The latest craze to sweep federal surveyors offices is the program called CFEDs. It's a training program for certifying surveyors to perform federal surveys, cadastral services, BLM surveys, surveys for Tribes.
The requirements for becoming a CFEDs surveyor are really loose. REALLY really loose. REALLY REALLY REALLY LOOSE!
Why is this so important? Well if your tribe needs a survey performed that is of a Federal survey type, or a cadastral survey for oh, lets say a border dispute between the Tribe (reservation) and a state or a county, BLM usually is the one to do that. BLM has always done tribal cadastral surveys I am told. This CFEDs program replaces BLM surveyors with CFEDs surveyors because BLM cannot keep up with the demand for surveys from tribes. Basically, they are contracting out their services, their role in the fiduciary responsibility of the federal government, their oversight of an ethical survey. (remember the ethics part, I'll address this later in this entry)
So how loose are the requirements for becoming a CFEDs surveyor? Well if you look at the CFEDs Site you'll find that you have to meet two requirements:
1. be a licensed surveyor in any state
2. have no (negative) disciplinary actions in any state regulatory board or court in the last five years.
That is all that is required. For anything else, the sky's the limit. hmmmmmmm.
"Anything else" covers a lot of ground doesn't it? It does indeed!
What is meant when I said "anything else?" Let's say you're a CFEDs surveyor working at your normal job, and you get a call from Bureau of Land Management, or a tribe to go to a reservation to settle a border dispute between the Tribe and the State. You go in you do your thing, you check titles, you check monuments, you recheck titles, you do everything to uphold the integrity of your profession and decide that the land in dispute goes to the State. Easy right? Too easy!
How can you uphold the integrity of your profession...recommend a boundary dispute resolution in favor of a state, between a tribe and the state, as a CFEDs surveyor...when you are a state or county elected-surveyor? Remember the only requirements are listed above. There are no restrictions on anything else! So, elected surveyors, and state and city employee-surveyors, can (AND ARE) participating in the CFEDs process!
Which God will this surveyor serve? Will he serve the state, county or city he is an employee at, or an elected official of, or will he serve the Tribe for whom he is under contract through the BLM?
I brought this up quite a long time ago (2 years ago at a BIA realty conference in Lincoln City Oregon) and there was no answer. Now the first class has graduated from the CFEDs course and within the first four pages of my print out from the list I have found three CFEDs surveyors who meet the ethical dilema I have described here. I have also found several who have written questionable material as it relates to Tribal cultures.
So, what about that crazy word "ethics?" Let's see what one of the coordinators of the CFEDs program has to say about ethics. Dennis Mouland, one of the training coordinators has a venerated book called Ethics for the Professional Surveyor. He also has a fan, William Schmidt, who wrote a glowing review of the book, for Professional Surveyor Magazine.
He describes Dennis Moulan's "thoughts" on the subject of ethics as a word that '...originally meant habit, or the way someone is disposed to act.' He also says the word means the "right way," or "the approved or a proven way."
Well I have news for Dennis Mouland. I do not approve of the way that they are randomly creating a plethora of ethical dilemas for a bunch of surveyors whose real jobs may depend on how they are "disposed to act," during a border dispute between the Tribe and their real employers.
And really now, how can anybody who works for any state (say California) understand the real complexities of a border dispute between a tribe and another state (say Idaho) when they are working for another state?
I don't know, what do you think? What is your stand on this?
What about background checks? How many people serve on organizations that purport to deny tribal jurisdiction exists and are on the list of CFEDs surveyors? (I'm looking at you--you know who you are, and it's only a matter of time before this becomes painfully evident to the world)
Talk to your tribal councils, talk to your chairmen, your presidents, your program directors, ask them if they understand how screwed up this program is in its implementation from the ground up.
A friend of mine from Haskell Indian Nations University who shall remain nameless to protect Cricket's identiy, (Hi Cricket!) has this on her page and I think it's only too appropriate:
He who serves two masters has to lie to one.
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6 comments:
Many of your assumptions concerning the CFEDS program are incorrect.
Most importantly, any survey which defines a tribal or trust interest requires a "Federal Authority Survey" under the auspices of BLM Cadastral Survey. That has not changed. A CFEDS surveyor may be the one who performs the survey but he/she will be under the complete direction of the BLM, and the work subject to the same level of inspection, review and approval by the BLM as are their surveys performed by in house personnel.
Second, the requirements you list to be qualified are incomplete. To become a CFEDS the surveyor must take an extensive training program, followed by rigorous testing to become certified.
A CFEDS has no authority to perform a federal authority survey except through BLM. A CFEDS is an added resource for tribes and BLM to use to help get the work done in Indian Country.
A tribe can request a CFEDS to do other survey work in indian country such as for roads, housing etc. that were never Federal Authority surveys. It was hoped that by having a high level of training, a CFEDS would also be able to perform those surveys at a higher level than other surveyors generally.
"many" of my assumptions?
Ok, well maybe you misunderstood me. In order to "qualify" to become a CFEDs surveyor you only need to meet the two requirements I spoke of which is on the CFEDs site. Yes you still need to take the training. I'm afraid you misunderstood my point of view. It doesn't matter how much training you have to take, the point is that you can be an ELECTED OFFICIAL or a STATE OR COUNTY OR CITY-EMPLOYED-SURVEYOR and "become" a CFEDs surveyor after all is said and done.
The tribes have been forced to compete for surveys, under the CARS list, or PAY FOR A CFEDs surveyor to come in do the survey and then have it reviewed, inspected and approved by BLM. So again, what is the point? BLM can't do the surveys themselves because they can't keep up with the demand, so when are they going to have time to double check work?
And while we're here, what is the point of the Tribes paying for trust services? The title to the land is held by the United States. It's held in trust for the tribes, by the United States. So, now to be trivial, why should the tribes pay to have land "legally" owned by the United States surveyed?
There are a multitude of off-shoots on this subject but until you are an acutal owner trying to buy land, have the land where you live put into trust, or sell land, you will not understand why this is important.
And you didn't address the largest issue here. Elected officials will be doing CFEDs surveys, three (so far) county or city employees will be doing CFEDs surveys. One graduate is on a commission for a city that has a history of opposing any tribal jurisdiction, and still to this day accepts and reviews minutes from an "anti-tribal jurisdiction organization." So, forget the training for a minute, we realize that that is part of the process, but it's the least important part if you are going to put people in those positions who will have a conflict of interest. Tell me that tax bases are not important to cities, counties, and states and I'll accept the fact that border disputes should be decided by these CFEDs surveyors.
So, no you misunderstood me. We don't care about the training, it's who you select for the training that is important to us. You didn't tell me anything new. Re-read my entry and you'll see that I admitted to everything you said, except for the complete qualification-because that is irrelevant if an ethically sound decision is to be made. I don't "accept it" and neither will the tribes.
To add to my first comment, and respond to yours.
Yes, anyone who is licensed in a given state can apply to be a CFEDS, take the training and potentially pass the test and qualify as a CFEDS. And in that pool are employees of Federal, State, Counties and cities and all kinds of companies, agencies, even tribal members and employees. etc.
As originally contemplated tribes would contract with a CFEDS to get work done. I think this is evolving to a slightly different approach where the tribe would select a CFEDS and then working with BLM the BLM would contract with the selected CFEDS. If the person does not appear to know what they are doing BLM would work with the tribe to find a different CFEDS qualified to do the work.
I don't see why a tribe would chose a CFEDS who had any kind of conflict of interest. The BLM doesn't pick them or dictate who is to do the work. However BLM might object to a certain individual. I would think that it would be very, very unlikely that BLM would accept a CFEDS to do a federal authority survey who was working for any other government entity at that point in time, and in no case would it do so over the objections of the tribe.
Again BLM would not select the CFEDS for the project, nor is there any lottery or automatic assignment or rotation or in fact any work at all assured to a CFEDS. Half of those guys are NEVER going to get a CFEDS project
I think those that have gone through the CFEDS process and work for some government agency have done so: 1) just for the training, 2) for some perceived prestige (paper chasers), 3)on spec that if or when they leave that agency they might pursue that type of work in the private sector.
However, while it is probably not specifically forbidden, I do NOT believe the scenario would happen where a state or other government employee would actually get a project or contract. I don't think that the conflict that I thought was your main point is likely to occur.
If a tribe choses a CFEDS that has such a conflict that is up to them for non Federal Authority work.
For work under BLM I think it is unlikely that BLM would accept them as a viable contractor, of course that would be a negotiation with the tribe and it is conceivable that some set of circumstances could exist where the BLM might go along if the tribe insisted, who knows.
How much budget there is to get surveys done is another matter entirely. It's the BIA's budget and at the whim of congress. The prioritization is through a process setup by the BIA and OST with input on priorities obtained from the tribes, agencies, and BIA regions. I am sure there can be frustrations with that.
As it currently exists each region gets some set amount per region of overall funding allocated that is NOT prioritized by CARS and is referred to as Regional Priority funding.
Everything is ultimately funding related of course. A rich tribe can go ahead and get lower CARS scoring work done via a CFEDS or pay directly to BLM either way and some do. Why? I can only imagine that they have some priority need that just didn't compete well in CARS and the cost benefit to get it done quickly is there.
For BIA funds, the tribes can try to get on their BIA regions list of non-cars regional priority projects.
If BIA funds are doubled this year or next year, then the CFEDS provides some considerable flexibility for BLM to rapidly ramp up and get the work done that it could not do with it's own work force. BLM can however shift some of it's personnel to inspection and review instead of doing as much field work and this increase or leverage the overall capacity.
PS to last.
I do think your point is very appropriate to make sure the tribes and tribal members are aware of the potential problem you raise and not just pick the first CFEDS on the list in their area without some examination.
Ah grass hopper,
you seek truth yet you will not listen.
There is a problem on a grand scale here that is not evident to the untrained eye. Many tribes do not have their own realty departments. Many tribes' realty services are performed by Bureau of Indian Affairs employees, who follow exactly what their superiors tell them to do. It is extremely evident that many of our supposed advocates just do what they're told to do. They are federal employees, they may not be as enthusiastic to pursue the issue to it's real core when any opposition may jeopardize the next step in pay grade, or their retirement. My tribe is serviced by the BIA, and a non-tribal member in charge of our land services department. Our land services department does not handle all the realty functions. As I am finding out, the BIA employees, and particularly the last few superintendents do not always advocate for tribal members. So why would they dig for truth in this matter, when obviously, they haven't yet?
Many tribes are not selecting the CFEDs, the Bureau of Indian Affairs is. The BIA will accept anybody with an understanding that the BLM "certified" them already. I know and you know that this is not a certification process, it's training. But I will bet you a Choctaw Indian working in a BIA office in Parker, AZ will not question the process, and accept that the man BLM sends him is perfectly qualified. Why else would the CFEDs program exist? Meanwhile, the tribe is merely waiting for a survey to be completed, and assumes that all is well. And meanwhile the city surveyor who is a CFEDs is finding all the material the city needs to charge back taxes on the land that has been waiting for the last 19 year to be transferred from fee to trust. Think I'm nuts? We have a piece of land that has been waiting for 19 years to be transferred from fee to trust. The city hasn't tried to charge taxes until very recently, when they found out that it wasn't in trust. Now in the legal world, you are innocent until proven guilty. Which means the state has to prove their case. This CFEDs program would also open the doors to many city and county surveyors who are attempting to collect taxes but must gain the proof to do that. And the BIA realty department will pay for him to come onto the rez without question because he carries CFEDs training and a certificate of completion from the BLM.
Also, the reservation does not keep abreast of every person in the surrounding cities, counties, states, or any who belong to anti-Indian organizations. (not that we would necessarily know every single member of those organizations on a good day) You would be surprised to find out the long twisted trail I took to find out about the surveyor who is a city surveyor, and a member of an government organization which has links to an anti-Indian organization.
However, while it is probably not specifically forbidden, I do NOT believe the scenario would happen where a state or other government employee would actually get a project or contract. I don't think that the conflict that I thought was your main point is likely to occur.
So, here is another question for you, why isn't it specifically forbidden? Why don't we just preclude them from the process from the start so we don't have to worry about them underfoot or that they'll get a job with the tribe in the state next door. I know you're going to tell me that they don't have any interest in a tribe in the next state. Well tell that to Slade Gorton, to any number of people in any of these anti indian groups.
You do not understand what it is like on this side of the rez. I suggest that your rhetoric pause to really ask if I'm right and you might be even a teensy weensy bit wrong. Stop telling me how great the program is and just for one minute admit that there are flaws. Then you will come to the understanding that tribes have much easier. We understand the flaws are big flaws, and yet another breach of the fiduciary resposibility of the Federal government.
I am the CFedS Program Manager, my name is Ron Scherler and I have over 30 years as a cadastral surveyor with BLM. At least half of that time was working on surveys of Indian lands. As a non-Indian I do not fully comprehend all the issues that Tribes and individual Indians must deal with but I do have a good understanding of the land boundary issues in Indian country and I strongly believe implementation of the CFedS program will provide much better surveys in Indian country.
Approximately 60-80% of all land boundary surveys of Indian lands are performed by State Registered Profession Land Surveyors or unlicensed survey technicians with no involvement by BLM. These surveys are done under State authority and are looked upon as administrative surveys by the federal government. Many of these surveyors have little training in the Public Land Survey System and no training in the BIA records system, Tribal records systems, or special survey methods used to identify Indian lands. The CFedS program is a training and testing program designed to train Professional Land Surveyors to perform boundary surveys in Indian country. There is no change in how surveyors are selected for surveys in Indian country and there is no change in who makes the selection.
There may be negative consequences of having surveyors that work for State or local governments on the CFedS Roster but there are also benefits. State highway departments often work on highways crossing Indian lands, State lands often abut Indian lands, city and county surveyors are often called upon to answer question about Indian land boundaries. The CFedS training will provide these surveyors with the knowledge to properly execute the surveys or provide legally correct answers to boundary problems.
Some will let prejudice or political agendas influence their decisions, but those same individuals are making the decision now and are influenced by their prejudices and political agendas. The CFedS program cannot change that but we can provide good training and information to those who want to do the survey right. It seems to me your problem is really more a mistrust of BIA; the CFedS program is designed to prepare Registered Professional Land Surveyors to properly execute surveys in Indian country. It is up to the Tribes and BIA to choose the surveyor. If you don’t want a surveyor that works for the State, choose someone else. And remember you are not required to choose a CFedS, you can choose any surveyor you want. (In the future there may be a requirement to use a CFedS for surveys not executed by BLM but paid for from federal government funds.)
I would like to clarify some of the misunderstanding you have about the program:
• To become a CFedS you must be a Registered Professional Land Surveyor with no disciplinary actions in any state regulatory board or court in the last five years, you must complete the training program with takes 120 -180 hours, you must pass the 7 course quizzes, you must pass the 6 hours certification exam and you must complete one continuing education course (10 hours) each year. Prior to this program, Registered Professional Land surveyors with none of this training were doing 60-80 % of the surveys of Indian land.
• The CFedS program does not replace BLM surveyors. Prior to the program BLM contracted with Registered Professional Land Surveyors to execute some official federal authority boundary surveys. BLM provides Special Instructions, field inspection, final review and approval. We will continue to contract for some official federal authority surveys but will probably utilize CFedS for these surveys. Registered Land Surveyors will continue to execute 60-80 % of the surveys in Indian country without BLM involvement, but we hope these surveys will be executed by CFedS who have proper training on Indian boundary survey issues.
• Whether BLM uses their own surveyors or contracts for surveys with Registered Professional Land Surveyors, they always provide oversight from start to finish and make all final decisions about acceptance of corners, survey methods, and interpretation of the law.
The program is directed by a panel made up of a Tribal representative, BIA representative, OST representative, CFedS representative, BILS representative and 2 BLM representatives. We are always interested in how to make the program better for the surveyors, for the government and most of all for the Tribes. Suggestions are always welcome. Contact information can be found on the CFedS website: www.cfeds.org
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