The Surveyor and the Next Edition of the Manual of Surveying Instructions Presented by: Bob Dahl, Cadastral Surveyor BLM Lands and Realty Group Washington, D.C. Oregon Institute of Technology and Bureau of Land Management Workshop Klamath Falls, OR - September 24, 2004

Cadastral Presence At the DOI level – BLM is 1 of 15 Bureaus and Offices Within BLM – Cadastral is one of nearly 60 programs

President’s Management Agenda Capitol Hill – Legislative Processes, Presidential Management Agenda’s & Initiatives, Executive Orders Bureaucratic processes, political agendas, DOI/BLM vision and mission Secretary’s 4C’s - Conservation through Cooperation, Communication, and Consultation

What is the Manual of Instructions for the Survey of the Public Lands of the United States? (Manual)

Who is affected by the Manual?

OREGON REVISED STATUTES Title 10. Property Rights and Transactions Chapter 105. Property Rights Action to Establish Boundary ORS § Procedure for determining location of public land survey corner. Shall establish and monument the true location of the corner in accordance with the current Manual

OREGON REVISED STATUTES Title 20. Counties and County Officers Chapter 209. County Surveyors ORS § Duties in respect to surveys. The county surveyor shall: (4) Make all surveys of legal subdivisions with reference to the current Manual. ORS § (1). RPLS shall comply with ORS (4).

OREGON REVISED STATUTES Title 20. Counties and County Officers Chapter 209. County Surveyors ORS § Resurvey of government- surveyed lands. County Surveyor or RPLS shall observe the following rules: (1) Original corners approved by BLM must stand (2) They must be reestablished at identical spot (3) They must be reestablished with reference to current Manual current Manual

COURT OF APPEALS OF OREGON Voelz v. Board of Engineering Examiners, 586 P.2d 807 (1978); Petitions for Review Denied by Supreme Court, 590 P.2d 235 (1979) 1) Procedures for the resurvey of the PLSS must follow Manual 2) A complete disregard for ORS and the BLM Manual of Surveying Instructions and the property rights of other individuals constitutes gross negligence

COURT OF APPEALS OF OREGON Hambleton v. Board of Engineering Examiners, 594 P2d 416 (1979) Board found petitioner used procedures that were contrary to BLM Manual: 1) Petitioner’s wilful indifference to the standards and procedures is gross negligence 2) Petitioner’s failure to conduct surveys in accordance with the Manual demonstrates incompetence

UNITED STATES CODE Title 43 Public Lands § 2 The Secretary of the Interior or such officer as he may designate (BLM) shall perform all executive duties appertaining to the surveying and sale of the public lands of the United States

UNITED STATES CODE Title 25 Indians § 176 Whenever it becomes necessary to survey any Indian lands, the same shall be surveyed under the direction and control of the BLM And as nearly as may be in conformity to the rules and regulations under which other public lands are surveyed

It is settled law that the United States may survey what it owns and thereby establish and reestablish boundaries, but what the government does in this regard is for its own information and cannot affect the rights of owners on the other side of an existing boundary. United States v. State Investment Co., 264 U.S. 206, 212 (1924), citing Lane v. Darlington, 249 U.S. 331, 333 (1919). United States Supreme Court

MANUAL The Manual of Surveying Instructions describes how cadastral surveys of the public lands are made in conformance to statutory law and its judicial interpretation. (1973 Manual § 1-1.) It is within the province of the Director to determine what are public lands, what lands have been surveyed, what are to be surveyed, what have been disposed of, what remains to be disposed of, and what are reserved. (1973 Manual § 1-11.)

Is there still a need for the Manual? If no; a) do nothing or b) repeal?

If still a need for the Manual: Should any change be made to the 1973 edition?

If no need for a change to the 1973 edition; a) do nothing or b) reprint? If need for a change to the 1973 edition exists; a) what and b) how?