United States v. Alaska, 521 U.S. 1, 14 (1997)

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14

UNITED STATES v. ALASKA

Opinion of the Court

not attach controlling legal significance to any general delimitation formula.

The Master in that case recited a series of statements and precedents following Mississippi's admission to the Union supporting the view that the Federal Government had treated the waters of Mississippi Sound as inland waters. These statements included multiple references to a rule for closing gulfs, bays, and estuaries with mouths less than 10 miles wide as inland waters, Report of Special Master in Alabama and Mississippi Boundary Case, O. T. 1983, No. 9 Orig., pp. 40, 42, 48-49, 52, and to a rule for closing straits leading to inland waters, id., at 42, 49-50. In addition, the Master cited a 1961 letter from the Solicitor General to the Director of the United States Coast and Geodetic Survey concerning coastline delimitation principles for the Gulf of Mexico, proposing to treat " '[w]aters enclosed between the mainland and offlying islands . . . so closely grouped that no entrance exceeds ten miles' " as inland waters. Id., at 52.

In excepting to the Master's conclusion that the waters of Mississippi Sound qualified as historic inland waters, the United States argued that the "generalized . . . formulations" recited by the Master could not support the States' claim, without evidence of specific federal claims to inland waters status for Mississippi Sound. Exceptions of United States in Alabama and Mississippi Boundary Case, O. T. 1983, No. 9 Orig., pp. 32-33. The Court assumed that the United States' position was correct, but concluded that the States had in fact identified "specific assertions of the status of [Mississippi] Sound as inland waters." 470 U. S., at 107; see id., at 108-110.

In light of the Court's assumption that specific assertions of dominion would be critical to the States' historic title claim, we cannot conclude that any general delimitation policy identified in the Alabama and Mississippi Boundary Case is controlling here. The Court's inquiry in the Alabama and Mississippi Boundary Case was not whether the

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