Cite as: 546 U. S. ____ (2006) 1 

Decree 

SUPREME COURT OF THE UNITED STATES 

STATE OF ALASKA v. UNITED STATES OF AMERICA 

ON BILL OF COMPLAINT 

No. 128, Orig. Decree entered January 23, 2006 

The Report of the Special Master is received and ordered filed. The joint motion for entry of decree is 

granted, and the proposed decree is entered. Gregory E. 

Maggs, Esq., of Washington, D. C., the Special Master in 

this case, is hereby discharged with the thanks of the 

Court. THE CHIEF JUSTICE took no part in the consideration or decision of this case. 

DECREE 

On June 12, 2000, the Court granted the State of Alaska

leave to file a bill of complaint to quiet title relating to 

certain marine submerged lands in Southeast Alaska. 530 

U. S. 1228. The Court appointed a Special Master to 

direct subsequent proceedings and to submit such reports 

as he deemed appropriate. 531 U. S. 941 (2000). On 

January 8, 2001, the Court granted the State of Alaska 

leave to file an amended complaint. 531 U. S. 1066. On 

March 5, 2001, the Court referred the State of Alaska’s 

amended complaint and the United States’ answer to the 

Master. 532 U. S. 902. From 2001 to 2004, the Special 

Master oversaw extensive briefing of motions for summary 

judgment relating to the various counts of the amended 

complaint. On April 26, 2004, the Court received and 

ordered filed the Report of the Special Master on Six 

Motions for Partial Summary Judgment and One Motion 

for Confirmation of a Disclaimer of Title (March 2004). 

541 U. S. 1008. On June 6, 2005, this Court overruled the 

State of Alaska’s exceptions and directed the parties to 

prepare and submit an appropriate decree to the Master 

for the Court’s consideration. 545 U. S. ___, ___. The 
2 ALASKA v. UNITED STATES 

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parties have prepared a proposed decree, and the Master 

recommends its approval. 

 Accordingly, 

IT IS ORDERED, ADJUDGED, AND DECREED 

1. On counts I and II of the amended complaint of the 

State of Alaska, judgment is granted to the United States, 

and the State of Alaska shall take nothing. As between 

the State of Alaska and the United States, the United 

States has title to the marine submerged lands underlying 

the pockets and enclaves of water at issue in counts I and 

II of the State of Alaska’s amended complaint, which are 

those marine submerged lands that are more than three 

geographical miles from every point on the coastline of the 

mainland or of any individual island of the Alexander

Archipelago. See Alaska v. United States, 545 U. S. ___, 

___ (2005). For purposes of determining the United 

States’ title: 

(a) the term “marine submerged lands” means all 

lands permanently or periodically covered by tidal waters up to but not above the line of mean high tide 

(Submerged Lands Act, ch. 65, Tit. I, §2(a)(2), 67 Stat.

29 (43 U. S. C. §1301(a)(2));

(b) the term “coast line” means “the line of ordinary

low water along that portion of the coast which is in

direct contact with the open sea and the line marking 

the seaward limit of inland waters,” as defined in §2(c) 

of the Submerged Lands Act, ch. 65, Tit. I, 67 Stat. 29 

(43 U. S. C. §1301(c)); and 

(c) the line marking the seaward limit of inland waters shall be determined in accordance with the 

Court’s rulings that: (i) the waters of the Alexander

Archipelago do not constitute historic inland waters; 

and (ii) “North Bay,” “South Bay,” Sitka Sound, and 

Cordova Bay, as designated in this action, do not constitute juridical bays. See Alaska v. United States, 

545 U. S., at ___–___. 
Cite as: 546 U. S. ____ (2006) 3 

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2. On count IV of the amended complaint of the State of 

Alaska, judgment is granted to the United States, and the 

State of Alaska shall take nothing. As between the State 

of Alaska and the United States, the United States has 

title to the marine submerged lands within the exterior

boundaries of Glacier Bay National Monument as those 

boundaries existed on the date of the State of Alaska’s 

admission to the Union. See Alaska v. United States, 545 

U. S., at ___. For purposes of determining the United

States’ title, the term “marine submerged lands” means all

lands permanently or periodically covered by tidal waters 

up to but not above the line of mean high tide (Submerged 

Lands Act, ch. 65, Tit. I, §2(a)(2), 67 Stat. 29 (43 U. S. C. 

§1301(a)(2)).

3. The motion of the State of Alaska for summary judgment on count III is dismissed as moot, and count III is 

dismissed for lack of jurisdiction. In accordance with 28 

U. S. C. §2409a(e), the following disclaimer of the United 

States is confirmed: 

DISCLAIMER 

(1) Pursuant to the Quiet Title Act, 28 U. S. C. 

§2409a(e), and subject to the exceptions set out in 

paragraph (2), the United States disclaims any real 

property interest in the marine submerged lands 

within the exterior boundaries of the Tongass National Forest, as those boundaries existed on the date 

of Alaska Statehood. 

(2) The disclaimer set out in paragraph (1) does not 

disclaim: 

(a) any submerged lands that are subject to the exceptions set out in §5 of the Submerged Lands Act, ch. 

65, Tit. II, 67 Stat. 32 (43 U. S. C. §1313); 

(b) any submerged lands that are more than three 

geographic miles seaward of the coastline; 

(c) any submerged lands that were under the juris-
4 ALASKA v. UNITED STATES 

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diction of an agency other than the United States Department of Agriculture on the date of the filing of the 

complaint in this action;

(d) any submerged lands that were held for military, naval, Air Force, or Coast Guard purposes on the 

date that Alaska entered the Union. 

(3) For purposes of this disclaimer: 

(a) The term “coast line” means “the line of ordinary low water along that portion of the coast which is 

in direct contact with the open sea and the line marking the seaward limit of inland waters,” as defined in

§2(c) of the Submerged Lands Act, ch. 65, Tit. I, 67 

Stat. 29 (43 U. S. C. §1301(c)). 

(b) The term “submerged lands” means “lands beneath navigable waters” as defined in §2(a) of the 

Submerged Lands Act, ch. 65, Tit. I, 67 Stat. 29 (43

U. S. C. §1301(a)).

(c) The term “marine submerged lands” means “all 

lands permanently or periodically covered by tidal waters up to but not above the line of mean high tide.” 

See Submerged Lands Act, ch. 65, Tit. I, §2(a)(2), 67 

Stat. 29 (43 U. S. C. §1301(a)(2)). 

(d) The term “jurisdiction” has the meaning of that

word in the Quiet Title Act, 28 U. S. C. §2409a(m). 

(e) The exception set out in §5(a) of the Submerged 

Lands Act, ch. 65, Tit. II, 67 Stat. 32 (43 U. S. C. 

§1313(a)), for lands “expressly retained by or ceded to

the United States when the State entered the Union” 

does not include lands under the jurisdiction of the 

Department of Agriculture unless, on the date Alaska 

entered the Union, that land was: 

(i) withdrawn pursuant to act of Congress, Presidential Proclamation, Executive Order, or public land order of the Secretary of Interior, other than the Presidential Proclamation of August 20, 1902 (32 Stat. 

2025), which established the Alexander Archipelago 
Cite as: 546 U. S. ____ (2006) 5 

Decree 

Forest Reserve; the Presidential Proclamation of September 10, 1907 (35 Stat. 2152), which created the 

Tongass National Forest; or the Presidential Proclamations of February 16, 1909 (35 Stat. 2226), and 

June 10, 1925 (44 Stat. 2578), which expanded the 

Tongass National Forest; or 

(ii) subject to one or more of the following pending 

applications for withdrawal pursuant to 43 CFR Part 

295 (1954 and Supp. 1958), designated by Bureau of 

Land Management serial numbers: AKA 022828; AKA 

026916; AKA 029820; AKA 031178; AKA 032449; 

AKA 033871; AKA 034383; AKJ 010461; AKJ 010598; 

AKJ 010761; AKJ 011157; AKJ 011168; AKJ 011203; 

AKJ 011210; AKJ 011212; AKJ 011213; AKJ 011291. 

4. The Court retains jurisdiction to entertain such 

further proceedings, enter such orders, and issue such 

writs as from time to time may be deemed necessary or 

advisable to effectuate and supplement this Decree and 

the rights of the respective parties. In all other respects, 

this Decree is final.