ELR Citation: ELR 20206
No(s). s. 04-35053, 035056 (9th Cir. Oct 12, 2005)

The court holds that the U.S. Forest Service violated the Administrative Procedure Act (APA) in placing conditions on owners' access to their patented mining claims within the Kootenai National Forest in Montana. The owners claimed that the Forest Service violated the APA and the Quiet Title Act when it granted the owners special use permits under the Alaska National Interests Land Conservation Act rather than unconditional permits. Because the Forest Service failed to consider the owners' easement claims as required by 36 C.F.R. §251.114(f), it violated the APA. As for the owners' Quiet Title Act claims, however, the statute of limitations barred one owner's quiet title action. And because the record was unclear as to whether the court has jurisdiction to hear the other owner's claim, this issue was remanded for further development.