10.357 statute miles.14
The coast or coast line of the state of Louisiana is accepted and approved as15
designated and defined in accordance with applicable Acts of Congress, as follows16 SB NO. 145 ENROLLED
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: From Ship Island Lighthouse to Chandeleuer Lighthouse; thence in a curved line1
following the general trend of the seaward, high-water shore lines of the Chandeleuer2
Islands to the Southwesternmost extremity of Errol Shoal; thence to Pass-a-Loutre3
lighted whistle buoy 4 to South Pass Lighted whistle buoy 2; thence to Southwest4
Pass entrance midchannel lighted whistle buoy; thence to Ship Shoal lighthouse;5
thence to Calcasieu Pass lighted whistle buoy 1; thence to Sabine Pass lighted6
whistle buoy 1, as designated and defined under authority of the Act of Congress of7
February 19, 1895, 28 Stat. 672, 33 U.S.C. 151 as amended, and as is shown on the8
attached chart showing the coast line of the state marked thus ______ and showing9
the State gulfward boundary by a solid line 3 marine leagues from coast, which chart10
shall be paraphed by the Speaker of the House of Representatives, the President of11
the Senate and by the Governor to be identified herewith.12
B. The coastline of Louisiana shall be the line of ordinary low water13
along that portion of the coast which is in direct contact with the open sea and14
the line marking the seaward limit of inland waters, and shall be not less than15
the baseline defined by the coordinates set forth in United States v. Louisiana,16
422 U.S. 13 (1975), Exhibit "A". Under no circumstances shall the coastline of17
Louisiana be nearer inland than the baseline established by such coordinates.18
C. No provision of this Section shall be construed to relinquish any19
dominion, sovereignty, territory, property, or rights of the state of Louisiana or20
its political subdivisions otherwise provided by law.21
§2. Sovereignty over waters within boundaries22
A. Subject to the right of the government of the United States to regulate23
foreign and interstate commerce under Section 8 of Article 1 of the Constitution of24
the United States, and to the power of the government of the United States over cases25
of admiralty and maritime jurisdiction under Section 2 of Article 3 of the26
Constitution of the United States, and the powers of the United States Coast27
Guard as provided by law to patrol and protect the navigable waters of the28
United States in the Gulf of Mexico, the State of Louisiana has full sovereignty29
over all of the waters of the Gulf of Mexico and of the arms of the Gulf of Mexico30 SB NO. 145 ENROLLED
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within the boundaries of Louisiana, and over the beds and shores of the Gulf and all1
arms of the Gulf within the boundaries of Louisiana.2
B. The state of Louisiana shall be entitled to all the lands, minerals and3
other natural resources underlying the Gulf of Mexico, extending seaward from4
its coastline for a distance of three marine leagues.5
* * *6
§3.1. Legislative intent and purpose7
A. The gulfward boundary of the state of Louisiana historically consists8
of three marine leagues, and it is the intent of the Legislature of Louisiana that9
this historic gulfward boundary be recognized and enforced as law.10
B. The unequal gulfward boundaries of Gulf Coast states set forth by the11
United States Supreme Court in United States of America v. States of Louisiana,12
Texas, Mississippi, Alabama, and Florida, 363 U.S. 1 (1960), have resulted in (1)13
economic disparity and hardship for Louisiana citizens and entities; (2)14
economic loss to the state of Louisiana and its political subdivisions; and (3) the15
inability of the state of Louisiana and its political subdivisions to fully exercise16
their powers and duties under the federal and state constitutions and state laws17
and ordinances, including but not limited to protection and restoration of18
coastal lands, waters, and natural resources, and regulation of activities19
affecting them.20
C. It is the further intent of the Legislature of Louisiana that, in light of21
the continuing effects of coastal erosion, subsidence, and land loss, the coastline22
of Louisiana should be recognized as consisting of at least and not less than that23
coastline defined by the coordinates set forth in United States v. Louisiana, 42224
U.S. 13 (1975), Exhibit "A".25
D. Notwithstanding any provision of law to the contrary, the jurisdiction26
of the state of Louisiana or any political subdivision thereof shall not extend to27
the boundaries recognized herein until the U.S. Congress acknowledges the28
boundary described herein by an Act of Congress or any litigation resulting29
from the passage of the Act which originated as Senate Bill No. 145 of the 201130 SB NO. 145 ENROLLED
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Regular Session of the Legislature of Louisiana with respect to the legal1
boundary of the state is resolved and a final non-appealable judgment is2
rendered.3
PRESIDENT OF THE SENATE
SPEAKER OF THE HOUSE OF REPRESENTATIVES
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED: