John L. Faulkner, Laura Jo Faulkner, R. Fred Faulkner, and Susan L. Faulkner v. James G. Watt, Secretary of the Interior

This case involves the narrow question of whether the Secretary of the Interi- or’s undisputed obligation to classify, upon petition by a qualified applicant, certain lands under the Taylor Grazing Act, § 7, 43 U.S.C. § 315f as suitable or unsuitable for agriculture also requires the Secretary to reclassify lands whose best use has previously been considered. Under the Department of Interior’s interpretation, plaintiffs are effectively barred from making an entry onto federal lands under the Desert Land Acts, 43 U.S.C. §§ 321-339 . The Interior Board of Land Appeals (IBLA) and the district court sustained the Department’s regulation refusing to accept any petitions for classification of lands that have already been classified. Jurisdiction in the district court rested on 28 U.S.C. § 1361 (mandamus to compel a federal officer to perform a duty owed the plaintiff). Our jurisdiction rests on 28 U.S.C. § 1291 . We affirm.

I.

FACTS

The original Desert Land Act, 43 U.S.C. §§ 321-323 , was enacted in 1877 to allow private access to and reclamation of federal land. Since enactment of § 7 of the Taylor Grazing Act in 1934, 43 U.S.C. § 315f, private parties may enter such federal lands…