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- NOTE: Where it is feasible, a syllabus (headnote) will be released, as is
- being done in connection with this case, at the time the opinion is issued.
- The syllabus constitutes no part of the opinion of the Court but has been
- prepared by the Reporter of Decisions for the convenience of the reader.
- See United States v. Detroit Lumber Co., 200 U. S. 321, 337.
-
- SUPREME COURT OF THE UNITED STATES
-
- Syllabus
-
- UNITED STATES v. ALASKA
- on bill of complaint
- No. 118, Orig. Argued February 24, 1992-Decided April 21, 1992
-
- Pursuant to, inter alia, 10 of the Rivers and Harbors Appropriation
- Act of 1899 (RHA), the Secretary of the Army, through the Army
- Corps of Engineers, granted Nome, Alaska, a federal permit to build
- port facilities extending into Norton Sound. The permit's issuance
- was conditioned on the submission by Alaska of a disclaimer of rights
- to additional submerged lands that it could claim within its boundary
- if the facilities' construction moved the coastline seaward. However,
- the disclaimer also provided that Alaska reserved its right to the
- accreted submerged lands pending a decision by a court of competent
- jurisdiction that federal officials lacked the authority to compel a
- disclaimer of sovereignty as a condition of permit issuance. After the
- facilities were constructed, the United States Department of the
- Interior proposed a lease sale for minerals in Norton Sound. Alleging
- that the proposal involved lands subject to its disclaimer, Alaska
- announced its intention to file suit challenging the Corps' authority
- to require the disclaimer. The United States was granted leave of
- this Court to commence this action, and both parties have filed
- motions for summary judgment.
- Held:The Secretary of the Army acted within his discretion in condi-
- tioning approval of the Nome port facilities on a disclaimer by Alaska
- of a change in the federal-state boundary that the project might
- cause. Pp.5-23.
- (a)This Court's review of the Corps' construction of a statute that
- it administers involves an examination of 10's language, this Court's
- decisions interpreting 10, and the Corps' longstanding construction
- in fulfilling Congress' mandate. On its face, 10-which prohibits
- the building of any structure in navigable waters of the United
- States ``except on plans recommended by the Chief of Engineers and
- authorized by the Secretary of the Army''-appears to give the
- Secretary unlimited discretion to grant or deny a permit for construc-
- tion of a structure such as the one at issue. While both the RHA's
- legislative history and 10's statutory antecedents offer little insight
- into Congress' intent, the idea of delegating authority to the Secre-
- tary was well established in the immediate precursors to the RHA.
- This Court's decisions also support the view that 10 should be
- construed broadly, see, e. g., United States ex rel. Greathouse v. Dern,
- 289 U.S. 352, to authorize consideration of factors other than
- navigation during the permit review process, cf. United States v.
- Pennsylvania Industrial Chemical Corp., 411 U.S. 655. In addition,
- since the late 1960's, the regulations adopted by the Corps have
- interpreted its statutory authority as empowering it to take into
- account several ``public interest'' factors-including a full range of
- economic, social, and environmental factors-in addition to navigation
- in deciding whether to issue a 10 permit. See, e. g., 33 CFR
- 320.4(a)(1). Pp.5-12.
- (b)There is no merit to Alaska's argument that any statutory
- mandate authorizing the Secretary to consider factors in addition to
- navigation is exceeded by 33 CFR 320.4(f), which authorizes consid-
- eration of a project's consequences on the federal-state boundary.
- Contrary to Alaska's position, the Corps' practice does not conflict
- with the Submerged Lands Act of 1953 (SLA), which provides that
- a coastal State's boundary extends three miles from its coastline.
- Although coastlines are subject to change from natural or artificial
- alterations, see, e. g., United States v. California, 381 U.S. 139,
- 176-177 (California II), the Secretary is making no effort to alter a
- State's existing rights to sovereignty over submerged lands within
- three miles of the coastline. Rather the Corps is, in a reasonable
- exercise of its authority, determining whether an artificial addition
- to the coastline will increase the State's control over submerged lands
- to the detriment of the United States' legitimate interests. Neither
- the SLA nor its legislative history addresses the effect of artificial
- additions to the coastline, and this Court sanctioned, in California II,
- supra, at 177, the mechanism exercised by the Secretary in this case.
- Nor do this Court's decisions prohibit the Secretary from considering
- in the permit review process changes in federal-state boundaries that
- will result in the establishment of one boundary for international
- purposes-since artificial additions always affect such bound-
- aries-and a different one for domestic purposes. Specifically, the
- Secretary's action does not conflict with California II, because that
- case did not specify a goal of achieving a single domestic and interna-
- tional coastline. Pp.12-20.
- (c)There is also no merit to Alaska's argument that, even if the
- regulations are valid, they do not authorize the Corps to force a
- coastal State to abdicate rights to submerged lands as a condition to
- a permit's issuance. It is untenable to say that the United States'
- legitimate property interests fall outside the relevant criteria for a
- decision that requires the Secretary to determine whether a permit's
- issuance would affect the ``public interest.'' And it would make little
- sense, and be inconsistent with Congress' intent, to hold that the
- Corps legitimately may prohibit construction of a port facility, and
- yet to deny it the authority to seek the less drastic alternative of
- conditioning the permit's issuance on the State's disclaimer of rights
- to accreted submerged lands. The Corps' failure to identify in the
- regulations the option of conditioning disclaimers does not render the
- policy contrary to law. See United States v. Gaubert, 499 U.S. ___,
- ___. The Corps cannot be said to have acted in an arbitrary and
- capricious manner, since it notified state officials promptly of the
- objection to the project, specified a curative option, and afforded
- Alaska ample time to consider the disclaimer, consult with federal
- officials, and then draft the disclaimer. Nor can Alaska contend that
- it lacked notice, since the disclaimer is similar to those Alaska has
- filed in past 10 proceedings. Pp.20-22.
- United States' motion for summary judgment granted; Alaska's motion
- for summary judgment denied.
-
- White, J., delivered the opinion for a unanimous Court.
-