Concurrent State and Federal
Authority Over Public Trust Lands and Waters
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