I was contacted by the Housing department of a local First Nations Tribe to survey and create descriptions for 11 houses on a parcel of about 500' x 300'.
Basically, it would look like lots within a block of a subdivision . . .?ÿ But the land is Trust Land, administered by the Bureau of Indian Affairs.
As far as I know, it is not subject to State law (Subdivision Control Act, etc).?ÿ This is an unusual situation in my area.?ÿ Does anyone know if the B.I.A. has specifications for this type of survey??ÿ The person who contacted me indicated that non of the parcels would be conveyed out of the Trust Lands, so no Tax I.D. numbers will be created, etc.?ÿ I did ask him if there is a Tribal Attorney that would have some knowledge, but haven't heard a reply yet.
Does anyone have experience with a situation like this?
Contact the appropriate BLM Indian Lands Surveyor for the BIA Region you are working in.?ÿ ?ÿ
We would just lay out the proposed corners, tied to locations of record, and file a record of survey in the appropriate County.?ÿ Send a copy to BIA and the Tribal Authority.?ÿ I've got scores of these across the Navajo Nation.?ÿ They are essentially leasehold locations, with a different nomenclature.
Each BIA region handles things very differently. Some regions require the BILS to approve lease surveys, and many tribes do not allow their surveyes to be recorded with the county. The above advice to contact the appropriate BILS is good. No reason not to go directly to the source That's what they are there for.
Do you have to be a cfed to do this kind of work?
You don't have to be a CFedS but it helps.?ÿ You do have to comply with state law if your are surveying or subdividing along the boundary of the tribal lands that share a line in common with state or private lands.?ÿ Otherwise state law does not apply.?ÿ There might be some Tribal Laws and some registering the survey with the BLM and other Federal agencies.
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Eric Ackerman, CFedS
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It depends on the tribe?ÿ Some tribes do required CFedS, many prefer it. Then there are some that just look for the cheapest price.?ÿ
Under Fed law, no. There are some useful things you would learn in the CFedS program If you know a CFedS grad, you could borrow his materials and see the stuff you need.
OTOH, as mentioned by Aliquot, the Tribes themselves determine the desired qualifications and have the authority under FedLaw to make it stick.
As far as licensing goes, on some reservations all you have to have is a state license , the state doesn't matter. Others, like the Eastern Band of Cherokee Indians, required a license from the state where the Rez lies.
Dealing with BLM can be an iffy proposition. I had to deal with eastern States during my tenure with the EBCI and they are still "Bowmanized." I caught them in serious errors (mispositioned the POB by more than 7,000 feet, and they never fixed their bust. They ignored the metes and bounds description of one part of the reservation line along a hydropower project, and rather than make an effort to retrace the line, the Cadastral Chief simply ordered that the field crew simply take an elevation based on the hydroproject, trace a new contour and called that the boundary. I don''t know if such idiocy is confined to Eastern States, but Eastern States inspired me to dump my CFedS.
The Eastern band of Cherokee Indians now have a licensed tribe member. I met him at the NC show this year and he was super exited to be the first.
"Do not allow their surveys to be recorded with the county."
That is an interesting comment. My clients don't record surveys, and it is up to the surveyor to determine if a survey needs to be recorded (and subject to the board's opinion as to whether you followed the law). I am not sure if it would be legal in WA for a PLS to set corners and not file something of record, unless:
If you are working entirely inside a reservation state laws do not apply. That is why some tribes hire surveyors licensed in another state, or not licensed at all, and why Indian casinos exist in states that dont allow gambling.
Many (most?) do require a state license as proof of competancy, but only federal law and tribal requirements need to be met. If BLM approval is required, being licenced in the correct state can allow for a less rigorous review,?ÿ becasue unless there is contrary evidence they will usually assume that state minimum standards have been met.?ÿ
Some tribes do not allow their surveys to be recorded with the county to protect their privacy. The surveys are kept in the official records of the BIA, but are only released to the outside world when there is a specific tribal approved need.?ÿ
