[Senate Report 117-91]
[From the U.S. Government Publishing Office]
Calendar No. 299
117th Congress } { Report
SENATE
2d Session } { 117-91
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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.
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