Title 43 — Public LandsRelease 119-73

§1745 Disclaimer of interest in lands

Title 43 › Chapter CHAPTER 35— - FEDERAL LAND POLICY AND MANAGEMENT › Subchapter SUBCHAPTER III— - ADMINISTRATION › § 1745

Last updated Apr 6, 2026|Official source

Summary

The Secretary may record a written disclaimer, after consulting affected agencies, to remove the U.S. claim to land when he finds one of three things: the U.S. record interest ended or is invalid; land between a survey meander line and the shoreline is not U.S. land; or land formed or changed by water is not U.S. land. An applicant must file a written request, have a notice published in the Federal Register at least 90 days before the disclaimer is issued, and pay administrative costs set by the Secretary. Those fees go to the current federal appropriation. The disclaimer is treated as the U.S. giving up its claim.

Full Legal Text

Title 43, §1745

Public Lands — Source: USLM XML via OLRC

(a)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)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)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.

Reference

Citations & Metadata

Citation

43 U.S.C. § 1745

Title 43 — Public Lands

Last Updated

Apr 6, 2026

Release point: 119-73