Swanson v. Babbitt

TROTT, Circuit Judge:

The major issue presented by this case is whether the provisions of the Sawtooth National Recreation Area Act, 16 U.S.C. § 460aa et seq., preclude the issuance of mill site patents, even though the patent applications for those sites were pending at the time of the enactment of the Act. We hold that the provisions of the Sawtooth National Recreation Area Act expressly preclude the issuance of any patents on protected land after the date of the Act’s passage. We further hold that a patent right does not vest upon the submission of a patent application if the Secretary of…