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Getting to Grips with the New BLM Manual of Surveying Instructions
Presented by:Bob Dahl, Cadastral Surveyor
BLM Division of Lands, Realty and Cadastral SurveyWashington, D.C.
National Council of Examiners forEngineering and Surveying 89th Annual Meeting
Denver, CO – August 18, 2010
August 16, 2010
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 – Clarification - Change
• Coordinates as collateral evidence
• Closing corners
• Standard of evidence
• Controlling intermediate corners
• Bona fide rights
• Water boundaries
• Mineral survey resurveys
ClarificationResurveys & 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 – Clarification – ChangeControlling 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
ClarificationBona Fide Rights
6-40
• 43 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 - ClarificationMineral Lands Surveys
• Mineral leasing act surveys• 10-77 to 10-85
• Riparian rights – mining claims and millsites• 10-201 to 10-207
• Resurveys of mineral surveys• 10-208 to 10-229
ClarificationCourt 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
ClarificationCourt of Competent Jurisdiction
Last Common Grantor1-7 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
ClarificationCourt of Competent Jurisdiction
Land Status1-13 and 1-13(n)
• Public Domain Land – Federal Rules• Acquired Land – Federal or State Rules• Non-Federal Land – State Rules
ClarificationFractional Sections
3-118 to 3-122
For subdivisional purposes, identification of regular sections and fractional sections
ClarificationFictitious, Fraudulent, or
Grossly Erroneous Surveys6-58 to 6-68
Elements of and/or evidence of
NewIndian Allotment Surveys –
Subdivision of Section – Three-Mile Method10-11 to 10-20
• vs. subdivision of section – statutory method
• Original survey plat controls
• Former Indian reservation land (ceded lands) can be miles from any current Indian reservation
NewIndian Allotment Surveys –
Indian Allotments and United States Indian Service Surveys
10-21 to 10-25
• 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 thepractice 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 LAWTitle 76 Land Resources and Use
Chapter 3 Local Regulation of Subdivisions
Part 4 Survey Requirements§ 76-3-402 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§ 332-130-030
Land subdivisionand 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 theState 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 AssociationPublic 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 COURTNystrom 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
http://www.blm.gov/cadastral/Manual/nextedition.htm
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