§ 1745. — Disclaimer of interest in lands.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 43USC1745]
TITLE 43--PUBLIC LANDS
CHAPTER 35--FEDERAL LAND POLICY AND MANAGEMENT
SUBCHAPTER III--ADMINISTRATION
Sec. 1745. Disclaimer of interest in lands
(a) Issuance of recordable document; criteria
After consulting with any affected Federal agency, the Secretary is
authorized to issue a document of disclaimer of interest or interests in
any lands in any form suitable for recordation, where the disclaimer
will help remove a cloud on the title of such lands and where he
determines (1) a record interest of the United States in lands has
terminated by operation of law or is otherwise invalid; or (2) the lands
lying between the meander line shown on a plat of survey approved by the
Bureau or its predecessors and the actual shoreline of a body of water
are not lands of the United States; or (3) accreted, relicted, or
avulsed lands are not lands of the United States.
(b) Procedures applicable
No document or disclaimer shall be issued pursuant to this section
unless the applicant therefor has filed with the Secretary an
application in writing and notice of such application setting forth the
grounds supporting such application has been published in the Federal
Register at least ninety days preceding the issuance of such disclaimer
and until the applicant therefor has paid to the Secretary the
administrative costs of issuing the disclaimer as determined by the
Secretary. All receipts shall be deposited to the then-current
appropriation from which expended.
(c) Construction as quit-claim deed from United States
Issuance of a document of disclaimer by the Secretary pursuant to
the provisions of this section and regulations promulgated hereunder
shall have the same effect as a quit-claim deed from the United States.
(Pub. L. 94-579, title III, Sec. 315, Oct. 21, 1976, 90 Stat. 2770.)
