43 C.F.R. Subpart 1865—Correction of Conveyancing Documents
Title 43 - Public Lands: Interior
Source: 49 FR 35299, Sept. 6, 1984, unless otherwise noted.
The purpose of these regulations is to implement section 316 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1746), which affords to the Secretary of the Interior discretionary authority to correct errors in patents and other documents of conveyance pertaining to the disposal of the public lands of the United States under laws administered through the Bureau of Land Management or its predecessors. The objective of a correction document is to eliminate from the chain of title errors in patents or other documents of conveyance that have been issued by the United States under laws administered by the Bureau of Land Management or its predecessors and that pertain to the disposal of the public lands or of an interest therein. Section 316 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1746) authorizes the Secretary of the Interior to correct patents and other documents of conveyance issued at any time pursuant to the laws relating to the disposal of the public lands where the Secretary of the Interior deems it necessary or appropriate to do so in order to eliminate errors. 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.
Title 43: Public Lands: Interior
PART 1860—CONVEYANCES, DISCLAIMERS AND CORRECTION DOCUMENTS
Subpart 1865—Correction of Conveyancing Documents
§ 1865.0-1 Purpose.
§ 1865.0-2 Objective.
§ 1865.0-3 Authority.
§ 1865.0-5 Definitions.
§ 1865.1 Application for correction of conveyancing documents.
§ 1865.1-1 Filing of application.
(a) Any claimant asserting ownership of lands described in and based upon a patent or other document of conveyance containing an alleged error may file an application to correct the alleged error.
(b) An application shall be filed in writing with the proper Bureau of Land Management office as listed in §1821.2–1(d) of this title.
§ 1865.1-2 Form of application.
(a) No specific form of application is required.
(b) A non-refundable fee of $100 shall accompany the application.
(c) Each application shall include:
(1) The name, mailing address, and telephone number of the applicant and any others known to the applicant that hold or purport to hold any title or other interest in, lien on or claim to the lands described in the patent or other document of conveyance containing the alleged error as to which the corrective action is requested, and if the error involves a misdescription, the land that would be affected by the corrective action requested;
(2) All documents which show the applicant's title to the lands included in the application;
(3) A certified copy of any patent or other document conveying any lands included in the application to the applicant or predecessor(s) in interest; and
(4) As complete a statement as possible concerning:
(i) The nature and extent of the error;
(ii) The manner in which the error can be corrected or eliminated; and
(iii) The form in which it is recommended the corrected patent or document of conveyance be issued.
§ 1865.1-3 Action on application.
The authorized officer, upon review of the factual data and information submitted with the application, and upon a finding that an error was made in the patent or document of conveyance and that the requested relief is warranted and appropriate, shall give written notification to the applicant and make a reasonable effort to give written notification to any others known to have or believed to have or claim an interest in the lands that a corrected patent or document of conveyance shall be issued. The notification shall include a description of how the error is to be corrected or eliminated in the patent or document of conveyance. The notice shall require the applicant to surrender the original patent or other document of conveyance to be corrected. Where such original document is unavailable, a statement setting forth the reasons for its unavailability shall be submitted in lieu of the original document. The notice may include a requirement for quitclaiming to the United States the lands erroneously included, and shall specify any terms and conditions required for the quitclaim.
§ 1865.2 Issuance of corrected patent or document of conveyance.
Upon the authorized officer's determination that all of the requirements of the Act for issuance of a corrected patent or document of conveyance have been met, the authorized officer shall issue a corrected patent or document of conveyance.
§ 1865.3 Issuance of patent or document of conveyance on motion of authorized officer.
The authorized officer may initiate and make corrections in patents or other documents of conveyance on his/her own motion, if all existing owners agree.
§ 1865.4 Appeals.
An applicant or claimant adversely affected by a decision of the authorized officer made pursuant to the provisions of this subpart shall have a right of appeal pursuant to 43 CFR part 4.
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