[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 2433 Reported in Senate (RS)]

<DOC>





                                                       Calendar No. 299
117th CONGRESS
  2d Session
                                S. 2433

                          [Report No. 117-91]

  To require the Secretary of the Interior to develop and maintain a 
                   cadastre of Federal real property.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             July 22, 2021

  Mr. Cramer (for himself and Mr. Heinrich) introduced the following 
bill; which was read twice and referred to the Committee on Energy and 
                           Natural Resources

                             March 2, 2022

               Reported by Mr. Manchin, with an amendment
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]

_______________________________________________________________________

                                 A BILL


 
  To require the Secretary of the Interior to develop and maintain a 
                   cadastre of Federal real property.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

<DELETED>SECTION 1. SHORT TITLE.</DELETED>

<DELETED>    This Act may be cited as the ``Federal Land Asset 
Inventory Reform Act of 2021''.</DELETED>

<DELETED>SEC. 2. CADASTRE OF FEDERAL REAL PROPERTY.</DELETED>

<DELETED>    (a) Definitions.--In this section:</DELETED>
        <DELETED>    (1) Cadastre.--</DELETED>
                <DELETED>    (A) In general.--The term ``cadastre'' 
                means an inventory of real property developed through 
                collecting, storing, retrieving, or disseminating 
                graphical or digital data depicting natural or man-made 
                physical features, phenomena, or boundaries of the 
                earth, and any information related to the data, 
                including--</DELETED>
                        <DELETED>    (i) surveys;</DELETED>
                        <DELETED>    (ii) maps;</DELETED>
                        <DELETED>    (iii) charts;</DELETED>
                        <DELETED>    (iv) satellite and airborne remote 
                        sensing data;</DELETED>
                        <DELETED>    (v) images; and</DELETED>
                        <DELETED>    (vi) services of an architectural 
                        or engineering nature performed by 1 or more 
                        professionals, as authorized to perform the 
                        services under State law, if applicable, such 
                        as--</DELETED>
                                <DELETED>    (I) a surveyor;</DELETED>
                                <DELETED>    (II) a 
                                photogrammetrist;</DELETED>
                                <DELETED>    (III) a 
                                hydrographer;</DELETED>
                                <DELETED>    (IV) a geodesist; 
                                or</DELETED>
                                <DELETED>    (V) a 
                                cartographer.</DELETED>
                <DELETED>    (B) Inclusions.--The term ``cadastre'' 
                includes--</DELETED>
                        <DELETED>    (i) a reference frame consisting 
                        of a current geodetic network that is 
                        consistent with, and not duplicative of, the 
                        National Geodic Survey of the National Oceanic 
                        and Atmospheric Administration;</DELETED>
                        <DELETED>    (ii) a series of current and 
                        accurate large-scale maps;</DELETED>
                        <DELETED>    (iii) an existing cadastral 
                        boundary overlay delineating all cadastral 
                        parcels;</DELETED>
                        <DELETED>    (iv) a system for indexing and 
                        identifying each cadastral parcel; 
                        and</DELETED>
                        <DELETED>    (v) a series of land data files, 
                        each including the parcel identifier, which can 
                        be used to retrieve information and cross-
                        reference between and among other existing data 
                        files that may contain information about the 
                        use, assets, and infrastructure of each 
                        parcel.</DELETED>
        <DELETED>    (2) Department.--The term ``Department'' means the 
        Department of the Interior.</DELETED>
        <DELETED>    (3) Federal real property.--The term ``Federal 
        real property'' means any real property owned, leased, or 
        otherwise managed by the Federal Government.</DELETED>
        <DELETED>    (4) Landholding agency.--The term ``landholding 
        agency'' means a Federal department or agency with statutory 
        authority to control real property.</DELETED>
        <DELETED>    (5) Real property.--The term ``real property'' 
        means real estate consisting of--</DELETED>
                <DELETED>    (A) land;</DELETED>
                <DELETED>    (B) buildings, crops, forests, or other 
                resources still attached to or within the 
                land;</DELETED>
                <DELETED>    (C) improvements or fixtures permanently 
                attached to the land;</DELETED>
                <DELETED>    (D) any structure on the land; 
                or</DELETED>
                <DELETED>    (E) any interest, benefit, right, or 
                privilege in the property described in subparagraphs 
                (A) through (D).</DELETED>
        <DELETED>    (6) Secretary.--The term ``Secretary'' means the 
        Secretary of the Interior.</DELETED>
<DELETED>    (b) Cadastre of Federal Real Property.--</DELETED>
        <DELETED>    (1) Interagency data standardization.--Not later 
        than 18 months after the date of enactment of this Act, the 
        Secretary, in consultation with the heads of landholding 
        agencies, shall jointly develop and adopt interagency standards 
        to ensure compatibility and interoperability among applicable 
        Federal databases with respect to the collection and 
        dissemination of data relating to Federal real 
        property.</DELETED>
        <DELETED>    (2) Development of cadastre.--Not later than 2 
        years after the date of enactment of this Act, the Secretary, 
        in consultation with the heads of landholding agencies, shall 
        develop (and thereafter maintain) a current and accurate 
        multipurpose cadastre of Federal real property and any real 
        property included under paragraph (3)(A) to support Federal 
        land management activities on Federal real property, 
        including--</DELETED>
                <DELETED>    (A) resource development and 
                conservation;</DELETED>
                <DELETED>    (B) agricultural use;</DELETED>
                <DELETED>    (C) active forest management;</DELETED>
                <DELETED>    (D) environmental protection; 
                and</DELETED>
                <DELETED>    (E) other use of the real 
                property.</DELETED>
        <DELETED>    (3) Cost-sharing.--</DELETED>
                <DELETED>    (A) In general.--The Secretary may enter 
                into cost-sharing agreements with States to include any 
                non-Federal land in a State in the cadastre under 
                paragraph (2).</DELETED>
                <DELETED>    (B) Cost share.--The Federal share of any 
                cost-sharing agreement described in subparagraph (A) 
                shall not exceed 50 percent of the total cost to a 
                State for the development of the cadastre of non-
                Federal land in the State.</DELETED>
        <DELETED>    (4) Consolidation and report.--Not later than 180 
        days after the date of enactment of this Act, the Secretary 
        shall submit to the Committee on Energy and Natural Resources 
        of the Senate and the Committee on Natural Resources of the 
        House of Representatives a report describing--</DELETED>
                <DELETED>    (A) the existing real property inventories 
                or any components of any cadastre of Federal real 
                property currently authorized by law or maintained by 
                the Department, including--</DELETED>
                        <DELETED>    (i) the statutory authorization 
                        for each existing real property inventory or 
                        component of a cadastre; and</DELETED>
                        <DELETED>    (ii) the amount expended by the 
                        Federal Government for each existing real 
                        property inventory or component of a cadastre 
                        in fiscal year 2020;</DELETED>
                <DELETED>    (B) the existing real property inventories 
                or any components of any cadastre of Federal real 
                property currently authorized by law or maintained by 
                the Department that will be eliminated or consolidated 
                into the multipurpose cadastre under paragraph 
                (2);</DELETED>
                <DELETED>    (C)(i) the existing real property 
                inventories or any components of any cadastre of 
                Federal real property currently authorized by law or 
                maintained by the Department that will not be 
                eliminated or consolidated into the multipurpose 
                cadastre under paragraph (2); and</DELETED>
                <DELETED>    (ii) a justification for not eliminating 
                or consolidating an existing real property inventory or 
                component of a cadastre described in clause (i) into 
                the multipurpose cadastre under paragraph 
                (2);</DELETED>
                <DELETED>    (D) the use of existing real property 
                inventories or any components of any cadastre currently 
                maintained by any unit of State or local government 
                that can be used to identify Federal real property 
                within that unit of government;</DELETED>
                <DELETED>    (E) the cost savings that will be achieved 
                by eliminating or consolidating duplicative or unneeded 
                real property inventories or any components of any 
                cadastre of Federal real property currently authorized 
                by law or maintained by the Department that will become 
                part of the multipurpose cadastre under paragraph 
                (2);</DELETED>
                <DELETED>    (F) a plan for the implementation of this 
                section, including a cost estimate and an assessment of 
                the feasibility of using revenue from any transactional 
                activity authorized by law to offset any costs of 
                implementing this section;</DELETED>
                <DELETED>    (G) an assessment described in 
                subparagraphs (A) through (E) with regard to each 
                cadastre and inventory of Federal real property 
                authorized, operated, or maintained by each other 
                Federal agency, which shall be conducted in 
                consultation with the Director of the Office of 
                Management and Budget, the Administrator of the General 
                Services Administration, and the Comptroller General of 
                the United States; and</DELETED>
                <DELETED>    (H) recommendations for any legislation 
                necessary to increase the cost savings and enhance the 
                effectiveness and efficiency of replacing, eliminating, 
                or consolidating Federal real property inventories or 
                any components of any cadastre of Federal real property 
                currently authorized by law or maintained by the 
                Department.</DELETED>
        <DELETED>    (5) Coordination.--</DELETED>
                <DELETED>    (A) In general.--In carrying out this 
                section, the Secretary shall--</DELETED>
                        <DELETED>    (i) participate (in accordance 
                        with section 216 of the E-Government Act of 
                        2002 (44 U.S.C. 3501 note; Public Law 107-347) 
                        and section 757 of the Geospatial Data Act of 
                        2018 (43 U.S.C. 2806)) in the establishment of 
                        such standards and common protocols as are 
                        necessary to ensure the interoperability of 
                        geospatial information pertaining to the 
                        cadastre under paragraph (2) for all users of 
                        the information;</DELETED>
                        <DELETED>    (ii) coordinate with, seek 
                        assistance and cooperation of, and provide 
                        liaison to the Federal Geographic Data 
                        Committee established by section 753(a) of the 
                        Geospatial Data Act of 2018 (43 U.S.C. 2802(a)) 
                        for the implementation of and compliance with 
                        such standards and requirements of that Act as 
                        may be applicable to--</DELETED>
                                <DELETED>    (I) the cadastre under 
                                paragraph (2); and</DELETED>
                                <DELETED>    (II) any aspect of the 
                                development of the cadastre under 
                                paragraph (2);</DELETED>
                        <DELETED>    (iii) integrate, or make the 
                        cadastre interoperable with, the Federal Real 
                        Property Profile or other inventories 
                        established pursuant to Executive Order 13327 
                        (40 U.S.C. 121 note; relating to Federal real 
                        property asset management), the Federal Assets 
                        Sale and Transfer Act of 2016 (40 U.S.C. 1303 
                        note; Public Law 114-287), or the Federal 
                        Property Management Reform Act of 2016 (Public 
                        Law 114-318; 130 Stat. 1608); and</DELETED>
                        <DELETED>    (iv) to the maximum extent 
                        practicable, integrate with and leverage 
                        current cadastre activities of units of State 
                        and local government.</DELETED>
                <DELETED>    (B) Contracts considered surveying and 
                mapping.--</DELETED>
                        <DELETED>    (i) In general.--A contract 
                        between the Secretary and a member of the 
                        private sector to provide products and services 
                        for the development of the cadastre shall be 
                        considered to be a contract for services of 
                        surveying and mapping (within the meaning of 
                        chapter 11 of title 40, United States 
                        Code).</DELETED>
                        <DELETED>    (ii) Selection procedures.--A 
                        contract described in clause (i) shall be 
                        entered into in accordance with the selection 
                        procedures in chapter 11 of title 40, United 
                        States Code.</DELETED>
<DELETED>    (c) Transparency and Public Access.--The Secretary shall--
</DELETED>
        <DELETED>    (1) in accordance with any requirements applicable 
        to the Department under section 759 of the Geospatial Data Act 
        of 2018 (43 U.S.C. 2808), make the cadastre under subsection 
        (b)(2) publicly available on the internet--</DELETED>
                <DELETED>    (A) in a graphically geo-enabled and 
                searchable format; and</DELETED>
                <DELETED>    (B) in a manner that is consistent with, 
                and meets any requirements for integration with, the 
                GeoPlatform established under section 758(a) of that 
                Act (43 U.S.C. 2807(a));</DELETED>
        <DELETED>    (2) ensure that the inventory referred to in 
        subsection (b) includes the identification of all land suitable 
        for disposal in accordance with the Federal Land Policy and 
        Management Act of 1976 (43 U.S.C. 1701 et seq.); and</DELETED>
        <DELETED>    (3) in consultation with the Secretary of Defense 
        and the Secretary of Homeland Security, prevent the disclosure 
        of any parcel or parcels of land, any buildings or facilities 
        on the land, or any information related to the land, buildings, 
        or facilities if that disclosure would impair or jeopardize the 
        national security or homeland defense of the United 
        States.</DELETED>
<DELETED>    (d) Applicable Law.--Any data that is part of the cadastre 
developed under subsection (b)(2) shall be--</DELETED>
        <DELETED>    (1) considered to be geospatial data for purposes 
        of the Geospatial Data Act of 2018 (43 U.S.C. 2801 et seq.); 
        and</DELETED>
        <DELETED>    (2) subject to the requirements of that 
        Act.</DELETED>
<DELETED>    (e) Effect.--Nothing in this section--</DELETED>
        <DELETED>    (1) creates any substantive or procedural right or 
        benefit; or</DELETED>
        <DELETED>    (2) requires or authorizes--</DELETED>
                <DELETED>    (A) any new surveying or mapping of 
                Federal real property;</DELETED>
                <DELETED>    (B) the evaluation of any parcel of land 
                or other real property for potential management by a 
                non-Federal entity;</DELETED>
                <DELETED>    (C) the disposal of any Federal real 
                property; or</DELETED>
                <DELETED>    (D) any new appraisal or assessment of--
                </DELETED>
                        <DELETED>    (i) the value of any parcel of 
                        Federal land or other real property; 
                        or</DELETED>
                        <DELETED>    (ii) the cultural and 
                        archaeological resources on any parcel of 
                        Federal land or other real property.</DELETED>

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Federal Land Asset Inventory Reform 
Act of 2021''.

SEC. 2. CADASTRE OF FEDERAL REAL PROPERTY.

    (a) Definitions.--In this section:
            (1) Cadastre.--
                    (A) In general.--The term ``cadastre'' means an 
                inventory of real property developed through 
                collecting, storing, retrieving, or disseminating 
                graphical or digital data depicting natural or man-made 
                physical features, phenomena, or boundaries of the 
                earth, and any information related to the data, 
                including--
                            (i) surveys;
                            (ii) maps;
                            (iii) charts;
                            (iv) satellite and airborne remote sensing 
                        data;
                            (v) images; and
                            (vi) services of an architectural or 
                        engineering nature performed by 1 or more 
                        professionals, as authorized to perform the 
                        services under State law, if applicable, such 
                        as--
                                    (I) a surveyor;
                                    (II) a photogrammetrist;
                                    (III) a hydrographer;
                                    (IV) a geodesist; or
                                    (V) a cartographer.
                    (B) Inclusions.--The term ``cadastre'' includes--
                            (i) a reference frame consisting of a 
                        current geodetic network that is consistent 
                        with, and not duplicative of, the National 
                        Geodic Survey of the National Oceanic and 
                        Atmospheric Administration;
                            (ii) a series of current and accurate 
                        large-scale maps;
                            (iii) an existing cadastral boundary 
                        overlay delineating all cadastral parcels;
                            (iv) a system for indexing and identifying 
                        each cadastral parcel; and
                            (v) a series of land data files, each 
                        including the parcel identifier, which can be 
                        used to retrieve information and cross-
                        reference between and among other existing data 
                        files that may contain information about the 
                        use, assets, and infrastructure of each parcel.
            (2) Federal real property.--The term ``Federal real 
        property'' means any real property owned, leased, or otherwise 
        managed by the Secretary concerned.
            (3) Real property.--The term ``real property'' means real 
        estate consisting of--
                    (A) land;
                    (B) buildings, crops, forests, or other resources 
                still attached to or within the land;
                    (C) improvements or fixtures permanently attached 
                to the land;
                    (D) any structure on the land; or
                    (E) any interest, benefit, right, or privilege in 
                the property described in subparagraphs (A) through 
                (D).
            (4) Secretary concerned.--The term ``Secretary concerned'' 
        means--
                    (A) the Secretary of the Interior; or
                    (B) the Secretary of Agriculture, acting through 
                the Chief of the Forest Service.
    (b) Cadastre of Federal Real Property.--
            (1) Interagency data standardization.--Not later than 18 
        months after the date of enactment of this Act, the Secretaries 
        concerned shall jointly develop and adopt interagency standards 
        to ensure compatibility and interoperability among applicable 
        Federal databases with respect to the collection and 
        dissemination of data relating to Federal real property.
            (2) Development of cadastre.--Not later than 2 years after 
        the date of enactment of this Act, the Secretaries concerned, 
        subject to the availability of appropriations, shall develop 
        (and thereafter maintain) a current and accurate multipurpose 
        cadastre of Federal real property under the jurisdiction of the 
        Secretaries concerned to support Federal land management 
        activities on Federal real property, including--
                    (A) resource development and conservation;
                    (B) agricultural use;
                    (C) active forest management;
                    (D) environmental protection; and
                    (E) other use of the real property.
            (3) Consolidation and report.--Not later than 180 days 
        after the date of enactment of this Act, the Secertaries 
        concerned shall submit to the Committee on Energy and Natural 
        Resources of the Senate and the Committee on Natural Resources 
        of the House of Representatives a report describing--
                    (A) the existing real property inventories or any 
                components of any cadastre of Federal real property 
                currently authorized by law or maintained by the 
                Secretary concerned, including--
                            (i) the statutory authorization for each 
                        existing real property inventory or component 
                        of a cadastre; and
                            (ii) the amount expended by the Federal 
                        Government for each existing real property 
                        inventory or component of a cadastre in fiscal 
                        year 2020;
                    (B) the existing real property inventories or any 
                components of any cadastre of Federal real property 
                currently authorized by law or maintained by the 
                Secretary concerned that will be eliminated or 
                consolidated into the multipurpose cadastre under 
                paragraph (2);
                    (C)(i) the existing real property inventories or 
                any components of any cadastre of Federal real property 
                currently authorized by law or maintained by the 
                Secretary concerned that will not be eliminated or 
                consolidated into the multipurpose cadastre under 
                paragraph (2); and
                    (ii) a justification for not eliminating or 
                consolidating an existing real property inventory or 
                component of a cadastre described in clause (i) into 
                the multipurpose cadastre under paragraph (2);
                    (D) the use of existing real property inventories 
                or any components of any cadastre currently maintained 
                by any unit of State or local government that can be 
                used to identify Federal real property within that unit 
                of government;
                    (E) the cost savings that will be achieved by 
                eliminating or consolidating duplicative or unneeded 
                real property inventories or any components of any 
                cadastre of Federal real property currently authorized 
                by law or maintained by the Secretary concerned that 
                will become part of the multipurpose cadastre under 
                paragraph (2);
                    (F) a plan for the implementation of this section, 
                including a cost estimate and an assessment of the 
                feasibility of using revenue from any transactional 
                activity authorized by law to offset any costs of 
                implementing this section; and
                    (G) recommendations for any legislation necessary 
                to increase the cost savings and enhance the 
                effectiveness and efficiency of replacing, eliminating, 
                or consolidating Federal real property inventories or 
                any components of any cadastre of Federal real property 
                currently authorized by law or maintained by the 
                Secretary concerned.
            (4) Coordination.--
                    (A) In general.--In carrying out this section, the 
                Secretaries concerned shall--
                            (i) participate (in accordance with section 
                        216 of the E-Government Act of 2002 (44 U.S.C. 
                        3501 note; Public Law 107-347) and section 757 
                        of the Geospatial Data Act of 2018 (43 U.S.C. 
                        2806)) in the establishment of such standards 
                        and common protocols as are necessary to ensure 
                        the interoperability of geospatial information 
                        pertaining to the cadastre under paragraph (2) 
                        for all users of the information;
                            (ii) coordinate with, seek assistance and 
                        cooperation of, and provide liaison to the 
                        Federal Geographic Data Committee established 
                        by section 753(a) of the Geospatial Data Act of 
                        2018 (43 U.S.C. 2802(a)) for the implementation 
                        of and compliance with such standards and 
                        requirements of that Act as may be applicable 
                        to--
                                    (I) the cadastre under paragraph 
                                (2); and
                                    (II) any aspect of the development 
                                of the cadastre under paragraph (2);
                            (iii) integrate, or make the cadastre 
                        interoperable with, the Federal Real Property 
                        Profile or other inventories established 
                        pursuant to Executive Order 13327 (40 U.S.C. 
                        121 note; relating to Federal real property 
                        asset management), the Federal Assets Sale and 
                        Transfer Act of 2016 (40 U.S.C. 1303 note; 
                        Public Law 114-287), or the Federal Property 
                        Management Reform Act of 2016 (Public Law 114-
                        318; 130 Stat. 1608); and
                            (iv) to the maximum extent practicable, 
                        integrate with and leverage current cadastre 
                        activities of units of State and local 
                        government.
                    (B) Contracts considered surveying and mapping.--
                            (i) In general.--A contract between the 
                        Secretaries concerned and a member of the 
                        private sector to provide products and services 
                        for the development of the cadastre shall be 
                        considered to be a contract for services of 
                        surveying and mapping (within the meaning of 
                        chapter 11 of title 40, United States Code).
                            (ii) Selection procedures.--A contract 
                        described in clause (i) shall be entered into 
                        in accordance with the selection procedures in 
                        chapter 11 of title 40, United States Code.
    (c) Transparency and Public Access.--The Secretary concerned 
shall--
            (1) in accordance with any requirements applicable to the 
        Secretary concerned under section 759 of the Geospatial Data 
        Act of 2018 (43 U.S.C. 2808), make the cadastre under 
        subsection (b)(2) publicly available on the internet--
                    (A) in a graphically geo-enabled and searchable 
                format; and
                    (B) in a manner that is consistent with, and meets 
                any requirements for integration with, the GeoPlatform 
                established under section 758(a) of that Act (43 U.S.C. 
                2807(a));
            (2) ensure that the inventory referred to in subsection (b) 
        includes the identification of all land suitable for disposal 
        and the appraised value of the land, if an appraisal has been 
        conducted, in accordance with the Federal Land Policy and 
        Management Act of 1976 (43 U.S.C. 1701 et seq.); and
            (3) in consultation with the Secretary of Defense and the 
        Secretary of Homeland Security, prevent the disclosure of any 
        parcel or parcels of land, any buildings or facilities on the 
        land, or any information related to the land, buildings, or 
        facilities if that disclosure would impair or jeopardize the 
        national security or homeland defense of the United States.
    (d) Applicable Law.--Any data that is part of the cadastre 
developed under subsection (b)(2) shall be--
            (1) considered to be geospatial data for purposes of the 
        Geospatial Data Act of 2018 (43 U.S.C. 2801 et seq.); and
            (2) subject to the requirements of that Act.
    (e) Effect.--Nothing in this section--
            (1) creates any substantive or procedural right or benefit; 
        or
            (2) requires or authorizes--
                    (A) any new surveying or mapping of Federal real 
                property;
                    (B) the evaluation of any parcel of land or other 
                real property for potential management by a non-Federal 
                entity;
                    (C) the disposal of any Federal real property; or
                    (D) any new appraisal or assessment of--
                            (i) the value of any parcel of Federal land 
                        or other real property; or
                            (ii) the cultural and archaeological 
                        resources on any parcel of Federal land or 
                        other real property.
                                                       Calendar No. 299

117th CONGRESS

  2d Session

                                S. 2433

                          [Report No. 117-91]

_______________________________________________________________________

                                 A BILL

  To require the Secretary of the Interior to develop and maintain a 
                   cadastre of Federal real property.

_______________________________________________________________________

                             March 2, 2022

                       Reported with an amendment