The tidelands and submerged lands conveyed to the city of Long Beach by the State of California in 1911 and 1925, long prior to the discovery of oil in said area, consist of 13,027 acres. All of said tidelands and submerged lands are within the corporate limits of the city, which extend, since the early incorporation of the city, 3 miles from mean high-tide line into San Pedro Bay, bordering the Pacific Ocean.

We wish to present a map entitled "California Coast Line-Point Fermin to Newport Beach," prepared by R. R. Shoemaker, chief engineer of the Long Beach harbor department, upon which is portrayed in colors the 13,027 acres of tidelands and submerged lands previously referred to. Said map also portrays the proposed Government line, which, for all practical purposes, is the line described in a stipulation entered into on July 26, 1947, between Tom C. Clark as Attorney General of the United States, and the attorney general of the State of California, in the case of United States of America v. State of California (No. 12, original), wherein it was stipulated that the United States of America does not claim in said litigation "that part of San Pedro Bay landward of a line drawn from Point Fermin in a northeasterly direction through a point 300 feet due south of the southeasterly extension of the Navy Mole and breakwater to the line of ordinary low tide in the city of Long Beach, Los Angeles County, Calif.," said area constituting inland waters of San Pedro Bay, and that said description of San Pedro Bay is "without prejudice to the right of California to claim" that the line separating said bay from the "3-mile marginal belt" lies farther seaward than the line therein described and that said bay includes a larger water area than therein described.

Of the 13,027 acres only 3,028 lie landward of the Government proposed line, 1,016 of which have been reclaimed and filled, and 2,012 of which constitute navigable water area. Nine thousand nine hundred and ninety-nine acres of the tidelands and submerged lands conveyed to the city within its corporate limits are located outside of and seaward of the Government proposed bay line, 9,847 acres of which constitute navigable-water area and 152 acres of which consist of public-beach area filled and improved by the city of Long Beach for public recreational use. This public-beach area extends 3.9 miles along the bay and ocean front of the city, seaward of the line of ordinary low tide and outside of the Government-proposed bay line. The upland properties immediately adjacent to said beach are improved fully and occupied with some of the best hotels, apartment houses, and residences in the city.

Said map also portrays the Federal breakwater, constructed as a protection for the Long Beach and Los Angeles harbors. Also portrayed on said map is a line designated as "Limit of bay as fixed by United States v. Carrillo (13 F. Supp.-121-)." The Federal Government, in the case of United States v. Carrillo, requested the Federal court to fix the limits of San Pedro Bay by a line drawn from Point Fermin to Point Lausen at Huntington Beach. The Federal court accepted the Government's contentions and fixed the line of San Pedro Bay as described, although mistakenly located Point Lausen at Huntington Beach, whereas Point Lausen is located at Newport further down the coast line. We have also indicated upon said map a line from Point Fermin to Newport Beach, designated as "Probable

Limits of Bay as referred to by Board of Rivers and Harbors, Deep Water Harbor Report. Senate Document 18-55.1 (report refers to Santa Ana River as emptying into San Pedro Bay)." The State of California, in pending proceedings in the case of United States of America v. State of California (No. 12, original), contends for the latter line, that is, Point Fermin to Newport Beach, as the limits of San Pedro Bay as an inland waters area of the State.

Section 3 of Senate Joint Resolution 20 authorizes the Secretary of the Interior to negotiate with the State of California respecting the issuance of new mineral leases covering 9,999 acres of tidelands and submerged lands conveyed to the city by the State and located outside of said Government proposed bay line. This area is portrayed upon said map in white, light blue, and yellow, all within the corporate limits of the city. This authority includes the granting of mineral leases upon 152 acres of filled submerged lands devoted to public beach purposes and extending 3.9 miles along the bay and water front of the city, which area is portrayed upon said map in yellow. The Secretary is authorized to deal with the State regarding the issuance of new leases covering said areas, notwithstanding that the State of California has heretofore conveyed all of its right, title, and interest in said lands to the city of Long Beach. It should be noted that said 9,999 acres of land are the subject of controversy between the United States and the State of California in proceedings now pending before the Supreme Court of the United States as to whether the same constitute submerged lands beneath navigable inland waters.

Section 4 of Senate Joint Resolution 20 authorizes the Secretary of the Interior to grant oil and gas leases to qualified persons offering the highest bonuses, plus the payment of a royalty of not less than 122 percent covering the 9,999 acres previously referred to. Pursuant to this authority the 3.9 miles of filled submerged lands devoted to public-beach purposes, consisting of 152 acres, could be converted into an oil field, including oil well derricks, tanks, and production equipment. This authorization is granted notwithstanding that said 9,999 acres of submerged lands have been granted to the city of the State of California, and all but a small portion of which lie landward of the Federal breakwater and within the area contended by the State of California in pending litigation as a part of San Pedro Bay, and inland waters of the State.

We submit that the Government-proposed line, even to the casual observer, is most unjust, as well as unrealistic, if not, in fact, absurd, as a boundary line of San Pedro Bay. We are most confident that the limits of San Pedro Bay as inland waters will be established by a line drawn and located seaward of the Federal breakwater and the 13,027 acres of tidelands and submerged lands conveyed to the city by the State of California.

The granting of authority under Senate Joint Resolution 20 to the Secretary of Interior, in the manner heretofore noted, may result in the serious impairment of the rights and equities of the city of Long Beach in its ownership and control of the submerged lands heretofore described. Furthermore, the granting of oil and gas leases by the Secreary of the Interior covering said lands would bring about incalculable damage to the city. It is of utmost importance, in the event said lands are to be developed for the production of petroleum products, that the city maintain complete control over such development.

The city council of the city of Long Beach, at its meeting held on February 6, 1951, adopted its Resolution No. C-12838 opposing Senate Joint Resolution 20 and petitioning the Congress to disprove said resolution and reject favorable action thereon. The Board of Harbor Commissioners of the City of Long Beach, at its meeting held on February 5, 1951, adopted its Resolution No. HD-405, likewise opposing Senate Joint Resolution 20 and petitioning the Congress to disprove said resolution and reject favorable action thereon. Copy of each of said resolutions will be filed with the committee.

(NOTE. The two resolutions above referred to are carried in the appendixes.) I refer to a map, Mr. Chairman, portraying an area within the city.

The CHAIRMAN. Pardon me. Mr. French, will you put this map on the board so it may be seen by all the members of the committee. The chairman is familiar with it.

Mr. SMITH. Very briefly, Mr. Chairman, the city is concerned as to the effect of this resolution granting authority to the Secretary of the Interior to grant leases within an area within the city of Long Beach landward of the Federal breakwater, as shown upon this map. There are approximately 10,000 acres of submerged navigable waters and filled beach running about 4 miles along our city ocean front that is in controversy as to whether or not those lands are inland navigable waters.

The CHAIRMAN. Let me ask you to look at your map so that we may make this clear for the record. I am not altogether certain that the map can be reproduced in our hearings because of time; but, if it can be, I shall have it reproduced.

(The map referred to above is herewith inserted.)

The CHAIRMAN. It appears from this map that the Federal breakwater is further seaward than the line which is called the Government-proposed line.

Mr. SMITH. That is correct.

The CHAIRMAN. And that is within the boundaries of the city of Long Beach.

Mr. SMITH. That is right.

The CHAIRMAN. The charter of the city of Long Beach apparently gave the city a limit seaward of the beach, which extends beyond the Government-proposed line and extends slightly beyond the Federal

breakwater.

When I use the word "beyond," I mean seaward. That is correct; is it not?

Mr. SMITH. That is correct.

The CHAIRMAN. With respect to the so-called Government-proposed line on this map, is it not a fact that all of the wells presently drilled by or for or on behalf of the city of Long Beach are on the landward side of that line?

Mr. SMITH. That is correct.

The CHAIRMAN. Do you think that there is anything in this bill which would authorize the Secretary of the Interior to grant any leases whatsoever upon the landward side of that line?

Mr. SMITH. I do not. I think it absolutely does not provide for that.