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Federal Register / Vol. 86, No. 155 / Monday, August 16, 2021 / Rules and Regulations
5. Fees 150.306

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A Tribe commented that if they were to charge fees in carrying out LTRO
functions under its self-governance compact, that they should not be bound by Federal standards because those standards are out of touch with rush orders and other demands.
Response: In fulfilling Federal functions as an LTRO, Tribes are bound by Federal regulations and statutes.
Another Tribe commented that the fee schedule is outdated and not representative of geographical differences and recommended that BIA
authorize LTRO offices to develop their own fee schedules that are indexed to CPI and account for geographical differences.
Response: The final rule continues to use the fee schedule established at 43
CFR part 2, Appendix A, for consistency across the Department, to avoid forum shopping for the lowest fees and for administrative efficiency to prevent each of the 12 LTRO offices from having to individually publish and update their fees.
A Tribe opposed charging a fee to a Tribe with jurisdiction to obtain copies of records concerning land under its jurisdiction.
Response: The final rule deletes the provision allowing for Tribes with jurisdiction to be charged a fee for copies of documents related to land under their jurisdiction.
A title insurance company commented that paying for documents adds another hurdle for development by increasing the expense of doing business in Indian County.
Response: The fees required under this rule are nominal and are an expected cost of doing business, given that companies charge for title searches and counties and localities often charge fees, as well.
HUD recommended adding an exception from paying fees for Federal agencies administering Native American homeownership programs and lenders participating in the programs.
Response: The final rule does not require LTRO to charge fees and provides that LTRO may waive the fees.
LTRO generally will not charge fees to Federal agencies administering Native American homeownership programs and lenders participating in these programs for specific transactions.
E. Comments on Subpart E
A Tribe disagreed with the proposed rules provision for determining whether a record is the property of the United States, stating that ownership should depend on an analysis of the
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BIAs ability to fulfill trust obligations if documents are owned by the United States, statutes, case law, and how agencies have treated similar documents in the past.
Response: The rule restates existing statutory law regarding the ownership of Federal records. See Federal Records Act, 44 U.S.C. chapters 29, 31, 33.
Another comment was that it is not realistic for a party who makes or receives records to preserve them in accordance with Departmental records retention procedures.
Response: The rule restates existing law regarding contractors obligation to preserve records under the Federal Records Act. See 36 CFR 1222.32.
Title insurance company commenters stated that the rule should address what happens to title documents when property is transferred out of trust or restricted status.
Response: The rule does not address what happens to title documents when property is transferred out of trust or restricted status, because at that point, it is no longer LTROs responsibility to maintain title to the property. Once property is transferred out of trust or restricted status, responsibility for maintenance of title to that property shifts to the county or locality.
F. Miscellaneous Several comments addressed Realty functions, rather than LTRO functions, including expressing concerns with mortgages and other transaction timelines, and requesting a more transparent process on land transactions. One commenter requested published listings and organization charts for identifying the correct person to contact. A commenter also requested the addition of a BIA Realty ombudsman to assist Tribes in prioritizing residential mortgage approval packages and certified TSRs.
Response: These comments are not directly related to the current rulemaking, but the Department will work with BIA Realty staff to address these comments, as appropriate.
One Tribe stated that the rule should address records or encumbrances that are missing from TAAMS and detail a process for Tribes to report, and the Department to resolve, data gaps in TAAMS, and establish deadlines for the Department to resolve missing records.
Response: LTRO will work with BIA
to identify whether there are any data gaps in TAAMS.
At least one commenter stated that the LTRO needs additional staff and resources to perform their duties.

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Response: The Department is working with the appropriate Federal agencies to increase staff.
One Tribe requested the Department revise and reissue a more expansive proposed rule. Another commenter also requested reopening the comment period because the public comment period occurred over the holidays and through a change in Administration.
Response: The Department has considered this request and determined that the issues addressed by the Tribe could not be remedied by changes to this regulation because the issues relate to BIA realty functions, rather than LTRO functions. The Department has determined that finalization of these regulations at this time is important to replace the outdated regulations.
One Tribe commented that Tribes should have open access to TAAMS to conduct their own uncertified TSRs and accessing other trust records, which would increase transparency and improve processing time for LTROs.
Response: Title documents to Indian land are Federal and trust records, so access is subject to Privacy Act and other restrictions. For Tribes that are carrying out the Federal functions of the LTRO, Tribal staff must obtain the appropriate access credentials and Federal equipment.
On Tribe stated that LTRO should manage title to water, as well as land, and suggested further consultation on the lack of a comprehensive water management system by BIA.
Response: LTRO is not currently equipped to track water rights; however, the suggestion that a comprehensive water management system to track water user rights may be appropriate for future discussion and consultation.
One commenter urged that any changes in this rule be coordinated with those eventually adopted under the probate regulations.
Response: The Department is coordinating updates to both these regulations to ensure they are substantively consistent.
A title insurance commenter requested an explanation of BIA
oversight and standards for Tribal LTROs.
Response: Tribes compacting or contracting the LTRO functions are subject to the same standards as Federal LTROs in that they must follow the same statutes and regulations.
A commenter stated that any regulatory updates should include a training effort to inform agency and LTRO staff.
Response: BIA will conduct training regarding following finalization.

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