Certified Federal Surveyor Program Assignment #3, Feedback

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1 Certified Federal Surveyor Program Assignment #3, Feedback Now that you have completed Assignment #3, take a few minutes to review the comments below. We have tried to identify items of special importance, material that will likely be on the exam or concepts/information that seems to cause students the most difficulty on the exams. Review Continue Course #2 1. Definitions: a. Interior Board of Land Appeals (IBLA): The administrative body that, on behalf of the Secretary, hears appeals of decisions rendered by Departmental officials relating to the use and disposition of public lands and their resources, including land selections arising under the Alaska Native Claims Settlement Act. (See Section 1-21, 2009 Manual b. Cancelled plat: The annulment of a former accepted survey. A notation will be written across the face of the plat. Surveys may be canceled and ordered redone if the Manual is not properly followed. (See Section 1-5, 2009 Manual) c. Suspended plat: An action to temporarily hold an accepted plat in abeyance. All administrative actions related to the area will be discontinues until the matter is resolved. (See Section 5-32, 2009 Manual) d. Superseded survey: You will not find Superseded noted on the plat as you will with Canceled and Suspended. In the PLSS, the latest official survey supersedes the previous surveys, provided the latest survey is correctly executed. So it is extremely important that you have all the Official records. (See Section 9-35, 2009 Manual) e. Random line: A trial line run from one monument towards the next monument so that the difference in latitude and departure between the monuments may be determined and the true line may be computed.(blm Glossary of Surveying and Mapping Terms) f. Witness Point: Monumented stations on line or POLs or POTs they don t witness a particular corner, they are simply a point on line. (See page 206 &236, Course 2, Study Guide) g. Witness Corner: A monumented point usually on a line of the survey and near a corner. It is established only in situations where it is impracticable to occupy the site of the corner. Witness corners are established as a witness to the true corner point. (See page 310, Course 2, Study Guide)

2 h. Meander corner: Corners established where base lines, guide meridians, township lines, section lines and most non-rectangular survey lines intersect the OHWM/MHT of a meanderable bodies of water. (See page 341, Course 2, Study Guide) a. Special meander corner: Corners established where subdivision of section lines intersect a meander line and at the terminus of division of accretion lines. (See page 345, Course 2, Study Guide) b. Auxiliary meander corner. (See Section 3-174, 2009 Manual, and page 346, Course 2, Study Guide) c. Closing corner (this will be covered again in Course 4): (See pages , Course 2, Study Guide) How to determine the true point; What control the true point exercises; What control the original point exercises on the closing line and What control the original point exercises on the line closed upon. d. Crossing closing corner. The term first appeared in Sections 3-71 and 5-41 of the 1973 Manual. Crossing closing corners are referred to in Section 7-48 of the 2009 Manual. New closing corners of any kind are no longer established; they are called intersection points or corners of minimum control. (See Manual Section 3-14 and 3-74) e. Junior line: A line surveyed and approved subsequent to an earlier line. (See BLM Glossary of Surveying and Mapping Terms) f. Senior line: A line surveyed and approved before another line. (See BLM Glossary of Surveying and Mapping Terms) 2. Key concepts: a. Areas returned to a corner. (See page 300, Course 2, Study Guide) b. Instruction Memorandum The principles contained in this memorandum are now a part of the 2009 Manual. (See Manual Section 6-28) c. For each type of monument covered under Controlling Intermediate Monuments make sure you understand: How it controls for alignment; How it controls for distance; How it controls for establishing corners and How it controls for reestablishing corners. d. How to determine the true point from a found witness corner. Make sure you understand the Manual procedure. (See pages , Couse 2, Study Guide and Manual Section 6-27) e. Kendal Stewart IBLA 190. Standard of evidence: 1) Substantial evidence is necessary to determine a corner existent and preponderance of the evidence to overturn an approved survey.

3 Substantial Evidence: More than a scintilla but less than preponderance or such relevant evidence as a reasonable person would accept as adequate to support a conclusion. Preponderance of the Evidence: Proof by information that, compared with information opposing it, leads to the conclusion that the fact at issue is more probably true than not. Conclusive Evidence: Evidence that cannot be contradicted by any other evidence. It is so strong as to overbear any other evidence to the contrary. Beyond Reasonable doubt: Evidence that establishes a particular point to a moral certainty and that it is beyond dispute that any reasonable alternative is possible. Clear and Convincing Evidence: Evidence that proves a matter by preponderance of the evidence that is required in civil cases and beyond the reasonable doubt needed to convict in a criminal case. 3. Course 2 Quiz: There are a few poorly written questions on the Course 2 quiz. We will be reviewing and update all the quiz questions in the near future, in the meantime the following comments should be helpful: a. There is a question about a meander line on a non-tidal water body and the answer is not correct. Meander lines are surveyed at the approximate Mean High Tide (MHT) line on tidally influenced waters and at the approximate Ordinary High Water Mark (OHWM) on inland waters. b. There is a question about the definition of government lot. The correct answer is A non-aliquot subdivision of a section but I believe a better definition is: A subdivision of a section that is not described as an aliquot part of the section, but which is designated by number. The key here is how the parcel is described. Aliquot parts of sections are often designated with lot numbers for various reasons. On the plat shown on page 316 of the 2009 Manual the remaining federal aliquot parts have been given lot numbers because the area differs by more than 5% from the original area. c. There is a question about why areas were left unsurveyed in an original survey. There are two correct reasons given and many other possible reasons: 1) not fit for agriculture, 2) difficult terrain, 3) island were often left unsurveyed, 4) budget restrains, etc. d. The definition of resurvey as contained in Cragin v. Powell: A resurvey, properly considered, is but a retracing, with a view to determine and establish lines and boundaries of an original survey;... but the principle of retracing has been frequently departed from where a resurvey (so called) has been made, and new lines and boundaries have often been introduced, mischievously conflicting with the old, and thereby affecting the areas of tracts which the United States had previously sold and otherwise disposed of."

4 Begin Course #3 e. A better definition of Independent Resurvey than that found in the question is: An official rerunning and remarking of the section lines intended to supersede the records of the original survey and establish new lines and subdivisions on public lands only. Any patented lands involved must be identified and segregated according to the original survey. Only the remaining area of the public lands may be resurveyed without regard to the original survey. f. An elongated section is: A section that exceeds 80 chains in length or width to such an extent as to require two or more tiers or ranges of lots adjoining the north or west boundary. g. A closing corner actually represents two points, the closing corner (monumented position) and the true point for the closing corner (the true point of intersection). A better definition than the one used in the questions is: A corner established where a survey line intersects a previously fixed boundary at a point between corners. The true point for the closing corner is located by law at the actual point of intersection without regard to its monumented location. The closing corner (monumented point) controls proportioning for reestablishing lost corners and establishing new corners on the closing line. The true point for the closing corner (true point of intersection) is the actual terminus of the line and marks the corner of the section. Reading Assignment, 2009 Manual: 1. Chapter 1 Sections 1, 3, 7 and 20: a. The Act of April 25, 1812 gave the Secretary of the Interior the authority to perform all executive duties appertaining to the surveying and sale of the public lands of the United States. b. The Act of April 8, 1864 gave the Secretary of the Interior the authority to survey the boundaries of Indian Reservations or other Indian lands. c. The Act of March 3, 1909 authorized the Secretary of the Interior to execute resurveys to mark the boundaries of public land. 2. Chapter 3 Sections 94 and : To read Algoma Lumber go to: bf9402b1b3cb/1/doc/50-3.pdf#xml Then scroll down to page 402. In Sections we see the Secretary of the Interior s understanding of the function of local surveyors (Registered Professional Land Surveyors). 3. Chapter 4: This chapter was included in the previous reading assignment. It was listed here because we will be discussing material from the chapter in Course #3. There will generally be a few questions on the exam that ask about cap marking or corner names.

5 4. Chapter 5: This chapter was included in the previous reading assignment. Portions are listed here because we will be discussing material from the chapter in Course #3. The assignment is for Sections and 28, but I suggest you read the complete section on Bone Fide Rights. You will find the definition for Dependent Resurvey in Section 5-10, Independent Resurvey in Section 5-12 and Retracement in Section a. To read Cragin v. Powel go to: b. To read United States v. Reimann go to: 5. Chapter 6: Make sure you understand the concept of Good Faith Location and Satisfactory Local Conditions. Notice that bone fide rights as to location can vest to an official resurvey. Carefully read : a. Section 6-17: Collateral evidence must include some component that relates to the position of the original survey corner, including measurement evidence, historical record, testimony, or any reasonable tie. b. Section 6-25: Three key points to consider when evaluating topographic calls. c. Section 6-27: Official methods to determine true point from a witness corner. Make sure you understand these methods. d. Section 6-45 through 6-49: Local Points of Control e. Section 6-50: Conditions that warrant protection of bone fide rights as to location. 6. Chapter 7 Sections 41 through 50, Make sure you understand: a. The proper procedure to reestablish a lost closing corner. For example how would the lost closing corner of sections 3 and 4 on the north boundary of a township be reestablished? Answer: Single proportion along the township boundary. b. The proper procedure to establish the ¼ section corner on the line closed upon. Where a section closes on the north boundary and the north ¼ section corner was not established in the original survey; how is that ¼ section corner to be established? Midpoint between the closing corners and on the senior line. c. How is the original closing corner used to establish corners on the closing line? (see the last paragraph, Section 7-45, 2009 Manual) d. How is the original closing corner used to reestablish corners on the closing line? (see the last paragraph, Section 7-45, 2009 Manual) 7. Chapter 8 Section 8-52: For a better understanding of navigability issues read Sections 8-21 through (Assignment #8 will include the entire chapter)

6 If you have questions or would like to discuss any of the material covered in Assignment #3 call or Ron Scherler, CFedS Training Support, at: Phone: