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The Surveyor and the Next Edition of the Manual of Surveying Instructions.

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Presentation on theme: "The Surveyor and the Next Edition of the Manual of Surveying Instructions."— Presentation transcript:

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2 The Surveyor and the Next Edition of the Manual of Surveying Instructions

3 Cadastral Presence At the DOI level – housed within 1 of 8 Bureau’s/Office’s (BLM) Within BLM – one of nearly 60 programs

4 President’s Management Agenda Capitol Hill – Legislative Processes, Presidential Management Agenda’s & Initiatives, Executive Orders Bureaucratic processes, political agendas, DOI/BLM vision and mission Secretary’s 4C’s - Conservation through Cooperation, Communication, and Consultation

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

6 Who is affected by the Manual?

7 OKLAHOMA STATUTES Title 59. Professions and Occupations Chapter 10. Engineering and Land Surveying Article I. Registration of Engineers 59 O.S. §§ et seq. (2003) The Board shall have the power and authority to establish minimum standards for the practice of land surveying (§ 475.8A1)

8 OKLAHOMA ADMINISTRATIVE CODE Title 245. State Board of Registration for Professional Engineers and Land Surveyors Chapter 15. Registration and practice of Professional Engineers and Land Surveyors Subchapter 13. Minimum Standards for Land Surveying O.A.C. § 245:15-13 et seq. (2002) Minimum Standards for Land Surveying

9 O.A.C. § 245: (c)(8) The appropriate BLM Manual of Surveying Instructions shall be used as a guide for the restoration of lost or obliterated corners and subdivision of sections

10 OKLAHOMA ADMINISTRATIVE CODE Title 245. State Board of Registration for Professional Engineers and Land Surveyors Chapter 15. Registration and practice of Professional Engineers and Land Surveyors Subchapter 21. Corner Perpetuation and Filing Act Requirements O.A.C. § 245:15-21 et seq. (2002) Corner Perpetuation and Filing Act Requirements

11 O.A.C. § 245: (2)(F) Each Certified Corner Record shall indicate whether the corner was existing, obliterated, or lost as defined in the Manual of Surveying Instructions

12 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

13 UNITED STATES CODE Title 25 Indians § 176 Whenever it becomes necessary to survey any Indian lands, the same shall be surveyed under the direction and control of the BLM And as nearly as may be in conformity to the rules and regulations under which other public lands are surveyed

14 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

15 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.)

16 Is there still a need for the Manual? If no; a) do nothing or b) repeal?

17 If still a need for the Manual: Should any change be made to the 1973 edition?

18 If no need for a change to the 1973 edition; a) do nothing or b) reprint? If need for a change to the 1973 edition exists; a) what and b) how?

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