Indian Land Title and Records, 79965-79972 [2020-26721]
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Federal Register / Vol. 85, No. 239 / Friday, December 11, 2020 / Proposed Rules
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Regulatory Procedures
Executive Order 12866, as
Supplemented by Executive Order
13563
We consulted with the Office of
Management and Budget (OMB) and
determined that this NPRM does not
meet the criteria for a significant
regulatory action under Executive Order
12866, as supplemented by Executive
Order 13563.
We also determined that this NPRM
meets the plain language requirement of
Executive Order 12866.
Executive Order 13132 (Federalism)
We analyzed this proposed rule in
accordance with the principles and
criteria established by Executive Order
13132, and we determined that the
proposed rule will not have sufficient
Federalism implications to warrant the
preparation of a Federalism assessment.
We also determined that this proposed
rule will not preempt any State law or
State regulation or affect the States’
abilities to discharge traditional State
governmental functions.
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Executive Order 12372
(Intergovernmental Review)
The regulations effectuating Executive
Order 12372 regarding
intergovernmental consultation on
Federal programs and activities apply to
this proposed rule.
Regulatory Flexibility Act
We certify that this proposed rule will
not have a significant economic impact
on a substantial number of small entities
because it affects individuals only.
Therefore, the Regulatory Flexibility
Act, as amended, does not require us to
prepare a regulatory flexibility analysis.
Paperwork Reduction Act
These rules do not create any new or
affect any existing collections and,
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therefore, do not require Office of
Management and Budget approval
under the Paperwork Reduction Act.
List of Subjects in 20 CFR Part 401
Administrative practice and
procedure, Privacy.
The Commissioner of the Social
Security Administration, Andrew Saul,
having reviewed and approved this
document, is delegating the authority to
electronically sign this document to
Faye I. Lipsky, who is the primary
Federal Register Liaison for SSA, for
purposes of publication in the Federal
Register.
Faye I. Lipsky,
Federal Register Liaison, Office of Legislation
and Congressional Affairs, Social Security
Administration.
For the reasons stated in the
preamble, we are revising subpart B of
part 401 of title 20 of the Code of
Federal Regulations as set forth below:
PART 401—PRIVACY AND
DISCLOSURE OF OFFICIAL RECORDS
AND INFORMATION
Subpart B—[Amended]
1. The authority citation for subpart B
of part 401 continues to read as follows:
■
Authority: Secs. 205, 702(a)(5), 1106, and
1141 of the Social Security Act (42 U.S.C.
405, 902(a)(5), 1306, and 1320b–11); 5 U.S.C.
552 and 552a; 8 U.S.C. 1360; 26 U.S.C. 6103;
30 U.S.C. 923.
2. In § 401.85, add paragraph
(b)(2)(ii)(H) to read as follows.
*
*
*
*
*
(b)(2) * * *
(ii) * * *
(H) Anti-Fraud, SSA.
*
*
*
*
*
■
[FR Doc. 2020–26754 Filed 12–10–20; 8:45 am]
BILLING CODE 4191–02–P
DEPARTMENT OF THE INTERIOR
Bureau of Indian Affairs
25 CFR Part 150
[201A2100DD, AAKC001030,
A0A501010.999900]
RIN 1076–AF56
Indian Land Title and Records
Bureau of Indian Affairs,
Interior.
ACTION: Proposed rule.
AGENCY:
The Bureau of Indian Affairs
(BIA) is proposing a rule to modernize
the current regulations governing the
SUMMARY:
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Land Title and Records Office (LTRO).
The LTRO maintains title documents for
land held in trust or restricted status for
individual Indians and Tribes (Indian
land). This proposed rule would replace
outdated provisions and allow for more
widespread efficiencies by reflecting
current practices, while creating a
framework for future LTRO operations.
DATES: Please submit written comments
by February 9, 2021. If you wish to
comment on the information collection
requirements in this proposed rule,
please note that the Office of
Management and Budget (OMB) is
required to make a decision concerning
the collection of information contained
in this proposed rule between 30 and 60
days after publication of this proposed
rule in the Federal Register. Therefore,
comments should be submitted to OMB
by January 11, 2021. See the
SUPPLEMENTARY INFORMATION section of
this rulemaking for dates of Tribal
consultation sessions.
ADDRESSES: You may send comments,
identified by RIN number 1076–AF56
by any of the following methods:
• Federal eRulemaking Portal: https://
www.regulations.gov. Follow the
instructions for sending comments.
• Email: consultation@bia.gov.
Include RIN number 1076–AF56 in the
subject line of the message.
• Mail or Hand-Delivery/Courier:
Office of Regulatory Affairs &
Collaborative Action—Indian Affairs
(RACA), U.S. Department of the Interior,
1849 C Street NW, Mail Stop 4660,
Washington, DC 20240.
All submissions received must
include the Regulatory Information
Number (RIN) for this rulemaking (RIN
1076–AF56). All comments received
will be posted without change to https://
www.regulations.gov, including any
personal information provided.
Comments on the Paperwork
Reduction Act information collections
contained in this document are separate
from comments on the substance of the
rulemaking. Send your comments and
suggestions on the information
collection requirements to the Desk
Officer for the Department of the
Interior at OMB–OIRA at (202) 395–
5806 (fax) or OIRA_Submission@
omb.eop.gov (email). Please provide a
copy of your comments to
consultation@bia.gov.
We cannot ensure that comments
received after the close of the comment
period (see DATES) will be included in
the docket for this rulemaking and
considered. Comments sent to an
address other than those listed above
will not be included in the docket for
this rulemaking.
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Federal Register / Vol. 85, No. 239 / Friday, December 11, 2020 / Proposed Rules
FOR FURTHER INFORMATION CONTACT:
Elizabeth Appel, Director, Office of
Regulatory Affairs & Collaborative
Action, (202) 273–4680;
elizabeth.appel@bia.gov.
SUPPLEMENTARY INFORMATION:
I. Background and Summary of Proposed
Rule
II. Tribal Consultation
III. Procedural Requirements
A. Regulatory Planning and Review (E.O.
12866 and E.O. 13563)
B. Regulatory Flexibility Act
C. Small Business Regulatory Enforcement
Fairness Act
D. Unfunded Mandates Reform Act
E. Takings (E.O. 12630)
F. Federalism (E.O. 13132)
G. Civil Justice Reform (E.O. 12988)
H. Consultation with Indian Tribes (E.O.
13175)
I. Paperwork Reduction Act
J. National Environmental Policy Act
K. Effects on the Energy Supply (E.O.
13211)
L. Clarity of this Regulation
M. Public Availability of Comments
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I. Background & Summary of Proposed
Rule
The LTRO maintains title documents
for land that the United States holds in
trust or restricted status for individual
Indians or Tribes (Indian land), roughly
similar to how counties and other
localities maintain title documents for
fee land within their jurisdictions.
Several Acts authorize BIA maintenance
of these title records. See, e.g., 25 U.S.C.
5, 9; 64 Stat. 1262; 34 Stat. 137; 35 Stat.
312; and 38 Stat. 582, 598.
The LTRO has several physical offices
throughout the country. These LTRO
offices are the successors to the ‘‘title
plants’’ that were established by
regulation in 1965 to serve what were
then BIA ‘‘area offices.’’ See 30 FR
11676 (September 11, 1965). Updates to
the regulations in 1981 defined the role
of the LTRO and assigned each LTRO
office a geographic service area,
containing certain BIA area offices or
Tribal reservations. See 46 FR 47537
(September 29, 1981), later redesignated
at 47 FR 13327 (March 30, 1982).
The regulations finalized in 1981 are
still in place (though redesignated from
25 CFR part 120 to 25 CFR part 150).
Now, 40 years later, BIA ‘‘area offices’’
are BIA Regions, and the LTRO
maintains title documents primarily
through an electronic system: The Trust
Asset Accounting Management System
(TAAMS). Each LTRO office records
land title documents that are primarily
within its designated geographic area;
however, it is BIA’s vision that,
eventually, all title documents will be
electronically stored and accessible to
LTRO offices regardless of geographic
area.
The proposed rule modernizes the
LTRO regulations to provide a
framework for continued operations and
future electronic maintenance of most
title documents. This approach will
more efficiently address title-related
actions that support Indian land
transactions (such as a title examination
to take land into trust) by allowing
workloads to be shifted among LTRO
offices to promptly address each request
and prevent the risk of any backlogs.
The proposed rule continues to provide
that each LTRO office is primarily
responsible for certain geographic areas,
but rather than specifying those LTRO
offices in the proposed rule, it instead
points to a web page where BIA can
keep the list accurately updated.
The proposed rule also addresses
changes that have evolved over the past
40 years that have removed
requirements for Secretarial approval of
certain title documents in support of
Tribal self-governance and selfdetermination (e.g., individual leases
under approved Helping Expedite and
Advance Responsible Tribal
Homeownership (HEARTH) Act
regulations) by clarifying that these
documents must still be recorded in the
LTRO because the documents affect
who is authorized to use Indian land.
The proposed rule would also make
more transparent the LTRO’s role as a
support office to BIA and, with respect
to title-related matters related to
probate, the Office of Hearings and
Appeals (OHA). Generally, the Realty
staff in BIA are the primary liaison to
the LTRO, as the Realty staff are
responsible for processing land
transactions requested by Indian and
Tribal landowners. Similarly, the
proposed rule would clarify the LTRO’s
role with respect to any defects to title:
The LTRO provides a notation of the
defect in the record of title, but the
originating office is responsible for
providing the LTRO with a corrected
title document for the LTRO to record.
Finally, the proposed rule would
allow the BIA Director to delegate
recording responsibilities to another
office for certain transactions on an asneeded basis. This provision provides
flexibility to facilitate future electronic
recording capabilities for efficiency.
The following table shows changes
from the current regulation to the
proposed rule.
Current 25 CFR §
Proposed 25 CFR §
Description of changes
150.1 Purpose and scope ...............
150.1 What is the purpose of this
part?.
150.2 Definitions .............................
150.2 What terms do I need to
know?.
Provides more general description of responsibilities (e.g., to account
for other types of reports beyond land title status reports that LTRO
provides).
Alphabetizes terms.
Adds definitions for ‘‘certify,’’ ‘‘certified copy,’’ ‘‘Certifying Officer,’’
‘‘defect’’ or ‘‘title defect,’’ ‘‘I’’ or ‘‘you’’ (for plain language purposes),
‘‘Office of Hearings and Appeals (OHA),’’ ‘‘Probate Inventory Report,’’ ‘‘record of title,’’ ‘‘Region,’’ and ‘‘title.’’
Deletes definitions of ‘‘Administrative Law Judge,’’ ‘‘Commissioner,’’
‘‘land,’’ and ‘‘Superintendent.’’
Revises definition of ‘‘Agency’’ to clarify that contracting and compacting Tribes are included.
Revises definition of ‘‘Indian land’’ to limit to trust or restricted land
only, in accordance with other regulatory definitions, while moving
provisions regarding other categories of land to proposed
§ 150.201(c).
Revises definition of ‘‘recording’’ to move substantive statement as to
the significance of recording a document to the body of the regulation at proposed § 150.101.
Revises definition of ‘‘title document’’ to provide examples.
Revises definition of ‘‘title examination’’ to add detail.
Revises definition of ‘‘Tribe’’ to cite the List Act of 1994.
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Federal Register / Vol. 85, No. 239 / Friday, December 11, 2020 / Proposed Rules
Current 25 CFR §
150.3 Maintenance of land records
and title documents.
150.4 Locations and service areas
for land titles and records offices.
150.5 Other Bureau offices with title
service responsibility.
150.6 Recordation of title documents.
Proposed 25 CFR §
Description of changes
150.3 May Tribes administer this
part on LTRO’s behalf?.
New section to address that Tribes may compact or contract for
LTRO functions under Tribal self-governance and self-determination compacts and contracts.
New section to address the significance of recording a document in
the record of title.
No substantive change.
150.101 What is the purpose of
the record of title?.
150.102 Who maintains the record
of title?.
150.103 What services does the
LTRO perform to maintain the
record of title?.
150.104 How does the LTRO
maintain the record of title?.
150.105 Are certain LTRO offices
responsible for certain geographic areas?.
...................................................
150.201 What is recorded in the
record of title?.
150.202 Must I check with any
other governmental office to find
title documents for Indian land?.
150.203 Who may submit a title
document for recording?.
150.7 Curative action to correct title
defects.
150.8 Title status reports ................
150.9 Land status maps. ................
150.10 Certification of land records
and title documents.
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150.11 Disclosure of land records,
title documents, and title reports.
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New section to provide a list of services that the LTRO performs.
New section to address that the LTRO primarily maintains the record
of title electronically.
Revises to provide flexibility to allow for workload sharing across
LTRO offices while noting LTRO offices have primary responsibility
for certain geographic areas. Replaces the list of addresses for
each LTRO office with a webpage for a more frequently updated
list of each LTRO office’s area of primary geographic area.
Deleted because this section is no longer necessary.
Removes language assuming hard copy transmission of documents.
Adds language to account for the need to record certain documents
that are not subject to Secretarial approval.
Adds that LTRO offices may also maintain documents demonstrating
the rights of use, occupancy, and/or benefit of certain Tribes to
non-Indian land and certain documents related to Indian land that
are not title documents.
New section to specify that in some instances, due diligence may require examination of other records of title for Indian land.
Clarifies the role of the LTRO as a service office for BIA Agencies,
Regions, and OHA, who act as the primary liaison to Indian and
Tribal landowners.
150.204 Who records title docu- Clarifies that the BIA Director may delegate the recording function to
ments?.
other Agency offices by documenting the delegation and types of
transactions to which it applies in the Indian Affairs Manual.
150.205 What are the minimum New section to clarify what must be included in a title document that
requirements for recording a title
is approved by the Secretary and what must be included in title
document?.
documents that are deemed approved.
150.206 What actions will LTRO Revises to provide that LTRO offices will no longer complete admintake if it discovers a title defect?.
istrative modifications; rather they will put a notation in the record
of title and contact the originating office for correction.
........................................................ Incorporated into proposed § 150.302.
........................................................ Incorporated into proposed § 150.302.
150.301 How does LTRO certify Revised for plain language.
copies of title documents?.
150.302 What reports does the Lists the universe of reports that the LTRO may provide for Indian
LTRO provide?.
land.
150.303 Who may request and re- Revises to include the categories of persons/entities that may obtain
ceive copies of title documents
information under current laws including the American Indian Proin the record of title or reports
bate Reform Act of 2004, 25 U.S.C. 2204.
from LTRO without filing a Freedom of Information Act request?.
150.304 Where do I request cop- New section to clarify that the BIA Agency or Region is the liaison to
ies of title documents or reports
the LTRO.
from LTRO?.
150.305 What information must I New section to list what information BIA will require in order to idenprovide when requesting copies
tify the land for which a report is being requested.
of title documents and reports?.
150.306 Will I be charged a fee for New section to provide that the LTRO may charge fees in accordobtaining copies of records?.
ance with the Freedom of Information Act fee schedule, but will not
charge fees to Indian or Tribal landowners.
150.401 Who owns the records New section to clarify what records are Federal records as opposed
associated with this part?.
to Tribal records in cases where a Tribe has contracted or compacted for LTRO functions.
150.402 How must records associ- New section regarding preservation requirements for Federal records.
ated with this part be preserved?.
150.403 How does the Paperwork New section required because the regulation imposes an information
Reduction Act affect this part?.
collection by requiring individuals to provide certain information in
order to obtain copies of records.
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Federal Register / Vol. 85, No. 239 / Friday, December 11, 2020 / Proposed Rules
II. Tribal Consultation
The Department is hosting the
following consultation sessions on this
proposed rule:
Date
Time
Tuesday, January 12, 2021 ............
2 p.m.–4 p.m. Eastern Time ..........
Thursday, January 14, 2021 ...........
2 p.m.–4 p.m. Eastern Time ..........
III. Procedural Requirements
A. Regulatory Planning and Review
(E.O. 12866)
Executive Order (E.O.) 12866 provides
that the Office of Information and
Regulatory Affairs (OIRA) at the Office
of Management and Budget (OMB) will
review all significant rules. OIRA has
determined that this proposed rule is
not significant.
E.O. 13563 reaffirms the principles of
E.O. 12866 while calling for
improvements in the Nation’s regulatory
system to promote predictability, to
reduce uncertainty, and to use the best,
most innovative, and least burdensome
tools for achieving regulatory ends. The
E.O. directs agencies to consider
regulatory approaches that reduce
burdens and maintain flexibility and
freedom of choice for the public where
these approaches are relevant, feasible,
and consistent with regulatory
objectives. E.O. 13563 emphasizes
further that regulations must be based
on the best available science and that
the rulemaking process must allow for
public participation and an open
exchange of ideas. We have developed
this proposed rule in a manner
consistent with these requirements.
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B. Regulatory Flexibility Act
The Department of the Interior
certifies that this document will not
have a significant economic effect on a
substantial number of small entities
under the Regulatory Flexibility Act (5
U.S.C. 601 et seq.). The proposed rule
addresses how Indian land title and
records are maintained.
C. Small Business Regulatory
Enforcement Fairness Act
This proposed rule is not a major rule
under 5 U.S.C. 804(2), the Small
Business Regulatory Enforcement
Fairness Act. This proposed rule:
(a) Will not have an annual effect on
the economy of $100 million or more.
(b) Will not cause a major increase in
costs or prices for consumers,
individual industries, Federal, State, or
local government agencies, or
geographic regions.
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Location
Teleconference: 888–606–8412
Passcode: ‘‘DOI’’ (Operator will answer)
Teleconference: 888–606–8412
Passcode: ‘‘DOI’’ (Operator will answer)
(c) Will not have significant adverse
effects on competition, employment,
investment, productivity, innovation, or
the ability of the U.S.-based enterprises
to compete with foreign-based
enterprises.
D. Unfunded Mandates Reform Act
This proposed rule does not impose
an unfunded mandate on State, local, or
Tribal governments or the private sector
of more than $100 million per year. The
proposed rule does not have a
significant or unique effect on State,
local, or Tribal governments or the
private sector. A statement containing
the information required by the
Unfunded Mandates Reform Act (2
U.S.C. 1531 et seq.) is not required.
E. Takings (E.O. 12630)
This proposed rule does not affect a
taking of private property or otherwise
have taking implications under
Executive Order 12630. A takings
implication assessment is not required.
F. Federalism (E.O. 13132)
Under the criteria in section 1 of
Executive Order 13132, this proposed
rule does not have sufficient federalism
implications to warrant the preparation
of a federalism summary impact
statement. A federalism summary
impact statement is not required.
G. Civil Justice Reform (E.O. 12988)
This proposed rule complies with the
requirements of Executive Order 12988.
Specifically, this rule:
(a) Meets the criteria of section 3(a)
requiring that all regulations be
reviewed to eliminate errors and
ambiguity and be written to minimize
litigation; and
(b) Meets the criteria of section 3(b)(2)
requiring that all regulations be written
in clear language and contain clear legal
standards.
H. Consultation With Indian Tribes
(E.O. 13175)
The Department of the Interior strives
to strengthen its government-togovernment relationship with Indian
Tribes through a commitment to
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consultation with Indian Tribes and
recognition of their right to selfgovernance and Tribal sovereignty. We
have evaluated this proposed rule under
the Department’s consultation policy
and under the criteria in Executive
Order 13175 and have determined that
Tribal consultation is appropriate
because the rule addresses maintenance
of land held in trust or restricted status
for Tribes. Tribes are invited to join the
Tribal consultation sessions listed in
Section II of this preamble, above.
I. Paperwork Reduction Act
This proposed rule contains new
information collections. All information
collections require approval under the
Paperwork Reduction Act of 1995 (44
U.S.C. 3501 et seq.). We may not
conduct or sponsor and you are not
required to respond to a collection of
information unless it displays a
currently valid Office of Management
and Budget (OMB) control number. The
Department is seeking approval of a new
information collection, as follows.
Brief Description of Collection: The
Bureau of Indian Affairs (BIA) Land
Title and Records Office (LTRO)
maintains title documents for land that
the United States holds in trust or
restricted status for individual Indians
or Tribes (Indian land), much like
counties and other localities maintain
title documents for fee land within their
jurisdictions. Individuals or entities that
are requesting information regarding
title documents—either for property
they own or for property they seek to
lease or encumber—must provide
certain information to the LTRO in
order for LTRO to accurately identify
the property for which they are seeking
information. LTRO uses the information
provided by individuals or entities in
order to identify the property so that
they can retrieve the appropriate title
documents and produce reports for that
property. The collection of information
is found in § 150.305, which provides
that anyone requesting title documents
or reports must provide certain
information, such as the name of the
reservation where the land is located
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Federal Register / Vol. 85, No. 239 / Friday, December 11, 2020 / Proposed Rules
and the tract number or legal
description.
Title: Requests for Indian Land Title
and Records Information.
OMB Control Number: 1076–NEW.
Form Number: None.
Type of Review: Existing collection in
use without an OMB Control Number.
Respondents/Affected Public:
Individuals, Private Sector,
Government.
Total Estimated Number of Annual
Respondents: 36.
Total Estimated Number of Annual
Responses: 36.
Estimated Completion Time per
Response: 0.5 hours.
Total Estimated Number of Annual
Burden Hours: 19 hours (consisting of
10 hours for private sector respondents,
3 hours for individual respondents—
rounded up from 2.5 hours, and 6 hours
for government respondents—rounded
up from 5.5 hours).
Respondents’ Obligation: Required to
obtain a benefit.
Frequency of Response: Occasionally.
Total Estimated Annual Non-Hour
Burden Cost: $500.
As part of our continuing effort to
reduce paperwork and respondent
burdens, we invite the public and other
Federal agencies to comment on any
aspect of this information collection,
including:
(1) Whether or not the collection of
information is necessary for the proper
performance of the functions of the
agency, including whether or not the
information will have practical utility;
(2) The accuracy of our estimate of the
burden for this collection of
information, including the validity of
the methodology and assumptions used;
(3) Ways to enhance the quality,
utility, and clarity of the information to
be collected; and
(4) Ways to minimize the burden of
the collection of information on those
who are to respond, including through
the use of appropriate automated,
electronic, mechanical, or other
technological collection techniques or
other forms of information technology,
e.g., permitting electronic submission of
response.
Written comments and
recommendations for the proposed
information collection should be sent
within 30 days of publication of this
rulemaking to www.reginfo.gov/public/
do/PRAMain. Find this particular
information collection by selecting
‘‘Currently under 30-day Review—Open
for Public Comments’’ or by using the
search function. Please provide a copy
of your comments to consultation@
bia.gov. Please reference OMB Control
Number 1076–NEW in the subject line
of your comments.
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J. National Environmental Policy Act
This proposed rule does not
constitute a major Federal action
significantly affecting the quality of the
human environment. A detailed
statement under the National
Environmental Policy Act of 1969
(NEPA) is not required because the
environmental effects of this proposed
rule are too speculative to lend
themselves to meaningful analysis and
will later be subject to the NEPA
process, unless covered by a categorical
exclusion. (For further information see
43 CFR 46.210(i)). We have also
determined that the rule does not
involve any of the extraordinary
circumstances listed in 43 CFR 46.215
that would require further analysis
under NEPA.
K. Effects on the Energy Supply (E.O.
13211)
This proposed rule is not a significant
energy action under the definition in
Executive Order 13211. A Statement of
Energy Effects is not required.
L. Clarity of This Regulation
We are required by Executive Orders
12866 and 12988 and by the
Presidential Memorandum of June 1,
1998, to write all rules in plain
language. This means that each rule we
publish must:
a. Be logically organized;
b. Use the active voice to address
readers directly;
c. Use clear language rather than
jargon;
d. Be divided into short sections and
sentences; and
e. Use lists and tables wherever
possible.
If you feel that we have not met these
requirements, send us comments by one
of the methods listed in the ADDRESSES
section. To better help us revise the
rulemaking, your comments should be
as specific as possible. For example, you
should tell us the numbers of the
sections or paragraphs that are unclearly
written, which sections or sentences are
too long, the sections where you believe
lists or tables would be useful, etc.
M. Public Availability of Comments
Before including your address, phone
number, email address, or other
personal identifying information in your
comment, you should be aware that
your entire comment—including your
personal identifying information—may
be made publicly available at any time.
While you can ask us in your comment
to withhold your personal identifying
information from public review, we
cannot guarantee that we will be able to
do so.
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List of Subjects in 25 CFR Part 150
Indians—lands.
■ For the reasons given in the preamble,
the Department of the Interior proposes
to amend 25 CFR chapter I, subchapter
H by revising part 150 to read as
follows:
PART 150—RECORD OF TITLE TO
INDIAN LAND
Subpart A—Purpose and Definitions
Sec.
150.1 What is the purpose of this part?
150.2 What terms do I need to know?
150.3 May tribes administer this part on
LTRO’s behalf?
Subpart B—Record of Title to Indian Land
150.101 What is the purpose of the record
of title?
150.102 Who maintains the record of title?
150.103 What services does the LTRO
perform to maintain the record of title?
150.104 How does the LTRO maintain the
record of title?
150.105 Are certain LTRO offices
responsible for certain geographic areas?
Subpart C—Procedures and Requirements
to Record Documents
150.201 What is recorded in the record of
title?
150.202 Must I check with any other
governmental office to find title
documents for Indian land?
150.203 Who may submit a title document
for recording?
150.204 Who records title documents?
150.205 What are the minimum
requirements for recording a title
document?
150.206 What actions will the LTRO take if
it discovers a title defect?
Subpart D—Disclosure of Title Documents
and Reports
150.301 How does LTRO certify copies of
title documents?
150.302 What reports does LTRO provide?
150.303 Who may request and receive
copies of title documents in the record
of title or reports from LTRO without
filing a Freedom of Information Act
request?
150.304 Where do I request copies of title
documents and reports from LTRO?
150.305 What information must I provide
when requesting title documents or
reports?
150.306 Will I be charged a fee for obtaining
copies of records?
Subpart E—Records
150.401 Who owns the records associated
with this part?
150.402 How must records associated with
this part be preserved?
150.403 How does the Paperwork
Reduction Act affect this part?
Authority: 5 U.S.C. 301; 5 U.S.C. 552a; 25
U.S.C. 2; 25 U.S.C. 5; 25 U.S.C. 7; 25 U.S.C.
9; 25 U.S.C. 14b; 25 U.S.C. 25; 25 U.S.C. 199;
25 U.S.C. 343; 25 U.S.C. 355; 25 U.S.C. 413;
25 U.S.C. 2201 et. seq.; 44 U.S.C. 2901 et.
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seq.; 44 U.S.C. 3101 et. seq.; and 44 U.S.C.
3301 et. seq.
Subpart A—Purpose and Definitions
§ 150.1
What is the purpose of this part?
This part describes the BIA repository
of title documents for Indian land and
responsibilities for recording title
documents, maintaining the repository,
and providing reports on title to Indian
land.
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§ 150.2
What terms do I need to know?
Agency means the BIA agency or field
office with jurisdiction over a particular
tract of Indian land or another BIA
office through delegation and
documentation of responsibilities in the
Indian Affairs Manual. This term also
means any Tribe acting on behalf of the
Secretary or BIA under a contract or
compact under the Indian SelfDetermination and Education
Assistance Act (25 U.S.C. 5301 et seq.).
BIA means the Bureau of Indian
Affairs within the Department of the
Interior.
Certify for the purposes of certifying
Title Status Reports, probate inventory
reports, title status maps, and findings
of title examinations means that an
LTRO Certifying Officer has determined
that the report, map, or examination of
land title status is complete, correct, and
current, based on the record of title.
Certified copy means a copy of a title
document that is a true and correct copy
of the title document as recorded in the
record of title and evidenced by an
official seal.
Certifying Officer means the LTRO
Manager or another properly authorized
or delegated Federal official who
certifies the status of title to Indian
lands or copies of title documents.
Defect or title defect means an error
contained within, or created by, a title
document that makes the title to Indian
land uncertain.
I or you means the person to whom
these regulations directly apply.
Indian land means land, or an interest
therein, that is:
(1) Held in trust by the United States
for one or more individual Indians or
Tribes; or
(2) Owned by one or more individual
Indians or Tribes and can only be
alienated or encumbered by the owner
with the approval of the Secretary
because of restrictions or limitations in
the conveyance instrument or in Federal
law.
LTRO means the Land Title and
Records Office within the BIA, which is
responsible for recording title
documents, maintaining the record of
title, and providing certified copies of
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title documents and reports. The term
LTRO, as used herein, includes any
Tribe acting on behalf of the Secretary
or BIA under § 150.3.
Manager is the designated officer in
charge of a LTRO office or his or her
designated representative.
OHA means the Office of Hearings
and Appeals within the Department of
the Interior.
Probate Inventory Report means a
report of Indian land owned by an
individual Indian at the time of his or
her death.
Record of title means the BIA’s
repository of title documents for Indian
land.
Recording is the acceptance of a title
document and entry into the record of
title of a title document by LTRO. An
official LTRO stamp affixed to the title
document provides evidence that the
title document has been recorded.
Region means a BIA regional office.
Secretary means the Secretary of the
Interior or his or her authorized
representative.
Title means ownership of Indian land.
Title examination means a review and
evaluation by the LTRO of: (1) Title
documents submitted to it for recording,
and (2) the status of title for a particular
tract of Indian land based on the record
of title, and a finding, certified by the
LTRO Manager, that title is complete,
correct, current, and without defect, or
identifies defects that must be corrected.
Title document means any document
that affects the title to or encumbers
Indian land, including but not limited to
conveyances, probate orders,
encumbrances (such as mortgages, liens,
permits, covenants, leases, easements,
rights-of-way), plats, cadastral surveys,
and other surveys.
Title Status Report means a report
issued after a title examination that
shows the proper legal description of a
tract of Indian land; current ownership,
including any applicable conditions,
exceptions, restrictions or
encumbrances of record; and whether
interests in the land are in unrestricted,
restricted, trust, and/or other status as
indicated by the record of title in the
LTRO.
Tribe means an Indian Tribe under
section 102 of the Federally Recognized
Indian Tribe List Act of 1994, 25 U.S.C.
5129(a).
§ 150.3 May Tribes administer this part on
LTRO’s behalf?
A Tribe may contract or compact
under the Indian Self-Determination
and Education Assistance Act (25 U.S.C.
5301 et seq.) to administer on LTRO’s
behalf any portion of this part that is not
an inherently Federal function.
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Subpart B—Record of Title to Indian
Land
§ 150.101 What is the purpose of the
record of title?
The record of title provides the BIA
with a record of title documents to
Indian land and provides the public
(including but not limited to future
purchasers, creditors, and other
interested parties) with constructive
notice that the title documents exist.
§ 150.102
title?
Who maintains the record of
The LTRO is designated as the office
responsible for maintaining the record
of title.
§ 150.103 What services does the LTRO
perform to maintain the record of title?
The LTRO is responsible for
performing the following services to
maintain the record of title:
(a) Recording title documents
submitted by an Agency, Region, or
OHA;
(b) Providing certified copies of the
title documents in the record of title;
(c) Examining the record of title and
certifying the findings of title
examinations;
(d) Providing and certifying Title
Status Reports;
(e) Preparing, maintaining, and
providing land status maps;
(f) Providing and certifying probate
inventory reports; and
(g) Providing other services and
reports based upon the information in
the record of title.
§ 150.104 How does the LTRO maintain the
record of title?
The LTRO maintains the record of
title electronically in a system of record.
However, certain title documents may
exist only as physical copies and not
electronically.
§ 150.105 Are certain LTRO offices
responsible for certain geographic areas?
Staff at each LTRO office will have
primary responsibility to maintain the
record of title for Indian land under that
LTRO office’s assigned geographic area,
based on BIA Region, Tribal reservation,
or otherwise, as prescribed by BIA
through internal procedures. BIA will
keep an updated list of each LTRO
office’s assigned geographic area of
responsibility on www.bia.gov/bia/ots/
dltr. LTRO offices may assist in
maintaining the record of title for Indian
land not under their assigned
geographic area as needed.
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§ 150.205 What are the minimum
requirements for recording a title
document?
Subpart D—Disclosure of Title
Documents and Reports
OHA, as appropriate, for that Agency,
Region, or OHA to submit to the LTRO.
§ 150.201
title?
§ 150.204
(a) All title documents for Indian land
must be recorded in the record of title,
regardless of whether the document
reflects a transaction that required
Secretarial approval. For example, the
following do not require Secretarial
approval, but are title documents
required to be recorded:
(1) Service line agreements must be
recorded under 25 CFR 169.56;
(2) Individual leases under approved
Helping Expedite and Advance
Responsible Tribal Homeownership
(HEARTH) Tribal regulations must be
recorded under the Indian Affairs
Manual (IAM) at 52 IAM 13;
(3) Individual leases, business
agreements, and rights-of-way under
Tribal Energy Resource Agreements
approved by the Secretary under 25 CFR
part 224 must be recorded;
(4) Leases between a Tribe and a
Tribal energy development organization
under 25 CFR 224 must be recorded;
(5) Leases of Tribal land by a 25
U.S.C. 477 corporate entity under its
charter to a third party for a period not
to exceed 25 years must be recorded
under 25 CFR 162.006(b)(3)(i); and
(6) Subleasehold mortgages under 25
CFR 162.009 must be recorded.
(b) The requirement in paragraph (a)
of this section does not eliminate or
supersede any Federal statute or
regulation requiring the recording of
title documents for Indian land in other
records of title, including title
documents for Indian land within the
jurisdiction of the Five Civilized Tribes
or the Osage Nation.
(c) LTRO may also record:
(1) Documents that demonstrate the
rights of use, occupancy, and/or benefit
of certain Tribes to U.S. Government
land or other non-Indian lands; and
(2) Certain documents regarding
Indian lands that are not title
documents.
§ 150.202 Must I check with any other
governmental office to find title documents
for Indian land?
In certain circumstances, due
diligence may require examination of
other Federal, State, and local records of
title.
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The LTRO is the designated office to
record title documents. The BIA
Director may delegate the authority to
record title documents to another BIA
office by documenting the delegation
and the types of transactions to which
it applies in the Indian Affairs Manual.
will notify the originating office of the
defect, request correction, and make a
notation in the record of title. Once the
defect is corrected, the LTRO will
record the corrected title document or
other legal instruments to correct the
title document and remove the notation.
(d) If the defect is contained in a
probate record, the LTRO will notify the
Agency or Region to initiate corrective
action with the OHA.
Subpart C—Procedures and
Requirements to Record Documents
What is recorded in the record of
§ 150.203 Who may submit a title
document for recording?
Only an Agency, Region, or OHA may
submit title documents to the LTRO for
recording. All other government offices
and individuals must submit title
documents to the Agency, Region, or
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Who records title documents?
(a) A title document must include the
following information to be recorded in
the record of title, except as provided in
paragraph (b) of this section:
(1) A legal description of the Indian
land and, if required, the tract number;
(2) The signatures of the parties to the
document;
(3) Proper notarization or other
acknowledgment of the signatures of the
parties, if applicable;
(4) Signature and citation to the
authority of the approving official, if
applicable; and
(5) Approval date.
(b) If the title document reflects a
transaction that was deemed approved
under a statute or regulation providing
that a transaction is deemed approved
after a certain period of time without
Secretarial action to approve or deny,
then, at a minimum, the title document
must include the following items:
(1) A legal description of the Indian
land and, if required, the tract number;
(2) The signatures of the parties to the
document;
(3) Proper acknowledgement or
authentication of the signatures of the
parties, if applicable; and
(4) A citation to the statutory or
regulatory authority for the transaction
to be deemed approved.
§ 150.206 What actions will the LTRO take
if it discovers a title defect?
(a) If the LTRO discovers that a title
document omits one or more of the
items required for recording by
§ 150.205(a) or (b), then the LTRO will
notify the originating office to request
correction. Once the omission is
corrected, the LTRO will record the title
document.
(b) If the LTRO discovers there is an
error in one or more of the items
required for recording by § 150.205(a) or
(b), then the LTRO will record the title
document with a notation on title and
notify the originating office to request
correction. Once the error is corrected,
the LTRO will record the corrected title
document and remove the notation.
(c) If the LTRO discovers a title defect
during a title examination, the LTRO
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§ 150.301 How does the LTRO certify
copies of title documents?
The Certifying Officer certifies copies
of title documents in the record of title
by affixing an official seal to the copy
of the title document. The official seal
attests that the certified copy is a true
and correct copy of the recorded title
document.
§ 150.302
provide?
What reports does the LTRO
The LTRO provides the following
types of reports for Indian land to those
persons or entities authorized to receive
such information:
(a) Certified reports, including a Title
Status Report, Land Status Map, and, as
part of the probate record, the Probate
Inventory Report; and
(b) Uncertified reports or other reports
based upon the information in the
record of title.
§ 150.303 Who may request and receive
copies of title documents in the record of
title or reports from the LTRO without filing
a Freedom of Information Act request?
The following individuals and entities
may request and receive copies of title
documents in the record of title or
reports for Indian land from the LTRO
without filing a Freedom of Information
Act request to the extent that disclosure
would not violate the Privacy Act or
other law restricting access to such
records, for example, 25 U.S.C. 2216(e):
(a) Owners of an interest in Indian
land (or their legally authorized
representative) may request copies of
title documents in the record of title or
reports for the Indian land in which
they own an interest;
(b) The Tribe with jurisdiction over
the Indian land may request title
documents or reports for Indian land
subject to the Tribe’s jurisdiction; and
(c) Any person (or their legally
authorized representative) or entity who
is leasing, using, or consolidating Indian
land or is applying to lease, use, or
consolidate Indian land may request
title documents or reports for such
Indian land.
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§ 150.304 Where do I request copies of
title documents or reports from the LTRO?
You may request LTRO information,
such as copies of title documents or
reports, at any Region or Agency office
with access to the record of title,
regardless of geographic location. If the
Region or Agency office does not have
access to the title documents or the
ability to generate the reports requested,
it will refer the request to the office with
access to the title documents or ability
to generate the reports requested.
§ 150.305 What information must I provide
when requesting copies of title documents
and reports?
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(a) Except as provided in paragraph
(b) of this section, to request title
documents or reports, you must provide
only one of the following items of
information:
(1) If you are inquiring about your
own interest in the tract, then your
name and date of birth, or identification
number; or
(2) The name of the reservation where
the land is located and either the tract
number or legal description; or
(3) The Agency name and either the
tract number or legal description; or
(4) A legal description of the tract; or
(5) A title document number
pertaining to the tract; or
(6) The allotment number including
the Tribe or land area code; or
(7) The name of the original allottee.
(b) Individuals and entities described
in § 150.303(c) must also provide
documents showing that they are
entitled to the information they are
requesting from the LTRO because they
are leasing, using, or consolidating
Indian land or the interests in Indian
land, or because they are applying to
lease, use, or consolidate Indian land or
the interests in Indian land.
(1) Are made or received by the
Secretary or a Tribe or Tribal
organization in the conduct of a Federal
trust function under 25 U.S.C. 5301 et
seq., including the operation of a trust
program; and
(2) Evidence the organization,
functions, policies, decisions,
procedures, operations, or other
activities undertaken in the performance
of a Federal trust function under this
part.
(b) Records not covered by paragraph
(a) of this section that are made or
received by a Tribe or Tribal
organization in the conduct of business
with the Department of the Interior
under this part are the property of the
Tribe.
§ 150.402 How must records associated
with this part be preserved?
(a) Tribes, Tribal organizations, and
any other organization that make or
receives records described in
§ 150.401(a) must preserve the records
in accordance with approved
Departmental records retention
procedures under the Federal Records
Act, 44 U.S.C. chapters 29, 31 and 33.
These records and related records
management practices and safeguards
required under the Federal Records Act
are subject to inspection by the
Secretary and the Archivist of the
United States.
(b) A Tribe or Tribal organization
should preserve the records identified
in § 150.401(b) for the period of time
authorized by the Archivist of the
United States for similar Department of
the Interior records in accordance with
44 U.S.C. chapter 33.
§ 150.306 Will I be charged a fee for
obtaining copies of records?
§ 150.403 How does the Paperwork
Reduction Act affect this part?
(a) The LTRO may charge a fee to any
of the parties listed in § 150.303(b) and
(c) for each copy of recorded title
documents, Title Status Reports, and
land status maps to cover the costs in
reviewing, preparing, or processing the
documents.
(b) The fee will be at the rate
established by 43 CFR part 2, Appendix
A.
(c) The LTRO may waive all or part
of these fees, at its discretion.
(d) Paid fees are non-refundable.
The information collections contained
in this part have been approved by the
Office of Management and Budget under
44 U.S.C 3301 et seq. and assigned OMB
Control Number 1076-. Response is
required to obtain a benefit. A Federal
agency may not conduct or sponsor, and
you are not required to respond to, a
collection of information unless the
form or regulation containing the
collection of information has a currently
valid OMB Control Number.
Subpart E—Records
§ 150.401 Who owns the records
associated with this part?
(a) The records associated with this
part are the property of the United
States if they:
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[FR Doc. 2020–26721 Filed 12–10–20; 8:45 am]
BILLING CODE 4337–15–P
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ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 282
[EPA–R01–UST–2020–0207; FRL–10016–70Region 1]
Rhode Island: Final Approval of State
Underground Storage Tank Program
Revisions, Codification, and
Incorporation by Reference
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
AGENCY:
Pursuant to the Resource
Conservation and Recovery Act (RCRA
or Act), the Environmental Protection
Agency (EPA) is proposing to approve
revisions to the State of Rhode Island’s
Underground Storage Tank (UST)
program submitted by the Rhode Island
Department of Environmental
Management (RIDEM). This action is
based on EPA’s determination that these
revisions satisfy all requirements
needed for program approval. This
action also proposes to codify EPA’s
approval of Rhode Island’s State
program and to incorporate by reference
those provisions of the State regulations
that we have determined meet the
requirements for approval. The
provisions will be subject to EPA’s
inspection and enforcement authorities
under sections 9005 and 9006 of RCRA
subtitle I and other applicable statutory
and regulatory provisions.
DATES: Send written comments by
January 11, 2021.
ADDRESSES: Submit any comments,
identified by EPA–R01–UST–2020–
0207, by one of the following methods:
1. Federal eRulemaking Portal:
https://www.regulations.gov. Follow the
on-line instructions for submitting
comments.
2. Email: beland.andrea@epa.gov.
Instructions: Direct your comments to
Docket ID No. EPA–R01–UST–2020–
0207. EPA’s policy is that all comments
received will be included in the public
docket without change and may be
available online at https://
www.regulations.gov, including any
personal information provided, unless
the comment includes information
claimed to be Confidential Business
Information (CBI) or other information
whose disclosure is restricted by statute.
Do not submit information that you
consider to be CBI or otherwise
protected through https://
www.regulations.gov, or email. The
Federal https://www.regulations.gov
website is an ‘‘anonymous access’’
system, which means EPA will not
know your identity or contact
SUMMARY:
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]]>Agencies
[Federal Register Volume 85, Number 239 (Friday, December 11, 2020)]
[Proposed Rules]
[Pages 79965-79972]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-26721]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF THE INTERIOR
Bureau of Indian Affairs
25 CFR Part 150
[201A2100DD, AAKC001030, A0A501010.999900]
RIN 1076-AF56
Indian Land Title and Records
AGENCY: Bureau of Indian Affairs, Interior.
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: The Bureau of Indian Affairs (BIA) is proposing a rule to
modernize the current regulations governing the Land Title and Records
Office (LTRO). The LTRO maintains title documents for land held in
trust or restricted status for individual Indians and Tribes (Indian
land). This proposed rule would replace outdated provisions and allow
for more widespread efficiencies by reflecting current practices, while
creating a framework for future LTRO operations.
DATES: Please submit written comments by February 9, 2021. If you wish
to comment on the information collection requirements in this proposed
rule, please note that the Office of Management and Budget (OMB) is
required to make a decision concerning the collection of information
contained in this proposed rule between 30 and 60 days after
publication of this proposed rule in the Federal Register. Therefore,
comments should be submitted to OMB by January 11, 2021. See the
SUPPLEMENTARY INFORMATION section of this rulemaking for dates of
Tribal consultation sessions.
ADDRESSES: You may send comments, identified by RIN number 1076-AF56 by
any of the following methods:
Federal eRulemaking Portal: https://www.regulations.gov.
Follow the instructions for sending comments.
Email: [email protected]. Include RIN number 1076-AF56
in the subject line of the message.
Mail or Hand-Delivery/Courier: Office of Regulatory
Affairs & Collaborative Action--Indian Affairs (RACA), U.S. Department
of the Interior, 1849 C Street NW, Mail Stop 4660, Washington, DC
20240.
All submissions received must include the Regulatory Information
Number (RIN) for this rulemaking (RIN 1076-AF56). All comments received
will be posted without change to https://www.regulations.gov, including
any personal information provided.
Comments on the Paperwork Reduction Act information collections
contained in this document are separate from comments on the substance
of the rulemaking. Send your comments and suggestions on the
information collection requirements to the Desk Officer for the
Department of the Interior at OMB-OIRA at (202) 395-5806 (fax) or
[email protected] (email). Please provide a copy of your
comments to [email protected].
We cannot ensure that comments received after the close of the
comment period (see DATES) will be included in the docket for this
rulemaking and considered. Comments sent to an address other than those
listed above will not be included in the docket for this rulemaking.
[[Page 79966]]
FOR FURTHER INFORMATION CONTACT: Elizabeth Appel, Director, Office of
Regulatory Affairs & Collaborative Action, (202) 273-4680;
[email protected].
SUPPLEMENTARY INFORMATION:
I. Background and Summary of Proposed Rule
II. Tribal Consultation
III. Procedural Requirements
A. Regulatory Planning and Review (E.O. 12866 and E.O. 13563)
B. Regulatory Flexibility Act
C. Small Business Regulatory Enforcement Fairness Act
D. Unfunded Mandates Reform Act
E. Takings (E.O. 12630)
F. Federalism (E.O. 13132)
G. Civil Justice Reform (E.O. 12988)
H. Consultation with Indian Tribes (E.O. 13175)
I. Paperwork Reduction Act
J. National Environmental Policy Act
K. Effects on the Energy Supply (E.O. 13211)
L. Clarity of this Regulation
M. Public Availability of Comments
I. Background & Summary of Proposed Rule
The LTRO maintains title documents for land that the United States
holds in trust or restricted status for individual Indians or Tribes
(Indian land), roughly similar to how counties and other localities
maintain title documents for fee land within their jurisdictions.
Several Acts authorize BIA maintenance of these title records. See,
e.g., 25 U.S.C. 5, 9; 64 Stat. 1262; 34 Stat. 137; 35 Stat. 312; and 38
Stat. 582, 598.
The LTRO has several physical offices throughout the country. These
LTRO offices are the successors to the ``title plants'' that were
established by regulation in 1965 to serve what were then BIA ``area
offices.'' See 30 FR 11676 (September 11, 1965). Updates to the
regulations in 1981 defined the role of the LTRO and assigned each LTRO
office a geographic service area, containing certain BIA area offices
or Tribal reservations. See 46 FR 47537 (September 29, 1981), later
redesignated at 47 FR 13327 (March 30, 1982).
The regulations finalized in 1981 are still in place (though
redesignated from 25 CFR part 120 to 25 CFR part 150). Now, 40 years
later, BIA ``area offices'' are BIA Regions, and the LTRO maintains
title documents primarily through an electronic system: The Trust Asset
Accounting Management System (TAAMS). Each LTRO office records land
title documents that are primarily within its designated geographic
area; however, it is BIA's vision that, eventually, all title documents
will be electronically stored and accessible to LTRO offices regardless
of geographic area.
The proposed rule modernizes the LTRO regulations to provide a
framework for continued operations and future electronic maintenance of
most title documents. This approach will more efficiently address
title-related actions that support Indian land transactions (such as a
title examination to take land into trust) by allowing workloads to be
shifted among LTRO offices to promptly address each request and prevent
the risk of any backlogs. The proposed rule continues to provide that
each LTRO office is primarily responsible for certain geographic areas,
but rather than specifying those LTRO offices in the proposed rule, it
instead points to a web page where BIA can keep the list accurately
updated.
The proposed rule also addresses changes that have evolved over the
past 40 years that have removed requirements for Secretarial approval
of certain title documents in support of Tribal self-governance and
self-determination (e.g., individual leases under approved Helping
Expedite and Advance Responsible Tribal Homeownership (HEARTH) Act
regulations) by clarifying that these documents must still be recorded
in the LTRO because the documents affect who is authorized to use
Indian land.
The proposed rule would also make more transparent the LTRO's role
as a support office to BIA and, with respect to title-related matters
related to probate, the Office of Hearings and Appeals (OHA).
Generally, the Realty staff in BIA are the primary liaison to the LTRO,
as the Realty staff are responsible for processing land transactions
requested by Indian and Tribal landowners. Similarly, the proposed rule
would clarify the LTRO's role with respect to any defects to title: The
LTRO provides a notation of the defect in the record of title, but the
originating office is responsible for providing the LTRO with a
corrected title document for the LTRO to record.
Finally, the proposed rule would allow the BIA Director to delegate
recording responsibilities to another office for certain transactions
on an as-needed basis. This provision provides flexibility to
facilitate future electronic recording capabilities for efficiency.
The following table shows changes from the current regulation to
the proposed rule.
------------------------------------------------------------------------
Proposed 25 CFR Description of
Current 25 CFR Sec. Sec. changes
------------------------------------------------------------------------
150.1 Purpose and scope....... 150.1 What is the Provides more general
purpose of this description of
part?. responsibilities
(e.g., to account
for other types of
reports beyond land
title status reports
that LTRO provides).
150.2 Definitions............. 150.2 What terms Alphabetizes terms.
do I need to Adds definitions for
know?. ``certify,''
``certified copy,''
``Certifying
Officer,''
``defect'' or
``title defect,''
``I'' or ``you''
(for plain language
purposes), ``Office
of Hearings and
Appeals (OHA),''
``Probate Inventory
Report,'' ``record
of title,''
``Region,'' and
``title.''
Deletes definitions
of ``Administrative
Law Judge,''
``Commissioner,''
``land,'' and
``Superintendent.''
Revises definition of
``Agency'' to
clarify that
contracting and
compacting Tribes
are included.
Revises definition of
``Indian land'' to
limit to trust or
restricted land
only, in accordance
with other
regulatory
definitions, while
moving provisions
regarding other
categories of land
to proposed Sec.
150.201(c).
Revises definition of
``recording'' to
move substantive
statement as to the
significance of
recording a document
to the body of the
regulation at
proposed Sec.
150.101.
Revises definition of
``title document''
to provide examples.
Revises definition of
``title
examination'' to add
detail.
Revises definition of
``Tribe'' to cite
the List Act of
1994.
[[Page 79967]]
150.3 May Tribes New section to
administer this address that Tribes
part on LTRO's may compact or
behalf?. contract for LTRO
functions under
Tribal self-
governance and self-
determination
compacts and
contracts.
150.101 What is New section to
the purpose of address the
the record of significance of
title?. recording a document
in the record of
title.
150.3 Maintenance of land 150.102 Who No substantive
records and title documents. maintains the change.
record of title?.
150.103 What New section to
services does provide a list of
the LTRO perform services that the
to maintain the LTRO performs.
record of title?.
150.104 How does New section to
the LTRO address that the
maintain the LTRO primarily
record of title?. maintains the record
of title
electronically.
150.4 Locations and service 150.105 Are Revises to provide
areas for land titles and certain LTRO flexibility to allow
records offices. offices for workload sharing
responsible for across LTRO offices
certain while noting LTRO
geographic offices have primary
areas?. responsibility for
certain geographic
areas. Replaces the
list of addresses
for each LTRO office
with a webpage for a
more frequently
updated list of each
LTRO office's area
of primary
geographic area.
150.5 Other Bureau offices ................. Deleted because this
with title service section is no longer
responsibility. necessary.
150.6 Recordation of title 150.201 What is Removes language
documents. recorded in the assuming hard copy
record of title?. transmission of
documents.
Adds language to
account for the need
to record certain
documents that are
not subject to
Secretarial
approval.
Adds that LTRO
offices may also
maintain documents
demonstrating the
rights of use,
occupancy, and/or
benefit of certain
Tribes to non-Indian
land and certain
documents related to
Indian land that are
not title documents.
150.202 Must I New section to
check with any specify that in some
other instances, due
governmental diligence may
office to find require examination
title documents of other records of
for Indian land?. title for Indian
land.
150.203 Who may Clarifies the role of
submit a title the LTRO as a
document for service office for
recording?. BIA Agencies,
Regions, and OHA,
who act as the
primary liaison to
Indian and Tribal
landowners.
150.204 Who Clarifies that the
records title BIA Director may
documents?. delegate the
recording function
to other Agency
offices by
documenting the
delegation and types
of transactions to
which it applies in
the Indian Affairs
Manual.
150.205 What are New section to
the minimum clarify what must be
requirements for included in a title
recording a document that is
title document?. approved by the
Secretary and what
must be included in
title documents that
are deemed approved.
150.7 Curative action to 150.206 What Revises to provide
correct title defects. actions will that LTRO offices
LTRO take if it will no longer
discovers a complete
title defect?. administrative
modifications;
rather they will put
a notation in the
record of title and
contact the
originating office
for correction.
150.8 Title status reports.... ................. Incorporated into
proposed Sec.
150.302.
150.9 Land status maps........ ................. Incorporated into
proposed Sec.
150.302.
150.10 Certification of land 150.301 How does Revised for plain
records and title documents. LTRO certify language.
copies of title
documents?.
150.302 What Lists the universe of
reports does the reports that the
LTRO provide?. LTRO may provide for
Indian land.
150.11 Disclosure of land 150.303 Who may Revises to include
records, title documents, and request and the categories of
title reports. receive copies persons/entities
of title that may obtain
documents in the information under
record of title current laws
or reports from including the
LTRO without American Indian
filing a Freedom Probate Reform Act
of Information of 2004, 25 U.S.C.
Act request?. 2204.
150.304 Where do New section to
I request copies clarify that the BIA
of title Agency or Region is
documents or the liaison to the
reports from LTRO.
LTRO?.
150.305 What New section to list
information must what information BIA
I provide when will require in
requesting order to identify
copies of title the land for which a
documents and report is being
reports?. requested.
150.306 Will I be New section to
charged a fee provide that the
for obtaining LTRO may charge fees
copies of in accordance with
records?. the Freedom of
Information Act fee
schedule, but will
not charge fees to
Indian or Tribal
landowners.
150.401 Who owns New section to
the records clarify what records
associated with are Federal records
this part?. as opposed to Tribal
records in cases
where a Tribe has
contracted or
compacted for LTRO
functions.
150.402 How must New section regarding
records preservation
associated with requirements for
this part be Federal records.
preserved?.
150.403 How does New section required
the Paperwork because the
Reduction Act regulation imposes
affect this an information
part?. collection by
requiring
individuals to
provide certain
information in order
to obtain copies of
records.
------------------------------------------------------------------------
[[Page 79968]]
II. Tribal Consultation
The Department is hosting the following consultation sessions on
this proposed rule:
------------------------------------------------------------------------
Date Time Location
------------------------------------------------------------------------
Tuesday, January 12, 2021..... 2 p.m.-4 p.m. Teleconference: 888-
Eastern Time. 606-8412
Passcode: ``DOI''
(Operator will
answer)
Thursday, January 14, 2021.... 2 p.m.-4 p.m. Teleconference: 888-
Eastern Time. 606-8412
Passcode: ``DOI''
(Operator will
answer)
------------------------------------------------------------------------
III. Procedural Requirements
A. Regulatory Planning and Review (E.O. 12866)
Executive Order (E.O.) 12866 provides that the Office of
Information and Regulatory Affairs (OIRA) at the Office of Management
and Budget (OMB) will review all significant rules. OIRA has determined
that this proposed rule is not significant.
E.O. 13563 reaffirms the principles of E.O. 12866 while calling for
improvements in the Nation's regulatory system to promote
predictability, to reduce uncertainty, and to use the best, most
innovative, and least burdensome tools for achieving regulatory ends.
The E.O. directs agencies to consider regulatory approaches that reduce
burdens and maintain flexibility and freedom of choice for the public
where these approaches are relevant, feasible, and consistent with
regulatory objectives. E.O. 13563 emphasizes further that regulations
must be based on the best available science and that the rulemaking
process must allow for public participation and an open exchange of
ideas. We have developed this proposed rule in a manner consistent with
these requirements.
B. Regulatory Flexibility Act
The Department of the Interior certifies that this document will
not have a significant economic effect on a substantial number of small
entities under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.).
The proposed rule addresses how Indian land title and records are
maintained.
C. Small Business Regulatory Enforcement Fairness Act
This proposed rule is not a major rule under 5 U.S.C. 804(2), the
Small Business Regulatory Enforcement Fairness Act. This proposed rule:
(a) Will not have an annual effect on the economy of $100 million
or more.
(b) Will not cause a major increase in costs or prices for
consumers, individual industries, Federal, State, or local government
agencies, or geographic regions.
(c) Will not have significant adverse effects on competition,
employment, investment, productivity, innovation, or the ability of the
U.S.-based enterprises to compete with foreign-based enterprises.
D. Unfunded Mandates Reform Act
This proposed rule does not impose an unfunded mandate on State,
local, or Tribal governments or the private sector of more than $100
million per year. The proposed rule does not have a significant or
unique effect on State, local, or Tribal governments or the private
sector. A statement containing the information required by the Unfunded
Mandates Reform Act (2 U.S.C. 1531 et seq.) is not required.
E. Takings (E.O. 12630)
This proposed rule does not affect a taking of private property or
otherwise have taking implications under Executive Order 12630. A
takings implication assessment is not required.
F. Federalism (E.O. 13132)
Under the criteria in section 1 of Executive Order 13132, this
proposed rule does not have sufficient federalism implications to
warrant the preparation of a federalism summary impact statement. A
federalism summary impact statement is not required.
G. Civil Justice Reform (E.O. 12988)
This proposed rule complies with the requirements of Executive
Order 12988. Specifically, this rule:
(a) Meets the criteria of section 3(a) requiring that all
regulations be reviewed to eliminate errors and ambiguity and be
written to minimize litigation; and
(b) Meets the criteria of section 3(b)(2) requiring that all
regulations be written in clear language and contain clear legal
standards.
H. Consultation With Indian Tribes (E.O. 13175)
The Department of the Interior strives to strengthen its
government-to-government relationship with Indian Tribes through a
commitment to consultation with Indian Tribes and recognition of their
right to self-governance and Tribal sovereignty. We have evaluated this
proposed rule under the Department's consultation policy and under the
criteria in Executive Order 13175 and have determined that Tribal
consultation is appropriate because the rule addresses maintenance of
land held in trust or restricted status for Tribes. Tribes are invited
to join the Tribal consultation sessions listed in Section II of this
preamble, above.
I. Paperwork Reduction Act
This proposed rule contains new information collections. All
information collections require approval under the Paperwork Reduction
Act of 1995 (44 U.S.C. 3501 et seq.). We may not conduct or sponsor and
you are not required to respond to a collection of information unless
it displays a currently valid Office of Management and Budget (OMB)
control number. The Department is seeking approval of a new information
collection, as follows.
Brief Description of Collection: The Bureau of Indian Affairs (BIA)
Land Title and Records Office (LTRO) maintains title documents for land
that the United States holds in trust or restricted status for
individual Indians or Tribes (Indian land), much like counties and
other localities maintain title documents for fee land within their
jurisdictions. Individuals or entities that are requesting information
regarding title documents--either for property they own or for property
they seek to lease or encumber--must provide certain information to the
LTRO in order for LTRO to accurately identify the property for which
they are seeking information. LTRO uses the information provided by
individuals or entities in order to identify the property so that they
can retrieve the appropriate title documents and produce reports for
that property. The collection of information is found in Sec. 150.305,
which provides that anyone requesting title documents or reports must
provide certain information, such as the name of the reservation where
the land is located
[[Page 79969]]
and the tract number or legal description.
Title: Requests for Indian Land Title and Records Information.
OMB Control Number: 1076-NEW.
Form Number: None.
Type of Review: Existing collection in use without an OMB Control
Number.
Respondents/Affected Public: Individuals, Private Sector,
Government.
Total Estimated Number of Annual Respondents: 36.
Total Estimated Number of Annual Responses: 36.
Estimated Completion Time per Response: 0.5 hours.
Total Estimated Number of Annual Burden Hours: 19 hours (consisting
of 10 hours for private sector respondents, 3 hours for individual
respondents--rounded up from 2.5 hours, and 6 hours for government
respondents--rounded up from 5.5 hours).
Respondents' Obligation: Required to obtain a benefit.
Frequency of Response: Occasionally.
Total Estimated Annual Non-Hour Burden Cost: $500.
As part of our continuing effort to reduce paperwork and respondent
burdens, we invite the public and other Federal agencies to comment on
any aspect of this information collection, including:
(1) Whether or not the collection of information is necessary for
the proper performance of the functions of the agency, including
whether or not the information will have practical utility;
(2) The accuracy of our estimate of the burden for this collection
of information, including the validity of the methodology and
assumptions used;
(3) Ways to enhance the quality, utility, and clarity of the
information to be collected; and
(4) Ways to minimize the burden of the collection of information on
those who are to respond, including through the use of appropriate
automated, electronic, mechanical, or other technological collection
techniques or other forms of information technology, e.g., permitting
electronic submission of response.
Written comments and recommendations for the proposed information
collection should be sent within 30 days of publication of this
rulemaking to www.reginfo.gov/public/do/PRAMain. Find this particular
information collection by selecting ``Currently under 30-day Review--
Open for Public Comments'' or by using the search function. Please
provide a copy of your comments to [email protected]. Please
reference OMB Control Number 1076-NEW in the subject line of your
comments.
J. National Environmental Policy Act
This proposed rule does not constitute a major Federal action
significantly affecting the quality of the human environment. A
detailed statement under the National Environmental Policy Act of 1969
(NEPA) is not required because the environmental effects of this
proposed rule are too speculative to lend themselves to meaningful
analysis and will later be subject to the NEPA process, unless covered
by a categorical exclusion. (For further information see 43 CFR
46.210(i)). We have also determined that the rule does not involve any
of the extraordinary circumstances listed in 43 CFR 46.215 that would
require further analysis under NEPA.
K. Effects on the Energy Supply (E.O. 13211)
This proposed rule is not a significant energy action under the
definition in Executive Order 13211. A Statement of Energy Effects is
not required.
L. Clarity of This Regulation
We are required by Executive Orders 12866 and 12988 and by the
Presidential Memorandum of June 1, 1998, to write all rules in plain
language. This means that each rule we publish must:
a. Be logically organized;
b. Use the active voice to address readers directly;
c. Use clear language rather than jargon;
d. Be divided into short sections and sentences; and
e. Use lists and tables wherever possible.
If you feel that we have not met these requirements, send us
comments by one of the methods listed in the ADDRESSES section. To
better help us revise the rulemaking, your comments should be as
specific as possible. For example, you should tell us the numbers of
the sections or paragraphs that are unclearly written, which sections
or sentences are too long, the sections where you believe lists or
tables would be useful, etc.
M. Public Availability of Comments
Before including your address, phone number, email address, or
other personal identifying information in your comment, you should be
aware that your entire comment--including your personal identifying
information--may be made publicly available at any time. While you can
ask us in your comment to withhold your personal identifying
information from public review, we cannot guarantee that we will be
able to do so.
List of Subjects in 25 CFR Part 150
Indians--lands.
0
For the reasons given in the preamble, the Department of the Interior
proposes to amend 25 CFR chapter I, subchapter H by revising part 150
to read as follows:
PART 150--RECORD OF TITLE TO INDIAN LAND
Subpart A--Purpose and Definitions
Sec.
150.1 What is the purpose of this part?
150.2 What terms do I need to know?
150.3 May tribes administer this part on LTRO's behalf?
Subpart B--Record of Title to Indian Land
150.101 What is the purpose of the record of title?
150.102 Who maintains the record of title?
150.103 What services does the LTRO perform to maintain the record
of title?
150.104 How does the LTRO maintain the record of title?
150.105 Are certain LTRO offices responsible for certain geographic
areas?
Subpart C--Procedures and Requirements to Record Documents
150.201 What is recorded in the record of title?
150.202 Must I check with any other governmental office to find
title documents for Indian land?
150.203 Who may submit a title document for recording?
150.204 Who records title documents?
150.205 What are the minimum requirements for recording a title
document?
150.206 What actions will the LTRO take if it discovers a title
defect?
Subpart D--Disclosure of Title Documents and Reports
150.301 How does LTRO certify copies of title documents?
150.302 What reports does LTRO provide?
150.303 Who may request and receive copies of title documents in the
record of title or reports from LTRO without filing a Freedom of
Information Act request?
150.304 Where do I request copies of title documents and reports
from LTRO?
150.305 What information must I provide when requesting title
documents or reports?
150.306 Will I be charged a fee for obtaining copies of records?
Subpart E--Records
150.401 Who owns the records associated with this part?
150.402 How must records associated with this part be preserved?
150.403 How does the Paperwork Reduction Act affect this part?
Authority: 5 U.S.C. 301; 5 U.S.C. 552a; 25 U.S.C. 2; 25 U.S.C.
5; 25 U.S.C. 7; 25 U.S.C. 9; 25 U.S.C. 14b; 25 U.S.C. 25; 25 U.S.C.
199; 25 U.S.C. 343; 25 U.S.C. 355; 25 U.S.C. 413; 25 U.S.C. 2201 et.
seq.; 44 U.S.C. 2901 et.
[[Page 79970]]
seq.; 44 U.S.C. 3101 et. seq.; and 44 U.S.C. 3301 et. seq.
Subpart A--Purpose and Definitions
Sec. 150.1 What is the purpose of this part?
This part describes the BIA repository of title documents for
Indian land and responsibilities for recording title documents,
maintaining the repository, and providing reports on title to Indian
land.
Sec. 150.2 What terms do I need to know?
Agency means the BIA agency or field office with jurisdiction over
a particular tract of Indian land or another BIA office through
delegation and documentation of responsibilities in the Indian Affairs
Manual. This term also means any Tribe acting on behalf of the
Secretary or BIA under a contract or compact under the Indian Self-
Determination and Education Assistance Act (25 U.S.C. 5301 et seq.).
BIA means the Bureau of Indian Affairs within the Department of the
Interior.
Certify for the purposes of certifying Title Status Reports,
probate inventory reports, title status maps, and findings of title
examinations means that an LTRO Certifying Officer has determined that
the report, map, or examination of land title status is complete,
correct, and current, based on the record of title.
Certified copy means a copy of a title document that is a true and
correct copy of the title document as recorded in the record of title
and evidenced by an official seal.
Certifying Officer means the LTRO Manager or another properly
authorized or delegated Federal official who certifies the status of
title to Indian lands or copies of title documents.
Defect or title defect means an error contained within, or created
by, a title document that makes the title to Indian land uncertain.
I or you means the person to whom these regulations directly apply.
Indian land means land, or an interest therein, that is:
(1) Held in trust by the United States for one or more individual
Indians or Tribes; or
(2) Owned by one or more individual Indians or Tribes and can only
be alienated or encumbered by the owner with the approval of the
Secretary because of restrictions or limitations in the conveyance
instrument or in Federal law.
LTRO means the Land Title and Records Office within the BIA, which
is responsible for recording title documents, maintaining the record of
title, and providing certified copies of title documents and reports.
The term LTRO, as used herein, includes any Tribe acting on behalf of
the Secretary or BIA under Sec. 150.3.
Manager is the designated officer in charge of a LTRO office or his
or her designated representative.
OHA means the Office of Hearings and Appeals within the Department
of the Interior.
Probate Inventory Report means a report of Indian land owned by an
individual Indian at the time of his or her death.
Record of title means the BIA's repository of title documents for
Indian land.
Recording is the acceptance of a title document and entry into the
record of title of a title document by LTRO. An official LTRO stamp
affixed to the title document provides evidence that the title document
has been recorded.
Region means a BIA regional office.
Secretary means the Secretary of the Interior or his or her
authorized representative.
Title means ownership of Indian land.
Title examination means a review and evaluation by the LTRO of: (1)
Title documents submitted to it for recording, and (2) the status of
title for a particular tract of Indian land based on the record of
title, and a finding, certified by the LTRO Manager, that title is
complete, correct, current, and without defect, or identifies defects
that must be corrected.
Title document means any document that affects the title to or
encumbers Indian land, including but not limited to conveyances,
probate orders, encumbrances (such as mortgages, liens, permits,
covenants, leases, easements, rights-of-way), plats, cadastral surveys,
and other surveys.
Title Status Report means a report issued after a title examination
that shows the proper legal description of a tract of Indian land;
current ownership, including any applicable conditions, exceptions,
restrictions or encumbrances of record; and whether interests in the
land are in unrestricted, restricted, trust, and/or other status as
indicated by the record of title in the LTRO.
Tribe means an Indian Tribe under section 102 of the Federally
Recognized Indian Tribe List Act of 1994, 25 U.S.C. 5129(a).
Sec. 150.3 May Tribes administer this part on LTRO's behalf?
A Tribe may contract or compact under the Indian Self-Determination
and Education Assistance Act (25 U.S.C. 5301 et seq.) to administer on
LTRO's behalf any portion of this part that is not an inherently
Federal function.
Subpart B--Record of Title to Indian Land
Sec. 150.101 What is the purpose of the record of title?
The record of title provides the BIA with a record of title
documents to Indian land and provides the public (including but not
limited to future purchasers, creditors, and other interested parties)
with constructive notice that the title documents exist.
Sec. 150.102 Who maintains the record of title?
The LTRO is designated as the office responsible for maintaining
the record of title.
Sec. 150.103 What services does the LTRO perform to maintain the
record of title?
The LTRO is responsible for performing the following services to
maintain the record of title:
(a) Recording title documents submitted by an Agency, Region, or
OHA;
(b) Providing certified copies of the title documents in the record
of title;
(c) Examining the record of title and certifying the findings of
title examinations;
(d) Providing and certifying Title Status Reports;
(e) Preparing, maintaining, and providing land status maps;
(f) Providing and certifying probate inventory reports; and
(g) Providing other services and reports based upon the information
in the record of title.
Sec. 150.104 How does the LTRO maintain the record of title?
The LTRO maintains the record of title electronically in a system
of record. However, certain title documents may exist only as physical
copies and not electronically.
Sec. 150.105 Are certain LTRO offices responsible for certain
geographic areas?
Staff at each LTRO office will have primary responsibility to
maintain the record of title for Indian land under that LTRO office's
assigned geographic area, based on BIA Region, Tribal reservation, or
otherwise, as prescribed by BIA through internal procedures. BIA will
keep an updated list of each LTRO office's assigned geographic area of
responsibility on www.bia.gov/bia/ots/dltr. LTRO offices may assist in
maintaining the record of title for Indian land not under their
assigned geographic area as needed.
[[Page 79971]]
Subpart C--Procedures and Requirements to Record Documents
Sec. 150.201 What is recorded in the record of title?
(a) All title documents for Indian land must be recorded in the
record of title, regardless of whether the document reflects a
transaction that required Secretarial approval. For example, the
following do not require Secretarial approval, but are title documents
required to be recorded:
(1) Service line agreements must be recorded under 25 CFR 169.56;
(2) Individual leases under approved Helping Expedite and Advance
Responsible Tribal Homeownership (HEARTH) Tribal regulations must be
recorded under the Indian Affairs Manual (IAM) at 52 IAM 13;
(3) Individual leases, business agreements, and rights-of-way under
Tribal Energy Resource Agreements approved by the Secretary under 25
CFR part 224 must be recorded;
(4) Leases between a Tribe and a Tribal energy development
organization under 25 CFR 224 must be recorded;
(5) Leases of Tribal land by a 25 U.S.C. 477 corporate entity under
its charter to a third party for a period not to exceed 25 years must
be recorded under 25 CFR 162.006(b)(3)(i); and
(6) Subleasehold mortgages under 25 CFR 162.009 must be recorded.
(b) The requirement in paragraph (a) of this section does not
eliminate or supersede any Federal statute or regulation requiring the
recording of title documents for Indian land in other records of title,
including title documents for Indian land within the jurisdiction of
the Five Civilized Tribes or the Osage Nation.
(c) LTRO may also record:
(1) Documents that demonstrate the rights of use, occupancy, and/or
benefit of certain Tribes to U.S. Government land or other non-Indian
lands; and
(2) Certain documents regarding Indian lands that are not title
documents.
Sec. 150.202 Must I check with any other governmental office to find
title documents for Indian land?
In certain circumstances, due diligence may require examination of
other Federal, State, and local records of title.
Sec. 150.203 Who may submit a title document for recording?
Only an Agency, Region, or OHA may submit title documents to the
LTRO for recording. All other government offices and individuals must
submit title documents to the Agency, Region, or OHA, as appropriate,
for that Agency, Region, or OHA to submit to the LTRO.
Sec. 150.204 Who records title documents?
The LTRO is the designated office to record title documents. The
BIA Director may delegate the authority to record title documents to
another BIA office by documenting the delegation and the types of
transactions to which it applies in the Indian Affairs Manual.
Sec. 150.205 What are the minimum requirements for recording a title
document?
(a) A title document must include the following information to be
recorded in the record of title, except as provided in paragraph (b) of
this section:
(1) A legal description of the Indian land and, if required, the
tract number;
(2) The signatures of the parties to the document;
(3) Proper notarization or other acknowledgment of the signatures
of the parties, if applicable;
(4) Signature and citation to the authority of the approving
official, if applicable; and
(5) Approval date.
(b) If the title document reflects a transaction that was deemed
approved under a statute or regulation providing that a transaction is
deemed approved after a certain period of time without Secretarial
action to approve or deny, then, at a minimum, the title document must
include the following items:
(1) A legal description of the Indian land and, if required, the
tract number;
(2) The signatures of the parties to the document;
(3) Proper acknowledgement or authentication of the signatures of
the parties, if applicable; and
(4) A citation to the statutory or regulatory authority for the
transaction to be deemed approved.
Sec. 150.206 What actions will the LTRO take if it discovers a title
defect?
(a) If the LTRO discovers that a title document omits one or more
of the items required for recording by Sec. 150.205(a) or (b), then
the LTRO will notify the originating office to request correction. Once
the omission is corrected, the LTRO will record the title document.
(b) If the LTRO discovers there is an error in one or more of the
items required for recording by Sec. 150.205(a) or (b), then the LTRO
will record the title document with a notation on title and notify the
originating office to request correction. Once the error is corrected,
the LTRO will record the corrected title document and remove the
notation.
(c) If the LTRO discovers a title defect during a title
examination, the LTRO will notify the originating office of the defect,
request correction, and make a notation in the record of title. Once
the defect is corrected, the LTRO will record the corrected title
document or other legal instruments to correct the title document and
remove the notation.
(d) If the defect is contained in a probate record, the LTRO will
notify the Agency or Region to initiate corrective action with the OHA.
Subpart D--Disclosure of Title Documents and Reports
Sec. 150.301 How does the LTRO certify copies of title documents?
The Certifying Officer certifies copies of title documents in the
record of title by affixing an official seal to the copy of the title
document. The official seal attests that the certified copy is a true
and correct copy of the recorded title document.
Sec. 150.302 What reports does the LTRO provide?
The LTRO provides the following types of reports for Indian land to
those persons or entities authorized to receive such information:
(a) Certified reports, including a Title Status Report, Land Status
Map, and, as part of the probate record, the Probate Inventory Report;
and
(b) Uncertified reports or other reports based upon the information
in the record of title.
Sec. 150.303 Who may request and receive copies of title documents in
the record of title or reports from the LTRO without filing a Freedom
of Information Act request?
The following individuals and entities may request and receive
copies of title documents in the record of title or reports for Indian
land from the LTRO without filing a Freedom of Information Act request
to the extent that disclosure would not violate the Privacy Act or
other law restricting access to such records, for example, 25 U.S.C.
2216(e):
(a) Owners of an interest in Indian land (or their legally
authorized representative) may request copies of title documents in the
record of title or reports for the Indian land in which they own an
interest;
(b) The Tribe with jurisdiction over the Indian land may request
title documents or reports for Indian land subject to the Tribe's
jurisdiction; and
(c) Any person (or their legally authorized representative) or
entity who is leasing, using, or consolidating Indian land or is
applying to lease, use, or consolidate Indian land may request title
documents or reports for such Indian land.
[[Page 79972]]
Sec. 150.304 Where do I request copies of title documents or reports
from the LTRO?
You may request LTRO information, such as copies of title documents
or reports, at any Region or Agency office with access to the record of
title, regardless of geographic location. If the Region or Agency
office does not have access to the title documents or the ability to
generate the reports requested, it will refer the request to the office
with access to the title documents or ability to generate the reports
requested.
Sec. 150.305 What information must I provide when requesting copies
of title documents and reports?
(a) Except as provided in paragraph (b) of this section, to request
title documents or reports, you must provide only one of the following
items of information:
(1) If you are inquiring about your own interest in the tract, then
your name and date of birth, or identification number; or
(2) The name of the reservation where the land is located and
either the tract number or legal description; or
(3) The Agency name and either the tract number or legal
description; or
(4) A legal description of the tract; or
(5) A title document number pertaining to the tract; or
(6) The allotment number including the Tribe or land area code; or
(7) The name of the original allottee.
(b) Individuals and entities described in Sec. 150.303(c) must
also provide documents showing that they are entitled to the
information they are requesting from the LTRO because they are leasing,
using, or consolidating Indian land or the interests in Indian land, or
because they are applying to lease, use, or consolidate Indian land or
the interests in Indian land.
Sec. 150.306 Will I be charged a fee for obtaining copies of records?
(a) The LTRO may charge a fee to any of the parties listed in Sec.
150.303(b) and (c) for each copy of recorded title documents, Title
Status Reports, and land status maps to cover the costs in reviewing,
preparing, or processing the documents.
(b) The fee will be at the rate established by 43 CFR part 2,
Appendix A.
(c) The LTRO may waive all or part of these fees, at its
discretion.
(d) Paid fees are non-refundable.
Subpart E--Records
Sec. 150.401 Who owns the records associated with this part?
(a) The records associated with this part are the property of the
United States if they:
(1) Are made or received by the Secretary or a Tribe or Tribal
organization in the conduct of a Federal trust function under 25 U.S.C.
5301 et seq., including the operation of a trust program; and
(2) Evidence the organization, functions, policies, decisions,
procedures, operations, or other activities undertaken in the
performance of a Federal trust function under this part.
(b) Records not covered by paragraph (a) of this section that are
made or received by a Tribe or Tribal organization in the conduct of
business with the Department of the Interior under this part are the
property of the Tribe.
Sec. 150.402 How must records associated with this part be preserved?
(a) Tribes, Tribal organizations, and any other organization that
make or receives records described in Sec. 150.401(a) must preserve
the records in accordance with approved Departmental records retention
procedures under the Federal Records Act, 44 U.S.C. chapters 29, 31 and
33. These records and related records management practices and
safeguards required under the Federal Records Act are subject to
inspection by the Secretary and the Archivist of the United States.
(b) A Tribe or Tribal organization should preserve the records
identified in Sec. 150.401(b) for the period of time authorized by the
Archivist of the United States for similar Department of the Interior
records in accordance with 44 U.S.C. chapter 33.
Sec. 150.403 How does the Paperwork Reduction Act affect this part?
The information collections contained in this part have been
approved by the Office of Management and Budget under 44 U.S.C 3301 et
seq. and assigned OMB Control Number 1076-. Response is required to
obtain a benefit. A Federal agency may not conduct or sponsor, and you
are not required to respond to, a collection of information unless the
form or regulation containing the collection of information has a
currently valid OMB Control Number.
Tara Sweeney,
Assistant Secretary--Indian Affairs.
[FR Doc. 2020-26721 Filed 12-10-20; 8:45 am]
BILLING CODE 4337-15-P
