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

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

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

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

Who is affected by the Manual?

IDAHO SOCIETY OF PROFESSIONAL LAND SURVEYORS Minimum Standards for Land Boundary Surveys, Land Descriptions, and Maps Re-establishment of lost GLO or BLM corners and the subdividing of sections shall be in compliance with the rules in the Manual Caps of monuments shall be marked as prescribed by the Manual

IDAHO ADMINISTRATIVE CODE Idaho State Tax Commission Property Tax Administrative Rules IDAPA (2003) The Manual is incorporated by reference IDAPA (2003) Parcel boundaries shall be drafted in accordance with the Manual

IDAHO CODE General Laws Title 31. Counties and County Law Chapter 27. County Surveyor IC § No survey or resurvey shall be considered legal evidence in any court, except such made in accordance with the Manual, Restoration Supplement, or by the authority of the U.S., the state, or by mutual consent of the parties legal evidence in any court, except such made in accordance with the Manual, Restoration Supplement, or by the authority of the U.S., the state, or by mutual consent of the parties

SUPREME COURT OF IDAHO State ex rel. Evans v. Barnett, 116 Idaho 429, 776 P.2d 438 (1989) -the manual and restoration supplement are applicable guides for a legally valid survey in Idaho -in order to be admissible in court, a survey must conform to the BLM manual -manual never been adopted as rule of civil procedure in the courts of this state

State ex rel. Evans v. Barnett, 116 Idaho 429, 776 P.2d 438 (1989) -nothing in the record demonstrates that it was intended to serve as anything but a rule for the guidance of surveyors in the field in their analyzing evidence found at the scene -the only reference in our statutes to the manual is contained in Idaho Code § the manual and restoration supplement are not statutes -there is no reason to believe that the manual was intended to be read in pari materia with the applicable Idaho statutes

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

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

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.)

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

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

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?