`[Federal Register Volume 61, Number 107 (Monday, June 3, 1996)]
[Proposed Rules]
[Pages 27822-27824]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-13732]



-----------------------------------------------------------------------


DEPARTMENT OF THE INTERIOR
25 CFR Part 150

RIN 1076-AD43


Land Records and Title Documents

AGENCY: Bureau of Indian Affairs, Interior.

ACTION: Proposed rule.

-----------------------------------------------------------------------

SUMMARY: The purpose of this rulemaking action is to revise the Land 
Records and Title Documents regulations. This rule was identified for 
reinvention under the National Performance Review. It is written in 
plain English to make the rule easier to read and understand for Indian 
landowners and Bureau realty staff.

DATES: Comments by interested parties must be in writing and we must 
receive them before August 2, 1996.

ADDRESSES: You must mail or hand carry your comments to Terrance 
Virden, Acting Director, Office of Trust Responsibilities, Bureau of 
Indian Affairs, Department of the Interior, 1849 C Street, N.W., MS 
4513 MIB, Washington, D.C. 20240.

FOR FURTHER INFORMATION CONTACT: Alice Harwood, Acting Chief, Division 
of Real Estate Services, Bureau of Indian Affairs, Department of the 
Interior, 1849 C Street, N.W., MS 4510 MIB, Washington, D.C. 20240.

SUPPLEMENTARY INFORMATION: We are publishing this proposed rule by the 
authority delegated by the Secretary of the Interior to the Assistant 
Secretary--Indian Affairs by 209 DM 8.
    Our policy is to give the public an opportunity to participate in 
the rule making process by submitting written comments regarding 
proposed rules. We will consider all comments received during the 
public comment period. We will determine necessary revisions and issue 
the final rule. Please refer to this preamble's ADDRESSES section for 
where you must submit your written comments on this proposed rule.
    We certify to the Office of Management and Budget (OMB) that these 
proposed regulations meet the applicable standards provided in Sections 
2(a) and 2(b)(2) of Executive Order 12778.
    This is not a significant rule under Executive Order 12866 and does 
not require review by the Office of Management and Budget.
    This rule imposes no unfunded mandates on any governmental or 
private entity and is in compliance with the provisions of the Unfunded 
Mandates of 1995.
    The information collection requirements in this part do not require 
approval by OMB under 44 U.S.C. 3501 et seq.
    We determined this proposed rule:
    (a) Will not have a significant economic impact on a substantial 
number of small entities under the Regulartory Flexibility Act (5 
U.S.C. 601 et seq.);
    (b) Does not constitute a major Federal action significantly 
affecting the human environment, and no detailed statement is needed 
under the Environmental Policy Act of 1969;
    (c) Does not have significant takings implications in accordance 
with Executive Order 12630; and
    (d) Does not have significant federalism effects.
    This rule was written by Quentin M. Jones, Division of Real Estate 
Services.

List of Subjects in 25 CFR Part 150

    Indians-lands.

    For the reasons set out in the preamble, we propose to revise Part 
150 of Title 25 of the Code of Federal Regulations, as follows:

PART 150--LAND RECORDS AND TITLE DOCUMENTS

Sec.
150.1  Definitions.
150.2  Purpose.
150.3  Why do we keep land title records?
150.4  What documents must be submitted for recording and who can 
submit them?
150.5  What are the responsibilities of the Land Titles and Records 
Offices?
150.6  Where are the Land Titles and Records Offices?
150.7  What other offices have title service responsibilities?
150.8  What if errors are discovered during the recording process?
150.9  When do I need a record of a land title?
150.10  How do I get a copy of a certified land title record, title 
status map, or a copy of a title document?
150.11  What are the restrictions for access to land records, title 
documents, and title reports?
150.12  What is a land status map and who prepares it?

    Authority: Act of June 30, 1834 (4 Stat. 738; 25 U.S.C. 9). Act 
of July 26, 1892 (27 Stat. 272; 25 U.S.C. 5). Reorganization Plan 
No. 3 of 1950 approved June 20, 1949 (64 Stat. 1262). (The Act of 
April 26, 1906 (34 Stat. 137); the Act of May 27, 1908 (35 Stat. 
312); and the Act of August 1, 1914 (38 Stat. 582, 598) deal 
specifically with land records of the Five Civilized Tribes.)


Sec. 150.1  Definitions.

    Administrative Law Judge means an employee of the Office of 
Hearings and Appeals, Department of the Interior, who has authority to 
probate the trust or restricted estates of deceased Indians.
    Agency means an Indian Agency or other field unit of the Bureau of 
Indian Affairs having Indian land under its immediate jurisdiction.
    Bureau means the Bureau of Indian Affairs.
    Commissioner means the Commissioner of Indian Affairs or authorized 
representative.
    Indian land means all lands held in trust by the United States for 
individual Indians or tribes, or all lands, titles to which are held by 
individual Indians or tribes, subject to Federal restrictions against 
alienation or encumbrance, or all lands which are subject to the rights 
of use, occupancy and/or benefit of certain tribes. For purposes of 
this part, the term Indian land also includes land for which the title 
is held in fee status by Indian tribes, and U.S. Government-owned land 
under Bureau jurisdiction.
    Land means real property or any interests therein.
    Land Titles and Records Office means offices within the Bureau of 
Indian Affairs with the Federal responsibility to record, provide 
custody, and maintain records that affect titles to Indian lands, to 
examine and evaluate titles, and to provide title status reports.
    Manager means the officer in charge of a Land Titles and Records 
Office.
    Recordation or recording means the acceptance of a title document 
by the appropriate Land Titles and Records Office. The purpose of 
recording is to provide evidence of a transaction, event, or happening 
that affects land titles to preserve a record of the title, to give 
constructive notice of the ownership, change of ownership, and the 
existence of encumbrances to the land.
    Secretary means the Secretary of the Interior or authorized 
representative.
    Superintendent means the designated officer in charge of an Agency.
    Title document means any document that affects the title to or 
encumbers Indian land and is required to be recorded by regulation or 
Bureau policy.
    Title examination means an examination and evaluation by a 
qualified title examiner for the completeness and accuracy of title 
documents.
    Title status report means a report issued after a title examination 
which shows the proper legal description of a tract of Indian land; 
current ownership, including any applicable conditions, exceptions, 
restrictions, or encumbrances on record; and whether

[[Page 27823]]

the land is in unrestricted, restricted, trust, or other status as 
indicated by the records in a Land Titles and Records Office.
    Tribe means a tribe, band, nation, community, rancheria, colony, 
pueblo or other federally recognized group of Indians.


Sec. 150.2  Purpose.

    This part contains the authorities, policy, and procedures 
governing the recording, custody, maintenance, use, and certification 
of title documents, and the issuance of title status reports for Indian 
land.


Sec. 150.3  Why do we keep land title records?

    (a) We are required to make and keep a record of every deed or 
document showing:
    (1) Who has rights and interests in Indian land;
    (2) The extent or amount of the rights and interests; and
    (3) Where the Indian land is located.
    (b) If you are an Indian land owner you may be required to provide 
copies of documents showing title to the land for approval of land use 
activity or its financing.


Sec. 150.4  What documents must be submitted for recording, and who can 
submit them?

    (a) Title documents other than probate records. If we approve or 
execute a deed or other conveyance of an interest in land executed by 
an Indian, his heirs, representatives, or assigns, which may require 
the approval of the President of the United States or the Secretary of 
the Interior, we must submit the original, a signed duplicate, or a 
certified copy for recording.
    (b) Probate records. Under 43 CFR part 4, Subpart D, Administrative 
Law Judges must submit the original record of Indian probate decisions 
and copies of petitions for rehearing, reopening, and other appeals to 
the appropriate Land Titles and Records Office.


Sec. 150.5  What are the responsibilities of the Land Titles and 
Records Offices?

    In addition to our record keeping responsibility, we:
    (a) Certify copies or make reproductions of title documents which 
can be admitted into evidence the same as the original. The fees for 
certified copies are established by a uniform fee schedule that is 
published in 43 CFR part 2, Appendix A.
    (b) Produce title status reports, real property inventories for 
probate proceedings, and title status maps.


Sec. 150.6  Where are the Land Titles and Records Offices?

------------------------------------------------------------------------
                                              BIA jurisdictional areas  
                 Location                              served           
------------------------------------------------------------------------
Aberdeen, South Dakota....................  Aberdeen and Minneapolis.   
Albuquerque, New Mexico...................  Albuquerque, Navajo, and    
                                             Phoenix.                   
Anadarko, Oklahoma........................  Anadarko, and Miami Agency  
                                             in Muskogee.               
Billings, Montana.........................  Billings.                   
Portland, Oregon..........................  Portland.                   
------------------------------------------------------------------------

Sec. 150.7  What other offices have title service responsibilities?

    (a) Muskogee Area Office is the office of record and performs 
limited title functions for all Indian land of the Five Civilized 
Tribes.
    (b) The Juneau Area Office has title service responsibility for the 
Juneau area.
    (c) The Cherokee Agency has title service responsibility for the 
Eastern Cherokee Reservation.
    (d) The Eastern Area Office is the office of record and provides 
title service responsibility for Indian land located under its 
jurisdiction.
    (e) The Sacramento Area Office has title service responsibility for 
Indian land located under its jurisdiction.
    (f) The Central office in Washington, D.C., provides title services 
for all other Indian land not shown above, including the land of the 
Absentee Wyandottes.


Sec. 150.8  What if errors are discovered during the recording process?

    When errors are discovered, we will:
    (a) Notify the originating office if an error is traced to a 
defective title document, other than a probate record; and
    (b) Initiate corrective action for errors discovered in probate 
records, as follows:
    (1) Issue an administrative modification to include any Indian land 
omitted from the inventory if the property is located in the same state 
and takes the same line of descent as the original probate decision. 
Authority is delegated to the Commissioner by 43 CFR 4.272 to make 
these modifications except on Indian reservations covered by special 
Inheritance Acts (43 CFR 4.300);
    (2) Send copies of administrative modifications to the appropriate 
Administrative Law Judge, agencies with jurisdiction over the Indian 
land, and to all persons who share in the estate;
    (3) Notify the Superintendent when other types of probate errors 
require corrective action by Administrative Law Judges;
    (4) Issue administrative corrections to correct probate errors 
which are clerical in nature and which do not affect vested property 
rights or involve questions of due process; and
    (5) Send copies of administrative corrections to the appropriate 
Administrative Law Judge and agency.


Sec. 150.9  When do I need a record of a land title?

    When you:
    (a) Are required by state, tribal or federal law to show ownership 
or interest;
    (b) Wish to make contracts or agreements requiring a showing of 
ownership or interest;
    (c) Wish to respond to a request that you show proof of rights and 
interests in Indian land; or
    (d) Wish to make a will or gift to include Indian land.


Sec. 150.10  How do I get a copy of a certified land title record, 
title status map, or copy of a title document?

    You must submit a written request to a Bureau agency or area 
office. That office will issue a written request, clearly identifying 
the tract of land, to the appropriate Land Titles and Records Office.


Sec. 150.11  What are the restrictions for access to land records, 
title documents, and title reports?

    (a) We allow access to land records and title documents unless 
access is restricted by the Privacy Act, 5 U.S.C. 552a, Freedom of 
Information Act, 5 U.S.C. 552, or other law restricting access. Unless 
authorized, monetary considerations on leases of tribal land will not 
be disclosed.
    (b) If information concerns individuals and is protected by the 
Privacy Act, we will not release it without their permission.


Sec. 150.12  What is a land status map and who prepares it?

    Land status maps reflect the individual tracts, tract numbers, and 
current status of the tract. The Land Titles and Records Offices 
prepare and maintain maps of all reservations and similar land areas 
within their jurisdictions. Base maps are prepared from plats of 
official survey made by the General Land Office and the Bureau of Land 
Management. These base maps show prominent physical features, sections, 
townships, and range lines and are used to prepare land status maps. 
The office also prepares other special maps, such as plats and townsite 
maps.


[[Page 27824]]


    Dated: May 22, 1996.
Ada E. Deer,
Assistant Secretary--Indian Affairs.
[FR Doc. 96-13732 Filed 5-31-96; 8:45 am]
BILLING CODE 4310-02-P`