Plan to Ensure Adequate Cadastral Survey Review of Boundary Evidence of Significant Land and Resource Transactions and Commercial projects to improve boundary management and minimize risk.
Program Area: All Land and Resource Programs within the Bureau of Land Management, NMSO.
Purpose: This Instruction Memorandum (IM) supplements and further clarifies IM No. 2011122, “Plan to Ensure Adequate Cadastral Review of Boundary Evidence Prior to the Approval of Significant Land and Resource Transactions and Commercial Projects”, issued by the Assistant Director, Minerals and Realty Management, on May 24, 2011, and requires that an adequate risk assessment be performed by Cadastral Survey personnel early in the planning phase of each land and resource transaction and commercial project, as necessary.
Policy/Action: The following policies and procedures apply to land and resource transactions and to commercial projects (a) by the Bureau of Land Management (BLM), (b) by others through land and resources administrated by the BLM, and (c) on non-BLM lands that impact BLM-administered lands and may become future federal interest lands. The policies and procedures in this IM are consistent with the Department of the Interior (DOI) Office of Inspector General (OIG) Final Audit Report, “Department of the Interior’s Management of Land Boundaries” (Audit No. C-IN-MOA-0001-2009), July 16, 2009 (OIG Report) including the BLM response of April 2, 2010, and the Assistant Secretary for Land and Minerals Management (ASLM) supplemental response of August 6, 2010, as well as the Acquisition Handbook and the Land Exchange Handbook.
This policy clarifies existing BLM duties and responsibilities to administer, coordinate, and protect public lands and to reduce the possibility of litigation. Additionally, this policy outlines
steps to carry out these duties and responsibilities including principles and guidelines in the “Standards for Boundary Evidence” (SBE) manual as a risk-based approach to management of land boundaries, particularly those procedures associated with significant land and resource transactions and commercial projects.
A determination will be made as to if an official survey is required or whether an unofficial or administrative survey will suffice. Instances where an unofficial survey could be used might be a transaction which is temporary in nature such as an oil and gas lease. The underlying ownership does not change and at expiration the Federal interest returns to its previous status. These actions can, and are, noted in the official record temporarily and the surveys follow a prescribed list of requested survey elements for easy examination. Issuance of a patent however, creates a permanent transfer of land out of Federal ownership and requires an official survey. Acquisitions and Exchanges fall into this category with lands coming into federal ownership. An official survey may not be conducted only by the Cadastral Survey Program. Cadastral has identified contractors who are able to perform official surveys under BLM’s authority, examination and approval process. A Certified Federal Surveyor (CFEDs) can also be recruited by BLM to expedite necessary cadastral services under this same authority. CFEDs surveyors are private surveyors trained by BLM’s national Training Center with the same training required of all new, incoming BLM surveyors. This is the method of choice when the Division of Cadastral Survey and Geographic Sciences cannot schedule a survey in a timely manner to accommodate any particular project.
To implement this policy at the initiation of a land and resource transaction(s) and commercial project(s), and at various stages of the process as necessary, the responsible district/field office/program lead will perform a risk boundary analysis whereby the accuracy and quality of the boundary line data will be evaluated. The evaluation of the data may range from simple to complex. Consideration may include the method by which the land boundary was determined (stone versus brass cap versus GPS, etc.). Data is available online to help with determination but may not provide enough insight to properly verify the accuracy and adequacy of the lines as depicted. If the researcher is not comfortable with his or her analysis of the data, and/or the data is too complex, Cadastral Survey should be consulted immediately. Of utmost importance is the determination of the need for an official survey or if an unofficial survey will suffice. Official surveys are conducted by BLM’s Cadastral Survey Program and after approval and filing, are recorded in the official BLM records. The Interior Board of Land Appeals has affirmed that unofficial surveys do not mark the boundaries of the Federal lands and do not become part of the official BLM record.
If the requesting office determines that Cadastral consultation is necessary the following actions can be utilized:
1.
Formal Memorandum
2.
Email Message
3.
Form 9600-4, Request for Cadastral Services
4.
SBE Worksheets
In the event an official and/or administrative survey is not needed, however, a cadastral review of the boundary; description; corner; private survey is desired. SBE worksheets may be utilized to request such a cadastral service. A certificate of findings will be issued by cadastral which
will identify management’s risk of the situation prior to a public land transaction decision. The certificate will be filed in the appropriate case file while cadastral will file a copy of the request; accompanying documentation; and certificate within current filing systems. The worksheets in the Acquisition and Exchange Handbooks may also be used in conjunction with the SBE
worksheets listed below. Worksheets Certificates Land Description Review (LDR) Worksheet LDR Certificate Chain of Surveys (COS) Worksheet COS Certificate Certificate of Inspection and Possession (CIP) Worksheet CIP Boundary Assurance Certificate (BAC) Worksheet BAC
In Fiscal year 2012 and beyond the following transaction codes are to be used for all cases established:
AC 981 -CAD REVIEW NOT REQUIRED 01 ENTER DATE DETERMINED NO
CADASTRAL 02 REVIEW NEEDED. 03 MAY BE USED ON ALL CASE TYPES.
AC 982 -CAD REVIEW REQUESTED 01 ENTER DATE CADASTRAL REVIEW
WAS 02 REQUESTED. 03 MAY BE USED ON ALL CASE TYPES.
AC 983 -CAD CERTIFICATE ISSUED 01 ENTER DATE STANDARDS FOR
BOUNDARY 02 EVIDENCE CERTIFICATE(S) ISSUED. 03 MAY BE USED ON ALL CASE TYPES.
Timeframe: This IM and associated activities becomes effective on the date of issuance.
Budget Impact: It is anticipated that there will be an increase in costs at the planning stage of some land and resource transactions and commercial projects. The applicant is liable to the Bureau of Land Management (BLM) for the reasonable cost of such review under the applicable cost recovery agreement with the BLM. The BLM has authority under the Federal Land Policy and Management Act (FLPMA), 43 U.S.C. 1734, 1735, and 1740, to establish fees with respect to transactions involving the public lands to recover the reasonable cost of services that provide a special benefit not shared by the general public, to an identifiable recipient, OMB Cir. No. A-25 rev. Because Congress expects services provided by Federal agencies to be self-sustaining to the extent possible, (Independent Offices Appropriation Act, 31 U.S.C. 9701), and the Office of Financial Management Accounting Handbook mandates cost recovery whenever possible, the BLM has an obligation to establish fees for all services for which it has cost recovery authority.
Background: The OIG Report found that land and resource “ . . . transactions on lands with unreliable boundary surveys and high value resources were routinely processed and approved without the benefit of boundary evidence review by Cadastral Survey personnel,” and made recommendations related to the management of land boundaries. In order to address these recommendations, the BLM will apply the best practices described in the Departmental Manual chapter “Standards for Indian Trust Lands Boundary Evidence” (303 DM 7), and will ensure
adequate cadastral survey for land and resource transactions and commercial projects.
While the BLM has the necessary authority to survey Federal interest lands, including special use and future interest boundaries, an official survey is not always necessary. A secondary source of boundary evidence, which may be less costly and has a relatively quick turnaround, can be substituted but requires the advice of Cadastral Survey before using. The final decision to proceed with transactions and commercial projects remains with the Field Manager/Authorized Official. Land use plans and associated National Environmental Policy Act documents should be reviewed for consistency with all available information on the condition of the boundary and markers being considered.
Manual/Handbook Sections Affected: This IM transmits policy that will be incorporated by all New Mexico State Offices.
Coordination: This IM was coordinated with the BLM New Mexico Divisions of Minerals, Lands, Realty and Cadastral Survey.
Contact: For further information, please contact Robert Casias, Deputy State Director Cadastral Survey and Geographic Sciences, at (505) 954-2030.
Authenticate by:
Kelly Gatlin
Signed by:
Timothy Murphy