Page:John Sturgeon v. Bert Frost, in his official capacity as Alaska Regional Director of the National Park Service.pdf/14

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STURGEON v. FROST

Opinion of the Court

Native Corporations (under the Statehood Act or ANCSA). §3102(2), (3); see supra, at 4–5. “Public lands” are therefore most but not quite all lands (and again, waters and interests) that the Federal Government owns.

Finally, to recap. As explained in Sturgeon I., “Section 103(c) draws a distinction between ‘public’ and ‘non-public’ lands within the boundaries of conservation system units in Alaska.” 577 U. S., at ___ (slip op., at 14). Section 103(c)’s first sentence makes clear that only public lands (again, defined as most federally owned lands, waters, and associated interests) would be considered part of a system unit (again, just meaning a national park, preserve, or similar area). By contrast, state, Native, or private lands would not be understood as part of such a unit, even though they in fact fall within its geographic boundaries. Section 103(c)’s second sentence then expressly exempts all those non-public lands (the inholdings) from certain regulations—though exactly which ones, as will soon become clear, is a matter of dispute. And last, Section 103(c)’s third sentence enables the Secretary to buy any inholdings. If he does, the lands (because now public) become part of the park, and may be administered in the usual way—e. g., without the provision’s regulatory exemption.

C

We can now return to John Sturgeon, on his way to a hunting ground alternatively dubbed “Moose Meadows” or “Sturgeon Fork.” As recounted above, Sturgeon used to travel by hovercraft up a stretch of the Nation River that lies within the boundaries of the Yukon–Charley Preserve. See supra, at 1. Until one day, when three park rangers approached Sturgeon while he was repairing his steering cable and told him he was violating a Park Service rule. According to the specified regulation, “[t]he operation or use of hovercraft is prohibited” on navigable (and some