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als that ANILCA’s broadly drawn boundaries might subject their properties to Park Ser- vice rules. While such authority might fall short of the Service’s usual power, it accords with ANILCA’s “repeated recognition” that Alas- ka is “the exception, not the rule.” By incorporating the Submerged Lands Act of 1953, the Statehood Act gave Alaska “title to and ownership of the lands beneath navigable waters,” such as the Nation Riv- er. 43 U. S. C. §1311; see §6(m), 72 Stat. 343. And a State’s title to the lands beneath nav- igable waters brings with its regulatory au- _SZ]T_dZaP]ɭYLaTRL_TZYʭ^STYRLYOZ_SP] public uses” of those waters. ANILCA sought to “balance” two RZLW^ ZQ_PY _SZ`RS_ NZYʮTN_TYR ! @ > C. §3101(d). The Act was designed to “pro- aTOP ^`ʯNTPY_ []Z_PN_TZY QZ] _SP YL_TZYLW interest in the scenic, natural, cultural and
Here are key excerpts from the United States Supreme Court’s historical and unanimous deci- žĞŇĻƐĀĻÚĞĻďƐüŇŹƐIŇĚĻƐƒƣŹďåŇĻ× The Nation River is not public land for purposes of ANILCA. “Public land” un- der ANILCA means (almost all) “lands, wa- ters, and interests therein” the “title to which is in the United States.” 16 U. S. C. §3102(1)–(3). Because running waters can- not be owned, the United States does not have “title” to the Nation River in the ordi- nary sense. And under the Submerged Lands Act, it is the State of Alaska—not the United States—that holds “title to and ownership of the lands beneath [the River’s] navigable waters.” Non-public lands within Alaska’s na- tional parks are exempt from the Park Ser- vice’s ordinary regulatory authority. Section 103(c) arose out of concern from the State, Native Corporations, and private individu-
The Alaska Miner
April 2019
32
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