BedRoc Limited, LLC v. United States

541 U.S. 176, 124 S. Ct. 1587, 158 L. Ed. 2d 338, 2004 U.S. LEXIS 2549
CourtSupreme Court of the United States
DecidedMarch 31, 2004
Docket02-1593
StatusPublished
Cited by536 cases

This text of 541 U.S. 176 (BedRoc Limited, LLC v. United States) is published on Counsel Stack Legal Research, covering Supreme Court of the United States primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
BedRoc Limited, LLC v. United States, 541 U.S. 176, 124 S. Ct. 1587, 158 L. Ed. 2d 338, 2004 U.S. LEXIS 2549 (2004).

Opinions

Chief Justice Rehnquist

announced the judgment of the Court and delivered an opinion, in which Justice O’Con-nor, Justice Scalia, and Justice Kennedy join.

The question here is whether sand and gravel are “valuable minerals” reserved to the United States in land grants issued under the Pittman Underground Water Act of 1919 (Pittman Act or Act), ch. 77, 41 Stat. 293. We hold they are not.

Beginning with the Homestead Act of 1862, ch. 75,12 Stat. 392, and stretching into the early 20th century, Congress enacted a series of land-grant statutes aimed at settling the American frontier. One of these was the Pittman Act. That Act sought to succeed where earlier homestead laws had failed: promoting development and population growth in the State of Nevada. H. R. Rep. No. 286, 66th Cong., 1st [179]*179Sess., 2 (1919).1 It was thought that Nevada’s lack of surface water resources was hindering its agricultural progress. Ibid. After rejecting various proposals to directly fund exploration for underground water, Congress enacted the Pittman Act to encourage private citizens to prospect for water in Nevada. Id., at 1.

Nevada lies in the heart of the Great Basin, that part of the United States lying roughly between the Sierra Nevada Range on the west and the Wasatch and other mountain ranges on the east. The western face of the Sierra Nevada blocks rain-bearing winds off the Pacific Ocean from reaching the Great Basin, forming a rain shadow over the entire region. Nevada has, on the average, less precipitation than any other State in the Union. This is one reason why most of its rivers, instead of eventually flowing into the sea, disappear into “sinks.” 5 The New Encyclopaedia Britannica 442 (15th ed. 1985); Department of Agriculture Yearbook, Climate and Man 987-988 (1941) (cited in Nevada v. United States, 463 U. S. 110, 114 (1983)).

The Pittman Act authorized the Secretary of the Interior to designate certain “nonmineral” lands2 in Nevada, on which settlers could obtain permits to drill for water. §§1-2, 41 Stat. 293-294. Any settler who could demonstrate successful irrigation of at least 20 acres of crops was eligible for a land grant, or patent, of up to 640 acres. § 5, id., at 294. Of central importance here, each patent issued under the Act was required to contain “a reservation to the United States of all the coal and other valuable minerals in the lands ..., together with the right to prospect for, mine, .and remove the same.” §8, id., at 295. By virtue of this [180]*180reservation, the United States was free to dispose of the “coal and other valuable mineral deposits in such lands” in accordance with “the provisions of the coal and mineral land laws in force at the time of such disposal.” Ibid.

The Pittman Act failed to significantly advance agricultural development in Nevada, S. Rep. No. 1282, 88th Cong., 2d Sess., 1 (1964), and Congress repealed it in 1964, Pub. L. 88-417, 78 Stat. 389. The repealing legislation, however, expressly reserved the rights of existing patentees. Ibid.

Two such patentees, Newton and Mabel Butler, were the predecessors-in-interest of the petitioners in this case. In 1940, the Butlers obtained a patent for 560 acres of land in Lincoln County, some 65 miles north of Las Vegas. As required by the Act, the patent reserved the “coal and other valuable minerals” to the United States. Common sand and gravel were plentiful and visible on the surface of the Butlers’ land, but there was no commercial market for them due to Nevada’s sparse population and the land’s remote location. App. 10, 11.

Earl Williams acquired the Butler property in 1993. By that time, the expansion of Las Vegas had created a commercial market for the sand and gravel on the land. Shortly after Williams began extracting the sand and gravel, however, the Bureau of Land Management (BLM) served him with trespass notices pursuant to 43 CFR § 9239.0-7 (1993) (providing that any unauthorized removal of “mineral materials” from public lands is “an act of trespass”). When Williams challenged the notices, the BLM ruled that by removing sand and gravel Williams had trespassed against the Government’s reserved interest in the “valuable minerals” on the property. The Interior Board of Land Appeals affirmed that decision. Earl Williams, 140 I. B. L. A. 295 (1997). Meanwhile, petitioner BedRoc Limited, LLC (BedRoc), acquired the Butler property from Williams in 1995.3 [181]*181BedRoc continued to remove sand and gravel under an interim agreement with the Department of the Interior, pending final resolution of the ownership dispute.

Petitioners filed an action in the United States District Court seeking to quiet title to the sand and gravel on the Butler property. The District Court granted summary judgment to the Government, holding that the contested sand and gravel are “valuable minerals” reserved to the United States by the Pittman Act. 50 F. Supp. 2d 1001 (Nev. 1999). The United States Court of Appeals for the Ninth Circuit affirmed, relying primarily on the legislative history of the Pittman Act and our decision in Watt v. Western Nuclear, Inc., 462 U. S. 36 (1983). 314 F. 3d 1080 (2002). We granted certiorari, 539 U. S. 986 (2003), and now reverse.

In Western Nuclear, supra, we construed the mineral reservation in the Stock-Raising Homestead Act of 1916 (SRHA), 39 Stat. 862, 43 U. S. C. §291 et seq. — “the most important . . . land-grant statutfe] enacted in the early 1900’s.” 462 U. S., at 47. Unlike the Pittman Act, the SRHA was not limited to Nevada; it applied to any “public lands” the Secretary of the Interior designated as “ 'stock-raising lands.’” 43 U. S. C. §291 (1976 ed.) (repealed by Pub. L. 94-579, 90 Stat. 2787). A person could obtain a patent under the SRHA if he resided on stockraising lands for three years, §291, and “ma[de] permanent improvements upon the land ... tending to increase the value of the [land] for stock-raising purposes,” §293 (repealed by Pub. L. 94-579, 90 Stat. 2787). The SRHA’s mineral reservation was identical to the Pittman Act’s in every respect, save one: Whereas the SRHA reserved to the United States “all the coal and other minerals,” §299 (2000 ed.), the Pittman Act reserved “all the coal and other valuable minerals,” §8, 41 Stat. 295 (emphasis added).

The question before us in Western Nuclear was “whether gravel found on lands patented under the [SRHA] is a mineral reserved to the United States.” 462 U. S., at 38. A [182]*182closely divided Court held that it is. Id., at 60. After determining that “neither the dictionary nor the legal understanding of the term ‘minerals’ that prevailed in 1916 sheds much light on the question before us,” we turned to the purpose and history of the SRHA. Id., at 46-47.

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Cite This Page — Counsel Stack

Bluebook (online)
541 U.S. 176, 124 S. Ct. 1587, 158 L. Ed. 2d 338, 2004 U.S. LEXIS 2549, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bedroc-limited-llc-v-united-states-scotus-2004.