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1973 Interior Dec. (IBLA) 1 (1973)

handle is hein.amindian/ibla1973 and id is 1 raw text is: UNITED STATES V. ALARCO (fonmerly MENA MINING and EXPLORATION CO., INC.) IBLA 71-215 Decided January 10, 1973 Appeal fom a decision of Administrative Law Judge John R Rampton, Jr., declaring invalid the Mary Alice No. 3 lode mining claim for lack of discovery and finding the lands embrced by the claim to be nonmineml in character. Affirimed. 1. Mining Claims: Contests-Mining Claims: Detemiination of Validity To establish a prima facie case and to meet its burden of pmoof in a mining contest, the Government is required only to show by competent evidence that there has been no discovery of a valuable minera deposit 2. Administrative Procedune: Buiden of Pmoof-Mining Claims: Contests-Mining Claims: Discovery: Generally--Rules of Pmetice: Government Contests In a Government mining contest where the contestant has made a prima facie showing of a lack of discovery the burden of producing evidence of the existence of a valuable minerl deposit sufficient to support discovely is upon the claimants and where no evidence is introduced it is pmoper to declaie the claim null and void. APPEARANCES: Ernest E. Tabor, a co-owner ofALARCO, for contestee; Richard L. Fowler, Esq., Office of the Geneml Counsel, United States Department ofAgricultue, Albuquerque, New Mexico, for the Government OPINION BY MR HENRIQUES A contest was initiated at the request of the Forest Sevice, United States Depatiment of Agriculture, seeking to detemine the validity of the Mary Alice No. 3 lode mining claim situated in sec. 7, T. 19 N., R 1 E., NMP.M. A hearing was held on October 14, 1970, at which time the contestee did not appear. Prior to the commence- 9 IBLA 1

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