PART 9180—CADASTRAL SURVEY Authority: R.S. 2478; 43 U.S.C. 1201; 40 Stat. 965, as amended; 43 U.S.C. 773. Subpart 9180—Cadastral Surveys; General Source: 35 FR 9797, June 13, 1970, unless otherwise noted. § 9180.0-2 Objectives. (a) Alaska; existing surveys and extension thereof. (b) Resurveys. § 9180.0-3 Authority. (a) Delegation to Director, Bureau of Land Management. (2) By this sequence, the cadastral surveying work of the Bureau of Land Management has been placed under the immediate jurisdiction of the Director, subject to the direction and control of the Secretary of the Interior. Certain functions relating to specific phases of the cadastral surveying work have been delegated to the State Director. (b) Alaska. (1) Administration of the public land surveying activities in Alaska is under the general supervision of the State Director, Bureau of Land Management, at Anchorage, Alaska. The office, in which the records relating to the public land surveys in the State are maintained, is located at Anchorage, Alaska. Correspondence relating to local survey matters should be addressed to the State Director, Juneau, Alaska. (c) Resurvey of township Without cost to applicant when title to at least 50 percent of the area is in the United States. (2) Cost to be prorated between applicants and United States, when more than 50 percent of the area is privately owned. (ii) Under the Act mentioned, and upon the application of the owners of three-fourths of the privately owned lands in any township previously surveyed, or upon the application of a court of competent jurisdiction, accompanied by a deposit of funds sufficient to cover the estimated cost, inclusive of the necessary office work, of the resurvey of all of the privately owned lands in such township, the State Director, Bureau of Land Management, is authorized, in his discretion, to cause to be made a resurvey of the township in question in accordance with the laws and regulations governing surveys and resurveys of the public lands; the cost of the resurvey of the residue of the public lands in such township to be paid by the Government from the current annual appropriation for the survey and resurvey of the public lands in addition to the portion thereof made available for resurveys and retracements by the provisions of the Act of March 3, 1909 (35 Stat. 845), as amended by Joint Resolution of June 25, 1910 (36 Stat. 884; 43 U.S.C. 772). The total cost of the resurvey of the township is thus divided between the Government and the petitioners in proportion to the extent of their respective holdings. (iii) It is further provided that any portion of such deposit in excess of the actual cost of the field and office work incident to such resurvey of privately owned lands shall be repaid pro rata to the applicants for resurvey or to their legal representatives. § 9180.1 Interpretation of survey records. § 9180.1-1 Meridians. (a) Alaska. (b) Copies of records. Subpart 9183—Special Surveys § 9183.0-2 Objectives. Information respecting special surveys of soldier's additional entries, homesites, homesteads, and trade and manufacturing sites is given in subparts 2610, 2511, 2562, and 2730 of this chapter, respectively. [35 FR 9798, June 13, 1970] Subpart 9185—Instructions and Methods Source: 35 FR 9798, June 13, 1970, unless otherwise noted. § 9185.1 Applications. § 9185.1-1 Surveys. (a) Original surveys. (b) Lands omitted from original survey. [35 FR 9798, June 13, 1970, as amended at 44 FR 41795, July 18, 1979] § 9185.1-2 Resurveys. (a) Filing of applications for survey without cost to applicant. (b) Filing of applications for survey with cost prorated. § 9185.1-3 Mining claims. (a) Application for survey. (b) Mineral surveyors. [35 FR 9798, June 13, 1970, as amended at 38 FR 30001, Oct. 31, 1973] § 9185.2 Requirements for surveys. § 9185.2-1 [Reserved] § 9185.2-2 Lands omitted from original survey. (a) Notice of intended application. (b) Form of notice. (c) Evidence required as to character of land in existence at time of original survey. (d) Diagram required with application. (e) Cost of survey. (f) No preference right. [35 FR 9798, June 13, 1970, as amended at 44 FR 41795, July 18, 1979] § 9185.2-3 Unsurveyed islands and omitted lands. (a) Section 211(a) of the Federal Land Policy and Management Act of 1976 (90 Stat. 2758), provides for the conveyance under the Recreation and Public Purposes Act of unsurveyed islands determined by the Secretary to be public lands of the United States. The conveyance of any such island may be made without survey; however, such island shall be surveyed at the request of the qualified applicant. If the applicant requests that a survey be executed, the applicant shall be required to: (1) Furnish a written statement identifying his choice of donation of money, services, or both for the survey. (2) If the applicant elects to donate money, such donation shall equal the Bureau of Land Management's estimated cost of survey. The donated money shall be credited and expended in accordance with section 307(c) of the Act. A written estimate of such costs shall be furnished to the applicant by the Bureau. (3) If the applicant elects to donate services, such services shall be conducted and performed pursuant to the criteria established by the Director of the Bureau of Land Management. (b) Section 211(b) of the Act, provides for conveyance, under the Recreation and Public Purposes Act (43 U.S.C. 869), of lands other than islands determined by the Secretary by survey to be public lands of the United States erroneously or fraudulently omitted from the original surveys. An applicant may be required to donate money, services, or a combination thereof for such survey. The procedures contained in § 9185.2-3(a) of this title shall be followed. [44 FR 41795, July 18, 1979] § 9185.3 Requirements for resurveys; without cost to applicant. § 9185.3-1 Eligibility. (a) Determined by ownership of land. (b) Determined by physical character of remaining public land. bona fide (c) Small areas. § 9185.3-2 Showing required. (a) Necessity. (b) Condition of original survey. § 9185.3-3 Majority of land owners. A majority of the settlers in each township are required to join in the application, and, in addition, there must appear the endorsements of the entrymen and owners, including the State, whose holdings represent the major part of the area entered or patented, with a description opposite each name of the lands actually occupied, entered, or owned, and a statement as to whether the applicant is a settler, entryman, or owner thereof. Where an entryman or owner, including the State, has failed for any reason whatsoever to join in the application, evidence of service of notice upon him for at least 30 days in advance of the filing of the application is required in order that he may be afforded ample opportunity to make timely protest against the granting of such resurvey if in his opinion such action is undesirable. § 9185.4 Requirements for resurvey; with cost prorated. § 9185.4-1 Estimate of cost. (a) The cost of resurvey procedure is as a rule considerably in excess of that incident to the execution of original surveys and may range between rather wide limits. Where the obliteration is not excessive and the evidences of the original survey are harmoniously related, extensive verifying retracements will be unnecessary and ordinary dependent methods of resurvey can usually be applied. If, however, the obliteration is general or total, many miles of preliminary retracement may be required in order to obtain technical control, and where, by reason of errors in the original survey, the existing evidences thereof are discordant and conflicting locations have resulted, the procedure required may, in the case of densely entered townships, involve an expense of $5,000 or more per township. (b) The applicants for resurvey should understand, therefore, that although the estimate supplied will be as nearly correct as the available information will permit, its accuracy cannot be guaranteed, and, consequently, all such estimates are subject to revision, if necessary, as the work proceeds and the field conditions are more fully developed. Any deposit in excess of actual cost will be returned to the applicants as provided by law, but in cases where the cost exceeds the deposit made in accordance with the estimate, an additional deposit will be required, failing which, operations will be suspended. (c) In the application of the terms of this Act it is not intended that there shall be undertaken any work involving the mere reestablishment of lost or obliterated or misplaced corners in a limited area of a township, such work being within the province of the local surveyor, and the authority of the State Director will be restricted to the giving of advice in accordance with the circular for the restoration of lost or obliterated corners. Employees of the Government are prohibited from participating in the resurvey of a township or the reestablishment of lost corners or in the subdivision of sections for private parties, even if the expense is borne by the county or State authorities or by individuals, except as such action is specifically authorized by the Director, Bureau of Land Management, in accordance with the provisions of existing statutes. (d) Deposit required: The deposit required of the petitioners by law must accompany the application and must be made in the amount, at the place and in the manner prescribed by the instructions which will accompany the estimate. § 9185.4-2 Showing required. (a) Necessity. (b) Ownership of land. § 9185.4-3 Three-fourths of land owners. The owners of three-fourths of the privately owned lands within the township are required to join in the application, and all petitioners in whom ownership is vested, either individuals, the State, or corporations such as railroad companies whose interests are involved, are further required to supply, following their respective signatures, an accurate description by legal subdivision, section, township, and range of the lands to which title is claimed. Moreover, it must appear that notice of the proposed resurvey has been served upon all owners who have for any reason failed to join in the petition, and, in addition, it is highly desirable that all record entrymen who, under the terms of the act are not required to become parties to the petition, be similarly informed to the end that their objections, if any, may be heard and subsequent protest based upon the plea of ignorance may, insofar as possible, be avoided. Group 9200—Protection