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 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 ex- pended. (c) Construction as quit-claim deed from United States Issuance of a document of disclaimer by the Secretary pursuant to the provisions of this sec- tion 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.) § 1746. Correction of conveyance documents The Secretary may correct patents or docu- ments 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 docu- ments 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 juris- diction over, land administered by another Fed- eral agency shall be made only after consulta- tion with, and the approval of, the head of such other agency. (Pub. L. 94–579, title III, § 316, Oct. 21, 1976, 90 Stat. 2770; Pub. L. 108–7, div. F, title IV, § 411(e), Feb. 20, 2003, 117 Stat. 291.) Editorial Notes AMENDMENTS 2003—Pub. L. 108–7 inserted at end ‘‘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 agen- cy.’’ § 1747. Loans to States and political subdivisions; purposes; amounts; allocation; terms and conditions; interest rate; security; limita- tions; forebearance for benefit of borrowers; recordkeeping requirements; discrimination prohibited; deposit of receipts (1) The Secretary is authorized to make loans to States and their political subdivisions in order to relieve social or economic impacts oc- casioned by the development of minerals leased in such States pursuant to the Act of February 25, 1920, as amended [30 U.S.C. 181 et seq.]. Such loans shall be confined to the uses specified for the 50 per centum of mineral leasing revenues to be received by such States and subdivisions pur- suant to section 35 of such Act [30 U.S.C. 191]. (2) The total amount of loans outstanding pur- suant to this section for any State and political subdivisions thereof in any year shall be not more than the anticipated mineral leasing reve- nues to be received by that State pursuant to section 35 of the Act of February 25, 1920, as amended [30 U.S.C. 191], for the ten years fol- lowing. (3) The Secretary, after consultation with the Governors of the affected States, shall allocate such loans among the States and their political subdivisions in a fair and equitable manner, giv- ing priority to those States and subdivisions suf- fering the most severe impacts. (4) Loans made pursuant to this section shall be subject to such terms and conditions as the Secretary determines necessary to assure the achievement of the purpose of this section. The Secretary shall promulgate such regulations as may be necessary to carry out the provisions of this section no later than three months after August 20, 1978. (5) Loans made pursuant to this section shall bear interest equivalent to the lowest interest rate paid on an issue of at least $1,000,000 of tax exempt bonds of such State or any agency there- of within the preceding calendar year. (6) Any loan made pursuant to this section shall be secured only by a pledge of the revenues received by the State or the political subdivi- sion thereof pursuant to section 35 of the Act of February 25, 1920, as amended [30 U.S.C. 191], and shall not constitute an obligation upon the gen- eral property or taxing authority of such unit of government.