Federal Register - August 16, 2021
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Source: Federal Register
Federal Register / Vol. 86, No. 155 / Monday, August 16, 2021 / Rules and Regulations IV. Changes From Proposed Rule to Final Rule
address comments received on the proposed rule and for clarity. The following table lists each of the changes made from proposed to final:
The final rule includes several changes from the proposed rule to 25 CFR
Description of changes final rule makes to proposed rule
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 LTROs behalf?.
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
title?.
What is recorded in the record of
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 LTRO take if it discovers a title defect?.
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150.301 How does LTRO certify copies of title documents?.
150.302 What reports does the 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 or reports from LTRO?.
150.305 What information must I provide when requesting copies of title documents and reports?.
150.306 Will I be charged a fee for obtaining copies of 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?.
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No changes to proposed rule.
Adds definitions for inherently Federal function and land.
No changes to proposed rule.
Deletes reference to the public being provided with constructive notice, because only certain individuals/entities have access to information in the record of title.
No changes to proposed rule.
Adds to paragraph b in accordance with applicable law to clarify that only certain individuals/entities may obtain certified copies of title documents in the record of title.
Clarifies that LTRO may provide uncertified Title Status Reports, in addition to certified Title Status Reports.
Deletes system of record as an unnecessary phrase that could be confused with record of title.
Clarifies that only LTRO offices that are operated by BIA may assist in maintaining the record of title for Indian land not under their assigned geographic area. Tribes compacting or contracting LTRO functions would be subject to the Indian Self-Determination and Education Assistance Act requirements to obtain authorizing resolutions from each Tribe to be benefitted by the contract or contract. See 25 CFR 900.8d1.
Deletes phrase approved by the Secretary when referring to Tribal Energy Resource Agreements TERAs under 25 CFR 224 as superfluous because TERAs must by definition be Secretarially approved under 25 CFR 224.
Adds Tribal authorizations for Tribal utility lines crossing Tribal lands as an example of title documents that do not require Secretarial approval but must be recorded.
No changes are made to paragraph c, but please note that examples of documents that are not title documents that LTRO may record are documents related to: off-reservation BIE
schools, Indian irrigation projects, off-reservation treaty fishing access sites, Federal public works placed on Indian land, and Tribal land assignments.
Adds that LTRO maintains current and historical title documents for clarification.
No changes to proposed rule.
No changes to proposed rule.
Clarifies that a legal description of the Indian land that is encumbered by the title document must be included for the title document to be recorded.
Revises to provide that the tract number must be included only if available.
Adds that notarization or acknowledgment of the signatures of the parties must be in person, because the Department does not at this time accept remote notarization for Federal purposes.
Clarifies that LTRO will take the actions in paragraphs a and b if it discovers an omission or error, respectively, prior to recording a title document.
Clarifies that LTRO does not record the title document if the defect is fatal.
No changes to proposed rule.
No changes to proposed rule.
Clarifies that individuals and entities request copies of title documents and reports through their Region or Agency office, rather than from the LTRO directly.
Adds that Federal agencies administering Native American homeownership programs and Federal lenders participating in the programs have access to title documents and reports without filing a Freedom of Information Act FOIA request.
No changes to proposed rule.
No changes to proposed rule.
Deletes Tribes from list of parties that may be charged a fee for copies of records for Indian land subject to the Tribes jurisdiction.
No changes to proposed rule.
No changes to proposed rule.
No changes to proposed rule.
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