Plaintiffs John and Stacy Ambler own private property located 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, known as the Streambed Act, against the Amblers. This Act regulates and provides a system for approving construction along streambanks. The Amblers moved for summary judgment, arguing that the State of Montana lacks the authority to enforce this statute on their property. The district court agreed, concluding that the conservation district lacked jurisdiction to enforce the Act against the Amblers. The intervenors and the conservation district appealed, challenging the district court's determination regarding state jurisdiction over the ceded lands.
The Ninth Circuit reviewed the case de novo, focusing on the scope of Montana's jurisdiction over private lands within the park. The court noted that in 1911, Montana ceded jurisdiction to the United States over these inholdings, and the federal government accepted that cession in 1914. This transfer established that federal authority became the only authority operating within the ceded area, including privately owned lands. While the State reserved the powers to serve process and to tax, it did not retain general legislative jurisdiction. 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 existed at the time of cession. The court found that the 1975 Streambed Act is not part of that same basic scheme. The laws in effect in 1914 regulated the dumping of sawmill debris and permitted the building of docks and wharves, provided they did not impede navigation. The Streambed Act, which regulates construction approval, is distinct from these earlier laws. The court also addressed the argument that the Streambed Act is a criminal law because it contains criminal penalties. The court held 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 mechanism for seeking approval of construction rather than prohibiting it, it is a regulatory statute. Consequently, it was not assimilated into federal law upon enactment in 1975. Finally, the court rejected arguments based on public policy and federalism, stating that these concerns do not support applying state law where the federal government holds exclusive legislative jurisdiction.
The decision affirms that the Amblers' property is free from regulatory authority under the Montana Streambed Act. The conservation district's enforcement actions are invalid. This ruling clarifies that post-cession civil statutes in Montana do not apply to private inholdings in Glacier National Park unless they mirror the basic scheme of laws existing in 1914. The case is remanded with instructions to affirm the district court's grant of summary judgment to the Amblers.
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