Getting to Grips with the New BLM Manual of Surveying Instructions Presented by: Bob Dahl, Cadastral Surveyor BLM Division of Lands, Realty and Cadastral Survey Washington, D.C. National Council of Examiners for Engineering and Surveying 89 th Annual Meeting Denver, CO – August 18, 2010 August 16, 2010

What is new or changed in the 2009 edition of the Manual of Surveying Instructions?

Subjects in the 1973 edition of the Manual have been elaborated on in the 2009 Manual. Subjects not in the 1973 edition of the Manual have been included in the 2009 Manual.

New and/or Change depends on your definition Very little technical/legal policy has “changed” from - the 1973 edition - current BLM policy

1973 Edition 2009 Manual Ch. 1 - The General Plan Ch. 2 - Methods of Survey Ch. 3 - The System of Rectangular Surveys Ch. 4 - Monumentation Ch. 5 - Lost or Obliterated Corners Ch. 6 - Resurveys Ch. 7 - Special Surveys and Instructions Ch. 8 -Field Notes Ch. 9 -Plats Ch. 10 -Mineral Surveys Ch. 1 - The General Plan Ch. 2 - Methods of Survey Ch. 3 - The System of Rectangular Surveys Ch. 4 - Monumentation Ch. 5 - Principles of Resurveys Ch. 6 - Resurveys and Evidence Ch. 7 - Resurveys and Restoration Ch. 8 -Resurveys and Water Boundaries Ch. 9 -Special Instructions, Field Notes, and Plats Ch. 10 -Special Surveys and Mineral Surveys Chapters Crosswalk

Areas of: New New – Clarification - Change Coordinates as collateral evidence Closing corners Standard of evidence Controlling intermediate corners Bona fide rights Water boundaries Mineral survey resurveys

Clarification Closing Corners Resurveys & Closing Corners 3-74 to 3-79 Historical policy – By policy, closing corner monuments were not intended to be established on intersected line. Modern policy (adopted between 1902 and 1919) – By policy, closing corner monuments are intended to be established on intersected line.

Clarification Closing Corners Resurveys & Closing Corners 3-74 to 3-79 Historical policy – By policy, closing corner monuments were not intended to be established on intersected line. Modern policy (adopted between 1902 and 1919) – By policy, closing corner monuments are intended to be established on intersected line.

New New – Clarification – Change Controlling Intermediate Corners 6-27 to 6-30 Witness corners Line trees Witness points Meander corners Controlling intermediate corners control: Section line alinement Reestablishment of lost corners Establishment of minor subdivisional corners

Change in Technical Policy 6-34 Prospective in Application Not Retrospective in Application

Clarification Bona Fide Rights U.S.C. 772 – Governs resurveys by GLO/BLM Bona fide belief is not bona fide rights 43 U.S.C. 772 bona fide rights as to location are based on good faith reliance on evidence of the original survey

New - Clarification Mineral Lands Surveys Mineral leasing act surveys to Riparian rights – mining claims and millsites to Resurveys of mineral surveys to

Clarification Court of Competent Jurisdiction 1-7 and 1-7(n) When is the Manual (Federal rules) applicable and when should the Surveyor look elsewhere for the governing rules (State rules), i.e., source of law question

Clarification Court of Competent Jurisdiction Last Common Grantor 1-7 and 1-7(n) Owner of land when boundary line is created Federal – Federal Rules Non-Federal - State Rules Some States have adopted Federal rules for some situations

Clarification Court of Competent Jurisdiction Land Status 1-13 and 1-13(n) Public Domain Land – Federal Rules Acquired Land – Federal or State Rules Non-Federal Land – State Rules

Clarification Fractional Sections to For subdivisional purposes, identification of regular sections and fractional sections

Clarification Fictitious, Fraudulent, or Grossly Erroneous Surveys 6-58 to 6-68 Elements of and/or evidence of

Clarification Cardinal Equivalent 7-9

New Indian Allotment Surveys – Subdivision of Section – Three-Mile Method to vs. subdivision of section – statutory method Original survey plat controls Former Indian reservation land (ceded lands) can be miles from any current Indian reservation

New Indian Allotment Surveys – Indian Allotments and United States Indian Service Surveys to Not to be confused with the separate subject of GLO allotment surveys versus United States Indian Service (USIS) allotment surveys

Why is the Manual relevant to the practice of land surveying in your State? 1-3 Rules to survey the PLSS by Adoption by State legislature, administrative rule, attorney general opinion, common practice, and/or common law An expression of the intent when Federal Government is grantor

MONTANA STATUE LAW Title 76 Land Resources and Use Chapter 3 Local Regulation of Subdivisions Part 4 Survey Requirements § Survey and platting requirements for subdivided lands. All division of sections into aliquot parts and retracement of lines must conform to the Manual of Surveying Instructions

Washington Administrative Code § Land subdivision and corner restoration standards. Reestablishment of lost GLO or BLM corners and subdividing of sections shall be done according to applicable GLO or BLM plats and field notes and in compliance with the Manual

Office of the Attorney General of the State of California 64 Opinions of the Attorney General 224 (1981) Manual of Surveying Instructions is “the authoritative reference book on the subject” of accessories to corner monuments

Minnesota Land Surveyors Association Public Land Survey in Minnesota State statutes state that the section subdivision methods follow the rules of the Federal Government Subdivision by survey of descriptions which are Federal in origin must follow Federal method down to the smallest size sold

NORTH DAKOTA SUPREME COURT Nystrom v. Lee, 16 N.D. 561 (1907) The courts of this state in the matter of restoration of corners and subdivision of sections are governed by the laws of the U.S., and the instructions issued by the officers thereof, in charge of the public land surveys

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