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National Park Service Limits Its Authority in Alaska National Parks

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Published Date

November 5, 2020

A Supreme Court case arising from Yukon-Charley Rivers National Preserve has led to the National Park Service reducing its authority in Alaska/NPS file

A Supreme Court case arising from Yukon-Charley Rivers National Preserve (above) has led to the National Park Service reducing its authority in Alaska/NPS file

The National Park Service on Thursday released final regulations in response to a March 2019 U.S. Supreme Court decision regarding the authority the agency could wield in national parks and preserves in Alaska. The move reduced the authority the Park Service had when it comes to state, Native corporation, or private lands that fall within a park or preserve's boundaries.

The Supreme Court case, Sturgeon v. Frost, held that NPS regulatory authority was limited by the Alaska National Interest Lands Conservation Act to federally owned lands, and not to State, Native corporation, or private lands, irrespective of park unit boundaries.

The revised regulations clarify that ANILCA did not give the NPS jurisdiction to regulate lands and waters within the boundaries of Alaska National Park System units that are not federally owned, including navigable waters and other inholdings. The final rule recognizes that under ANILCA only federally owned lands and waters can be regulated as a part of a park unit.

“This is an important rule bringing the National Park Service regulations into compliance with ANILCA’s protections for State and private lands as directed by the U.S. Supreme Court,” said Rob Wallace, Interior's assistant secretary for Fish, Wildlife and Parks. 

The unanimous U.S. Supreme Court decision involved an attempt by the NPS to prohibit the operation of a private hovercraft on the state-owned Nation River where it flows through Yukon-Charley Rivers National Preserve. The final rule can be found at this page.

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