[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: 43CFR1864.1-2]



[Page 41-42]

 

                    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.  1864.1-2  Form of application.



    (a) No specific form of application is required.

    (b) A nonrefundable fee of $100 shall accompany the application.

    (c) Each application shall include:

    (1) A legal description of the lands for which a disclaimer is 

sought. The legal description shall be based on either an official 

United States public land survey or, in the absence of or 

inappropriateness (irregularly shaped tracts) of an offical public land 

survey, a metes and bounds survey (whenever practicable, tied to the 

nearest corner of an official public land survey), duly certified in 

accordance with State law, by the licensed civil engineer or surveyor 

who executed or supervised the execution of the metes and bounds survey. 

A true copy of the field notes and plat of survey shall be attached to 

and made a part of the application. If reliance is placed in whole or in 

part on an official United States public land survey, such survey shall 

be adequately identified for record retrieval purposes;

    (2) The applicant's name, mailing address, and telephone number and 

the names addresses and telephone numbers of others known or believed to 

have or claim an interest in the lands;

    (3) All documents which show to the satisfaction of the authorized 

officer the applicant's title to the lands;

    (4) As complete a statement as possible concerning:

    (i) The nature and extent of the cloud on the title, and

    (ii) The reasons the applicant believes:

    (A) The record title interest of the United States in the lands 

included in



[[Page 42]]



the application has terminated by operation of law or is otherwise 

invalid, including a copy or legal citation of relevant provisions of 

law; or

    (B) The lands between the meander line shown on the 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, 

including as documentation an official plat of survey or a reference to 

a date of filing or approval and, if the applicant elects, any non-

Federal survey plats related to the issue; or

    (C) The lands are accreted, relicted or avulsed and are no longer 

lands of the United States, including submission for the uplands portion 

of the body of water affected a copy of an official plat of survey or a 

reference to it by date of filing or approval and, if the applicant 

elects, any non-Federal survey plats related to the issue;

    (5) Any available documents or title evidence, such as historical 

and current maps, photographs, and water movement data, that support the 

application;

    (6) The name, mailing address, and telephone number of any known 

adverse claimant or occupant of the lands included in the application;

    (7) Any request the applicant may have that the disclaimer be issued 

in a particular form suitable for use in the jurisdiction in which it 

will be recorded; and

    (d) Based on prior discussions with the applicant, the authorized 

officer may waive any or all of the aforementioned items if in his/her 

opinion they are not needed to properly adjudicate that application.