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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