Loyd A. McMichael and George McMichael v. United States

On July 9, 1963, appellants drove their motorcycles over twenty miles of trails within the Idaho Primitive Area of the Boise National Forest. They admit see ing a sign at the entrance to the primitive area stating that motorized vehicles were prohibited. Appellants were convicted of a misdemeanor and fined.$100 each under 16 U.S.C. § 551 for violation of regulations prohibiting the operation of motorized vehicles within that portion of the national forests designated by the Secretary as “primitive areas.” Upon this appeal they challenge the validity of those regulations.

The Idaho primitive area was established in 1931 pursuant to regulation in order:

Appellants’ position is that regulations establishing primitive, wilderness and wild areas and providing limitations upon the use to be made of such areas are not authorized by section 551 (see footnote l). That section, they point out, directs the Secretary of Agriculture to “make provisions for the protection against destruction by fire and depredations upon [established] public forests”; and authorizes the Secre tary to “make such rules and regulations and establish such service as will insure the objects of such reservations.”…