2016 First Extraordinary Session ENROLLED
SENATE CONCURRENT RESOL UTION NO. 4
BY SENATORS CLAITOR, ALARIO, ALLAIN, APPEL, BARROW, BISHOP,
BOUDREAUX, BROWN, CHABERT, COLOMB, CORTEZ,
DONAHUE, ERDEY, FANNIN, GATTI, HEWITT, LAMBERT, LONG,
LUNEAU, MILKOVICH, MILLS, MIZELL, MORRELL, MORRISH,
PEACOCK, PERRY, RISER, GARY SMITH, JOHN SMITH,
THOMPSON, WALSWORTH, WARD AND WHITE
A CONCURRENT RESOL UTION
To memorialize the Congress of the United States to extend Louisiana's seaward boundary
in the Gulf of Mexico to three marine leagues.
WHEREAS, in United States of America v. States of Louisiana, Texas, Mississippi,
Alabama, and Florida, 363 U.S. 1 (1960), the seaward boundary of the state of Louisiana
in the Gulf of Mexico was judicially determined by the United States Supreme Court to be
three geographical miles, despite evidence showing that Louisiana's seaward boundary
historically consisted instead of three marine leagues, a distance equal to nine geographic
miles or 10.357 statute miles; and
WHEREAS, the seaward boundaries in the Gulf of Mexico for the states of Texas
and Florida were determined to be three marine leagues; and
WHEREAS, the unequal seaward boundary imposed upon Louisiana has 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; and
WHEREAS, in recognition of all of the above the Legislature of Louisiana in the
2011 Regular Session enacted Act No. 336, which amended Louisiana statutes to provide
that the seaward boundary of the state of Louisiana extends a distance into the Gulf of
Mexico of three marine leagues from the coastline, and further defines "three marine
leagues" as equal to nine geographic miles or 10.357 statute miles; and
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WHEREAS, Act No. 336 further provides that the jurisdiction of the state of
Louisiana or any political subdivision thereof shall not extend to the boundaries recognized
in such Act until the United States Congress acknowledges the boundary described therein
by an Act of Congress or any litigation resulting from the passage of Act No. 336 with
respect to the legal boundary of the state is resolved and a final nonappealable judgment is
rendered; and
WHEREAS, through the federal Submerged Lands Act of 1953, Congress has the
power to fix the unequal disparity of the lesser seaward boundary forced upon Louisiana by
recognizing and approving that Louisiana's seaward boundary extends three marine leagues
into the Gulf of Mexico; and
WHEREAS, as shown by the national impact of natural and manmade disasters such
as hurricanes Katrina and Rita in 2005 and the Deepwater Horizon BP Oil Spill in 2010, the
seaward boundary of Louisiana is vital to the economy and well-being of the entire United
States, since among other benefits the Louisiana coastal area: (1) serves as both host and
corridor for significant energy and commercial development and transportation; (2) serves
as a storm and marine forces buffer protecting ports and the vast infrastructure of nationally
significant oil and gas facilities located in such area; (3) provides critical environmental,
ecological, ecosystem, and fish, waterfowl, and wildlife habitat functions; (4) provides
protection from storms for more than 400 million tons of water-borne commerce; and (5)
offers recreational and eco-tourism opportunities and industries that are known and
appreciated throughout the world; and
WHEREAS, the Louisiana coastal area accounts for 80% of the nation's coastal land
loss, with its valuable wetlands disappearing at a dramatically high rate of between 25-35
square miles per year; and
WHEREAS, hurricanes Katrina and Rita turned approximately 100 square miles of
southeast Louisiana coastal wetlands into open water, and destroyed more wetlands east of
the Mississippi River in one month than experts estimated to be lost in over 45 years; and
WHEREAS, the economic, environmental, and ecological damage of the Deepwater
Horizon BP Oil Spill is already calculated in terms of billions of dollars, and potential
longer-lasting impacts are still being determined; and
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WHEREAS, adopted in 2006, the federal Gulf of Mexico Energy Security Act
(GOMESA) would provide ongoing revenues to Louisiana from federal oil revenue derived
from gulf leasing and drilling, with the first payment in 2017 estimated to be approximately
$176 million, and with such monies dedicated to coastal restoration, hurricane protection and
coastal infrastructure; and
WHEREAS, despite strenuous objection, efforts are now underway to repeal or
amend GOMESA that would result in depriving Louisiana and other gulf coast states of such
monies; and
WHEREAS, the extension of Louisiana's seaward boundary into the Gulf of Mexico
for three marine leagues will provide a much-needed stream of revenue for use in the state's
ongoing efforts to clean up, rebuild, protect and restore the Louisiana coastal area from
losses suffered due to both natural and manmade disasters, and will benefit both the state and
the entire nation.
THEREFORE, BE IT RESOLVED that the Legislature of Louisiana memorializes
the Congress of the United States to extend Louisiana's seaward boundary in the Gulf of
Mexico to three marine leagues.
BE IT FURTHER RESOLVED that a copy of this Resolution shall be transmitted
to the President of the United States, to the secretary of the United States Senate and the
clerk of the United States House of Representatives, and to each member of the Louisiana
delegation to the United States Congress.
PRESIDENT OF THE SENATE
SPEAKER OF THE HOUSE OF REPRESENTATIVES
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