Ford M. Converse v. Stewart L. Udall, Secretary of the Interior

Converse appeals from a judgment upholding a decision of the Secretary of the Interior. The Secretary’s decision is reported at 72 Interior Dec. 141 (1965); that of the District Court is reported in Converse v. Udall, D.Or., 1966, 262 F.Supp. 583 . This opinion assumes familiarity with those decisions. We affirm.

In 1955 (P.L. 167, 69 Stat. ch. 375, p. 367) Congress adopted an Act commonly called The Surface Resources Act. Section 4 ( 30 U.S.C. § 612 ) reserves to the United States, as to unpatented mining claims located after July 23, 1955, the effective date of the Act, the right to manage and dispose of the vegetative surface resources and to manage other surface resources, except mineral deposits subject to location. Section 5 (30 U. S.C. § 613) sets up machinery for determining, as to any unpatented claim loeat-ed before that date, “the validity and effectiveness of any right or title to, or interest in or under such mining claim, which the mining claimant may assert contrary to or in conflict with the limitations and restrictions specified in section 4 of this Act * * * ” (69 Stat. p. 371). The Act further provides, in section 7 ( 30 U.S.C. § 615 ): “Nothing in this Act…