2. 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. 2005 Indiana Society of Professional Land Surveyors Annual Convention Indianapolis, IN – January 20, 2005

3. What is the Manual of Surveying Instructions? Why is the Manual relevant to the RLS in Indiana? Agenda

4. What is impetus for the next edition? Scope of the project – Technical project nested in a web of administration What is the process? How are we going about it? Where are we to date? Agenda

5. President’s Management Agenda Department of the Interior Bureau of Land Management Cadastral Survey Next Edition Manual Scope of the Project

7. Bureau of Land Management

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

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

10. Why is the Manual Relevant to the RLS in Indiana?

11. INDIANA STATUTES § 25-21.5-6-1(2) Examination for PLS registration (A) … test the applicant’s understanding, judgment, and ability to correctly apply … : (i)Federal laws and regulations. (ii) Practices pertaining to the … reestablishment of land boundaries. (B)(iv) … ability to solve problems regarding the analysis of land survey problems.

12. Title 865. State Board of Registration for Land Surveyors Article 1. General Provisions Rule 12. Land Surveying; Competent Practice Sections 2(M), 11(5), 12(a)(1), 13(15) & 14(2) & (3) INDIANA ADMINISTRATIVE CODE

13. IAC - Competent Practice Sections: 11(5): conclusions in retracement surveys; apply “theory of location” 2(M): “Theory of Location” means applying federal laws 12(a)(1): publication of retracement survey results; explain the “theory of location” applied

14. IAC - Competent Practice Sections: 13(15): retracement survey plats; indicate the “theory of location” applied 14: when conducting an original survey (2) – obtain copies of the laws regulating division of property (3) – work in accordance with standards in section 13

15. SUPREME COURT OF INDIANA Bailey v. Chamblin, 20 Ind. 33 (1863) But if a corner can not be found, then the excess or deficiency shall be apportioned to each subdivision contained within the boundary where the corners are thus lost. 43 USC § 752. The corners originally marked, if they can be found, whether the subdivisions contain more or less than the legal quantity, will be maintained. 43 USC § 751.

16. SUPREME COURT OF INDIANA Keesling v. Truitt, 30 Ind. 306 (1868) The subdivision of a section is to conform to: The Act of Congress (43 USC § 753), and under such rules and regulations prescribed by the Secretary of the Interior in the Manual of Surveying Instructions.

17. COURT OF APPEALS OF INDIANA North v. Jones, 53 Ind. App. 203 (1912); Rehearing denied (1913) The regulations of the Department of the Interior, has the force of law. If the original stake set by the government surveyor is lost, the point must be determined from the evidence. The court takes judicial notice of the rules governing the survey of public lands.

18. 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

19. 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

20. 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.)

21. Is there still a need for the Manual?

22. http://www.blm.gov/cadastral/Manual/nextedition.htm Contact Information Announcements: Upcoming presentations General Information Next Edition Website