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43 U.S.C. § 52Surveying duties

submitted 101 years ago by Congress to r/title-43-PUBLIC-LANDS · 407 words · no verdicts yet

in plain englishAI-generated · not legal advice

The Interior Secretary must hire enough skilled land surveyors as deputies and can swear them in. The Secretary sets their rules, can remove them for misconduct, and must have them survey base lines, meridians, private land claims, and send maps to land offices. The Secretary or a deputy must periodically inspect ongoing survey work in the field.

The Secretary of the Interior, or an officer the Secretary designates, must hire enough skilled surveyors as deputies, and can swear them into office. The Secretary may write rules directing them, as long as those rules don't conflict with the law or Bureau of Land Management instructions, and may remove them for negligence or misconduct. Second, the Secretary must promptly have surveyors measure and mark all base and meridian lines, and any other correction lines the law or the Bureau requires, for public lands where Indian title has been extinguished. Third, the Secretary must have surveyors complete surveys of confirmed private land claims, as far as needed to finish surveying the surrounding public lands. Fourth, the Secretary must send general and detailed survey maps to the appropriate officer for each land district, plus copies to whatever officer the Secretary designates. Fifth, as much as the Secretary's desk duties allow, the Secretary must occasionally inspect ongoing field survey work to confirm it's done faithfully and according to contract; the Secretary's actual, necessary travel expenses for this are covered. If the Secretary can't personally inspect the work, the Secretary can send a confidential agent instead, whose necessary expenses are paid, plus $5 a day during the field inspection — but that inspection cannot run longer than 30 days, and never longer than actually needed. If the Secretary, the designated officer, or a regularly salaried employee does this special inspection work, they receive only their necessary expenses on top of their regular salary — no extra pay.
the actual law source: uscode.house.gov ↗public domain

The Secretary of the Interior or such officer as he may designate shall engage a sufficient number of skillful surveyors as his deputies, to whom he is authorized to administer the necessary oaths upon their appointments. He shall have authority to frame regulations for their direction, not inconsistent with law or the instructions of the Bureau of Land Management, and to remove them for negligence or misconduct in office.

Second. He shall cause to be surveyed, measured, and marked, without delay, all base and meridian lines through such points and perpetuated by such monuments, and such other correction parallels and meridians as may be prescribed by law or by instructions from the Bureau of Land Management, in respect to the public lands to which the Indian title has been or may be extinguished.

Third. He shall cause to be surveyed all private land claims after they have been confirmed by authority of Congress, so far as may be necessary to complete the survey of the public lands.

Fourth. He shall transmit to the officer, as the Secretary of the Interior may designate, of the respective land offices general and particular plats of all lands surveyed by him for each land district; and he shall forward copies of such plats to such officer as the Secretary may designate.

Fifth. He shall, so far as is compatible with the desk duties of his office, occasionally inspect the surveying operations while in progress in the field, sufficiently to satisfy himself of the fidelity of the execution of the work according to contract, and the actual and necessary expenses incurred by him while so engaged shall be allowed; and where it is incompatible with his other duties for the Secretary of the Interior or such officer as he may designate to devote the time necessary to make a personal inspection of the work in progress, then he is authorized to depute a confidential agent to make such examination; and the actual and necessary expenses of such person shall be allowed and paid for that service, and $5 a day during the examination in the field; but such examination shall not be protracted beyond thirty days; and in no case longer than is actually necessary; and when the Secretary or such officer, or any person employed in his office at a regular salary, is engaged in such special service, he shall receive only his necessary expenses in addition to his regular salary.

Source credit: (R.S. § 2223; Mar. 3, 1925, ch. 462, 43 Stat. 1144; 1946 Reorg. Plan No. 3, § 403, eff. July 16, 1946, 11 F.R. 7876, 60 Stat. 1100.)

history & why it existsrecord from the source credit
  • 1925Enacted · Act of Mar. 3, 1925, ch. 462 · 43 Stat. 1144

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