Babbitt

R.T. Vanderbilt Company (“Vanderbilt”) sought an order from the district court directing the Secretary of the Interior (“Secretary”) to continue processing Vanderbilt’s mining patent applications. The district court granted summary judgment for the Secretary. We have jurisdiction under 28 U.S.C. § 1291 . We AFFIRM, although for somewhat different reasons than those stated by the district court.

BACKGROUND

General Mining Law Overview

Under the General Mining Act of 1872, 30 U.S.C. §§ 21-54 , citizens can enter and use public lands for mining exploration. If valuable mineral deposits are found, a mining claim may be filed for a lode or placer claim, as well as a nearby mill-site. Swanson v. Babbitt, 3 F.3d 1348, 1350 (9th Cir. 1993). Possessory interest in a claim can be held indefinitely upon discovery of valuable mineral deposits provided that annual assessment work is performed, all necessary filings and fee payments are made, and the valuable mineral deposit continues to exist. Independence Mining Co. v. Babbitt, 105 F.3d 502, 506 (9th Cir.1997).

A claimholder may apply to the Interior Department to obtain a patent which, if obtained, conveys fee title. Id. After…