United States v. Alaska, 521 U.S. 1, 41 (1997)

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Cite as: 521 U. S. 1 (1997)

Opinion of the Court

Div. of State Lands, where the disputed submerged lands were unnecessary for achieving the federal objectives.

2

Under Utah Div. of State Lands, we must ask not only whether the United States intended a reservation to include submerged lands, but also whether the United States intended to defeat a future State's title to those lands. The Master found that Congress expressed a clear intent to defeat state title in § 11(b) of the Alaska Statehood Act. Pub. L. 85-508, 72 Stat. 347. That section provides that the United States has the "power of exclusive legislation . . . as provided by [the Enclave Clause of the Constitution, Art. I, § 8, cl. 17,] over such tracts or parcels of land as, immediately prior to the admission of said State, are owned by the United States and held for military . . . purposes, including naval petroleum reserve numbered 4 [the National Petroleum Reserve]." The Master concluded that § 11(b), "in referring to the Reserve as 'owned by the United States,' clearly contemplate[d] continued federal ownership of the Reserve." Report 433.

Alaska argues that § 11(b)'s reference to exclusive federal legislative authority over the Reserve under the Enclave Clause says nothing about United States' title to submerged lands within the Reserve. Alaska suggests that the United States need not own all lands within a military area to exercise jurisdiction, and Congress "had no reason to defeat State title to submerged lands [since] it always retains plenary authority to regulate navigable waters for defense purposes." Alaska Exceptions Brief 64. Alaska thus attempts to align this case with Utah Div. of State Lands, where we found no clear intent to defeat state title to the bed of Utah Lake, in part because the United States need not have defeated state title to preserve its ability to develop a reservoir or water reclamation project at the lake. 482 U. S., at 208.

41

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