State of Oregon, by and Through the Division of State Lands v. The Bureau of Land Management, Department of the Interior, United States of America

In 1968, the State of Oregon (“Oregon”) made applications to the Bureau of Land Management (“BLM”) to obtain federal land under 43 U.S.C. § 851 . After audits of land transactions dating back to 1859, the BLM concluded that Oregon had already received public lands in excess of its entitlement and therefore denied Oregon’s applications. The BLM also ruled that the “pro rata rule” of 43 U.S.C. § 852 (b) must be utilized for indemnity selections in lieu of unsurveyed school sections in fractional townships. On administrative appeal, the Interior Board of Land Appeals (“IBLA”) affirmed the BLM. On judicial review, the district court granted summary judgment in favor of the BLM, ruling that the decisions of the IBLA were not arbitrary, capricious, an abuse of discretion, nor otherwise not in accordance with the law. Oregon v. Bureau of Land Management, 676 F.Supp. 1047 (D.Or.1987). Oregon appeals. We have jurisdiction under 28 U.S.C. § 1291 .

7. Background

In order to better understand this case, it is necessary first to review some pertinent statutes and historical facts.

A.Oregon Admission Act

Oregon was admitted into the Union on February 14, 1859 under the Oregon Admission Act.…