James Collord Marjorie Collord v. United States Department of the Interior Bruce Babbitt Interior Board of Land Appeals

HUG, Chief Judge:

The issue presented in this ease is whether the Equal Access to Justice Act (“EAJA”), 5 U.S.C. § 504, applies to an administrative proceeding where the Secretary of Interior contests the validity of a mining claim on federal land. We hold that the EAJA applies to mining claim contest proceedings.

I. FACTS AND PROCEDURAL BACKGROUND

This case involves an administrative proceeding to determine the validity of lode mining claims and milling site claims under the General Mining Law of 1872, 30 U.S.C. § 21 et seq. Under the Mining Law, individuals may file a claim to lands owned by…