Page:John Sturgeon v. Bert Frost, in his official capacity as Alaska Regional Director of the National Park Service.pdf/8

4 mining on substantial acreage. See W. Borneman, Alaska: Saga of a Bold Land 240–241 (2003). Alaskans responded by burning Pinchot in effigy and, more creatively, organizing the “Cordova Coal Party”—a mass dumping of imported Canadian coal (instead of English tea) into the Pacific Ocean (instead of Boston Harbor). See ibid. The terms of future conflict were thus set: resource conservation vs. economic development, federal management vs. local control.

By the 1950s, Alaskans hankered for both statehood and land—and Congress decided to give them both. In pressing for statehood, Alaska’s delegate to the House of Representatives lamented that Alaskans were no better than “tenants upon the estate of the national landlord;” and Alaska’s Governor (then a Presidential appointee) called on the country to “[e]nd American [c]olonialism.” W. Everhart, The National Park Service 126–127 (1983) (Everhart). Ever more aware of Alaska’s economic and strategic importance, Congress agreed the time for statehood had come. The 1958 Alaska Statehood Act, 72 Stat. 339, made Alaska the country’s 49th State. And because the new State would need property—to propel private industry and create a tax base—the Statehood Act made a land grant too. Over the next 35 years, Alaska could select for itself 103 million acres of “vacant, unappropriated, and unreserved” federal land—an area totaling the size of California. §§6(a)–(b), 72 Stat. 340, as amended; see Everhart 127. And more: By incorporating the Submerged Lands Act of 1953, the Statehood Act gave Alaska “title to and ownership of the lands beneath navigable waters,” such as the Nation River. 43 U. S. C. §1311; see §6(m), 72 Stat. 343. And a State’s title to the lands beneath navigable waters brings with it regulatory authority over “navigation, fishing, and other public uses” of those waters. United States v. Alaska, 521 U. S. 1, 5 (1997). All told, the State thus emerged a formidable property holder.