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STATE OF OR. v. BUREAU OF LAND MANAGEMENT

No. 87-4096.

876 F.2d 1419 (1989)

STATE OF OREGON, By and Through the DIVISION OF STATE LANDS, Plaintiff-Appellant, v. The BUREAU OF LAND MANAGEMENT, DEPARTMENT OF THE INTERIOR, UNITED STATES of America, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided June 7, 1989.

As Amended June 30 and July 31, 1989.

Attorney(s) appearing for the Case

Robert W. Muir, Michael D. Reynolds, Dept. of Justice, State of Or., Salem, Or., for plaintiff-appellant.

Dirk D. Snel, Dept. of Justice, Land & Natural Resources Div., Washington, D.C., for defendant-appellee.

James R. Parker, Jr., Kuhs & Parker, Bakersfield, Cal., for Amicus Curiae, California Land Title Ass'n, Oregon Land Title Ass'n and Washington Land Title Ass'n.

Before BROWNING, TANG and FARRIS, Circuit Judges.

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...

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