John McKown, IV v. United States

MEMORANDUM

John H. McKown IV appeals the finding by the Interior Board of Land Appeals (IBLA) that three unpatented mining claims, White Cap Nos. 1, 2, and 3, to which he asserts an interest, are invalid for lack of discovery of a valuable mining deposit. The district court affirmed the IBLA’s decision on these Administrative Procedure Act (APA) claims. McKown also brought four separate, non-APA claims in district court, which were dismissed with prejudice; McKown argues that these claims should be dismissed without prejudice in the event the APA claims are valid. We have jurisdiction under 28 U.S.C. 1291, and we affirm.

“In reviewing decisions of the IBLA, this court exercises a limited standard of review.” Hjelvik v. Babbitt, 198 F.3d 1072, 1074 (9th Cir.1999). Under this standard, an agency’s factual conclusions should be supported by “substantial evidence,” which is “such relevant evidence as a reasonable mind might accept as adequate to support a conclusion.” Id. (internal citations omitted). If the IBLA’s decision “considered the relevant factors and articulated a rational connection between the facts found and the choice made,” then the decision must be affirmed. Pac.…