[Senate Report 117-91]
[From the U.S. Government Publishing Office]


                                                     Calendar No. 299
117th Congress       }                           {           Report
                                 SENATE
 2d Session          }                           {           117-91

======================================================================



 
            FEDERAL LAND ASSET INVENTORY REFORM ACT OF 2021

                                _______
                                

                 March 2, 2022.--Ordered to be printed

                                _______
                                

   Mr. Manchin, from the Committee on Energy and Natural Resources, 
                        submitted the following

                              R E P O R T

                         [To accompany S. 2433]

    The Committee on Energy and Natural Resources, to which was 
referred the bill (S. 2433), to require the Secretary of the 
Interior to develop and maintain a cadastre of Federal real 
property, having considered the same, reports favorably thereon 
with an amendment in the nature of a substitute and recommends 
that the bill, as amended, do pass.

                               AMENDMENT

    The amendment is as follows:
    Strike all after the enacting clause and insert the 
following:

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 Secretaries 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 cadaster 
                        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.

                                PURPOSE

    As ordered reported, the purpose of S. 2433 is to require 
the Secretary of Agriculture, acting through the Chief of the 
Forest Service, and Secretary of the Interior to develop and 
maintain a cadastre (inventory) of Federal real property under 
the jurisdiction of the Secretaries.

                          BACKGROUND AND NEED

    The Federal Government owns and maintains a multitude of 
properties across the country, including federal lands, 
buildings, and monuments. Generally, inventories of Federal 
property are tracked and accounted for by the respective 
bureaus, agencies, or departments that oversee any given 
property. Accurate and accessible data depicting the boundaries 
and ownership of Federal real property is used in real estate 
transactions, infrastructure projects, land surveys, and to 
facilitate permitted uses on public lands, such as recreation, 
grazing, and resource development.
    The Federal Government does not maintain a database that is 
accessible to the public in order to examine inventories of 
federal real property. As ordered reported, S. 2433 seeks to 
consolidate the information about Federal real property under 
the jurisdiction of the Department of the Interior and the 
Forest Service into a central database, and to make that data 
publicly available. S. 2433 would incorporate graphical, 
numerical, and descriptive data into a database, for purposes 
including, but not limited to, assisting agricultural 
management, resource development and conservation, 
environmental protection, and forest management.

                          LEGISLATIVE HISTORY

    Senators Cramer and Heinrich introduced S. 2433 on July 22, 
2021. The Subcommittee on Public Lands, Forests, and Mining 
held a hearing on the bill on October 19, 2021. Senators 
Romney, Manchin, Young, Sinema, Capito, King, Portman, Warner, 
Cornyn, Rounds, Cramer, and Lummis introduced a related bill, 
S. 1295, on April 21, 2021. Senators Sullivan and Cassidy also 
cosponsored the bill. No further action has been taken. A 
similar bill, H.R. 5522, was introduced in the House by 
Representatives Kind and Westermanon October 8, 2021. No 
further action has been taken.
    Senators Cramer and Heinrich introduced a similar bill in 
the 116th Congress, S. 1295. The Subcommittee on Public Lands, 
Forests, and Mining held a hearing on S. 1295 on September 16, 
2020.
    Then-Representative Cramer and Representative Kind 
introduced similar legislation in the 115th Congress, H.R. 
2199. The House Committee on Natural Resources Subcommittee on 
Federal Lands held a hearing to consider the bill on May 23, 
2017. H.R. 2199 was favorably reported without amendment by the 
Committee on Natural Resources on September 25, 2017 (H. Rept. 
115-322).
    Senator Murkowski (R-AK) introduced similar legislation in 
the 114th Congress, S. 1225. The Senate Committee on Energy and 
Natural Resources held a hearing on the bill on May 14, 2015. 
The legislation was included as section 4401 of S. 2012, the 
Energy Policy Modernization Act, which passed the Senate on a 
roll call vote of 85-12 on April 20, 2016.

                        COMMITTEE RECOMMENDATION

    The Senate Committee on Energy and Natural Resources, in 
open business session on November 18, 2021, by a majority voice 
vote of a quorum present, recommends that the Senate pass S. 
2433, if amended as described herein.

                          COMMITTEE AMENDMENT

    During its consideration of S. 2433, the Committee adopted 
an amendment in the nature of a substitute to the bill. The 
amendment narrows the scope of inventory to Federal real 
property under the jurisdiction of the Secretary of the 
Interior and national forest system land under the jurisdiction 
of the Secretary of Agriculture, acting through the Chief of 
the Forest Service. The amendment also incorporated a separate 
amendment from Senator Lee, which requires the agencies to 
include the appraised value of the land (if an appraisal has 
been conducted) in instances where land suitable for disposal 
is identified and inventoried within the database.
    The amendment is described in detail in the section-by-
section analysis, below.

                      SECTION-BY-SECTION ANALYSIS

Section 1. Short title

    Section 1 provides the short title, the ``Federal Land 
Asset Inventory Reform Act of 2021.''

Section 2. Cadastre of Federal real property

    Subsection (a) defines key terms used in the bill.
    Subsection (b)(1) requires the Secretary of Interior and 
the Secretary of Agriculture, acting through the Chief of the 
Forest Service (the Secretaries), to jointly develop and adopt 
interagency standards to ensure compatibility and 
interoperability among Federal databases for the collection and 
dissemination of data for Federal real property under the 
jurisdiction of the Secretaries within 18 months of enactment.
    Paragraph (2) requires the development of a current and 
accurate multipurpose cadastre of Federal real property to 
support Federal land management activities within 2 years of 
enactment.
    Paragraph (3) requires the Secretaries to submit a report 
describing the existing real property inventories or components 
of any cadastre currently authorized by law or maintained by 
the Secretaries, and sets forth requirements for the report.
    Paragraph (4) requires the Secretaries to participate in 
the establishments of standards and common protocols to ensure 
interoperability of geospatial information, and coordinate with 
the Federal Geographic Data Committee.
    Subsection (c) requires the Secretary to make the cadastre 
publicly available on the internet and ensure that the 
inventory includes the identification of all land suitable for 
disposal under the Federal Land Policy and Management Act of 
1976 (43 U.S.C. 1701 et seq.) while ensuring such disclosure 
would not impair or jeopardize national security.
    Subsection (d) provides that the cadastre shall be 
considered to be geospatial data for purposes of the Geospatial 
Data Act of 2018 (43 U.S.C. 2801 et seq.) and subject to the 
requirements of that Act.

                   COST AND BUDGETARY CONSIDERATIONS

    The Congressional Budget Office has not estimated the costs 
of S. 2433 as passed by the Senate. The Committee has 
requested, but has not yet received, the Congressional Budget 
Office's estimate of the cost of S. 2433 as ordered reported. 
When the Congressional Budget Office completes its cost 
estimate, it will be posted on the Internet at www.cbo.gov.

                      REGULATORY IMPACT EVALUATION

    In compliance with paragraph 11(b) of rule XXVI of the 
Standing Rules of the Senate, the Committee makes the following 
evaluation of the regulatory impact which would be incurred in 
carrying out S. 2433. The bill is not a regulatory measure in 
the sense of imposing Government-established standards or 
significant economic responsibilities on private individuals 
and businesses. No personal information would be collected in 
administering the program. Therefore, there would be no impact 
on personal privacy. Little, if any, additional paperwork would 
result from the enactment of S. 2433, as ordered reported.

                   CONGRESSIONALLY DIRECTED SPENDING

    S. 2433, as ordered reported, does not contain any 
congressionally directed spending items, limited tax benefits, 
or limited tariff benefits as defined in rule XLIV of the 
Standing Rules of the Senate.

                        EXECUTIVE COMMUNICATIONS

    The testimony provided by the Department of the Interior at 
the October 19, 2021, hearing on S. 2433 follows:

Statement of Steve Feldgus, Ph.D., Deputy Assistant Secretary, Land and 
          Minerals Management, U.S. Department of the Interior

    Thank you for the opportunity to testify on S. 2433, the 
Federal Land Asset Inventory Reform Act. The bill directs the 
Department of the Interior (Department) to develop and maintain 
a current multipurpose cadastre of Federal real property and 
provide a report to Congress on such property. The Department 
supports the goals of S. 2433 to modernize and make publicly 
available the nation's inventory of Federal real property 
assets and would welcome the opportunity to work with its 
sponsors on a number of issues discussed below.


                               background


    Cadastral surveys create, restore, mark, and define 
boundaries and subdivisions of land. First proposed by Thomas 
Jefferson and enacted into law by the Land Ordinance of 1785, 
cadastral surveys provide the public and public land managers 
with the essential information needed to correctly determine 
ownership rights and privileges and facilitate good land 
management decisions.
    As our nation grew, Congress created the General Land 
Office in 1812 to handle the rapidly increasing number of 
surveys, public land sales, patents, and land entries. The 
Bureau of Land Management (BLM) assumed responsibility for 
cadastral surveys in 1946, when the merger of the General Land 
Office and the Grazing Service created the BLM. Today, the 
BLM's Cadastral Survey Program maintains the official records 
of more than 200 years' worth of title and cadastral survey 
records, 12 million of which have been scanned, indexed, and 
published online by the BLM for use by the public and Federal 
land managers since 1992.
    In 1994, an executive order established the interagency 
Federal Geographic Data Committee (FGDC), which provides 
managerial and advisory direction for geospatial initiatives 
across the Federal government. The FGDC is tasked with 
promoting the coordination and dissemination of geospatial data 
nationwide and was codified under the Geospatial Data Act of 
2018. The Secretary of the Interior serves as the Chair of the 
FGDC and the BLM leads the FGDC Cadastral Subcommittee, which 
coordinates cadastral data-related activities among Federal, 
state, Tribal, and local governments, and the private sector. 
The BLM publishes two key datasets through the FGDC: (1) the 
Public Land Survey System, which is a coordinated dataset based 
on cadastral survey information used for parcel level mapping; 
and (2) the Surface Management Agency dataset, which captures 
the best available Federal ownership information. Both of these 
datasets support large scale depiction of Federal ownership 
information. The FGDC was also tasked to develop and manage the 
National Spatial Data Infrastructure, which is comprised of the 
technology, policies, and resources necessary to improve 
utilization of geospatial data.
    As part of these efforts, the BLM is responsible for the 
surveying of Federal lands and maintaining the associated land 
title records. In total, the Federal government manages 
approximately 640 million surface acres of the nearly 2.3 
billion acres of land that constitute the United States. In 
addition to these surface lands, the Federal government also 
manages subsurface estate and hundreds of thousands of 
buildings, structures, and other properties. Of all the Federal 
agencies, the BLM administers the largest portfolio of land and 
interests, with 245 million surface acres and approximately 700 
million acres of onshore Federal mineral estate.


                       modernizing record systems


    The Department is committed to the continued development of 
geospatial data and technology as critical investments for our 
nation and is involved in many efforts to modernize cadastral 
and geographic data to better serve a variety of users. In 
2019, the BLM initiated an effort to consolidate and modernize 
its land status records systems through the development of the 
Mineral and Land Records System (MLRS). The MLRS will replace 
the current systems used by the BLM, including the Legacy 
Rehost 2000 case management system, the Alaska Land Information 
System, and the older status records, such as master title 
plats, historical indexes, and tract books. The MLRS will be a 
customer-centric, geospatially-enabled land information system 
that employs standardized business practices. The new system 
will help ensure the quality and accuracy of land and mineral 
records, while securely making them available to the public and 
land managers.


          s. 2433, the federal land asset inventory reform act


    S. 2433 directs the Department to develop and maintain a 
multipurpose cadastre of all Federal real property, including 
land, buildings, crops, forests, and other resources, as well 
as information about the use, assets, and infrastructure of all 
parcels. Under the bill, the cadastre must be made publicly 
available on the internet in a graphically geo-enabled and 
searchable format.
    The Department notes that the scope of the cadastre in S. 
2433--which would span across every Federal landholding 
agency--extends beyond the current resources of the Department, 
and would require extensive new resources to fulfil the bill's 
objectives.
Development of Cadastre
    The Department supports the goal of modernizing inventory 
and cadastre systems and is currently in the process of 
developing a new records system with capabilities that align 
with some of the requirements of the bill. The Department 
welcomes the opportunity to work with the sponsors of S. 2433 
to determine the necessary authority and capacity to 
consolidate Federal real property inventories of cadastre data 
across all landholding agencies, consistent with applicable 
laws. Although the Department oversees roughly 420 million 
acres of Federal lands, many agencies manage hundreds of 
thousands of acres of real property assets which are outside of 
the Department's jurisdiction. While there may be some 
advantages in designating the Department as the lead under the 
bill, we would like to work with the sponsors to adequately 
address the extensive interagency coordination, and assignment 
of roles and responsibilities, necessary to develop and 
maintain the cadastre.
    We would also like to work with the sponsors to refine a 
number of the bill's definitions, including those for real 
property and assets, as well as to clarify the role of the 
Department and the BLM in engaging with other agencies to 
ensure alignment with the requirements of the Geospatial Data 
Act and compatibility with their respective FGDC 
responsibilities. Finally, we would like to work with the 
sponsors to ensure requirements for contracting services for 
the development of the cadastre, as directed in the bill, are 
consistent with the Department of the Interior's procurement 
and contracting practices and include opportunities for small 
and disadvantaged business communities.


                        implementation timeframe


    Section 2 provides 18 months to develop interagency 
standards to ensure compatibility among all Federal databases 
relating to Federal real property. Additionally, Section 2 
requires the development of the cadastre to be completed in 
less than 2 years. We would also like to work with the sponsors 
to develop more achievable deadlines.


                           report to congress


    The bill also requires the Department to submit a report to 
Congress, within 180 days of enactment, that describes the 
existing Federal real property inventory and cadastre and 
recommends whether these existing inventories should be 
eliminated or consolidated into the new multipurpose cadastre 
required under S. 2433. The bill specifies that the report 
should include all real property owned or maintained by the 
entire Federal government, including land; resources such as 
crops or forests associated with the land; buildings or 
structures; and any interest or rights in these properties. 
Furthermore, under the bill, the Department must include the 
anticipated cost savings that will be achieved as part of the 
creation of the new multipurpose cadastre, as well as a plan 
for the implementation of the new multipurpose cadastre. 
Finally, as part of the requirements of the report, the 
Department would need to provide legislative recommendations to 
increase the cost savings and enhance the effectiveness of 
consolidating Federal real property inventories into one 
multipurpose cadastre.
    The Department is cognizant of its duty to be responsive 
and accountable to Congress. Given the magnitude of real 
Federal property and records that must be identified in the 
report required by S. 2433, which includes real Federal 
property maintained by Federal agencies outside of the Interior 
Department, the Department would like to work with the sponsors 
to narrow the scope of the report to DOI jurisdiction to help 
ensure successful completion.


                               conclusion


    The Department and the BLM are proud of its involvement 
with the nation's cadastre and appreciates the Committee's 
interest in this important topic. The Department looks forward 
to working further with the sponsors of S. 2433 to achieve the 
bill's objectives.

                        CHANGES IN EXISTING LAW

    In compliance with paragraph 12 of rule XXVI of the 
Standing Rules of the Senate, the Committee notes that no 
changes in existing law are made by the bill as ordered 
reported.

                                  [all]