New West Materials LLC v. Interior Board of Land Appeals

The central issue in this appeal is the meaning and scope of a mineral reservation in a patent granted under the Small Tract Act (“STA”). 43 U.S.C. § 682a (1970). * Specifically, the question before us is whether sand and gravel are included in the reservation of “the oil, gas and all other mineral deposits” contained in a land patent issued pursuant to the STA. The Bureau of Land Management (“BLM”) concluded that sand and gravel fall within this mineral reservation and issued appellants, New West Materials (“New West”), a notice of trespass. Appellants appealed the BLM’s notice to the…