Sturgeon v. Frost (14-1209)
argument 14-1209Sturgeon v. Frost
Supreme Court of the United States
1h 1m
5 speakers
8 chapters
transcribed 5 days ago
official recording ↗
Transcript
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What is the legal dispute over the scope of the National Park Service’s authority in Alaska?
You'll hear argument next in case fourteen twelve oh nine, Sturgeon versus Frost. Mr Finley.
Thank you. Mr Chief Justice, and may it please the Court. Anilka was the result of a grand bargain. Congress enacted Anilka to finally resolve land ownership in Alaska. a process that began with the Statehood Act and continued with the Native Plains Settlement Act. both statutes that granted land to the state and native corporations to further economic development and self sufficiency for Alaska and its people. A Nilka very carefully balanced conservation with those important goals.
Mr Mr Finley, can I ask just two very quick clarifying questions, just so I understand what is at issue here. Your argument applies to the navigable rivers. Generally, is that right? In other words, to the navigable rivers running through the federally owned land as well as to those running through the in holdings?
If the navigable river is surrounded by the outer boundaries of the park, yes, that's covered by Section one hundred three C.
And is there any information in the record about whether your client actually was running his boat. on the portions which were are within The federally owned parts or instead it is the inholdings. Is that what you call them?
That is one word for it. He was within the shore on either side of where his hovercraft was stopped was federal public land. Yes.
Was federal public
land. Yes. Okay. Oh sure. Just uh again on a preliminary question. Sir, is it conceded by all or is it not that this is navigable that these are navigable waters? Yes. And the Ninth Circuit issued a decision in two thousand one called Alaska via United States by Judge Kleinfeld, which adjudicated the Nation River navigable. And that's not contested here. No, it is not contested here.
So you're claiming a right not merely to use the hovercraft in the non public lands. you're claiming that there's no residual right to control navigable waters in the federal lands area.
What Mr. Surgeon is arguing to be very specific about that is that the Park Service does not have authority to issue its park management regulations to cover State Navigable Waters that run through these Enoka Parks.
So what do you do about the uh Anoka provision that says that boating and other water activities within public lands w within federal public lands can be regulated.
Yes. And those apply to all kinds of waters that are not navigable. Those apply to Federal waters and those That's
not what it says. It says any waters in the jurisdiction of the United States.
It doesn't say navigable waters. And there you
could apply to both is what I am saying. What says it excludes navigable waters.
You turn back to the definition of public lands in the statute, which makes clear for anything to be public lands, the United States must hold title. And there really is no dispute, the United States does not hold title to the submerged lands or the navigable waters. So those navigable waters, they aren't public lands. Section one hundred three C makes crystal clear they're not part of the park and they are not subject to regulations solely enacted to manage park land.
I wasn't sure, but I I thought maybe they were suggesting that the navigational servitude and its reserved rights were uh were title.
Um they're not title interest. They are both non possessory use rights. Um even the Ninth Circuit made crystal clear that the navigational servitude is not something the United States owns. And the submerged lands act itself disavows an actual title proprietary interest pursuant to the navigational servitude. Reserved water rights, you have the same answer. They're a non possessory use right. So uh it it it it may well be you think that the federal government would have authority to do this. in the exercise of its nav uh navigational servitude. even though it doesn't have authority to do it, as you assert, under the Park Service. Um our objection is to the Park Service as asserting its regulation on these navigable waters.
Our position is Congress expressly denied this authority to the Park Service in one oh three.
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Chapters
8 chapters
1
What is the legal dispute over the scope of the National Park Service’s authority in Alaska?
0:00–7:28
2
How does the Ninth Circuit’s Alaska v. Sturgeon decision interpret Section 103 C of ANILCA?
7:28–15:00
3
Why does the government argue that navigable waters are not “public lands” under the statute?
15:00–23:12
4
What is the significance of the “solely” language in Section 103 C for regulating private in‑holdings?
23:12–30:59
5
How do the parties use the concepts of “reserved water rights” and the “navigational servitude” in their arguments?
30:59–37:56
6
What role do other federal agencies (EPA, Coast Guard, Corps of Engineers) play in regulating the waters at issue?
37:56–45:16
7
How does the statutory history and Senate reports inform the interpretation of ANILCA’s water‑management provisions?
45:16–54:09
8
What are the parties’ final positions on whether the hovercraft regulation applies to non‑public lands and navigable waters?
54:09–1:02:00