alaska argued february decided june held alaska exception recommended ruling state submerged lands vicinity barrier islands along arctic coast measured mile belt coastline following normal baseline convention territorial sea contiguous zone convention overruled coastline state measures submerged lands act grant corresponds baseline measures territorial sea convention according convention normal baseline approach island belt territorial sea measured outward baseline corresponding low water line along island coast alaska objects application approach stefansson sound offshore islands six miles apart six miles mainland gives enclaves submerged lands wholly partly surrounded state owned submerged lands beneath waters three miles mainland notwithin three miles island louisiana foreclose conclusion convention normal baseline principles apply alaska identified firm continuing rule treating waters mainland fringing islands inland waters openings lying islands miles wide sources master showed foreign relations particularly period advocated rule objectionable pockets high seas mainland fringing islands assimilated coastal nation territorial sea rule inconsistent alaska mile rule objectionable pockets high seas existed also advocated rule treating waters strait leading inland sea inland waters equivalent alaska rule pp alaska exception recommended ruling gravel ice formation known dinkum sands island constituting part alaska coastline submerged lands act overruled master err concluding dinkum sands meet standard island frequently mean high water convention drafting history suggests qualify island feature must high water except abnormal circumstances support broader conclusion feature seasonal loss elevation brings mean high water dinkum sands qualifies precedent deeming dinkum sands island periods mean high water pp alaska exception recommended ruling submerged lands beneath tidally influenced waters within reserve boundary pass alaska statehood overruled reserve submerged lands federal control appropriate public purpose strict standards utah div state lands executive order creating reserve reflected clear intent include submerged lands within reserve addition fact order refers coastal features necessarily covers tidelands excluding submerged lands beneath coastal features inconsistent reserve purpose secure oil supply necessarily exist beneath submerged lands uplands section alaska statehood act noted owned reserve included statement exclusive legislative jurisdiction enclave clause reflects congress intent ratify inclusion submerged lands within reserve defeat state title lands pp exception recommended ruling offshore submerged lands within range boundaries passed alaska statehood sustained transfer lands alaska statehood bureau sport fisheries wildlife application create wildlife refuge clearly encompassed submerged lands since seaward boundary low water line along alaska coast range necessarily encompasses tidelands justification statement accompanying application describes habitat various species along coast beneath inland waters reflects clear intent withhold submerged lands department interior regulation effect application filed congress passed alaska statehood act operated segregate lands application pending section act expressly prevented lands set apart refug passing alaska follows lands covered application set apart retained title submerged lands within range pp exceptions alaska overruled exception sustained special master recommendations adopted extent consistent opinion delivered opinion stevens kennedy souter ginsburg breyer joined parts ii iii rehnquist scalia thomas joined thomas filed opinion concurring part dissenting part rehnquist scalia joined notice opinion subject formal revision publication preliminary print reports readers requested notify reporter decisions wash ington typographical formal errors order corrections may made preliminary print goes press orig america plaintiff state alaska bill complaint june justice delivered opinion original action presents dispute state alaska ownership submerged lands along alaska arctic coast leave filed bill complaint setting dispute right offer lands beaufort sea mineral leasing alaska counterclaimed seeking decree quieting title coastal submerged lands within two federal reservations national petroleum reserve alaska arctic national wildlife range arctic national wildlife refuge appointed special master special master oversaw extensive hearings briefing us report special master exceptions parties overrule alaska exceptions sustain alaska dispute ownership lands underlying tidal waters alaska north slope region rich oil sovereign seeks right grant leases offshore exploration share oil gas revenues contested lands several general principles govern analysis theparties claims ownership submerged lands carries power control navigation fishing public uses water essential attribute sovereignty utah div state lands doctrine lessee pollard hagan new admitted union equal footing original colonies succeed title beds navigable waters within boundaries although power divest future state equal footing title submerged lands lightly infer action utah div state lands supra california california distinguished submerged lands located shoreward low water line along state coast submerged lands located seaward line lands shoreward low water line periodically submerged tidelands inland navigable waters pass state equal footing doctrine original colonies right lands seaward coastline newly created therefore claim equal footing rationale accordingly paramount sovereign rights submerged lands seaward low water line following california decision congress enacted submerged lands act stat et seq act confirmed established title interest lands beneath navigable waters within boundaries respective act defines lands beneath navigable waters include lands ordinarily pass state equal footing doctrine lands paramount sovereign rights beneath mile belt territorial sea act essentially confirmsstates equal footing rights tidelands submerged lands beneath inland navigable waters also establishes title submerged lands beneath mile belt territorial sea otherwise held california ex rel state lands alaska statehood act expressly provides submerged lands act applies alaska pub stat general matter alaska entitled equal footing doctrine submerged lands act submerged lands beneath tidal inland navigable waters submerged lands act alone submerged lands extending three miles seaward coastline hearings special master parties identified specific issues resolution treat three groups first parties disputed legal principles governing alaska ownership submerged lands near certain barrier islands along arctic coast second parties contested proper legal characterization particular coastal features including gravel ice formation flaxman island chain known dinkum sands third parties disputed whether alaska became state retained ownership certain submerged lands located within two federal reservations national petroleum reserve alaska northwest arctic national wildlife refuge northeast reservation master considered whether seaward boundary encompassed certain disputed waters whether particular executive congressional actions prevented lands beneath tidally influenced waters passing alaska statehood alaska excepts three master recommendations first claims master erred concluding waters alaskan mainland andcertain barrier islands inland waters limits form portion state coastline purposes measuring state mile submerged lands act grant alaska argues time statehood clear policy enclosing waters behind near fringing islands inland waters abandoning policy alaska argues federal government impermissibly contracted alaska recognized territory second state challenges master conclusion dinkum sands island master approach low water line dinkum sands part alaska coastline state claim ownership submerged lands covering area square miles surrounding feature alaska argues master erred construing relevant definition island applying definition dinkum sands third state claims master erred determining retained ownership certain submerged lands within boundaries national petroleum reserve alaska statehood alaska argues executive lacked authority prevent submerged lands passing alaska attempt include submerged lands within reserve sufficiently clear defeat alaska title equal footing doctrine submerged lands act excepts master recommendation concerning arctic national wildlife refuge master concluded among things administrative application refuge insufficient set apart submerged lands within proposed boundaries result master concluded submerged lands within refuge passed alaska statehood consider exceptions turn applying submerged lands act alaska alaska statehood act see pub stat congress granted state title submerged lands beneath mile belt territorial sea measured state coast line act defines term coast line line ordinary low water along portion coast direct contact open sea line marking seaward limit inland waters alaska first exception requires us consider presence barrier islands along northern shore affects delimitation coastline issue primary relevance beaufort sea national petroleum reserve alaska arctic national wildlife refuge joint federal state sale mineral leases covering called leased area conducted december yielded large sums held escrow awaiting outcome suit cases submerged lands act expressly address questions might arise locating coastline relied definitions principles convention territorial sea contiguous zone apr convention see california california ii specifically coastline state measures submerged lands act grant corresponds baseline measures territorial sea convention government argued special master measures territorial sea normal baseline low water line along coast art supplemented closing lines drawn across bays mouths rivers see arts article convention island belt territorial sea measuredoutward baseline corresponding low water line along island coast although claims territorial sea belt nautical miles see presidential proclamation cfr comp note following concerned case mile belt territorial sea determines state submerged lands act grant article convention outer limit territorial sea belt line every point three miles nearest point baseline means measuring outer limit belt also known arcs circles method alaska objected application article normal baseline approach arctic coast leased area beaufort sea offshore islands six miles apart six miles mainland alaska owns offshore submerged lands beneath mile belt territorial sea enclaves submerged lands wholly partly surrounded state owned submerged lands beneath waters three miles mainland within three miles island two federal enclaves exist leased area mainland flaxman island chain beneath waters stefansson sound eliminate enclaves alaska offered alternative theories determining seaward limit submerged lands vicinity barrier islands alaska principally contended required draw straight baselines connecting barrier islands measure territorial sea baselines article convention permits nation use straight baselines measure territorial sea localities coast line deeply indented cut fringe islands along coast immediate vicinity parties agree satisfies description approach waters landward baseline treated inland waters alaska submerged lands beneath waters master rejected approach finding use straight baselines article permissive mandatory decision whether use straight baselines normally one federal government report special master hereinafter report never opted draw straight baselines article see california ii supra louisiana louisiana boundary case louisiana alabama mississippi boundary case maine massachusetts boundary case variant straight baselines argument alaska claimed historically treated waters mainland fringing islands inland waters long openings lying islands miles wide alaska argue ever specifically asserted dealings foreign nations waters stefansson sound inland waters rather alaska attempted identify general consistent mile rule invoked domestic international affairs applied alaska arctic coast state argued rule require treating waters stefansson sound inland waters master examined boundary delimitation practices concluded well established rule treating waters mainland fringing islands inland waters master recognized alabama mississippi boundary case suggested stateshad enclos ed inland waters areas mainland lying islands closely grouped entrance exceeded geographical miles observing statement strictly necessary decision alabama mississippi boundary case master declined rely master therefore concluded purposes measuring alaska submerged lands state coastline correspond normal baseline article convention reasons discussed find error master approach convention nation past boundary delimitation practice relevant narrow context specifically nation claims certain waters historic inland waters article convention certain geographic criteria met article convention permits nation draw closing line across mouth bay measure territorial sea outward line waters enclosed line considered internal waters article also permits nation enclose historic bays even waters satisfy geographic criteria article body water qualify historic bay coastal nation must effectively exercised sovereignty area continuously time sufficient create usage done general toleration community nations alabama mississippi boundary case supra citing juridical regime historic waters including historic bays doc internal quotation marks omitted accordingly state within wishes claim submerged lands based area status historic inland waters state must demonstrate exercises authority area done continuously done acquiescence foreign nations see alabama mississippi boundary case supra recognizing strict evidentiary requirements alaska contend waters stefansson sound historic inland waters alaska purport show specific assertion waters stefansson sound inland waters rather alaska argues time admitted union general publicly stated policy enclosing inland waters areas mainland closely grouped fringing islands general formula applied alaska arctic coast state argues waters stefansson sound qualify inland waters alaska maintains policy effect early published set charts strictly applying arcs circles method stefansson sound alaska view relying solely convention normal baseline approach delimit state submerged lands impermissibly contracts state recognized territory existed time statehood since adopting convention definitions give content submerged lands act never sustained state claim submerged lands based solely assertion adhered certain general boundary delimitation practice time statehood louisiana boundary case left open possibility louisiana claim ownership certain submerged lands demonstrating firm continuing international policy enclosing waters mainland island fringes inland waters consistentofficial international stance government arguably abandon stance solely gain advantage lawsuit detriment louisiana ibid litigation state ultimately failed demonstrate firm continuing international policy enclosing waters behind island fringes inland waters see louisiana decree accepting master recommendation certain actions establish general policy applying straight baselines near fringing islands report special master louisiana pp alaska nevertheless claims alabama mississippi boundary case identified firm continuing mile rule fringing islands alaska first contends alabama mississippi boundary case precludes government claiming waters stefansson sound inland waters state argues alternative independent evidence supports formulation rule address alaska points turn alabama mississippi boundary case considered claim waters mississippi sound constituted historic inland waters article convention discussing whether shown continuously asserted inland water status mississippi sound identified general policy enclosing inland waters areas mainland lying islands closely grouped entrance exceeded geographical miles alaska argues government estopped questioning application general coastline delimitation practice arctic coast alaska recognizes therule doctrine nonmutual collateral estoppel generally unavailable litigation see mendoza suggests policy considerations underlying rule apply cases arising original jurisdiction acts factfinder incentive fully litigate essential issues occasion consider application nonmutual collateral estoppel original jurisdiction case see reason develop exception mendoza even doctrine applied government original jurisdiction case preclude relitigation issues fact law necessary judgment montana mendoza supra careful reading alabama mississippi boundary case makes clear attach controlling legal significance general delimitation formula master case recited series statements precedents following mississippi admission union supporting view federal government treated waters mississippi sound inland waters statements included multiple references rule closing gulfs bays estuaries mouths less miles wide inland waters report special master alabama mississippi boundary case pp rule closing straits leading inland waters addition master cited letter solicitor general director coast geodetic survey concerning coastline delimitation principles gulf mexico proposing treat aters enclosed mainland offlying islands closely grouped entrance exceeds ten miles inland waters excepting master conclusion watersof mississippi sound qualified historic inland waters argued generalized formulations recited master support claim without evidence specific federal claims inland waters status mississippi sound exceptions alabama mississippi boundary case pp assumed position correct concluded fact identified specific assertions status mississippi sound inland waters see light assumption specific assertions dominion critical historic title claim conclude general delimitation policy identified alabama mississippi boundary case controlling inquiry alabama mississippi boundary case whether demonstrated firm continuing international policy enclosing waters mainland island fringes inland waters sufficiently well defined cover waters mississippi sound rather inquiry whether demonstrated sound met specific requirements historic inland waters claim article convention context claim variation imprecision general boundary delimitation principles might irrelevant state point specific federal assertions mississippi sound consisted inland waters variation imprecision general boundary delimitation principles become relevant state relies solely principles claim certain waters inland waters statehood therefore free argue mile rule sufficiently well defined support alaska claim waters stefanssonsound constitute inland waters alaska argues even principles collateral estoppel apply evidence master established well defined firm continuing mile rule require treating certain areas along alaska arctic coast inland waters master exhaustively catalogued documents statements reflecting views practices boundary delimitation international relations disputes various master found exact nature historic practice matter intricacy concluded mile rule sufficiently well defined require treating waters stefansson sound inland waters report alaska argues master afforded undue significance minor variations way expressed otherwise consistent policy time ignoring principle minor uncertainties even contradictions nation practice legally insignificant exceptions state alaska alaska exceptions brief relevant sources bear alaska claim particular importance analysis position foreign relations march formally proposed certain principles delimiting inland waters league nations conference codification international law see acts conference codification international law territorial waters hereinafter acts conference geographer department state later observed mainland offshore islands assigned individual mile belts territorial sea remain small pockets high seadeeply indenting territorial waters exh boggs delimitation territorial sea pockets constitute useful portion high sea viewpoint navigation proposed countries assimilate small enclaves high seas adjacent territorial sea single straight line four nautical miles length enclose enclave acts conference conference also proposed rule straits strait connected two seas character high seas waters strait considered territorial waters coastal nation long entrances strait less six nautical miles wide strait merely channel communication inland sea rules regarding closing bays apply rules waters shoreward closing lines less nautical miles length treated inland waters assimilation proposal inconsistent alaska assertion since early followed firm continuing mile rule fringing islands policy draw baseline connecting islands miles apart waters line mainland treated inland waters formula however small pockets high sea line mainland pockets assimilated territorial waters waters seaward coastline inland waters waters enclosed coastline alaska argues assimilation proposal one legally insignificant uncertainties contradictions rather change mile rule alaska exceptions brief internal quotation marks omitted alaska took different position special master argued unequivocally embraced assimilation practice official position brief alaska island fringes see alaska exh memorandum response request special master california alaska exh aide mémoire department state government norway pp alaska explain pointed assimilation formula official position mile rule islands effect time proposal straits demonstrate policy connecting near fringing islands straight baselines less miles mainland offshore islands form two coasts strait proposal strait treated territorial waters inland waters linked two areas high seas distance fringing islands may bearing whether islands fact form coast strait whether waters enclose territorial inland waters words proposal character waters strait leads distance islands forming one coast strait determines character strait rather treating mainland line connecting fringing islands two coasts strait alaska appears view passageway two offshore islands leading waters islands mainland strait geographic configuration mind alaska argues proposal apply mile bay closing rule strait serving channel communication inland sea fullyconsistent mile rule alaska exceptions brief even approach rule straits leading inland sea inland waters equivalent simple mile rule proposal character strait depends character waters leads mile bay closing rule apply waters strait mainland inland waters principle simple mile rule alaska advocates fact islands less miles apart determines waters behind islands inland waters sum although alaska correct position league nations conference call strict application arcs circles method neither assimilation proposal proposal straits fully consistent simple rule islands less miles apart enclose inland waters discussion leads conclusion mile rule alaska statehood rule developed even rule developed within decade alaska statehood considered firm continuing one alaska shown rule encompass islands arctic coast period alaska statehood alaska focuses principally position series disputes ownership submerged lands vicinity near fringing islands rather positions taken international relations first state department justice department proposed boundary louisiana inland territorial waters use louisiana boundary case boundary known chapman line followed certain barrier islands along louisiana southeast coast enclosing chandeleur breton sounds calliou bay inland waters according alaska chapman line shows use simple mile rule second justice department asked state department outline approach demarcating inland territorial waters purposes submerged lands litigation california letter acting secretary state stated island surrounded belt territorial waters measured manner case mainland alaska exh letter james webb howard mcgrath attorney general letter also drew upon hague proposals straits noting waters strait connecting high seas never inland waters bay closing rules apply strait serving channel communication inland sea third submission commented waters behind certain islands louisiana mississippi alabama inland waters brief support motion judgment amended complaint louisiana pp agree special master exclusively employ simple mile rule disputes gulf california state department letter california litigation merely echoed proposal hague conference concerning straits leading inland waters discussed supra rule applying mile bay closing principles straits leading inland waters always lead result simple mile rule former approach critical factor strait leads width strait alaska attempt show stefansson sound strait leading inlandwaters chapman line reflect firm continuing policy enclosing waters behind fringing islands inland waters chapman line may consistent policy master noted contemporaneous document explains theory behind chapman line terms simple mile rule report indeed draft memorandum state department geographer justice department opined chandeleur breton sounds treated inland waters screened chain islands less miles apart also extensively traversed foreign vessels islands covered half total arc territorial sea exh criteria go far beyond simple mile rule alaska show apply stefansson sound finally statements briefs filed litigation gulf certain waters behind offshore islands inland waters explicitly rely mile rule moreover decision louisiana made clear take government concession certain islands louisiana shore enclosed inland waters settle location coastline louisiana state documents considered master support conclusion alaska identified firm continuing mile rule clearly require treating waters stefansson sound inland waters time alaska statehood indeed note result alaska seeks tension outcome massachusetts boundary case year deciding alabama mississippi boundary case concluded waters nantucket sound notinland waters following decision alabama mississippi boundary case massachusetts argued mile rule make waters nantucket sound inland waters master case recognized entrance islands enclosing nantucket sound exceeded miles nevertheless concluded massachusetts shown waters nantucket sound inland waters report special master massachusetts boundary case pp rejected commonwealth claim inland waters status nantucket sound framed exception master recommendation ancient title claim massachusetts boundary case supra case resolved reference simple mile rule fringing islands need entertained claim sum conclude alaska entitlement submerged lands along arctic coast must determined applying convention normal baseline principles alabama mississippi boundary case foreclose conclusion sources master showed foreign relations particularly period advocated rule objectionable pockets high seas assimilated coastal nation territorial sea rule inconsistent maintenance rule fringing islands also advocated rule treating waters strait leading inland sea inland waters rule equivalent alaska simple mile rule whether waters stefansson sound considered inland waters proposal straits unclear accordingly overrule alaska first exception alaska next excepts master conclusion small gravel ice formation flaxman island chain known dinkum sands island whether dinkum sands island affects alaska ownership offshore submerged lands feature vicinity discussed state coastline provides starting point measuring mile submerged lands act grant see generally state coastline corresponds baseline convention territorial sea contiguous zone measures territorial sea international purposes supra article convention defines island naturally formed area land surrounded water water high tide line ordinary low water along coast island serve baseline measuring territorial sea see arts convention also permits nation claim belt territorial sea around certain features water high tide long located wholly partly within territorial sea belt mainland island art purposes determining state ownership rights submerged lands act concerned mile belt territorial sea see supra dinkum sands within three miles nearest islands mainland meet requirements article accordingly dinkum sands belt territorial sea alaska owns submerged lands beneath belt dinkum sands satisfies requirements article issue narrowed whether dinkum sands water high tide dinkum sands frequently submerged apart daily shifts inthe tide seasonal shifts sea level feature changes height report phenomenon may least part attributable expert witness termed ice collapse dinkum sands formed layers ice gravel mixed ice summer months approach ice within dinkum sands melts feature slumps elevation tr tr july alaska agree high tide article defined mean high water average measure high water year period cf california per curiam entering decree defining island level mean high water defining mean high water average elevation high tides occurring period years borax los angeles approving definition mean high tide line based average height high waters considerable period time least years disagree frequently feature variable elevation dinkum sands must mean high water qualify island based drafting history article master concluded island must generally normally usually mean high water report applying standard master reviewed historical hydrographic cartographic evidence results joint monitoring project conducted parties concluded dinkum sands frequently mean high water therefore island alaska excepts conclusion three grounds first alaska challenges legal conclusion article requires island mean high water least generally normally usually second alaska disputes master factual finding dinkum sands frequently mean high water finally alaska argues dinkum sands treated island fact mean high water find error master conclusion proceedings master took position island must permanently mean high water brief dinkum sands alaska argued article permits feature slump occasion mean high water still qualify island brief alaska dinkum sands master essentially rejected position favor somewhat lenient standard island must generally normally usually mean high water although alaska objects standard alaska exceptions brief sets forth clear alternative alaska observation island occasionally submerged less island inconsistent master approach alaska implicitly claiming feature need appear episodically mean high water qualify island position without merit article specify frequently feature must mean high water qualify island must look convention drafting history guidance see louisiana boundary case urging master interpretation article inconsistent development provision alaska focuses fact earlier drafts specified island must permanently high water mark report citing françois report régime territorial sea doc infrench translation alaska exh see alaska exceptions brief eventual deletion modifier permanently alaska view suggests article contains implicit modifier generally normally usually alaska reading article drafting history selective fact drafting history supports standard least stringent adopted master provision first introduced league nations conference codification international law held hague preparatory committee offered following basis discussion order island may territorial waters necessary permanently level high tide conference codification international law bases discussion territorial waters subcommittee revised definition retained element permanence island area land surrounded water permanently high water mark acts conference international law commission nations revived work conference special rapporteur reintroduced subcommittee definition report british delegate proposed adding modifier normal circumstances island status questioned temporarily submerged high tide exceptional cas see summary records meeting commission adopted proposal final report defined island area land surrounded water normal circumstances permanently high water mark report international law commission general assembly art ass supp doc internal state department memorandum evaluating commission work suggested words permanently normal circumstances appeared inconsistent omitted current international law purport solve minor problems treat formations submerged unusually high high tide alaska exh memorandum benjamin read islands drying rocks drying shoals presented position nations conference law sea arguing established state practice regarding effect subnormal abnormal seasonal tidal action status islands nations conference law sea official records first committee territorial sea contiguous zone summary records meetings annexes doc conference adopted recommendation excised words permanently normal circumstances definition island master recognized including phrase normal circumstances convention drafters sought accommodate abnormal events cause temporary inundation feature otherwise qualifying island report view international definition island need address abnormal seasonal tidal activity ultimately prevailed change commission draft final language convention signal intent cover features sometimes occasionally high tide fact problem abnormal seasonal tidal activity amendment addressed fully solved practice construing high tide mean mean high water averaging high waters yearperiod accounts periodic variations attributable astronomic forces nonperiodic meteorological variations assumed balance length time see shalowitz shore sea boundaries accordingly even feature submerged highest monthly tides particular season unusual weather feature might still mean high water therefore qualify island alaska seeks insular status feature submerged abnormally high tide feature rises falls mean high water tidal datum already accounted tidal abnormalities drafters article concerned even article drafting history support insular status feature slumps mean high water abnormal change elevation support insular status feature exhibits pattern slumping mean high water seasonal changes elevation alaska nevertheless contends support according island status features ephemera dinkum sands see alaska exceptions brief authorities alaska cites predate convention therefore unhelpful construing article alaska also relies analogy mudlumps mississippi delta features whose status convention never determined see report special master louisiana filed july concluding louisiana submerged lands act grant measured two mudlumps deciding whether mudlumps islands article low tide elevations article louisiana overruling exceptions sum convention drafting history suggeststhat qualify island feature must high water except abnormal circumstances alaska identifies basis according insular status feature frequently mean high water disputing master factual conclusion dinkum sands frequently mean high water report alaska relies three cartographic sources first two nautical charts produced following survey beaufort sea coast geodetic survey party depict dinkum sands island consistent survey note describing new gravel bar baring three feet mean high water alaska exh coast geodetic survey descriptive report accompany hydrographic survey see alaska exh coast geodetic survey addendum descriptive report accompany hydrographic survey second ad hoc interagency group known baseline committee charged delimiting coastline produced baseline charts treating dinkum sands island third map developed joint federal state oil gas lease sale prudhoe bay area assigned ownership mile belt territorial sea around dinkum sands alaska alaska appears acknowledge see alaska exceptions brief baseline chart leasing map based survey rather independent observations coast geodetic survey resumed charting dinkum sands low tide elevation based observations navy vessel made prior year undisputed one members baseline committee persuaded committee treat dinkum sands island based solely personal observation dinkum sands member survey party see alaska exh department state memorandum members baseline committee minutes meeting noting committee used dinkum sands basepoint determining breadth territorial sea early surveys showed dinkum sands high water admiral nygren personally observed high water leasing map relied baseline chart assigning dinkum sands mile belt territorial sea question whether survey party conclusion dinkum sands three feet mean high water taken together visual observations dinkum sands water undermines master factual finding dinkum sands frequently mean high water report alaska emphasizes dinkum sands observed many times water occasionally submerged alaska exceptions brief visual observations dinkum sands dispositive question whether dinkum sands high tide given day feature lies relation mean high water address precisely problem parties jointly commissioned million study calculate mean high water feature vicinity determine feature elevation relation datum first using year tidal readings national ocean survey computed mean high water datum dinkum sands calculated error band account fact level ordinarily based years readings second engineering firm measured dinkum sands highest points march june august comparing feature highest elevation measurements mean high water level master foundthat dinkum sands mean high water time surveyed two highest points survey within error band mean high water level master found fact little weight measurements likely taken piles gravel disturbed march measurements rather dinkum sands true highest points alaska continued measure dinkum sands relation mean high water feature found mean high water visit july september feature fallen elevation possibly foot see report placing mean high water datum may july feature observed water several times although elevation relation mean high water known based two helicopter observations feature estimates sea level relation mean high water master concluded dinkum sands high water matter inches september master found feature consistently mean high water mean high water september end open water season relying largely data master concluded dinkum sands island alaska makes mention joint monitoring project master discussed state methodological objections results length see see reason revisit master conclusion objections unpersuasive alaska explain master relied single august measurement dinkum sands elevation relation mean high water rather exhaustive survey expressly designed determine dinkum sands status article convention contending dinkum sands abovemean high water except handful occasions alaska recognizes dinkum sands slumps elevation open water season late july september alaska exceptions brief alaska suggests natural processes build dinkum sands prior autumn freeze feature remains mean high water nine ten months year see ibid basis record however concluding dinkum sands mean high water winter months winter area completely covered pack ice sole measurement feature elevation winter taken march mean high water report even record demonstrated feature remained mean high water ice collapse caused slump compel ruling alaska favor although article drafting history may suggest feature submerged abnormally high tides lose insular status support broader conclusion feature seasonal loss elevation bringing mean high water qualifies island see supra sum find error master conclusion dinkum sands frequently mean high water therefore meet standard island alaska finally urges compromise resolution dinkum sands deemed island mean high water alaska attempts find support position recognition prior cases concept ambulatory coast line alaska exceptions brief adopting convention aid interpretation submerged lands act recognized convention treats nation coastline modern ambulatory coastline seeunited louisiana texas boundary case louisiana boundary case shifts low water line along shore acknowledged lead shift baseline measuring maritime zone international purposes turn state entitlement submerged lands beneath territorial sea change island may well ambulatory coastline alaska seeks however entitlement submerged lands seaward gradually accreting eroding shore rather alaska ownership submerged lands around dinkum sands appear disappear periodically depending upon whether feature mean high water article convention support reading alaska position makes sensible application provisions convention impossible convention separately categorizes features mean high water water low tide see art addition articles island belt territorial sea measured line low water dinkum sands elevation shifts feature slumps toward mean high water datum mean high water datum possibly low water datum baseline measuring surrounding maritime zone shift disappear quite apart fact alaska proposal lead costly time consuming monitoring efforts agree master alaska identified precedent treating island feature oscillates mean high water alaska third exception concerns ownership submerged lands within national petroleum reserve alaska reserve million acre federal reservation northwestern part state boundary runs along arctic ocean icy cape west mouth colville river east litigation began alaska disputed location reserve boundary focusing particular whether boundary followed sinuosities coast instead cut across certain inlets bays river estuaries alaska initially conceded federal ownership submerged lands within boundary light decision montana consent special master granted alaska relief concession alaska claimed ownership submerged lands beneath certain coastal features within reserve boundaries order special master alaska orig separate proceeding concerning ownership submerged lands beneath inland navigable waters pending federal district alaska nos alaska stayed resolution present case see report parties longer dispute location reserve boundary accordingly consider master recommendation concerning ownership submerged lands beneath certain coastal features within boundary master concluded retained ownership submerged lands question alaska statehood conclusion rested principally three premises first prevent lands beneath navigable waters passing state upon admission union reserving lands federal ownership opposed conveying third party second congress authorized president reserve submerged lands statute known pickett act third executive order creating reserve reflected clear intent reserveall submerged lands within boundaries reserve defeat state title submerged lands question alaska excepts master conclusion several grounds arguing government show sufficiently clear intent reserve submerged lands defeat state title executive order promulgated without proper authority discuss background principles consider arguments turn property clause art iv cl provides congress shall power dispose make needful rules regulations respecting territory property belonging shively bowlby concluded power extended granting submerged lands private parties thereby defeating future state equal footing title carry public purposes appropriate objects hold territory agree special master congress also reserve submerged lands federal control appropriate public purpose thus resolve question left open utah div state lands favor drawn master boundary reserve encompasses lands ordinarily pass alaska equal footing doctrine tidelands submerged lands beneath inland navigable waters lands pass alaska virtue submerged lands act lands beneath mile territorial sea result parties dispute principles governing ownership submerged lands equal footing cases deciding question title bed navigable water must strong presumption defeat state title montana supra see utah div state lands supra infer intent defeat future state title inland submerged lands unless intention definitely declared otherwise made plain holt state bank argues presumption defeat state title apply lands passing solely submerged lands act lands beneath territorial sea paramount authority grant lands construed strictly favor opposition brief quoting california ex rel state lands master agreed government approach concluding demonstrate retained title submerged lands beneath territorial sea less demanding standard equal footing cases require report nevertheless master analyzed withdrawal stricter standards utah div state lands montana reasoning less demanding test lands beneath territorial sea relevant failed satisfy stringent test report neither submerged lands act case law supports approach submerged lands act grants submerged lands beneath mile belt territorial sea statute grant federal property scope grant must construed strictly favor principle permit us ignore statute terms provide state receives title submerged lands beneath territorial sea unless expressly retain emphasis added whether withheld state title submerged lands beneath territorial sea favor require us find express retention submerged lands none exists submerged lands act call question cases holding paramount sovereign authority submerged lands beneath territorial sea see california louisiana texas congress chosen exercise authority presumptively granting lands unless expressly retained submerged lands reinforcing reading act fact act terms reach lands governed equal footing doctrine well lands beneath territorial sea terms statute equal footing lands like beneath territorial sea pass state unless expressly retained passing act congress legislated backdrop early equal footing cases see montana indication formulating expressly retained standard congress intended upset settled doctrine impose federal government less demanding standard one reflected cases see holt state bank supra holding intent defeat state title submerged lands must definitely declared otherwise made plain carried forward montana utah div state lands whether title submerged lands rests state course ultimately matter federal intent construing single federal instrument creating reserve see reason apply phrase expressly retained differently depending upon whether lands question pass state virtue statutory grant virtue equal footing doctrine confirmed statute applying montana utah div state lands must ask whether intended include submerged lands within reserve defeat alaska title lands president harding created national petroleum reserve executive order order described boundary following arctic coast line measured along ocean side sandspits islands forming barrier reefs extending across small lagoons point point barrier reefs three miles shore exec order presidential executive orders microform reel boundary follows ocean side islands reserve necessarily includes tidelands landward islands reserve also contains coastal features including small lagoons order explicitly refers mouths rivers bays master concluded within reserve boundary report alaska argues fact included certain water areas within exterior boundaries reserve necessarily mean clearly intended reserve submerged lands beneath waters alaska exceptions brief support proposition alaska points primarily decisions montana supra utah div state lands montana trustee crow tribe sought declaratory judgment owned riverbed big horn river conveyed beneficial interest submerged lands tribe river located inside boundaries crowreservation established treaty treaty expressly refer riverbed applying strong presumption conveyance defeat state title concluded mere fact bed navigable water lies within boundaries described treaty make riverbed part conveyed land especially express reference riverbed might overcome presumption conveyance even though creation indian reservation appropriate public purpose justifying conveyance submerged lands conveyance submerged lands beneath river necessary government purpose fishing important crow tribe way life utah div state lands found prevented bed utah lake passing utah statehood sundry appropriations act stat authorized geological survey select sites reservoirs hydraulic works necessary storage utilization water irrigation prevention floods overflows survey selected utah lake reservoir site congress repealed act provided reservoir sites heretofore located selected shall remain segregated reserved entry settlement provided act sundry appropriations act stat concluding act reflect clear intent include submerged lands within lands reserved reservoir sites focused part fact act motivated concerns settlers claim lands suitable reservoir sites reclamation efforts concerns monopolization speculation hadnothing beds navigable rivers lakes moreover government ability control develop navigable waters impaired land beneath navigable waters passed state see also arizona california arizona california also considered whether certain references bed utah lake reports geological survey coupled act requirement selected sites remain segregated accomplished reservation lakebed concluded references lakebed survey documents placed proper context indicate bed included within reservation utah div state lands supra finally held even acts reflected clear intent include submerged lands within reservation evidence intended defeat future entitlement land reserved analysis focused fact transfer title lakebed prevent government developing reservoir water reclamation project lake montana utah div state lands establish fact navigable waters within boundaries conveyance reservation mean submerged lands beneath waters conveyed reserved alaska reliance cases misplaced two reasons first executive order merely define boundary encloses body navigable water rather describing boundary following ocean side offshore islands reefs order created reserve necessarily embraced certain submerged lands specifically tidelands shoreward barrier islands second montana utah div state lands establish purpose conveyance reservation critical factor determining federal intent see also alaska pacific fisheries reservation body lands southeastern alaska metlakahtla indians included adjacent waters submerged lands fishing necessary indians subsistence executive order sought retain federal ownership land containing oil deposits order recited large seepages petroleum along arctic coast alaska conditions favorable occurrence valuable petroleum fields arctic coast described goal securing supply oil navy times matter national concern petroleum resources exist subsurface formations necessarily extending beneath submerged lands uplands purpose reserving federal ownership oil gas deposits within reserve boundaries undermined deposits underlying lagoons tidally influenced waters excluded simply plausible sought reserve upland portions area alaska also argues inclusion submergedlands within reserve supported appropriate public purpose specifically alaska claims public exigency international duty support reservation submerged lands shively recognized general congressional policy granting away land beneath navigable waters case international duty public exigency congressional policy constitutional obligation utah div state lands supra constitutional limitation conveyance reservation submerged lands serve appropriate public purpose power dispose submerged lands territories order perform international obligations effect improvement lands promotion convenience commerce foreign nations among several carry public purposes appropriate objects hold territory emphasis added quoting shively supra question master concluded inclusion submerged lands within reserve fulfilled appropriate public purpose namely securing oil supply national defense sum executive order creating reserve reflects clear intent include submerged lands within reserve boundary terms embraces certain coastal features master interpreted embrace others light purpose reserve simply plausible order intended exclude submerged lands thereby forfeit ownership valuable petroleum resources beneath lands importance submerged lands goal securing supply oil distinguishes case montana utah div state lands disputed submerged lands unnecessary achieving federal objectives utah div state lands must ask whether intended reservation include submerged lands also whether intended defeat future state title lands master found congress expressed clear intent defeat state title alaska statehood act pub stat section provides power exclusive legislation provided enclave clause constitution art cl tracts parcels land immediately prior admission said state owned held military purposes including naval petroleum reserve numbered national petroleum reserve master concluded referring reserve owned clearly contemplate continued federal ownership reserve report alaska argues reference exclusive federal legislative authority reserve enclave clause says nothing title submerged lands within reserve alaska suggests need lands within military area exercise jurisdiction congress reason defeat state title submerged lands since always retains plenary authority regulate navigable waters defense purposes alaska exceptions brief alaska thus attempts align case utah div state lands found clear intent defeat state title bed utah lake part need defeated state title preserve ability develop reservoir water reclamation project lake alaska argument fails several reasons first alaska ignores fact reserve created topreserve authority regulate navigable waters defense purposes preserve government ability extract petroleum resources ownership may necessary federal regulation navigable waters necessary prevent reserve petroleum resources drained beneath submerged lands second exercises power exclusive legislation enclave clause necessarily acquires title property see james dravo contracting enclave clause governs cases acquires lands consent legislature state purposes described emphasis added see also collins yosemite park curry third alaska argument statehood act says nothing federal ownership reserve ignores fact face owned reserve discussed supra reserve included submerged lands section thus reflects clear congressional statement owned continue submerged lands included within reserve conclusion congress aware passed alaska statehood act reserve encompassed submerged lands reinforced legislation enacted alaska admission union granting certain offshore lands territory alaska see pub stat congress expressly exempted grant oil gas deposits located submerged lands along arctic coast naval petroleum reserve numbered national petroleum reserve emphasis added moreover contrast utah div state lands defeating state title submerged lands necessary achieve objective securing supply oil gas wouldnecessarily exist beneath uplands submerged lands transfer submerged lands statehood loss ownership rights oil deposits beneath lands thwarted purpose alaska argues even executive order purported include submerged lands within reserve appropriate public purpose even reflects clear intent defeat state title lands within reserve title still passed alaska president lacked authority include submerged lands within reserve alaska exceptions brief argument based part utah div state lands referred authority congress dispose property property clause art iv cl since utah div state lands concerned congressional enactments discloses little circumstances action executive defeat state equal footing claim submerged lands authority inclusion submerged lands within reserve master focused act june ch stat also known pickett act act stated president may time discretion temporarily withdraw settlement location sale entry public lands including district alaska reserve water power sites irrigation classification lands public purposes specified orders withdrawals withdrawals reservations shall remain force revoked act congress stat repealed federal land policy management act pub stat assuming arguendo alaska construction pickett act correct control outcome case conclude congress ratified terms executive order statehood act despite alaska protestations contrary barrier congress retaining petroleum reserve including submerged lands point alaska statehood provided satisfied utah div state lands requirements demonstrating clear intent include submerged lands within reserve scope clear intent defeat alaska title follows congress achieve result explicitly recognizing point alaska statehood executive reservation clearly included submerged lands cf utah div state lands supra examining claim references bed utah lake made geological survey reserving utah lake taken together act providing reservoir sites selected geological survey shall remain segregated reserved entry settlement signaled congress ratification reservation lake bed rejecting claim ground congress notice geological survey reserved bed lake holden joy wall rejecting property clause challenge president treaty cherokee nation although terms treaty exceeded express delegation authority congress president congress repeatedly recognized validity treaty enacting appropriation statutes discussed supra executive order reflected clear intent include submerged lands within reserve instrument placed congress notice president construed reservation authority extend submerged lands exercised authority set aside uplands submerged lands reserve secure source oil navy congress acknowledged ownership jurisdiction reserve statehood act accordingly congress ratified inclusion submerged lands within reserve whether intended president reservation authority pickett act extend lands sum conclude retained ownership submerged lands beneath certain coastal features within national petroleum reserve alaska statehood strict standards utah div state lands executive order reflected clear intent include submerged lands within reserve addition fact theorder refers coastal features necessarily covers tidelands excluding submerged lands beneath coastal features inconsistent purpose reserve secure supply oil necessarily exist beneath submerged lands uplands section alaska statehood act noted owned reserve included statement exclusive legislative jurisdiction enclave clause reflects congress intent ratify inclusion submerged lands within reserve defeat state title lands excepts master conclusion submerged lands within federal reservation northeastern alaska known arctic national wildlife refuge passed alaska upon admission union november department interior bureau sport fisheries wildlife submitted application secretary interior withdrawal million acres land establish arctic wildlife range within portion described lands may finally determined necessary preservation wildlife wilderness resources region northeastern alaska alaska exh application withdrawal public land order application still pending july congress passed alaska statehood act january alaska formally admitted union december secretary interior issued public land order reserved area use fish wildlife service arctic national wildlife range fed reg congress expanded range include additional million acres renamed arctic national wildliferefuge pub stat master parties disputed whether bureau sport fisheries wildlife application withdrawal creation range filed granted alaska admission union prevent title submerged lands within range passing alaska statehood alaska statehood act transferred alaska certain real property used conservation protection wildlife withheld state lands withdrawn otherwise set apart refuges reservations protection wildlife pub stat among things argued lands within range including coastal submerged lands set apart combined effect application department interior regulation force application filed congress passed alaska statehood act regulation provided filing application shall temporarily segregate lands settlement location sale selection entry lease forms disposal public land laws including mining mineral leasing laws extent withdrawal reservation applied effected prevent forms disposal cfr supp accordingly principal theory bureau sport fisheries wildlife application legal effect segregating setting apart lands within projected boundaries range including submerged lands wildlife refuge alaska statehood act withheld lands alaska statehood special master rejected approach focused fact prevents transfer lands set apart refuges reservations protection wildlife emphasis added master concluded taken together application andthe department interior regulation caused land set apart purpose wildlife reservation found land yet set apart refuge reservation upon alaska admission union application yet granted report first emphasis added since application regulation withhold lands within range alaska alaska statehood act master concluded coastal submerged lands within range passed alaska upon admission union real property used conservation wildlife set apart wildlife refuge reservation transferred alaska master approach arguably calls question federal ownership uplands well submerged lands within range see infra alaska argued alternative even application effective prevent submerged lands within range passing alaska statehood boundaries range embrace certain submerged lands mainland barrier islands along alaska northeastern coast master recommendation alaska favor effect application accepted made irrelevant dispute concerning boundaries range master nevertheless addressed alaska alternative argument resolved boundary dispute favor report master also considered effect montana utah div state lands alaska ownership submerged lands within range supplemental briefing submitted decided cases alaska argued application reflected clear intent include submerged lands within range even application embraced submerged lands alaska asserted identified evidence congress intended defeat alaska title lands relying principally statement justification attached application master found clear intent include submerged lands within range statement justification described seacoast provid ing habitat polar bears arctic foxes seals whales alaska exh memorandum director bureau sport fisheries wildlife bureau land management master reasoned drafters application thought habitat upland report addition master noted original boundary range high water mark along arctic coast drafters changed boundary extreme low water mark include tidelands within range ibid master also found application reflected intent defeat alaska title pointing reservation meant permanent effect merely hold whatever submerged lands made part range alaska admission union ibid excepts special master conclusion application department interior regulation read together effect setting apart lands within range refug protection wildlife alaska defends master conclusion concerning legal effect application alaska also defends alternative grounds ultimate conclusion submerged lands within range passed alaska arguing clearly intend include submerged lands within range clearly intend defeat alaska title lands essence alaska challenges master conclusion application met requirements montana utah div state lands conclusion appearing section report except see report becomeclear however although master considered separately whether application effect setting apart lands within range within meaning whether requirements montana utah div state lands met inquiries overlap considerably therefore must address application montana utah div state lands case national petroleum reserve boundaries range drawn master encompass submerged lands beneath tidelands inland navigable waters ordinarily pass alaska equal footing doctrine confirmed submerged lands act submerged lands beneath territorial sea pass alaska virtue submerged lands act grant discussed supra congress chosen submerged lands act exercise paramount authority submerged lands beneath territorial sea granting lands coastal state unless federal government expressly retained lands question state entered union see applying logic montana utah div state lands therefore ask whether clearly included submerged lands within range intended defeat state title lands demonstrated expressly retained coastal submerged lands issue case including tidelands lands beneath territorial sea master examined legal effect application one section report applied analysis montana utah div state lands another inquiries overlap significantly thegovernment argument makes clear government claims bureau sport fisheries wildlife application reflected clear intent include submerged lands within proposed range satisfying first inquiry utah div state lands second inquiry government argues expressly retained lands within range including submerged lands alaska statehood act subsection prevented transfer alaska lands set apart refuge government maintains legal effect application set apart range refuge government argues reflects clear congressional intent defeat state title address terms application proper interpretation turn clear application bureau sport fisheries wildlife withdrawal lands northeastern alaska included submerged lands application contained boundary description beginning line extreme low water arctic ocean canadian border following westerly along said line extreme low water including offshore bars reefs islands brownlow point alaska exh boundary follows line extreme low water range necessarily encompasses periodically submerged tidelands boundary description also expressly refers certain submerged lands including offshore bars reefs moreover statement justification accompanying application illustrates range intended include submerged lands beneath bodies water statement explained countless lakes ponds marshes within proposed range nesting grounds large numbers migratory waterfowl thatspend half year river bottoms willow thickets furnish habitat moose section seacoast provides habitat polar bears arctic foxes seals whales alaska exh master concluded drafters application thought habitats mentioned upland report express reference bars reefs purpose proposed range distinguish case montana utah div state lands cases concluded submerged lands beneath certain bodies water conveyed reserved despite fact bodies water fell within boundaries conveyance reservation neither case involved instrument conveyance reservation properly understood referred submerged lands see montana utah div state lands moreover case focused purpose conveyance reservation critical factor determining federal intent see supra montana reasoned conveyance beneficial interest submerged lands beneath river crow reservation necessary achieve government purpose creating reservation fishing important crow tribe way life similarly utah div state lands concluded federal government prevent settlers claiming lands adjacent waters suitable reservoir sites control development waters even lands beneath waters question passed state contrast statement justification accompanying bureau sport fisheries wildlife application demonstrated waters within boundaries range essential part habitats species range designed toprotect retention lands underlying waters critical government goal preserving aquatic habitats alaska resists conclusion application reflected intent include submerged lands within range two grounds first alaska focuses fact application sought withdraw lands within range forms appropriation public land laws except mineral leasing mining locations reply brief state alaska quoting alaska exh relying language utah div state lands alaska argues submerged lands subject disposal public land laws need exempt appropriation laws alaska opposition brief see rejecting claim act authorized inclusion submerged lands part lands already exempt sale entry occupation alaska misreads application although application seek preclude appropriation lands within proposed range public land laws presumably laws otherwise apply application far broader purpose establish reservation use bureau sport fisheries wildlife see alaska exh purpose withdrawal establish arctic wildlife range within portion described lands may finally determined necessary preservation wildlife wilderness resources region northeastern alaska application designed solely prevent appropriation lands governed public land laws focusing whether public land laws reach submerged lands end inquiry whether application embraced submerged lands second alaska argues international duty orpublic exigency supported inclusion submerged lands within application concluded earlier however need identify appropriate public purpose conveying reserving submerged lands see supra creation wildlife refuge appropriate public purpose served including submerged lands within refuge alaska also appears suggest application alone never reveal appropriate public purpose application granted known whether submerged lands necessary achieve purpose see reply brief state alaska secretary interior granted withdrawal application alaska statehood thereby confirming appropriate public purpose supported reservation submerged lands alaska presumably claim application never covered submerged lands first place follows alaska objects notion application covered submerged lands rather proposition alaska title submerged lands covered application defeated even though application still pending alaska admitted union address whether defeated alaska title lands yet part completed reservation see infra finally important point alaska argue stage proceedings alaska defend master ultimate recommendation alternative ground bureau sport fisheries wildlife lacked authority include submerged lands within application set aside lands wildlife refuge connection exception master recommendation retained submerged lands within national petroleum reserve alaska argued congress properly delegated executive authority underthe property clause art iv cl divest future state title submerged lands alaska makes parallel argument tr oral arg event government claim executive actions alone establish case retained submerged lands within range rather government relies squarely congressional intent underlying alaska statehood act prior discussion ratification executive action applies equally see supra constitutional impediment congress designating wildlife refuge encompassing submerged lands retaining title upon alaska admission union provided congress actions sufficiently clear meet requirements submerged lands cases follows congress accomplish result recognizing prior executive actions discuss whether congress see infra sum conclude application bureau sport fisheries wildlife withdraw lands wildlife refuge reflected clear intent reserve submerged lands well uplands range boundary drawn periodically submerged tidelands necessarily included within boundary description referred face submerged features bars reefs moreover purpose federal reservation protecting habitats various species found along coast navigable water bodies within range supported inclusion submerged lands within range consider whether prior alaska admission union defeated future state title submerged lands included within theproposed range alaska statehood act set forth general rule retain title property held prior alaska admission union state alaska acquire title property held territory alaska subdivisions pub stat several exceptions provision primary relevance transferred alaska real personal property situated territory alaska specifically used sole purpose conservation protection fisheries wildlife alaska provided hat transfer shall include lands withdrawn otherwise set apart refuges reservations protection wildlife view alaska statehood act retained arctic national wildlife range lands withdrawn otherwise set apart refuges reservations protection wildlife rather transferring lands alaska discussed application reflected intent include submerged lands within range shortly application filed secretary interior publicly announced action see exh department interior press release exh statement secretary seaton formal notice application published federal register january fed reg moreover later congress considering alaska admission union secretary interior informed congress application range pending submitted maps showing area federal enclave embracing submerged lands see exh department interior bureau land management alaska federal land withdrawalsand reservations july section virtue submission congress notice passed alaska statehood act secretary interior construed authority withdraw reserve lands delegated president see exec order cfr comp reach submerged lands application fact legal effect withdraw ing otherwise set ting apart lands within proposed range refuges reservations protection wildlife within meaning retained title submerged lands well uplands within range despite statehood act applied submerged lands act alaska submerged lands act operated confirm alaska title equal footing lands transfer title submerged lands beneath territorial sea alaska statehood unless clearly withheld submerged lands within either category prior statehood statehood act congress clearly contemplated continued federal ownership certain submerged lands inland submerged lands submerged lands beneath territorial sea long submerged lands among withdrawn otherwise set apart refuges reservations protection wildlife montana utah div state lands anintent defeat state title submerged lands must clear discussion illustrates operative provision alaska statehood act reflects clear intent defeat state title remaining question whether application head bureau sport fisheries wildlife upon secretary interior yet acted effect withdraw ing otherwise set ting apart lands within proposed range refuges reservations protection wildlife within meaning department interior regulation first promulgated effect time congress passed statehood act application withdrawal temporarily segregated lands covered application regulation provided noting receipt application shall temporarily segregate lands settlement location sale selection entry lease forms disposal public land laws extent withdrawal reservation applied effected prevent forms disposal extent action prior applications allowance discretionary subsequent applications respecting lands suspended final action application withdrawal reservation taken cfr supp special master adopted viewthat application regulation together set apart lands within range report agree conclusion follows straightforward application alaska argues regulation intended operate submerged lands object regulation quite clear prevent pendency application use land frustrate federal control application ultimately granted goal implicated wherever threat future federal control exists whether lands question uplands submerged lands state focuses fact regulation segregates lands sale entry forms disposal argues submerged lands ordinarily subject forms disposal cf utah div state lands language utah div state lands alaska relies reflects recognition general land laws opening lands settlement private parties ordinarily lay claims submerged lands alaska however specific laws opened certain submerged lands mining well prior filing application range see act june stat providing land shoal water low mean high tide shores bays inlets bering sea shall subject exploration mining gold precious metals act may ch stat extending provisions beyond bering sea shores bays inlets alaska act stat extending provisions lands beneath nontidal navigable waters light provisions alaska premise need withdraw set apart submerged lands preserve ultimate federal control flawed although master concluded application regulation together set apart lands within therange master accepted alaska argument lands set apart refug protection wildlife within meaning alaska statehood act emphasis added master found application effect reservation lands dedicating specific public purpose report master reasoned proviso retain ownership wildlife refuges reservations already established statehood ibid emphasis added application yet granted proviso prevent transfer lands within range alaska disagree master interpretation applies completed reservations land congress limit completed reservations rather congress provided transfer alaska lands withdrawn otherwise set apart refuges protection wildlife emphasis added master reading render broader terminology superfluous avoid interpretation statute renders words altogether redundant gustafson alloyd light congress clear intent error master conclude lands within range otherwise set apart refug unless point completed reservation phrase set apart refug word carry requirement refuge presently established phrase aptly describes administrative segregation lands designated become wildlife refuge accordingly application regulation taken together placed range squarely within proviso preventing transfer lands covered application alaska partial dissent contrary conclusion rests view lands covered application nocertainty ever becoming refuge reservation post thomas concurring part dissenting part dissent identifies nothing requiring certainty projected final action fact occur converting lands designated particular use lands used order proviso prevent transfer lands alaska moreover reading proviso reinforced alaska concession uplands within range held alaska tr oral arg letter attorney general bruce botelho clerk mar master correct application regulation operate set apart submerged lands proposed range within meaning follows instruments set apart uplands within range nevertheless alaska disclaims ownership uplands state argues claimed uplands within refuge alaska statehood act authorized alaska select specified amount vacant unappropriated unreserved federal land since alaska select uplands secretary interior approved application range since uplands longer vacant unappropriated unreserved state argue owns uplands ibid state argument ignores main clause clause transferred alaska real personal property situated territory alaska specifically used sole purpose conservation protection fisheries wildlife alaska state explain lands within range uplands well submerged lands transferred alaska statehood real property used protection wildlife unlesscovered proviso unless lands submerged lands uplands covered application set apart within meaning proviso passed alaska main clause basis concluding retained uplands submerged lands within range sum conclude transfer alaska submerged lands within arctic national wildlife range statehood application create wildlife refuge clearly encompassed submerged lands since seaward boundary low water line along alaska coast range necessarily encompasses tidelands reflecting intent withhold submerged lands statement justification accompanying application describes habitat various species along coast beneath inland waters department interior regulation effect application filed congress passed alaska statehood act operated segregate lands application pending section alaska statehood act expressly prevented lands set apart refug passing alaska follows lands covered application set apart future use refuge retained title submerged lands within range therefore sustain exception master recommendation overrule alaska exceptions special master recommended rulings alaska submerged lands vicinity barrier islands measured mile belt coastline following normal baseline convention territorialsea contiguous zone dinkum sands island constituting part alaska coastline submerged lands act submerged lands beneath tidally influenced waters within boundary national petroleum reserve alaska pass alaska statehood sustain exception special master recommended ruling offshore submerged lands within boundaries arctic national wildlife refuge passed alaska statehood recommendations special master adopted extent consistent opinion parties directed prepare submit appropriate decree consideration retains jurisdiction entertain proceedings enter orders issue writs time time may determined necessary advisable effectuate supplement forthcoming decree rights respective parties parties shall bear costs ordered orig america plaintiff state alaska bill complaint june justice thomas chief justice justice scalia join concurring part dissenting part agree limit inland waters area stefansson sound determined reference convention territorial sea contiguous zone alaska proposed mile rule finds purchase also agree dinkum sands island within meaning convention accordingly join parts ii iii opinion share view holds title submerged lands within national petroleum reserve number agree conclusion time alaska statehood unapproved application create arctic wildlife range expressly retained submerged lands within boundaries described application submerged lands act thus respectfully dissent parts iv opinion turn first discussion national petroleum reserve master report posited two possible measures specificity congress must declare intent retain submerged lands otherwise pass new state landsunder inland waters lands historically viewed held ultimate benefit future utah div state lands internal quotation marks omitted special master employed strict presumption state ownership master determined lands territorial sea lands vested solely submerged lands act presumed remain federal hands principle federal grants construed strictly favor california ex rel state lands view however since enactment submerged lands act test determining whether submerged lands inland territorial conveyed newly created state retained set forth act following wake decision california submerged lands act widely recognized deeded coastal submerged lands lying within mile bands surrounding coasts see see also maine act declared public interest title ownership lands beneath navigable waters within boundaries respective natural resources within lands waters right power manage administer lease develop use said lands natural resources accordance applicable state law subject provisions hereof recognized confirmed established vested assigned respective section conveyed confirmed title submerged lands subject series exceptions relevant act excepted terms lands expressly retained ceded state entered union otherwise general retention cession lands underlying marginal sea emphasis added lands beneath marginal territorial sea undisputed expressly retained exception sets forth test determining whether withdrawal reservation land effective preventing conveyance title submerged lands seems clear also test determining whether retained title inland submerged lands section lands include beneath inland territorial waters case state like alaska received title submerged lands virtue submerged lands act need consult conflicting presumptions two part tests anything stated policy whichcongress finally settled seems agree act expression congress policy submerged lands retention also seems view phrase expressly retained act shorthand test employed utah div state lands case decided three decades passage act determine whether submerged lands expressly retained must determine whether congress clearly intended include land navigable waters within federal reservation whether congress affirmatively intended defeat future state title land emphases added find reading expressly retained language curious first discuss language lend construction second case test set forth utah div state lands simply restatement test employed enactment submerged lands act majority assertion standard act described cases simply carried forward ante utah div state lands might colorable happens utah div state lands addressed first time argument retention opposed conveyance submerged lands defeat future state title lands response thecourt crafted two part test relied majority today whatever said test drafters submerged lands act accordingly reason believe congress employed phrase expressly retained intended meaning obvious words set forth opinion three decades act became effective submerged lands act think embraces least part policy attributed congress several cases example stated affirm conveyance inland submerged lands set clear especial words martin lessee waddell pet unless claim terms embraces land waters stream packer bird believe meaning passages expressly retained captures lands described act submerged lands requirement retention expres means retention must terms embrac land waters accordingly contrary master conclusion much majority analysis retention lands inferred example purpose given attempted federal undertaking sure prior passage submerged lands act looked beyond words used efforts prevent passage submerged lands newly created example holt state bank noted disposals territorial period lightly inferred regarded intended unless intention definitely declared otherwise made plain emphases added enactment submerged lands act appears retention submergedlands lightly inferred inferred respect congress required higher standard either master majority attribute neither master exhaustive report majority slightly less exhaustive opinion cites anything meeting believe requirement express retention submerged lands within boundaries national petroleum reserve majority focuses instead purpose conveyance reservation critical factor determining federal intent ante emphasis original concludes purposes establishing reserve primarily ensure federal possession petroleum resources within reserve boundaries undermined retain submerged lands simply plausible says majority sought reserve upland portions area ibid considerations wholly beside point congress incorporated submerged lands act alaska statehood act pub stat demanded express retention submerged lands prevent passage alaska congress purpose attributed majority best way indeed legalway realize purpose state expressly submerged lands inside national petroleum reserve retained may well majority concludes congress retain lands ratification reference earlier instrument describing lands majority points president harding executive order congressional ratification instrument president harding order terms embrac land waters anymore statute fails constitute express retention required submerged lands act absent express retention submerged lands submerged lands act effected transfer submerged lands within territory alaska state alaska including within boundaries national petroleum reserve number dissent contrary conclusion majority rejects master recommendation alaska found hold title submerged lands within arctic national wildlife refuge although acknowledge question close agree themaster overrule exception contends submerged lands within refuge expressly retained alaska became state section alaska statehood act keeps title property real personal title including public lands various subsections statehood act exclude general retention variety lands section provides federal agencies transfe conve alaska real personal property situated territory alaska specifically used sole purpose conservation protection fisheries wildlife alaska three statutes ibid proviso however transfer shall include lands withdrawn otherwise set apart refuges reservations protection wildlife contends refuge alaska statehood set apart refug accomplished argued means application filed secretary interior november bureau sport fisheries wildlife establish arctic wildlife range within certain lands alaska northeastern corner see report special master report citing alaska exhibit government argue refuge withdrawn application within meaning see brief report rather application falls within told application legal mechanism interior department time set apart public lands creation wildlife refuge brief department interior regulations effect time effect application temporarily segregate lands settlement location sale selection entry lease forms disposal public land laws extent withdrawal reservation applied effected prevent forms disposal cfr fed reg regulation provided uch temporary segregation shall affect administrative jurisdiction segregated lands ibid master acknowledged regulation effect determined may set apart submerged lands within range lands set apart refuge reservation report emphasis original majority disagrees asserting phrase set apart refug word carry requirement refuge presently established ante phrase concludes majority aptly describes administrative segregation lands designated become wildlife refuge ibid disagree language bureau sport fisheries wildlife application made clear time application time statehood one say certainty lands included within boundaries set forth application time designated become wildlife refuge see report purpose withdrawal establish arctic wildlife range within portion described lands may finally determined necessary preservation wildlife wilderness resources region northeastern alaska quoting alaska exhibit emphasis added unknown whether lands ultimately become refuge reservation also pendency application administrative jurisdiction lands remained bureau land management see cfr fish wildlife service begin administer refuge application finally adopted alaska statehood see report time alaska statehood act lands within application certainty ever becoming refuge reservation administered one say application regulation effect lands described application lands within application operation regulation free certain forms disposal pendency application cfr willing agree masterand majority regulation lands set apart set apart temporarily merely preserve status quo pending secretary decision application order decision secretary lands become refuge reservation nullity contrary suggestion regulation legal mechanism interior department time set apart public lands creation wildlife refuge brief regulation applied applications withdrawals reservations land merely create wildlife refuges see cfr listing may apply withdrawals reservation without limitation agencies seeking create wildlife refuges view master overstated effect application regulation said caused land set apart purpose wildlife reservation report emphasis added effect set apart ensure decision create wildlife refuge decision ultimately made undermined prior land actions adverse decision procedures intervened bureau application secretary decision merely ministerial government wise argue see cfr describing procedures set apart accurately described purpose wildlife reservation thus goes without saying agree majority even ambitious conclusion lands set apart refug agree majority contention master reading render otherwise set apart portion redundant completed reservation land prevent land passing alaska ante believe proviso set forth broad language attempt capture ways refuge reservation protection wildlife created unlike congress attempt submerged lands act capture every way title submerged lands conferred see supra accordingly congress use phrase lands withdrawn otherwise set apart fairly encompasses every way lands segregated refuges reservations requiring completed refuge reservation whatever means created render portion proviso redundant reasons conclude master correctly determined bureau application sufficient purposes proviso overrule exception recommendation overrule alaska exceptions master recommendation method determining limits alaska offshore submerged lands recommendation concerning dinkum sands insular status concur majority two points also overrule exception master recommendation concerning arctic wildlife refuge finally sustain alaska objection master recommendation ownership submerged lands within national petroleum reserve last two points respectfully dissent footnotes light fact order necessarily encompasses tidelands partial dissent conclusion owns submerged lands within reserve puzzling dissent suggests retains submerged lands relevant instrument terms embraces land waters post thomas concurring part dissenting part quoting packer bird terms executive order certainly embraces tidelands landward barrier islands accordingly even dissent correct federal intent retain submerged lands never inferred inference required conclusion least retained tidelands within reserve alaska claims map submitted congress depict range withdrawal public land order fed reg revoked fed reg five million acres land included range covered plo secretary interior announced modification terms plo filing application range time see exh exh importance map precisely depicts range current boundaries shows area encompassing range proposed federal enclave embracing submerged lands think open question whether submerged lands act operation land beneath inland waters entered union prior enactment thus initially obtaining title submerged lands independently act determining whether act applies involves least complex retroactivity questions presented case given alaska became state enactment submerged lands act alaska statehood act expressly incorporates section standard time somewhat generous utah div state lands asserted reservation opposed conveyance land held defeat state title submerged lands even lands manifestly included reservation lacking indication congress affirmatively intended defeat future state title lands see thought required congressional policy however perceive requirement language majority points prestatehood enactment pub stat granting certain offshore lands territory alaska excepting grant oil gas deposits located submerged lands along arctic coast reserve see ante emphasis original statute said reinforc conclusion congress aware passed alaska statehood act reserve encompassed submerged lands ibid statute proves little congress circa alaska statehood capable expressly referring submerged lands majority claim operate express retention conclusion arises review exception master recommendation question turn must admit bafflement majority undertakes review master recommendation question see ante answer question special master using reasoning parallel discussion national petroleum reserve concluded application withdrawal land within refuge included submerged lands alaska failed file exception recommendation occasion take several questions master offered recommendations neither party objected us express view master conclusion question term lands employed presumably read pari materia term section makes express mention submerged lands one inquire whether submerged lands act never mind proviso exception outstrip expressly retained submerged lands alaska forgoing right toexcept master recommendation question think given opportunity make argument take longer contends application force expressly retained submerged lands see brief alaska acquiesced ownership uplands within boundaries refuge says nothing whatever congress intent enacting alaska statehood act accordingly understand majority citation thispoint ante indeed alaska poststatehood actions relevant must surely equally relevant alaska strenuously disputes ownership submerged lands within refuge