Crummett

In this action involving conflicting mining claims to real property in Sierra County, the trial court refused to apply the recordation provisions of the Federal Land Policy and Management Act of 1976 ( 43 U.S.C. § 1701 et seq., especially § 1744 (FLPMA)), and entered a judgment quieting title to the property known as the “Good Faith” claim in cross-complainants Jereld R. and Danette Miller despite their failure to comply with those provisions. We find the FLPMA recordation provisions to be self-executing and that by virtue of Miller’s failure to comply with those provisions he forfeited his claim. Accordingly, we shall reverse the judgment.

Factual and Mining Law Background

The facts relevant to the issues on appeal are not in dispute and may be best understood following a brief exposition of mining law. We are concerned here with public land under the ownership of the United States.

The power over the disposition of such land and the minerals contained therein is in Congress and not in the states. (McLemore v. Express Oil Co. (1910) 158 Cal. 559, 562 [ 112 P. 59 ]; Moore v. Smaw (1861) 17 Cal. 199, 218-219 .) Congress has provided that, unless otherwise withdrawn, all…