43 C.F.R. § 1865.0-5

Definitions

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As used in this subpart, the term:

(a) Authorized officer means any employee of the Bureau of Land Management to whom has been delegated the authority to perform the duties described in this subpart.

(b) Error means the inclusion of erroneous descriptions, terms, conditions, covenants, reservations, provisions and names or the omission of requisite descriptions, terms, conditions, covenants, reservations, provisions and names either in their entirety or in part, in a patent or document of conveyance as a result of factual error. This term is limited to mistakes of fact and not of law.

(c) Patents or other documents of conveyance means a land patent, a deed or some other similar instrument in the chain of title to realty that has been issued by the United States under laws administered by the Bureau of Land Management or its predecessors pertaining to the disposal of the public lands of the United States or of an interest therein. It also includes interim conveyances issued under the Alaska Native Claims Settlement Act, as amended (43 U.S.C. 1601 et seq.), and approvals and tentative approvals issued under the Act of July 7, 1958, as amended (72 Stat. 339).

(d) Lands mean lands or interest in lands.

Notes of Decisions

Cited in 1 case, 1991–1991 · leading case: Foust v. Lujan, 942 F.2d 712 (10th Cir. 1991).

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Foust v. Lujan, 942 F.2d 712 (10th Cir. 1991). · cites it 2× “Foust argues that the IBLA and district court ignored overwhelming evidence of this mutual mistake of fact.”

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