may grant preliminary injunctive relief in any civil action if the granting of such relief is appropriate under the facts upon which the action is based.” 16 U.S.C. § 3117(a). 3 . As used in ANILCA, (1) The term "land” means lands, waters, and interests therein. (2) The term “Federal land” means lands the title to which is in the United States after December 2, 1980. (3)The term "public lands” means land situated in Alaska which ... are Federal lands.... 16 U.S.C. § 3102(1) — (3). 4 . Although navigability determinations have not yet been made on most of Alaska’s waterways, it is likely that few waterways of significance to fisheries will be classified as non-navigable due to the expansive definition of navigable. See, e.g., Alaska v. Ahtna, Inc., 891 F.2d 1401, 1402-08 (9th Cir.1989) (<HOLDING>), cert. denied, 495 U.S. 919, 110 S.Ct. 1949,
holding that river with depths of 1 to 3 feet and usable by inflatable rafts and small motorboats was navigable holding lake on private land was not navigable in fact and there was no right of public use and enjoyment as lake was not fed by or part of a navigable stream holding that riparians owners have the right of access to the navigable part of the river  the right to make a landing wharf or pier  subject to such general rules and regulations of the legislature holding that the land under navigable waters was not granted by the constitution to the united states but was reserved to the states respectively and that new states have the same rights jurisdiction and sovereignty over the soil under navigable water as the original states holding that congress had the authority under the commerce clause to require private riparian land owners to obtain a license prior to construction of dams even where the river in question was not navigable but could potentially have been made navigable