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
Court of Appeals for the Ninth Circuit
1Opinion of the Court
TANG, Circuit Judge:
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”)…
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