NSPS Attends Senator's "Victims of Government" Event

NSPS government affairs representative John "JB" Byrd recently attended a policy roundtable with Sen. Ron Johnson (R-WI) on regulatory reform. Sen. Johnson is seeking examples of burdensome over-reach by federal agencies that adversely affect professionals and businesses.  The Senator's "Victims of Government" project can be found on his website.

NSPS Reports on Questionnaire Results and Strategic Planning Meeting

During its Spring 2013 Business Meetings NSPS heard a report on the results of a questionnaire conducted by its government affairs consultant John M. Palatiello and Associates (JMP&A). Following the report, a planning session was conducted with the NSPS Board of Governors, NSPS Board of Directors, State Executives Forum members, NSPS media consultant Flatdog Media, and others in the audience.

The questionnaire asked surveyors to rate several broad concepts.  The most popular response was “requiring the use of surveying and mapping data and services requirements in federal program legislation (e.g Endangered Species Act, Corps of Engineers Water Resource Development Act, etc.)” with 48% saying it was most important, edging out “elevating the status, stature and classification of surveyors” with 47.5%, followed by “create a requirement for use and application of geospatial/place/location/survey-based data in all federal programs” with 45.9%.

An overwhelming 87.4% of surveyors said the threat of interference with GPS by systems such as LightSquared is an issue of importance. Similarly, 87% said it is very important that the image of professional surveyors and the professional surveying community be improved and enhanced.

86.4% of the surveyors responding to the questionnaire said that qualifications-based selection (QBS) is the preferred method for government procurement of surveying and mapping activities. 41.1% of surveyors said unfair competition from universities or government agencies a problem or concern.  More than half (53.7%) of surveyors have not participated in a “design-build” project, while 25.2% said they have worked on such projects and found it worked well, 11.9% competed using design-build but were not selected, and 9.2 percent said they do not like design-build and refuse to participate in such projects.

Results of the questionnaire will be used by NSPS to determine government relations priorities and key aspects of the strategic plan. The questionnaire was distributed to NSPS members and surveyors throughout the United States during a two-month period to gain feedback.

Following the report on the questionnaire, a facilitated two-hour session was held to collect views and ideas for NSPS strategic objectives. Issues similar to those garnered in the legislative questionnaire were offered by the audience.  Areas where NSPS leaders and grass roots representatives said the most attention should be focused include:

• communication with members, clients and targeted groups, and the general public;
• education for currently practicing surveyors, workforce development and attracting young people into the profession, 4-year degree requirements and university programs to prepare the next generation of surveyors;
• enhancing the public and professional image of surveyors and establishing NSPS as an effective voice for the surveying community;
• growing and strengthening NSPS as a national professional society and improving its value to the members; and
• strengthening the government affairs program to advocate for surveyors and to increase legislators’ awareness of the importance of surveying and mapping in programs and projects intended to solve global, national, state, and local problems; increasing NSPS member activity in building relationships with members of Congress; and building a stronger liaison between NSPS and state societies on legislative affairs, including revisions to state surveyor licensing laws to cover newer, emerging, and non-traditional markets and services.

Conducting the analysis of the initial input from the surveying community and NSPS membership is part of a process that will span the remainder of the year to provide NSPS with a new strategic plan. NSPS leadership will continue to work with JMP&A and Flatdog Media to engage NSPS members and the surveying community at large to gain input for the plan.

NSPS will continue to keep the surveying-related publications informed to provide further distribution of the progress toward development of the new NSPS Strategic Plan.

HUD Multi-Family Acquiesces to ALTA/ACSM Position on Certification

Gary Kent, Chair of the NSPS ALTA/ACSM Survey Committee

Effective February 23, 2011, the Minimum Standard Detail Requirements for ALTA/ACSM Land Title Surveys mandated that only its unaltered Section 7 certification is to be used.  This move was made in response to a seemingly endless supply of lender-mandated certifications that surveyors were told they ’had’ to use on Land Title Surveys even though their use routinely caused surveyors to make express guarantees and warranties that invalidated professional liability insurance and violated their state laws and Board rules.

The only allowable alteration to that certification is as may be required under Section 3.B. of the 2011 ALTA/ACSM Standards - referencing requirements of jurisdictions and agencies that regulate the practice of surveying.  This most commonly, if not exclusively, refers to certification requirements mandated by a number of State Licensing Boards for surveyors practicing in their jurisdictions.  Obviously, notwithstanding the ‘only’ and ‘unaltered’ wording of the ALTA/ACSM Section 7 certification, if state law mandates certain certification wording, surveyors working in those jurisdictions have to include such wording on their ALTA/ACSM Land Title Surveys.  Although attorneys working for HUD Multi-family routinely invoke Section 3.B. as justification for telling surveyors that they have to use the HUD certification, they are off-track on that issue because – while HUD has its own requirements - it most certainly does not ‘regulate the practice’ of surveying in any jurisdiction.

Ever since the introduction of the 2011 ALTA/ACSM Standards, surveyors across the country have spent innumerable hours arguing with HUD attorneys over this issue.  Under Section 7 of the standards, the only logical middle-ground on the certification conundrum was for the surveyor to provide the HUD certification on separate letterhead, cross-referenced to the survey.  The survey plat itself would bear only the Section7 certification, but HUD could still get its wording - albeit not on the face of the survey.  Some HUD offices and attorneys would accept this compromise, while others would not, thus putting the surveyor and the attorney on a collision course that usually wasted a lot of time and energy.

Recently, an alert surveyor in Alabama notified the NSPS ALTA/ACSM Survey Committee of a HUD website that he found which at long-last lays this issue to rest.  The webpage is entitled Multifamily Document Reform Implementation Frequently Asked Questions - Surveyor's Report and Instructions. It states the following in response to an FAQ about the certification issue: “[HUD Multi-Family] Housing will accept the HUD Certification on a seperate [sic] sheet of paper and cross referenced to the survey.”

It is not clear when this FAQ was posted, but it should end the acrimonious debate between surveyors and attorneys over how to address the HUD certification.  NSPS is still working to find a way to engage HUD on the entire issue of the redundancy of its own separate certification, but in the meantime, due to this HUD position, surveyors no longer should have to weigh making clients angry against violating the ALTA/ACSM Standards.

NSPS Foundation $5,000 Trig-Star Scholarship Fund

Applicants must be high school seniors who have participated in the Trig-Star Contest at some point in their high school career, and plan to enroll in a college degree program that leads to either a two-year Associates degree or a four-year program leading to a Bachelor of Science degree in surveying and mapping (the Land Surveying profession). Applicants are not required to have won any level of the Trig-Star Contest,  but must have participated in the contest when offered at their high school. To view the application, click here.

The 2013 International Federation of Surveyors (FIG) Working Week

The 2013 International Federation of Surveyors (FIG) Working Week was held May 4-10 in Abuja, Nigeria with the theme Environment for Sustainability.  Delegates from 36 member organizations, including NSPS, attended.  Due to security restrictions some organizations were not able to send delegates.  In total there were over 2200 attendees with almost 2000 from Nigeria.

The Opening Ceremony was held in the African Hall of the Abuja International Conference Centre.  The president of the Federal Republic of Nigeria, Dr. Goodluck Ebele Jonathan was scheduled to be the guest speaker.  However, due to a conflict, he could not attend and his presentation was made by the Nigerian Minister of Works, Architect Mike Onolememe.

Over 200 papers were presented covering all areas of the ten FIG technical commissions.  Partners participating in the working week included UN-Habitat, World Bank, Global Land Tool Network (GLTN), African Union Commission (AUC), African Development Bank (AfDB) and United Nations Economic Commission for Africa (ECA).

More information about the 2013 FIG Working Week is available here.

The next FIG annual conference is the 2014 FIG Congress which will be held in Kuala Lumpur, Malaysia,  June 16-21.

NSPS Thanks Sustaining Members for Continuing Support

Sustaining Members have long been critical to the success of NSPS.  With the recent downturn in the economy, and the ever changing dynamics of communications, the number of Sustaining Members in NSPS has diminished.

Ever faithful , however, have been Berntsen International, Inc., Bureau of Land Management, Florida Surveying and Mapping Society, Professional Land Surveyors of Ohio, and the Tennessee Association of Professional Surveyors.

NSPS wishes to express its sincere appreciation for their loyalty.

To view profiles click here.

NSPS PAC Supports Key Incumbents

On May 21, NSPS government affairs representatives John "JB" Byrd and John Palatiello attended political fundraising events for powerful members of key House Committees with direct oversight and jurisdiction over professional surveyors. NSPS supported Rep. Nick Rahall (D-WV), Ranking Member of the House Transportation and Infrastructure Committee.  He discussed plans to move the Water Resources Development Act (WRDA) this summer, and a Railroad bill in the fall. As long ago as the late 1970s, Rahall fought for surveyors, leading the effort to reinstate the land surveyor as a "lead professional" authorized to certify plans and cross sections under the Surface Mining Control and Reclamation Act. NSPS PAC has also provided support for Rep. Sam Graves (R-MO), Chairman of the House Small Business Committee and a member of the House Transportation and Infrastructure Committee.  Byrd and Palatiello discussed with Graves legislation affecting small business, including the "design-build" process that is costly and often non-competitive for small businesses subcontractors, particularly surveyors.

Survey Summit Welcomes NSPS – July 6-9, 2013

Great Locators Come Together

NSPS members pay only $350 for the Survey Summit -- where you will learn the latest in mobile and web-enabled survey technology, orthometric heighting with GPS, and surveying with the cloud. Come to the Survey Summit to keep up to date on these latest advancements.

The Survey Summit is a unique learning and networking opportunity where the geospatial community comes together to focus on high accuracy mapping, surveying, civil engineering, and GIS technology. This event will help you stay relevant and stake your claim in the future of professional surveying.

For more information visit www.surveysummit.com

Recent Tornados Remind Us about the NSPS Disaster Relief Fund

Click to donate, or apply for disaster assistance.

NSPS Develops Davis-Bacon Strategy

As reported last week, the U.S. Department of Labor has reversed more than 50 years of policy and ruled that some members of survey crews are "mechanics" and "laborers" covered under the Davis-Bacon Act. NSPS Government Affairs Consultant, John M. Palatiello & Associates, Inc. has developed a multi-pronged strategy to overturn the ruling.  NSPS members will soon receive information, including a grass roots alert to contact members of Congress in support of treatment of survey crew members as part of a profession, as Labor rulings and other policies have long held.

Upcoming Webinars/Seminars

Follow the links to learn more:

• Maryland Society of Surveyors
• Pennsylvania Society of Land Surveyors
• New York State Association of Professional Land Surveyors

NSPS Radio Hour on May 20 to Feature Gary Kent, Director of Surveying at the Schneider Corporation

Most NSPS Radio Hour listeners know the name Gary Kent. Gary has long served as the “resident” expert for NSPS on issues related to the ALTA/ACSM Land Title Survey Requirements. He is also a well-known speaker throughout the country on a number of business and survey-related topics.

Join Gary and host Curt Sumner for a discussion about a variety of current topics related to surveying practice. Topics will include Express Map, HUD requirements as related to ALTA/ACSM surveys, engineering surveys in state laws, copyright of the surveyor’s work, a recent ruling by the Department of Labor regarding the Davis-Bacon Act, and tips for surveyors in the ACSM/Victor O. Schinnerer publication The Surveyor’s Contracts and Risk Management Manual.

During the show, listen for the "key question" and be the first to email the correct answer to quikstakescontest@americaswebradio.comquikstakescontest@americaswebradio.com and win a $50 gift certificate from our sponsor, Parker Davis Quik Stakes. No purchase is required to receive the gift certificate. Winners limited to once every three months.

The "key question" for the May 20 show will be, "Which actor do many people say you resemble?"

SaGES 2013

The SaGES (Surveying and Geomatics Educators Society) colloquium is held biennially to bring together surveying and geomatic educators to meet in a friendly, relaxed environment. It is a place to discuss issues to facilitate learning and to develop a support network among fellow educators.

24th Biennial SaGES Colloquium & FIG Regional Conference:

Hosted by the Partnership Degree Program in Surveying and Mapping at Tyler Junior College and the University of Texas at Tyler, June 17-20, 2013

Follow the link to learn more.

2012 Idaho Trigstar Winner Cooper Blas Receives Navy ROTC with Marine Corps Option Scholarship to Purdue University in the Amount of $180,000.

Thanks to Idaho Society of Professional Land Surveyors NSPS Governor Dave Short.

BCFC Requests Examples of UBIT and Unfair University Competition with the Private Sector

The Business Coalition for Fair Competition (BCFC) requests examples of your clients, members, or organization's experience(s) from unfair university competition with the private sector, including small business.

Yesterday, the House Ways and Means Oversight Subcommittee held a hearing on the Internal Revenue Service (IRS) Colleges and Universities Compliance Project which covered the unrelated business income tax (UBIT) for which tax-exempt entities, such as most colleges and universities, are required to pay on any activities and revenue unrelated to their tax-exempt status. For the college and university community, these activities typically can be classified as any activity revenue outside of their direct roles in research and education. Subcommittee Chairman Charles Boustany (R-LA) listed examples such as gyms, golf courses, facility rentals, etc. The April 25, 2013 IRS Report and according to this news article, "found increases to unrelated business taxable income for 90 percent of the colleges and universities examined, totaling about $90 million. There were over 180 changes to the amounts of unrelated business taxable income reported by colleges and universities on Form 990-T; and disallowance of more than $170 million in losses and net operating losses that could amount to more than $60 million in assessed taxes."

For more information and other examples on UBIT, please review the February 14 BCFC Testimony before the Full House Committee on Ways and Means.

To help Chairman Boustany and the House Committee on Ways and Means explore this issue in more detail as well as to help enact a legislative or regulatory solution to this ongoing problem, please submit your examples to John"JB" Byrd, BCFC Government Affairs Manager.

Outreach Team, Customer and Data Services (CDS), Announces Preliminary Flood Hazard Data

We are pleased to announce the Federal Emergency Management Agency’s (FEMA) new Preliminary Flood Hazard Data (preliminary data) search tool! Nation-wide preliminary data are now available to the public in a centralized and easily accessible location, along with FEMA’s other flood mapping products and tools.

Data will begin to phase into the new preliminary data search tool in May 2013. You may access this tool directly, through the Preliminary Flood Hazard Data FEMA webpage (http://www.fema.gov/protecting-homes/view-your-communitys-preliminary-flood-hazard-data) , or through FEMA’s Map Service Center (MSC) Product Catalog. Preliminary data available through this search tool include new or revised preliminary Flood Insurance Rate Maps (FIRMs), Flood Insurance Study (FIS) reports, and FIRM Databases.

The new preliminary data search tool provides:

• Centralized access and simple navigation to nation-wide preliminary flood hazard data
• Quick and easy search functions
• Ability to search for data by state and county
• FEMA Mapping Information eXchange (FMIX) customer service support
• Accessibility of both preliminary and effective data from the MSC

For more information about preliminary data, visit the Preliminary Flood Hazard Data webpage or contact the FMIX at 1-877-FEMA MAP (336-2627). 

NSPS Radio Hour with Curt Sumner, Today's Guest: Jon Warren, PLS

Jon Warren was recently installed as the NSPS Vice President, but he has been active in NSPS for many years. He has served on the NSPS Board of Governors representing the Land Surveyors' Association of Washington, as NSPS Area 10 Director for two terms, and on numerous committees.

Join host Curt Sumner as he talks with Jon about his work experiences and perspectives about the surveying profession, and its national association.

During the show, listen for the "key question" and be the first to email the correct answer to quikstakescontest@americaswebradio.com and win a $50 gift certificate from our sponsor, Parker Davis Quik Stakes. No purchase is required to receive the gift certificate. Winners limited to once every three months.

The "key question" for the May 13 show will be, "Have you worked in other countries, and if so, which ones?"

Tune into the NSPS Radio Hour at 11am.

NSPS ABET Member Society Status Ratified

In October 2012 NSPS News and Views reported that the ABET Board of Directors approved the application from NSPS to assume the responsibilities formerly undertaken by ACSM. The application had been filed subsequent to the merger of ACSM into NSPS, which was finalized in August.

In a recent letter, ABET Executive Director Michael Milligan informed NSPS that the ratification of the ABET Board’s action has been completed. NSPS will continue to enjoy the same privileges and responsibilities formally undertaken by ACSM, including serving as Lead Society for Surveying and Geomatics Programs in all three ABET Accreditation categories (EAC, ASAC, and ETAC).

NSPS has revamped the former ACSM CARE Committee, forming the new NSPS ABET Committee to be chaired by Jason Racette. Jason, with assistance from Steve Frank and Steve Johnson, is updating the Program Evaluator (PEV) team roster to include new members and eliminate the names of those longer wishing to participate.

Anyone interested in participating on the PEV team should contact Curt Sumner at curtis.sumner@nsps.us.com.

2013 National Boy Scouts Jamboree and other NSPS Scouting Activities

Since 1989, NSPS has taken the lead role in operating the Surveying Merit Badge booth during Boy Scouts of America's periodic Jamboree, and has been responsible for several re-writes of the manual that is used by Scouts to achieve that badge. NSPS will continue its role for the 2013 Jamboree. It is worth noting that the Surveying Merit Badge was among the original badges to be offered, and remains among the few badges that have existed continually since then.

The team of NSPS volunteers who will be participating during the upcoming Jamboree (July 15-24, 2013) is coming together well.  The new team leader Will Clark from the St. Louis area has vast experience with the Surveying Merit Badge, and scouting in general, having achieved Eagle Scout status as a youngster. 

Several of the team members for 2013 participated in the last Jamboree, and their experience will be critical to the success this year.  Former team leaders Thomas Brooks and Wayne Hebert have worked with Will and his team in preparing for the event.  With the Jamboree location shifting from Fort A.P. Hill in Virginia to the Summit Bechtel Reserve in the New River Gorge in West Virginia, a number of local West Virginia surveyors have volunteered their time.  To learn more about the Jamboree click here.

In other Boy Scouts Merit Badge news the South Central Chapter of Kansas Society of Land Surveyors participated in the E-13 Expedition Encampment in Hutchinson, Kansas April 19-21, 2013 offering the Surveying Merit Badge to 6,000 Scouts who attended. NSPS provided some promotional materials for this activity, and expects to soon receive a full report.

NSPS Executive Director Curt Sumner was recently contacted by a member of the Boy Scouts of America, National Capital Area Council’s STEM Committee asking if NSPS has developed games and exercises to introduce Cub Scouts to surveying.  Sumner is scheduling a meeting to further discuss NSPS participation with the Cub Scouts.

Ask Mr. Geodesy!

A recent question was presented to NSPS Staff, and it gave us the idea of perhaps beginning a periodic item in NSPS News and Views to be called Ask Mr. Geodesy! Let us know what you think of this idea.

Q.  I have a question that has bothered me for years, and decided to Google who to ask, and came up with your names. The question is:

Continental drift separates North America from Europe at a rate of from 1 to 3 inches a year (depending on which source I choose to believe). Our plat map for our lot lists the longitude of the eastern and western corners of our lot. This longitude is keyed to a line in Greenwich England (as I understand as a layman). If this is so, then how does my property line make any sense? In the 16 years I have lived here, it has moved at least 16 inches, and as much as 48 inches. In a century, the movement is considerable (as much as 30 yards!). How do surveyors deal with this?

Where is my legal ownership? Am I slowly owning my neighbor's lot and my other neighbor owning mine? 

A.  As to how fast plate tectonic motion is separating North America and Europe. The figures will vary a small amount as there no absolute value, but in general a figure of 1-3 inchs (3-8 cm) per year is a good ballpark number. The international source for these motions is the International Earth Rotation and Reference System Service (IERS) who are headquartered in Paris. The IERS uses several difference space-based measurement systems to determine and monitor these changes, probably the best know is the Global Positioning System (GPS). I have attached a copy of a map that shows the velocities of permanent GPS tracking stations around the world recently published by the IERS 

In the United States there is a Federal agency, the National Geodetic Survey (NGS) that provides some of this GPS data to the IERS. This is done through a network of approximately 1900 GPS Continously Operating Reference Stations (CORS) managed by NGS. The majority of these CORS shows that the motion of the North American Tectonic plate east of California is moving to the west at approximately 1.5 - 2.0 cm (0.6 - 0.8 inches) per year. If you could provide more specific information about the location of your property I would be able to direct you to the closes one of these CORS to you and show you it's velocity. Many of these CORS have been in continuous operation for more than a decade.

The issue of coordinates and your property is I hope fairly easy to describe. In the United States coordinates rarely, if ever, are the basis for the definition of property boundaries. A coordinate may be used as a piece of reference information but, with only some very modest exceptions, they do not define the property corners. Any coordinates shown on your plate are there for reference purposes only. Property boundaries are defined as being relative to the adjoining parcels and most often the realization of those boundaries is by some form of physical monument such as an iron pipe, a stone, a concrete monument or sometimes a natural monument such as a tree. Many of us in the surveying community believe that at some point in the future coordinates may ultimately take on a higher place in what is commonly referenced as the "priority of calls" for defining a boundary - but that is well into the future.

All of that being said, there are certain places in the U.S. (i.e. California, western Oregon & Washington) where tectonic events (earthquakes) do from time-to-time cause disruption in the standard practice of boundary surveys. These are most often addressed by specific state statutes that address these problems.  

So the bottom line is that while North America is constantly moving (as is the rest of the planet) the relative relationship of your property to your neighbors remains the same.

Thanks to Dave Doyle for being Mr. Geodesy this week.