IKUTA, Circuit Judge:
This appeal raises the question whether an individual seeking access to his state mining claims over real property owned by the federal government and third parties can bring an action asserting a right-of-way over such real property. We conclude that Mills's claims against the federal government are barred by sovereign immunity, but that the district court erred in concluding that his claims against Doyon Limited and Hungwitchin Corporation were barred by principles of prudential standing. We therefore affirm in part and reverse in part the district court's dismissal of this action.
Carey Mills has an ownership interest in two state mining claims on state-owned land. According to Mills, "the only economically feasible and environmental[ly]
Alaska has enacted legislation asserting it has a right-of-way to the Fortymile Trail under a federal statute commonly referred to as R.S. 2477, which had been codified at 43 U.S.C. § 932 but was repealed in 1976. See 43 U.S.C. § 932 (repealed 1976). R.S. 2477 stated that "[t]he right of way for the construction of highways over public lands, not reserved for public uses, is granted." Id. R.S. 2477 has been construed as presenting a free right-of-way "`which takes effect as soon as it is accepted by the State.'" Lyon v. Gila River Indian Cmty., 626 F.3d 1059, 1077 (9th Cir.2010) (quoting Wilderness Soc'y v. Morton, 479 F.2d 842, 882 (D.C.Cir.1973)).
The defendants in this action have varying property interests in the land crossed by the Trail. First, the Trail crosses federal land that is subject to 15 unpatented federal mining claims owned by Scott Wood.
Mills first attempted to obtain access to the Fortymile Trail administratively by filing an application with the BLM. In November 2009, Mills applied to the BLM for a right-of-way for the construction, maintenance, and use of an access road from Taylor Highway to his mining claim across the land subject to Wood's unpatented mining claims. The BLM denied this application on the ground that it lacked the authority to approve a right-of-way, and its decision was upheld on administrative appeal. Mills subsequently asked the BLM to amend the conveyances to Doyon and Hungwitchin to include a reservation of an
In April 2010, in response to Mills's inquiry, the State confirmed that it was the owner of the right-of-way to the Fortymile Trail.
In November 2010, Mills, proceeding pro se, filed this action raising numerous claims against the federal government, Wood, Doyon, and Hungwitchin on the ground that he was entitled to use the Trail for access to his state mining claims. Mills sought a declaration that he is entitled to a right-of-way to access his state mining claims on the Fortymile Trail both under R.S. 2477 and because he has an easement by implication or necessity, and that the real property interests claimed by Wood, Doyon, and Hungwitchin (collectively, the non-federal defendants) are subject to this right-of-way.
In considering Mills's claims, the district court concluded that legal title to any R.S. 2477 right-of-way was vested in Alaska. Accordingly, the court held that Mills had no independent property interest in the Fortymile Trail and instead was merely attempting to enforce the rights of Alaska. Because the state was not a party to the suit, but was "the party in the best position to assert its own rights," the district court tentatively granted Mills's motion to join Alaska as a party. After Alaska objected, both under the Eleventh Amendment and because it had not yet decided whether to file a quiet title action against the federal government to confirm the state's title to the Fortymile Trail right-of-way, the district court dismissed Mills's joinder motion.
After allowing Mills to amend his complaint twice, the district court dismissed Mills's claims against all defendants. As relevant here, the district court dismissed certain claims against Hungwitchin and Doyon on the ground that Mills lacked prudential standing to bring an action seeking to establish a right-of-way under R.S. 2477. Further, the district court dismissed certain claims against the United States pursuant to Rule 12(b)(1) of the Federal Rules of Civil Procedure on sovereign immunity grounds. Finally, the district court dismissed Mills's claim that he was entitled to a right-of-way under a provision of the General Mining Law, 30 U.S.C. § 41.
We review de novo a district court's grant of a motion to dismiss for lack of subject matter jurisdiction under Rule 12(b)(1) of the Federal Rules of Civil Procedure. Viewtech, Inc. v. United States, 653 F.3d 1102, 1103-04 (9th Cir. 2011). Suits against the government are barred for lack of subject matter jurisdiction unless the government expressly and unequivocally waives its sovereign immunity. Fed. Deposit Ins. Corp. v. Meyer, 510 U.S. 471, 475, 114 S.Ct. 996, 127 L.Ed.2d
The Quiet Title Act (QTA), 28 U.S.C. § 2409a, allows a plaintiff to name the United States as a defendant in a civil action "to adjudicate a disputed title to real property in which the United States claims an interest."
In construing the scope of the QTA's waiver, we have read narrowly the requirement that the title at issue be "disputed." See Alaska v. United States, 201 F.3d 1154, 1164-65 (9th Cir.2000). For a title to be disputed for purposes of the QTA, the United States must have adopted a position in conflict with a third party regarding that title. See id. In Alaska v. United States, we held that the title to a riverbed underlying the Black River was not disputed because the government had not expressly asserted a claim with respect to that real property. See id. Even though the United States did not disclaim its interest to the riverbed, and reserved the right to make a claim to the riverbed in the future, we reasoned that "whatever dispute there may be, it has not yet occurred," and concluded that "[a] title cannot be said to be `disputed' by the United States if it has never disputed it." Id. at 1165. Because the title to the riverbed was not disputed for purposes of the QTA, we remanded for the district court to dismiss the claim for lack of subject matter jurisdiction. Id.
As in Alaska v. United States, here the United States does not expressly dispute the existence of an R.S. 2477 right-of-way for the Fortymile Trail. The BLM stated only that the United States lacked the authority to make a determination as to the existence of an R.S. 2477 right-of-way. Nor has the United States taken an action that implicitly disputes the Fortymile Trail right-of-way. Although Mills's complaint alleges that a BLM employee denied him access to the Fortymile Trail, this isolated allegation is insufficient to
Because the United States does not currently dispute the existence of an R.S. 2477 right-of-way over the Fortymile Trail, Mills's action does not meet the QTA's requirement that title "be disputed." The QTA's waiver of sovereign immunity is therefore inapplicable to this case. In the absence of such a waiver, the district court lacked jurisdiction to hear Mills's claims against the United States under the QTA. Because Mills does not claim any other basis for a waiver of sovereign immunity, the district court did not err in dismissing this claim.
We next consider the district court's conclusion that Mills lacked prudential standing to bring his action against Hungwitchin and Doyon. We review this ruling de novo. La Asociacion de Trabajadores de Lake Forest v. City of Lake Forest, 624 F.3d 1083, 1087 (9th Cir.2010).
Prudential standing is "not compelled by the language of the Constitution." Valley Forge Christian Coll. v. Ams. United for Separation of Church & State, Inc., 454 U.S. 464, 471, 474-75, 102 S.Ct. 752, 70 L.Ed.2d 700 (1982). Rather, rules of prudential standing are "flexible rule[s]" applied to ensure the "concrete adverseness which sharpens the presentation of issues upon which ... court[s] so largely depend[] for illumination of difficult constitutional questions." United States v. Windsor, ___ U.S. ___, 133 S.Ct. 2675, 2686-87, 186 L.Ed.2d 808 (2013) (internal quotation marks and citations omitted). Among other requirements, "`the plaintiff generally must assert his own legal rights and interests, and cannot rest his claim to relief on the legal rights or interests of third parties.'" Valley Forge, 454 U.S. at 474, 102 S.Ct. 752 (quoting Warth v. Seldin, 422 U.S. 490, 499, 95 S.Ct. 2197, 45 L.Ed.2d 343 (1975)).
Here, Mills asserts both his own interest in the Fortymile Trail, claiming that he "has an easement by `necessity' and/or by `implication' over the R.S. 2477 rights-of-way," and also alleges that he may assert Alaska's title to the R.S. 2477 route (either as a member of the public or as a private attorney general).
We have previously considered plaintiffs' claims that they were entitled to an easement or right-of-way over an R.S. 2477 road to access real property they owned. In Adams, we considered the landowners' claim to an easement over an R.S. 2477 right-of-way that connected two noncontiguous tracts of land which they owned within a national forest. 3 F.3d at 1255. We explained that "[t]o establish an easement, the [landowners] must show that the road in question was built before the surrounding land lost its public character." Id. at 1258. We denied the landowners an easement over the road pursuant to R.S. 2477, but only because the district court had found that the road at issue was no longer in the same location as the historical road. Id.; see also Schultz v. Dep't of Army, 96 F.3d 1222, 1223 (9th Cir.1996) (considering and rejecting a landowner's claim to a right-of-way across federal property to access his own property under R.S. 2477 or state common law).
We have also determined that a landowner has standing to seek a right of access over an R.S. 2477 right-of-way to access his landlocked property. See Lyon, 626 F.3d at 1076-77. In Lyon, the trustee of a bankruptcy estate sought a right-of-way over two R.S. 2477 roads to access real property surrounded by Indian reservation lands. Id. at 1066-67. The tribe argued that the trustee could not bring such a claim for two reasons: the claim had to be brought as a quiet title action against the federal government, and the trustee lacked Article III standing "to assert the public's collective right to use a road under R.S. 2477." Id. at 1076. We rejected both arguments. First, we held that because the trustee "seeks only a declaration against the [tribe] that he has legal access" to the property, and such a declaration does not bind the United States, the trustee did not have to proceed under the QTA. Id. Second, we held that the trustee had Article III standing to bring this claim. We reasoned the trustee had a sufficiently particularized interest in seeking a declaration that he could use the R.S. 2477 route to access the landlocked property, because absent such a declaration, the trustee could be exposed to liability for trespass. Id. at 1076-77.
Although neither Adams nor Lyon expressly addressed prudential standing, they both implicitly adopted the common sense view that landowners seeking a right-of-way for access to their own property have a sufficiently individualized and personal interest in bringing suit, and are not attempting to raise rights belonging to
Accordingly, we conclude that the flexible prudential standing doctrine does not bar a legal action by landowners asserting an interest in accessing their own property over an alleged R.S. 2477 route.
Here, Mills brings precisely that sort of claim: he seeks a declaration that he may use a right-of-way over private property to access his own property interests. If successful, Mills's suit would prevent Doyon, Hungwitchin and Wood from barring Mills's access or suing him for trespass, but would not be binding on the federal government. Nor would it place additional burdens on Alaska, as Doyon argues. Alaska has already stated in a statute that it "claims, occupies, and possesses" the R.S. 2477 right-of-way in the Fortymile Trail, Alaska Stat. § 19.30.400(a), (d), and Doyon does not explain why Alaska would have any additional maintenance obligations if Mills succeeded on the merits of his action.
Because Mills asserts his own right to use the Fortymile Trail to access his state mining claims, his action may not be dismissed on prudential standing grounds. Accordingly, we need not consider Mills's claim that he could assert the rights of Alaska to the Fortymile Trail either as a member of the public or as a private attorney general. We therefore reverse the district court's dismissal of Mills's claims against Woods,
The district court correctly dismissed Mills's claim that he was entitled to a right-of-way over the property subject to Wood's federal unpatented mining claims under 30 U.S.C. § 41. By its terms, this section is limited to providing a procedure for reconciling two competing mining interests in veins of ore. Thus "[w]here two or more veins intersect or cross each other, priority of title shall govern," but the
Each party shall bear its own costs on appeal.