United States of America and Stewart Udall, Secretary of the Interior of the United States of America v. Jack A. Walker

Jack Walker brought suit in the District Court for the District of Idaho to set aside a decision of the Secretary of the Interior denying Walker’s mining claim. Walker claimed he was entitled to purchase certain land in the Logan Creek area of Idaho pursuant to the Mining Claims Occupancy Act, 30 U.S.C. § 701 et seq. The district court, asserting jurisdiction under the Administrative Procedure Act, 5 U.S.C. § 701 et seq., set aside the decision of the Secretary of the Interior. The district court held only that Walker was. entitled to a hearing on his claim before the Secretary made his final decision; it did not reach the underlying issue of whether Walker was entitled to purchase the land. On this appeal brought by the Secretary, the sole issue before the court is whether Walker was entitled to a hearing. We hold that he was not, and we therefore reverse the decision of the district court.

30 U.S.C. § 701 provides in pertinent part that the Secretary of the Interior may convey any interest, up to and including a fee simple, to any occupant of an unpatented mining claim who relinquishes to the United States all right to such claim which he may have under the mining laws. The…