43 U.S.C. § 776: Cadastre of Federal real…

Summary

Create and keep a current digital map and data inventory (a cadastre) of federal land and property that the agencies manage. Key words: "cadastre" = an inventory of maps, surveys, images, and related land data; "Federal real property" = land or property owned, leased, or managed by the agency (not trust or restricted Indian land); "real property" = land, buildings, attachments, and related rights; "Secretary concerned" = the agency secretary or the Secretary of Agriculture through the Forest Service. The agencies must adopt shared data standards within 18 months after December 29, 2022, and must build and maintain the cadastre within 2 years after December 29, 2022, if money is available. Within 180 days after December 29, 2022, they must send a report to congressional committees listing existing inventories, the legal authority and 2022 costs for each, which ones will be merged or kept, expected savings, an implementation plan with cost estimates and possible revenue offsets, and suggested laws to help consolidation. They must work with federal geospatial programs and the Federal Geographic Data Committee, make the cadastre work with other federal property inventories, and, where possible, use state and local cadastre work. Private contracts to help build the cadastre are treated as surveying and mapping and must follow federal selection rules. The cadastre must be made public online in a searchable map format, include land shown as suitable for disposal and appraised value if an appraisal exists, and withhold any parcel information that would harm national security after consulting Defense and Homeland Security. The cadastre data are subject to the Geospatial Data Act. Nothing in these rules creates new legal rights or forces new surveys, disposals, evaluations, appraisals, or cultural resource assessments.

Title 43, §776

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(a)Definitions

In this section: (1) Cadastre

(2)Federal real property

(A)In general

The term “Federal real property” means any real property owned, leased, or otherwise managed by the Secretary concerned.

(B)Exclusions

The term “Federal real property” does not include—

(i)real property held in trust by the Federal Government for the benefit of 1 or more Indian Tribes or individual Indians; or

(ii)restricted land owned by an Indian Tribe or individual Indians.

(3)Real property

The term “real property” means real estate consisting of— (A)

(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; 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 December 29, 2022, 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 December 29, 2022, 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 December 29, 2022, 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 2022;

(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).

(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.

(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)

(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.

Notes & Related Subsidiaries

Editorial Notes

References in Text

The Federal Property Management Reform Act of 2016, referred to in subsec. (b)(4)(A)(iii), is Pub. L. 114–318, § 1, Dec. 16, 2016, 130 Stat. 1608, which enacted subchapter VII of chapter 5 of Title 40, Public Buildings, Property, and Works, and chapter 29 of Title 39, Postal Service, amended section 102, 524, and 571 of Title 40, enacted provisions set out as notes under section 571 and 621 of Title 40, and amended provisions set out as a note under section 1303 of Title 40. For complete classification of this Act to the Code, see

Short Title

note set out under section 101 of Title 40 and Tables. The Federal Land Policy and Management Act of 1976, referred to in subsec. (c)(2), is Pub. L. 94–579, Oct. 21, 1976, 90 Stat. 2743, which is classified principally to chapter 35 (§ 1701 et seq.) of this title. For complete classification of this Act to the Code, see

Short Title

note set out under section 1701 of this title and Tables. The Geospatial Data Act of 2018 and that Act, referred to in subsec. (d), is subtitle F (§§ 751–759C) of title VII of div. B of Pub. L. 115–254, Oct. 5, 2018, 132 Stat. 3413, which is classified generally to chapter 46 (§ 2801 et seq.) of this title. For complete classification of this Act to the Code, see

Short Title

note set out under section 2801 of this title and Tables.

Statutory Notes and Related Subsidiaries

Definition of “Secretary”Pub. L. 117–328, div. DD, § 1, Dec. 29, 2022, 136 Stat. 5574, provided that: “In this division [see Tables for classification], the term ‘Secretary’ means the Secretary of the Interior.”

§776 Cadastre of Federal Real Property

Summary

Title 43, §776

Notes & Related Subsidiaries

Editorial Notes

References in Text

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