North Dakota v. United States

• Citation: 460 U.S. 300,75 L.Ed.2d 77,103 S.Ct. 1095
• Decision Date: 07 March 1983
• Docket Number: No. 81-773,81-773
• Parties: NORTH DAKOTA, Appellant, v. UNITED STATES
• Court: United States Supreme Court

460 U.S. 300

103 S.Ct. 1095

75 L.Ed.2d 77

NORTH DAKOTA, Appellant,

v UNITED STATES.

No. 81-773.

Argued Nov. 2, 1982.

Decided March 7, 1983.

Syllabus

The federal Migratory Bird Hunting Stamp Act (Stamp Act) authorizes the Secretary of the Interior to acquire easements over wetland areas suitable for migratory waterfowl breeding and nesting grounds. Section 3 of the Wetlands Act of 1961 (Loan Act) provides that no land suitable for waterfowl habitats can be acquired with money from the fund established for such acquisitions unless the acquisition "has been approved" by the Governor or an appropriate agency of the State in which the land is located. Between 1961 and 1977, successive Governors of North Dakota consented to the acquisition of easements covering approximately 1.5 million acres of wetlands in that State. By 1977, the United States had obtained easements covering about half of this acreage. In the 1970's, however, cooperation between North Dakota and the United States began to break down, and in 1977 North Dakota enacted statutes restricting the United States' ability to acquire easements over wetlands. These statutes set out certain conditions that must be met "prior to final approval" of the acquisition of the easements, permitted a landowner to drain any after-expanded wetland in excess of the legal description in the easement, and limited all easements to a maximum term of 99 years. The United States brought suit in Federal District Court, seeking a declaratory judgment that, inter alia, the 1977 North Dakota statutes were hostile to federal law and could not be applied and any easement acquired in violation of such statutes would nevertheless be valid. The District Court granted summary judgment for the United States, and the Court of Appeals affirmed.

Held:

1. The consent required by § 3 of the Loan Act cannot be revoked at the will of an incumbent Governor. To hold otherwise would be inconsistent with the Loan Act's purpose of facilitating the acquisition of wetlands. Here, the acquisition in question clearly "has been approved" by North Dakota's Governors as § 3's language provides. Nothing in the statute authorizes the withdrawal of approval previously given. Nor does § 3's legislative history suggest that Congress intended to permit Governors to revoke their consent. Pp. 312-316.

2. Since § 3 of the Loan Act does not permit North Dakota to revoke its consent outright, the State may not revoke its consent based on non- compliance with the conditions set forth in the 1977 legislation. And to the extent that such legislation authorizes landowners to drain after-expanded wetlands contrary to the terms of their easement agreements, it is hostile to federal interests and may not be applied. For the same reason, the statute limiting easements to a maximum term of 99 years may not be applied to wetlands acquired by the United States pursuant to previously given consents. Pp. 316-320.

650 F.2d 911, affirmed.

Robert O. Wefald, Bismarck, N.D., for appellant.

Barbara E. Etkind, Philadelphia, Pa., for appellee.

Justice BLACKMUN delivered the opinion of the Court.

Under the federal Migratory Bird Hunting Stamp Act, the Secretary of the Interior is authorized to acquire easements over small wetland areas suitable for migratory waterfowl breeding and nesting grounds. Although the State of North Dakota initially consented to the Secretary's acquisition of easements over certain wetlands, the State now seeks to withdraw its consent and to impose conditions on any future acquisitions. This has led to the present litigation, for the State's present posture raises the question whether the Secretary may proceed to acquire easements pursuant to North Dakota's prior consent.

I

A.

In 1929, the Migratory Bird Conservation Act (Conservation Act), 45 Stat. 1222, ch. 257, 16 U.S.C. § 715 et seq., became law. By § 5 of that Act, 45 Stat. 1223, the Secretary of the Interior was authorized to acquire land "for use as inviolate sanctuaries for migratory birds." ¹ Land acquisitions under the Conservation Act are subject to certain conditions: they must be approved in advance by the Migratory Bird Conservation Commission, §§ 2 and 5, 16 U.S.C. §§ 715a and 715d, and the State in which the land is located must "have consented by law to the acquisition," § 7, 16 U.S.C. § 715f.

In 1934, in order to provide funding for land acquisitions under the Conservation Act, the Migratory Bird Hunting Stamp Act (Stamp Act), 48 Stat. 451, 16 U.S.C. § 718 et seq., was enacted. Section 1 of the Stamp Act, 16 U.S.C. § 718a, required waterfowl hunters to purchase migratory bird hunting stamps, commonly known as duck stamps. By § 4, 16 U.S.C. § 718d, the proceeds from the sale of the stamps were to form a special "migratory bird conservation fund" (conservation fund) to be used primarily to pay for "the location, ascertainment, acquisition, administration, maintenance, and development" of bird sanctuaries pursuant to the Conservation Act.

To hasten the acquisition of land suitable for waterfowl habitats, Congress amended the Stamp Act in 1958. The price of a duck stamp was increased, and, most important for our present purposes, the Secretary of the Interior was authorized to expend money from the conservation fund for a new type of property: "small wetland and pothole areas, interests therein, and rights-of-way to provide access thereto," the small areas "to be designated as 'Waterfowl Production Areas.' " Pub.L. 85-585, § 3, 72 Stat. 487, 16 U.S.C. § 718d(c). Such waterfowl production areas could be "acquired without regard to the limitations and requirements of the Migratory Bird Conservation Act." Ibid. Because these waterfowl production areas did not have to be maintained as sanctuaries, there was no need for them to be purchased outright; the Secretary was authorized to acquire easements prohibiting fee owners from draining their wetlands or otherwise destroying the wetlands' suitability as breeding grounds.

Despite the 1958 amendments, however, the proceeds from duck stamp sales proved insufficient to acquire land at the rate Congress deemed necessary. Accordingly, a new source of income was provided through the Wetlands Act of 1961 (Loan Act), Pub.L. 87-383, 75 Stat. 813. Section 1 of this new Act originally authorized sums for appropriation not to exceed $105 million for a seven-year period.² These sums were to be added to the conservation fund in the form of interest-free loans that were to be repaid out of duck stamp proceeds. In addition, § 3 of the Loan Act provided that no land could be acquired with money from the conservation fund unless consent had been obtained from the Governor or an appropriate agency of the State in which the land was located.³

B

The principal waterfowl breeding grounds in the continental United States are located in four States of the northern Great Plains—North Dakota, South Dakota, Minnesota, and Montana.⁴ North Dakota, in particular, is rich in wetlands suitable for waterfowl breeding, and the Government's acquisition of North Dakota land has been given high priority. See, e.g., H.R.Rep. No. 95-1518, p. 5 (1978); U.S.Code Cong. & Admin.News 1978, p. 4722; S.Rep. No. 94-594, p. 3 (1976), U.S.Code Cong. & Admin.News 1976, p. 271.

For the most part, North Dakota has cooperated with federal efforts to preserve waterfowl habitats. Two years after the Conservation Act went into effect, the State, pursuant to § 7 of that Act, 45 Stat. 1223, 16 U.S.C. § 715f, gave its consent to the "acquisition by the United States . . . of such areas of land or water, or of land and water in the State of North Dakota as the United States may deem necessary for the establishment of migratory bird reservations." 1931 N.D.Laws, ch. 207, p. 360. By 1958, the United States had acquired more than 276,000 acres of North Dakota land for use as migratory bird refuges. Hearings on S. 2447 et al. before a Subcommittee of the Senate Committee on Interstate and Foreign Commerce, 85th Cong., 2d Sess., pp. 79-81 (1958).

When the Loan Act was passed in 1961, the United States, through its Fish and Wildlife Service, promptly sought the necessary gubernatorial consent from Governor Guy of North Dakota. Between 1961 and 1977, Governor Guy and his successor, Governor Link, consented to the acquisition of easements covering approximately 1.5 million acres of wetlands. The consents specified the maximum acreage to be acquired within each county in the State, but did not list particular parcels.⁵ By 1977, the Fish and Wildlife Service had obtained easements covering about half of the total wetlands acreage authorized by the consents.⁶

In the mid-1970's cooperation between North Dakota and the United States began to break down. The sources of the dispute are not altogether clear; the State accuses the United States of misleading landowners from whom it purchased easements, and of reneging on some unrelated agreements relating to flood-control projects. See Record 19-20, 40; Brief for Appellant 30-33. In any event, North Dakota enacted legislation in 1977 restricting the United States' ability to acquire easements over wetlands. 1977 N.D.Laws, ch. 204, p. 461, and ch. 426, p. 923.

The 1977 legislation affects the acquisition of wetlands easements in three major ways. First, § 2 of ch. 204, codified as N.D.Cent.Code § 20.1-02-18.1, as amended by 1979 N.D.Laws, ch. 553, § 11, p. 1412,⁷ re- quires the Governor to submit proposed wetlands acquisitions for approval by the board of county commissioners of the county in which the land is located. The "federal agency involved"—here, the United States Fish and Wildlife Service—must provide the county with a "detailed impact analysis," and the county, as well, is directed to prepare an impact analysis at federal expense. If the county does not recommend the acquisition, the Governor may not approve it. Next, § 3 of ch. 204, codified as § 20.1-02-18.2, as amended by 1981 N.D.Laws, ch. 258,...