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Federal Register / Vol. 86, No. 155 / Monday, August 16, 2021 / Rules and Regulations office correct the defect, and added a notation in the record of title.
Response: If a document meets the minimum requirements for recording, LTRO records the document and puts a notation on title, in which case the title document will appear on the TSR. If the document does not meet the minimum requirements for recording, such as when there is a fatal defect or required information is omitted, then LTRO
sends the document back to the original office for a correction, in which case the title document generally would not appear on the TSR.
A few commenters suggested adding timelines for curing defects or omissions in title documents.
Response: The agency who is the originating office is responsible for curing any omission or error. When LTRO discovers a defect, LTRO sends the documents electronically in real time to the LTRO for correction. Once LTRO receives the corrected document, the timeframes applicable to recording of any document applies.
D. Comments on Subpart D
1. Certifying Copies 150.301
A Tribe questioned whether there is, in fact, an official seal and stated that they have not yet received one even though they have compacted LTRO
functions.
Response: BIA will follow up with the Tribe to provide a stamp that serves as the official seal.
2. LTRO Reports 150.302
An individual commenter requested clarification on who and to whom uncertified reports may be made.
Response: LTRO provides uncertified reports for the agency to provide to those authorized to receive the documents for example, Tribal and individual Indian landowners.
Uncertified reports are often provided to assist lenders in preparing mortgage documents, and then when LTRO
records the finalized mortgage, LTRO
provides a certified TSR.

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3. Who May Obtain Title Documents Without FOIA 150.303
An individual commenter requested that this section specify that owners whose ownership interests have been removed by the BIA and are appealing that removal may obtain copies of title documents without filing a Freedom of Information Act FOIA request.
Response: The Indian Land Consolidation Act, as amended by the American Indian Probate Reform Act of 2004 AIPRA explicitly states who may have access to title documents. AIPRAs
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list of those who may have access does not include individuals who no longer qualify as owners. If the individual is appealing, as the commenter states, then the provisions of 25 CFR part 2 and 43
CFR part 4 may apply.
Multiple commenters requested that title insurance companies, lenders, and government agencies have access to title documents to support Tribal development and housing through their insurance products and support mortgage processes in Indian Country.
Two title insurance company commenters asked whether a legally authorized representative would include a title company.
Response: Legally authorized representatives refer to those holding powers of attorney or serving as guardians for the Indian land owners.
Title companies, lenders, and government agencies involved in the mortgage process are entitled to access to the appropriate title documents and reports under 150.303c, because they are effectively applying to lease, use, or consolidate Indian land; the BIA agency would verify that they are entitled to access and serve as the liaison to LTRO.
The usual path for title companies to access records is through the BIA
agency realty staff that are handling the underlying realty transaction. The agency realty staff have access to the record of title and provide the title company with appropriate records, and then request any certified copies from LTRO. Likewise, lenders and others work through the BIA agency, who would access the record of title and obtain the appropriate documents and reports from LTRO. In accordance with a recommendation from the Housing and Urban Development HUD, the final rule also adds clarifying language to 150.303 to specify that Federal agencies administering Native American homeownership programs, and lenders participating in these programs, are able to request and receive copies of title documents for Indian land without additional justification regarding leasing, using, or consolidating land.
A title insurance company commenter requested that the regulations precisely address any forms needed to authorize access to title documents.
Response: LTRO does not have any forms for accessing title documents;
instead, BIA agency realty staff will contact LTRO by email to obtain the appropriate title documents and reports, and work with the requestor and LTRO.
A Tribe stated that the regulations should specify that any person or entity seeking records based on applying to lease, use, or consolidate Indian land must also be required to submit written
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proof of consent for the disclosure by the owners of the Indian land or Tribe with jurisdiction.
Response: In practice, the BIA agency realty staff serves as the gatekeeper and works with anyone seeking to lease, use, or consolidate Indian land to obtain the necessary title documents or reports from LTRO for the transaction. The final rule adds language to clarify that the BIA realty staff are the primary points of contact for anyone requesting information from the LTRO.
A Tribe commented on its need to have timely and unencumbered access to oil and gas records.
Response: This comment is beyond the scope of the regulations. The Federal records the Osage Mineral Council references in its comments are maintained by the BIA Osage Agency in relation to leasing of the Osage Mineral Estate for oil and gas mining and are not title records. Accordingly, the records are not governed by the LTRO
regulations at issue.
4. How To Request Copies 150.304
An individual commenter requested adding a provision to allow individuals to request records directly from the LTRO when requesting them through their local agency would be sensitive e.g., because they are evaluating their legal options.
Response: A direct request to LTRO
would need to provide justification for not going through the BIA Agency or Region, including a case number if there is a challenge in progress. The final rule does not provide directions for requesting information directly from the LTRO because, in nearly all cases, requests should be made through the BIA Agency or Region.
A Tribe requested title documents be deleted so that only the LTRO with jurisdiction over the specified lands can provide copies. The Tribe pointed to a situation where an LTRO may know that there are probates pending on a certain parcel of land and check the status of the probate to see it has been adjudicated and an update to the records is necessary.
Response: Title documents do not reflect pending transactions, only those that are approved. Regardless of whether the LTRO is aware of a pending probate or other transaction, the pending probate or other transaction does not affect the title until approved.
The LTRO updates title as soon as a transaction is approved, and each LTRO
office has the same access to that record of title, so there is no benefit to limiting the ability to provide copies to only the LTRO with jurisdiction over the specified land.

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