United States v. Alaska, 521 U.S. 1, 42 (1997)

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42

UNITED STATES v. ALASKA

Opinion of the Court

Alaska's argument fails for several reasons. First, Alaska ignores the fact the Reserve was not created to preserve the United States' "authority to regulate navigable waters for defense purposes," but to preserve the Government's ability to extract petroleum resources. Ownership may not be necessary for federal regulation of navigable waters, but it is necessary to prevent the Reserve's petroleum resources from being drained from beneath submerged lands. Second, when the United States exercises its power of "exclusive legislation" under the Enclave Clause, it necessarily acquires title to the property. See James v. Dravo Contracting Co., 302 U. S. 134, 141, 142 (1937) ("[The Enclave Clause] governs those cases where the United States acquires lands with the consent of the legislature of the State for the purposes there described" (emphasis added)); see also Collins v. Yosemite Park & Curry Co., 304 U. S. 518, 527 (1938). Third, Alaska's argument that § 11(b) of the Statehood Act says nothing about federal ownership of the Reserve ignores the fact that, on its face, § 11(b) states that the United States "owned" the Reserve.

As discussed supra, at 38-41, the Reserve included submerged lands. Section 11(b) thus reflects a clear congressional statement that the United States owned and would continue to own submerged lands included within the Reserve. The conclusion that Congress was aware when it passed the Alaska Statehood Act that the Reserve encompassed submerged lands is reinforced by other legislation, enacted just before Alaska's admission to the Union, granting certain offshore lands to the Territory of Alaska. See Pub. L. 85-303, § 2(a), 71 Stat. 623. Congress expressly exempted from that grant "all oil and gas deposits located in the submerged lands along the Arctic coast of naval petroleum reserve numbered 4 [the National Petroleum Reserve]." § 3(d) (emphasis added). Moreover, in contrast to Utah Div. of State Lands, defeating state title to submerged lands was necessary to achieve the United States' objec-

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