Park

I. BACKGROUND

In 1973, Earl and Iona Monroe, the owners of a plot of land along the Middle Fork of the Clearwater River in Idaho, including a two-acre tract known as Tract 160A, granted the United States a scenic easement in accordance with the Wild and Scenic Rivers Act, 16 U.S.C. §§ 1271-1287.1 The stated purpose of the easement is to allow the U.S. Forest Service “to administer such land to protect the scenic, recreational, geologic, fish and wildlife, historic, cultural, and other similar values [of the region] and to prevent any developments that 1 The Wild and Scenic Rivers Act is meant to preserve “selected rivers of the Nation which, with their immediate environments, possess outstand- ingly remarkable scenic, recreational, geologic, fish and wildlife, historic, cultural, or other similar values . . . in free-flowing condition” for the ben- efit of current and future generations. 16 U.S.C. § 1271. UNITED STATES v. PARK 10285 will tend to mar or detract from their scenic, recreational, geo- logic, fish and wildlife, historic, cultural, or other similar val- ues . . . .” Toward that end, the easement provides, in relevant part, that:

2. RESTRICTIONS…