the surveyor and the next edition of the manual of surveying instructions
DESCRIPTION
The Surveyor and the Next Edition of the Manual of Surveying Instructions. Presented by: John Lee, Chief Cadastral Surveyor BLM Wyoming State Office, Cheyenne, WY Bob Dahl, Cadastral Surveyor BLM Lands and Realty Group, Washington, D.C. Wyoming Engineering Society 85th Annual Convention - PowerPoint PPT PresentationTRANSCRIPT
The Surveyor and theThe Surveyor and theNext Edition of theNext Edition of the
Manual of Surveying InstructionsManual of Surveying Instructions
Presented by:Presented by:John Lee, Chief Cadastral SurveyorJohn Lee, Chief Cadastral Surveyor
BLM Wyoming State Office, Cheyenne, WYBLM Wyoming State Office, Cheyenne, WYBob Dahl, Cadastral SurveyorBob Dahl, Cadastral Surveyor
BLM Lands and Realty Group, Washington, D.C.BLM Lands and Realty Group, Washington, D.C.
Wyoming Engineering SocietyWyoming Engineering Society85th Annual Convention85th Annual ConventionGillette, WY – February 4, 2005Gillette, WY – February 4, 2005
• What is the Manual of Surveying Instructions?
• Why is the Manual relevant to the PLS in Wyoming?
Agenda
• 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
President’s Management Agenda
Department of the Interior
Bureau of Land Management
Cadastral Survey
Next Edition Manual
Scope of the ProjectScope of the Project
Bureau of Land ManagementBureau of Land Management
What is theWhat is the
Manual of Instructions for the Manual of Instructions for the Survey of the Public Lands of the Survey of the Public Lands of the
United StatesUnited States? (Manual)? (Manual)
Whom/What is affected?Whom/What is affected?
Why is the ManualWhy is the Manual
Relevant to the PLS in Wyoming?Relevant to the PLS in Wyoming?
WYOMING STATUTESWYOMING STATUTES
(i) The county surveyor or registered land (i) The county surveyor or registered land surveyor;surveyor;
(ii) after determination it is a lost corner, shall (ii) after determination it is a lost corner, shall proceed in accordance with the Manual and proceed in accordance with the Manual and
Restoration Pamphlet Restoration Pamphlet
§ 18-3-704. Establishment of lost corners.§ 18-3-704. Establishment of lost corners.(a) Whenever a monument location is in dispute(a) Whenever a monument location is in dispute
§ 037-100-005§ 037-100-005Sec.1(b)(viii)Sec.1(b)(viii)
PLS shall conduct a survey, involving public PLS shall conduct a survey, involving public land corners or section retracement or land corners or section retracement or
breakdown, in accordance with the Manual breakdown, in accordance with the Manual and Restoration Pamphletand Restoration Pamphlet
WYOMING ADMINISTRATIVE RULESWYOMING ADMINISTRATIVE RULES
§ 037-100-005 Sec. 6(a)§ 037-100-005 Sec. 6(a)PLS must follow the Manual and PLS must follow the Manual and
Restoration Pamphlet for any PLSS corner Restoration Pamphlet for any PLSS corner established, reestablished, monumented, established, reestablished, monumented, remonumented, restored, rehabilitated, remonumented, restored, rehabilitated, perpetuated or used as control in any perpetuated or used as control in any
surveysurvey
WYOMING ADMINISTRATIVE RULESWYOMING ADMINISTRATIVE RULES
§ 037-100-008 Sec. 3(c)(iv)§ 037-100-008 Sec. 3(c)(iv)The system of marking PLSS The system of marking PLSS
monuments shall follow the Manualmonuments shall follow the Manual
WYOMING ADMINISTRATIVE RULESWYOMING ADMINISTRATIVE RULES
SUPREME COURT OF WYOMINGSUPREME COURT OF WYOMINGPorter v. State, 16 Wyo. 131; 92 P. 385 (1907)Porter v. State, 16 Wyo. 131; 92 P. 385 (1907)
After quoting predecessor to W.S. After quoting predecessor to W.S. § 18-3-704§ 18-3-704, , stated this procedure to ascertain a boundary stated this procedure to ascertain a boundary
location was a statutory rightlocation was a statutory right
UNITED STATES CODEUNITED STATES CODETitle 43 Public Lands Title 43 Public Lands § 2§ 2
The Secretary of the Interior or such The Secretary of the Interior or such officer as he may designate (BLM) shall officer as he may designate (BLM) shall perform all executive duties appertaining perform all executive duties appertaining
to the surveying and sale of the public to the surveying and sale of the public lands of the United Stateslands of the United States
UNITED STATES CODEUNITED STATES CODETitle 25 Indians Title 25 Indians § 176§ 176
Whenever it becomes necessary to survey Whenever it becomes necessary to survey any Indian lands, the same shall be any Indian lands, the same shall be
surveyed under the direction and control of surveyed under the direction and control of the BLMthe BLM
And as nearly as may be in conformity to And as nearly as may be in conformity to the rules and regulations under which other the rules and regulations under which other
public lands are surveyedpublic 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 CourtUnited States Supreme Court
MANUALMANUAL
The Manual of Surveying Instructions describes The Manual of Surveying Instructions describes how cadastral surveys of the public lands are how cadastral surveys of the public lands are made in conformance to statutory law and its made in conformance to statutory law and its judicial interpretation. (1973 Manual judicial interpretation. (1973 Manual § 1-1.)§ 1-1.)
It is within the province of the Director to determine It is within the province of the Director to determine what are public lands, what lands have been what are public lands, what lands have been
surveyed, what are to be surveyed, what have been surveyed, what are to be surveyed, what have been disposed of, what remains to be disposed of, and disposed of, what remains to be disposed of, and
what are reserved.what are reserved.(1973 Manual (1973 Manual § 1-11.)§ 1-11.)
By fundamental law, upon the issuance of a patent for land by the Federal government; it is just as if the 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.
The survey rules are spelled out in the manuals, circulars and instructions issued by the GLO and later by the BLM.
Is there still a need for the Manual?Is there still a need for the Manual?
http://www.blm.gov/cadastral/Manual/nextedition.htmhttp://www.blm.gov/cadastral/Manual/nextedition.htm
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