Federal Register / Vol. 85, No. 239 / Friday, December 11, 2020 / Proposed Rules 79965 

on how to make the rule easier to 

understand. 

For example: 

• Would more, but shorter, sections 

be better? 

• Are the requirements in the rule 

clearly stated? 

• Have we organized the material to 

suit your needs? 

• Could we improve clarity by adding 

tables, lists, or diagrams? 

• What else could we do to make the 

rule easier to understand? 

• Does the rule contain technical 

language or jargon that is not clear? 

• Would a different format make the 

rule easier to understand, e.g., grouping 

and order of sections, use of headings, 

paragraphing? 

Regulatory Procedures 

Executive Order 12866, as 

Supplemented by Executive Order 

13563 

We consulted with the Office of 

Management and Budget (OMB) and 

determined that this NPRM does not 

meet the criteria for a significant 

regulatory action under Executive Order 

12866, as supplemented by Executive 

Order 13563. 

We also determined that this NPRM 

meets the plain language requirement of 

Executive Order 12866. 

Executive Order 13132 (Federalism) 

We analyzed this proposed rule in 

accordance with the principles and 

criteria established by Executive Order 

13132, and we determined that the 

proposed rule will not have sufficient 

Federalism implications to warrant the 

preparation of a Federalism assessment. 

We also determined that this proposed 

rule will not preempt any State law or 

State regulation or affect the States’ 

abilities to discharge traditional State 

governmental functions. 

Executive Order 12372 

(Intergovernmental Review) 

The regulations effectuating Executive 

Order 12372 regarding 

intergovernmental consultation on 

Federal programs and activities apply to 

this proposed rule. 

Regulatory Flexibility Act 

We certify that this proposed rule will 

not have a significant economic impact 

on a substantial number of small entities 

because it affects individuals only. 

Therefore, the Regulatory Flexibility 

Act, as amended, does not require us to 

prepare a regulatory flexibility analysis. 

Paperwork Reduction Act 

These rules do not create any new or 

affect any existing collections and, 

therefore, do not require Office of 

Management and Budget approval 

under the Paperwork Reduction Act. 

List of Subjects in 20 CFR Part 401 

Administrative practice and 

procedure, Privacy. 

The Commissioner of the Social 

Security Administration, Andrew Saul, 

having reviewed and approved this 

document, is delegating the authority to 

electronically sign this document to 

Faye I. Lipsky, who is the primary 

Federal Register Liaison for SSA, for 

purposes of publication in the Federal 

Register. 

Faye I. Lipsky, 

Federal Register Liaison, Office of Legislation 

and Congressional Affairs, Social Security 

Administration. 

For the reasons stated in the 

preamble, we are revising subpart B of 

part 401 of title 20 of the Code of 

Federal Regulations as set forth below: 

PART 401—PRIVACY AND 

DISCLOSURE OF OFFICIAL RECORDS 

AND INFORMATION 

Subpart B—[Amended] 

■ 1. The authority citation for subpart B 

of part 401 continues to read as follows: 

Authority: Secs. 205, 702(a)(5), 1106, and 

1141 of the Social Security Act (42 U.S.C. 

405, 902(a)(5), 1306, and 1320b–11); 5 U.S.C. 

552 and 552a; 8 U.S.C. 1360; 26 U.S.C. 6103; 

30 U.S.C. 923. 

■ 2. In § 401.85, add paragraph 

(b)(2)(ii)(H) to read as follows. 

* * * * * 

(b)(2) * * * 

(ii) * * * 

(H) Anti-Fraud, SSA. 

* * * * * 

[FR Doc. 2020–26754 Filed 12–10–20; 8:45 am] 

BILLING CODE 4191–02–P 

DEPARTMENT OF THE INTERIOR 

Bureau of Indian Affairs 

25 CFR Part 150 

[201A2100DD, AAKC001030, 

A0A501010.999900] 

RIN 1076–AF56 

Indian Land Title and Records 

AGENCY: Bureau of Indian Affairs, 

Interior. 

ACTION: Proposed rule. 

SUMMARY: The Bureau of Indian Affairs 

(BIA) is proposing a rule to modernize 

the current regulations governing the 

Land Title and Records Office (LTRO). 

The LTRO maintains title documents for 

land held in trust or restricted status for 

individual Indians and Tribes (Indian 

land). This proposed rule would replace 

outdated provisions and allow for more 

widespread efficiencies by reflecting 

current practices, while creating a 

framework for future LTRO operations. 

DATES: Please submit written comments 

by February 9, 2021. If you wish to 

comment on the information collection 

requirements in this proposed rule, 

please note that the Office of 

Management and Budget (OMB) is 

required to make a decision concerning 

the collection of information contained 

in this proposed rule between 30 and 60 

days after publication of this proposed 

rule in the Federal Register. Therefore, 

comments should be submitted to OMB 

by January 11, 2021. See the 

SUPPLEMENTARY INFORMATION section of 

this rulemaking for dates of Tribal 

consultation sessions. 

ADDRESSES: You may send comments, 

identified by RIN number 1076–AF56 

by any of the following methods: 

• Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the 

instructions for sending comments. 

• Email: consultation@bia.gov. 

Include RIN number 1076–AF56 in the 

subject line of the message. 

• Mail or Hand-Delivery/Courier: 

Office of Regulatory Affairs & 

Collaborative Action—Indian Affairs 

(RACA), U.S. Department of the Interior, 

1849 C Street NW, Mail Stop 4660, 

Washington, DC 20240. 

All submissions received must 

include the Regulatory Information 

Number (RIN) for this rulemaking (RIN 

1076–AF56). All comments received 

will be posted without change to http:// 

www.regulations.gov, including any 

personal information provided. 

Comments on the Paperwork 

Reduction Act information collections 

contained in this document are separate 

from comments on the substance of the 

rulemaking. Send your comments and 

suggestions on the information 

collection requirements to the Desk 

Officer for the Department of the 

Interior at OMB–OIRA at (202) 395– 

5806 (fax) or OIRA_Submission@

omb.eop.gov (email). Please provide a 

copy of your comments to 

consultation@bia.gov. 

We cannot ensure that comments 

received after the close of the comment 

period (see DATES) will be included in 

the docket for this rulemaking and 

considered. Comments sent to an 

address other than those listed above 

will not be included in the docket for 

this rulemaking. 


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79966 Federal Register / Vol. 85, No. 239 / Friday, December 11, 2020 / Proposed Rules 

FOR FURTHER INFORMATION CONTACT: 

Elizabeth Appel, Director, Office of 

Regulatory Affairs & Collaborative 

Action, (202) 273–4680; 

elizabeth.appel@bia.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background and Summary of Proposed 

Rule 

II. Tribal Consultation 

III. Procedural Requirements 

A. Regulatory Planning and Review (E.O. 

12866 and E.O. 13563) 

B. Regulatory Flexibility Act 

C. Small Business Regulatory Enforcement 

Fairness Act 

D. Unfunded Mandates Reform Act 

E. Takings (E.O. 12630) 

F. Federalism (E.O. 13132) 

G. Civil Justice Reform (E.O. 12988) 

H. Consultation with Indian Tribes (E.O. 

13175) 

I. Paperwork Reduction Act 

J. National Environmental Policy Act 

K. Effects on the Energy Supply (E.O. 

13211) 

L. Clarity of this Regulation 

M. Public Availability of Comments 

I. Background & Summary of Proposed 

Rule 

The LTRO maintains title documents 

for land that the United States holds in 

trust or restricted status for individual 

Indians or Tribes (Indian land), roughly 

similar to how counties and other 

localities maintain title documents for 

fee land within their jurisdictions. 

Several Acts authorize BIA maintenance 

of these title records. See, e.g., 25 U.S.C. 

5, 9; 64 Stat. 1262; 34 Stat. 137; 35 Stat. 

312; and 38 Stat. 582, 598. 

The LTRO has several physical offices 

throughout the country. These LTRO 

offices are the successors to the ‘‘title 

plants’’ that were established by 

regulation in 1965 to serve what were 

then BIA ‘‘area offices.’’ See 30 FR 

11676 (September 11, 1965). Updates to 

the regulations in 1981 defined the role 

of the LTRO and assigned each LTRO 

office a geographic service area, 

containing certain BIA area offices or 

Tribal reservations. See 46 FR 47537 

(September 29, 1981), later redesignated 

at 47 FR 13327 (March 30, 1982). 

The regulations finalized in 1981 are 

still in place (though redesignated from 

25 CFR part 120 to 25 CFR part 150). 

Now, 40 years later, BIA ‘‘area offices’’ 

are BIA Regions, and the LTRO 

maintains title documents primarily 

through an electronic system: The Trust 

Asset Accounting Management System 

(TAAMS). Each LTRO office records 

land title documents that are primarily 

within its designated geographic area; 

however, it is BIA’s vision that, 

eventually, all title documents will be 

electronically stored and accessible to 

LTRO offices regardless of geographic 

area. 

The proposed rule modernizes the 

LTRO regulations to provide a 

framework for continued operations and 

future electronic maintenance of most 

title documents. This approach will 

more efficiently address title-related 

actions that support Indian land 

transactions (such as a title examination 

to take land into trust) by allowing 

workloads to be shifted among LTRO 

offices to promptly address each request 

and prevent the risk of any backlogs. 

The proposed rule continues to provide 

that each LTRO office is primarily 

responsible for certain geographic areas, 

but rather than specifying those LTRO 

offices in the proposed rule, it instead 

points to a web page where BIA can 

keep the list accurately updated. 

The proposed rule also addresses 

changes that have evolved over the past 

40 years that have removed 

requirements for Secretarial approval of 

certain title documents in support of 

Tribal self-governance and selfdetermination (e.g., individual leases 

under approved Helping Expedite and 

Advance Responsible Tribal 

Homeownership (HEARTH) Act 

regulations) by clarifying that these 

documents must still be recorded in the 

LTRO because the documents affect 

who is authorized to use Indian land. 

The proposed rule would also make 

more transparent the LTRO’s role as a 

support office to BIA and, with respect 

to title-related matters related to 

probate, the Office of Hearings and 

Appeals (OHA). Generally, the Realty 

staff in BIA are the primary liaison to 

the LTRO, as the Realty staff are 

responsible for processing land 

transactions requested by Indian and 

Tribal landowners. Similarly, the 

proposed rule would clarify the LTRO’s 

role with respect to any defects to title: 

The LTRO provides a notation of the 

defect in the record of title, but the 

originating office is responsible for 

providing the LTRO with a corrected 

title document for the LTRO to record. 

Finally, the proposed rule would 

allow the BIA Director to delegate 

recording responsibilities to another 

office for certain transactions on an asneeded basis. This provision provides 

flexibility to facilitate future electronic 

recording capabilities for efficiency. 

The following table shows changes 

from the current regulation to the 

proposed rule. 

Current 25 CFR § Proposed 25 CFR § Description of changes 

150.1 Purpose and scope ............... 150.1 What is the purpose of this 

part?.

Provides more general description of responsibilities (e.g., to account 

for other types of reports beyond land title status reports that LTRO 

provides). 

150.2 Definitions ............................. 150.2 What terms do I need to 

know?.

Alphabetizes terms. 

Adds definitions for ‘‘certify,’’ ‘‘certified copy,’’ ‘‘Certifying Officer,’’ 

‘‘defect’’ or ‘‘title defect,’’ ‘‘I’’ or ‘‘you’’ (for plain language purposes), 

‘‘Office of Hearings and Appeals (OHA),’’ ‘‘Probate Inventory Report,’’ ‘‘record of title,’’ ‘‘Region,’’ and ‘‘title.’’ 

Deletes definitions of ‘‘Administrative Law Judge,’’ ‘‘Commissioner,’’ 

‘‘land,’’ and ‘‘Superintendent.’’ 

Revises definition of ‘‘Agency’’ to clarify that contracting and compacting Tribes are included. 

Revises definition of ‘‘Indian land’’ to limit to trust or restricted land 

only, in accordance with other regulatory definitions, while moving 

provisions regarding other categories of land to proposed 

§ 150.201(c). 

Revises definition of ‘‘recording’’ to move substantive statement as to 

the significance of recording a document to the body of the regulation at proposed § 150.101. 

Revises definition of ‘‘title document’’ to provide examples. 

Revises definition of ‘‘title examination’’ to add detail. 

Revises definition of ‘‘Tribe’’ to cite the List Act of 1994. 


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Current 25 CFR § Proposed 25 CFR § Description of changes 

150.3 May Tribes administer this 

part on LTRO’s behalf?.

New section to address that Tribes may compact or contract for 

LTRO functions under Tribal self-governance and self-determination compacts and contracts. 

150.101 What is the purpose of 

the record of title?.

New section to address the significance of recording a document in 

the record of title. 

150.3 Maintenance of land records 

and title documents.

150.102 Who maintains the record 

of title?.

No substantive change. 

150.103 What services does the 

LTRO perform to maintain the 

record of title?.

New section to provide a list of services that the LTRO performs. 

150.104 How does the LTRO 

maintain the record of title?.

New section to address that the LTRO primarily maintains the record 

of title electronically. 

150.4 Locations and service areas 

for land titles and records offices.

150.105 Are certain LTRO offices 

responsible for certain geographic areas?.

Revises to provide flexibility to allow for workload sharing across 

LTRO offices while noting LTRO offices have primary responsibility 

for certain geographic areas. Replaces the list of addresses for 

each LTRO office with a webpage for a more frequently updated 

list of each LTRO office’s area of primary geographic area. 

150.5 Other Bureau offices with title 

service responsibility.

................................................... Deleted because this section is no longer necessary. 

150.6 Recordation of title documents.150.201 What is recorded in the 

record of title?.

Removes language assuming hard copy transmission of documents. 

Adds language to account for the need to record certain documents 

that are not subject to Secretarial approval. 

Adds that LTRO offices may also maintain documents demonstrating 

the rights of use, occupancy, and/or benefit of certain Tribes to 

non-Indian land and certain documents related to Indian land that 

are not title documents. 

150.202 Must I check with any 

other governmental office to find 

title documents for Indian land?.

New section to specify that in some instances, due diligence may require examination of other records of title for Indian land. 

150.203 Who may submit a title 

document for recording?.

Clarifies the role of the LTRO as a service office for BIA Agencies, 

Regions, and OHA, who act as the primary liaison to Indian and 

Tribal landowners. 

150.204 Who records title documents?.Clarifies that the BIA Director may delegate the recording function to 

other Agency offices by documenting the delegation and types of 

transactions to which it applies in the Indian Affairs Manual. 

150.205 What are the minimum 

requirements for recording a title 

document?.

New section to clarify what must be included in a title document that 

is approved by the Secretary and what must be included in title 

documents that are deemed approved. 

150.7 Curative action to correct title 

defects.

150.206 What actions will LTRO 

take if it discovers a title defect?.

Revises to provide that LTRO offices will no longer complete administrative modifications; rather they will put a notation in the record 

of title and contact the originating office for correction. 

150.8 Title status reports ................ ........................................................ Incorporated into proposed § 150.302. 

150.9 Land status maps. ................ ........................................................ Incorporated into proposed § 150.302. 

150.10 Certification of land records 

and title documents.

150.301 How does LTRO certify 

copies of title documents?.

Revised for plain language. 

150.302 What reports does the 

LTRO provide?.

Lists the universe of reports that the LTRO may provide for Indian 

land. 

150.11 Disclosure of land records, 

title documents, and title reports.

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?.

Revises to include the categories of persons/entities that may obtain 

information under current laws including the American Indian Probate Reform Act of 2004, 25 U.S.C. 2204. 

150.304 Where do I request copies of title documents or reports 

from LTRO?.

New section to clarify that the BIA Agency or Region is the liaison to 

the LTRO. 

150.305 What information must I 

provide when requesting copies 

of title documents and reports?.

New section to list what information BIA will require in order to identify the land for which a report is being requested. 

150.306 Will I be charged a fee for 

obtaining copies of records?.

New section to provide that the LTRO may charge fees in accordance with the Freedom of Information Act fee schedule, but will not 

charge fees to Indian or Tribal landowners. 

150.401 Who owns the records 

associated with this part?.

New section to clarify what records are Federal records as opposed 

to Tribal records in cases where a Tribe has contracted or compacted for LTRO functions. 

150.402 How must records associated with this part be preserved?.New section regarding preservation requirements for Federal records. 

150.403 How does the Paperwork 

Reduction Act affect this part?.

New section required because the regulation imposes an information 

collection by requiring individuals to provide certain information in 

order to obtain copies of records. 


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79968 Federal Register / Vol. 85, No. 239 / Friday, December 11, 2020 / Proposed Rules 

II. Tribal Consultation 

The Department is hosting the 

following consultation sessions on this 

proposed rule: 

Date Time Location 

Tuesday, January 12, 2021 ............ 2 p.m.–4 p.m. Eastern Time .......... Teleconference: 888–606–8412 

Passcode: ‘‘DOI’’ (Operator will answer) 

Thursday, January 14, 2021 ........... 2 p.m.–4 p.m. Eastern Time .......... Teleconference: 888–606–8412 

Passcode: ‘‘DOI’’ (Operator will answer) 

III. Procedural Requirements 

A. Regulatory Planning and Review 

(E.O. 12866) 

Executive Order (E.O.) 12866 provides 

that the Office of Information and 

Regulatory Affairs (OIRA) at the Office 

of Management and Budget (OMB) will 

review all significant rules. OIRA has 

determined that this proposed rule is 

not significant. 

E.O. 13563 reaffirms the principles of 

E.O. 12866 while calling for 

improvements in the Nation’s regulatory 

system to promote predictability, to 

reduce uncertainty, and to use the best, 

most innovative, and least burdensome 

tools for achieving regulatory ends. The 

E.O. directs agencies to consider 

regulatory approaches that reduce 

burdens and maintain flexibility and 

freedom of choice for the public where 

these approaches are relevant, feasible, 

and consistent with regulatory 

objectives. E.O. 13563 emphasizes 

further that regulations must be based 

on the best available science and that 

the rulemaking process must allow for 

public participation and an open 

exchange of ideas. We have developed 

this proposed rule in a manner 

consistent with these requirements. 

B. Regulatory Flexibility Act 

The Department of the Interior 

certifies that this document will not 

have a significant economic effect on a 

substantial number of small entities 

under the Regulatory Flexibility Act (5 

U.S.C. 601 et seq.). The proposed rule 

addresses how Indian land title and 

records are maintained. 

C. Small Business Regulatory 

Enforcement Fairness Act 

This proposed rule is not a major rule 

under 5 U.S.C. 804(2), the Small 

Business Regulatory Enforcement 

Fairness Act. This proposed rule: 

(a) Will not have an annual effect on 

the economy of $100 million or more. 

(b) Will not cause a major increase in 

costs or prices for consumers, 

individual industries, Federal, State, or 

local government agencies, or 

geographic regions. 

(c) Will not have significant adverse 

effects on competition, employment, 

investment, productivity, innovation, or 

the ability of the U.S.-based enterprises 

to compete with foreign-based 

enterprises. 

D. Unfunded Mandates Reform Act 

This proposed rule does not impose 

an unfunded mandate on State, local, or 

Tribal governments or the private sector 

of more than $100 million per year. The 

proposed rule does not have a 

significant or unique effect on State, 

local, or Tribal governments or the 

private sector. A statement containing 

the information required by the 

Unfunded Mandates Reform Act (2 

U.S.C. 1531 et seq.) is not required. 

E. Takings (E.O. 12630) 

This proposed rule does not affect a 

taking of private property or otherwise 

have taking implications under 

Executive Order 12630. A takings 

implication assessment is not required. 

F. Federalism (E.O. 13132) 

Under the criteria in section 1 of 

Executive Order 13132, this proposed 

rule does not have sufficient federalism 

implications to warrant the preparation 

of a federalism summary impact 

statement. A federalism summary 

impact statement is not required. 

G. Civil Justice Reform (E.O. 12988) 

This proposed rule complies with the 

requirements of Executive Order 12988. 

Specifically, this rule: 

(a) Meets the criteria of section 3(a) 

requiring that all regulations be 

reviewed to eliminate errors and 

ambiguity and be written to minimize 

litigation; and 

(b) Meets the criteria of section 3(b)(2) 

requiring that all regulations be written 

in clear language and contain clear legal 

standards. 

H. Consultation With Indian Tribes 

(E.O. 13175) 

The Department of the Interior strives 

to strengthen its government-togovernment relationship with Indian 

Tribes through a commitment to 

consultation with Indian Tribes and 

recognition of their right to selfgovernance and Tribal sovereignty. We 

have evaluated this proposed rule under 

the Department’s consultation policy 

and under the criteria in Executive 

Order 13175 and have determined that 

Tribal consultation is appropriate 

because the rule addresses maintenance 

of land held in trust or restricted status 

for Tribes. Tribes are invited to join the 

Tribal consultation sessions listed in 

Section II of this preamble, above. 

I. Paperwork Reduction Act 

This proposed rule contains new 

information collections. All information 

collections require approval under the 

Paperwork Reduction Act of 1995 (44 

U.S.C. 3501 et seq.). We may not 

conduct or sponsor and you are not 

required to respond to a collection of 

information unless it displays a 

currently valid Office of Management 

and Budget (OMB) control number. The 

Department is seeking approval of a new 

information collection, as follows. 

Brief Description of Collection: The 

Bureau of Indian Affairs (BIA) Land 

Title and Records Office (LTRO) 

maintains title documents for land that 

the United States holds in trust or 

restricted status for individual Indians 

or Tribes (Indian land), much like 

counties and other localities maintain 

title documents for fee land within their 

jurisdictions. Individuals or entities that 

are requesting information regarding 

title documents—either for property 

they own or for property they seek to 

lease or encumber—must provide 

certain information to the LTRO in 

order for LTRO to accurately identify 

the property for which they are seeking 

information. LTRO uses the information 

provided by individuals or entities in 

order to identify the property so that 

they can retrieve the appropriate title 

documents and produce reports for that 

property. The collection of information 

is found in § 150.305, which provides 

that anyone requesting title documents 

or reports must provide certain 

information, such as the name of the 

reservation where the land is located 


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Federal Register / Vol. 85, No. 239 / Friday, December 11, 2020 / Proposed Rules 79969 

and the tract number or legal 

description. 

Title: Requests for Indian Land Title 

and Records Information. 

OMB Control Number: 1076–NEW. 

Form Number: None. 

Type of Review: Existing collection in 

use without an OMB Control Number. 

Respondents/Affected Public: 

Individuals, Private Sector, 

Government. 

Total Estimated Number of Annual 

Respondents: 36. 

Total Estimated Number of Annual 

Responses: 36. 

Estimated Completion Time per 

Response: 0.5 hours. 

Total Estimated Number of Annual 

Burden Hours: 19 hours (consisting of 

10 hours for private sector respondents, 

3 hours for individual respondents— 

rounded up from 2.5 hours, and 6 hours 

for government respondents—rounded 

up from 5.5 hours). 

Respondents’ Obligation: Required to 

obtain a benefit. 

Frequency of Response: Occasionally. 

Total Estimated Annual Non-Hour 

Burden Cost: $500. 

As part of our continuing effort to 

reduce paperwork and respondent 

burdens, we invite the public and other 

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 

rulemaking to www.reginfo.gov/public/ 

do/PRAMain. Find this particular 

information collection by selecting 

‘‘Currently under 30-day Review—Open 

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 1076–NEW in the subject line 

of your comments. 

J. National Environmental Policy Act 

This proposed 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 46.210(i)). 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. 

K. Effects on the Energy Supply (E.O. 

13211) 

This proposed rule is not a significant 

energy action under the definition in 

Executive Order 13211. A Statement of 

Energy Effects is not required. 

L. Clarity of This Regulation 

We are required by Executive Orders 

12866 and 12988 and by the 

Presidential Memorandum of June 1, 

1998, to write all rules in plain 

language. This means that each rule we 

publish must: 

a. Be logically organized; 

b. Use the active voice to address 

readers directly; 

c. Use clear language rather than 

jargon; 

d. Be divided into short sections and 

sentences; and 

e. Use lists and tables wherever 

possible. 

If you feel that we have not met these 

requirements, send us comments by one 

of the methods listed in the ADDRESSES

section. To better help us revise the 

rulemaking, your comments should be 

as specific as possible. For example, you 

should tell us the numbers of the 

sections or paragraphs that are unclearly 

written, which sections or sentences are 

too long, the sections where you believe 

lists or tables would be useful, etc. 

M. Public Availability of Comments 

Before including your address, phone 

number, email address, or other 

personal identifying information in your 

comment, you should be aware that 

your entire comment—including your 

personal identifying information—may 

be made publicly available at any time. 

While you can ask us in your comment 

to withhold your personal identifying 

information from public review, we 

cannot guarantee that we will be able to 

do so. 

List of Subjects in 25 CFR Part 150 

Indians—lands. 

■ For the reasons given in the preamble, 

the Department of the Interior proposes 

to amend 25 CFR chapter I, subchapter 

H by revising part 150 to read as 

follows: 

PART 150—RECORD OF TITLE TO 

INDIAN LAND 

Subpart A—Purpose 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 

LTRO’s behalf? 

Subpart B—Record 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 C—Procedures 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? 

Subpart D—Disclosure of Title Documents 

and Reports 

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? 

Subpart E—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? 

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. 


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seq.; 44 U.S.C. 3101 et. seq.; and 44 U.S.C. 

3301 et. seq. 

Subpart A—Purpose 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. 

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. 

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. 

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. 

LTRO means the Land Title and 

Records Office within the BIA, which is 

responsible for recording title 

documents, maintaining the record of 

title, and providing certified copies of 

title documents and reports. The term 

LTRO, as used herein, includes any 

Tribe acting on behalf of the Secretary 

or BIA under § 150.3. 

Manager is the designated officer in 

charge of a LTRO office or his or her 

designated representative. 

OHA means the Office of Hearings 

and Appeals within the Department of 

the Interior. 

Probate Inventory Report means a 

report of Indian land owned by an 

individual Indian at the time of his or 

her death. 

Record of title means the BIA’s 

repository of title documents for Indian 

land. 

Recording is the acceptance of a title 

document and entry into the record of 

title of a title document by LTRO. An 

official LTRO stamp affixed to the title 

document provides evidence that the 

title document has been recorded. 

Region means a BIA regional office. 

Secretary means the Secretary of the 

Interior or his or her authorized 

representative. 

Title means ownership of Indian land. 

Title examination means a review and 

evaluation by the LTRO of: (1) Title 

documents submitted to it for recording, 

and (2) the status of title for a particular 

tract of Indian land based on the record 

of title, and a finding, certified by the 

LTRO Manager, that title is complete, 

correct, current, and without defect, or 

identifies defects that must be corrected. 

Title document means any document 

that affects the title to or encumbers 

Indian land, including but not limited to 

conveyances, probate orders, 

encumbrances (such as mortgages, liens, 

permits, covenants, leases, easements, 

rights-of-way), plats, cadastral surveys, 

and other surveys. 

Title Status Report means a report 

issued after a title examination that 

shows the proper legal description of a 

tract of Indian land; current ownership, 

including any applicable conditions, 

exceptions, restrictions or 

encumbrances of record; and whether 

interests in the land are in unrestricted, 

restricted, trust, and/or other status as 

indicated by the record of title in the 

LTRO. 

Tribe means an Indian Tribe under 

section 102 of the Federally Recognized 

Indian Tribe List Act of 1994, 25 U.S.C. 

5129(a). 

§ 150.3 May Tribes administer this part on 

LTRO’s behalf? 

A Tribe may contract or compact 

under the Indian Self-Determination 

and Education Assistance Act (25 U.S.C. 

5301 et seq.) to administer on LTRO’s 

behalf any portion of this part that is not 

an inherently Federal function. 

Subpart B—Record of Title to Indian 

Land 

§ 150.101 What is the purpose of the 

record of title? 

The record of title provides the BIA 

with a record of title documents to 

Indian land and provides the public 

(including but not limited to future 

purchasers, creditors, and other 

interested parties) with constructive 

notice that the title documents exist. 

§ 150.102 Who maintains the record of 

title? 

The LTRO is designated as the office 

responsible for maintaining the record 

of title. 

§ 150.103 What services does the LTRO 

perform to maintain the record of title? 

The LTRO is responsible for 

performing the following services to 

maintain the record of title: 

(a) Recording title documents 

submitted by an Agency, Region, or 

OHA; 

(b) Providing certified copies of the 

title documents in the record of title; 

(c) Examining the record of title and 

certifying the findings of title 

examinations; 

(d) Providing and certifying Title 

Status Reports; 

(e) Preparing, maintaining, and 

providing land status maps; 

(f) Providing and certifying probate 

inventory reports; and 

(g) Providing other services and 

reports based upon the information in 

the record of title. 

§ 150.104 How does the LTRO maintain the 

record of title? 

The LTRO maintains the record of 

title electronically in a system of record. 

However, certain title documents may 

exist only as physical copies and not 

electronically. 

§ 150.105 Are certain LTRO offices 

responsible for certain geographic areas? 

Staff at each LTRO office will have 

primary responsibility to maintain the 

record of title for Indian land under that 

LTRO office’s assigned geographic area, 

based on BIA Region, Tribal reservation, 

or otherwise, as prescribed by BIA 

through internal procedures. BIA will 

keep an updated list of each LTRO 

office’s assigned geographic area of 

responsibility on www.bia.gov/bia/ots/ 

dltr. LTRO offices may assist in 

maintaining the record of title for Indian 

land not under their assigned 

geographic area as needed. 


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Subpart C—Procedures and 

Requirements to Record Documents 

§ 150.201 What is recorded in the record of 

title? 

(a) All title documents for Indian land 

must be recorded in the record of title, 

regardless of whether the document 

reflects a transaction that required 

Secretarial approval. For example, the 

following do not require Secretarial 

approval, but are title documents 

required to be recorded: 

(1) Service line agreements must be 

recorded under 25 CFR 169.56; 

(2) Individual leases under approved 

Helping Expedite and Advance 

Responsible Tribal Homeownership 

(HEARTH) Tribal regulations must be 

recorded under the Indian Affairs 

Manual (IAM) at 52 IAM 13; 

(3) Individual leases, business 

agreements, and rights-of-way under 

Tribal Energy Resource Agreements 

approved by the Secretary under 25 CFR 

part 224 must be recorded; 

(4) Leases between a Tribe and a 

Tribal energy development organization 

under 25 CFR 224 must be recorded; 

(5) Leases of Tribal land by a 25 

U.S.C. 477 corporate entity under its 

charter to a third party for a period not 

to exceed 25 years must be recorded 

under 25 CFR 162.006(b)(3)(i); and 

(6) Subleasehold mortgages under 25 

CFR 162.009 must be recorded. 

(b) The requirement in paragraph (a) 

of this section does not eliminate or 

supersede any Federal statute or 

regulation requiring the recording of 

title documents for Indian land in other 

records of title, including title 

documents for Indian land within the 

jurisdiction of the Five Civilized Tribes 

or the Osage Nation. 

(c) LTRO may also record: 

(1) Documents that demonstrate the 

rights of use, occupancy, and/or benefit 

of certain Tribes to U.S. Government 

land or other non-Indian lands; and 

(2) Certain documents regarding 

Indian lands that are not title 

documents. 

§ 150.202 Must I check with any other 

governmental office to find title documents 

for Indian land? 

In certain circumstances, due 

diligence may require examination of 

other Federal, State, and local records of 

title. 

§ 150.203 Who may submit a title 

document for recording? 

Only an Agency, Region, or OHA may 

submit title documents to the LTRO for 

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 and, if required, the tract number; 

(2) The signatures of the parties to the 

document; 

(3) Proper notarization or other 

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 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. 

§ 150.206 What actions will the LTRO take 

if it discovers a title defect? 

(a) If the LTRO discovers that a title 

document omits one or more of the 

items required for recording by 

§ 150.205(a) 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 the LTRO discovers there is an 

error in one or more of the items 

required for recording by § 150.205(a) or 

(b), then the LTRO will record the title 

document 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 D—Disclosure 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 What reports does the LTRO 

provide? 

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 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. 2216(e): 

(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 

documents or reports for Indian land 

subject to the Tribe’s jurisdiction; and 

(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. 


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§ 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) of this section, 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 § 150.303(c) 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(b) and 

(c) for each copy of recorded title 

documents, Title Status Reports, and 

land status maps to cover the costs in 

reviewing, preparing, or processing the 

documents. 

(b) The fee will be at the rate 

established by 43 CFR part 2, Appendix 

A. 

(c) The LTRO may waive all or part 

of these fees, at its discretion. 

(d) Paid fees are non-refundable. 

Subpart E—Records 

§ 150.401 Who owns the records 

associated with this part? 

(a) The records associated with this 

part are the property of the United 

States if they: 

(1) Are made or received by the 

Secretary or a Tribe or Tribal 

organization in the conduct of a Federal 

trust function under 25 U.S.C. 5301 et 

seq., including the operation of a trust 

program; and 

(2) Evidence the organization, 

functions, policies, decisions, 

procedures, operations, or other 

activities undertaken in the performance 

of a Federal trust function under this 

part. 

(b) Records not covered by paragraph 

(a) of this section that are made or 

received by a Tribe or Tribal 

organization in the conduct of business 

with the Department of the Interior 

under this part are the property of the 

Tribe. 

§ 150.402 How must records associated 

with this part be preserved? 

(a) Tribes, Tribal organizations, and 

any other organization that make or 

receives records described in 

§ 150.401(a) must preserve the records 

in accordance with approved 

Departmental records retention 

procedures under the Federal Records 

Act, 44 U.S.C. chapters 29, 31 and 33. 

These records and related records 

management practices and safeguards 

required under the Federal Records Act 

are subject to inspection by the 

Secretary and the Archivist of the 

United States. 

(b) A Tribe or Tribal organization 

should preserve the records identified 

in § 150.401(b) for the period of time 

authorized by the Archivist of the 

United States for similar Department of 

the Interior records in accordance with 

44 U.S.C. chapter 33. 

§ 150.403 How does the Paperwork 

Reduction Act affect this part? 

The information collections contained 

in this part have been approved by the 

Office of Management and Budget under 

44 U.S.C 3301 et seq. and assigned OMB 

Control Number 1076-. Response is 

required to obtain a benefit. A Federal 

agency may not conduct or sponsor, and 

you are not required to respond to, a 

collection of information unless the 

form or regulation containing the 

collection of information has a currently 

valid OMB Control Number. 

Tara Sweeney, 

Assistant Secretary—Indian Affairs. 

[FR Doc. 2020–26721 Filed 12–10–20; 8:45 am] 

BILLING CODE 4337–15–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 282 

[EPA–R01–UST–2020–0207; FRL–10016–70- 

Region 1] 

Rhode Island: Final Approval of State 

Underground Storage Tank Program 

Revisions, Codification, and 

Incorporation by Reference 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: Pursuant to the Resource 

Conservation and Recovery Act (RCRA 

or Act), the Environmental Protection 

Agency (EPA) is proposing to approve 

revisions to the State of Rhode Island’s 

Underground Storage Tank (UST) 

program submitted by the Rhode Island 

Department of Environmental 

Management (RIDEM). This action is 

based on EPA’s determination that these 

revisions satisfy all requirements 

needed for program approval. This 

action also proposes to codify EPA’s 

approval of Rhode Island’s State 

program and to incorporate by reference 

those provisions of the State regulations 

that we have determined meet the 

requirements for approval. The 

provisions will be subject to EPA’s 

inspection and enforcement authorities 

under sections 9005 and 9006 of RCRA 

subtitle I and other applicable statutory 

and regulatory provisions. 

DATES: Send written comments by 

January 11, 2021. 

ADDRESSES: Submit any comments, 

identified by EPA–R01–UST–2020– 

0207, by one of the following methods: 

1. Federal eRulemaking Portal: 

https://www.regulations.gov. Follow the 

on-line instructions for submitting 

comments. 

2. Email: beland.andrea@epa.gov. 

Instructions: Direct your comments to 

Docket ID No. EPA–R01–UST–2020– 

0207. EPA’s policy is that all comments 

received will be included in the public 

docket without change and may be 

available online at https:// 

www.regulations.gov, including any 

personal information provided, unless 

the comment includes information 

claimed to be Confidential Business 

Information (CBI) or other information 

whose disclosure is restricted by statute. 

Do not submit information that you 

consider to be CBI or otherwise 

protected through https:// 

www.regulations.gov, or email. The 

Federal https://www.regulations.gov 

website is an ‘‘anonymous access’’ 

system, which means EPA will not 

know your identity or contact 


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