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GAO-23-106235 1 (2023-07-27)

handle is hein.gao/gaopch0001 and id is 1 raw text is: Why This Matters Alaska contains over 12,000 rivers and more than 3 million lakes, with over 14 percent of the state's total square miles consisting of waterways. Because there is a limited highway system in Alaska, waterways often serve as important transportation corridors. Many of these waterways and the submerged lands beneath them-the beds and banks of waterways and their associated natural resources, such as minerals-are managed by the federal government, which is the largest landowner in Alaska. Under federal law, a state owns the unreserved submerged lands beneath waters that were navigable as of the date of statehood, which was 1959 for Alaska.1 The Supreme Court of the United States has defined navigability for title, stating that waters are navigable in fact when they are used, or are susceptible of being used, in their ordinary condition, as highways for commerce over which trade and travel are or may be conducted in the customary modes of trade and travel on water.2 State and federal agencies have different missions, laws, and regulations that govern how they manage lands in Alaska. As a result, who owns submerged lands affects a range of land management functions, including collection of fees; decisions about use of resources, such as access to waterways for commercial tour operators; and law enforcement. We were asked to examine issues related to the ownership of submerged lands in Alaska. This report provides information on the processes used for resolving ownership of submerged lands in Alaska and actions that federal agencies have taken to clarify land management responsibilities between the federal government and the state, while ownership of submerged lands is being resolved. Key Takeaways Two processes can be used for resolving ownership of submerged lands, depending on the situation: an administrative process or a judicial process. Under the administrative process, since 2003, the Bureau of Land Management (BLM) has made determinations in 36 instances that Alaska owns specific submerged lands, in response to applications submitted by the state. The state pays BLM's administrative costs to complete the process. The administrative process has taken 5 years, on average, to complete. Under the judicial process, the state has filed at least 10 lawsuits since 1980, according to BLM. For closed cases, there has been a range of outcomes, including the court ruling in favor of either party. BLM officials indicated that the process is complex and can take years to complete for each case. Page 1 GAO-23-106235 Alaska Submerged Lands Management

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