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HUMBOLDT COUNTY v. UNITED STATES

No. 80-4419.

684 F.2d 1276 (1982)

HUMBOLDT COUNTY, a Political Subdivision of the State of Nevada, Plaintiff-Appellant, v. UNITED STATES of America; Department of Interior; Bureau of Land Management; Secretary of the Department of Interior; Winnemucca District Manager, Bureau of Land Management; State Director — Nevada, Bureau of Land Management; Director Bureau of Land Management; and Chief, Division of Resources, Bureau of Land Management, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided August 24, 1982.

Attorney(s) appearing for the Case

Julian C. Smith, Jr., Carson City, Nev., argued for Humboldt County; Smith & Gamble, Ltd., Carson City, Nev., on brief.

James G. Watt, Mountain States Legal Foundation, Denver, Colo., on brief, for amicus curiae.

James C. Kilbourn, Dept. of Justice, Washington, D. C., argued for defendants-appellees; Shirley Smith, Asst. U. S. Atty., Reno, Nev., Dirk D. Snel, Atty., Washington, D. C., on brief.

Before BROWNING, Chief Judge; SKOPIL, and NORRIS, Circuit Judges.

SKOPIL, Circuit Judge:

INTRODUCTION

Humboldt County appeals the district court's decision upholding the Bureau of Land Management's ("BLM") closure of two roads in the Blue Lake area of the county to vehicular use.1 The County argues that: (1) it holds rights of way in the two roads under Section 8 of the Act of July 26, 1866, 43 U.S.C. § 932 (Revised Statutes 2477), (2) the BLM failed to comply with applicable federal law...

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