Page:John Sturgeon v. Bert Frost, in his official capacity as Alaska Regional Director of the National Park Service.pdf/3

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3. Navigable waters within Alaska’s national parks—no less than other non-public lands—are exempt from the Park Service’s normal regulatory authority. The Service argues that, if nothing else, ANILCA must at least allow it to regulate navigable waters. The Act, however, does not readily allow the decoupling of navigable waters from other non-federally owned areas in Alaskan national parks. ANILCA defines “land” to mean “lands, waters, and interests therein,” §3102(1)–(3); so when it refers to “lands” in Section 103(c) (and throughout the Act) it means waters as well. Nothing in the few aquatic provisions to which the Service points conflicts with reading