Coastal Services Center

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Concurrent State and Federal Authority Over Public Trust Lands and Waters

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Module Description

This module details the extent of federal authority under the navigational servitude and its property-based powers.

Module Objectives

After completing this module, you will be able to

• Describe how the federal and state governments exercise concurrent authority over Public Trust interests
• Define “federal navigational servitude” and explain both its scope and limitations
• Discuss the concepts of federal supremacy, preemption, and sovereign immunity
• List the federal government’s property-based powers that apply to Public Trust lands, as well as the limitations on those powers
• Explain how the Coastal Zone Management Act of 1972 (CZMA) can be utilized to ensure that federal activities, licenses, and permits are consistent with state Public Trust policies