43 U.S.C. § 1746
Correction of conveyance documents
The Secretary may correct patents or documents of conveyance issued pursuant to section 1718 of this title or to other Acts relating to the disposal of public lands where necessary in order to eliminate errors. In addition, the Secretary may make corrections of errors in any documents of conveyance which have heretofore been issued by the Federal Government to dispose of public lands. Any corrections authorized by this section which affect the boundaries of, or jurisdiction over, land administered by another Federal agency shall be made only after consultation with, and the approval of, the head of such other agency.
Notes of Decisions
Cited in 8
cases (6 in the last 5 years), 1991–2026 · leading case: Foust v. Lujan, 942 F.2d 712 (10th Cir. 1991).
Foust v. Lujan, 942 F.2d 712 (10th Cir. 1991). “Plaintiff Oliver Foust applied, pursuant to § 316 of the Federal Land Policy and Management Act (FLPMA), 43 U.S.C. § 1746 , to correct an error in a land patent issued by the United States to Byron Smith, his predecessor in title.”
Shade v. United States Dep't of the Interior (D. Alaska 2021). “Defendant Chaney joins in the United States’ motion to dismiss and also raises a Rule 12(b)(6) argument that plaintiff has failed to state a claim for relief under 43 U.S.C. § 1746 . Discussion “A Rule 12(b)(1) jurisdictional attack may be facial or factual.”
Shade v. United States Dep't of the Interior (D. Alaska 2023). “]’”60 The IBIA further explained that “to the extent the Department is authorized to issue a corrected patent under section 316 of FLPMA, 43 U.S.C. § 1746 , the authority to do so rests with BLM, not BIA, and would require Chaney’s consent.”
Shade (D. Alaska 2026). “The Federal Land Policy and Management Act of 1976 (FLPMA), 43 U.S.C. § 1746 , provides that “[t]he Secretary may correct patents or documents of conveyance issued pursuant to section 1718 of this Title or to other Acts relating to the disposal of public lands where necessary in…”
Shade v. United States Dep't of the Interior (D. Alaska 2022). “That breach of trust duty could also be remedied by a determination in the course of APA review proceedings that the federal defendants have misinterpreted 43 U.S.C. § 1746 . For the present, the court leaves open the question presented by plaintiff’s Count II(d): is 43 U.”
Shade v. United States Dep't of the Interior (D. Alaska 2022). “The motion was denied as to plaintiff’s Counts II(a) and (d), which were APA claims based on plaintiff’s allegation that the Secretary erred in determining the extent of her 43 U.”
Shade v. United States Dep't of the Interior (D. Alaska 2023). “20 The motion was otherwise granted, and plaintiff’s other claims were dismissed as “foreclosed by the Indian lands exception to the” Quiet Title Act.21 Plaintiff was given leave to amend his complaint, and on September 30, 2021, plaintiff filed his second amended complaint.”
Kelley v. Est. of Rivera (N.M. Ct. App. 2019). “” 43 U.S.C. § 1746 (2018). At the time IBLA made its decision, Lot 10, which included the subject property, was owned by the United States Forest Service, an agency within the Department of Agriculture, not the Department of Interior.”
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