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Federal Register / Vol. 86, No. 155 / Monday, August 16, 2021 / Rules and Regulations recording. All other government offices and individuals must submit title documents to the Agency, Region, or OHA, as appropriate, for that Agency, Region, or OHA to submit to the LTRO.
150.204

Who records title documents?

The LTRO is the designated office to record title documents. The BIA
Director may delegate the authority to record title documents to another BIA
office by documenting the delegation and the types of transactions to which it applies in the Indian Affairs Manual.
150.205 What are the minimum requirements for recording a title document?

a A title document must include the following information to be recorded in the record of title, except as provided in paragraph b of this section:
1 A legal description of the Indian land encumbered by the title document and, if available, the tract number;
2 The signatures of the parties to the document;
3 Proper traditional in-person notarization or other in-person acknowledgment of the signatures of the parties, if applicable;
4 Signature and citation to the authority of the approving official, if applicable; and 5 Approval date.
b If the title document reflects a transaction that was deemed approved under a statute or regulation providing that a transaction is deemed approved after a certain period of time without Secretarial action to approve or deny, then, at a minimum, the title document must include the following items:
1 A legal description of the Indian land encumbered by the title document and, if required, the tract number;
2 The signatures of the parties to the document;
3 Proper acknowledgement or authentication of the signatures of the parties, if applicable; and 4 A citation to the statutory or regulatory authority for the transaction to be deemed approved.

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150.206 What actions will the LTRO take if it discovers a title defect?

a If prior to recording a title document, the LTRO discovers that the title document omits one or more of the items required for recording by 150.205a or b, then the LTRO will notify the originating office to request correction. Once the omission is corrected, the LTRO will record the title document.
b If prior to recording a title document, the LTRO discovers there is an error in one or more of the items required for recording by 150.205a or
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b, then the LTRO will record the title document, unless the defect is fatal, with a notation on title and notify the originating office to request correction.
Once the error is corrected, the LTRO
will record the corrected title document and remove the notation.
c If the LTRO discovers a title defect during a title examination, the LTRO
will notify the originating office of the defect, request correction, and make a notation in the record of title. Once the defect is corrected, the LTRO will record the corrected title document or other legal instruments to correct the title document and remove the notation.
d If the defect is contained in a probate record, the LTRO will notify the Agency or Region to initiate corrective action with the OHA.
Subpart DDisclosure of Title Documents and Reports 150.301 How does the LTRO certify copies of title documents?

The Certifying Officer certifies copies of title documents in the record of title by affixing an official seal to the copy of the title document. The official seal attests that the certified copy is a true and correct copy of the recorded title document.
150.302
provide?

What reports does the LTRO

The LTRO provides the following types of reports for Indian land to those persons or entities authorized to receive such information:
a Certified reports, including a Title Status Report, Land Status Map, and, as part of the probate record, the Probate Inventory Report; and b Uncertified reports or other reports based upon the information in the record of title.
150.303 Who may request and receive copies of title documents in the record of title or reports from the LTRO without filing a Freedom of Information Act request?

The following individuals and entities may request and receive, through the Region or Agency office, copies of title documents in the record of title or reports for Indian land from the LTRO
without filing a Freedom of Information Act request to the extent that disclosure would not violate the Privacy Act or other law restricting access to such records, for example, 25 U.S.C. 2216e:
a Owners of an interest in Indian land or their legally authorized representative may request copies of title documents in the record of title or reports for the Indian land in which they own an interest;
b The Tribe with jurisdiction over the Indian land may request title
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documents or reports for Indian land subject to the Tribes jurisdiction;
c Any person or their legally authorized representative or entity who is leasing, using, or consolidating Indian land or is applying to lease, use, or consolidate Indian land may request title documents or reports for such Indian land; and d Federal agencies administering Native American homeownership programs and Federal lenders participating in these programs who need information on specific Indian land to provide funding.
150.304 Where do I request copies of title documents or reports from the LTRO?

You may request LTRO information, such as copies of title documents or reports, at any Region or Agency office with access to the record of title, regardless of geographic location. If the Region or Agency office does not have access to the title documents or the ability to generate the reports requested, it will refer the request to the office with access to the title documents or ability to generate the reports requested.
150.305 What information must I provide when requesting copies of title documents and reports?

a Except as provided in paragraph b, to request title documents or reports, you must provide only one of the following items of information:
1 If you are inquiring about your own interest in the tract, then your name and date of birth, or identification number; or 2 The name of the reservation where the land is located and either the tract number or legal description; or 3 The Agency name and either the tract number or legal description; or 4 A legal description of the tract; or 5 A title document number pertaining to the tract; or 6 The allotment number including the Tribe or land area code; or 7 The name of the original allottee.
b Individuals and entities described in 150.303c must also provide documents showing that they are entitled to the information they are requesting from the LTRO because they are leasing, using, or consolidating Indian land or the interests in Indian land, or because they are applying to lease, use, or consolidate Indian land or the interests in Indian land.
150.306 Will I be charged a fee for obtaining copies of records?

a The LTRO may charge a fee to any of the parties listed in 150.303 c for each copy of recorded title documents, Title Status Reports, and land status
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