Page:John Sturgeon v. Bert Frost, in his official capacity as Alaska Regional Director of the National Park Service.pdf/6

This page has been proofread, but needs to be validated.
2
STURGEON v. FROST

Opinion of the Court

courts denied him relief. This Court, though, thought there was more to be said. See id., at ___–___ (slip op., at 15–16).

As we put the matter then, Sturgeon’s case raises the issue how much “Alaska is different” from the rest of the country—how much it is “the exception, not the rule.” Id., at ___–___ (slip op., at 13–14). The rule, just as the rangers told Sturgeon, is that the Park Service may regulate boating and other activities on waters within national parks—and that it has banned the use of hovercrafts there. See 54 U. S. C. §100751(b); 36 CFR §2.17(e) (2018). But Sturgeon claims that Congress created an Alaska-specific exception to that broad authority when it enacted the Alaska National Interest Lands Conservation Act (ANILCA), 94 Stat. 2371, 16 U. S. C. §3101 et seq. In Alaska, Sturgeon argues, the Park Service has no power to regulate lands or waters that the Federal Government does not own; rather, the Service may regulate only what ANILCA calls “public land” (essentially, federally owned land) in national parks. And, Sturgeon continues, the Federal Government does not own the Nation River—so the Service cannot ban hovercrafts there. When we last faced that argument, we disagreed with the reason the lower courts gave to reject it. But we remanded the case for consideration of two remaining questions. First, does “the Nation River qualif[y] as ‘public land’ for purposes of ANILCA”? 577 U. S., at ___ (slip op., at 15). Second, “even if the [Nation] is not ‘public land,’” does the Park Service have authority to “regulate Sturgeon’s activities” on the part of the river in the Yukon–Charley? Id., at ___ (slip op., at 16). Today, we take up those questions, and answer both “no.” That means Sturgeon can again rev up his hovercraft in search of moose.