City and County of San Francisco, a Municipal Corporation v. United States

Appellant, hereafter City, appeals from a judgment of the district court holding it liable to the United States for the actual cost of the latter’s maintenance and repair of certain trails, roads and bridges in Yosemite National Park during the years 1929 to 1940.

Congress in the Raker Act, 38 Stat. 242 , granted to San Francisco, having rights to certain water in the Yosemite National Park Reservation, the right to erect and maintain dams, canals and other facilities. To keep the Park open to visitors, campers and hikers and to facilitate San Francisco operations, roads and trails were constructed, the cost of which and their maintenance is to be paid by San Francisco, the latter under 9(q) of the'Act, providing:

San Francisco does not question that in the years 1929 to 1940 the United States expended the amount of money claimed. The City’s contentions are (A) that by an agreement with the Secretary of the Interior, which the United States concedes was made, it was relieved of the obligation of Section 9(q) and (B) that in any event the United States is estopped to deny the validity of the agreement.

A. We agree with the district court that Congress gave the Secretary of the…