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Federal Register / Vol. 86, No. 155 / Monday, August 16, 2021 / Rules and Regulations
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 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 BIAs 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 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 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 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.
5129a.
150.3 May Tribes administer this part on LTROs behalf?

A Tribe may contract or compact under the Indian Self-Determination
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and Education Assistance Act 25 U.S.C.
5301 et seq. to administer on LTROs behalf any portion of this part that is not an inherently Federal function.
Subpart BRecord 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 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 in accordance with applicable law;
c Examining the record of title and certifying the findings of title examinations;
d Providing certified and uncertified 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. 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 offices 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
offices assigned geographic area of responsibility on www.bia.gov/bia/ots/
dltr. LTRO offices operated by BIA as opposed to a Tribe acting on behalf of the Secretary may assist in maintaining the record of title for Indian land not under their assigned geographic area as needed.

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Subpart CProcedures and Requirements To Record Documents 150.201
title?

What is recorded in the record of
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 under 25 CFR 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 162.006b3i;
6 Tribal authorization for Tribal utility lines crossing Tribal lands must be recorded under 169.4b3iii; and 7 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 a Tribe 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?

LTRO maintains current and historical title documents to Indian land but in certain circumstances, due diligence may require examination of other Federal, State, and local records of title.
150.203 Who may submit a title document for recording?

Only an Agency, Region, or OHA may submit title documents to the LTRO for
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