Stewart L. Udall, Secretary of the Interior v. Battle Mountain Company

Battle Mountain Company initiated these proceedings to secure review of an administrative decision of the Secretary of the Interior rejecting the right of Battle Mountain to the selection of public lands in lieu of forest lands relinquished to the United States by Santa Fe Pacific Railroad Company in 1908. Battle Mountain claimed its forest lieu selection right through 1915 assignments from Santa Fe. The administrative decision rejecting its claim was pursuant to the position of the Secretary that such rights are not assignable and, as to Battle Mountain, had been extinguished by the Government’s 1956 reconveyance to Santa Fe of the forest lands theretofore relinquished.

On review of this decision the District Court reversed, holding that the rights asserted by Battle Mountain were valid and must be respected by the Secretary. Linn Land Co. v. Udall, 255 F.Supp. 382 (D.Ore.1966). This appeal followed.

The sequence of events involves and spans various Public Lands Acts.

The Act of June k, 1897, 30 Stat. 36 .

In the late 1800’s the creation of forest reserves was initiated, primarily from the public domain. Difficulties in consolidating reserves arose through the interference of…