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United States v. Lindsey

United States Court of Appeals, Ninth Circuit
Apr 11, 1979
595 F.2d 5 (9th Cir. 1979)

Summary

holding that United States had control over conduct of defendants who, lacking permits, built a campfire on state land adjacent to national forests

Summary of this case from McGrail Rowley v. Babbitt

Opinion

No. 78-1036.

April 11, 1979.

Warren S. Derbidge, Asst. U.S. Atty., Boise, Idaho, for appellant.

Robert F. Moore, Boise, Idaho, for appellees.

On Appeal from the United States District Court for the District of Idaho.

Before BROWNING and MERRILL, Circuit Judges, and BURNS, District Judge.

Honorable James M. Burns, District Judge, United States District Court for the District of Oregon, sitting by designation.


While rafting down the Snake River in Idaho, appellees camped and built a campfire. The campsite was on a portion of the river that is surrounded by national forests — Nez Perce National Forest to the east, and the Wallowa-Whitman National Forest to the west — and that comprises a part of the Hells Canyon National Recreational Area and has been designated a part of the Wild and Scenic River System created by 16 U.S.C. § 1271. Appellees were charged with violating regulations issued by the Secretary of Agriculture in camping and building a fire without permits.

The regulations were issued pursuant to 16 U.S.C. § 551 respecting the National Forest System, 16 U.S.C. § 460gg respecting the Hells Canyon National Recreation Area and 16 U.S.C. § 1271 respecting the Wild and Scenic River System. 36 CFR, § 261.1(c) authorizes promulgation of regulations applicable to activities occurring in a national forest and to "an act or omission [that] affects, threatens or endangers property of the United States administrated by the Forest Service." 36 CFR, § 261.52(a) prohibits using a campfire without permit. Section 261.58(e) prohibits camping without permit.

The campsite was located on dry land below the river's high water mark and, therefore, was legally on the river bed, title to which is held by the State of Idaho. On motion of appellees the district court dismissed the complaint on the ground that the alleged activities occurred on state property beyond the jurisdiction of the United States. This appeal by the Government followed. We reverse.

The fact that title to the land on which the violations occurred was in the state of Idaho does not deprive the United States of regulatory control over appellees' conduct. Article IV, Section 3, Clause 2 of the United States Constitution provides in part:

The Congress shall have Power to dispose of and make all needful Rules and Regulations respecting the Territory or other Property belonging to the United States.

It is well established that this clause grants to the United States power to regulate conduct on non-federal land when reasonably necessary to protect adjacent federal property or navigable waters.

In United States v. Alford, 274 U.S. 264, 47 S.Ct. 597, 71 L.Ed. 1040 (1926) the Court dealt with an act regulating the building of fires near inflammable material on the public domain. Mr. Justice Holmes, writing for the Court, stated "the purpose of the Act is to prevent forest fires which have been one of the great economic misfortunes of the country. The danger depends upon the nearness of the fire not upon the ownership of the land . . ." 274 U.S. at 267, 47 S.Ct. at 598. Responding to a challenge to the Act's constitutionality the Court held "[t]he statute is constitutional. Congress may prohibit the doing of acts upon privately owned lands that imperil the publicly owned forests." Id.

In Kleppe v. New Mexico, 426 U.S. 529, 538, 96 S.Ct. 2285, 2291, 49 L.Ed.2d 34 (1976) the Court noted that the "power granted by the Property Clause is broad enough to reach beyond territorial limits."

Reversed and remanded for further proceedings.


Summaries of

United States v. Lindsey

United States Court of Appeals, Ninth Circuit
Apr 11, 1979
595 F.2d 5 (9th Cir. 1979)

holding that United States had control over conduct of defendants who, lacking permits, built a campfire on state land adjacent to national forests

Summary of this case from McGrail Rowley v. Babbitt

upholding prohibition against camping and campfires on riverbed outside of, but adjacent to, federal land

Summary of this case from Livingson v. United States

In United States v. Lindsey, 595 F.2d 5 (9th Cir. 1979), Congress's exercise of authority over non-federal lands came in the form of "regulations issued by the Secretary of Agriculture."

Summary of this case from Stupak-Thrall v. U.S.

In United States v. Lindsey, 595 F.2d 5 (9th Cir. 1979), the court followed Alford and concluded that the federal government could regulate the building of forest fires on state-owned land if the regulation was for the purpose of protecting federal land.

Summary of this case from Stupak-Thrall v. U.S.

In United States v. Lindsey, 595 F.2d 5 (9th Cir. 1979), the defendant was charged with violating regulations issued by the Secretary of Agriculture regarding camping and building a fire without permits.

Summary of this case from United States v. Arbo

In Lindsey, supra, defendants built a fire at a campsite on a riverbed that was technically a part of the State of Idaho, but was surrounded on either side by land designated a part of the Wild and Scenic River System.

Summary of this case from United States v. Richard

In United States v. Lindsey, 595 F.2d 5, 6 (9th Cir. 1979), the defendants made camp and built a fire in the riverbed along the Snake River in Idaho.

Summary of this case from United States v. McNeal
Case details for

United States v. Lindsey

Case Details

Full title:UNITED STATES OF AMERICA, APPELLANT, v. BENJAMIN SCOTT LINDSEY AND THOMAS…

Court:United States Court of Appeals, Ninth Circuit

Date published: Apr 11, 1979

Citations

595 F.2d 5 (9th Cir. 1979)

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