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43 U.S.C. § 1746 — Correction of conveyance documents

Federal law — U.S. Code and appendices · legal_authorities

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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-section1718&num=0&edition=prelim) 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.

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Source file: Laws/federal/codes/united-states-code/title-43/section-1746-correction-of-conveyance-documents--806abfdb55.md
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Source location: Title 43, Chapter 35, § 1746; chapter-035-federal-land-policy-and-management.md

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Federal law — U.S. Code and appendices · legal_authorities

43 U.S.C. § 1718 — Documents of conveyance; terms, covenants, etc.

The Secretary shall issue all patents or other documents of conveyance after any disposal authorized by this Act. The Secretary shall insert in any such patent or other document of conveyance he issues, except in the case of land exchanges, for which the provisions of sub[section 1716(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-section1716/b&num=0&edition=prelim) shall apply, such terms, covenants, conditions, and reservations as he deems necessary to insure proper land use and protection of the public interest: Provided, That a conveyance of lands by the Secretary, subject to such terms, covenants, conditions, and reservations, shall not exempt the grantee from compliance with applicable Federal or State law or State land use plans: Provided further, That the Secretary shall not make conveyances of public lands containing terms and conditions which would, at the time of the conveyance, constitute a violation of any law or regulation pursuant to State and local land use plans, or programs.

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Federal law — U.S. Code and appendices · legal_authorities

16 U.S.C. § 539m — Findings and purposes

**(a) Findings** Congress finds that— (1) in 1748, the Pueblo of Sandia received a grant from a representative of the King of Spain, which grant was recognized and confirmed by Congress in 1858 (11 Stat. 374); and (2) in 1994, the Pueblo filed a civil action against the Secretary of the Interior and the Secretary of Agriculture in the United States District Court for the District of Columbia (Civil No. 1:94CV02624), asserting that Federal surveys of the grant boundaries erroneously excluded certain land within the Cibola National Forest, including a portion of the Sandia Mountain Wilderness. **(b) Purposes** The purposes of sections 539m to 539m–12 of this title are— (1) to establish the T’uf Shur Bien Preservation Trust Area in the Cibola National Forest; (2) to confirm the status of national forest land and wilderness land in the Area while resolving issues associated with the civil action referred to in subsection (a)(2) and the opinions of the Solicitor of the Department of the Interior dated December 9, 1988 (M–36963; 96 I.D. 331) and January 19, 2001 (M–37002); and (3) to provide the Pueblo, the parties to the civil action, and the public with a fair and just settlement of the Pueblo’s claim.

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Federal law — U.S. Code and appendices · legal_authorities

16 U.S.C. § 539m–9 — Construction

**(a) Strict construction** Sections 539m to 539m–12 of this title recognize only enumerated rights and interests, and no additional rights, interests, obligations, or duties shall be created by implication. **(b) Existing rights** To the extent there exist within the Area as of February 20, 2003, any valid private property rights associated with private land that are not otherwise addressed in sections 539m to 539m–12 of this title, such rights are not modified or otherwise affected by sections 539m to 539m–12 of this title, nor is the exercise of any such right subject to the Pueblo’s right to withhold consent to new uses in the Area as set forth in [section 539m–3(a)(3)(A) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section539m–3/a/3/A&num=0&edition=prelim). **(c) Not precedent** The provisions of sections 539m to 539m–12 of this title creating certain rights and interests in the National Forest System are uniquely suited to resolve the Pueblo’s claim and the geographic and societal situation involved, and shall not be construed as precedent for any other situation involving management of the National Forest System. **(d) Fish and wildlife** Except as provided in [section 539m–6(b)(2)(B) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section539m–6/b/2/B&num=0&edition=prelim), nothing in sections 539m to 539m–12 of this title shall be construed as affecting the responsibilities of the State of New Mexico with respect to fish and wildlife, including the regulation of hunting, fishing, or trapping within the Area.

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Federal law — U.S. Code and appendices · legal_authorities

43 U.S.C. § 1746 — Correction of conveyance documents

Page 554 TITLE 43—PUBLIC LANDS § 1745 owner; but it shall not be considered a failure to file if the instrument is defective or not timely filed for record under other Federal laws permit- ting filing or recording thereof, or if the instru- ment is filed for record by or on behalf of some but not all of the owners of the mining claim or mill or tunnel site. (d) Validity of claims, waiver of assessment, etc., as unaffected Such recordation or application by itself shall not render valid any claim which would not be otherwise valid under applicable law. Nothing in this section shall be construed as a waiver of the assessment and other requirements of such law. (Pub. L. 94–579, title III, § 314, Oct. 21, 1976, 90 Stat. 2769.) § 1745. Disclaimer of interest in lands (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 recorda- tion, where the disclaimer will help remove a cloud on the title of such lands and where he de- termines (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 prede- cessors 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 pur- suant to this section unless the applicant there- for has filed with the Secretary an application in writing and notice of such application setting forth the grounds supporting such application h

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