Syllabus
Yukon–Charley Preserve, a conservation system unit in Alaska. On one such trip, Park rangers informed him that the Service’s rules prohibit operating a hovercraft on navigable waters “located within [a park’s] boundaries.” 36 CFR §2.17(e). That regulation—issued under the Service’s Organic Act authority—applies to parks nationwide without any “regard to the ownership of submerged lands, tidelands, or lowlands.” §1.2(a)(3). Sturgeon complied with the order, but shortly thereafter sought an injunction that would allow him to resume using his hovercraft on his accustomed route. The District Court and the Ninth Circuit denied him relief, interpreting Section 103(c) to limit only the Service’s authority to impose Alaska-specific regulations on inholdings—not its authority to enforce nationwide regulations like the hovercraft rule. This Court granted review and rejected that ground for dismissal, but it remanded for consideration of two further questions: whether the Nation River “qualifies as ‘public land’ for purposes of ANILCA,” thus indisputably subjecting it to the Service’s regulatory authority; and, if not, whether the Service could nevertheless “regulate Sturgeon’s activities on the Nation River.” Sturgeon v. Frost, 577 U. S. ___, ___–___ (Sturgeon I.). The Ninth Circuit never got past the first question, as it concluded that the Nation River was public land.
Held:
1. The Nation River is not public land for purposes of ANILCA. “[P]ublic land” under ANILCA means (almost all) “lands, waters, and interests therein” the “title to which is in the United States.” 16 U. S. C. §3102(1)–(3). Because running waters cannot be owned, the United States does not have “title” to the Nation River in the ordinary 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.” 43 U. S. C. §1311. The Service therefore argues that the United States has “title” to an “interest” in the Nation River under the reserved-water-rights doctrine, which provides that when the Federal Government reserves public land, it can retain rights to the specific “amount of water” needed to satisfy the purposes of that reservation. See Cappaert v. United States, 426 U. S. 128, 138–141. But even assuming that the Service held such a right, the Nation River itself would not thereby become “public land” in the way the Service contends. Under ANILCA, the “public land” would consist only of the Federal Government’s specific “interest” in the River—i. e., its reserved water right. And that right, the Service agrees, merely allows it to protect waters in the park from depletion or diversion. The right could not justify applying the hovercraft rule on the Nation River, as that rule targets nothing of the kind. Pp. 12–15.
