43 U.S.C. § 1745

Disclaimer of interest in lands

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(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.

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, § 315, Oct. 21, 1976, 90 Stat. 2770.)

Notes of Decisions

Cited in 5 cases, 1986–2016 · leading case: Joe Aulston & Lola Aulston v. United States of Am., & Shell W. E & P, Intervenors-Appellees, 915 F.2d 584 (10th Cir. 1990).

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Joe Aulston & Lola Aulston v. United States of Am., & Shell W. E & P, Intervenors-Appellees, 915 F.2d 584 (10th Cir. 1990). · cites it 2× “See 43 U.S.C. § 1745 (1982); 43 C.F.R. §§ 1864.”

N. New Mexicans Protecting Land Water & Rights v. United States, 161 F. Supp. 3d 1020 (D.N.M. 2016). · cites it 2× “To help resolve some of the lingering uncertainty, the Interior Department amended its existing regulations to implement FLPMA § 315, 43 U.S.C. § 1745 (a). See GAO Letter at 3.”

Aulston v. United States, 11 Cl. Ct. 58 (Ct. Cl. 1986). · cites it 3× “The Department suggested that plaintiffs file an application for a disclaimer of interest under 43 U.S.C. § 1745 (1982). That section authorizes the Interior Department to issue what amounts to a quitclaim deed whenever the Secretary determines that the United States has no…”

Joe Aulston & Lola Aulston v. The United States, 823 F.2d 510 (Fed. Cir. 1987). “This time, on January 9, 1984, appellants filed with the Department of the Interior an application for a disclaimer of interest under 43 U.S.C. § 1745 . Under that statute, if the Secretary of the Interior determines that the United States has no interest in certain lands, he…”

Wollan v. United States Dep't of the Interior, Bureau of Land Mgmt., 997 F. Supp. 1397 (D. Colo. 1998). “” 43 U.S.C. § 1745 . For similar reasons, the Act provided for the extinguishment, as a matter of law, of the stale or invalid claims of others in public lands.”

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