Navigable Waters and Submerged Lands Ownership Bill Moves Forward

Representatives Dan Saddler and Kevin McCabe sponsored a bill that would give the State of Alaska ownership of all submerged lands underlying navigable water within and adjacent to federal areas. McCabe explains what the bill will accomplish.

“So the State of Alaska needs to get some of that primacy back from the federal government where we can define our own navigable waters and this bill is a small step towards that.”

Saddler’s sponsor statement speaks to the 105 million acres of federal land that were transferred to the state in 1959. The Statehood Act made the state owner of the navigable waters and submerged lands beneath them. Navigable waters are lakes, streams, and rivers that supported or could have supported in-state travel at the time of statehood. Many other states already own submerged lands beneath navigable waters and undeclared waters.

McCabe notes that this bill will benefit Alaskans because it makes it clear that the rights to use the waterways would be applicable throughout the state. 

“The vastness of the state and the fact that we use our rivers many times for commerce. Whether it be barges, I think of the guys running up and down the Skwenta with the barge in the summertime. Or the Yentna, sometimes on snowmachines. All that sort of thing. It will take away the federal government’s ability to create an issue where there really isn’t an issue as far as the state is concerned.” 

The federal government has required that Alaska prove navigability of waterways on a case-by-case basis. Also at play is the Sturgeon vs. Frost case, in which Alaskan hunter John Sturgeon twice argued successfully at the Supreme Court that Alaskans have the right to use navigable waters inside federal areas. Those court cases also specified that federal regulations do not supersede state ownership or regulations.

The bill still needs to be presented to several committees before going to the floor for a vote, but is expected to proceed in the next few weeks.