John and Stacy Ambler own private property within the boundaries of Glacier National Park. The Flathead Conservation District and Friends of Montana Streams and Rivers sought to enforce the Montana Natural Streambed and Land Preservation Act of 1975 against the Amblers, claiming the state had authority to regulate construction along streambanks on their land. The district court granted the Amblers' motion for summary judgment, concluding that the Flathead Conservation District lacked jurisdiction to enforce the Act. The appellants appealed, arguing that state law should apply based on public policy and federalism concerns. The core dispute turns on whether Montana retained the power to enforce post-cession state statutes within the park boundaries where the federal government holds exclusive legislative jurisdiction.
The Ninth Circuit reviewed the district court's grant of declaratory relief de novo. The court began by establishing that in 1911, Montana ceded jurisdiction to the United States over private inholdings within Glacier National Park, and the United States accepted this cession in 1914. Consequently, federal authority became the only authority operating within the ceded area, including privately owned lands. While the United States has exclusive legislative jurisdiction, Montana reserved only the powers to serve process and to tax at the time of cession. The court applied the rule that state law in effect at the time of cession is assimilated into federal law. However, state civil statutes enacted after the cession are not assimilated unless they are part of the same basic scheme that has been in effect since the time of cession. The court found that the 1975 Streambed Act, which regulates and provides a system for approving construction along streambanks, is not part of the same basic scheme as the laws in effect in 1914, which primarily regulated the dumping of sawmill debris and permitted dock construction. The court also addressed the argument that the Streambed Act is a criminal law because it contains a criminal component. The court clarified that a law is not criminal simply because it is enforceable by criminal means. The test is whether the conduct violates the state's public policy. Because the Streambed Act provides a means for seeking approval of construction projects, its intent is to regulate rather than prohibit. Therefore, it is not a criminal law and was not assimilated into federal law. Finally, the court rejected arguments based on public policy and federalism, stating that these do not support the application of state law where the federal government has exclusive legislative jurisdiction.
The decision affirms that the Amblers' property remains free from state regulatory enforcement under the 1975 Streambed Act. This ruling limits the ability of Montana state agencies to enforce post-cession civil statutes within the exclusive federal jurisdiction of Glacier National Park. The decision clarifies that only laws existing at the time of cession or those forming a same basic scheme are applicable. It leaves open the question of how other regulatory schemes might interact with federal jurisdiction but confirms that the Streambed Act does not apply.
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