05 I Survey
05 I Survey
The Cadastral Survey process starts with either an individual beneficiary, Tribe, BIA or external
party (e.g. judicial direction) identifying a need for survey services. The inquiry is reviewed to
assure it pertains to Trust land and the interested party would benefit from survey services. If that
review affirms the need, supporting information is accumulated by BIA or the Tribe, which either
sends an informal request to BLM or decides to pursue non-BLM survey services. If resolution of
the need can be performed by a non-BLM source, the request is given to a private survey
contractor or performed by BIA or Tribal staff. Generally, there is no federal or local authority for
non-BLM surveys performed on Trust lands and BLM has no involvement in them.
Survey services may be needed to resolve a trespass, to develop or protect a natural resource, to
determine reservation boundaries for law enforcement purposes, or to provide a legal description
for any number of land management needs. If the informal request is sent to BLM, BLM
performs a preliminary analysis, and then describes and costs a proposed solution. BIA, in
consultation with individual requestors or Tribes, considers funding availability and importance
of the need and then assigns a priority (or puts the informal request on hold if a low priority). BIA
turns these informal requests into a list of formal requests and submits it to BLM with the priority
and funding identified. When work begins, BLM accumulates needed additional data and
pursues a research and analysis sequence, depending on whether a full Cadastral Survey or one or
more other services is required. After performing the survey or consultation service, official
records, written reports, and digital products or other results are prepared and distributed to BIA,
the Tribe, and /or requestor. Records in official systems are updated and annual reports are
developed and distributed.
Funds for Cadastral Surveys are provided by the BIA headquarters office to the BLM under a
national Interagency Agreement (IA) negotiated by both bureaus. This IA distributes funds to the
various BLM State Offices based on an emphasis for BLM/BIA Project Offices and prior year
commitments. BIA and BLM are currently working together developing a priority setting process
that places more emphasis on Regional Office priorities.
Receive & Evaluate Process, Evaluate & Prepare Cadastral Close Out
X Inquiry Prioritize Request Survey Service
Response
X X
A Cadastral Survey is a federally authorized and conducted land survey that shows and
records property boundary lines and official acreages. Cadastral Surveys create,
reestablish, mark, and define boundaries of tracts of federal interest and Indian Trust lands
for all resource management purposes. Cadastral Surveys are considered an inherently
federal function. These surveys, and the boundaries created or vested in the lands affected,
cannot be ignored, repudiated, altered, or corrected, unlike administrative or scientific
surveys of an informative character that may be amended with changing conditions or
because they are not executed according to the standards now required for accuracy.
Cadastral Surveys require detailed investigation on the history of land use as well as legal
and historical documents research matching physical evidence with these records. In the
majority of the United States, Cadastral Surveys are the framework from which original
title, legal land descriptions, private and other federal surveys originate.
As noted in Chapter 1, the specific Trust Strategic Goals and Objectives that relate to
Cadastral Survey services are as follows:
a) Strategic Goal 1 - Beneficiary Services
Enhance and maintain a beneficiary focus of providing service to and maintaining
communications with beneficiaries.
b) Strategic Goal 2 - Ownership Information
Verify, track, and maintain the land, natural resource, and fund asset ownership
information required to manage assets effectively and to provide beneficiary services.
Objective 2.2 Surveys
Establish accurate and up-to-date surveys to ensure correct boundaries for trust
individual and Tribal lands and any resulting revenue distribution.
Objective 2.3 Title, Realty, and Administrative Information
Develop, maintain, and make readily available accurate and current asset ownership
and administrative information that is managed to professional fiduciary standards.
c) Strategic Goal 3 - Land and Natural Resource Assets
Provide stewardship and management of land and natural resource assets in the best
interests of the beneficiaries, while fulfilling fiduciary and legal responsibilities.
Objective 3.1 Land and Natural Resource Asset Plans and Stewardship Strategies
Develop land and natural resource asset plans and stewardship strategies.
This step starts with an individual beneficiary, Tribe, BIA or external party (e.g. judicial
action) requesting survey services at a BIA Agency Office or directly to BLM. Events that
would trigger an inquiry for survey services may include: litigation, trespass situations,
need for homesites, conveyances, and resource development.
The inquiry is reviewed to assure it pertains to Trust land and the interested party would
benefit from survey services. Often, this review involves a field investigation of the
property in question by BIA Agency or Tribal staff. If that review affirms the need, BIA or
the Tribe accumulates supporting information and either develops a listing of survey needs
that become informal requests to send to BLM or decides to pursue non-BLM survey
services. For example, non-BLM sources are used when a survey is needed for Rights of
Way, construction purposes, or when a need is identified which has been determined to
have such a short time frame that BLM cannot respond in a timely manner. If resolution of
the need can be performed by a non-BLM source, the request is contracted to a private
surveyor or performed by BIA Agency or Tribal staff.
If the survey service is to be performed by BLM, the BIA Agency Office forwards the
inquiry to the BIA Regional Office. Tribes contact BLM directly if the Tribe will be
providing the funding. The BIA Regional Office then prioritizes the list of needs identified
by all the BIA Agencies within the Region and determines if funding is available. This is
usually performed once or twice a year. After the prioritization and funding has been
completed, the BIA Regional Office sends a listing of informal requests to BLM for review.
There are currently 12 Cadastral Survey Project or Field Offices, each established to serve a
specific Tribe or BIA office. These offices are managed by BLM Cadastral Surveyors and
may be staffed by BLM, BIA, and Tribal employees. Because of the close working
relationship between these offices and BIA and the Tribes, initial inquiries for Cadastral
Survey services are generally prioritized here. In Regions with Project Offices, funds for
surveys may have been allocated under a local agreement with BIA, and in some cases, a
Tribe provides funds, people and other resources.
S.1 S.1.4
Ref erral to Correct
Entity (BIA or Tribe)
Events:
Consultation Request to BLM by
Walk-in, Phone, Email or Field
Meeting Inf ormal BLM
Written Correspondence Consultation Serv ices
S.1 S.1.5
Beneficiary involvement in this process step involves making the initial inquiry as well as
supplying information to define the issue.
a) There is no standardized way to evaluate and process needs. Every region and agency has
different methods to identify survey needs. Different staff within BIA are employed to
process the needs once identified, such as Rights Protection Specialists, Natural Resource
Officers, and Realty Officers. Other federal entities, Tribes, and private individuals identify
needs.
b) Private companies are working with Tribes to conduct surveys of Trust lands and allotments
without the involvement of BIA or BLM. Information and records are not being shared once
the survey is completed. Some Tribes feel this information is proprietary.
c) Where Project Offices exist, the Cadastral Survey services process is condensed due to the
close working relationships between the Tribes, BIA and BLM staff. Project Offices are
funded by long-term agreements between BIA and BLM; however, these arrangements allow
low-priority projects to take precedence over higher-priority needs of some regions.
d) Some Title Status Reports contain inaccurate ownership information and legal descriptions
not based on current surveys. Frequently, encumbrances such as Rights of Way are not
consistently recorded. The same has been reported with Probate Orders.
An individual Indian landowner, Tribe, or BIA Agency representative will identify a situation in
which a Trust asset may require a boundary determination. A survey service may be needed to
resolve a trespass, to develop or protect a natural resource, to determine reservation boundaries
for law enforcement purposes, or to provide a legal description or location for a homesite. An
infrequent but significant activity results from congressional or legal actions or mandates that
may require surveys. At this stage of the process, most inquiries are handled informally by BIA
or the Tribes at Field Office locations and are evaluated on a case-by-case basis to determine if
(1) the lands are Trust, (2) the individuals involved are Indian and entitled to a service, and (3) a
survey or consultation service will contribute to the resolution of the problem. Often the
individuals making the inquiry are not aware of the services available or how to acquire those
services. The events that would trigger an inquiry for survey services include:
a) Litigation
b) Identified Unsurveyed Land
c) Law Enforcement Request
d) Lease Compliance Findings
e) Fee Patents - contribution of funds by Indians/non-Indians for survey
f) Fee Patents - sales of portion of allotment require survey
g) Environmental Issues
h) Resource Development (timber sales, short term leasing of resources)
i) Trust to Fee Sales
j) Fee to Trust Transaction (surveyed by private contractor)
k) Landowners Disagreement
l) Encroachment/Trespass (potential rights protection issue)
m) Homesite Lease Requests in a Given Area
BLM State Offices and BLM/BIA Project Offices frequently work with Tribes and BIA Agencies
to help them identify their needs and help determine the best solution. Resource development or
lease compliance inspections may identify boundary related problems, which could require
further field investigations by BIA Agency staff or BLM Project Office staff to determine the
validity of the need.
Inputs:
Prev ious Field Inspection
Report Need Identif ied Outputs:
Certif icate of Inspection Field Inspection Report (e.g.
and Possession Lease Compliance Report)
Phase 1/NEPA Surv ey Determination of Validity
Aerial Photography of Need
GIS Inf ormation Decision Not to Proceed
Land Use Inf ormation S.1 S.1.1
Tribal Surv ey s and
Other Records
Probate Orders
Maps
Title Records
Mechanisms:
BIA GIS
Tracking Database
This step can be a very short timeframe event and may be handled at the moment the inquiry is
received in a BIA or Tribal office. However, in some cases this process could be extensive
involving Natural Resource Specialists, Rights Protection Specialists, Realty Staff, attorneys and
individuals familiar with the area of concern and the associated issue. Additional research is often
performed and a field inspection of the subject area may be required. BLM staff is often involved
with BIA or the Tribe in analyzing the need and determining the most appropriate action. At
times, consultation with DOI Solicitors and/or private attorneys is necessary to clarify the
situation. After analysis, if BIA or the Tribe decides to move the request forward, a decision is
made to either request a Cadastral Survey service from BLM or to pursue a survey service from a
non-BLM source.
Obligations:
Executiv e Orders
43 USC 2, 772, 1737
25 USC 176,180
ILCA Decisions
PL 93-638 Controls:
Acts of Congress Funding
25 CFR TSR
43 CFR Workf orce Av ailability
Events: Treaties Skills
Inf ormal Inquiry f or Surv ey Serv ices Tribal Land Use Policy Time Requirement
to Agency /Tribe/Region
Lease Compliance Findings
Mechanisms:
BIA GIS
LRIS
IRMS
A&E Card File
Allotment Folders
Tracking Database
Figure 4.3.8- 4 Assess Needs and Determine Appropriate Action IDEF (0)
Surveys from non-BLM sources include those acquired via contracts between state licensed
private surveyors and BIA, individuals or a Tribe; those performed by BIA or Tribal survey staff;
or those acquired from third party sources who contracted the survey in concert with another
activity such as the development of timber resources or acquisition of Rights of Way. Individuals
may acquire this type of survey at their expense without informing BIA or the Tribe even though
the survey may affect Trust interests. These surveys may or may not establish boundary
monuments or recordable documents such as plats (the drawing which represents the particular
area included in a survey) and are often considered by the requestor to be administrative in nature.
The requestor often assumes that these administrative surveys do not need to be completed under
normal state or federal survey authorities. This type of survey is often used to identify allotment
boundaries for fencing or residential construction. Generally, there is no professional oversight
provided for these surveys by BIA or the Tribes. These surveys have been used to create new
legal descriptions of Trust lands and in trust-to-fee and trust-to-trust conveyances. BLM is not
involved with these surveys.
Obligations:
Executiv e Orders
Statutes
25 USC 176, 180
ILCA Controls:
Events:
Acts of Congress Tribal Resolution
Request f or Non-BLM
PL 93-638 Funding
Serv ices
25 CFR Title Status Report
Critical Short-Time Frame
43 CFR Workf orce Av ailability
Ev ent (Non-BLM serv ices
State Law Skills
contracted f or partitionment
Treaties State Law
of non-riparian
Tribal Ordinances Permits
areas, homesites,
Tribal Land Use Policy Lease Contracts
new f ences built,
Business Lease
homesite boundary dispute,
accretion, f looding,
land exchange, Rights of Way )
Inputs:
Field Inspection Report
(e.g. Lease Compliance
Report) Outputs:
Prepare Request f or Surv ey (Certif ied)
Maps
Surv ey Serv ices f rom Owner Name and
Plats
Non-BLM Source Location
Aerial Photography
Title Records Site Description and
Local Land Records Field Sketch
GIS Inf ormation S.1 S.1.3 Non-BLM Surv ey s
Application f or Housing Site
Existing Surv ey s (Federal,
Priv ate)
A&E Cards
Mechanisms:
BIA GIS
LRIS
IRMS
ICCC
A & E Card File
Allotment Folder File
Internal Database
NARA
BLM Lands and Records
Sy stem
Figure 4.3.8- 5 Prepare Request for Survey Services from Non-BLM Source IDEF (0)
A listing of needs for BLM Cadastral Survey services is developed, generally at the BIA Agency
or Tribal level. The informal list will include both newly identified needs and older requests for
surveys that may have been backlogged for many years. BIA Agencies or the Tribes forward the
list of informal requests, and on occasion a formal request, to the BIA Regional Office for
prioritization and funding. In Regions with Cadastral Survey Project or Field Offices, the requests
may be prioritized at the BIA Agency or Field Office level in consultation with BLM. In BIA
Regions with Project Offices, funds for surveys may have been agreed to under a local agreement
with BIA and priorities are developed between the Project Office, BIA Agency, and the Tribe. In
some areas, especially BIA Agencies or Field Offices without Superintendents or Field
Representatives, the informal priority setting process is accomplished at the Regional level and
may involve individual requestors or Tribes.
Obligations:
Executiv e Orders
Statutes
43 USC 2, 1737
25 USC 176,180
ILCA Decisions Controls:
Acts of Congress Tribal Resolutions
PL 93-638 Funding
25 CFR Title Status Report
Events: 43 CFR Workf orce Av ailability
Inf ormal Request f rom Treaties Skills
Agency to Regional Tribal Ordinances Permits
Of f ice or as needed Tribal Land Use Policy Lease Contracts
Backlog of Requested
Surv ey s
Inputs:
Outputs:
Field Inspection Report
Prioritized Inf ormal
Maps
Prepare Inf ormal Requests by Agency /
Plats
Request f or BLM Field/Tribal to Region
Aerial photography
Serv ice Prioritized Request by
Title Records
Region to Central
Local Land Records
Planning Meeting Results
Deeds
Requests to BLM by Tribes
GIS Inf ormation S.1 S.1.4 Request f or Consultation
State Records
with Solicitor's Of f ice
Cadastral Plats & Notes
List of New Requests
A&E Cards
Mechanisms:
LRIS
IRMS
ICCC
A & E Card File
Allotment Folders
BIA GIS
Internal Database
BLM/GLO Cadastral Plats and
Field Notes Sy stem
NARA
BLM Lands and Records Sy stem
Figure 4.3.8- 6 Prepare Informal Request for BLM Service IDEF (0)
Questions regarding survey, ownership, or land records are addressed to BLM Cadastral staff
working in State, Field, or Project Offices. Individuals, Tribal staff, attorneys, or other specialists
working in Indian Country will initiate an inquiry, which may be simple to complete or may
require considerable time and resources. If the inquiry cannot be adequately addressed in a
minimum amount of time by BLM staff, the inquiry is referred to BIA or the Tribe for further
consideration. These informal consultations may end with a Cadastral Survey, a non-BLM
survey, or other consultation service, but usually end with the inquiry being addressed.
Obligations:
Executiv e Orders
Statutes
25 USC 176, 180
ILCA Decisions
Acts of Congress
PL 93-638 Controls:
25 CFR Workf orce Av ailability
43 CFR
Lack of Knowledge or
Trust Obligation
Events: Public Awareness
Treaties Funding
Consultation Request to BLM by
Manual of Surv ey
Walk-in, Phone, Email or Field
Instructions, 1973
Meeting
Written Correspondence
Inputs:
Phone Call
Email
Walk-ins
Field Meeting
Written Correspondence Inf ormal BLM
MTPs/HIs Consultation Serv ice Outputs:
Patents
Questions Addressed
Cadastral Plats and Notes
Ref erral to Correct Entity
BIA Land Status Plats/
Adv ice on GPS Procedures
Tract Books
Tribal Status Plats S.1 S.1.5
Agency Status Plats
Aerial Photography
Institutional Knowledge
Existing Surv ey s (Federal,
Priv ate)
Mechanisms:
Cadastral Surv ey Group File
GCDB
BLM Lands and Records Sy stem
BLM/GLO Cadastral Plats
and Field Notes Sy stem
NARA
An informal list of needs for a survey or survey service is submitted to BLM from BIA or a Tribe.
BLM performs a preliminary analysis, and then describes and costs a proposed solution. BIA or
the Tribe, in consultation with the requestor, considers funding availability and importance of the
need and then assigns a priority (or puts the informal request on hold if a low priority). BIA or
the Tribe then resubmits to BLM a formal request for a survey with the priority and funding
identified. At any time during this process, BLM may also identify to BIA future survey projects
for consideration that BLM found in the course of other Cadastral Surveys or the identification of
important unsurveyed lands.
BLM Ev aluation
Analy sis
X
BIA/Tribal Ev aluation &
S.2 S.2.1 Decision
S.2 S.2.2
Beneficiary involvement in this process step involves providing additional information when
necessary.
a) Funds are being allocated each fiscal year by BIA, but are not being distributed to BLM
offices for six to eight months after being identified.
An initial list of needs for surveys is prioritized by the BIA Regional Office and, through
consultation with the BLM State Office, a rough estimate of the cost and scope of the survey
project or service is developed. This is an iterative process between BLM and BIA. Through
discussions between BLM and BIA a determination is made on whether or not BLM can resolve
the request with an official Cadastral Survey or some other service. Upon completion, the
estimate and proposed solution are returned to BIA or the Tribe for consideration.
Obligations:
43 USC 2, 751, 752, 753
25 USC 176, 772
PL 93-638
FLPMA
Court/Congressional
Orders
IBLA Decisions
Manual of Surv ey
Controls:
Instructions, 1973
Events: Funding
State Law Workf orce Av ailability
Inf ormal Request f or Treaties
Surv ey Serv ices Skills
Case Law/Decisions
Local BLM Policy
IA: AG2000K039
Local IA/MOU
Inputs:
Inf ormal Request
Request f or Consultation
Certif ied TSR / Abstract
Current Deeds
Existing Surv ey s (Federal, Priv ate) BLM Ev aluation
Court Documents Analy sis
Certif ication of Inspection / Possession Outputs:
Unwritten Rights BLM Report on
Proposed Solution
Purpose of Transf er Description
Legal Description Rev iew Cost Estimate
Standardized Inf ormal& Formal S.2 S.2.1
Request Form
Adjoining Fee Land Inf ormation
BIA Land Status Maps
Historical Records Mechanisms:
Institutional Knowledge BIA GIS
GCDB BLM GIS
MTPs/HIs NSRS
Cadastral Plats & Notes GCDB
BIA Land Status Plats/Tract Books LR 2000
USGS Sources
BLM/GLO Cadastral Plats
& Notes Sy stem
BLM Lands and Records Sy stem
GLO Records
Automation Sy stem
BIA Land Status Maps
The BIA Regional Office, BIA Agency or Tribe evaluates the proposed solution, including a cost
estimate, provided by BLM and makes a decision on whether or not to proceed. If the decision is
affirmative, BIA or the Tribe will notify BLM of the decision with funding identified. Generally,
the surveys will be accomplished on a reimbursable basis by BLM from appropriations made
available to BIA. Some Tribes and BIA offices will place funds for surveys or services on
deposit to be directly charged by BLM. If the decision is not to proceed, the BIA Regional Office
may place the need in a backlog position for future reconsideration or may advise the requestor
that the need will not be addressed.
Funds for Cadastral Surveys are provided by the BIA Headquarters Office to the BLM under a
national Interagency Agreement (IA) negotiated by both bureaus. This IA distributes funds to the
various BLM State Offices based on an emphasis for BLM/BIA Project Offices and prior year
commitments. The BIA Regional Offices then identify specific projects not handled by Project
Offices for funding.
Obligations:
43 USC 2
PL 93-638
State Law
Case Law/Decisions
IBLA Decisions Controls:
State Regulations Funding
IA: AG2000K039 Workf orce Av ailability
Local IA/MOU Skills
Events:
None
Inputs:
Proposed Solution
Cost Estimate
Request f or Consultation
Certif ied TSR / Abstract
Current Deeds
Existing Surv ey s (Federal, Priv ate)
BIA/Tribal Ev aluation &
Court Documents
Decision Outputs:
Certif ication of Inspection / Possession
Unwritten Rights Rev ised Cost Estimate
Purpose of Transf er Description Decision
Legal Description Rev iew Formal request
Project Specif ic Inf ormation S.2 S.2.2
Standardized Inf ormal& Formal
Request Form
Deeds of Adjoiners
Adjoining Fee Land Inf ormation
BIA Land Status Maps
Historical Records
Institutional knowledge
GCDB
Cadastral Plats & Notes Mechanisms:
Local Land Records BLM/GLO Cadastral Plats
& Notes Sy stem
GCDB
BLM receives the prioritized formal request from BIA or a Tribe and assigns the work internally,
frequently entering it in a queue. BLM initially accumulates needed additional data or
requirements from the requestor and pursues a research and analysis sequence. If a Cadastral
Survey is not required, one or more other BLM survey-related service may be requested. Services
other than a Cadastral Survey provided by BLM to BIA and beneficiaries may include:
a) Geodetic Control
b) Expert Witness Service
c) Maps and Diagrams
d) Geographic Coordinate Data Base (GCDB)
e) Boundary Investigation Reports
f) Record Investigation
g) Review or Writing of Legal Descriptions
h) River Movement Studies
i) Response to Request for Technical Advice
j) Workshops (Training)
Events:
Problem Solv able by
Surv ey or Other Serv ice
S.3 S.3.4
- Congressional Inquiry
- FOIA Requests
- Alaskan Allotments
(original surv ey )
- Fee to Trust Applications Assign Preparation of Assess/Prioritize/
Response Research Response
Surv ey Consultation
and Other Serv ices
S.3 S.3.3
The Cadastral Survey staff within a BLM State Office will receive the prioritized formal
requests from BIA or a Tribe and will assign an individual to begin the research required
to prepare the response.
Obligations:
43 USC 17,52,751,
752,753,772, 1711(b)
FLPMA
Executiv e Orders
Presidential Proclamation
IBLA Decisions
Statutes
Events:
Case Law/Decisions
Problem Solv able by
Legislation
Surv ey or Other Serv ice Secretarial Orders Controls:
- Congressional Inquiry Funding
Public Land Orders
- FOIA Requests Workf orce Av ailability
Treaties
- Alaskan Allotments BLM Admin Manual
25 CFR
(original surv ey ) Solicitor Rev iew
43 USC
- Fee to Trust Applications PL 93-638
Policies
Inputs:
Special Land Designation
BLM Report on Proposed Solution
Request f or Surv ey Form Assign Preparation of
Request f or Consultation Serv ices Response
Certif ied TSR / Abstract Outputs:
Current Deeds Request is Assigned to
Existing Surv ey s (Federal, Priv ate) Of f ice Staf f
Court Documents S.3 S.3.1
Certif ication of Inspection / Possession
Unwritten Rights
Purpose of Transf er Description
Legal Description Rev iew
Prioritized Formal Request
Cadastral Plats and Notes
Package f rom BIA
Mechanisms:
Surv ey Tracking
BLM/GLO Cadastral Plats
and Field Notes Sy stem
The BLM Cadastral Survey staff conducts in-depth research of historical, survey, land
and ownership records, federal and state court decisions, OHA/IBLA decisions, statutes,
and regulations that are necessary to perform a Cadastral Survey or provide another
service. If the findings of the research determine that a significantly different cost
estimate or approach is needed from what was initially proposed, then the requestor will
be notified for a final decision. As required, fund authorization documents and
Interagency Agreements (IA) may be prepared by BLM and BIA for the project or
projects.
Obligations:
43 USC 17,52,751,
Obligations: cont'd
752,753,772, 1711(b)
IA: AG2000 K039
OMB circular A-16
Local IA/MOU
FLPMA
Presidential Proclamation
Executiv e Orders Controls:
PL 93-638
Manual of Surv ey Funding
Policies
Instructions, 1973 Workf orce Av ailability
43 CFR E
IBLA Decisions Skills
Statutes Landowner/User/Tribal
Events: 25 CFR Consent
None Case Law/Decisions Weather
Legislation Terrain/Topography
Secretarial Orders BLM Admin Manual
Treaties Solicitor Rev iew
Logistics
Equipment
Inputs: Skill Ref resh
Special Land Designation
Existing Surv ey s (Federal, Priv ate)
Package f rom BIA
Special Considerations Outputs:
Prioritized Formal Request Decision f rom BIA
Proposed Solution Assess/Prioritize/ Estimated Cost
IBLA Decisions Research Response Resource Requirements
Internal Administrativ e Decision Completed 1681-3 Form
Land Acquisition and Local IA/MOU
Disposal Documents Cadastral Surv ey
Solicitor Requests S.3 S.3.2 Group File
Inf ormation f rom Landowner/Tribe Proposed Solution
Inf ormation f rom Tribe Completed 4120-9 Form
BIA Land Status Maps Mechanisms:
Cadastral Plats and Notes BLM GIS/ArcInf o
MTPs/HIs NSRS
Local Land Records GCDB
Court Documents LR 2000
Request f or Surv ey Form BLM Lands and Records
Request f or Consultation Serv ices USGS Sources
NARA Records Cadastral Surv ey Group File
BLM/GLO Cadastral Plats and
Field Notes Sy stem
Internet
Local Ownership Records
NARA
1681-3 Form
4120-9 Prof f er of Monetary
Contributions Form
BLM provides consultation and other services to BIA and beneficiaries to resolve specific
needs. These products or services may be in addition to a Cadastral Survey but
frequently stand alone. The results of one of these services or products could indicate a
need for a subsequent Cadastral Survey. The deliverable products or services may
include one or more of the following examples:
a) Geodetic Control
b) Expert Witness Service
c) Maps and Diagrams
d) Geographic Coordinate Data Base (GCDB)
e) Boundary Investigation Reports
f) Record Investigation
g) Review or Writing of Legal Descriptions
h) River Movement Studies
i) Response to Request for Technical Advice
j) Workshops (Training)
Obligations:
Obligations: cont'd 31 USC 1535
43 USC 1711 (b)
Secretarial Orders
OMB Circular A-16
Treaties
FLPMA
Presidential Proclamation
43 CFR E
Policies
IA: AG2000 K039 Executiv e Orders
Local IA/MOU Manual of Surv ey
Instructions, 1973
IBLA Decisions Controls:
Events:
Requests f or Serv ices Statutes Funding
From BLM Case Law/Decisions Workf orce Av ailability
Legislation Terrain/Topography
PL 93-638 Logistics
Equipment
Inputs:
Special Land Designation Outputs:
Package f rom BIA Geodetic Control
Existing Surv ey s (Federal, Priv ate) Expert Witness Serv ice
Maps
Special Considerations
Prioritized Formal Request Diagrams
Surv ey Consultation GCDB
Proposed Solution and Other Serv ices
IBLA Decisions Inv estigation Reports
Internal Administrativ e Decision Record Inv estigation
Legal Description Rev iew
Land Acquisition and
Disposal Documents Report
Solicitor Requests S.3 S.3.3 Riv er Mov ement Studies
Request f or Opinion Eroded Lot Studies
Request f or Training Other Boundary Studies
Federal Court Decisions Response to Request f or Opinion
Response to Request f or Training
NARA Records Mechanisms:
Cadastral Surv ey Group File Administrativ e Surv ey s
GCDB
MTPs/HIs LR 2000
Cadastral Plats and Notes BLM GIS ArcInf o
BIA Land Status Maps NSRS
Local Land Records BLM/GLO Cadastral Plats
and Field Notes Sy stem
BLM Lands and Records
Sy stem
USGS Sources
Cadastral Surv ey Group File
NARA
MIS
Cuf f records
Local Ownership Records
Note: Because of the complexity of the various types of Cadastral Surveys performed by
BLM and recent modeling and reengineering efforts that have been completed, a decision
was made at the beginning of the As-Is Model study not to focus on this aspect of the
process. Documents already exist that model this activity.
This activity is typically executed by BLM staff operating from BLM State Offices and/or
BLM/BIA Project or Field Offices dedicated to performing work on behalf of BIA or a
Tribe. The Cadastral Survey process is complex and may generate numerous electronic
and paper records and files. Some of the records are legal instruments required by law in
order to perform a survey and must be retained as permanent records of the United States.
In some instances, during the course of completing the survey, information is created that
moves to process step S.3.3 for completion of other products; e.g. maps, diagrams, GCDB
data.
The Cadastral Survey process may be performed in a matter of weeks or it may require
years to complete depending upon the magnitude, complexity, legal issues, and
availability of funding for the project. BIA, BLM and Tribes have partnered in about 12
locations to establish Cadastral Survey Project or Field Offices dedicated to performing
surveys for extended periods for a Tribe or geographic region. In some locations, BIA or
the Tribes may contribute facilities, resources and staff for the survey activity as outlined
in Interagency Agreements (IAs) or Memorandums of Understanding (MOUs).
Tribes and some BIA offices have contracted for surveys from non-BLM sources and the
disposition of the results of these surveys varies greatly. In addition, there is no central
repository for the records, if they were produced. Some Tribes have acquired surveys or
related services from private contractors or their own staff. Tribes often hold that these
records are proprietary and may not make them available to BIA or other record keeping
entities.
S.4 S.4.3
Distribute Cadastral Update Cadastral
Inf ormation Inf ormation & Take
Appropriate Action
X &
S.4 S.4.4
Beneficiary involvement in this process step involves Tribal updates of their records.
Additionally, beneficiaries may be notified of and involved in the final resolution of the action
taken to resolve the original need
Tribes and some BIA offices have contracted for surveys from non-BLM sources and the
disposition of the results of the surveys varies greatly. In addition, there is no central repository
for the records, if they were produced. Some Tribes have acquired surveys or related services
from private contractors or their own staff. Tribes often hold that these records are proprietary and
may not make them available to BIA or other record keeping entities.
Obligations:
Departmental Regulations
Statutes
43 USC 14, 52
Internal BLM Policy
IA: AG2000 K039
Events:
Surv ey is Approv ed and Controls:
Of f icially Filed BLM Administrativ e
Non-BLM Surv ey Produced Manual
Surv ey Consultation
Completed
Distribute Cadastral
Inf ormation Outputs:
Inputs:
Approv ed and Filed Surv ey
Approv ed and Filed Surv ey
Product of Consultation
Results of Consultations
Non-BLM Surv ey Products
Non-BLM Surv ey Products
Closed 7130 Accounts
S.4 S.4.1
Mechanisms:
Surv ey Tracking
Record keeping offices include the BIA Regional and Agency Offices, BIA Land Title and
Records Offices , BIA Title Servicing Centers and BLM State Office Public Rooms. These
offices will update various manual and automated record systems reflecting changes in legal
descriptions and acreages. Timing or content of updates often are not synchronized. BIA and the
Tribes usually file survey results with a project file but do not maintain separate survey record
files. The process ends when appropriate action has been taken to resolve the need of the
requestor. The action may be an administrative remedy or may involve litigation.
Obligations:
25 CFR 150
43 CFR
OMB Circular A-16 Controls:
Tribal Ordinances/ BLM Records Manual 1220,
Statutes
Events: 1270, 1275
Tribal Land Use Policy
Surv ey is Approv ed and IA Manual
Tribal Resolutions
Of f icially Filed
Non-BLM Surv ey Produced
Surv ey Consultation
Completed
Update Cadastral
Inputs: Inf ormation & Take Outputs:
Approv ed and Filed Surv ey Appropriate Action Sy stems & Records
Results of Consultations are Updated
Non-BLM Surv ey Products Action Taken
S.4 S.4.2
Mechanisms:
LRIS
IRMS
BLM Lands and Records Sy stem
GCDB
LR 2000
AFMSS
BLM GIS/ArcInf o
BLM/GLO Cadastral Plats
and Field Notes Sy stem
BIA GIS
CS database
Microf iche sy stem
FFS
BLM Surf ace Ownership Map
Figure 4.3.8- 18 Update Cadastral Information & Take Appropriate Action IDEF (0)
Annual reporting requirements are usually performed at the end of the fiscal year. Reports
include an annual report to BIA on accomplishments; final reports of expenditures and
accomplishments tracked in BLM’s Management Information System (MIS); GPRA reports; and
published annual Public Land Statistics.
Obligations:
GPRA
Congressional Requirements
f or Public Land Statistics
IA: AG2000 K039 Controls:
Local IA/MOU Memorandums
Events:
End of Fiscal Y ear
MIS Update
Various Annual Reports
Ad Hoc HQ Reports
BLM Administrativ e
Inputs: Reporting Outputs:
Surv ey Tracking Reports Dev eloped
MIS Inf ormation and Distributed
Financial Inf ormation MIS Updated
Public Land Statistics
S.4 S.4.3
Mechanisms:
Surv ey Tracking
MIS
BLM Lands and Records Sy stem
FFS
Cadastral Surv ey Group File
Annual reporting requirements are usually performed at the end of the fiscal year. The BIA
Annual Reports of Indian land activity to Tribal Offices and the BIA Central Office are developed
and delivered.
Obligations:
PL 93-638
Self -Gov ernance
Compacts Control:
GPRA IA Manual
Events: Tribal Resolutions
Surv ey is Approv ed and Memorandums
Of f icially Filed
Non-BLM Surv ey Produced
Surv ey Consultation
Completed
BIA/Tribal
Inputs: Administrativ e
Reporting Outputs:
Approv ed and Filed Surv ey
Reports Dev eloped and
Consultation Results
Distributed
Non-BLM Surv ey Products
S.4 S.4.4
Mechanisms:
LRIS
IRMS
Internal Database
Title Records
BIA Rosebud Agency Office Role BIA Agencies have in-house Procedural According to 25 USC 176, Medium Medium
survey staff – Survey surveys on Indian lands will
Technicians. be under the direction and
control of BLM. These
surveys are not being
recorded into the federal
land record system as
official acts of the U.S.
BLM Wyoming State Office Inputs Nebraska Natural Resource Procedural Minimal, another source of Low Minor
Commission, status maps. information and maps.
BIA Regional Office Mechanism MAD – Management Accounting System Region- and Agency- High Medium
and Distribution database is used. specific computer systems
may decrease the effort
required to complete local
Trust activities. These
systems, however, may
increase the complexity of,
and investment in,
information support as
compared to common
mechanisms.
Turtle Mountain Band of Role Have in-house Tribal survey staff. Tribal Policy According to 25 USC 176, Medium Medium
Chippewa Indians Tribal Land surveys on Indian lands will
BIA Regional Office Organization The USDA provides rural Federal Law Workload issue, may not be Low Medium
development loans that may enough manpower to
require surveys. complete all the cases.
BIA Regional Office Roles Archeologist identifies survey Federal Law Another method of Medium Major
needs as part of required identifying needs.
compliance activities.
Antiquities Act
BIA Great Lakes Agency Roles The Forestry Manager does Field Procedural Another method of Medium Minor
Office Inspections which may identify identifying needs.
the need.
BLM Eastern States Office Outputs Notice of pending filing of Procedural Before filing the survey, it Medium Minor
approved surveys is published. is published in local papers
and in the Post Office.
BLM Eastern States Office Mechanism Private archives of survey records Procedural Another source of records Low Minor
are used. research.
Mille Lacs Band of Role Director of Real Estate updates Procedural None. Low Minor
Chippewa Indian GIS and manual files from the
private surveyors. Also, have an
Eastern Region Organization HUD requires surveys for Federal Law Workload issue, not enough Low Medium
housing sites, leases, and manpower to complete all
financial aid. the cases.
BIA Regional Office Obligations Special Acts of Congress and Federal Law Surveyors must use these as High Major
with states for fee to trust considerations when
transactions. These are surveying colonial states.
agreements made prior to the
formation of the US between
Alaska Region Process BIA and BLM staff hold regular Federal Law Both BIA and BLM have a High Major
BLM Alaska State Office Description meetings to develop the Alaska Procedural Strategic Plan from which
Output Strategic Management Plan to work in order to develop
which identifies and prioritizes plans on achieving survey
multi-year survey needs as needs. BLM issues
required by various federal laws original conveyance to the
pertaining to Alaska. Essentially allottee and BIA must
all surveys are conducted for process and record the
original conveyance of lands to Trust transaction.
individual allottees or to native
villages or corporations. Funds
for these surveys are provided by
appropriations to BLM or on a
reimbursable basis by BIA.
Much of the field work associated
with Cadastral Surveys is
accomplished under authority of
PL 93-638 by native corporations
and Tribal consortiums with
oversight by BLM.
1906 Native Allotment Act
Alaskan Native Claims
Settlement Act of 1971
Alaska Natural Interest Lands
Conservation Act
1926 Alaska Native Townsite Act
Point Hope Act
1998 Viet Nam Veterans
Allotment Act
Alaska Region Organization BIA must request the Veterans Federal Law Adds complexity to the Medium Major
Administration verify the status process as another Federal
of veterans in order for them to Agency is involved.
receive a new allotment.
1998 Viet Nam Veterans
Allotment Act
Realty Service Providers Comments Realty Service Providers is a Federal Law Organizations other than High Major
Tribal Realty Offices generic term used in Alaska to Procedural BIA are providing realty
indicate realty services provided services resulting in a
by the BIA Region, Field Office, duplication of realty
single Tribe under PL 93-638, or services.
consortium (i.e. Tanana Chiefs
Council). There are 30 Tribal
Realty Offices that perform this
work.
PL 93-638
Tribes Organization Tribes and RSP’s are performing Federal Law The survey may not be High Major
Realty Service Providers field work associated with completed and may not be
Cadastral Surveys under contract. performed to the standard.
Tribes often subcontract to There could be a possible
private survey contractors. conflict of interest.
PL 93-638
Tribal Initiative
BLM Cadastral Staff Role BLM provides oversight for Federal Law A major workload that High Major
contracts. This oversight includes Procedural impacts BLM’s ability to
contract preparation, negotiation, provide other services.
monitoring and inspection, and
product review. BLM must also
approve the final product.
PL 93-638
BLM Alaska State Office Inputs In the case of original Alaskan Federal Law The lengthy application High Major
Allotment Act
BIA Agency Office Organization The Alaska Title Service Center Procedural Duplicate files are used for Medium Minor
provides records for research research instead of the
purposes when identifying official LTRO records.
information associated with an
allotment.
BIA Agency Office Events The Agency Offices receive Procedural Used to prevent High Minor
Tribe requests for surveys to partition fractionation of land. Too
allotment via Gift Deed many requests coming in
Application, Trust to fee sales, than can currently be
estate splits. handled by BIA or BLM
due to funding constraints.
BIA Agency Office Events There is a backlog of need to Procedural Beneficiaries are unable to Medium Minor
survey aliquot part described locate their allotment
allotments. boundaries due to funding
constraints.
Private Contractors Organization Private contractors provide Procedural Some surveys cannot be High Medium
support such as aircraft services, completed without this
living quarters, food services, support. Aircraft support
equipment, etc. must be provided by OAS
operators, only.
Alaska Region Control BIA Alaska has its own unique Procedural Have different procedures Medium Medium
realty manual – BIA Alaska than the realty manuals in
Realty Manual. the lower 48.
Other Role Applicant allottee has the Procedural The allottee may not High Major
opportunity to review and approve the survey and the
approve the location of the survey process has to start over.
prior to conveyance.
BLM Alaska State Office Comment Alaska BLM has a unique Procedural A departure from the Low Minor
internal policy on distribution on procedures identifying an
approved but not officially filed “official survey” in the
various Tribes.
Alaska Title Service Center Mechanism Access database used for tracking System Stand-alone system Low Minor
allotment and related information. developed in-house by the
Alaska Title Service
Center.
BLM Alaska State Office Mechanism Scanning system for survey System Digitized survey records Medium Minor
records. making for faster record
retrieval and distribution.
Tribes Input Tribes authorize survey work Tribal Law Permission to proceed with Medium Major
under Tribal Resolution and may survey is needed before
perform the survey work. work begins.
Table 4.3.8- 5 Northwest Region Cadastral Survey Variances
Areas Affected by the Category Variance Description Reason for Business Impact Degree Difficulty
Variance Variance of of
Business Change
Impact
Tribes Organization Other federal entities, such as Federal Law Other federal entities are Medium Major
National Parks Service, National involved in the process to
Forest Service, US Fish and provide for environmental
Wildlife may provide funds and protection.
assistance to Tribes for land
acquisitions and surveys.
Endangered Species Act
BIA Regional Office Events There is an existing need to Federal Law Workload issue, not enough Low Medium
survey pre-1966 Trespass cases, manpower to complete all
200 exist but only 1-2 a year can the cases.
be resolved.
2415 Claims
BIA Regional Office Events There are 200-300 HUD housing Federal Law Workload issue, not enough Low Medium
Tribes Process When BIA is funding a Project Procedural Project Offices create a High Medium
BIA Agency Offices Description Office or funds are contributed by streamlined process that
BLM Project Offices Tribes, the BIA Regional Office reduces the time to move
is not involved in identifying the through the process.
needs.
BIA Regional Office Comment There is an inconsistency within Procedural Some survey needs are Low Minor
the region on funding different never addressed, as the
types of survey needs, i.e. Tribes cannot afford them.
allotments for some Tribes are
being funded by BIA and others
are required to provide their own
funds.
BIA Agency Office Roles BIA and Tribal GIS staff work Procedural Streamlines the process by Medium Medium
Tribe together to assess needs and reducing the time necessary
prioritize survey requirements. to assess and prioritize.
BLM Oregon State Office Events BLM is receiving requests from Procedural BIA is not involved in the Medium Medium
non-Indian adjoiners (fee process and funds are
landowners) and Tribes to survey contributed to BLM by
Trust lands. requestors. BLM does not
have the manpower to
complete surveys for non-
Indian landowners.
BLM Oregon State Office Control BLM staff is providing contract Procedural Workload issue, the more Low Minor
expertise to Tribes for private assistance is given, the less
surveyors. time is available for survey
work.
BIA Regional Office Control Resource development plans (i.e. Procedural Allows better planning for Low Minor
timber sales) impact the resource development.
scheduling of when work can be
completed.
BLM Oregon State Office Mechanism Unique automated Survey Procedural In-house system developed Medium Minor
BLM Idaho State Office Tracking databases are used. and funded within one
specific office, not shared
by other BLM offices.
BLM Oregon State Office Process 90% of the funding for Cadastral Procedural BIA Region is only able to High Medium
BIA Regional Office Location Survey in the Northwest Region address the highest
is earmarked for Project Offices priorities due to receiving
leaving only 10% of funds 10% of the funds for
available for remainder of region. survey. Project Offices may
be addressing lower priority
surveys across the region
Tribe Mechanism Various Tribes have System Developed and funded Medium Medium
independently developed GIS independently by each
systems for resource Tribe and data is not shared
management. with anyone else.
OMB Circular A-16
BLM Oregon State Office Mechanism Scanning system for survey System Digitized survey records Medium Minor
records is used. making for faster record
retrieval and distribution.
BLM Oregon State Office Mechanism Official record of the survey is an System The records are available Medium Medium
electronic copy as opposed to the electronically.
paper copy in the BLM/GLO
Cadastral Plats and Notes System.
Table 4.3.8- 6 Eastern Oklahoma Region Cadastral Survey Variances
Areas Affected by the Category Variance Description Reason for Business Impact Degree Difficulty
Variance Variance of of
Business Change
Impact
BLM New Mexico State Inputs BLM is using Interior Board of Case Law Historical decisions High Major
Office Indian Appeals decisions as a regarding Indian land that
basis for surveys. are used in present survey
considerations.
BLM Muskogee Cadastral Organization BLM is referring survey needs to Procedural A need in Indian country is Low Minor
Office the Ok. Society of Land referred to the most
Surveyors when the need can be appropriate entity for
met by private contractors. resolution.
BIA Regional Office Roles Legal Instrument Examiners may Procedural None, another source to Low Minor
initiate a consultation or provide facilitate the consultation.
assistance to BLM to resolve
inquiries.
Eastern Oklahoma Region Office Per the Regional Office, Agencies Procedural According to 25 USC 176, High Medium
hire licensed surveyors to provide surveys on Indian lands will
survey services or BIA staff be under the direction and
perform surveys. control of BLM. These
surveys are not being
recorded into the federal
land record system as
official acts of the U.S.
BLM New Mexico State Mechanism A unique manual Survey Procedural In-house system developed Medium Minor
Office Tracking database is used. The and funded within one
office is developing an automated specific office, not shared
Survey Tracking database for the by other BLM offices.
future.
BIA Regional Office Mechanism The region keeps a survey file Procedural BLM/GLO survey records Medium Minor
with all BLM surveys, in one can be found in one place in
place, not scattered among the office.
various case files.
BIA Regional Office Events Application for a permit to drill Regulation Applicant may hire a High Major
may require a survey. private surveyor or request
a survey from BIA.
BLM New Mexico State Inputs BLM receives correspondence Regulation The lease cannot be issued High Major
Office from an oil company identifying Procedural until the boundary issues or
problems with riparian boundary legal descriptions are
areas on future Indian leases. resolved.
Eastern Oklahoma Region Mechanism This region is using TAAMS. System Region- and Agency- High Medium
specific computer systems
may decrease the effort
required to complete local
Trust activities. These
systems, however, may
increase the complexity of,
Areas Affected by the Category Variance Description Reason for Business Impact Degree Difficulty
Variance Variance of of
Business Change
Impact
BLM New Mexico State Inputs BLM is using Interior Board of Case Law Historical decisions High Major
Office Indian Appeals decisions as a regarding Indian land that
basis for surveys. are used in present survey
considerations.
BLM Moore Field Office Organization BLM is referring survey needs to Procedural A need in Indian country is Low Minor
the Ok. Society of Land referred to the most
Surveyors when the need can be appropriate entity for
met by private contractors. resolution.
BIA Rocky Boy’s Agency Events ILCA is causing Trust to fee Federal Law Will cause large increase in High Major
Office patents to be issued. need for Cadastral Surveys.
ILCA
BLM Montana State Office Process BLM is negotiating PL 93-638 Federal Law The Tribes will be Medium Major
Fort Peck Tribes Description contract with Fort Peck Tribes to performing their own
perform Cadastral Surveys. Cadastral Surveys by a
PL 93-638 BLM employee assigned to
the Tribe, with BLM
oversight.
BIA Wind River Agency Role The Agency has a Soil Procedural Another source for Low Minor
Office Conservation Specialist to identifying needs.
develop farm plans and in so
doing, identifies needs.
BLM Montana State Office Outputs BLM provides posting and Procedural Workload issue, but also Medium Minor
marking of reservation provides visible boundaries
Navajo Region Organization Navajo/Hopi Relocation Federal Law Workload issue, BLM staff High Major
Navajo Nation Commission is acquiring lands is unable to complete all the
BLM Arizona State Office for resettlement. BLM must surveys.
survey the land.
Navajo/Hopi Relocation Act
Navajo Nation Events Unique events start the survey Federal Law Workload issue, BLM staff High Major
process in Navajo. These Tribal Law is unable to complete all the
include: residential leases on Procedural surveys.
allotted lands, homesite leases on
Tribal lands, Base Realignment
and Closing Commission,
business development plans, and
relinquishment of BIA
administrative areas.
Navajo Region Process BIA, BLM and the Tribe meet to Procedural The meeting results in a Medium Minor
Description identify priorities and develop a Tribal Policy streamlined priority setting
Five Year Plan for surveys. The process.
majority of surveys for the
Navajo Reservation are original
surveys.
Navajo Nation Process A BLM Project Office exists that Procedural The Cadastral Survey High Medium
BLM Navajo Project Office Description works closely with the Navajo Tribal Services process is
Navajo Nation Process Surveys for homesites may be Tribal Policy According to 25 USC 176, Medium Medium
Description provided by Navajo Tribal Lands surveys on Indian lands will
Department or by private be under the direction and
surveyors hired by the applicant. control of BLM. These
These surveys are submitted to surveys are not being
BIA for approval of the homesite. recorded into the federal
The Navajo Housing Authority land record system as
provides funding for home official acts of the U.S.
purchase.
Navajo Nation Homesite Lease
Policy and Procedures
Navajo Nation Organization Various Tribal entities such as Tribal Policy BIA is not always involved High Major
Navajo Housing Authority, in identifying survey needs.
Navajo Energy Construction
Authority Commission, and
Navajo Tribal Utilities Authority
are identifying needs to the BLM
Project Office.
Navajo Nation Role Various Tribal staff including Tribal Policy May impact the length of High Major
Director of Navajo Lands time needed to receive
Department, Navajo Lands approval.
Survey Supervisor, Tribal Natural
Resource Officer, contribute to
the decision making process
regarding survey needs.
BLM New Mexico State Inputs BLM is using Interior Board of Case Law Historical decisions High Major
Office Indian Appeals decisions as a regarding Indian land that
basis for surveys. are used in present survey
considerations.
BIA Regional Office Organization Various external organizations Federal Law Workload issue, not enough Low Medium
BLM New Mexico State (Bureau of Reclamation, Procedural manpower to complete all
Office Colorado Dept. of Transportation, the cases.
BLM Colorado State Office U.S. Forest Service, military)
identify survey needs to BIA or
BLM. These organizations may
contribute funding and records.
BIA Regional Office Role Archeologists are involved in the Federal Law Make inquiries regarding Low Minor
process. Procedural archeological sites.
BIA Regional Office Obligations Tribes are using private surveyors Federal Law Because of the land grant High Major
to survey. The Tribe then sells or status of certain Pueblo’s,
exchanges restricted fee Trust the authority to survey and
lands to consolidate land holdings sell lands by Pueblos may
and to resolve trespass cases. be unique in New Mexico.
ILCA
U.S. v. Joseph, NM 1877, 94 U.S.
614
BIA Regional Office Role The region has its own Land Procedural Provides technical expertise High Minor
Surveyor on staff. and consultation and
executes surveys.
According to 25 USC 176,
surveys on Indian lands will
be under the direction and
control of BLM. These
surveys are not being
BLM Colorado State Office Mechanism BLM is using Leica SkiPro, a Procedural Off-the-shelf software for Low Minor
GPS computational and GPS collection and
adjustment software. computations.
BLM New Mexico State Mechanism Columbus, a geodetic analysis System Off-the-shelf software used Low Minor
Office tool is used by BLM. to do geodetic survey
analysis.
BLM Colorado State Office Mechanism Scanning system for survey System Digitized survey records Medium Minor
records and posting non-Trust making for faster record
surveys on the Internet. retrieval and distribution.
Tribes Role Tribal attorneys are involved in Tribal Law Workload issue for BLM, High Major
BLM New Mexico State consultation and lawsuits filed on participating in these
Office behalf of the Tribe. requests takes time away
BLM Colorado State Office from other duties.
Southern Ute Tribe Organization The Tribe hires private contract Tribal Policy According to 25 USC 176, Medium Medium
surveyors and have in-house Tribal Land surveys on Indian lands will
Tribal survey staff. Code be under the direction and
control of BLM. These
surveys are not being
recorded into the federal
land record system as
official acts of the U.S.
Southern Ute Tribe Process The Tribal Lands and Resource Tribal Policy None. Low Minor
Description Dept. is developing reports to the
Tribe on accomplishments and
financial information.
Southern Ute Tribe Role The Tribal Lands Coordinator Tribal Policy None. Low Minor
files the survey and develops
reports.
Tribe Inputs Findings of a Court appointed Court Could affect Indian or Trust High Major
BIA Regional Office Special Master dealing with Decisions ownership.
BLM Arizona State Office matters along the Colorado River
are used.
BIA Regional Office Organization Various external organizations Federal Law Workload issue, not enough Low Medium
BLM Arizona State Office (Indian Health Service, CalTrans, Procedural manpower to complete all
Bureau of Reclamation, Corps of the cases.
Engineers, EPA, local
government, FAA, military)
identify survey needs to BIA or
BLM. These organizations may
contribute funding and records.
Clean Water Act, Sections 401
and 404
BLM Nevada State Office Organization BLM sends an annual letter to Procedural Tribes are identifying their High Minor
Tribes requesting their survey needs without the BIA
needs. See work session template being involved. Priorities
for additional information. are not being established at
the regional level, only on a
Tribe by Tribe basis by the
BLM. This affects how
funding is applied.
BIA Regional Office Comments Certified TSR’s are nearly Procedural TSR’s have not been High Medium
impossible to get and often updated in a timely manner.
inaccurate. The system (LRIS) may not
be accurate and the source
data that updates LRIS has
been inaccurate.
BLM Arizona State Office Mechanism A unique automated Survey Procedural In-house system developed Medium Minor
BLM Nevada State Office Tracking database is used. and funded within one
BLM Utah State Office specific office, not shared
by other BLM offices.
BLM Nevada State Office Comments The BLM State Office is Procedural Workload issue, not enough Medium Medium
providing preliminary survey data manpower to complete all
before the survey is official. the cases.
BLM Arizona State Office Mechanism Scanned Master Title Plats and Procedural Facilitates records Low Minor
BLM Nevada State Office Historical Indexes are used in distribution.
BLM Utah State Office these offices.
BLM Nevada State Office Mechanism A unique automated Title Procedural In-house system developed Medium Minor
Tracking database is used. and funded within one
specific office, not shared
by other BLM offices.
Tribes Organization Tribes may contribute funds, Tribal Policy Tribal staff may assist BLM High Minor
tools, services, and other during surveys.
resources and make final decision
to proceed.
Table 4.3.8- 12 Pacific Region Cadastral Survey Variances
Areas Affected by the Category Variance Description Reason for Business Impact Degree Difficulty
Variance Variance of of
Business Change
Impact
BIA Regional Office Process Pacific Region does not utilize IBLA BIA will not provide funds High Major
Description non-BLM sources for surveys due Decision for non-BLM surveys. If
to past legal problems. Tribes want private
IBLA 83-370 surveyors, they must fund
themselves or hire their
own survey staff.
Other Organization California Indian Legal Services Procedural Workload issue, not enough Medium Major