ELR Citation: ELR 20619
No(s). 24,608 (9th Cir. Aug 31, 1971)

When read in conjunction, the Taylor Grazing Act and the Recreation and Public Purposes Act of 1954 render void the filing of mining claims on lands classified by the Secretary of Interior for recreation purposes. While this interpretation runs counter to a "natural reading of the pertinent statutory language" of the 1954 Act, it is supported by apparent congressional intent and the contemporaneous interpretation of the statute made by the Secretary in 1954. Interior's regulations support the government's contention that the detailed procedures which appellee claims were violated apply only to lands classified through the petition-application process and not to authorized acts taken by an officer but on own initiative. Secretary's authority may be delegated to land office manager in California. Where statute calls for Secretary to restore classified lands to appropriation if no application has been filed within 18 months of classification, restoration does not occur automatically and Secretary's failure to follow congressional mandate nonetheless bars appellee's mining claims.

Counsel for Plaintiff-Appellee:
John Lonergan
Lonergan, Jordan & Gresham
398 West 4th Street
San Bernardino, CA 92401
(714) 884-2171

Counsel for Defendant-Appellant:
William M. Byrne Jr. U.S. Attorney
U.S. Courthouse
312 North Spring Street
Los Angeles, CA 90012
(213) 688-2434

Before:^* TUTTLE, BROWNING, and HUFSTEDLER, Circuit Judges.