Difference between revisions of "California State Lands Commission"

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“The commission has exclusive jurisdiction over all ''ungranted'' tidelands and submerged lands owned by the State . . . which have been or may be acquired by the State (a) by Quitclaim, cession, grant, contract, or otherwise from the United States or any agency thereof, or (b) by any other means. All jurisdiction and authority ''remaining'' in the State as to tidelands and submerged lands as to which ''grants'' have been or may be made is vested in the commission.”<ref>§ 6301 (emphasis added)</ref>  The supposed “exclusive jurisdiction” retained by the SLC operates more in the nature of concurrent jurisdiction in most situations, since enactment of the California Coastal Act, empowering the California Coastal Commission, and other state and federal legislation.  Developing oil and gas leases, for example, requires approvals from at least ten different federal and state agencies.<ref>California Coastal Commission, CALIFORNIA OFFSHORE OIL AND GAS LEASING AND DEVELOPMENT STATUS REPORT at ES 8-9, [http://www.coastal.ca.gov/energy/ocs99.pdf]. Although, the granting of new offshore oil and gas leases has not been permitted since the passing of the California Coastal Sanctuary Act of 1994. CAL. PUB. RES. CODE 6240 et seq.</ref>  Only in the case of specific statutory exceptions, such as boundary determinations, does the SLC retain truly exclusive jurisdiction.<ref>''See'' Marks v. Whitney, 491 P.2d 374, 378, (Cal. 1971) (“Section 6357 authorizes the State Lands Commission to establish ordinary low-water mark or ordinary high-water mark by agreement, arbitration or action to quiet title whenever it is deemed expedient or necessary.”);  Burke v. California Coastal Comm'n, 85 Cal. Rptr. 3d 909, 910 (Cal. App. 2 Dist. 2008).</ref>   
 
“The commission has exclusive jurisdiction over all ''ungranted'' tidelands and submerged lands owned by the State . . . which have been or may be acquired by the State (a) by Quitclaim, cession, grant, contract, or otherwise from the United States or any agency thereof, or (b) by any other means. All jurisdiction and authority ''remaining'' in the State as to tidelands and submerged lands as to which ''grants'' have been or may be made is vested in the commission.”<ref>§ 6301 (emphasis added)</ref>  The supposed “exclusive jurisdiction” retained by the SLC operates more in the nature of concurrent jurisdiction in most situations, since enactment of the California Coastal Act, empowering the California Coastal Commission, and other state and federal legislation.  Developing oil and gas leases, for example, requires approvals from at least ten different federal and state agencies.<ref>California Coastal Commission, CALIFORNIA OFFSHORE OIL AND GAS LEASING AND DEVELOPMENT STATUS REPORT at ES 8-9, [http://www.coastal.ca.gov/energy/ocs99.pdf]. Although, the granting of new offshore oil and gas leases has not been permitted since the passing of the California Coastal Sanctuary Act of 1994. CAL. PUB. RES. CODE 6240 et seq.</ref>  Only in the case of specific statutory exceptions, such as boundary determinations, does the SLC retain truly exclusive jurisdiction.<ref>''See'' Marks v. Whitney, 491 P.2d 374, 378, (Cal. 1971) (“Section 6357 authorizes the State Lands Commission to establish ordinary low-water mark or ordinary high-water mark by agreement, arbitration or action to quiet title whenever it is deemed expedient or necessary.”);  Burke v. California Coastal Comm'n, 85 Cal. Rptr. 3d 909, 910 (Cal. App. 2 Dist. 2008).</ref>   
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==State Lands Commission Activities==
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The SLC addresses multiple mission goals across four different divisions.  The [http://www.slc.ca.gov/Division_Pages/Division_Pages_Home_Page.html SLC divisions] are Environmental Planning and Management, Land Management, Marine Facilities, and Mineral Resources Management. The SLC’s goals encompass:
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'''Energy Resources:'''“Exclusive jurisdiction” over all oil and gas development on the State-owned property.<ref>http://www.slc.ca.gov/About_The_CSLC/Energy_Resources.html</ref>  A permit from the SLC is required for any oil and gas development on lands within its jurisdiction..<ref>California Coastal Commission, CALIFORNIA OFFSHORE OIL AND GAS LEASING AND DEVELOPMENT STATUS REPORT at 30, [http://www.coastal.ca.gov/energy/ocs99.pdf].</ref>
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==Notes==  
 
==Notes==  
 
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Revision as of 16:03, 8 July 2011

Introduction

The State Lands Commission (SLC) has jurisdiction over all “sovereign lands,” or lands held in trust by the State of California, including State Reserved Lands and Public School Lands, as well as tidelands, submerged lands three miles off the coast, and water bottoms of various navigable waters and their tributaries.[1] The SLC has jurisdiction to dispose of or lease those lands, but must do so in accordance with California’s Common Law Public Trust Doctrine.[2]

State Lands Commission Background

The State Lands Act of 1938 created the State Lands Commission, and vested in it powers and jurisdiction of the (1) Division of State Lands and of the (2) Department of Finance as a successor to the Surveyor General and State Land Office.[3] Those powers include “the full authority, as provided by law, to administer, sell, lease or dispose of the public lands owned by [California] or under its control, including not only school lands but tidelands, submerged lands, swamp and overflowed lands, and beds of navigable rivers and lakes.”[4] The extent of the submerged lands covered is three miles offshore, per the Submerged Lands Act.[5] “The commission was further authorized to provide for the extraction of minerals and oil and gas from any or all of such lands.”[6]

“The commission has exclusive jurisdiction over all ungranted tidelands and submerged lands owned by the State . . . which have been or may be acquired by the State (a) by Quitclaim, cession, grant, contract, or otherwise from the United States or any agency thereof, or (b) by any other means. All jurisdiction and authority remaining in the State as to tidelands and submerged lands as to which grants have been or may be made is vested in the commission.”[7] The supposed “exclusive jurisdiction” retained by the SLC operates more in the nature of concurrent jurisdiction in most situations, since enactment of the California Coastal Act, empowering the California Coastal Commission, and other state and federal legislation. Developing oil and gas leases, for example, requires approvals from at least ten different federal and state agencies.[8] Only in the case of specific statutory exceptions, such as boundary determinations, does the SLC retain truly exclusive jurisdiction.[9]

State Lands Commission Activities

The SLC addresses multiple mission goals across four different divisions. The SLC divisions are Environmental Planning and Management, Land Management, Marine Facilities, and Mineral Resources Management. The SLC’s goals encompass: Energy Resources:“Exclusive jurisdiction” over all oil and gas development on the State-owned property.[10] A permit from the SLC is required for any oil and gas development on lands within its jurisdiction..[11]


Notes

  1. This overlaps with the Coastal Zone jurisdiction granted to the California Coastal Commission.
  2. http://www.slc.ca.gov/Reports/SEA_LEVEL_Report.pdf
  3. Cal. Pub. Res. Code § 6216(a) (2010).
  4. Cal. Pub. Res. Code §§ 6216(a), 6301.
  5. 43 U.S.C. § 1311(a) (2008); James v. State, 950 P.2d 1130, 1134 (Alaska 1997). “Coastal undersea lands were held in United States v. California, 332 U.S. 19, 67 S.Ct. 1658, 91 L.Ed. 1889 (1947), to belong to the United States. In 1953 Congress passed the Submerged Lands Act, which nullified the effect of that decision and ‘recognized, confirmed, established, and vested in, and assigned to the respective States’ title to submerged lands. 43 U.S.C. § 1311(a) (1994). Under the Submerged Lands Act a state receives title to submerged lands unless the United States has ‘expressly retained’ them. 43 U.S.C. § 1313(a) (1994).” Id.
  6. § 6216(a)
  7. § 6301 (emphasis added)
  8. California Coastal Commission, CALIFORNIA OFFSHORE OIL AND GAS LEASING AND DEVELOPMENT STATUS REPORT at ES 8-9, [1]. Although, the granting of new offshore oil and gas leases has not been permitted since the passing of the California Coastal Sanctuary Act of 1994. CAL. PUB. RES. CODE 6240 et seq.
  9. See Marks v. Whitney, 491 P.2d 374, 378, (Cal. 1971) (“Section 6357 authorizes the State Lands Commission to establish ordinary low-water mark or ordinary high-water mark by agreement, arbitration or action to quiet title whenever it is deemed expedient or necessary.”); Burke v. California Coastal Comm'n, 85 Cal. Rptr. 3d 909, 910 (Cal. App. 2 Dist. 2008).
  10. http://www.slc.ca.gov/About_The_CSLC/Energy_Resources.html
  11. California Coastal Commission, CALIFORNIA OFFSHORE OIL AND GAS LEASING AND DEVELOPMENT STATUS REPORT at 30, [2].