ELR Citation: ELR 20314
No(s). 202-70 (10th Cir. Jun 9, 1971)

Secretary of Interior may validly impose 25 cents per-acre rental fee as condition to issuance of prospecting permit on federally owned sulphur lands despite fact that lease application was filed before fee announced or contemplated. Secretary has both statutory authority and authority implied by his "general powers over the public lands as guardian of the people" to initiate such fees. Application for federal noncompetitive lease, even where acceptance is a mere formality, creates only a hope or expectation in the potential lessee rather than a vested property right.

Counsel for Appellant:
George H. Hunker, Jr.
418 Hinkle Bldg.
P.O. Box 2086
Rosewell, NM 88201
(505) 662-3405

Lyle E. Teutsch, Jr.
131 W. Palace
P.O. Box 4086
Santa Fe, NM 87501
(505) 982-5507

Roy G. Hill
131 W. Palace
Santa Fe, NM 87501
(505) 982-5506

Counsel for Appellees:
Shiro Kashiwa Assistant Attorney General
Dept. of Justice
Washington, DC 20530
(202) 737-8200

Raymond N. Zagone
Dirk D. Snel
Dept. of Justice
Washington, DC 20530
(202) 737-8200