Cite as: 521 U. S. 1 (1997)
Syllabus
beneath both submerged lands and uplands. Section 11(b) of the Alaska Statehood Act, which noted that the United States owned the Reserve and included a statement of exclusive legislative jurisdiction under the Enclave Clause, reflects Congress' intent to ratify the inclusion of submerged lands within the Reserve and to defeat the State's title to those lands. Pp. 32-46. 4. The United States' exception to the recommended ruling that off-shore submerged lands within the Range's boundaries passed to Alaska at statehood is sustained. The United States did not transfer such lands to Alaska at statehood. The 1957 Bureau of Sport Fisheries and Wildlife application to create a wildlife refuge clearly encompassed submerged lands. Since its seaward boundary is the low-water line along Alaska's coast, the Range necessarily encompasses the tidelands. The justification statement accompanying the application, which describes the habitat of various species along the coast and beneath inland waters, further reflects a clear intent to withhold submerged lands. A Department of the Interior regulation in effect when the application was filed and when Congress passed the Alaska Statehood Act operated to "segregate" the lands for which the application was pending. Section 6(e) of that Act expressly prevented lands that had been "set apart as [a] refug[e]" from passing to Alaska. It follows that, because all of the lands covered by the 1957 application had been so "set apart," the United States retained title to submerged lands within the Range. Pp. 46-61.
Exceptions of Alaska overruled; exception of United States sustained;
Special Master's recommendations adopted to the extent consistent with the Court's opinion.
O’Connor, J., delivered the opinion of the Court, in which Stevens, Kennedy, Souter, Ginsburg, and Breyer, JJ., joined, and in Parts I, II, and III of which Rehnquist, C. J., and Scalia and Thomas, JJ., joined. Thomas, J., filed an opinion concurring in part and dissenting in part, in which Rehnquist, C. J., and Scalia, J., joined, post, p. 62.
Jeffrey P. Minear argued the cause for the United States. With him on the briefs were Acting Solicitor General Del-linger, Assistant Attorney General Schiffer, Deputy Solicitor General Kneedler, and Michael W. Reed. G. Thomas Koester argued the cause for defendant. With him on the briefs were Bruce M. Botelho, Attorney General
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