John Sturgeon v. Sue Masica

872 F.3d 927, 47 Envtl. L. Rep. (Envtl. Law Inst.) 20119, 2017 WL 4341742, 2017 U.S. App. LEXIS 19020
CourtCourt of Appeals for the Ninth Circuit
DecidedOctober 2, 2017
Docket13-36165
StatusPublished
Cited by6 cases

This text of 872 F.3d 927 (John Sturgeon v. Sue Masica) is published on Counsel Stack Legal Research, covering Court of Appeals for the Ninth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
John Sturgeon v. Sue Masica, 872 F.3d 927, 47 Envtl. L. Rep. (Envtl. Law Inst.) 20119, 2017 WL 4341742, 2017 U.S. App. LEXIS 19020 (9th Cir. 2017).

Opinions

Concurrence by Judge Nguyen

OPINION

NGUYEN, Circuit Judge:

John Sturgeon would like to use his hovercraft in a national preserve to reach moose hunting grounds. The State of Alaska is fíne with that;1 the federal government is not. Sturgeon’s case turns on which entity—state or federal—gets to decide the matter. On remand from the Supreme Court, we again conclude that the federal government properly exercised its authority to regulate hovercraft use on the rivers within conservation system units in Alaska.

I.

A.

The Yukon-Charley Rivers National Preserve conservation system unit (“Yukon-Charley”) is among the 104 million acres of land in Alaska set aside for preservation purposes by the Alaska National Interest Lands Conservation Act (“ANILCA”), 16 U.S.C. § 3101 et seq. (1980). Like other conservation system units created by ANILCA, Yukon-Charley was drawn around a mix of federal, state, Native Corporation, and private owners.

Within the boundaries of the Yukon-Charley lies a stretch of the Nation River. Sturgeon would like to travel by hovercraft on this part of the river to get to moose hunting grounds located upstream from the preserve. Park Service regulations prohibit the use of hovercraft within “[w]a-ters subject to the jurisdiction of the United States located within the boundaries of the National Park System ... without regard to the ownership of submerged lands, tidelands, or lowlands.” 36 C.F.R. § 1.2(a)(3); see id. § 2.17(e). Alaska permits hovercraft on its waterways. Sturgeon contends that the Nation River belongs to Alaska and that the Park Service has no authority to regulate it. He seeks declara[930]*930tory and injunctive relief preventing the Park Service from enforcing its hovercraft ban.

B.

ANILCA balanced the need to protect “the national interest in the scenic, natural, cultural and environmental values on the public lands in Alaska” with the need to provide “adequate opportunity for satisfaction of the economic and social needs of the State of Alaska and its people.” 16 U.S.C. § 3101(d). Thus, while ANILCA provided that conservation system units in Alaska generally “shall be administered ... under the laws governing the administration of [National Park Service system unit] lands,” id. § 410hh, it “specified that the Park Service could not prohibit on those lands certain activities of particular importance to Alaskans.” Sturgeon v. Frost, — U.S. —, 136 S.Ct. 1061, 1066, 194 L.Ed.2d 108 (2016). For example, Park Service regulations applicable nationwide prohibit hunting and snowmobiling for the most part, see 36 C.F.R. §§ 2.2, 2.18, whereas ANILCA permits, subject to reasonable regulations, “the use of snowma-chines ... for travel to and from villages and homesites,” 16 U.S.C. § 3170(a), and “the taking of ... wildlife for sport purposes and subsistence uses,” id. § 3201.

II.

“Section 103(c) of ANILCA ... addresses the scope of the Park Service’s authority over lands within the boundaries of conservation system units in Alaska.” Sturgeon, 136 S.Ct. at 1067. It provides as follows:

Only those lands within the boundaries of any conservation system unit which are public lands (as such term is defined in this Act) shall be deemed to be included as a portion of such unit. No lands which, before, on, or after December ¾ 1980, are conveyed to the State, to any Native Corporation, or to any private party shall be subject to the regulations applicable solely to public lands within such units. If the State, a Native Corporation, or other owner desires to convey any such lands, the Secretary may acquire such lands in accordance with applicable law (including this Act), and any such lands shall become part of the unit, and be administered accordingly.

16 U.S.C. § 3103(c) (emphasis added). The parties dispute the meaning of section 103(c) and in particular what it means to “be subject to the regulations applicable solely to public lands within such units.”

The key to understanding section 103(c) is the difference between “Federal lands” and “public lands.” ANILCA defines “public lands” as “land situated in Alaska which, after December 2, 1980, are Federal lands” except for land selected by the State of Alaska or a Native Corporation the title to which has not yet' been conveyed. Id. § 3102(3). Similarly, “Federal land” is defined as “lands the title to which is in the United States after December 2, 1980.” Id. § 3102(2). Simply put, Federal lands include land selections made by Alaska and Native Corporations but not yet transferred to them. Public lands do not. These land selections, while still formally belonging to the federal government, are not to be regulated as part of conservation system units.

The first sentence of section 103(c) establishes that the land selections by Alaska and Native Corporations are not “deemed to be included as a portion of such unit[s]” because that distinction belongs “[o]nly” to “public lands.” Both the first and third sentences refer to public lands as being “a portion of’ or “part of’ the conservation system units in Alaska. This is distinct from lands that are merely “within such units,” a phrase used in the second sen[931]*931tence as shorthand for lands “within the boundaries of’ such units but not necessarily a part of them. Land “within such units” includes public lands, the land selections, and non-federal lands. See, e.g., Solid Waste Sites in Units of the National Park System, 59 Fed. Reg. 65,948, 65,949 (Dec. 22, 1994) (“[T]he phrase ‘within the boundaries’ is commonly employed to refer to both Federal land and nonfederally owned land or interests in land within the outer boundaries [of] a [National Park System] unit.”).

The confusion in the second sentence stems from the awkward placement of “within such units.” The phrase is not modified by “solely.” See Sturgeon, 136 S.Ct. at 1070. Rather, it modifies “applicable.” Thus, “regulations applicable solely to public lands within such units” means regulations applicable within such units solely to public lands—as opposed to Federal lands. In other words: regulations that apply only to lands that are deemed part of the units themselves. Outside Alaska, all federally owned lands within conservation system units are deemed part of the unit. See 54 U.S.C. § 100501. “Alaska is different.” Sturgeon, 136 S.Ct. at 1070.

The import of the second sentence is that Federal lands within conservation system units that have been transferred to a non-federal party—like Federal lands that have been selected for state or tribal use—are not “subject to” regulations specific to the conservation system units.2

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Related

Sturgeon v. Frost
D. Alaska, 2020
John Sturgeon v. Bert Frost
941 F.3d 953 (Ninth Circuit, 2019)
Sturgeon v. Frost
587 U.S. 28 (Supreme Court, 2019)
United States v. Eugene Mullins
800 F.3d 866 (Seventh Circuit, 2015)

Cite This Page — Counsel Stack

Bluebook (online)
872 F.3d 927, 47 Envtl. L. Rep. (Envtl. Law Inst.) 20119, 2017 WL 4341742, 2017 U.S. App. LEXIS 19020, Counsel Stack Legal Research, https://law.counselstack.com/opinion/john-sturgeon-v-sue-masica-ca9-2017.