Alaska v. United States

Background

The State of Alaska sued the United States to quiet title to certain marine submerged lands in Southeast Alaska. The Court allowed Alaska to file an amended complaint, appointed a Special Master to oversee briefing, and received the Master’s reports after motions for summary judgment. The dispute focused on pockets and enclaves of water, specific bays, Glacier Bay National Monument, and submerged lands claimed inside the Tongass National Forest. The parties submitted a proposed decree after the Court directed further proceedings in 2005.

Reasoning

The central question was who holds title to the marine submerged lands described in Alaska’s complaint. The Court granted judgment to the United States on counts I, II, and IV, holding that the United States owns submerged lands that are more than three geographic miles seaward from the coastline and those within the exterior boundaries of Glacier Bay as of statehood. The Court dismissed count III for lack of jurisdiction. The decree defines “marine submerged lands” and “coast line” using the Submerged Lands Act and explains that the Alexander Archipelago waters at issue are not historic inland waters.

Real world impact

As a result, the federal government has clear title to specified offshore submerged lands in Southeast Alaska, and Alaska’s claims to those areas fail. Glacier Bay’s submerged lands remain under federal title as of statehood boundaries. The United States also issued a qualified disclaimer for submerged lands within the Tongass National Forest, but important exceptions preserve federal interests more than three miles out, lands under other agencies, and military holdings. The Court retains jurisdiction to enforce and supplement this decree.