2. The Manual of Surveying Instructions and the Practice of Land Surveying in Montana and North Dakota
Presented by:
Jim Claflin, BLM Acting Chief Cadastral Surveyor
Montana/North Dakota/South Dakota State Office, Billings, MT and
Bob Dahl, BLM Cadastral Surveyor
Division of Lands, Realty & Cadastral Survey
Washington, D.C.
Montana Association of Registered Land Surveyors and
North Dakota Society of Professional Land Surveyors
Joint Seminar
Medora, ND - June 18, 2010
Write down individual’s expectations on attending this presentation.
June 2, 2010

3. Agenda
Why is the Manual relevant to the Private, County and State Surveyor in North Dakota
and Montana?
This next edition presentation will briefly discuss how the Manual may be relevant and affect the work of the private, county and state surveyor in North Dakota and Montana by addressing certain State statutes, State administrative codes, State Attorney General opinions, and State case law with reference to the Manual.

4. How is the Manual different from the 1973 edition?
Agenda
How is the Manual different from the 1973 edition?
How is the Manual the same as the 1973 edition?
Highlight of “new” issues in the 2009 edition.
How is the Manual different from the 1973 edition?
How is the Manual the same as the 1973 edition?
Highlight of “new” issues in the 2009 Manual.
Examples.
We hope to help the practicing land surveyor as he or she transition from the 1973 edition to the 2009 edition of the Manual.
Examples.

5. Manual of Surveying Instructions? (Manual)
What is the
Manual of Surveying Instructions? (Manual)
Who/What is affected?
2009 Manual development –
March Don Buhler becomes Bureau of Land Management (BLM) Chief Cadastral Surveyor.
The Cadastral Survey Manual Committee is formed to study whether the next edition of the Manual was needed. The Committee asked Cadastral Chiefs to identify what in the 1973 Manual was (a) obsolete, (b) incorrect, and (c) missing (O-I-M). The Committee recommended it was time for the next edition.
2002, Chief Edition job announcement issued and Bob Dahl selected, May 19, along with other duties as assigned.
Using Microsoft word and “track changes” the 1973 Manual becomes the base document for the next edition to which additions, deletions, and comments from the (a) O-I-M, (b) 8-three ring binders of extant post-1973 BLM policy, and (c) draft “1993 Manual” are tracked.
A Sounding Board is formed for each chapter, and the specimen field notes and plats, consisting of nationwide subject matter experts.
17 presentations on the relevance of the Manual to the practice of land surveying are made to audiences consisting largely of private, county, and state land surveyors, to inform and receive feedback.
2 BLM internal technical reviews were conducted with over 1700 edits and comments received.
Interior Board of Land Appeals (IBLA) comments were received.
The Department of the Interior (DOI), Washington Office, Office of the Solicitor Divisions of (a) Land and Water, (b) Parks and Wildlife, (c) Indian Affairs, (d) Mineral Resources, and (e) General Law edits and comments received.
2 Professional editors read and edited entire Manual, a Visual Information Specialist prepared the figures, and a professional indexer prepared the index.
The Manual was approved by the Director, BLM and the DOI Assistant Secretary, Land and Minerals Management.
The Manual can be characterized as a collection of general instructions: a) chasing the law and b) stating the “law” (the rules).
The BLM does not make the Manual authoritative to the private practice of land surveying in a State. That is done by the State legislature, State administrative rules, State attorney general opinions, and/or State judicial action. In such cases the intended audience of the Manual, or portions therein, is anyone practicing land surveying in the State.
Currently there are 238 BLM cadastral surveyors and 50,000 Registered surveyors. Most of the country has, is, and always will be surveyed by private and other non-Federal surveyors.
It is up to each surveyor to determine what force the Manual has in their State and to each survey they are involved with. In the BLM, the final technical determination is made by the authorized official delegated with responsible charge of an official survey, i.e., the BLM State Office Chief Cadastral Surveyor.
The BLM Chief Cadastral Surveyor has final interpretation of the Manual.
The Manual is part of a Covenant between the Federal Government and its citizens.

6. Why is the Manual
Relevant to the Private, County and State Surveyor in Montana and North Dakota?
Why is the Manual relevant to the Private, County and State Surveyor in Montana or North Dakota?
The Manual are the survey rules for locating the boundaries and corners of:
Lands with public domain status, including Indian trust lands and Indian restricted fee lands; Federal lands that have never gone to patent; and
Federal acquired lands and non-Federal lands, described by a Federal patent or based upon a Federal patent description; typically the Manual is the rules for locating the exterior boundary of the described lands.
There are two origins of boundary line creation: (1) Federal and (2) Non-Federal (private)
Description example: “east-half” “west-half” - a) Federal; or b) State?
Bona fide – Federal authority surveyors must work with “the where” first and just “the who” or “the what” as they pertain to the first.
Role of Interior Board of Land Appeals; Delegation of Authority; Rule changes are prospective in application and generally are not applied retrospectively.
The Manual has implications to:
Federal Authority (Official) Surveys; State Authority (Local) Surveys; Administrative Surveys;
Registered Professional Land Surveyors; Cadastral Surveyors; Landowners; Legal Profession; Title Industry; Energy Industry; Others.
There are three types of surveys: 1) Federal authority; 2) State authority; and 3) no authority.
There are two sets of foot steps to follow: (1) the legal and (2) the original surveyor - (2a) computational.
The intended audience of the Manual is the Federal authority surveyor including:
The field surveyor; The special instructions writer; The survey reviewer; The draftsman; and The Cadastral Chief.
Rule of Last Common Grantor - Within the Public Land Survey System, each boundary line first described in a Federal patent or equivalent is surveyed by the procedures and principles defined in the Manual. Each boundary line of Federal interest lands in all 50 States may be surveyed based on Manual procedures and principles. Each boundary line first described in a non-Federal conveyance is surveyed by the procedures and principles defined by State law. Many States have incorporated the Manual by statute, regulation &/or case law into their boundary location elements of control and law, including intent.

7. § 76-3-402 Survey and platting requirements for subdivided lands.
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.
(3) All division of sections into aliquot parts and retracement of lines must conform to the Manual of Surveying Instructions
Montana Code Annotated
Title 76 Land Resources and Use
Chapter 3 Local Regulation of Subdivisions
Part 4 Survey Requirements
Section Survey and platting requirements for subdivided lands.
(3) All division of sections into aliquot parts and retracement of lines must conform to United States bureau of land management instructions, and all public survey corners must be filed in accordance with Corner Recordation Act of Montana (Title 70, chapter 22, part 1).

8. Title 11 Counties Chapter 11-20 County Surveyor
NORTH DAKOTA STATUTE LAW
Title 11 Counties Chapter County Surveyor
§ Form of surveys
All surveys made by the county surveyor must be made in accordance with the rules and regulations laid down by the GLO Commissioner
North Dakota Century Code
Title 11 Counties
Chapter County Surveyor
Section Form of surveys.
“All surveys made by the county surveyor must be made in accordance with the rules and regulations laid down by the commissioner of the United States general land office and in accordance with the following principles, when applicable:”
For relevance of this statute to surveys made by the private surveyor, see Nystrom v. Lee, 16 N.D. 561 (1907):
“The courts of this state in matters of this kind [retracement, restoration, and subdivision of section] are governed by the laws of the United States, and the instructions issued by the officers thereof, in charge of the public land surveys. Rev. Codes 1905, section 2540 [N.D. Cent. Code ] .” p. 564.

9. NDSPLS – Recommended Guidelines for the Practice of Land Surveying in North Dakota (2001)
In the restoration of lost or obliterated corners and subdivision of sections the Land Surveyor will perform all surveys in accordance with the BLM Restoration and Subdivision of Sections circular
The procedure by which a government section is to be subdivided is set forth in the current Manual of Surveying Instructions
North Dakota Society of Professional Land Surveyors, Recommended Guidelines for the Practice of Land Surveying in North Dakota, 4th edition, revised February 24, This document was prepared and adopted by the North Dakota Society of Professional Land Surveyors and is intended to reflect the consensus of practicing Land Surveyors in the State of North Dakota.
Section 1 – Introduction: It is anticipated that these standards will assist in meeting public needs as follows:
Three: That in the restoration of lost or obliterated corners and subdivision of sections the Land Surveyor will perform all surveys in accordance with the United States Department of the Interior Bureau of Land Management 1974, or current edition of Restoration of Lost or Obliterated Corners and Subdivision of Sections A Guide for Surveyors.
Section 13 – Subdivision of Sections: The procedure by which a government section is to be subdivided is set forth in the current Manual of Instructions of the Survey of the Public Lands of the United States (“Manual”) published by the U.S. Government Printing Office.

10. Oil & Gas Well Location Surveys
NDSPLS – Recommended Guidelines for the Practice of Land Surveying in North Dakota (2001)
Oil & Gas Well Location Surveys
Ascertain that the monuments used to determine section lines are the section corner monuments according to the rules as defined by the BLM Manual of Instructions.
Recommended Guidelines for the Practice of Land Surveying in North Dakota.
Reference Section , Oil & Gas Well Location Additional Information, Surveys
Some general recommendations for oil and gas well surveys are:
Ascertain that the monuments used to determine section lines are the section corner monuments according to the rules as defined by the BLM Manual of Instructions.
Related Administrative Code:
Title 43. Industrial Commission, Article 2. Mineral Exploration and Development, Chapter 3. Oil and Gas Conservation, Application for permit to drill and recomplete.
“The application for permit to drill shall be accompanied by an accurate plat certified by a registered surveyor showing the location of the proposed well with reference to the nearest lines of a government section.”
Related Opinion of the Attorney General of the State of North Dakota, 1981 Op. Atty Gen. N.D. 122 (May 5, 1981).
“It is my opinion that a surveyor who prepares oil and gas well siting plats pursuant to Section , N.D.A.C., must comply with the requirements of Chapter , N.D.C.C., relating to the filing of corner records.”

11. Administrative Rules of Montana
Title 36: Department of Natural Resources and Conservation
Chapter 22: Oil and Gas Conservation
Sub-chapter 6: Permit to Drill
Notice of Intention to Drill and Application for Permit to Drill.
(1) Must include a survey plat certified by a registered surveyor and showing the location of the proposed well with reference to the nearest lines of an established public survey.
Administrative Rules of Montana
Title 36: Department of Natural Resources and Conservation
Chapter 22: Oil and Gas Conservation
Sub-chapter 6: Permit to Drill
§ Notice of Intention to Drill and Application for Permit to Drill.
“(1) Must include a survey plat certified by a registered surveyor and showing the location of the proposed well with reference to the nearest lines of an established public survey.”
Related Opinion of the Attorney General of the State of Montana, 41 Op. Atty Gen. Mont. No. 89 (October 31, 1986)
“All survey plats that are certified by the registered surveyors of this state must be completed in conformance with the Corner Recordation Act, §§ to 110, MCA.”
“Survey plats submitted with a notice of intention to drill under section , MCA, must be completed in conformance with the Corner Recordation Act, §§ to 110, MCA.”

12. Vaught v. McClymond, 116 Mont. 542 (1945)
SUPREME COURT OF MONTANA
Vaught v. McClymond, 116 Mont. 542 (1945)
“The survey should be made … in accordance with instructions and regulations issued … by the general land office for the guidance of county surveyors and others in ascertaining boundary lines created by the government survey
and
Supreme Court of Montana – Finding of Facts – Conclusions at Law
Vaught v. McClymond, 116 Mont. 542, 559 (1945)
A dispute over how to locate between two private landowners the title line defined as the E. and W. center line of a section, the northwest quarter of section 26 “containing 160 acres more or less according to the United States government survey thereof.”
“The survey should be made pursuant to the statutes prescribing the rules regulating the survey of government lands and in accordance with instructions and regulations issued thereunder by the general land office for the guidance of county surveyors and others in ascertaining boundary lines created by the government survey and in relocating corners or monuments theretofore established which may have become lost or obliterated.”
Common grantor (Vaught), (i.e., owned both sides when the boundary line was created) owned west-half section 26 and sold the Northwest-quarter to McClymond – private contract – state law governs.
No possession line – McClymond also owned in section 27 and there was a fence to the west.

13. Vaught v. McClymond, 116 Mont. 542 (1945)
SUPREME COURT OF MONTANA
Vaught v. McClymond, 116 Mont. 542 (1945)
in relocating corners or monuments theretofore established which may have become lost or obliterated.”
Supreme Court of Montana – Finding of Facts – Conclusions at Law
Vaught v. McClymond, 116 Mont. 542, 559 (1945)
A dispute over how to locate between two private landowners the title line defined as the E. and W. center line of a section, the northwest quarter of section 26 “containing 160 acres more or less according to the United States government survey thereof.”
“The survey should be made pursuant to the statutes prescribing the rules regulating the survey of government lands and in accordance with instructions and regulations issued thereunder by the general land office for the guidance of county surveyors and others in ascertaining boundary lines created by the government survey and in relocating corners or monuments theretofore established which may have become lost or obliterated.”
Common grantor (Vaught), (i.e., owned both sides when the boundary line was created) owned west-half section 26 and sold the Northwest-quarter to McClymond – private contract – state law governs.
No possession line – McClymond also owned in section 27 and there was a fence to the west.

14. SUPREME COURT OF MONTANA Reel v. Walter, 131 Mont. 382 (1957)
The Manual contains the proper procedure for resurveys and subdivision of sections
Supreme Court of Montana
Reel v. Walter, 131 Mont. 382, 386 (1957)
“The appellant concedes that the Bureau of Land Management manual contained the proper procedure. This court has previously held in Vaught v. McClymond, 116 Mont. 542 (1945), that such procedure is proper.”
Page The controversy centered around a determination of the boundary between the northeast and the southeast quarters of section 28.
Page 383 – In both chains of title, the land involved had been conveyed by legal subdivision according to the government survey. – the federal government apparently owned both sides when the boundary line was created, i.e., the last common grantor.

15. SUPREME COURT OF MONTANA Yellowstone Basin Properties, Inc. v
SUPREME COURT OF MONTANA Yellowstone Basin Properties, Inc. v. Burgess, 255 Mont. 341 (1993)
Surveyors who comply with the Manual, and who uses the best evidence obtainable meets the standard of care required for Registered Land Surveyors in Montana
Supreme Court of Montana; Yellowstone Basin Properties, Inc. v. Burgess, 255 Mont. 341 (1993)
Page 351 – District Court cited with approval survey standards: “In surveying a tract of land according to a former plat or survey, the surveyor’s only duty is to relocate, upon the best evidence obtainable, the courses and lines at the same place where originally located by the first surveyor on the ground.” Vaught
Page In Vaught v. McClymond (1945), 116 Mont. 542, 559 (1945), this Court remanded the case and instructed: “The survey should be made pursuant to the statutes prescribing the rules regulating the survey of government lands and in accordance with instructions and regulations issued thereunder by the general land office for the guidance of county surveyors and others in ascertaining boundary lines created by the government survey and in relocating corners or monuments theretofore established which may have been lost or obliterated.”
Page “We conclude that a surveyor who complies with rules and regulations as set forth in the approved source, currently the 1973 Manual of Surveying Instructions, and who uses the best evidence obtainable meets the standard of care required for Registered Land Surveyors.”
Page 350 – Each theory of liability (negligence, breach of contract and breach of warranty) depends on whether or not the surveyor breached the standard of care owned by a Registered Land Surveyor.
Page 355 – To recover damages it must be established by a preponderance of the evidence that the Surveyor failed to follow regular accepted survey standards in failing to exercise accepted standards of care, prudence and skill.

16. 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
North Dakota Supreme Court
Nystrom v. Lee, 16 N.D. 561 (1907)
“The courts of this state in matters of this kind [retracement, restoration, and subdivision of section] are governed by the laws of the United States, and the instructions issued by the officers thereof, in charge of the public land surveys. Rev. Codes 1905, section 2540 [N.D. Cent. Code ] .” p. 564.
Controversy is between two private landowners, over section 27 center lines, 171 ft. E-W and ft. N-S.
County surveyor’s method for restoration of the NE, SE, SW section corners and E and S quarter-section corners was found to follow the Manual rules and found competent and prima facie evidence of the location of the original corners.

17. NORTH DAKOTA SUPREME COURT Odegaard v. Craig, 171 N. W. 2d 133 (N. D
Subdivision of section lines shall be established by a survey made in accordance with §
North Dakota Supreme Court
Odegaard v. Craig, 171 N.W.2d 133 (N.D. 1969)
“The judgment from which defendants have appealed does not direct that the survey be made in accordance with Sec N.D.C.C. A reading of the trial judge's memorandum opinion and conclusions of law indicates that the survey is to be made in a manner at variance with the statute. We find that defendants are entitled to have the boundary determined by a survey made in accordance with Sec N.D.C.C.” p. 137.
“Thus, the judgment of the trial court must be modified to the extent that the boundary between plaintiff’s and defendants’ conterminous lands shall be established by a survey made by a registered land surveyor designated by the district court in accordance with Sec N.D.C.C., . . .” p. 138.
Controversy is between two private landowners, over the east and west center line of section 23.
Survey facts are not discussed in the appeal.
The trial court’s directive that a survey be made by the county engineer in a manner NOT in accordance with Sec N.D.C.C. was found in error by the Supreme Court.

18. NORTH DAKOTA SUPREME COURT Radford v. Johnson, 8 N.D. 182 (1898)
The controlling law of an individual boundary will be that law under which that boundary was created
Federal or State?
North Dakota Supreme Court – Source of Law (sec. 1-7)
Radford v. Johnson, 8 N.D. 182 (1898)
The trial court’s jury instructions are quoted with approval:
“"Now it is conceded that the land on both sides of this line originally came from the United States government, and I charge you, gentlemen of the jury, as the law of this case, that in a resurvey of the land which originally belonged to the United States, and which it has caused to be surveyed under its authority, such resurvey must conform to the survey made under the authority of the government, if the mounds and corners of the original government survey can be identified. If the stakes and monuments placed by the government in making the survey to indicate the section corners and quarter section posts can be found, or the places where they were originally placed can be identified, they are to control in all cases. Further, the corners established by the original surveyors under the authority of the United States cannot be altered. Whether properly placed or not, no error in placing them can be corrected by any surveyor deriving [*184] his authority from the laws of the state." Not only does that portion of the charge given and just quoted contain the substance of defendant's request, but as a correct statement of well-settled law it has our approval, and requires no citation of authority to support it.”
This is a restatement of “Source of Law” and “Common Grantor” principles per section 1-7.
Controversy is between two private landowners, over the north and south center line of section 23, ft. E-W; ½ acre.
The issue was the existence or nonexistence of the S. quarter-section corner.
Survey facts are not discussed in the appeal.

19. NORTH DAKOTA SUPREME COURT Park District v. Bertsch, 152 N. W
NORTH DAKOTA SUPREME COURT Park District v. Bertsch, 152 N.W.2d 401 (N.D. 1967), cert. denied, Erling v. Park District, 390 U.S. 904 (1968)
Congress has confided to BLM the execution of the laws which regulate the surveying, the selling, and the general care of the public lands; and its [survey] administration falls wholly and absolutely within its jurisdiction
North Dakota Supreme Court
Park District v. Bertsch, 152 N.W.2d 401 (N.D. 1967), cert. denied, Erling v. Park District, 390 U.S. 904 (1968)
“To it [Bureau of Land Management], as a special tribunal, congress has confided the execution of the laws which regulate the surveying, the selling, and [*410] the general care of the public lands; and, in the absence of some specific provision to the contrary in respect of any particular grant of or other provision respecting the public lands, its administration falls wholly and absolutely within the jurisdiction of the land department. The land department is vested with substantially exclusive jurisdiction to determine, in the first instance, all questions of fact respecting the acquisition, disposition, and control of the public lands, as long as the legal title thereto remains in the United States.” 73 C.J.S., Public Lands, Section 170.
See also, Perry v. Erling, 132 N.W.2d 889, 897 (N.D. 1965)

20. MANUAL
The Manual of Surveying Instructions describes how cadastral surveys are made in conformance with statutory law and its judicial interpretation. (Sec. 1-3.)
The Director of the Bureau of Land Management has the authority to determine what lands are Federal interest 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. (Sec )
The Manual - Purpose and Scope of the Manual
2009 Manual § 1-3. The Manual of Surveying Instructions describes how cadastral surveys are made in conformance with statutory law and its judicial interpretation.
2009 Manual § The Director of the Bureau of Land Management has the authority to determine what lands are Federal interest 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.
What percentage of North Dakota has been surveyed under the PLSS?
What percentage of Montana has been surveyed under the PLSS?
Under Federal survey rules?

21. Technology Areas Manual 2009 Chapter 2
How Horizontal Distances are reported on Cadastral plats Astronomic vs Geodetic (GPS) Lines of constant bearing discussion Coordinate Systems NSDI Use of statistical analysis of survey data
Section 2-32.
Chapter 2 THE GENERAL PLAN
The surveyor, after assuring that the points of the survey are correctly positioned, will report the results of field observations and techniques used along with the mathematical uncertainty of the geographic coordinates computed in a manner that it is known and recorded. The coordinate data presented will include the correct datum and adjustment date or epoch of the NSRS control used. The precision with which coordinate data is reported will be commensurate with the accuracy of the field observations taken.
The field observations, techniques, and computational processes will be documented in such a manner that future surveyors can confidently replicate the position of the points of the survey on the face of the earth within a known mathematical uncertainty.
Section 2-34.
Presumably any point can be reestablished once its coordinates have been determined. However, great care must be exercised to ensure that the original coordinate pairs were produced by a process that is repeatable within a quantifiable accuracy standard. Repeatable coordinates may provide collateral evidence of a corner position, may constitute the best available evidence of a corner position, and, in some cases, may constitute substantial evidence of the position of an obliterated corner.

22. Units of Measure Manual 2009 Secs. 2-41 to 2-43
Accuracy requirements Authorize use of feet on Cadastral plats Conversions for acres, arpents, hectares and varas U.S. Survey Foot

23. Limit of Closure Manual 2009 – Original Survey Sec. 3-50
New maximum allowable error of closure listed in this Manual is 1/4000 of the perimeter in either latitude or departure. If original surveys do not meet this limit, corrective steps are needed to find the errors. Individual BLM state offices can adopt stricter closure limits when necessary.
CHAPTER 3 THE SYSTEM OF RECTANGULAR SURVEYS
Tables of Latitude and Departure and Error of Closure, 3-50
Limits of Closure for Original Surveys, thru 3-217
“error of closure”
“limit of closure”
closing against the latest official record within the current limits of closure
Rectangular Limits, 3-34

24. Closing Corners Sec. 3-79
Determination of the point of intersection by calculation alone is not permissible. Once a corner is monumented at the point of intersection, without gross error, it will ordinarily be accepted as control for both lines. Subsequent technical repositioning of the line closed upon will be avoided.

25. Quarter Corner of Minimum Control Manual 2009 Secs
Quarter Corner of Minimum Control Manual 2009 Secs to 3-79, and 7-23 to 7-31
Now this edition of the Manual gives more consideration to corners of minimum control and more direction to the surveyor than the 1973 Manual.
And reference to previously established corners of minimum control.
Intersecting and Terminating Section Lines, 3-74 thru 3-79
Junior-Senior Corners, 7-23 thru 7-31

26. Fractional Sections Manual 2009 Secs. 3-118 thru 3-124
Weighted Mean Bearing is generally the preferred method and is better defined in the 2009 Manual.

28. Figure 3-46
Figure Weighted mean bearing example.

29. Riparian Presentation Changes Manual 2009 – Secs
Riparian Presentation Changes Manual 2009 – Secs to 3-207, Chapter 8, and Chapter Notes
Greatly expands the instructions on dealing with water boundaries. Includes concepts and case studies of water boundaries in addition to a discussion of survey methods. Discusses the most relevant court cases and administrative law decisions effecting water boundaries within the PLSS.
Original Surveys, Meandering, thru 3-207
Chapter III Notes, 3-162(n) thru 3-172(n)
Resurveys and Water Boundaries, Chapter 8
Chapter VIII Notes, 8-21(n) thru 8-195(n)

30. Supplemental Plats Manual 2009 Secs. 9-88 to 9-102, and 10-68
In-depth and updated instructions on the preparation and use of supplemental plats.
Supplemental Plats, 9-88 thru 9-102
Rectangular Small Tracts, Supplemental Plats, 10-68

31. Alaska Specific Issues Manual 2009 Sec. 10-55
Alaska Native Village Corporations
Alaska Native Village Corporation Conveyance of Lands Surveys, thru 10-57
Federal survey statutes, applicable to land in Alaska only, are addressed for the first time in the Manual.

32. Retracing Patented Mineral Claims Manual 2009 Secs. 10-101 to 10-231
In-depth updated instructions on the resurvey procedures for mineral surveys.
Mineral Leasing Act Surveys, thru 10-85
Mineral Segregation Surveys, thru
Mineral Surveys, thru and Appendix III, Specimen Field Notes and Specimen Plat
Resurveys of Mineral Surveys, thru
Special Cases, and

33. Subdivision of Section – Three-Mile Method Manual 2009 Secs
Subdivision of Section – Three-Mile Method Manual 2009 Secs to 10-20
Three-Mile Method better defined in the 2009 Manual

35. Chapter Exercise

36. Closing Corners
What has changed? Manual does not give positive guidance on whether to establish them. How to mark and describe them is within the discretion of the State Office Chief Cadastral Surveyor. What is important to the Manual is not "what" a corner is called but "how" it was established. The latter must be clearly stated in the record.
Q1. When closing on a standard parallel the BLM will no longer set closing corners, but instead set section corners while performing an original survey.
A1. I agree.
Q2. When executing a resurvey and finding a closing corner not located on the line that was closed upon, and it was only tied to the standard parallel in one direction, the BLM will amend this position and monument the true point of intersection as we have in the past.
A2. I agree.
Q3. Is the BLM going to refer to this newly monumental position as a closing corner as done in the past and mark the cap accordingly, or will it now be called a section corner and not contain the CC markings?
A3. The Manual does not give positive guidance on this question. Therefore, how to mark and describe it is within the discretion of the State Office Chief Cadastral Surveyor. What is important to the Manual is not "what" a corner is called but "how" it was established. And the latter must be clearly stated in the record. See section 7-19, last sentence, however, that should not change this answer.

37. Closing Corners Manual 2009, Secs. 7-41 to 7-49
What are they?
What were they?
Closing Corners, 7-41 thru 7-49

38. Witness Corners Manual 2009 Sec. 6-27
What are they?
A witness corner is not the corner point but a witness to the true point for the corner.
The corner point being witnessed is recovered when the witness corner is recovered.

39. Witness Corners
When are they used? When the true point for a corner cannot be established or occupied. The use of Reference Monuments (RM) is strongly encouraged if possible. WCs are not to be confused with a Witness Point (WP).

40. Witness Corners
Basic Rules Corners normally reestablished by double proportionate measurement will be determined by extending the line through the WC at record distance.

41. Witness
Corner &
Section
Corner

42. Witness Corners
Basic Rules Corners normally reestablished by single proportionate measurement will be determined by single proportionate measurement between the WC and opposite controlling corner.

43. Witness
Corner &
Quarter-Section
Corner

44. Witness Corners
Basic Rules The true point for the corner determined from an off-line witness corner will normally be fixed by record bearing and distance. Off-line WCs are normally treated like a RM, BT or BO.

45. Off-line Witness
Corner

46. Controlling Intermediate Corners Manual 2009 Secs
Controlling Intermediate Corners Manual 2009 Secs to 6-31, and 7-30
What are they? Line Trees Witness Corners Witness Points Meander Corners State Boundary Monuments Junior Corners

47. Controlling Intermediate Corners
What are they? Closing Corners Crossing Closing Corners Angle Points Minor Subdivisional Corners Lot Corners Miles Posts

48. Local Corners Manual 2009 Secs. 6-45 to 6-49
Local Corners defined in the 2009 Manual With a more detailed discussion regarding acceptance or rejection of local points of control. Added language from the 1947 and earlier Manuals.

49. Double Proportionate Measurement Manual 2009 Secs. 7-8 & 7-9
Better definition/example of the double proportion measurement.
Discussion of cardinal equivalents.
Resurveys and Restoration
Primary Methods
Double Proportionate Measurement, section 7-8
Cardinal Equivalent, section 7-9

50. Figure 7-1
Figure 7-1. The plan of double proportionate measurement.

51. Figure 7-2
Figure 7-2. Double proportionate measurement and cardinal equivalents.

52. Adjusting Meander Lines Manual 2009 Secs. 7-53 and 8-17 to 8-20
Now referred to as Angle Points of Meander Lines. Less confusing definition of the Compass Rule Adjustment.
Angle Points of Meander Lines, 7-53 (The previous edition of the Manual referred to this method as the Angle Points of Nonriparian Meander Lines.)
Restoration of Meander Lines During Resurvey, 8-17 thru 8-20

53. Irregular Boundary Adjustment Manual 2009 Secs. 7-51 & 7-52
What is it? A modified form of single proportionate measurement used in restoring certain lost corners.

54. Irregular Boundary Adjustment
When do I use it? Resurveying Resurveys Irregular Township Boundaries Restoring Private Survey Records Completion Surveys Retracements

55. Irregular Boundary Adjustment
Why do I use it? A method to deal with a material departure from the basic original survey rules Following the footsteps Restoring the resurvey record

56. Figure 7-8
Figure 7-8. An irregular boundary adjustment.

57. Chapter Exercise

58. SUMMARY
By fundamental law, upon the issuance of a patent for land by the Federal government; it is just as if the monuments, survey plat and field notes, and the laws, regulations and rules governing how to survey the land described in the patent, are stapled to the face of the patent.
SUMMARY
By fundamental law, upon the issuance of a patent for land by the Federal government; it is just as if the monuments, survey plat and field notes, the laws, regulations, and rules governing how to survey the land described in the patent, are stapled to the face of the patent. Cragin v. Powell, 128 U.S. 691 (1888).
The survey rules are spelled out in the manuals, circulars, instructions and regulations issued by the General Land Office and its successor the Bureau of Land Management.
If later a boundary location becomes unclear the Manual is the guidance (the rules) governing the relocation of the corners and boundaries in conformance to the controlling monuments, survey plat(s), field notes, policies, regulations and laws.
The survey rules are spelled out in the manuals, circulars, instructions and regulations issued by the GLO and later by the BLM.

59. Next Edition Website http://www.blmsurveymanual.org/
Move through classroom exercise, student expectations, and questions.