REHNQUIST, C. J., dissenting

480 U. S.

tates would be willing buyers of this interest." Nor does the Court suggest that the owner of both the mineral and support estates finds his separate interest in support to be without value. In these circumstances, where the estate defined by state law is both severable and of value in its own right, it is appropriate to consider the effect of regulation on that particular property interest.

99

When held by owners of the mineral estate, the support estate "consists of the right to remove the strata of coal and earth that undergird the surface . . . .' 771 F. 2d, at 715. Purchase of this right, therefore, shifts the risk of subsidence to the surface owner. Section 6 of the Subsidence Act, by making the coal mine operator strictly liable for any damage to surface structures caused by subsidence, purports to place this risk on the holder of the mineral estate regardless of whether the holder also owns the support estate. Operation of this provision extinguishes petitioners' interests in their support estates, making worthless what they purchased as a separate right under Pennsylvania law. Like the restriction on mining particular coal, this complete interference with a property right extinguishes its value, and must be accompanied by just compensation."

IV

In sum, I would hold that Pennsylvania's Bituminous Mine Subsidence and Land Conservation Act effects a taking of petitioners' property without providing just compensation. Specifically, the Act works to extinguish petitioners' interest

'It is clear that under Pennsylvania law, "one person may own the coal, another the surface, and the third the right of support." Smith v. Glen Alden Coal Co., 347 Pa. 290, 304, 32 A. 2d 227, 234–235 (1943).

It is therefore irrelevant that petitioners have not presented evidence of "what percentage of the purchased support estates, either in the aggregate or with respect to any individual estate, has been affected by the Act." Ante, at 501. There is no doubt that the Act extinguishes support estates. Because it fails to provide compensation for this taking, the Act violates the dictates of the Fifth Amendment.

470

REHNQUIST, C. J., dissenting

in at least 27 million tons of coal by requiring that coal to be left in the ground, and destroys their purchased support estates by returning to them financial liability for subsidence. I respectfully dissent from the Court's decision to the contrary.9

'Because I would find § 6 of the Subsidence Act unconstitutional under

the Fifth Amendment, I would not reach the Contracts Clause issue addressed by the Court, ante, at 502-506.

the National Park System, National Wildlife Refuge System, National Forest System, National Wild and Scenic Rivers System, and National Wilderness Preservation System, and also provided for the establishment of a National Conservation Area and National Recreation Area, within the State of Alaska. Titles II-VII, 94 Stat. 2377-2422. The Act also provided means to facilitate and expedite the conveyance of federal lands within the State to the State of Alaska under the Statehood Act and to Alaska Natives under ANCSA. Titles IX and XIV, 94 Stat. 2430-2448, 2491-2549. The remaining federal lands within the State were left available for resource development and disposition under the public land laws. The other provisions of ANILCA have no express applicability to the OCS and need not be extended beyond the State of Alaska in order to effectuate their apparent purposes." It is difficult to believe that Congress intended the subsistence protection provisions of Title VIII, alone among all the provisions in the Act, to apply to the OCS. It is particularly implausible because the same definition of "public lands" which defines the scope of Title VIII applies as well to

values under permanent Federal ownership and management. . . . It virtually completes the public land allocation process in Alaska which began with the Statehood Act of 1958 which granted the State the right to select approximately 104 million acres of public land; this land grant is less than 30 percent complete. The Federal land disposal process was continued by the Alaska Native Claims Settlement Act of 1971 which granted Alaska Natives the right to select approximately 44 million acres of federal land; this process is only one-eighth complete." H. R. Rep. No. 96-97, pt. 1, p. 185 (1979).

See also H. R. Rep. No. 96-97, pt. 2, p. 89 (1979); S. Rep. No. 96-413, p. 126 (1979).

*Title I sets forth the Act's purposes and definitions. Titles X and XV pertain to mineral resources. Title XI governs transportation and utility systems in and across, and access into, conservation system units, Title X11 provides for federal-state cooperation, and Title XIII contains miscellaneous administrative provisions.

tences and to impose probation instead. The United States Court of Appeals for the Second Circuit held that § 3147 "supersede[d]" § 3651, leaving federal judges without authority to suspend execution of sentences imposed under §3147. 794 F. 2d 24, 26 (1986). We reverse.

Petitioner, Gloria Rodriguez, was arrested for selling cocaine. While released on a personal recognizance bond she was arrested again, for selling heroin. She pleaded guilty to both charges. The sentencing judge recognized that §31471 required that petitioner be sentenced to at least a 2-year term of imprisonment in addition to the sentences for the two drug offenses. Nevertheless, relying on $3651,2 he suspended execution of that sentence, finding that under the circumstances a 2-year probation term was more appropriate. The United States appealed, arguing that §3147 had superseded §3651, and that the sentencing judge had no authority to suspend execution of the sentence imposed under §3147. The Court of Appeals agreed with the United States and reversed. 794 F. 2d 24 (CA2 1986). Rodriguez then filed this petition for certiorari.

Section 3147 provides in relevant part:

"A person convicted of an offense committed while released [pending judicial proceedings] shall be sentenced, in addition to the sentence prescribed for the offense[,] to

"(1) a term of imprisonment of not less than two years and not more than ten years if the offense is a felony. . . .

"A term of imprisonment imposed pursuant to this section shall be consecutive to any other sentence of imprisonment."

2 Section 3651 provides in relevant part:

"Upon entering a judgment of conviction of any offense not punishable by death or life imprisonment, any court having jurisdiction to try offenses against the United States[,] when satisfied that the ends of justice and the best interest of the public as well as the defendant will be served thereby, may suspend the imposition or execution of sentence and place the defendant on probation for such period and upon such terms and conditions as the court deems best."

Since § 3147 does not explicitly divest sentencing judges of their authority under § 3651, the Court of Appeals' judgment amounts to the conclusion that §3147 is an implicit partial repeal of § 3651. It is well settled, however, that repeals by implication are not favored, see, e. g., TVA v. Hill, 437 U. S. 153, 189 (1978), and will not be found unless an intent to repeal is "clear and manifest."" United States v. Borden Co., 308 U. S. 188, 198 (1939) (quoting Red Rock v. Henry, 106 U. S. 596, 602 (1883)). Nothing in the language of these two provisions suggests the existence of the """irreconcilable conflict,' """ Kremer v. Chemical Construction Corp., 456 U. S. 461, 468 (1982) (citations omitted), from which an intent to repeal may be inferred. To the contrary, the provisions fit together quite sensibly. Section 3147 requires that those who commit felonies while on release be sentenced to a term of at least two years; §3651 authorizes sentencing judges to suspend execution of those sentences if probation would be more appropriate. Section 3147 is no different from many other federal statutes requiring minimum sentences, which have uniformly been held to be subject to the suspension authority of §3651. See, e. g., Andrews v. United States, 373 U. S. 334, 340 (1963) (dictum); United States v. Davis, 560 F. 2d 144, 148, n. 6 (CA3), cert. denied sub nom. Hazzard v. United States, 434 U. S. 839 (1977); United States v. Wilson, 506 F. 2d 521, 522 (CA9 1974) (per curiam); Jones v. United States, 419 F. 2d 593, 597-598 (CA8 1969); United States v. Cameron, 351 F. 2d 448, 449 (CA7 1965); United States v. Hardaway, 350 F. 2d 1021, 1022 (CA6 1965); Smith v. United States, 284 F. 2d 789, 791, n. 2 (CA5 1960); United States v. Donovan, 242 F. 2d 61, 64 (CA2 1957).

The Court of Appeals rested its conclusion in part on the legislative history of the CCCA, noting that various Senate and House Reports referred to § 3147 as establishing a “mandatory" sentence, as prescribing a "term of imprisonment of at least two years and not more than ten,” and as "requir[ing] that the individual be imprisoned for an additional period of