Cadastre of Federal real property

43 U.S.C. § 776

• Title: 43 — Public Lands
• Chapter: 18 — SURVEY OF PUBLIC LANDS

Text

(a) Definitions
In this section:
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.
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.
The term "Federal real property" means any real property owned, leased, or otherwise managed by the Secretary concerned.
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.
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).
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
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.
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.
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.
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.
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).
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) 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.

History

(Pub. L. 117–328, div. DD, title I, §103, Dec. 29, 2022, 136 Stat. 5576.)

Editorial Notes

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 sections 102, 524, and 571 of Title 40, enacted provisions set out as notes under sections 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."

Statutory Notes and Related Subsidiaries

Repeals; Rights Saved; Authorization To Purchase and Cancel Unsatisfied Warrants; Procedure; Limitations; Rights of Transferees; Funds for Payments
Pub. L. 87–558, July 27, 1962, 76 Stat. 246, provided: "That sections 457, 473, and 2414–2446, inclusive, of the Revised Statutes, as amended [sections 782, 785, 791 to 808, and 821 to 835 of this title], and the Act of December 13, 1894 (28 Stat. 594) [section 783 of this title], are hereby repealed. Repeal of said laws shall not affect the rights of holders of warrants described in section 2 of this Act, until such rights are extinguished in accordance with said section, to have their warrants receivable in payment or part payment for lands under the Act of December 13, 1894, supra, to assign their warrants pursuant to sections 2414 and 2444 of the Revised Statutes, and to secure a new warrant in lieu of a warrant lost or destroyed pursuant to section 2441 of the Revised Statutes.
"Sec. 2. The Secretary of the Interior is hereby authorized and directed to purchase at the rate of $1.25 per acre from the holders thereof and to cancel all valid unsatisfied military bounty land warrants which were issued pursuant to the laws repealed by section 1 of this Act and which are recorded with the Secretary pursuant to, and under the terms and conditions of, the Act of August 5, 1955 (69 Stat. 534) [set out as a note to section 274 of this title], and the regulations issued thereunder. The Secretary will send his offer to purchase by registered mail to the post office address of the holder of record with the Secretary as of the time the offer is made and will require the holder to surrender the warrant as a condition of payment therefor. If the holder of a warrant, within one year from and after receipt of an offer to purchase from the Secretary, shall fail to surrender his warrant and accept payment therefor as provided for in this section, the warrant shall not thereafter be accepted by the Secretary of the Interior for further recordation under the Act of 1955, supra, or as a basis for the acquisition of lands, or for payment under this section: Provided, That if within the one year after receipt of an offer to purchase, the warrant is transferred the transferee shall have the remainder of the one-year period or a period of six months, whichever is the longer, within which to surrender his warrant and accept payment.
"Sec. 3. Payments under section 2 of this Act shall be made out of any appropriated funds available to the Secretary of the Interior for expenditure by him."