United States v. Curtis-Nevada Mines, Inc., and Robert Curtis

This case concerns the right of the general public to use the surface of land upon which unpatented mining claims have been located, when that use does not interfere with mining activities. The principal issue is whether the owner of unpatented mining claims has the right to exclude members of the general public from such use of the surface of the land for recreational purposes or access to other public lands unless they have obtained a specific governmental permit or license for such use. To resolve this issue, we are called upon to construe the provisions of the Surface Resources and Multiple Use Act of 1955 (“Multiple Use Act”), Pub.L.No.84-167, 69 Stat. 367 (codified at 30 U.S.C. §§ 611-612 ).

The United States brought this action to enjoin Curtis-Nevada Mines, Inc. and its president, Robert Curtis, from prohibiting members of the public from using the surface of appellees’ unpatented mining claims for recreational purposes or for entrance to adjacent National Forest lands. Since 1970, appellees located approximately 203 mining claims on public lands administered by the Bureau of Land Management under the Department of the Interior and on lands within the Toiyabe National…