Page:John Sturgeon v. Bert Frost, in his official capacity as Alaska Regional Director of the National Park Service.pdf/45

Rh The Wild and Scenic Rivers Act, 16 U. S. C. §1271 et seq., established a system of rivers that “possess outstandingly remarkable scenic, recreational, geologic, fish and wildlife, historic, cultural, or other similar values.” §1271. Congress created the system to “preserv[e]” designated rivers “in free-flowing condition.” Ibid. Rivers can become part of the system if they are designated by an Act of Congress. §1273(a)(i).

ANILCA designated 26 Alaskan rivers as components of this system, more than doubling the mileage of the rivers in the system at the time. 16 U. S. C. §1274; S. Johnson & L. Comay, CRS Report for Congress, The National Wild and Scenic Rivers System: A Brief Overview 1 (2015); see §1281(c). ANILCA, in turn, expressly defines the Alaskan park system as including “any unit in Alaska of the… National Wild and Scenic Rivers Systems.” §3102(4).

Although ANILCA §103(c) generally has the effect of removing navigable waters from the legal boundaries of Alaska’s parks, Congress’ highly specific definition of the Wild and Scenic Rivers as a portion of Alaska’s park system overrides ANILCA §103(c)’s general carveout. “General language of a statutory provision… will not be held to apply to a matter specifically dealt with in another part of the same enactment.” D. Ginsberg & Sons, Inc. v. Popkin, 285 U. S. 204, 208 (1932). To make sense of ANILCA §103(c) within the context of the rest of ANILCA, the Service should retain full authority to regulate the Wild and Scenic Rivers as parklands.