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 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 notice to www.reginfo.gov/public/do/
PRAMain. Find this particular information collection by selecting Currently under 30-day ReviewOpen 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 10760196 in the subject line of your comments.
PART 150RECORD OF TITLE TO
INDIAN LAND
Subpart APurpose 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 LTROs behalf?
Subpart BRecord 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 CProcedures 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?
J. National Environmental Policy Act
Subpart DDisclosure of Title Documents and Reports
This 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 46.210i. 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.
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?
K. Effects on the Energy Supply E.O.
13211
lotter on DSK11XQN23PROD with RULES1
For the reasons given in the preamble, the Department of the Interior amends 25 CFR chapter I, subchapter H, by revising part 150 to read as follows:
This rule is not a significant energy action under the definition in Executive Order 13211. A Statement of Energy Effects is not required.
List of Subjects in 25 CFR Part 150
Indianslands.
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Subpart ERecords 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.
seq.; 44 U.S.C. 3101 et. seq.; and 44 U.S.C.
3301 et. seq.
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Subpart APurpose 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.
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.
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.
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.
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.
Inherently Federal function means Federal function that may not legally be delegated to an Indian Tribe.
Land is real property, including any interests, benefits, and rights inherent in the ownership of the real property. Land may include surface and/or subsurface interests.
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