Tag Archive | Common Land Unit

Farm Bill Restricts Access to CLU GIS Data – Part 3

 

 

In order to assess land cover in agricultural areas across the United States, the U.S. Department of Agriculture (USDA) established the Common Land Unit (CLU) as a standardized GIS data layer (see also ArcUser Online, ESRI, April – June 2002).

Due to language in this year’s Farm Bill (Food, Conservation and Energy Act of 2008), however, CLU GIS data are no longer releasable to the general public or to most other government agencies (CLU Info Sheet, June 2008). See my prior  blog posts for information on the court battle and subsequent language in the Farm Bill:

On a related note, the National Resources Conservation Services (NRCS) posted the following FOIA guidelines for NRCS programs, as per the statutory language of the Farm Bill:

Section 1244 of the Farm Bill includes specific statutory language pertaining to the release of technical and financial assistance information. Technical and financial information includes all information given by cooperators to USDA for the purpose of providing technical or financial assistance to an owner, operator, or producer with respect to any natural resources conservation program administered by the NRCS or FSA. It also includes information that is proprietary to the agricultural operation or land that is part of an agricultural operation of the owner, operator, or producer. It does not include payment information, including payment amounts and the names of payment recipients. .. In general, NRCS technical and financial information is not releasable to the public, and It cannot be released to any person, Federal agency, local agency, or Indian tribe outside of USDA.

Recently, I came across a position paper by AgriData, Inc. (August 28, 2008) that summarizes the impact of the CLU GIS data restriction to farmers and service providers:
Roger Johnson, North Dakota Agriculture Commissioner, submitted this position paper for consideration during the National Association of State Departments of Agriculture (NASDA) annual meeting in September 2008.  In the internal NASDA action item form, titled “Farm Bill 1619 – Public Access to CLU Data,” Johnson asked that NASDA support an amendment to Section 1619 of the 2008 Farm Bill. This amendment, if passed, would allow the CLU data to be placed back into the public domain,  with the following attributes: Field Boundary, Acres, Tract Number, Farm Number, Field Number, Primary Classification of Land Unit Type, Administrating County, State Office.

 The CLU GIS data restirction is also a hot issue for the North Dakota Association of Counties’ GIS in Agland Valuation Forum.  On October 2, 2008, someone on the forum posted a letter by the Tax Commissioner for the State of North Dakota addressed to county tax directors. The letter states:

“House Bill (HB) 1303, passed by the 2007 North Dakota Legislative Assembly, amended North Dakota Century Code § 57-02-27.2(8). This law now requires local assessors to consider soil type and soil classification data from detailed or general soil surveys, the schedule of modifiers to be used within the county, and actual use of the property for cropland or noncropland purposes, when forming the relative value of each assessment parcel under their responsibility.

In March of this year, to assist you and your local assessors in carrying out the duties specified in HB 1303, I asked our office to send a Freedom of Information Act (FOIA) Request to the United States Department of Agriculture – Farm Service Agency (USDA-FSA). The FOIA request sought releasable information County FSA offices may have in their possession pertaining to field delineations and use of agricultural lands in North Dakota.

Specifically, the request sought common land unit (CLU) data collected and maintained by USDA-FSA. The objective was to enable the CLU information, if made available, to be shared with your office for use by you and your assessors when making land valuation determinations required by HB 1303.

Our FOIA request was denied. The 2008 Farm Bill specifically barred new or updated CLU data from release to the public. Thus, any appeal of the denial would likely fail.”

  

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Farm Bill Prevents Release of FSA GIS Data – Part 2

 

Farm Bill Update

As reported by the Sustainable Agriculture Coalition in their weekly update, June 6, 2008:

On Thursday, the Senate by a vote of 77-15 approved the farm bill once again, enabling Congress to send it back to the White House for its re-veto, setting in motion the second veto override vote, likely next week, in the House and Senate.  The bill is exactly the same but for the new bill number – H.R. 6124 replacing H.R. 2419.  The Senate had expected to re-pass the bill earlier in the week, but Senators Tom Coburn (R-OK) and Jim DeMint (R-SC) put “holds” on the vote and threatened to bring up amendments.  By week’s end they settled for 50 minutes of floor time, prior to the re-vote, to catalogue their views of the bill’s failings.

As we have previously reported, all of the farm bill except for the trade title is already the law of the land, but congressional leaders decided the best way to make sure the entire bill becomes law is to do the entire process over again.

  

  

Impact on Access to Common Land Unit GIS Data

As posted on this blog on May 17, the CLU (common land unit) farm field boundary GIS data were available for download from the NRCS Geospatial Gateway (http://datagateway.nrcs.usda.gov/). However, the CLU data has since been removed from the website to conform to the recently passed 2008 Farm Bill.

  

The 2008 Farm Bill Sec 1619 prohibits disclosure of farm-related geospatial information. But, this section also contains provisions about authorized disclosure of this information to USDA cooperators. 

  
SEC. 1619. INFORMATION GATHERING.      

(a) GEOSPATIAL SYSTEMS.-The Secretary shall ensure that all the geospatial data of the agencies of the Department of Agriculture are portable and standardized.
(2) PROHIBITION.-Except as provided in paragraphs (3) and (4), the Secretary, any officer or employee of the Department of Agriculture, or any contractor or cooperator of the Department, shall not disclose-
(A) information provided by an agricultural producer or owner of agricultural land concerning the agricultural operation, farming or conservation practices, or the land itself, in order to participate in programs of the Department;
or
(B) geospatial information otherwise maintained by the Secretary about agricultural land or operations for which information described in subparagraph (A) is provided.

(3) AUTHORIZED DISCLOSURES.-

(A) LIMITED RELEASE OF INFORMATION.-If the Secretary determines that the information described in paragraph (2) will not be subsequently disclosed except in accordance with paragraph (4), the Secretary may release or disclose the information to a person or Federal, State, local, or tribal agency working in cooperation with the Secretary in any Department program-

(i) when providing technical or financial assistance with respect to the agricultural operation, agricultural land, or farming or conservation practices; or
(ii) when responding to a disease or pest threat to agricultural operations, if the Secretary determines that a threat to agricultural operations exists and the disclosure of information to a person or cooperating government entity is necessary to assist the Secretary in responding to the disease or pest threat as authorized
by law.

(4) EXCEPTIONS.-Nothing in this subsection affects-
(A) the disclosure of payment information (including payment information and the names and addresses of recipients of payments) under any Department program that is otherwise authorized by law;

(B) the disclosure of information described in paragraph (2) if the information has been transformed into a statistical or aggregate form without naming any-

(i) individual owner, operator, or producer; or

(ii) specific data gathering site; or

(C) the disclosure of information described in paragraph (2) pursuant to the consent of the agricultural producer or owner of agricultural land.

(5) CONDITION OF OTHER PROGRAMS.-The participation of the agricultural producer or owner of agricultural land in, or receipt of any benefit under, any program administered by the Secretary may not be conditioned on the consent of the agricultural producer or owner of agricultural land under paragraph (4)(C).

(6) WAIVER OF PRIVILEGE OR PROTECTION.-The disclosure of information under paragraph (2) shall not constitute a waiver of any applicable privilege or protection under Federal law, including trade secret protection.

 

 

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