Louis F. Racine, Jr. Jack B. Furey, Cross-Appellants v. United States of America Dept. Of Agriculture John R. Block, Cross-Appellees

I.

Defendants - appellants - cross - appellees the United States and John R. Block, Secretary of Agriculture, appeal from an order of the district court granting summary judgment in favor of plaintiffs-appellees-cross-appellants Louis F. Racine, Jr. and Jack B. Furey (collectively “Racine”). We must decide whether a scenic easement purchased by the government to protect esthetic values in the Sawtooth National Recreation Area (SNRA) precludes construction by the landowner of structures necessary for dude ranching operations. Because we have concluded that the district court correctly interpreted the terms of the easement, we affirm.

II.

In 1972, Congress established the SNRA “to assure the preservation and protection of the natural, scenic, historic, pastoral, and fish and wildlife values and to provide for the enhancement of ... recreational values.” 16 U.S.C. § 460aa (1982). Congress authorized the Secretary of Agriculture to acquire “scenic easements” from private owners of land within the SNRA in order to assure the protection and preservation of scenic values within the SNRA. Id. at § 460aa-2. A “scenic easement” provides the Secretary with “the right to control the use of…