United States Forest Service v. Cowpasture River Preservation Assn.
United States Forest Service v. Cowpasture River Preservation Assn.
Opinion
*1841
We granted certiorari in these consolidated cases to decide whether the United States Forest Service has authority under the Mineral Leasing Act,
I
A
In 2015, petitioner Atlantic Coast Pipeline, LLC (Atlantic) filed an application with the Federal Energy Regulatory Commission to construct and operate an approximately 604-mile natural gas pipeline extending from West Virginia to North Carolina. The pipeline's proposed route traverses 16 miles of land within the George Washington National Forest. The *1842 Appalachian National Scenic Trail (Appalachian Trail or Trail) also crosses parts of the George Washington National Forest.
To construct the pipeline, Atlantic needed to obtain special use permits from the United States Forest Service for the portions of the pipeline that would pass through lands under the Forest Service's jurisdiction. In 2018, the Forest Service issued these permits and granted a right-of-way that would allow Atlantic to place a 0.1-mile segment of pipe approximately 600 feet below the Appalachian Trail in the George Washington National Forest.
B
Respondents Cowpasture River Preservation Association, Highlanders for Responsible Development, Shenandoah Valley Battlefields Foundation, Shenandoah Valley Network, Sierra Club, Virginia Wilderness Committee, and Wild Virginia filed a petition for review in the Fourth Circuit. They contended that the issuance of the special use permit for the right-of-way under the Trail, as well as numerous other aspects of the Forest Service's regulatory process, violated the Mineral Leasing Act (Leasing Act),
The Fourth Circuit vacated the Forest Service's special use permit after holding that the Leasing Act did not empower the Forest Service to grant the pipeline right-of-way beneath the Trail. As relevant here, the court concluded that the Appalachian Trail had become part of the National Park System because, though originally charged with the Trail's administration,
II
These cases involve the interaction of multiple federal laws. We therefore begin by summarizing the relevant statutory and regulatory background.
A
Congress enacted the Weeks Act in 1911, Pub. L. 61-435,
What is now known as the George Washington National Forest was established as a national forest in 1918, see Proclamation No. 1448,
B
Enacted in 1968, the National Trails System Act (Trails Act), among other things, establishes national scenic and national historic trails.
Under the statute, the Appalachian Trail "shall be administered primarily as a footpath by the Secretary of the Interior, in consultation with the Secretary of Agriculture."
The Trails Act currently establishes 30 national historic and national scenic trails. See §§ 1244(a)(1)-(30). It assigns responsibility for most of those trails to the Secretary of the Interior.
C
In 1920, Congress passed the Leasing Act, which enabled the Secretary of the Interior to grant pipeline rights-of-way through "public lands, including the forest reserves," § 28,
III
We are tasked with determining whether the Leasing Act enables the Forest *1844 Service to grant a subterranean pipeline right-of-way some 600 feet under the Appalachian Trail. To do this, we first focus on the distinction between the lands that the Trail traverses and the Trail itself, because the lands (not the Trail) are the object of the relevant statutes.
Under the Leasing Act, the "Secretary of the Interior or appropriate agency head" may grant pipeline rights-of-way across "Federal
lands
."
We conclude that the lands that the Trail crosses remain under the Forest Service's jurisdiction and, thus, continue to be "Federal lands" under the Leasing Act.
A
We begin our analysis by examining the interests and authority granted under the Trails Act. Pursuant to the Trails Act, the Forest Service entered into "right-of-way" agreements with the National Park Service "for [the] approximately 780 miles of Appalachian Trail route within national forests," including the George Washington National Forest.
1
A right-of-way is a type of easement. In 1968, as now, principles of property law defined a right-of-way easement as granting a nonowner a limited privilege to "use the lands of another."
Kelly v. Rainelle Coal Co.
,
*1845
Minneapolis Athletic Club v. Cohler
,
If analyzed as a right-of-way between two private landowners, determining whether any land had been transferred would be simple. If a rancher granted a neighbor an easement across his land for a horse trail, no one would think that the rancher had conveyed ownership over that land. Nor would anyone think that the rancher had ceded his own right to use his land in other ways, including by running a water line underneath the trail that connects to his house. He could, however, make the easement grantee responsible for administering the easement apart from the land. Likewise, when a company obtains a right-of-way to lay a segment of pipeline through a private owner's land, no one would think that the company had obtained ownership over the land through which the pipeline passes.
Although the Federal Government owns all lands involved here, the same general principles apply. We must ascertain whether one federal agency has transferred jurisdiction over lands-meaning "jurisdiction to exercise the incidents of ownership"-to another federal agency. Brief for Petitioner Atlantic Coast Pipeline, LLC, 22-23, n. 2. The Trails Act refers to the granted interests as "rights-of-way," both when describing agreements with the Federal Government and with private and state property owners.
The dissent notes that the Federal Government has referred to the Trail as an "area" and a "unit" and has described the Trail in terms of "acres." See post , at 1853 - 1855, 1857 (opinion of SOTOMAYOR, J.). In the dissent's view, this indicates that the Trail and the land are the same. This is not so. Like other right-of-way easements, the Trail burdens "a particular parcel of land." Bruce, Law of Easements and Licenses in Land § 1:1, at 1-6. It is thus not surprising that the Government might refer to the Trail as an "area," much as one might mark out on his property the "area" of land burdened by a sewage easement. The fact remains that the land and the easement are still separate.
The dissent also cites provisions of the Trails Act that discuss "lands" to be included in the Trail. See
post
, at 1856 - 1857. But this, too, is consistent
*1846
with our conclusion that the Trail is an easement. Like all easements, the parcel of land burdened by the easement has particular metes and bounds. See,
e.g.
,
Carnemella v. Sadowy
,
In sum, read in light of basic property law principles, the plain language of the Trails Act and the agreement between the two agencies did not divest the Forest Service of jurisdiction over the lands that the Trail crosses. It gave the Department of the Interior (and by delegation the National Park Service) an easement for the specified and limited purpose of establishing and administering a Trail, but the land itself remained under the jurisdiction of the Forest Service. To restate this conclusion in the parlance of the Leasing Act, the lands that the Trail crosses are still "Federal lands,"
2
The various duties described in the Trails Act reinforce that the agency responsible for the Trail has a limited role of administering a trail easement, but that the underlying land remains within the jurisdiction of the Forest Service. The Trails Act states that the Secretary of the Interior (and by delegation the National Park Service) shall "administe[r]" the Trail "primarily as a footpath."
The dissent resists this conclusion by asserting that the National Park Service "administers" the Trail, and that so long as that is true, the Trail is land within the National Park System. See post , at 1858 - 1859. But the National Park Service does not administer the "land" crossed by the Trail. It administers the Trail as an easement-an easement that is separate from the underlying land. 5
3
Finally, Congress has used unequivocal and direct language in multiple statutes when it wished to transfer land from one agency to another, just as one would expect if a property owner conveyed land in fee simple to another private property owner. In the Wild and Scenic Rivers Act, for instance, which was enacted the same day as the Trails Act, Congress specified that "[a]ny component of the national wild and scenic rivers system that is administered by the Secretary of the Interior through the National Park Service
shall become a part of the [N]ational [P]ark [S]ystem
." § 10(c),
For these reasons, we hold that the Trails Act did not transfer jurisdiction of the lands crossed by the Trail from the Forest Service to the Department of the Interior. It created a trail easement and gave the Department of the Interior the administrative responsibilities concomitant with administering the Trail as a trail.
*1848
Accordingly, because the Department of the Interior had no jurisdiction over any lands, its delegation to the National Park Service did not convert the Trail into "
lands
in the National Park System,"
B
1
Respondents take a markedly different view, which is shared by the dissent. According to respondents, the Trail cannot be separated from the underlying land. In their view, if the National Park Service administers the Trail, then it also administers the lands that the Trail crosses, and no pipeline rights-of-way may be granted.
Respondents' argument that the National Park Service administers the Trail (and therefore the lands that the Trail crosses) proceeds in four steps. First, the Trails Act granted the Department of the Interior the authority to administer the Trail.
This circuitous path misses the mark. As described above, under the plain language of the Trails Act and basic property principles, responsibility for the Trail and jurisdiction over the lands that the Trail crosses can and must be separated for purposes of determining whether the Forest Service can grant a right-of-way. See supra , at 1844 - 1846.
2
Even accepting respondents' argument on its own terms, however, we remain unpersuaded. Respondents' entire theory depends on an administrative action about which the statutes at issue are completely silent: the Department of the Interior's voluntary decision to assign responsibility over a given trail to the National Park Service rather than to the Bureau of Land Management. To reiterate, respondents contend that the Department of the Interior's decision to delegate responsibility over a trail to the National Park Service renders that trail an "area of land ... administered by the Secretary [of the Interior], acting through the [Park Service.]"
Respondents' theory also has striking implications for federalism and private property rights. Respondents do not contest that, in addition to federal lands, these 21 trails cross lands owned by States, local governments, and private landowners. See also
post
, at ---- (acknowledging that the Trail alone "comprises 58,110.94 acres of Non-Federal land, including 8,815.98 acres of Private land" (internal quotation marks omitted)). Under respondents' view, these privately owned and state-owned lands would also become lands in the National Park System.
6
Our precedents require Congress to enact exceedingly
*1850
clear language if it wishes to significantly alter the balance between federal and state power and the power of the Government over private property. Cf.
Gregory v. Ashcroft
,
Finally, reliance on the Department of the Interior's delegation of its Trails Act authority is especially questionable here, given that Congress has used express language in other statutes when it wished to transfer lands between agencies. See
supra
, at 1847. Congress not only failed to enact similar language in the Trails Act, but it clearly expressed the opposite view. The entire Trails Act must be read against the backdrop of the Weeks Act, which states that lands acquired for the National Forest System-including the George Washington National Forest-"shall be permanently reserved, held, and administered as national forest lands."
In sum, we conclude that the Department of the Interior's unexplained decision to assign responsibility over certain trails to the National Parks System and the Leasing Act's definition of federal lands simply cannot bear the weight of respondents' interpretation.
IV
We hold that the Department of the Interior's decision to assign responsibility over the Appalachian Trail to the National Park Service did not transform the land over which the Trail passes into land within the National Park System. Accordingly, the Forest Service had the authority to issue the permit here. 7
For the foregoing reasons, we reverse the judgment of the Court of Appeals and remand the cases for further proceedings consistent with this opinion.
It is so ordered .
Justice SOTOMAYOR, with whom Justice KAGAN joins, dissenting.
The majority's complicated discussion of private-law easements, footpath maintenance, differently worded statutes, and policy masks the simple (and only) dispute here. Is the Appalachian National Scenic Trail "lan[d] in the National Park System"?
By definition, lands in the National Park System include "any area of land" "administered" by the Park Service for "park, monument, historic, parkway, recreational, or other purposes."
The Appalachian Trail, in turn, is "administered" by the Park Service to ensure "outdoor recreation" and to conserve "nationally significant scenic, historic, natural, or cultural qualities." §§ 3(b), 5(a)(1),
Thus, as the Government puts it, the only question here is whether parts of the Appalachian Trail are " 'lands' " within the meaning of those statutes. Brief for Federal Petitioners 3. Those laws, a half century of agency understanding, and common sense confirm that the Trail is land, land on which generations of people have walked. Indeed, for 50 years the "Federal Government has referred to the Trail" as a " 'unit' " of the National Park System.
Ante
, at 1845 - 1846; see Part I-C,
infra
. A "unit" of the Park System is by definition either "land" or "water" in the Park System.
By contrast, today's Court suggests that the Trail is not "land" in the Park System at all. The Court strives to separate "the lands that the Trail traverses" from "the Trail itself," reasoning that the Trail is simply an "easement," "not land." Ante , at 1844, 1844 - 1845. In doing so, however, the Court relies on anything except the provisions that actually answer the question presented. Because today's Court condones the placement of a pipeline that subverts the plain text of the statutes governing the Appalachian Trail, I respectfully dissent.
I
Petitioner Atlantic Coast Pipeline, LLC, seeks to construct a natural-gas pipeline across the George Washington National Forest. The proposed route traverses 21 miles of national forests and requires crossing 57 rivers, streams, and lakes within those forests. See
*1852 A
Three interlocking statutes foreclose this proposal. The Mineral Leasing Act authorizes the Secretary of the Interior "or appropriate agency head" to grant rights-of-way for natural-gas pipelines "through any Federal lands."
Although the Mineral Leasing Act does not define "lands in the National Park System," the Park Service Organic Act does. Under the Organic Act, the Park System and any "unit" of the Park System "include any area of land and water administered by the Secretary" of the Interior, "acting through the Director" of the Park Service, for "park, monument, historic, parkway, recreational, or other purposes."
In turn, the National Trails System Act of 1968 (Trails Act),
By statutory definition, the Appalachian Trail is land in the National Park System, and the Mineral Leasing Act does not permit pipeline rights-of-way across it.
B
Statutory history reinforces that the Appalachian Trail is land in the National Park System. When the Trails Act designated the Appalachian Trail in 1968, then-existing law provided that "all federally owned or controlled lands" administered by the Park Service for certain purposes were within the Park System. § 2(a),
In 1970, after the Park Service had begun its role as the Trail's land-administering bureau, Congress enacted the General Authorities Act. This Act declared that the Park System had "grown to include superlative natural, historic, and recreation areas in every major region" and Territory of the United States, and that the Act's "purpose" was "to include all such areas in the [Park] System and to clarify the authorities applicable to the system." Pub. L. 91-383, § 1,
In 1973, having broadly defined lands in the Park System, Congress amended the Mineral Leasing Act by eliminating authority to grant rights-of-way across those lands. Before then, the Mineral Leasing Act had provided limited permission to grant rights-of-way through "public lands," § 28,
Put simply, "any area of land and water administered by" the Park Service is a unit of the Park System and must be
*1854
"regulate[d]" through "means and measures" that "conserve" and "provide for the enjoyment of the scenery, natural and historic objects, and wild life" in ways "as will leave them unimpaired for the enjoyment of future generations."
C
Agency practice confirms this conclusion. For a half century the Park Service has acknowledged that the Appalachian Trail is a unit of (and land in) the Park System. Recall that a year after the Trails Act's enactment, the Secretary of Interior named the Park Service the "land administering bureau" for the Appalachian Trail.
More recently, a 2005 Park Service history stated that the Appalachian Trail was "brought into the National Park System" by the Trails Act and that, with the Trail's "inclusion in the System, the [Park Service] became responsible for its protection and maintenance within federally administered areas." NPS, The National Parks: Shaping the System 77. A 2006 Park Service handbook stated that "[s]everal components of the National Trails System which are administered by the [Park] Service," including the Appalachian Trail, "have been designated as units of the national park system" and "are therefore managed as national park areas." NPS, Management Policies 2006, § 9.2.2.7, p. 134. A 2016 Park Service index similarly listed the Trail as "a unit of the National Park System." NPS, The National Parks: Index 2012-2016, p. 142 (NPS Index).
*1855 Still taking cues from statutory text, the Park Service continues to refer to the Appalachian Trail as land in the Park System. Just last year, the Park Service issued a reference manual describing the Appalachian Trail as a "land protection project" that has "been formally declared [a] uni[t] of the National Park System." NPS, National Trails System: Reference Manual 45, pp. 28, 221 (2019) (NPS, Reference Manual). The Park Service's compendium of regulations similarly explains that the General Authorities Act "brought all areas administered by the [Park Service] into one National Park System." NPS, Appalachian Trail Superintendent's Compendium 2 (2019). Even the Park Service's recent budget justification to Congress identified the Appalachian Trail as a "Park Base Uni[t]," a "Park Uni[t]," and a national "par[k]." Dept. of Interior, Budget Justifications and Performance Information-Fiscal Year 2020: National Park Service, at Overview-16, ONPS-89, -105 (Budget Justifications) (capitalization deleted).
The Government has even brought this understanding to bear against private citizens. For example, the Government (including the Park Service and the Forest Service) filed a damages lawsuit against an individual, invoking the Organic Act and asserting that a segment of the Appalachian Trail passing through Forest Service lands was a unit of the National Park System. See Record in
United States
v.
Reed
, No. 1:05-cv-00010 (WD Va.), Doc. 1, p. 2 ("The United States ... has established the Appalachian National Scenic Trail ... as [a] uni[t] of the National Park Service"). In that case, the Government obtained a jury verdict against someone who had caused a fire on a Trail segment that was, as the Government alleged, land in the Park System. See
Here, at least before they reached this Court, both the Park Service and Forest Service explained in proceedings below that the Trail is land in the Park System. The Park Service noted that the Appalachian Trail is a "protected corridor (a swath of land averaging about 1,000 feet in width ...)" that the Park Service "administers." App. 97. Thus, the Park Service detailed, "the entire Trail corridor" is a "park unit."
The agencies' common ground does not stop there. The Park Service's Land Resources Division estimates that the Appalachian Trail corridor constitutes nearly 240,000 acres. NPS, Land Resources Div., Acreage Reports, Listing of Acreage, p. 1 (Dec. 31, 2019) (NPS, 2019 Acreage Report). The Forest Service concurs. See Dept. of Agriculture, Revised Land and Resource Mgmt. Plan-George Washington Nat. Forest 4-42 (2014) (Forest Service Land Plan). In its own management plan, the Forest Service explained that the Secretary of the Interior "administer[s]" in the George Washington National Forest "about 9,000 acres."
As federally owned land administered by the Park Service, the Trail segment that Atlantic aims to cross is exempt from the Mineral Leasing Act's grant of right-of-way authority.
II
The Court resists this conclusion for three principal reasons. Each tries to detach the Appalachian Trail from land, but *1856 none adheres to the plain text and history described above.
A
First, the Court posits that the Forest Service granted the Park Service only an "easement" for the Trail's route through the George Washington National Forest. See ante , at 1844 - 1846. Because private-law "easements are not land," the Court reasons, nothing "divest[ed] the Forest Service of jurisdiction over the lands that the Trail crosses." Ante , at 1844 - 1845, 1846.
That reasoning is self-defeating. Despite recognizing that the Park Service "administers the Trail ," the Court insists that this administration excludes "the underlying land" constituting the Trail. Ante , at 1846 - 1847. But the Court does not disclose how the Park Service could administer the Trail without administering the land that forms it.
Neither does the Court explain how the Trail could be a unit of the Park System if it is not land. The Court declares that the Trail's status as a System " 'unit' " does not "indicat[e] that the Trail and the land are the same."
Ante
, at 1845. But the Court cites no statutory authority for this view. Nor could it. The Organic Act says the opposite: A " 'System unit' " is by definition "land" or "water."
The Court's analysis of private-law easements is also unconvincing. In the Court's words, a private-law easement is "a limited privilege" granted to "a nonowner" of land.
Ante
, at 1844 - 1845; see also
In any event, the Trails Act provides that the "rights-of-way" for the Appalachian Trail "shall include lands protected for it" where "practicable."
*1857 Thus, even with a so-called "easement" through a federal forest, the Park Service still administers land "acquire[d]" and "protected" for the Trail. 10 That is why the Park Service refers to the Trail as a "swath of land," App. 97; why the Forest Service admits that the Park Service administers those "acres," Forest Service Land Plan 4-42; and why the Secretary of the Interior has authority to grant rights-of-way "under" the Trail's surface, § 1248(a).
Tellingly, the Court recognizes that § 1248(a) "extends a positive grant of authority to the agency responsible for the Trail." Ante , at 1845, n. 3. Indeed. That only scratches the surface. The Park Service may control what happens under the Trail consistent with "units of the national park system." § 1246(i). The Park Service also determines which "uses along the trail" to permit, § 1246(c), and provides for the Trail's "protection, management, development, and administration," § 1246(i). But under the Court's atextual reading of the relevant statutes, the agency tasked with protecting the Trail (and empowered to grant rights-of-way under it) could be excluded from determining whether a pipeline bores across the Trail. The Court's interpretation means that the Mineral Leasing Act would not even stop Atlantic from building a pipeline on top of an undisputed unit of the Park System. Cf. ante , at 1850, n. 7. That cannot be right.
The Court also appears to assume that the Park Service's administrative jurisdiction over lands making up the Appalachian Trail must be mutually exclusive with the Forest Service's jurisdiction. See ante , at 1844 - 1846 (focusing on whether "jurisdiction over the lands" making up the Trail was "transferred," "convert[ed]," or "divest[ed]"). But this is not a zero-sum inquiry. The question is "not whether those portions of the [Appalachian Trail] were removed from the George Washington National Forest; the question is whether they were added to the National Park System." Brief for National Resources Defense Council et al. as Amici Curiae 2. As explained above, the lands making up the Appalachian Trail were indeed added to the National Park System.
That the Trail may fall within both the Forest System and the Park System is not surprising. The Trails Act recognizes that two agencies may have overlapping authority over the Appalachian Trail. See
*1858
See
The Court also cites a 1983 amendment to the Trails Act for the proposition that the lands making up the Appalachian Trail are not administered by the Park Service. See
ante
, at 1850 (citing
For one thing, § 1246(a)(1)(A) undercuts the Court's distinction between a trail and land: The statute equates "components of the National Trails System" like the Appalachian Trail with "lands."
This distinction between administration and management tracks the Park Service Organic Act. The Organic Act defines the Park System as land "administered" by the Park Service.
At bottom,
B
Second, the Court maintains that Congress should have used "unequivocal and direct language" had it intended for the Trail to be land in the Park System. Ante , at 1847. The Court cites the Wild and Scenic Rivers Act (Rivers Act) and the Blue Ridge Parkway statutes, noting that Congress "failed to enact similar language in the Trails Act." Ante , at 1850. But as the Government explained, "[m]agic words such as 'transfer jurisdiction' are unnecessary." Reply Brief for Federal Petitioners 9 (citation omitted).
Indeed, neither example lends the Court much support. Certainly the Rivers Act,
The Blue Ridge Parkway statutes also undermine the Court's conclusion. The Court cites a 1952 statute and some more recent laws, see
ante
, at 1847, but the enactments that originally created the Blue Ridge Parkway did not include language about "transferring" land from one agency to another. Rather, they stated that the parkway "shall be administered and maintained by the Secretary of the Interior through the National Park Service" and be "subject to" the Park Service Organic Act, even though the relevant lands included national forests. See
For similar reasons, it is not significant that the National Trails Act allowed the Secretary of the Interior to decide which agency in the Interior Department would administer the Appalachian Trail. Cf.
ante
, at 1848 - 1850. That was a choice for Congress and the Executive Branch, not the Judiciary. See § 5(a),
C
Last, the Court objects on policy grounds that hewing to the statutes' plain meaning would have "striking implications for federalism and private property rights."
Not so. For starters, the pertinent provisions under the Mineral Leasing Act apply only to "lands owned by the United States."
True, that the Appalachian Trail is land in the Park System means the Park Service has some power to regulate nonfederal property. But that authority is not new. For decades the Park Service has regulated waste disposal on "all lands and waters within the boundaries of all units of the National Park System, whether federally or nonfederally owned."
*1861
Nor is the Park Service's authority over Trail lands remarkable. Uniform regulatory power is a feature of a unified National Park System. After all, Congress designed the Park System to "expres[s] a single national heritage" and to "conserve" the country's "scenery, natural and historic objects, and wild life" for "the common benefit of all the people of the United States."
Despite all this, the Court insists that Congress use "exceedingly clear language" when it wishes "to significantly alter the balance between federal and state power and the power of the Government over private property." Ante , at 1848 - 1850. But Congress did. It used language so clear, in fact, that every year the Park Service provides an acreage report listing state and private land as part of the Appalachian Trail system unit. Last year, the Park Service's report listed that the Trail system unit comprises 58,110.94 acres of "Non-Federal" land, including 8,815.98 acres of "Private" land. See NPS, 2019 Acreage Report.
* * *
Today's outcome is inconsistent with the language of three statutes, longstanding agency practice, and common sense. The Park Service administers acres of land constituting the Appalachian Trail for scenic, historic, cultural, and recreational purposes. §§ 3(b), 5(a)(1),
I respectfully dissent.
Justice GINSBURG joins all but Part III-B-2 of this opinion.
The syllabus constitutes no part of the opinion of the Court but has been prepared by the Reporter of Decisions for the convenience of the reader. See
United States v. Detroit Timber & Lumber Co.
,
The Fourth Circuit also ruled for respondents on their other statutory claims.
The specifics of the agreement between the two agencies is not in the record before us.
It is of no moment that the Trails Act also permits the agency responsible for the Trail to grant "rights-of-way upon, over, under, across, or along any component of the national trails system."
The dissent suggests that we are not engaging in statutory interpretation and that, relatedly, we should not look to state law for our analysis. See
post
, at 1854, n. 8, 1856 - 1857, n. 9. Neither criticism is warranted. We are principally concerned with the meaning of the term "right-of-way," which, as the dissent's own authority acknowledges, carries the same meaning whether it appears in federal or state law. In
New Mexico v. United States Trust Co.
,
The dissent argues that its position is supported by the fact that the terms "administer" and "manage" are "terms of art."
Post
, at 1858. The dissent, however, does not demonstrate that either term carries a "widely accepted meaning,"
FCC v. AT
&
T Inc.
,
The dissent contends that this concern is misplaced because, under its view, though the National Park Service will be administering the thousands of miles of land that the 21 trails cross, the Federal Government will not have ownership over it. See
post
, at 1860 - 1861. As explained
supra
, at 1844 - 1846, this argument suffers from the same flaw-namely, that the Trail easement and the land that the Trail crosses are one and the same. Moreover, under the dissent's view, the National Park Service would still gain power over numerous tracts of privately owned and state-owned land. The dissent cites no authority to explain why this assertion of "administrative" jurisdiction would not pose many of the same difficulties as outright ownership. For instance, the National Park Service provides for the maintenance of the Trail where it crosses federal lands.
Objections that a pipeline segment interferes with rights of use enjoyed by the National Park Service would present a different issue. See Bruce, Law of Easements and Licenses in Land § 1:1. These cases do not present anything resembling such a scenario. Under the current proposal, the workstations for laying the challenged segment of the pipeline will be located on private land, approximately 1,400 feet and 3,400 feet respectively from the Trail. Atlantic plans to use a method of drilling that will not require the company to clear any land or dig on the Trail's surface. The entry and exit sites will not be visible from the Trail, nor will any detour be required. And, the final pipeline will lie approximately 600 feet below the Trail.
The Court of Appeals for the Fourth Circuit also found that Atlantic's proposal may conflict with several environmental laws, including the National Forest Management Act and the National Environmental Policy Act. See
If the "surface" of "all of the Federal lands involved" is "under the jurisdiction of one Federal agency," then the head of that agency (rather than the Secretary of the Interior) has authority to grant the right-of-way across federal land.
Although the Mineral Leasing Act's right-of-way authority excludes lands in the Park System, Congress may enact separate legislation permitting natural-gas pipelines across such lands. See,
e.g.
, § 1(a),
The legal meaning of "land" when Congress enacted the relevant statutes was "any ground, soil, or earth whatsoever." Black's Law Dictionary 1019 (4th ed. 1968). The ordinary meaning of land was much the same. Webster's New International Dictionary 1388 (2d ed. 1949) ("The solid part of the surface of the earth, as distinguished from water"; "Any ground, soil, or earth whatsoever ... and everything annexed to it, whether by nature ... or by man").
It is undisputed that
Congress reiterated that the Trail is land in the Park System in 1983. It amended the Trails Act to provide that that the Secretary of Interior's " 'administrative responsibilities' " over the Appalachian Trail would be " 'carr[ied] out' " by " 'utiliz[ing] authorities related to units of the national park system.' " § 207(h),
See § 2(b),
The Court acknowledges that "the Government might refer to the Trail" as " 'area' of land,' " but concludes that those references must pertain only to easements as defined by state law. Ante , at 1845 - 1846 (analogizing to sewage easements and citing state law). That view strays far from the federal statutes at issue. The simpler conclusion is that when the Government uses terms that define land in the Park System, the Government refers to land in the Park System.
The Court maintains that these provisions are also "consistent with" its private-law paradigm,
ante
, at 1845 - 1846, but private law does not override the plain text of the relevant statutes. See Part I-A,
supra
. The Court simply works backwards from state law, even though statutory interpretation is supposed to start with statutory text. See,
e.g.
,
Rotkiske
v.
Klemm
, 589 U. S. ----, ----,
A right-of-way may include not just a right of passage, but also the land itself. See,
e.g.
, 16 U.S.C. § 521e(3) (providing that certain "rights-of-way" are "lands"); Black's Law Dictionary 1587 (11th ed. 2019) ("rightof-way" can refer to "[t]he strip of land"); Black's Law Dictionary 1489 (4th ed. 1968) (similar); see also
New Mexico v. United States Trust Co.
,
The Park Service Reference Manual defines "Administration" as a term referencing the agency broadly "responsible for Federal funding and staffing necessary to operate the trail and exercising trailwide authorities from the [Trails Act] and [the administering agency's] own organic legislation." NPS, Reference Manual 45, at 8; see also
Mere months after Congress had enacted § 1246(a)(1)(A) to clarify that it had not transferred "management responsibilities," the Park Service issued a final rule for "General Regulations for Areas Administered by the National Park Service," reaffirming that the Appalachian Trail was land in the Park System. See
The Court predicts that "difficulties" would arise if the Trail were land in the Park System, asserting that the Park Service's " 'administrative' " authority could allow the Government to "displace" state laws providing for Trail maintenance.
Ante
, at 1849, n. 6. The Court's concerns do not follow. Even with the Supremacy Clause, U. S. Const., Art. VI, cl. 2, federal and state laws can (and do) coexist in this context and myriad others. See,
e.g.
, NPS, Reference Manual 45, at 8 (Park Service's "Trail administration provides trailwide coordination and consistency" among "government agencies, landowners, interest groups, and individuals"). The Court's core objection seems to be that the Park Service could "gain power over numerous tracts of privately owned and state-owned land."
Ante
, at 1849, n. 6. But it already did. See
In any case, the Court's policy objections do not bear on the statutory question here. And the Court's citations only confirm that the Trail is among the Park Service's "administered lands."
If any Park Service regulations impair state or private-property rights, the Takings Clause and the Trails Act provide for compensation in appropriate cases. See U. S. Const., Amdt. 5;
Reference
- Full Case Name
- UNITED STATES FOREST SERVICE, Et Al., Petitioners v. COWPASTURE RIVER PRESERVATION ASSOCIATION Et Al.; Atlantic Coast Pipeline, LLC, Petitioner v. Cowpasture River Preservation Association, Et Al.
- Cited By
- 31 cases
- Status
- Published