Cadastral Survey Review and Boundary Risk Assessment (BRA) for Significant Land or Resource Transactions

March 7, 2012

In Reply Refer To:

9672 (9560) P

 

 

EMS TRANSMISSION 3/8/2012

Instruction Memorandum No. AZ-2012-017

Expires:  9/30/2013     EXPIRED

 

To:                  Deputy State Directors, District Managers, Field Managers

 

From:              State Director

 

Subject:           Cadastral Survey Review and Boundary Risk Assessment (BRA) for Significant Land or Resource Transactions

 

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

 

Purpose:  This Instruction Memorandum (IM) provides guidance and instruction on the implementation of Washington Office (WO) IM No. 2011-122 in Arizona.  This policy is not intended to disrupt procedures or cause delay in authorizations or actions; rather, it is intended to utilize the Cadastral services to ensure use of reliable boundaries and land descriptions.

 

Policy/Action:  This policy pertains to:  1) all land tenure transactions, including disposal, exchange, withdrawal, designations, and acquisitions; and 2) all commercial projects that have a value in excess of $10,000 and/or are located within ¼ mile of a Federal boundary line, are located within a protraction diagram, or against 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, chaining, 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 request the BLM-Arizona Chief Cadastral Surveyor to perform a BRA.

 

Process Overview:  AOs will follow the guidelines provided in WO IM No. 2011-122 (http://www.blm.gov/wo/st/en/prog/more/cadastralsurvey/cadastral_review_of.html) to determine whether a proposed land or resource transaction or commercial activity is within ¼ mile of a Federal boundary line and is determined to be “significant,” the land, and/or resource value or the capital improvement project equates to at least $10,000.  For transactions and projects that are determined not to be significant, documentation stating so will be filed in the serial case file or project file with a copy sent to the Chief Cadastral Surveyor.  If the proposed action meets the criterion, the AO will submit a formal request to the Chief Cadastral Surveyor to perform a BRA utilizing the attached Land Description Review (LDR) Worksheet.  The LDR Worksheet must contain a general description of the project, including the proponent, schedules and timeframes, and project location.

 

The Chief Cadastral Surveyor, or their delegated land surveyor, in coordination with the AO, will assess the project and determine the appropriate BRA level. A BRA may consist of one or more of the following boundary evidence certificates: 1) LDR; 2) Chain of Surveys (COS); 3) Certificate of Inspection and Possession (CIP); and 4) A Boundary Assurance Certificate (BAC).  If a BAC is to be issued, all three levels of review (LDR, COS, and CIP) must be performed.  In most cases an LDR, including the likely condition of boundary monuments, will be all that is needed.

 

After the appropriate BRA level is determined, the Chief Cadastral Surveyor, or their delegate, will respond to the requestor within 15 days by providing either:  1) a completed LDR Certificate; or 2) a recommended plan of action identifying time frames and cost estimates.  When funding is received and any required field review is completed the Chief Cadastral Surveyor will review and issue the agreed upon certificate, within 10 working days^[1], which would become part of the transaction’s or project’s administrative record.  Should the certificate of the BRA indicate a Federal authority survey is warranted, that request would follow a separate procedure.

 

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 modified.  Please note that for land and mineral transactions requiring entry into LR2000, new action codes have been established and must be used for documenting these new BRA requirements.  These codes include 981 – Cadastral Review Not Required; 982 - Cadastral Review Requested; and 983 – Cadastral Certificate Issued.

 

Timeframe:  This policy is effective immediately.

 

Budget Impact:  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 accounts (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.

 

Directives Affected:  None

 

Coordination: Arizona State Leadership Team, State Budget Officer.

 

Contact:  Questions regarding these instructions should be directed to Stephen Hansen, Arizona State Office, Chief Cadastral Surveyor, AZ-956, 602-417-9558.

 

 

1 Attachment:

1 - Land Description Review (LDR) Worksheet (1 p)