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The Boundary Waters Canoe Area Wilderness Act Of 1978: Regulating Nonfederal Property Under The Property Clause, Eugene R. Gaetke
The Boundary Waters Canoe Area Wilderness Act Of 1978: Regulating Nonfederal Property Under The Property Clause, Eugene R. Gaetke
Law Faculty Scholarly Articles
In an effort to resolve the nagging controversy over the management of more than one million acres of public forests, lakes, and streams in northeastern Minnesota, Congress enacted the Boundary Waters Canoe Area Wilderness Act of 1978 (BWCA Act). Despite its objective, the Act has engendered further controversy. Particularly troublesome are several provisions that regulate the use of motorboats on lakes within and partly within the area. Those provisions test the scope of congressional power over nonfederal property under the property clause of article IV of the United States Constitution.
This Article examines the aged Supreme Court cases under which …