27822 Federal Register / Vol. 61, No. 107 / Monday, June 3, 1996 / Proposed Rules

Dated: May 24, 1996.

Ada E. Deer,

Assistant Secretary—Indian Affairs.

[FR Doc. 96–13727 Filed 5–31–96; 8:45 am]

BILLING CODE 4310–02–P

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.)

§ 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. Governmentowned 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
Federal Register / Vol. 61, No. 107 / Monday, June 3, 1996 / Proposed Rules 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.

§ 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.

§ 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.

§ 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.

§ 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.

§ 150.6 Where are the Land Titles and

Records Offices?

Location BIA jurisdictional areas

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.

§ 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.

§ 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.

§ 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.

§ 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.

§ 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.

§ 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.
27824 Federal Register / Vol. 61, No. 107 / Monday, June 3, 1996 / Proposed Rules

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

25 CFR Part 166

RIN 1076–AD04

General Agriculture and Range

Regulations

AGENCY: Bureau of Indian Affairs,

Interior.

ACTION: Proposed rule.

SUMMARY: The purpose of this rule

making action is to revise and rename

the General Grazing Regulations to

include provisions of the American

Indian Agricultural Resource

Management Act (AIARMA) enacted

December 3, 1993. The American Indian

Agricultural Resource Management Act

reaffirmed many aspects of the existing

Indian agriculture program and

established new program direction for

agriculture trespass, management

planning, and agriculture education

assistance.

DATES: Comments must be submitted on

or before October 1, 1996.

ADDRESSES: Mail comments to: Mr.

Mark Bradford, Bureau of Indian Affairs,

Division of Land and Water, 1849 C

Street, N.W., Mail Stop 4559 MIB,

Washington, D.C. 20240.

FOR FURTHER INFORMATION CONTACT: Mr.

Mark Bradford, Bureau of Indian Affairs,

Division of Land and Water, telephone

(202) 208–3598.

SUPPLEMENTARY INFORMATION: The

proposed rule was developed with the

participation of the affected Indian and

Alaska Native public. Bureau of Indian

Affairs (BIA) and tribal representatives

formed four work groups (Leasing,

Trespass, Education and, Management

Plans) and a steering committee. The

work groups first met in March 1994.

We distributed three thousand copies of

the first draft of the regulations for

comment on April 29, 1994. The first

draft did not provide for a consolidation

of the permitting provisions in 25 CFR

Parts 162 and 166.

We conducted five formal hearings

throughout the nation. The second draft

was distributed for comment on June 28,

1994. The second draft included a crossreferences summary sheet which

showed how most of the permitting

provisions in the existing Part 166

would be incorporated in Subpart D of

the proposed Part 162, but it did not

include the text of the proposed Subpart

D. Input from these meetings and

feedback from initial drafts were

considered and addressed in this

proposed rule.

The AIARMA was enacted on

December 3, 1993 (107 Stat. 2011, 25

U.S.C. 3701 et seq.), and amended on

November 2, 1994 (108 Stat. 4572).

Section 102(a) of the AIARMA requires

that all ‘‘land management activities’’—

defined in Section 4(12)(D) to include

the ‘‘administration and supervision of

agricultural leasing and permitting

activities, including a determination of

proper land use, * * * appraisal,

advertisement, negotiation, contract

preparation, collecting, recording, and

distributing lease rental receipts’’—

conform to agricultural resource

management plans, integrated resource

management plans, and all tribal laws

and ordinances. Section 102(b) requires

that we recognize and enforce all tribal

laws and ordinances which regulate

land use or pertain to Indian

agricultural land, and provide notice of

such laws and ordinances to individuals

or groups ‘‘undertaking activities’’ on

any affected land. Section 102(c)

authorizes—but does not require—

waivers of federal regulations or

administrative policies which conflict

with an agricultural resource

management plan or a tribal law. Please

note, Sections 102 (a)–(c) expressly

provide for the recognition of only those

tribal laws which do not conflict with

federal law or our trust responsibility.

Sections 105(b) (1)–(4) allows tribes to

supersede our rules and regulations on

preferences, bonding, and the leasing or

permitting of heirship land, but Section

105(c)(3) allows individual landowners

to exempt their land from these specific

types of tribal actions where the owners

of at least a 50% interest in such land

object in writing.

This proposed rule is published in

exercise of authority delegated by the

Secretary of the Interior to the Assistant

Secretary-Indian Affairs by 208 DM 8.

The policy of the Department of the

Interior is, whenever practical, to afford

the public an opportunity to participate

in the rule making process. Accordingly,

interested persons may submit written

comments on the proposed rule to the

location identified in the addresses

section of this document.

This document has been reviewed

under Executive Order 12866 and is not

a significant rule requiring Office of

Management and Budget review. It will

not have a significant economic impact

on a substantial number of small entities

under the Regulatory Flexibility Act (5

U.S.C. 601 et seq.).

The Department of the Interior has

determined that this proposed rule does

not constitute a major Federal action

significantly affecting the quality of the

human environment and that no

detailed statement is required pursuant

to the National Environmental Policy

Act of 1969. This proposed rule was

compiled by four workgroups

comprised of BIA and tribal

representatives.

The information collection

requirements contained in this part do

not require approval by the Office of

Management and Budget under 44

U.S.C. 3501 et seq.

List of Subjects in 25 CFR Part 166

Agriculture, Agricultural products,

Education, Grazing lands, and Indian

lands.

For the reasons set out in the

preamble, part 166 of title 25 of the

Code of Federal Regulations is proposed

to be revised as follows.

PART 166—GENERAL AGRICULTURE

AND RANGE REGULATIONS

Subpart A—General Provisions

Sec.

166.1 Definitions.

166.2 Information collection.

166.3 What activities are regulated by this

part?

166.4 What is BIA’s Indian agriculture

policy?

166.5 When will the BIA recognize tribal

laws?

166.6 How is Indian agricultural land

managed?

Subpart B—Indian Agricultural Land

Trespass

166.20 What is our trespass policy?

166.21 How do tribes get concurrent civil

jurisdiction?

166.22 What is agricultural trespass?

166.23 How are trespassers notified?

166.24 What actions are taken against

trespassers?

166.25 What are the penalties, damages,

and costs payable by trespassers?

166.26 How are the proceeds from trespass

distributed?

166.27 What happens if you do not settle a

civil trespass case?

166.28 How can you appeal our decisions?

Subpart C—Agriculture Education,

Education Assistance, Recruitment and

Training

166.30 How are the Indian agriculture

education programs operated?

166.31 How can you become an agriculture

intern?

166.32 How can you become an agriculture

cooperative education student?

166.33 How can you get an agriculture

scholarship?

166.34 What is agriculture education

outreach?

166.35 Who can get assistance for

postgraduate studies?

166.36 What can happen if we recruit you

after graduation?