United States v. Benjamin Scott Lindsey and Thomas E. Lindsey

Good Law
595 F.2d 5·1979 U.S. App. LEXIS 15514
United States Court of Appeals for the Ninth CircuitApril 11, 197978-1036California505 words

Opinion

Opinion

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 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…

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