Alaska Land Management: Resolving Ownership of Submerged Lands

What GAO Found

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 beneath waterways—the beds and banks of waterways and their associated natural resources, such as minerals— 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.

Two processes can be used for resolving the ownership of submerged lands, depending on the situation: an administrative process or a judicial process. Both processes can be complex and time-consuming.

Under the administrative process, since 2003, the Department of the Interior's 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 has identified about 150 waterways of interest that it may include in future applications. The administrative process takes an average of 5 years to complete. The variation in processing time depends on several key factors such as the type and amount of available evidence and the complexity of the waterway, according to BLM officials.

The state of Alaska has filed at least 10 lawsuits using the judicial process since 1980, according to BLM. For closed cases, there have been a range of outcomes, including the court ruling in favor of either party. BLM officials indicated that the judicial process is expensive and complex and can take years to complete for each case.

While ownership of specific submerged lands is being resolved, federal land managers, such as BLM, Fish and Wildlife Service (FWS), National Park Service (NPS), and U.S. Forest Service have taken some steps towards management of these lands through an interagency workgroup. However, federal land management agencies have not developed a process for collaborative land management that involves the state. Such a process could reduce intergovernmental conflicts and uncertainties for the public and stakeholders, such as Alaska Native Corporations that own lands adjacent to waterways.

Why GAO Did This Study

GAO was 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 federal agencies have taken to clarify land management responsibilities between the federal government and the state, while ownership of submerged lands is being resolved.

To do this work, GAO reviewed relevant laws, regulations, policies, and guidance related to the administrative and judicial processes for resolving ownership of submerged lands in Alaska. GAO also visited several waterways in Alaska with officials from BLM and the State of Alaska to help understand the considerations for making navigability determinations. GAO also held interviews with BLM and state officials, as well as other federal and non-federal stakeholders, to gain their views on the key steps and challenges with the administrative and judicial processes.