Sotomayor, J., concurring
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, 19, n. 5.[1] 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.” 54 U. S. C. §§100751(a), (b) (emphasis added). Nothing in the text of the Organic Act suggests that the Service is powerless over out-of-park areas in the midst of public parklands, like the Nation River.
This brings us back to Jane, this time canoeing down the Nation River with a gallon of toxic insecticide onboard.
- ↑ 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 16 (nonpublic lands “may not be regulated as part of the park”); ante, at 18 (Section 103(c)’s exclusion “exempt[s] non-public lands… from the Park Service’s ordinary regulatory authority”); ante, at 19 (the areas “are no longer subject to the Service’s power over ‘System units’ and the ‘water located within’ them”); ante, at 22 (rejecting suggestion that inholdings can be “regulated as parklands”); ante, at 25 (the inholdings “are not subject to regulation as parkland”).
