Sturgeon v. Frost
Sturgeon v. Frost
Opinion
This Court first encountered John Sturgeon's lawsuit three Terms ago. See
Sturgeon
v.
Frost
, 577 U. S. ----,
As we put the matter then, Sturgeon's case raises the issue how much "Alaska is different" from the rest of the country-how much it is "the exception, not the rule."
I
A
We begin, as
Sturgeon I
did, with a slice of Alaskan history. The United States purchased Alaska from Russia in 1867. It thereby acquired "[i]n a single stroke" 365 million acres of land-an area more than twice the size of Texas.
For 90 years after buying Alaska, the Federal Government owned all its land. At first, those living in Alaska-a few settlers and some 30,000 Natives-were hardly aware of that fact. See E. Gruening, The State of Alaska 355 (1968). American citizens mocked the Alaska purchase as Secretary of State "Seward's Folly" and President Johnson's "Polar Bear Garden." They paid no attention to the new area, leading to an "era of total neglect."
Id.,
at 31. But as
Sturgeon I
recounted, the turn of the century brought "newfound recognition of Alaska's economic potential." 577 U. S., at ----,
By the 1950s, Alaskans hankered for both statehood and land-and Congress
*1074
decided to give them both. In pressing for statehood, Alaska's delegate to the House of Representatives lamented that Alaskans were no better than "tenants upon the estate of the national landlord"; and Alaska's Governor (then a Presidential appointee) called on the country to "[e]nd American [c]olonialism." W. Everhart, The National Park Service 126-127 (1983) (Everhart). Ever more aware of Alaska's economic and strategic importance, Congress agreed the time for statehood had come. The 1958 Alaska Statehood Act,
But the State's bonanza provoked land claims from Alaska Natives. Their ancestors had lived in the area for thousands of years, and they asserted aboriginal title to much of the property the State was now taking (and more besides). See Everhart 127. When their demands threatened to impede the trans-Alaska pipeline, Congress stepped in. The Alaska Native Claims Settlement Act of 1971 (ANCSA) extinguished the Natives' aboriginal claims. See
Yet one more land dispute loomed. In addition to settling the Natives' claims, ANCSA directed the Secretary of the Interior (Secretary) to designate, subject to congressional approval, 80 million more acres of federal land for inclusion in the national park, forest, or wildlife systems. See § 1616(d)(2). The Secretary dutifully made his selections, but Congress failed to ratify them within the five-year period ANCSA had set. Rather than let the designations lapse, President Carter invoked another federal law (the 1906 Antiquities Act) to proclaim most of the lands (totaling 56 million acres) national monuments, under the National Park Service's aegis. See 577 U. S., at ----,
And so they were-but not in quite the way President Carter had contemplated. Responding to the uproar his proclamation had set off, Congress enacted a third major *1075 piece of legislation allocating land in Alaska. We thus reach ANILCA, the statute principally in dispute in this case, in which Congress set aside extensive land for national parks and preserves-but on terms different from those governing such areas in the rest of the country.
B
Starting with the statement of purpose in its first section, ANILCA sought to "balance" two goals, often thought conflicting.
ANILCA set aside 104 million acres of federally owned land in Alaska for preservation purposes. See 577 U. S., at ----,
In sketching those units' boundary lines, Congress made an uncommon choice-to follow "topographic or natural features," rather than enclose only federally owned lands. § 3103(b) ; see Brief for Respondents 24 (agreeing that "ANILCA [is] atypical in [this] respect"). In most parks outside Alaska, boundaries surround mainly federal property holdings. "[E]arly national parks were carved out of a larger public domain, in which virtually all land" was federally owned. Sax, Helpless Giants: The National Parks and the Regulation of Private Lands,
Had Congress done nothing more, those inholdings could have become subject to many Park Service rules-the same kind of "restrictive federal regulations" Alaskans had protested in the years leading up to ANILCA (and further back too).
Congress thus acted, as even the Park Service agrees, to give the State and Natives "assurance that their [lands] wouldn't be treated just like" federally owned property. Tr. of Oral Arg. 50. (It is only-though this is quite a large "only"-the nature and extent of that assurance that is in dispute.) The key provision here is Section 103(c), which contains three sentences that may require some re-reading. We quote it first in one block; then provide some definitions; then go over it again a bit more slowly. But still, you should expect to return to this text as you proceed through this opinion.
Section 103(c) provides in full:
"Only those lands within the boundaries of any conservation system unit which are public lands (as such term is defined in this Act) shall be deemed to be included as a portion of such unit. No lands which, before, on, or after [the date of ANILCA's passage], are conveyed to the State, to any Native Corporation, or to any private party shall be subject to the regulations applicable solely to public lands within such units. If the State, a Native Corporation, or other owner desires to convey any such lands, the Secretary may acquire such lands in accordance with applicable law (including this Act), and any such lands shall become part of the unit, and be administered accordingly." § 3103(c).
Now for the promised definitions. The term "land," as found in all three sentences, actually-and crucially for this case-"means lands, waters, and interests therein." § 3102(1). The term "public lands," in the first two sentences, then *1077 means "lands" (including waters and interests therein) "the title to which is in the United States"-except for lands selected for future transfer to the State or Native Corporations (under the Statehood Act or ANCSA). § 3102(2), (3) ; see supra, at 1073 - 1074. "Public lands" are therefore most but not quite all lands (and again, waters and interests) that the Federal Government owns.
Finally, to recap. As explained in
Sturgeon I
, "Section 103(c) draws a distinction between 'public' and 'non-public' lands within the boundaries of conservation system units in Alaska." 577 U. S., at ----,
C
We can now return to John Sturgeon, on his way to a hunting ground alternatively dubbed "Moose Meadows" or "Sturgeon Fork." As recounted above, Sturgeon used to travel by hovercraft up a stretch of the Nation River that lies within the boundaries of the Yukon-Charley Preserve. See
supra,
at 1072. Until one day, three park rangers approached Sturgeon while he was repairing his steering cable and told him he was violating a Park Service rule. According to the specified regulation, "[t]he operation or use of hovercraft is prohibited" on navigable (and some other) waters "located within [a park's] boundaries," without any "regard to ... ownership."
In
Sturgeon I
, we rejected one ground for dismissing Sturgeon's case, but remanded for consideration of two further questions. The District Court and Court of Appeals for the Ninth Circuit had held that even assuming the Nation River is non-public land, the Park Service could enforce its hovercraft ban there. See
The Ninth Circuit never got past the first question because it concluded that the Nation River is "public land[.]" See
And we again granted certiorari. 585 U. S. ----,
II
We first address whether, as the Ninth Circuit found, the Nation River is "public land" under ANILCA. As defined, once again, that term means (almost all) "lands, waters, and interests therein" the "title to which is in the United States."
But the United States does not have "title" (as the just-quoted definition demands) to the Nation River in the ordinary sense. As the Park Service acknowledges, running waters cannot be owned-whether by a government or by a private party. See
FPC v. Niagara Mohawk Power Corp.
,
So the Park Service argues instead that the United States has "title" to an "interest" in the Nation River, under what is called the reserved-water-rights doctrine. See Brief for Respondents 32-37. The canonical statement of that doctrine goes as follows: "[W]hen the Federal Government withdraws its land from the public domain and reserves it for a federal purpose, the Government, by implication, reserves appurtenant water then unappropriated to the extent needed to accomplish the purpose of the reservation."
Cappaert v. United States
,
That argument first raises the question whether it is even possible to hold "title," as ANILCA uses the term, to reserved water rights.
But even assuming so, the Nation River itself would not thereby become "public land" in the way the Park Service argues. Under ANILCA's definition, the "public land" at issue would consist only of the Federal Government's specific "interest" in the River-that is, its reserved water right. § 3102(1), (3). And that reserved right, by its nature, is limited. It does not give the Government plenary authority over the waterway to which it attaches. Rather, the interest merely enables the Government to take or maintain the specific "amount of water"-and "no more"-required to "fulfill the purpose of [its land] reservation."
Cappaert
,
And whatever that volume, the Government's (purported) reserved right could not justify applying the hovercraft rule on the Nation River. That right, to use the Park Service's own phrase, would support a regulation preventing the "depletion or diversion" of waters in the River (up to the amount required to achieve the Yukon-Charley's purposes). Brief for Respondents 34-35. But the hovercraft rule does
*1080
nothing of that kind. A hovercraft moves above the water, on a thin cushion of air produced by downward-directed fans; it does not "deplet[e]" or "diver[t]" any water. Nor has the Park Service explained the hovercraft rule as an effort to protect the Nation River from pollution or other similar harm. To the contrary, that rule is directed against the "sight or sound" of "motorized equipment" in remote locations-concerns not related to safeguarding the water.
III
We thus move on to the second question we posed in
Sturgeon I
, concerning the Park Service's power to regulate even non-public lands and waters within Alaska's system units (or, in our unofficial terminology, national parks). The Service principally relies on that sort of ownership-indifferent authority in defending its decision to expel Sturgeon's hovercraft from the Nation River. See Brief for Respondents 16-18, 25-32. And we can see why. If Sturgeon lived in any other State, his suit would not have a prayer of success. As noted earlier, the Park Service has used its Organic Act authority to ban hovercrafts on navigable waters "located within [a national park's] boundaries" without any "regard to ... ownership."
To understand why, first recall how Section 103(c) grew out of ANILCA's unusual method for drawing park boundaries. See
supra,
at 1075 - 1076. Those lines followed the area's "natural features," rather than (as customary) the Federal Government's property holdings.
Section 103(c)'s first sentence sets out the essential distinction, relating to what qualifies as parkland. It provides, once again, that "[o]nly" the "public lands" (essentially, the federally owned lands) within any system unit's boundaries would be "deemed" a part of that unit. § 3103(c). The non-public lands (everything else) were, by negative implication, "deemed" not a part of the unit-even though within the unit's geographic boundaries. The key word here is "deemed." That term is used in legal materials "[t]o treat (something) as if ... it were really something else." Black's Law Dictionary 504 (10th ed. 2014). Legislators (and other drafters) find the word "useful" when "it is necessary to establish a legal fiction," either by " 'deeming' something to be what it is not" or by " 'deeming' something not to be what it is."
The effect of that exclusion, as Section 103(c)'s second sentence affirms, is to exempt non-public lands, including waters, from the Park Service's ordinary regulatory authority. Recall that the Organic Act pegs that authority to system units. See
supra,
at 1075. The Service may issue rules thought "necessary or proper" for "System units."
And for that reason, Section 103(c)'s third sentence provides a kind of escape hatch-for times when the Park Service believes regulation of the inholdings is needed. In that event, "the Secretary may acquire such lands" from "the State, a Native Corporation, or other owner." § 3103(c). (As noted earlier, facilitating those acquisitions was one reason Congress put non-federal lands inside park boundaries in the first instance. See supra, at 1075.) When the Secretary makes such a purchase, the newly federal land "become[s] part of the [system] unit." § 3101(c). And the Park Service may then "administer[ ]" the land just as it does (in the second sentence's phrase) the other "public lands within such units." Ibid. In thus providing a way out of the Section's first two sentences, the third underlines what they are doing: insulating the state, Native, or private lands that ANILCA enclosed in national parks from new and unexpected regulation. In sum, those lands may be regulated only as they could have been before ANILCA's enactment, unless and until bought by the Federal Government.
The Park Service interprets Section 103(c) differently, relying wholly on its second sentence and mostly on the single word "solely" there. True enough, the Service acknowledges, that anxiety about how it would regulate inholdings was "really what drove [Section] 103(c)." Tr. of Oral Arg. 46; see
supra,
at 1076, 1080. But still, the Service argues, the Section's second sentence exempts those non-public lands from only "one particular class of Park Service regulations"-to wit, rules " 'applicable
solely to public lands
.' " Brief for Respondents 30 (quoting and adding emphasis
*1083
to § 3103(c) ). In other words, if a Park Service regulation on its face applies only ("solely") to public lands, then the regulation shall not apply to a park's non-public lands. But if instead the regulation covers public and non-public lands alike, then the second sentence has nothing to say: The regulation can indeed cover both. See
ibid.
The Park Service labels that sentence a "tailored limitation" on its authority over inholdings.
Ibid.
And it concludes that the sentence has no bearing on the hovercraft rule, which expressly applies "without regard to ... ownership."
But on the Park Service's view, Section 103(c)'s second sentence is a mere truism, not any kind of limitation (however "tailored"). Once again: It tells Alaskans, so the Park Service says, that rules applying only to public lands ... will apply only to public lands. And that rules applying to both public and non-public lands ... will apply to both. (Or, to say the same thing, but with approximate statutory definitions plugged in: It tells Alaskans that rules applying only to the Federal Government's lands ... will apply only to the Federal Government's lands. And that rules applying to federal, state, Native, and private lands alike ... will apply to them all.) In short, under the Park Service's reading, Section 103(c)'s second sentence does nothing but state the obvious. Its supposed exemption does not in fact exempt anyone from anything to which they would otherwise be subject. Remove the sentence from ANILCA and everything would be precisely the same. For it curtails none of the Service's ordinary regulatory authority over inholdings. 7
And more: The Park Service's reading of Section 103(c)'s second sentence also strips the first and third sentences of their core functions. Under the Service's approach, the first sentence's "deeming" has no point. There is no reason to pretend that inholdings are not part of a park if they can still be regulated as parklands. Nor is there a need to create a special legal fiction if the end result is to treat Alaskan inholdings no differently from those in the rest of the country. And similarly, the third sentence's acquisition option has far less utility if the Service has its full regulatory authority over lands the Federal Government does not own. Why cough up money to "administer[ ]" property as "part of the [system] unit" unless doing so makes a real difference, by removing a regulatory exemption otherwise in effect? The Service's reading effectively turns the whole of Section 103(c) into an inkblot.
And still more (if implicit in all the above): That construction would undermine ANILCA's grand bargain. Recall that ANILCA announced its Janus-faced nature in its statement of purpose, reflecting the century-long struggle over federal
*1084
regulation of Alaska's resources. See
supra,
at 1073 - 1075. In that opening section, ANILCA spoke about safeguarding "natural, scenic, historic[,] recreational, and wildlife values."
The word "solely" in Section 103(c)'s second sentence does not support that kind of statute-gutting. We do not gainsay that the Park Service has identified a grammatically possible way of viewing that word's function: as pinpointing a narrow class of the Service's regulations (those "solely applicable to public lands").
8
But that reading, for all the reasons just stated, is "ultimately inconsistent" with the "text and context of the statute."
Sturgeon I
, 577 U. S., at ----,
*1085 The legislative history (for those who consider it) confirms, with unusual clarity, all we have said so far. The Senate Report notes that state, Native, and private lands in the new Alaskan parks would be subject to "[f]ederal laws and regulations of general applicability," such as "the Clean Air Act, the Water Pollution Control Act, [and] U. S. Army Corps of Engineers wetlands regulations." S. Rep. No. 96-413, p. 303 (1980). But that would not be so of regulations applying only to parks. The Senate Report states:
"Those private lands, and those public lands owned by the State of Alaska or a subordinate political entity, are not to be construed as subject to the management regulations which may be adopted to manage and administer any national conservation system unit which is adjacent to, or surrounds, the private or non-Federal public lands." Ibid.
The sponsor of Section 103(c) in the House of Representatives described that provision's effect in similar terms. The section was designed, he observed, to ensure that ANILCA's new boundary lines would "not in any way change the status" of the state, Native, and private lands placed within them. 125 Cong. Rec. 11158 (1979) (statement of Rep. Seiberling). Those lands, he continued, "are not parts of th[e system] unit and are not subject to regulations which are applied" by virtue of being "part of the unit." Ibid. In short, whatever the new map might suggest, they are not subject to regulation as parkland.
We thus arrive again at the conclusion that the Park Service may not prevent John Sturgeon from driving his hovercraft on the Nation River. We held in an earlier part of this opinion that the Nation is not public land. See supra, at 1078 - 1080. And here we hold that it cannot be regulated as if it were. Park Service regulations-like the hovercraft rule-do not apply to non-public lands in Alaska even when those lands lie within national parks. Section 103(c) "deem[s]" those lands outside the parks and in so doing deprives the Service of regulatory authority.
IV
Yet the Park Service makes one last plea-for some kind of special rule relating to Alaskan navigable waters. Even suppose, the argument runs, that those waters do not count as "public lands." And even assume that Section 103(c) strips the Service of power to regulate
most
non-public lands. Still, the Service avers-invoking "the overall statutory scheme"-that ANILCA must at least allow it to regulate navigable waters. Brief for Respondents 40; see
id.,
at 40-45; Tr. of Oral Arg. 42 (ANILCA's regulatory restrictions were "not about navigable waters");
id.,
at 63-64 (similar). Here, the Service points to ANILCA's general statement of purpose, which lists (among many other things) the
*1086
"protect[ion] and preserv[ation]" of "rivers."
But ANILCA does not readily allow the decoupling of navigable waters from other non-federally owned areas in Alaskan national parks for regulatory (or, indeed, any other) purposes. Section 103(c), as we have described, speaks of "lands (as such term is defined in th[e] Act)."
And nothing in the few aquatic provisions to which the Park Service points can flip that strong presumption, for none conflicts with reading Section 103(c)'s regulatory exemption to cover non-federal waters. The most substantive of those provisions, as just noted, contemplate some role for the Service in regulating motorboating and fishing. But contra the Park Service, those sections have effect under our interpretation because both activities can occur on federally owned (and thus fully regulable) non-navigable waters. The other provisions the Service emphasizes are statements of purpose, which by their nature "cannot override [a statute's] operative language." Id. , at 220. And anyway, our construction leaves the Park Service with multiple tools to "protect" rivers in Alaskan national parks, as those statements anticipate. § 3101(b) ; § 410hh-1(1). The Park Service may at a minimum regulate the public lands flanking rivers. It may, additionally, enter into "cooperative agreements" with the State (which holds the rivers' submerged lands) to preserve the rivers themselves. § 3181(j). It may similarly propose that state or other federal agencies with appropriate jurisdiction undertake needed regulatory action on those rivers. See § 3191(b)(7) ; see also Kobuk Valley: Land Protection Plan, at 118, *1087 121 (recommending that the Alaska Department of Natural Resources classify navigable parts of the Kobuk River for preservation efforts). And if all else fails, the Park Service may invoke Section 103(c)'s third sentence to buy from Alaska the submerged lands of navigable waters-and then administer them as public lands. See §§ 3103(c), 3192 ; see also Kobuk Valley: Land Protection Plan, at 133 (proposing that if Alaska does not adequately protect the Kobuk River, the Park Service should "seek to acquire title to th[o]se state lands through exchange").
Those authorities, though falling short of the Service's usual power to administer navigable waters in system units, accord with ANILCA's "repeated[ ] recogni[tion] that Alaska is different."
Sturgeon I
, 577 U. S., at ----,
V
ANILCA, like much legislation, was a settlement. The statute set aside more than a hundred million acres of Alaska for conservation. In so doing, it enabled the Park Service to protect-if need be, through expansive regulation-"the national interest in the scenic, natural, cultural and environmental values on the public lands in Alaska."
We accordingly reverse the judgment below and remand the case for further proceedings consistent with this opinion.
It is so ordered.
Justice SOTOMAYOR, with whom Justice GINSBURG joins, concurring.
Professors have long asked law students to interpret a hypothetical ordinance that prohibits bringing "a vehicle into the *1088 park." 1 The debate usually centers on what counts as a "vehicle." Is a moped forbidden? How about a baby stroller? In this case, we can all agree that John Sturgeon's hovercraft is a vehicle. But now we ask whether he has brought it "into the park"-and, if not, how a river's designation as "outside the park" will affect future attempts to regulate there.
The Court decides that the Nation River is not parkland, and I join the Court's opinion because it offers a cogent reading of § 103(c) of the Alaska National Interest Lands Conservation Act (ANILCA),
The Court holds only that the National Park Service may not regulate the Nation River as if it were within Alaska's federal park system, not that the Service lacks all authority over the Nation River. A reading of ANILCA § 103(c) that left the Service with no power whatsoever over navigable rivers in Alaska's parks would be untenable in light of ANILCA's other provisions, which state Congress' intent that the Service protect those very same rivers. Congress would not have set out this aim and simultaneously deprived the Service of all means to carry out the task.
Properly interpreted, ANILCA § 103(c) cannot nullify Congress' purposes in enacting ANILCA. Even though the Service may not apply its ordinary park rules to nonpublic areas like the Nation River, two sources of Service authority over navigable rivers remain undisturbed by today's decision. First, as a default, the Service may well have authority to regulate out -of-park, nonpublic areas in the midst of parklands when doing so is necessary or proper to protect in -park, public areas-for instance, to ban pollution of the Nation River if necessary to preserve habitat on the riverbanks or to ban hovercraft use on that river if needed to protect adjacent public park areas. Nothing in ANILCA removes that power. Second, Congress most likely meant for the Service to retain power to regulate as parklands a particular subset of navigable rivers designated as "Wild and Scenic Rivers," although that particular authority does not, by its terms, apply to the Nation River.
Because the Court does not address these agency authorities, see ante , at 1082, n. 5, 1086, n. 10, I join its opinion. I also wish to emphasize, however, that the Court's opinion introduces limitations on-and thus could engender uncertainty regarding-the Service's authority over navigable rivers that run through Alaska's parks. If this is not what Congress intended, Congress should amend ANILCA to clarify the scope of the Service's authority.
I
Since the National Park System's creation in 1872, it has grown to include over 400 historic and recreation areas encompassing over 84 million acres.
The task of protecting this vast park system principally falls to the Park Service. In the National Park Service Organic Act (Organic Act),
Wielding its Organic Act authority, the Service applies many park rules on federally owned lands and waters it administers, as well as navigable waters "within the boundaries of the National Park System." See
Against this backdrop, Congress enacted ANILCA. As the Court explains, ANILCA added millions of acres of federal land to the National Park System in Alaska and simultaneously swept around 18 million acres of nonfederally owned lands within the geographic boundary lines of the new Alaska parks.
Ante
, at 1074 - 1076; see also
Sturgeon
v.
Frost
, 577 U. S. ----, ---- - ----,
ANILCA reflects Congress' expectation that the Service will manage Alaska's parks with a particular focus on rivers and river systems. For instance, the agency must "maintain unimpaired the water habitat" for salmon in Katmai National Monument, preserve "the natural environmental integrity and scenic beauty of ... rivers" in Gates of the Arctic National Park, and "maintain the environmental integrity of the entire Charley River basin, including streams, lakes and other natural features." §§ 410hh(4)(a), (10); § 410hh-1(2); see also §§ 410hh(1), (6), (7)(a), (8)(a); § 410hh-1(1). Some provisions of ANILCA direct the Service to regulate boating in Alaska's parklands. See, e.g., § 3170(a). Others command the Service to regulate fishing. See, e.g. , § 3201. Together, these provisions make clear that Congress must have intended for the Park Service to have at least some authority over navigable waters within Alaska's parks.
And yet, ANILCA includes one provision that can be read to throw a wrench into that authority: § 103(c). This provision says that "[o]nly those lands within the boundaries of any conservation system unit which are public lands (as such term is defined in this Act) shall be deemed to be included as a portion of such unit."
*1090 II
Thus we arrive at the crux of this case: How, if at all, does ANILCA § 103(c) circumscribe the Service's ordinary authority over navigable rivers within the geographic boundaries of national parks?
A
I agree with the Court that the Service may not treat every navigable river in Alaska as legally part of Alaska's parks merely because those (nonpublic) rivers flow within park boundaries. The majority ably explains why ANILCA's text leads to this outcome. See
ante
, at 1080 - 1083. According to ANILCA § 103(c), navigable waters (at least apart from Wild and Scenic Rivers) must be treated as waters outside of park units for legal purposes. Thus they may not be "subject to the regulations applicable solely to public lands within such units."
This principle is all that is required to resolve Sturgeon's case. The hovercraft rule applies only inside park boundaries.
B
Critically, although the Court decides today that the Service may not regulate the Nation River "as part of the park," ante , at 1080, the Court does not hold that ANILCA § 103(c) strips the Service of all authority to protect navigable waters in Alaska. For good reason. It would be absurd to think that Congress intended for the Service to preserve Alaska's rivers, but left it without any tools to do so.
Imagine if all Service regulations could apply in Alaska's parklands only up to the banks of navigable rivers, and the Service lacked any authority whatsoever over the rivers themselves. If Jane Smith were to stand on the public bank of the Nation River, bag of trash in hand, Service rules could prohibit her from discarding the trash on the riverbank. See
How can the Service adequately protect Alaska's rivers if it cannot regulate? What is more, how can it maintain nearby park areas, such as riverbanks or nonnavigable park waters downstream, if it has no power to check the contamination of navigable waters? To achieve Congress' stated goals in creating Alaska's parks, the Service must have some authority to protect navigable rivers within those parks. 5
C
Thankfully, today's decision does not leave the Service without any authority over the Nation River and other rivers like it. Even though most navigable rivers in Alaska are not public parklands, Congress has left at least two avenues for the Service to achieve ANILCA's purposes. Neither is addressed by the Court's decision.
1
First, the Court expressly does not decide whether the Service may regulate navigable waters running through Alaska's parks as an adjunct to its authority over the parks themselves. See ante , 1082, n. 5. 6 In my view, the Service likely retains power over navigable rivers that run through Alaska's parks when that power is necessary to protect Alaska's parklands.
The Service's default ability to regulate comes from the Organic Act. That Act gives the Service general authority to promulgate all regulations "necessary or proper" for managing park units, including power to regulate activities "on
or relating
to water located within [Park] System units."
This brings us back to Jane, this time canoeing down the Nation River with a gallon of toxic insecticide onboard. If Jane spills the insecticide into the river, the effects will surely reach the riverbanks-public areas within the park's legal *1092 boundaries. An antipollution rule tailored to apply to the Nation River as it runs through the park thus could well be "necessary or proper" to manage the parklands on either side of the river, even though the river itself is not legally a part of the park. § 100751(a). And if the pollution is likely to harm nonnavigable stretches of the river downstream-public waters that are "within" the park for legal purposes-the ban also could be authorized because it specifically concerns "activities ... relating to water located within [Park] System units." § 100751(b). Similar reasoning could justify a range of Service regulations, giving the Service substantial authority over navigable rivers inside geographic park boundaries in order to protect the parklands through which they flow.
Assuming that the Service has such authority over out-of-park areas pursuant to its Organic Act, nothing in ANILCA § 103(c) takes it away. That section's first sentence explains that nonpublic lands are not part of Alaska's park units. See
The Service's out-of-park authority is not at issue in this case given that the hovercraft regulation applies only within park boundaries, see
ante
, at 1082, n. 5. Hovercraft can be unsightly, be loud, and disturb sensitive ecosystems within the park. See
2
The Court also leaves open a second way for the Service to protect navigable rivers. Because the Nation River is not a designated Wild and Scenic River, the Court expressly does not decide the extent of the Service's power over such designated rivers. Ante, at 1086, n. 10. If ANILCA § 103(c) is to be harmonized with the remainder of the statute, the Service must possess authority to regulate fully, as parklands, at least that subset of rivers. 7
*1093
The Wild and Scenic Rivers Act,
ANILCA designated 26 Alaskan rivers as components of this system, more than doubling the mileage of the rivers in the system at the time.
Although ANILCA § 103(c) generally has the effect of removing navigable waters from the legal boundaries of Alaska's parks, Congress' highly specific definition of the Wild and Scenic Rivers as a portion of Alaska's park system overrides ANILCA § 103(c)'s general carveout. "General language of a statutory provision ... will not be held to apply to a matter specifically dealt with in another part of the same enactment."
D. Ginsberg & Sons, Inc. v. Popkin
,
* * *
One final note warrants mention. Although I join the Court's opinion, I recognize that today's decision creates uncertainty concerning the extent of Service authority over navigable waters in Alaska's parks. Courts ultimately may affirm some of the Service's authority over out-of-park areas and Wild and Scenic Rivers. But that authority may be more circumscribed than the special needs of the parks require. This would not only make it impossible for the Service to fulfill Congress' charge to preserve rivers, made plain in ANILCA itself, but also threaten the Service's ability to fulfill its broader duty to protect all of the parklands through which the rivers flow. See, e.g., 16 U.S.C. § 410hh(6) (Kobuk Valley National Park "shall be managed ... [t]o maintain the environmental integrity of the natural features of the Kobuk River Valley, including the Kobuk, Salmon, and other rivers"). Many of Alaska's navigable rivers course directly through the heart of protected parks, monuments, and preserves. A decision that leaves the Service with no authority, or only highly constrained authority, over those rivers would undercut Congress' clear expectations in enacting ANILCA and could have exceedingly damaging consequences.
In light of the explicit instructions throughout ANILCA that the Service must regulate and protect rivers in Alaska, I am convinced that Congress intended the *1094 Service to possess meaningful authority over those rivers. If I am correct, Congress can and should clarify the broad scope of the Service's authority over Alaska's navigable waters.
None of the parties here have questioned the constitutional validity of the above statutory grants as applied to inholdings, and we therefore do not address the issue. Cf.
Kleppe v. New Mexico
,
As noted earlier, the Ninth Circuit has held in three cases-the so-called
Katie John
trilogy-that the term "public lands," when used in ANILCA's subsistence-fishing provisions, encompasses navigable waters like the Nation River. See
Alaska v. Babbitt
,
Because we see, for the reasons given below, no ambiguity as to Section 103(c)'s meaning, we cannot give deference to the Park Service's contrary construction. See
Chevron U. S. A. Inc. v. Natural Resources Defense Council, Inc.
,
Consistent with that approach, Congress left out non-public lands in calculating the acreage of every new or expanded system unit. Sections 201 and 202 of ANILCA, in describing those units, state the acreage of only their public lands. See, e.g., § 410hh(1) (providing that Aniakchak National Preserve would "contain[ ] approximately [367,000] acres of public lands"); § 410hh-1(3) (providing that Denali National Park would grow "by the addition of an area containing approximately [2,426,000] acres of public land").
At times, the Park Service has argued here that the Organic Act gives it authority to regulate waters outside system units, so long as doing so protects waters or lands inside them. See Brief for Respondents 28-32. If so, the argument goes, that authority would similarly permit the Service to regulate the non-federally owned waters that Section 103(c) has deemed outside Alaskan system units, if and when needed to conserve those units' federal waters or lands. But at other points in this litigation, the Service has all but disclaimed such out-of-the-park regulatory authority. See No. 14-1209, Tr. of Oral Arg. 58 (Jan. 20, 2016) ("The Park Service [has] consistently understood its authority to be regulating [within] the park's boundaries. It's never sought to enact a regulation outside of the park's boundaries"). We take no position on the question because it has no bearing on the hovercraft rule at issue here. That rule, by its express terms, applies only inside system units. See supra, at 1077 - 1078. It therefore does not raise any question relating to the existence or scope of the Service's authority over water outside system units.
Another provision of ANILCA reflects that result. Right after Sections 201 and 202 describe each new or expanded system unit by reference to how many acres of public land it contains, see n. 4, supra , Section 203 authorizes the Park Service to administer, under the Organic Act, the areas listed in "the foregoing sections." § 410hh-2. In other words, Section 203 of ANILCA ties the Service's regulatory authority to the statute's immediately preceding statements of public-land acreage.
And just to pile on: Even taken as a truism, the Park Service's view of the second sentence misfires, because of the technical difference between "public lands" and federally owned lands in ANILCA. Recall that "public lands" is defined in the statute to mean most but not all federally owned lands: The term excludes those federal lands selected for future transfer to the State or Native Corporations. See § 3102(3) ;
supra,
at 1076 - 1077. (That is why when we reframed the Park Service's argument just above, we noted that we were using "approximate" statutory definitions.) But the Park Service's existing regulations apply, at a minimum, to
all
federally owned lands within a park's borders. See
It is unfortunate for the Park Service's argument that the narrow class of regulations thus identified does not in fact exist. See n. 7, supra . But we put that point aside for the remainder of this paragraph.
The Park Service points to one provision of ANILCA that (it says) contemplates application of its rules to inholdings; but as suggested in the text that provision really envisions other agencies' regulations. Section 1301(b)(7) requires the Service to create for each system unit a land management plan that includes (among other things) a description of "privately owned areas" within the unit, the activities carried out there, and the "methods (such as cooperative agreements and issuance or enforcement of regulations)" for limiting those activities if appropriate.
The Park Service also points to a separate title of ANILCA, which raises issues outside the scope of this case. Title VI designates 26 named rivers in Alaska as "wild and scenic rivers," to be "administered by the Secretary" under the (nationwide) Wild and Scenic Rivers Act,
See A. Scalia & B. Garner, Reading Law: The Interpretation of Legal Texts 36 (2012); Hart, Positivism and the Separation of Law and Morals,
Under the Submerged Lands Act of 1953, each State has "title to and ownership of the lands beneath [its] navigable waters."
Notably, the Park Service did not argue-nor does the Court's opinion address-whether navigable waters may qualify as "public lands" because the United States has title to some interest other than an interest in reserved water rights. See §§ 3102(1) -(3). In particular, the United States did not press the argument that the Federal Government functionally holds title to the requisite interest because of the navigational servitude. See,
e.g.,
Kaiser Aetna v. United States
,
The navigability of a river is determined "on a segment-by-segment basis."
PPL Montana, LLC v. Montana
,
Even if the Service cannot regulate the rivers itself, the majority says that the agency can enter into "cooperative agreements" with Alaska to regulate the rivers,
The Court's interpretation prohibits the Service only from applying its usual, in-park rules to out-of-park areas. See, e.g ., ante , at 1080 (nonpublic lands "may not be regulated as part of the park"); ante , at 1081 (Section 103(c)'s exclusion "exempt[s] non-public lands ... from the Park Service's ordinary regulatory authority"); ante , at 1081 (the areas "are no longer subject to the Service's power over 'System units' and the 'water located within' them"); ante , at 1083 (rejecting suggestion that inholdings can be "regulated as parklands"); ante , at 1085 (the inholdings "are not subject to regulation as parkland").
This authority would supplement, not replace, the Service's authority over out-of-park navigable rivers, because the Service's authority over the Wild and Scenic Rivers alone cannot explain all of ANILCA's express references to protecting Alaskan rivers. For instance, ANILCA states Congress' expectation that the Service will manage the Kobuk River in Kobuk Valley National Park. See 16 U.S.C. § 410hh(6). That portion of the river is not designated as a Wild and Scenic River, see § 1274, but the Bureau of Land Management has found it to be navigable, see Dept. of Interior, Nat. Park Service, Kobuk Valley National Park: General Management Plan 65 (1987). The Service therefore must have another source of authority over the river if the statute's purpose provision is not to be deprived of meaning.
Reference
- Full Case Name
- John STURGEON, Petitioner v. Bert FROST, in His Official Capacity as Alaska Regional Director of the National Park Service, Et Al.
- Cited By
- 75 cases
- Status
- Published