AZ-PIM-2020-002, Cadastral Survey Review and Boundary Risk Assessment for Significant Land or Resource Transactions

 

March 27

 

In Reply Refer To:

9672 (9210) P

 

EMS TRANSMISSION 4/10/2020

Permanent Instruction Memorandum No. AZ-PIM-2020-002

 

To:                  Deputy State Directors, District Managers, Field Managers, Authorized Officers and Fire Management Officers

Attn:                Chief Cadastral Surveyor

 

From:              State Director

 

Subject:           Cadastral Survey-Review and Boundary Risk Assessment for Significant Land or Resource Transactions

 

Program Area:  All Land and Resource Programs within the Bureau of Land Management (BLM) Arizona.

 

Purpose:  This Permanent Instruction Memorandum (PIM) provides guidance and instruction on the implementation of Departmental Manual 600 Part 5 (600 DM 5), Standards for Federal Lands Boundary Evidence (SBE), and BLM Handbook H-9600-1 (Handbook), Management of Land Boundaries, in Arizona.  This policy is not intended to disrupt procedures or cause delay in authorizations or actions.  It is intended to utilize the Cadastral services to ensure the use of reliable boundaries and land descriptions.

 

Policy/Action:  This policy pertains to the following projects or land management actions:

 

1)   All land tenure transactions, including disposal, exchange, withdrawal, designations, and acquisitions;

2)   All legal description to be published in the Federal Register;

3)   All commercial projects that have a value in excess of $10,000;

4)   Projects located within ¼ mile of a Federal boundary line;

5)   Projects located within a protraction diagram;

6)   Projects bounded by, or adjacent to, a body of water

 

Projects include any activity on BLM administered land that is either undertaken or contracted by the agency, such as range improvements, habitat restoration, fuels reduction projects, etc., or authorized by the BLM, such as mineral leasing, recreation permits, grazing permits, etc.  Prior to the approval or initiation of these transactions or commercial projects, Authorizing Officers (AOs) must submit a Land Survey Services Request (LSSR) to the BLM Arizona Chief Cadastral Surveyor to perform a Standards for Boundary Evidence (SBE) review.

 

Process Overview:  AOs will follow the guidelines provided in Chapter I of the Handbook with the assistance of the LSSR Checklist, to determine whether or not a proposed action will require Cadastral Survey services.

 

If the proposed action meets the criteria, the AO will submit a formal request to the Chief Cadastral Surveyor to perform a SBE review utilizing the attached LSSR form.  The LSSR form must contain a general description of the project, including the proponent, schedules and timeframes, and project location.  The completed LSSR form should be submitted via email to BLM_AZ_Cadastral_Services@blm.gov.

 

The Chief Cadastral Surveyor, or their delegated Cadastral Surveyor, in coordination with the AO, or their designee, will assess the project and determine the appropriate SBE review. An SBE will result in one or more of the following boundary evidence certificates: 1) Land Surveyor Report (LSR); 2) Certificate of Inspection and Possession (CIP); or 3) A Boundary Assurance Certificate (BAC).  If a BAC is to be issued, the LSR, and CIP must also be performed.  In most cases an LSR will be sufficient for the intended action.

 

After the appropriate SBE review is completed, the Chief Cadastral Surveyor will respond to the requestor within 15 working days, by providing either:  1) a completed LSR Certificate; or 2) a recommended plan of action identifying time frames and cost estimates.  Should the certificate of the SBE indicate a field review or federal authority survey is required, a funding code for this work will need to be identified.    Once the required field review or survey is completed, the Chief Cadastral Surveyor will issue the agreed upon certificate, within 10 working days, which will become part of the administrative record.

 

The AO will take the results of the certificate under advisement and determine the course of action, including providing documented rationale when the Chief Cadastral Surveyor’s recommendation is not accepted.  Chapter II of the Handbook provides guidance for new action codes of land and mineral transactions requiring entry into Legacy Re-Host 2000 (LR2000).

 

Timeframe:  This policy is effective immediately.

 

Budget Impact:  Chapter III of the Handbook provides guidance on cost recovery for SBE reviews.  It is anticipated that there will be a small increase in costs at the planning stage of land and resource transactions and commercial projects.  Costs associated with preparation of the boundary evidence worksheets and certificates will be determined in accordance with cost recovery regulations and the accounts set up there under if warranted, benefiting activity, or commercial entity(s).  It is expected special accounts will be used to cover the costs when appropriate.  To the extent possible, costs should be recovered from the benefiting external customers.

 

Background:  In its Final Audit Report, “Department of the Interior’s Management of Land Boundaries” (Audit No. C-IN-MOA-0001-2009, dated July 16, 2010), the Office of Inspector General 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 that “using proper risk management procedures, less expensive cadastral services, and other procedures can make this very cost effective.”  The Office of Inspector General made nine recommendations; the BLM responded to numbers four and five by defining what constitutes a “significant” land or resource transaction or commercial project and how to incorporate a Cadastral review of these projects with the issuance of WO IM 2011-122.  The policies contained in WO IM 2011-122, and others were incorporated into 600 DM5 and H-9600-1.

 

Directives Affected:  None.

 

Coordination:  Arizona State Leadership Team, State Budget Officer.

 

Contact:  Questions regarding these instructions should be directed to Gerald T. Davis, Chief Cadastral Surveyor, Arizona State Office (AZ-921), 602 417-9558.

 

Signed:                                                                  Authenticated by:

Raymond Suazo                                                    Janet Bowen

State Director                                                        Staff Assistant

 

Attachments (2)

1.  Land Survey Services Request Checklist (1 p)

2.  Land Survey Services Request Form (LSSR) (2 pp)