News Release
Date: November 5, 2020
Contact: Peter Christian
ANCHORAGE, Alaska — The National Park Service (NPS) today released final regulations in response to the March 2019 U.S. Supreme Court decision in Sturgeon v. Frost. That decision determined that the NPS regulatory authority was limited by the Alaska National Interest Lands Conservation Act (ANILCA) to federally owned lands, and not to State, Native corporation, or private lands, irrespective of park unit boundaries. The revised regulations clarify that ANILCA did not give the NPS jurisdiction to regulate lands and waters within the boundaries of Alaska National Park System units that are not federally owned, including navigable waters and other inholdings. The final rule recognizes that under ANILCA only federally owned lands and waters can be regulated as a part of a park unit.
“This is an important rule bringing the National Park Service regulations into compliance with ANILCA’s protections for State and private lands as directed by the U.S. Supreme Court,” said Assistant Secretary for Fish, Wildlife and Parks Rob Wallace.
The unanimous U.S. Supreme Court decision involved an attempt by the NPS to prohibit the operation of a private hovercraft on the state-owned Nation River where it flows through Yukon-Charley Rivers National Preserve. According to the Supreme Court, and consistent with ANILCA, NPS authority under the revised regulations is limited to federally owned lands and waters within the exterior boundaries of Alaska park areas. Lands that are not federally owned, including those owned by the state of Alaska, Alaska Native corporations, and private individuals, are not subject to NPS rules and authority. This includes state-owned submerged lands underlying navigable waters, even within the external boundary of an Alaska park unit.
The NPS published a proposed rule in the Federal Register on April 30, 2020 and received 32 public comments. Many comments sought clarification regarding the extent of NPS regulatory authority. The final rule incorporates language that addresses public concerns. The final rule is available at https://www.federalregister.gov/documents/2020/11/16/2020-24899/jurisdiction-in-alaska.
CONTACTS: Pete Christian, NPS Region 11 Public Affairs Officer, 907-707-9738
www.nps.gov
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Last updated: November 16, 2020