[Code of Federal Regulations]

[Title 43, Volume 2]

[Revised as of October 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 43CFR1864.0-2]



[Page 40]

 

                    TITLE 43--PUBLIC LANDS: INTERIOR

 

    CHAPTER II--BUREAU OF LAND MANAGEMENT, DEPARTMENT OF THE INTERIOR

 

PART 1860_CONVEYANCES, DISCLAIMERS AND CORRECTION DOCUMENTS

--Table of Contents

 

         Subpart 1864_Recordable Disclaimers of Interest in Land

 

Sec.  1864.0-2  Objectives.



    (a) The objective of the disclaimer is to eliminate the necessity 

for court action or private legislation in those instances where the 

United States asserts no ownership or record interest, based upon a 

determination by the Secretary of the Interior that there is a cloud on 

the title to the lands, attributable to the United States, and that:

    (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 of Land Management 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) A disclaimer has the same effect as a quitclaim deed in that it 

operates to estop the United States from asserting a claim to an 

interest in or the ownership of lands that are being disclaimed. 

However, a disclaimer does not grant, convey, transfer, remise, 

quitclaim, release or renounce any title or interest in lands, nor does 

it operate to release or discharge any tax, judgement or other lien, or 

any other mortgage, deed or trust or other security interest in lands 

that are held by or for the benefit of the United States or any 

instrumentality of the United States.

    (c) The regulations in this subpart do not apply to any disclaimer, 

release, quitclaim or other similar instrument or declaration, that may 

be issued pursuant to any provision of law other than section 315 of the 

Federal Land Policy and Management Act of 1976 (43 U.S.C. 1745).