546 US 413 Alaska v United States

Case TextDecree

ALASKA v. UNITED STATES

on bill of complaint

No. 128, Orig. Decided June 6, 2005–Decree entered January 23, 2006

Opinion reported: 545 U. S. 75.

The Report of the Special Master is received and ordered
filed. The joint motion for entry of decree is granted, and
the proposed decree is entered. Gregory E. Maggs, Esq., of
Washington, D. C., the Special Master in this case, is hereby
discharged with the thanks of the Court. The Chief Justice
took no part in the consideration or decision of this case.

DECREE

On June 12, 2000, the Court granted the State of Alaska
leave to file a bill of complaint to quiet title relating to certain
marine submerged lands in southeast Alaska. 530 U. S.
1228. The Court appointed a Special Master to direct subsequent
proceedings and to submit such reports as he deemed
appropriate. 531 U. S. 941 (2000). On January 8, 2001, the
Court granted the State of Alaska leave to file an amended
complaint. 531 U. S. 1066. On March 5, 2001, the Court referred
the State of Alaska’s amended complaint and the
United States’ answer to the Master. 532 U. S. 902. From
2001 to 2004, the Special Master oversaw extensive briefing
of motions for summary judgment relating to the various
counts of the amended complaint. On April 26, 2004, the
Court received and ordered filed the Report of the Special
Master on Six Motions for Partial Summary Judgment and
One Motion for Confirmation of a Disclaimer of Title (Mar.
2004). 541 U. S. 1008. On June 6, 2005, this Court overruled
the State of Alaska’s exceptions and directed the parties
to prepare and submit an appropriate decree to the Master
for the Court’s consideration. 545 U. S. 75, 110. The

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parties have prepared a proposed decree, and the Master
recommends its approval.

Accordingly,

IT IS ORDERED, ADJUDGED, AND DECREED

1. On counts I and II of the amended complaint of the
State of Alaska, judgment is granted to the United States,
and the State of Alaska shall take nothing. As between the
State of Alaska and the United States, the United States has
title to the marine submerged lands underlying the pockets
and enclaves of water at issue in counts I and II of the State
of Alaska’s amended complaint, which are those marine submerged
lands that are more than three geographical miles
from every point on the coastline of the mainland or of any
individual island of the Alexander Archipelago. See 545

U. S. 75, 80 (2005). For purposes of determining the United
States’ title:

(a) the term “marine submerged lands” means all lands
permanently or periodically covered by tidal waters up
to but not above the line of mean high tide (Submerged
Lands Act, § 2(a)(2), 67 Stat. 29 (43 U. S. C. § 1301(a)(2)));
(b) the term “coast line” means “the line of ordinary low
water along that portion of the coast which is in direct
contact with the open sea and the line marking the seaward
limit of inland waters,” as defined in § 2(c) of the
Submerged Lands Act, ibid. (43 U. S. C. § 1301(c)); and
(c) the line marking the seaward limit of inland waters
shall be determined in accordance with the Court’s rulings
that: (i) the waters of the Alexander Archipelago
do not constitute historic inland waters; and (ii) “North
Bay,” “South Bay,” Sitka Sound, and Cordova Bay, as
designated in this action, do not constitute juridical
bays. See 545 U. S., at 81—96.

2. On count IV of the amended complaint of the State of
Alaska, judgment is granted to the United States, and the

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State of Alaska shall take nothing. As between the State
of Alaska and the United States, the United States has title
to the marine submerged lands within the exterior boundaries
of Glacier Bay National Monument as those boundaries
existed on the date of the State of Alaska’s admission to the
Union. See 545 U. S., at 96—110. For purposes of determining
the United States’ title, the term “marine submerged
lands” means all lands permanently or periodically covered
by tidal waters up to but not above the line of mean high
tide (Submerged Lands Act, § 2(a)(2), 67 Stat. 29 (43

U. S. C. § 1301(a)(2))).

3. The motion of the State of Alaska for summary judgment
on count III is dismissed as moot, and count III is
dismissed for lack of jurisdiction. In accordance with 28

U. S. C. § 2409a(e), the following disclaimer of the United

States is confirmed:
DISCLAIMER

(1) Pursuant to the Quiet Title Act, 28 U. S. C.
§ 2409a(e), and subject to the exceptions set out in paragraph
(2), the United States disclaims any real property
interest in the marine submerged lands within the exterior
boundaries of the Tongass National Forest, as those
boundaries existed on the date of Alaska Statehood.
(2) The disclaimer set out in paragraph (1) does not
disclaim:
(a) any submerged lands that are subject to the exceptions
set out in § 5 of the Submerged Lands Act, 67
Stat. 32 (43 U. S. C. § 1313);
(b) any submerged lands that are more than three
geographic miles seaward of the coastline;
(c) any submerged lands that were under the jurisdiction
of an agency other than the United States Department
of Agriculture on the date of the filing of the
complaint in this action;

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(d) any submerged lands that were held for military,
naval, Air Force, or Coast Guard purposes on the date
that Alaska entered the Union.
(3) For purposes of this disclaimer:

(a) The term “coast line” means “the line of ordinary
low water along that portion of the coast which is in
direct contact with the open sea and the line marking
the seaward limit of inland waters,” as defined in § 2(c)
of the Submerged Lands Act, id., at 29 (43 U.S.C.
§ 1301(c)).
(b) The term “submerged lands” means “lands beneath
navigable waters” as defined in § 2(a) of the Submerged
Lands Act, ibid. (43 U. S. C. § 1301(a)).
(c) The term “marine submerged lands” means “all
lands permanently or periodically covered by tidal waters
up to but not above the line of mean high tide.”
See Submerged Lands Act, ibid. § 2(a)(2), (43 U. S. C.
§ 1301(a)(2)).
(d) The term “jurisdiction” has the meaning of that
word in the Quiet Title Act, 28 U. S. C. § 2409a(m).
(e) The exception set out in § 5(a) of the Submerged
Lands Act, 67 Stat. 32 (43 U. S. C. § 1313(a)), for lands
“expressly retained by or ceded to the United States
when the State entered the Union” does not include
lands under the jurisdiction of the Department of Agriculture
unless, on the date Alaska entered the Union,
that land was:
(i) withdrawn pursuant to Act of Congress, Presidential
Proclamation, Executive Order, or public land order of
the Secretary of Interior, other than Presidential Proclamation
No. 37, 32 Stat. 2025, which established the Alexander
Archipelago Forest Reserve; Presidential Proclamation
of Sept. 10, 1907 (35 Stat. 2152), which created
the Tongass National Forest; or Presidential Proclamations
of Feb. 16, 1909 (35 Stat. 2226), and June 10, 1925

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(44 Stat. 2578), which expanded the Tongass National
Forest; or

(ii) subject to one or more of the following pending applications
for withdrawal pursuant to 43 CFR pt. 295
(1954 rev. and Supp. 1958), designated by Bureau of
Land Management serial numbers: AKA 022828; AKA
026916; AKA 029820; AKA 031178; AKA 032449; AKA
033871; AKA 034383; AKJ 010461; AKJ 010598; AKJ
010761; AKJ 011157; AKJ 011168; AKJ 011203; AKJ
011210; AKJ 011212; AKJ 011213; AKJ 011291.

4. The Court retains jurisdiction to entertain such further
proceedings, enter such orders, and issue such writs as from
time to time may be deemed necessary or advisable to effectuate
and supplement this Decree and the rights of the respective
parties. In all other respects, this Decree is final.

OpenJurist

546 U.S. 413 - Alaska v United States

546 US 413 Alaska v United States

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