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RESOLUTION N0. 3930 <br />1 A RESOLUTION OF THE CITY COUNCIL OF THE <br />CITY OF NEWPORT BEACH, CALIFORAIA, PETITIONING <br />2 THE CONOR ^SS OF THE UITED STATES TO ACT FA- <br />VORABLY UPON AND ADOPT SILL S. 940 OR H.R. 4484 <br />• 3 PENDING IN THE 82nd CONGRESS. <br />4 <br />i <br />5 WHEREAS, the several states, their grantees, and others acting pursuant <br />6 to the authority granted by said states since July 4, 1776, or since the for - <br />7 maticn of said states and their admission to the Union. have exercised full <br />8 powers of ownership of all lands beneath navigable waters within their respec- <br />9 tive boundaries and all natural resources, including fish and marine life Within <br />10 state lands and waters, and full coatrol'of said natural resources with the full <br />11 acquiescence and approval of the United States, and in accordance with many pro - <br />12 InOuncsmsnts of the Supreme Court of the United States and decisions of the execu- <br />13 tive departments of the Federal,Government that such lands and resources were <br />14 I vested in the respective,states as an incident to state sovereignty, and the <br />15 exercise of such powers of ownership and control has not in the past impaired or <br />16 interfered with, and will not - impair or interfere With, the exercise by the Fed - <br />17 eral Government of its constitutional powers in relation to said lands and navi- <br />18 gable waters and to the control and regulation of commerce, navigation, national <br />19 defense and international relationst and <br />20 WHEREAS, the several states, their grantees and persons acting pursuant <br />21 to said authority granted by said authority granted by said states, including <br />22 many municipalities and public port authorities, have expended enormous sums of <br />23 money on improving and reclaiming said lands and developing the natural resources <br />24 in said lands and waters in full reliance upoln the validity of their titles= and <br />25 WREREAS, in the cases of the United States vs. California, United States <br />26 vs. Texas and United States vs. Louisiana, the Supreme Court of the United States <br />27 held that the Federal Government is possessed of paramount rights in and full do- <br />28 minion and power over lands, minerals and other things underlying the so- called <br />29 marginal sea, and thereby made a distinction between said so- called marginal sea <br />30 on the one hand and bays, ports, harbors and Other inland navigable waters on the <br />31 other, and has refused to apply the marginal sea rules of ownership which it has <br />32 erstofore applied to bays, ports, harbors and other inland waters, and held that <br />-1- <br />