Indian Land ROS

[TIB]

I have been asked to monument a 1 acre parcel from deed/description in SD county. This would require a ROS. However, the land lies entirely within an Indian Reservation. Q?: Is ROS still required, or is it now optional due to being on a reservation? Thanks

[Brad Luken]

I posted an question about this roughly a year ago. While I agree that your map should be recorded, you may run into certain obstacles in the pursuit of recording your map. First, you most likely are not dealing with a deeded parcel boundary, but most likely a 'lease' or estate in years boundary granted from the BIA/tribe to a member for a home site. Second, the tribe may not want you to record this map, since they are sovereign and the County map not accept this map, unless you set a monument in land that is under their jurisdiction or they have a right to, i.e. dedicated street easement from the BIA. My resolution to this was to create a map, with no monuments set and give them a legal description of the 'lease' line.

[RAM]

When I did a project like this several years ago. I completed a map that looked like a RS, with monuments, and filed the map and descriptions with BIA at their request. If I wanted to I could have files a RS with the County.
An RS does not need to be a survey of a deeded parcel, you can file a RS on almost anything. As I remember, BIA had a list of requirements that had to be met including monumentation.

TIA if you would like I can email you a pdf copy. Let me know by pm.