Final Rule

Federal Register / Vol. 86, No. 155 / Monday, August 16, 2021 / Rules and Regulations
Paragraph 6005 Class E Airspace Areas
Extending Upward From 700 Feet or More
Above the Surface of the Earth.

*

*

*

*

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ASW TX E5 Mineola/Quitman, TX
[Amended]
Wood County Airport-Collins Field, TX
(Lat. 32°44′32″ N, long. 95°29′47″ W)
That airspace extending upward from 700
feet above the surface within a 6.4-mile
radius of Wood County Airport-Collins Field,
and within 3.8 miles east and 5.7 miles west
of the 182° bearing from the Wood County
Airport-Collins Field extending from the 6.4mile radius of Wood County Airport-Collins
Field to 21.3 miles south of Wood County
Airport-Collins Field.
Issued in Fort Worth, Texas, on August 11,
2021.
Martin A. Skinner,
Acting Manager, Operations Support Group,
ATO Central Service Center.

List of Subjects in 17 CFR Part 249
Brokers, Recordkeeping and reporting
requirements, Securities.
Accordingly, 17 CFR part 249 is
corrected by making the following
amendment:
PART 249—FORMS, SECURITIES
EXCHANGE ACT OF 1934
1. The authority citation for part 249
continues to read, in part, as follows:

■

[FR Doc. 2021–17443 Filed 8–13–21; 8:45 am]
BILLING CODE 4910–13–P

Authority: 15 U.S.C. 78a et seq. and 7201
et seq.; 12 U.S.C. 5461 et seq.; 18 U.S.C. 1350;
Sec. 953(b), Pub. L. 111–203, 124 Stat. 1904;
Sec. 102(a)(3), Pub. L. 112–106, 126 Stat. 309
(2012); Sec. 107, Pub. L. 112–106, 126 Stat.
313 (2012), and Sec. 72001, Pub. L. 114–94,
129 Stat. 1312 (2015), unless otherwise
noted.

SECURITIES AND EXCHANGE
COMMISSION
17 CFR Part 249
[Release No. 34–87005C; File No. S7–05–
14]

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Section 249.617 is also issued under Pub.
L. 111–203, 939, 939A, 124. Stat. 1376 (2010)
(15 U.S.C. 78c, 15 U.S.C. 78o–7 note).

RIN 3235–AL45

Recordkeeping and Reporting
Requirements for Security-Based
Swap Dealers, Major Security-Based
Swap Participants, and BrokerDealers; Correction

*

Securities and Exchange
Commission.
ACTION: Final rule; correction.

Note: The text of Part II of Form X–17A–
5 and the instructions thereto do not and this
amendment will not appear in the Code of
Federal Regulations.

*
*
*
*
2. Amend Part II of Form X–17A–5
(referenced in § 249.617) by removing
‘‘4) Rule 18a–7 99’’ and adding in its
place ‘‘4) Rule 18a–7 12999’’.

■

AGENCY:

On September 19, 2019, the
Securities and Exchange Commission
(the ‘‘Commission’’) adopted
recordkeeping, reporting, and
notification requirements applicable to
security-based swap dealers and major
security-based swap participants,
securities count requirements applicable
to certain security-based swap dealers,
and additional recordkeeping
requirements applicable to brokerdealers to account for their securitybased swap and swap activities. Release
34–87005 (Sept. 19, 2019) was
published in the Federal Register on
Dec. 16, 2019 (84 FR 68550). This
document corrects a technical
inaccuracy in that release.
DATES: Effective August 16, 2021.
FOR FURTHER INFORMATION CONTACT:
Valentina Minak Deng, Special Counsel,
at (202) 551–5778; Division of Trading
and Markets, Securities and Exchange
SUMMARY:

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Commission, 100 F Street NE,
Washington, DC 20549–7010.
SUPPLEMENTARY INFORMATION: We are
making a technical correction to Part II
of Form X–17A–5 (referenced in 17 CFR
249.617). The release resulting in the
technical inaccuracy was published in
the Federal Register on December 16,
2019 [84 FR 68550], and adopted by the
Commission in Exchange Act Release
No. 87005 on September 19, 2019.

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16:35 Aug 13, 2021

Jkt 253001

Dated: August 4, 2021.
Vanessa A. Countryman,
Secretary.
[FR Doc. 2021–16960 Filed 8–13–21; 8:45 am]
BILLING CODE 8011–01–P

DEPARTMENT OF THE INTERIOR
Bureau of Indian Affairs
25 CFR Part 150
[212A2100DD/AAKC001030/
A0A501010.999900]
RIN 1076–AF56

Indian Land Title and Records
Bureau of Indian Affairs,
Interior.
ACTION: Final rule.
AGENCY:

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45631

This final rule revises Bureau
of Indian Affairs (BIA) regulations
governing the Land Title and Records
Office (LTRO) to reflect modernization
of the LTRO. The LTRO maintains title
documents for land held in trust or
restricted status for individual Indians
and Tribes (Indian land). This rule
replaces outdated provisions and allows
for more widespread efficiencies by
reflecting current practices, while
creating a framework for future LTRO
operations.

SUMMARY:

This rule is effective September
15, 2021.
FOR FURTHER INFORMATION CONTACT:
Elizabeth Appel, Director, Office of
Regulatory Affairs & Collaborative
Action, (202) 273–4680;
elizabeth.appel@bia.gov.
SUPPLEMENTARY INFORMATION:
DATES:

I. Background and Summary of Rule
II. Changes from Proposed Rule to Final Rule
III. Response to Comments
IV. 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
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).

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Federal Register / Vol. 86, No. 155 / Monday, August 16, 2021 / Rules and Regulations

The Department published a proposed
rule on December 11, 2020 (85 FR
79965) and accepted comments on the
proposed rule until February 9, 2021.
Section II of this document provides an
overview of the final rule. Section III of
this document summarizes the
comments received on the proposed
rule and responds to those comments.
Section IV of this document details
changes made from the proposed rule to
the final rule stage.
II. Overview of Final Rule
The regulations being finalized today
replace those that have been in place
since 1981 (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 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 rule continues
to provide that each LTRO office is
primarily responsible for certain
geographic areas, but rather than
specifying those LTRO offices in the
rule, it instead points to a web page
where BIA can keep the list accurately
updated.
The 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 selfgovernance and self-determination (e.g.,
individual leases under approved
Helping Expedite and Advance
Responsible Tribal Homeownership
(HEARTH) Act regulations) by clarifying
that these documents must still be

Current 25 CFR §

New 25 CFR §

Description of changes
Provides more general description of responsibilities (e.g.,
to account for other types of reports beyond land title status reports that LTRO provides).
Alphabetizes terms.
Adds definitions for ‘‘certify,’’ ‘‘certified copy,’’ ‘‘Certifying
Officer,’’ ‘‘defect’’ or ‘‘title defect,’’ ‘‘I’’ or ‘‘you’’ (for plain
language purposes), ‘‘inherently Federal function,’’
‘‘land,’’ ‘‘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.
New section to address that Tribes may compact or contract for LTRO functions under Tribal self-governance
and self-determination compacts and contracts.
New section to address the significance of recording a document in the record of title.
No substantive change.

150.1

Purpose and scope ....................

150.1 What is the purpose of this
part?

150.2

Definitions ...................................

150.2

What terms do I need to know?

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150.3 May Tribes administer this part
on LTRO’s behalf?

150.3 Maintenance of land records and
title documents.

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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?

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recorded in the LTRO because the
documents affect who is authorized to
use Indian land.
The rule also makes 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 rule
would clarifies 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 rule allows the BIA
Director to delegate recording
responsibilities to another office for
certain transactions on an as-needed
basis. This capability provides
flexibility to facilitate future electronic
recording capabilities for efficiency.
The following table shows changes
from the current regulation to the final
rule.

Frm 00012

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New section to provide a list of services that the LTRO performs.
New section to address that the LTRO primarily maintains
the record of title electronically.

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Federal Register / Vol. 86, No. 155 / Monday, August 16, 2021 / Rules and Regulations
Current 25 CFR §

New 25 CFR §

Description of changes

150.4 Locations and service areas for
land titles and records offices.

150.105 Are certain LTRO offices responsible for certain geographic
areas?

150.5 Other Bureau offices with title
service responsibility.
150.6 Recordation of title documents ..

................................................................

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.
Deleted because this section is no longer necessary.

150.201 What is
record of title?

recorded

in

the

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
ments?

records

title

docu-

150.205 What are the minimum requirements for recording a title document?
150.7 Curative action to correct title
defects.

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

150.8 Title status reports ......................
150.9 Land status maps .......................
150.10 Certification of land records
and title documents.

................................................................
................................................................
150.301 How does LTRO certify copies of title documents?
150.302 What reports does the 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 or reports from
LTRO?
150.305 What information must I provide when requesting copies of title
documents and reports?
150.306 Will I be charged a fee for
obtaining copies of records?

150.11 Disclosure of land records, title
documents, and title reports.

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?

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III. Response to Comments
The Department hosted two Tribal
consultation sessions on this proposed
rule and received written submissions
from 12 Tribes. During the public
comment period, the Department also

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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.
New section to specify that in some instances, due diligence may require examination of other records of title
for Indian land.
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.
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.
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.
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.
Incorporated into new § 150.302.
Incorporated into new § 150.302.
Revised for plain language.
Lists the universe of reports that the LTRO may provide for
Indian land.
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.
New section to clarify that the BIA Agency or Region is the
liaison to the LTRO.
New section to list what information BIA will require in order
to identify the land for which a report is being requested.
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.
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.
New section regarding preservation requirements for Federal records.
New section required because the regulation imposes an
information collection by requiring individuals to provide
certain information in order to obtain copies of records.

received nine comments from
individuals, Indian housing and
homeownership organizations, title
companies, and capital companies. Of
the 21 total written submissions,
several, including half of the Tribes who
commented, expressed general support

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for the regulatory revisions as necessary
for the proper functioning of LTROs and
to account for technological
improvements and policy changes
throughout Indian country. All provided
additional comments and suggestions.
The Department appreciates this input

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Federal Register / Vol. 86, No. 155 / Monday, August 16, 2021 / Rules and Regulations

and provides its responses organized by
subpart, below.

3. Comments Requesting New
Definitions

A. Comments on Subpart A—Purpose
and Definitions

a. ‘‘Inherently Federal Function’’
A few Tribes and one title insurance
company commenter requested a
definition be added for ‘‘inherently
Federal function.’’ On Tribe requested
that the term be interpreted to exclude
certain items (i.e., FOIA and records
management).
Response: The final rule adds a
definition of ‘‘inherently Federal
function’’ to match the definition of the
term provided in the Indian SelfDetermination and Education
Assistance Act (ISDEAA). More
specificity on what constitutes an
inherently Federal function is
necessarily a case-by-case examination
because different laws apply to different
Tribes.

1. Definition of ‘‘Indian Land’’
One title insurance company that
commented asked that the phrase ‘‘or in
Federal law’’ be removed from the
definition of ‘‘Indian land’’ because,
according to the commenter, that phrase
could be construed to mean the NonIntercourse Act at 25 U.S.C. 177. The
commenter stated that the consequence
of that interpretation would be that
‘‘Indian land’’ would include title
documents to Tribal fee land and,
arguably, could allow LTRO to take the
position that the world has constructive
notice of that Tribal fee land recorded
in the Indian land record of title, even
if it is not recorded in the county record
of title.
Response: The phrase ‘‘or in Federal
law’’ captures restrictions on alienation
for certain Tribes that may not be stated
in the conveyance instrument but apply
as a matter of Federal law due to court
order or otherwise. The clear trend in
the case law is that the Non-Intercourse
Act does not apply to fee land, whether
on-reservation or off-reservation. This
trend is consistent with BIA’s authority
for approving transactions that affect
title.
A Tribe requested clarification that
Indian land includes mineral
(subsurface) interests, pointing out that
the current regulations include a
definition for ‘‘land’’ as meaning real
property and without that specification,
the term ‘‘Indian land’’ is ambiguous as
to whether it includes the subsurface or
mineral estate and whether ‘‘title’’
encompasses mineral estates that have
been severed from surface estates.
Response: The final rule adds the
definition for land as including surface
and/or subsurface interests.

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2. ‘‘Title Document’’
One Tribe stated their agreement with
the proposed rule’s inclusion of
examples of title documents in the
definition of ‘‘title document’’ as adding
clarity. This Tribe also agreed with the
proposed rule’s removal of the provision
in ‘‘title document’’ as including only
documents required to be recorded by
regulation or Bureau policy as
appropriate to accord a full and accurate
depiction of Indian land in the chain of
title.
Response: The final rule includes the
proposed rule’s definition of ‘‘title
document.’’

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b. ‘‘Individual Indian’’
An individual commenter requested a
new definition for ‘‘individual Indian’’
or ‘‘Indian owner’’ because individuals
may own Indian land and their rights to
challenge decisions related to title
should be acknowledged. This
commenter also stated that the
regulations imply that individual
Indians’ fiduciary protections and rights
are subordinated to Tribes because, for
example, the term ‘‘Tribe’’ is defined
while the term ‘‘individual Indian’’ is
not.
Response: The term ‘‘individual
Indian’’ is not defined in the regulation
because it appears only in the definition
of ‘‘Indian land’’ and the definition of
‘‘Probate Inventory Report,’’ both of
which can be understood without
defining ‘‘individual Indian.’’
Individual Indians’ rights as landowners
to challenge Federal decisions regarding
title are governed by different
regulations, such as 25 CFR part 2,
Appeals from Administrative Actions.
Nothing in the final rule for 25 CFR part
150 subordinates individual Indians’
fiduciary protections and rights to
Tribes. The term ‘‘Tribe’’ is defined
because that term appears in provisions
relating to Tribes as sovereign
governments (e.g., provisions relating to
compacting or compacting Federal
functions of an LTRO, provisions
relating to recordation of leases between
Tribes and Tribal Energy Development
Organizations).
B. Comments on Subpart B—Record of
Title
1. Purpose of the Record of Title
Two title insurance company
commenters asked how constructive
notice works in the context of an LTRO,
as far as whether the recordation of a

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title document in the LTRO gives the
real property interest priority over
interests recorded later or whether
notice impacts priority of interests.
Response: Recordation of title
documents for Indian land is different
from recordation of title documents for
fee land in county records. Priority is
not generally an issue in recordation of
title documents for Indian land because
the Department conducts a title
examination before taking land into
trust or restricted status, and the LTRO
relies upon the date of Departmental
approval (or other applicable date when
Departmental approval is not required)
as the valid and effective date of the
transaction. In other words, there is no
significance to the date of recording in
the LTRO the way there may be
significance to the date of recording title
documents to fee land in county
records. In response to this comment,
the final rule deletes the statement from
§ 150.101 that the record of title
provides the public with constructive
notice; rather, only certain entities/
individuals have access to information
in the record of title. See § 150.303.
2. LTRO Services
Two title insurance company
commenters requested the regulations
include a specific timeframe for LTRO
to issue title status reports (TSRs).
Another commenter stated that the rule
should impose timeframes on the LTRO
and provide recourse for delays.
Response: The LTRO processes
mortgage title requests for TSRs within
two working days of receipt from the
BIA agency. This timeframe is included
in policy but not the regulations to
allow flexibility to change as
circumstances require for internal
management of the LTRO, without
undergoing a rulemaking. Requestors
should coordinate with their BIA agency
contact to ensure that a request for a
TSR has been submitted to LTRO.
Two title insurance company
commenters suggested including
uncertified TSRs in addition to certified
TSRs in § 150.103 to be consistent with
the language in § 150.302(b).
Response: The final rule adds
‘‘uncertified Title Status Reports’’ for
consistency with § 150.302(b).
One individual commenter
recommended adding a subpart for
LTRO to record title transfers resulting
from historic sales where a ‘‘reserve
period’’ is included for the original
‘‘provisional sale’’ only upon assurance
that the buyer and seller negotiated the
final disposition upon expiration of the
‘‘reserve period.’’
Response: This comment appears to
relate to terms of a title transfer, which

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is beyond the scope of this regulation.
The commenter should raise this
comment with their local BIA agency
staff.
An individual commenter asked
whether it would be LTRO’s or the BIA
agency’s responsibility to notify
previously recognized owners that a
correction to a probate inventory report
is being proposed.
Response: If LTRO discovers an error
in a probate inventory report that
impacts Indian land ownership, then
the LTRO notifies the BIA agency realty
staff in writing, and the BIA agency
works with the Office of Hearings and
Appeals, to notify landowners and make
a correction as appropriate.
3. Maintaining the Record of Title
Two title insurance company
commenters requested that the
Department address any efforts to
digitize physical copies and confirm
that physical documents are historical
documents only. These commenters and
a homeownership organization
requested clarification that the LTRO is
currently digitizing all documents it
now receives.
Response: The LTRO has digitized
nearly all Indian land title records;
however, there remain some
non-imaged (i.e., non-digitized) records.
The LTRO digitizes all documents it
currently receives so that they can be
stored electronically in the record of
title and will work with BIA Realty to
ensure all known remaining nondigitized records are digitized.
One Tribe described the history of its
agency’s recordkeeping on well
locations and lease information.
Response: The Tribe’s comment has
been shared with the relevant agency.

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4. LTRO Responsibility for Certain
Geographic Areas
Section 150.105 of the proposed rule
provided that staff at each LTRO office
has primary responsibility to maintain
the record of title for Indian land under
that LTRO office’s assigned geographic
area, and that LTRO offices may assist
other LTRO offices in maintaining the
record of title for Indian land not under
that office’s assigned geographic area as
needed. A homeownership organization
stated its support for a fully accessible
electronic system across all LTRO
offices to allow workloads to be shifted
and prevent backlogs. Two title
insurance company commenters asked
what the process is for ensuring
documents are timely and correctly
transmitted among LTRO offices, how
sharing workloads would impact
recordation times, and whether there is

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a tracking option to determine where
submitted documents are.
Response: All title documents are
digitized (scanned into electronic
versions) and uploaded to a database
that is accessible to all LTRO offices,
regardless of geographic area. Having
one LTRO office assist another in
performing functions would have no
impact on recording timeframes, as all
LTRO offices are subject to the same
standards. LTRO uses a system for
tracking workloads to determine where
submitted documents are pending at
any given point.
A Tribe expressed concern that LTRO
offices outside the Tribe’s assigned
geographic area may lack the knowledge
and expertise to process title documents
unique to the geographic region. This
Tribe requested granting Tribes the
option to have their title document
requests completed by their local LTRO
or tasking local LTROs with reviewing
any reports produced by a secondary
LTRO or outside BIA office. Another
Tribe requested clarity on what it means
for a non-assigned LTRO office to assist
others, the process by which they would
provide assistance, and the types of
functions or services that the assistance
would include. This Tribe suggested
establishing a standardized process for
providing as-needed assistance and
clarifying whether a Tribe that has
contracted or compacted to perform
LTRO functions on its reservation may
also carry out the function for lands
located in other geographic areas.
Response: While there may be
variations in types of title documents
among regions, title documents are
encoded by the knowledgeable BIA
realty staff familiar with potential
unique variations. The LTRO functions
do not vary across geographic areas.
LTRO has determined that it is more
appropriate to set out in policy the
details of the process by which LTRO
offices would provide assistance and
types of functions or services the
assistance would include, as a matter of
internal management that does not have
any effect on landowners or others,
except as a method of ensuring that
LTRO continues to perform its functions
expeditiously. The final rule also
clarifies that this provision does not
apply to Tribes that are contracting or
compacting the LTRO function, because
under the Indian Self-Determination
and Education Assistance Act, those
contacting or compacting Tribes would
first need to obtain authorization from
each Tribe to be benefitted by the
proposed contract or compact before
assuming operation of any program,
function, service, or activity (PFSA). 25
CFR 900.8(d)(1).

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C. Comments on Subpart C—Recording
Documents
1. Documents LTRO Records (§ 150.201)
An individual commenter suggested
adding a provision to require LTRO to
record when title changes from trust to
fee and title recordation responsibilities
are transferred to State or local
jurisdictions.
Response: When a tract is transferred
to fee status, it is no longer ‘‘Indian
land’’ and is inactivated in the record of
title.
A Tribe stated that the requirement to
record subleasehold mortgages under 25
CFR 150.201(a) ensures the record of
title is accurate, complete, and up to
date, but could constrain current
staffing and resources for LTRO offices
that handle a significant number of
leases, noting that this requirement
triples the number of instruments the
LTRO records and maintains for its
reservation.
Response: Including subleasehold
mortgages as recordable documents
reflects a regulatory requirement that
already exists in 25 CFR part 169.
Another Tribe noted that the list in
§ 150.201 of documents for which
Secretarial approval is not required, but
must be recorded, does not include
Tribal utility lines crossing Tribal lands.
Response: The list included in
§ 150.201 is not exhaustive; however,
the final rule adds this item to the list
for clarity.
A title insurance company commenter
asked what the phrase ‘‘certain Tribes’’
is referencing in § 150.201(c)(1).
Response: The final rule replaces the
phrase ‘‘certain Tribes’’ with ‘‘a Tribe.’’
This same title insurance company
commenter requested a global statement
be added to the regulations confirming
that nothing prohibits recording title in
county records with the consent of the
landowner.
Response: While it is true that nothing
prohibits recording title to Indian land
in county records with the consent of
the landowner, the final rule does not
include this statement because that
statement could cause confusion
regarding the official record of title for
Indian land.
2. Checking With Other Governmental
Land Records (§ 150.202)
A Tribe expressed concern that the
regulatory provision saying that due
diligence may require examination of
other Federal, State, and local records is
unclear and distorts the role LTRO
offices play in maintaining the official
record of title for Indian land. The Tribe
asserts that the regulation should be
clear on this point, to eliminate any

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misconception that the record of title for
all lands, including Indian lands, is
maintained at the State or local level.
Response: The final rule clarifies in
§ 150.202 that LTRO maintains current
and historical title documents to Indian
land in the system of record.
A homeownership organization
suggested that § 150.202 should give
examples of circumstances in which
due diligence may require examination
in other records of title.
Response: Examples of circumstances
in which due diligence may require
examination in other records of title
include: Archives for original land
patents may require examination in
other Federal records of titles; and feeto-trust transactions for undivided fee
interests in a tract in which other
undivided interests are owned in trust
or restricted status may require
examination in State and local records
of title. The final rule does not include
these examples in the regulatory text
because doing so may give the
impression that these examples
constitute the entire universe of
documents for which due diligence may
require examination in other records of
title.

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3. Who May Submit for Recording
(§ 150.203)
Two title insurance company
commenters requested the regulations
include a timeframe for recording upon
submission.
Response: As mentioned above, the
LTRO does abide by internal
timeframes. LTRO has an internal
timeframe of two business days for
recording any document upon receipt
from the Agency, Region, or OHA. The
timeframe for the Agency, Region, or
OHA to prepare and transmit a
document to LTRO is outside the scope
of this rule.
4. Delegation of the Recording Function
(§ 150.204)
One Tribe commented on § 150.204,
which states that the BIA Director may
delegate authority to record title
documents to another BIA office by
documenting the delegation and types
of transactions to which it applies in the
Indian Affairs Manual. The Tribe stated
their support for the flexibility to allow
workload sharing across LTRO offices,
so long as the primary LTRO primarily
maintains the record of title. The Tribe
also requested that Tribes be given
notice of any long-term delegations so
the Tribe may discuss the delegation
with the Regional Director. An
individual commenter expressed
concern with allowing BIA to delegate
authority to another office.

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Response: The final rule retains this
provision to provide flexibility for
workload sharing. Any long-term
delegation that has potential Tribal
implications would be subject to
Executive Order 13175 requirements for
Tribal consultation.
A Tribe asked that privacy concerns
be addressed through best practices to
ensure that documents are only
accessed by designated and authorized
personnel for BIA purposes.
Response: The Privacy Act applies to
records within the record of title and,
under its system of record, access to the
record of title is limited to designated
and authorized personnel for official
purposes.
5. Minimum Requirements for
Recording (§ 150.205)
An individual commenter described
past sales that reserved part of the
interests (such as the mineral rights) for
transfer at a later date, and stated they
require affirmative title actions.
Response: This section, § 150.205(b),
sets out the minimum requirements for
recording documents. Actions required
to obtain BIA approval of a transfer are
addressed in separate regulations.
A title insurance company commenter
requested clarification as to whether the
‘‘proper notarization or other
acknowledgment of the signatures of the
parties’’ must be pursuant to State law.
Response: The applicable law
depends upon the document, and where
it was signed. Notaries are
commissioned under State law. Other
acknowledgments may include those
authorized for military members to
acknowledge other military members’
signatures, social workers or wardens to
acknowledge the signatures of
incarcerated individuals, and foreign
country notary equivalents. The LTRO
does not scrutinize the notary
commission authority, beyond checking
to ensure notary’s name appears on the
stamp and the commission has not
expired.
Another commenter asked whether
notarization pursuant to remote online
notarization laws is considered ‘‘proper
notarization or other acknowledgment
of the signatures of the parties.’’
Response: Notarial acts follow State
laws where the notary is physically
located. While the Department of the
Interior continues to monitor remote
online notarization capabilities, the
Department does not currently
recognize remote online notarization for
Federal purposes, even when permitted
under State notarial laws. Some State
laws have included language that
simultaneous live audio/video would
constitute ‘‘in-person’’

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acknowledgment. For these reasons, the
final rule specifies in § 150.205(a)(3)
that ‘‘traditional in-person’’ notarization
or other ‘‘in-person’’ acknowledgment of
the parties’ signatures, if appropriate, is
a minimum requirement for recording.
Two title insurance company
commenters requested more specificity
about when a tract number is required
in addition to the legal description to
record a document.
Response: The final rule revises the
proposed rule by stating that the tract
number should be included ‘‘if
available,’’ rather than ‘‘if required.’’ See
§ 150.205(a)(1).
A Tribe pointed out that the current
Part 150 states that title documents must
be submitted to the appropriate LTRO
for recording immediately after final
approval, issuance, or acceptance, but
the new proposed rule at § 150.205
deletes any reference to a timeframe.
This Tribe also asked whether the
requirement to record documents that
may not have been recorded in the past
is retroactive.
Response: Any applicable timeframes
for agencies to submit documents for
recording are found in the regulations
governing the underlying realty
transactions. For example, regulations
governing leasing provide that BIA will
record the lease documents immediately
upon approval of the transaction. See,
e.g., 25 CFR 162.217, 162.246, 162.343,
162.443, 162.533, 162.568.
6. Title Defects (§ 150.206)
An individual commenter requested
that a statement be added to § 150.206
to clarify that corrections to title
documents are made after the BIA
adjudicates the defect under appropriate
regulations, including notice to
potential owners/heirs or impacted
lenders regarding the corrections that
are being requested or proposed. Several
title insurance company commenters
had similar comments, stating that there
is no process to notify the parties of a
need for correction and asked how they
would know that a document is being
corrected.
Response: This regulation focuses on
LTRO’s role, which is to record title
documents. The BIA Region or Agency
is the liaison to the parties to the
transaction and is responsible for
notifying them. The responsibility to
notify potential owners/heirs of
corrections is outside the scope of this
regulation.
Title insurance company commenters
asked whether a document will be
disclosed on a TSR if LTRO has
discovered a title defect during a title
examination, requested the originating

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office correct the defect, and added a
notation in the record of title.
Response: If a document meets the
minimum requirements for recording,
LTRO records the document and puts a
notation on title, in which case the title
document will appear on the TSR. If the
document does not meet the minimum
requirements for recording, such as
when there is a fatal defect or required
information is omitted, then LTRO
sends the document back to the original
office for a correction, in which case the
title document generally would not
appear on the TSR.
A few commenters suggested adding
timelines for curing defects or omissions
in title documents.
Response: The agency who is the
originating office is responsible for
curing any omission or error. When
LTRO discovers a defect, LTRO sends
the documents electronically in real
time to the LTRO for correction. Once
LTRO receives the corrected document,
the timeframes applicable to recording
of any document applies.
D. Comments on Subpart D
1. Certifying Copies (§ 150.301)
A Tribe questioned whether there is,
in fact, an ‘‘official seal’’ and stated that
they have not yet received one even
though they have compacted LTRO
functions.
Response: BIA will follow up with the
Tribe to provide a stamp that serves as
the official seal.
2. LTRO Reports (§ 150.302)
An individual commenter requested
clarification on who and to whom
‘‘uncertified reports’’ may be made.
Response: LTRO provides uncertified
reports for the agency to provide to
those authorized to receive the
documents (for example, Tribal and
individual Indian landowners).
Uncertified reports are often provided to
assist lenders in preparing mortgage
documents, and then when LTRO
records the finalized mortgage, LTRO
provides a certified TSR.

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3. Who May Obtain Title Documents
Without FOIA (§ 150.303)
An individual commenter requested
that this section specify that owners
whose ownership interests have been
removed by the BIA and are appealing
that removal may obtain copies of title
documents without filing a Freedom of
Information Act (FOIA) request.
Response: The Indian Land
Consolidation Act, as amended by the
American Indian Probate Reform Act of
2004 (AIPRA) explicitly states who may
have access to title documents. AIPRA’s

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list of those who may have access does
not include individuals who no longer
qualify as owners. If the individual is
appealing, as the commenter states, then
the provisions of 25 CFR part 2 and 43
CFR part 4 may apply.
Multiple commenters requested that
title insurance companies, lenders, and
government agencies have access to title
documents to support Tribal
development and housing through their
insurance products and support
mortgage processes in Indian Country.
Two title insurance company
commenters asked whether a ‘‘legally
authorized representative’’ would
include a title company.
Response: ‘‘Legally authorized
representatives’’ refer to those holding
powers of attorney or serving as
guardians for the Indian land owners.
Title companies, lenders, and
government agencies involved in the
mortgage process are entitled to access
to the appropriate title documents and
reports under § 150.303(c), because they
are effectively applying to lease, use, or
consolidate Indian land; the BIA agency
would verify that they are entitled to
access and serve as the liaison to LTRO.
The usual path for title companies to
access records is through the BIA
agency realty staff that are handling the
underlying realty transaction. The
agency realty staff have access to the
record of title and provide the title
company with appropriate records, and
then request any certified copies from
LTRO. Likewise, lenders and others
work through the BIA agency, who
would access the record of title and
obtain the appropriate documents and
reports from LTRO. In accordance with
a recommendation from the Housing
and Urban Development (HUD), the
final rule also adds clarifying language
to § 150.303 to specify that Federal
agencies administering Native American
homeownership programs, and lenders
participating in these programs, are able
to request and receive copies of title
documents for Indian land without
additional justification regarding
leasing, using, or consolidating land.
A title insurance company commenter
requested that the regulations precisely
address any forms needed to authorize
access to title documents.
Response: LTRO does not have any
forms for accessing title documents;
instead, BIA agency realty staff will
contact LTRO by email to obtain the
appropriate title documents and reports,
and work with the requestor and LTRO.
A Tribe stated that the regulations
should specify that any person or entity
seeking records based on applying to
lease, use, or consolidate Indian land
must also be required to submit written

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proof of consent for the disclosure by
the owners of the Indian land or Tribe
with jurisdiction.
Response: In practice, the BIA agency
realty staff serves as the gatekeeper and
works with anyone seeking to lease, use,
or consolidate Indian land to obtain the
necessary title documents or reports
from LTRO for the transaction. The final
rule adds language to clarify that the
BIA realty staff are the primary points
of contact for anyone requesting
information from the LTRO.
A Tribe commented on its need to
have timely and unencumbered access
to oil and gas records.
Response: This comment is beyond
the scope of the regulations. The Federal
records the Osage Mineral Council
references in its comments are
maintained by the BIA Osage Agency in
relation to leasing of the Osage Mineral
Estate for oil and gas mining and are not
title records. Accordingly, the records
are not governed by the LTRO
regulations at issue.
4. How To Request Copies (§ 150.304)
An individual commenter requested
adding a provision to allow individuals
to request records directly from the
LTRO when requesting them through
their local agency would be sensitive
(e.g., because they are evaluating their
legal options).
Response: A direct request to LTRO
would need to provide justification for
not going through the BIA Agency or
Region, including a case number if there
is a challenge in progress. The final rule
does not provide directions for
requesting information directly from the
LTRO because, in nearly all cases,
requests should be made through the
BIA Agency or Region.
A Tribe requested ‘‘title documents’’
be deleted so that only the LTRO with
jurisdiction over the specified lands can
provide copies. The Tribe pointed to a
situation where an LTRO may know that
there are probates pending on a certain
parcel of land and check the status of
the probate to see it has been
adjudicated and an update to the
records is necessary.
Response: Title documents do not
reflect pending transactions, only those
that are approved. Regardless of
whether the LTRO is aware of a pending
probate or other transaction, the
pending probate or other transaction
does not affect the title until approved.
The LTRO updates title as soon as a
transaction is approved, and each LTRO
office has the same access to that record
of title, so there is no benefit to limiting
the ability to provide copies to only the
LTRO with jurisdiction over the
specified land.

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5. Fees (§ 150.306)

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A Tribe commented that if they were
to charge fees in carrying out LTRO
functions under its self-governance
compact, that they should not be bound
by Federal standards because those
standards are out of touch with ‘‘rush’’
orders and other demands.
Response: In fulfilling Federal
functions as an LTRO, Tribes are bound
by Federal regulations and statutes.
Another Tribe commented that the fee
schedule is outdated and not
representative of geographical
differences and recommended that BIA
authorize LTRO offices to develop their
own fee schedules that are indexed to
CPI and account for geographical
differences.
Response: The final rule continues to
use the fee schedule established at 43
CFR part 2, Appendix A, for consistency
across the Department, to avoid ‘‘forum
shopping’’ for the lowest fees and for
administrative efficiency to prevent
each of the 12 LTRO offices from having
to individually publish and update their
fees.
A Tribe opposed charging a fee to a
Tribe with jurisdiction to obtain copies
of records concerning land under its
jurisdiction.
Response: The final rule deletes the
provision allowing for Tribes with
jurisdiction to be charged a fee for
copies of documents related to land
under their jurisdiction.
A title insurance company
commented that paying for documents
adds another hurdle for development by
increasing the expense of doing
business in Indian County.
Response: The fees required under
this rule are nominal and are an
expected cost of doing business, given
that companies charge for title searches
and counties and localities often charge
fees, as well.
HUD recommended adding an
exception from paying fees for Federal
agencies administering Native American
homeownership programs and lenders
participating in the programs.
Response: The final rule does not
require LTRO to charge fees and
provides that LTRO may waive the fees.
LTRO generally will not charge fees to
Federal agencies administering Native
American homeownership programs
and lenders participating in these
programs for specific transactions.
E. Comments on Subpart E
A Tribe disagreed with the proposed
rule’s provision for determining
whether a record is the property of the
United States, stating that ownership
should depend on an analysis of the

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BIA’s ability to fulfill trust obligations if
documents are ‘‘owned’’ by the United
States, statutes, case law, and how
agencies have treated similar documents
in the past.
Response: The rule restates existing
statutory law regarding the ownership of
Federal records. See Federal Records
Act, 44 U.S.C. chapters 29, 31, 33.
Another comment was that it is not
realistic for a party who ‘‘makes or
receives records’’ to preserve them in
accordance with Departmental records
retention procedures.
Response: The rule restates existing
law regarding contractors’ obligation to
preserve records under the Federal
Records Act. See 36 CFR 1222.32.
Title insurance company commenters
stated that the rule should address what
happens to title documents when
property is transferred out of trust or
restricted status.
Response: The rule does not address
what happens to title documents when
property is transferred out of trust or
restricted status, because at that point,
it is no longer LTRO’s responsibility to
maintain title to the property. Once
property is transferred out of trust or
restricted status, responsibility for
maintenance of title to that property
shifts to the county or locality.
F. Miscellaneous
Several comments addressed Realty
functions, rather than LTRO functions,
including expressing concerns with
mortgages and other transaction
timelines, and requesting a more
transparent process on land
transactions. One commenter requested
published listings and organization
charts for identifying the correct person
to contact. A commenter also requested
the addition of a BIA Realty
ombudsman to assist Tribes in
prioritizing residential mortgage
approval packages and certified TSRs.
Response: These comments are not
directly related to the current
rulemaking, but the Department will
work with BIA Realty staff to address
these comments, as appropriate.
One Tribe stated that the rule should
address records or encumbrances that
are missing from TAAMS and detail a
process for Tribes to report, and the
Department to resolve, data gaps in
TAAMS, and establish deadlines for the
Department to resolve missing records.
Response: LTRO will work with BIA
to identify whether there are any data
gaps in TAAMS.
At least one commenter stated that the
LTRO needs additional staff and
resources to perform their duties.

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Response: The Department is working
with the appropriate Federal agencies to
increase staff.
One Tribe requested the Department
revise and reissue a more expansive
proposed rule. Another commenter also
requested reopening the comment
period because the public comment
period occurred over the holidays and
through a change in Administration.
Response: The Department has
considered this request and determined
that the issues addressed by the Tribe
could not be remedied by changes to
this regulation because the issues relate
to BIA realty functions, rather than
LTRO functions. The Department has
determined that finalization of these
regulations at this time is important to
replace the outdated regulations.
One Tribe commented that Tribes
should have open access to TAAMS to
conduct their own uncertified TSRs and
accessing other trust records, which
would increase transparency and
improve processing time for LTROs.
Response: Title documents to Indian
land are Federal and trust records, so
access is subject to Privacy Act and
other restrictions. For Tribes that are
carrying out the Federal functions of the
LTRO, Tribal staff must obtain the
appropriate access credentials and
Federal equipment.
On Tribe stated that LTRO should
manage title to water, as well as land,
and suggested further consultation on
the lack of a comprehensive water
management system by BIA.
Response: LTRO is not currently
equipped to track water rights; however,
the suggestion that a comprehensive
water management system to track water
user rights may be appropriate for future
discussion and consultation.
One commenter urged that any
changes in this rule be coordinated with
those eventually adopted under the
probate regulations.
Response: The Department is
coordinating updates to both these
regulations to ensure they are
substantively consistent.
A title insurance commenter
requested an explanation of BIA
oversight and standards for Tribal
LTROs.
Response: Tribes compacting or
contracting the LTRO functions are
subject to the same standards as Federal
LTROs in that they must follow the
same statutes and regulations.
A commenter stated that any
regulatory updates should include a
training effort to inform agency and
LTRO staff.
Response: BIA will conduct training
regarding following finalization.

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IV. Changes From Proposed Rule to
Final Rule

address comments received on the
proposed rule and for clarity. The
following table lists each of the changes
made from proposed to final:

The final rule includes several
changes from the proposed rule to
25 CFR §

Description of changes final rule makes to proposed rule

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?.
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?.

150.201
title?.

What is recorded in the record of

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 LTRO take if it discovers a title defect?.

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150.301 How does LTRO certify copies of title
documents?.
150.302 What reports does the 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 or reports from LTRO?.
150.305 What information must I provide when
requesting copies of title documents and reports?.
150.306 Will I be charged a fee for obtaining
copies of 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?.

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No changes to proposed rule.
Adds definitions for ‘‘inherently Federal function’’ and ‘‘land.’’
No changes to proposed rule.
Deletes reference to the public being provided with constructive notice, because only certain
individuals/entities have access to information in the record of title.
No changes to proposed rule.
Adds to paragraph (b) ‘‘in accordance with applicable law’’ to clarify that only certain individuals/entities may obtain certified copies of title documents in the record of title.
Clarifies that LTRO may provide uncertified Title Status Reports, in addition to certified Title
Status Reports.
Deletes ‘‘system of record’’ as an unnecessary phrase that could be confused with ‘‘record of
title.’’
Clarifies that only LTRO offices that are operated by BIA may assist in maintaining the record
of title for Indian land not under their assigned geographic area. Tribes compacting or contracting LTRO functions would be subject to the Indian Self-Determination and Education
Assistance Act requirements to obtain authorizing resolutions from each Tribe to be benefitted by the contract or contract. See 25 CFR 900.8(d)(1).
Deletes phrase ‘‘approved by the Secretary’’ when referring to Tribal Energy Resource Agreements (TERAs) under 25 CFR 224 as superfluous because TERAs must by definition be
Secretarially approved under 25 CFR 224.
Adds Tribal authorizations for Tribal utility lines crossing Tribal lands as an example of title
documents that do not require Secretarial approval but must be recorded.
No changes are made to paragraph (c), but please note that examples of documents that are
not title documents that LTRO may record are documents related to: off-reservation BIE
schools, Indian irrigation projects, off-reservation treaty fishing access sites, Federal public
works placed on Indian land, and Tribal land assignments.
Adds that LTRO maintains current and historical title documents for clarification.
No changes to proposed rule.
No changes to proposed rule.
Clarifies that a legal description of the Indian land that is encumbered by the title document
must be included for the title document to be recorded.
Revises to provide that the tract number must be included only if available.
Adds that notarization or acknowledgment of the signatures of the parties must be in person,
because the Department does not at this time accept remote notarization for Federal purposes.
Clarifies that LTRO will take the actions in paragraphs (a) and (b) if it discovers an omission
or error, respectively, prior to recording a title document.
Clarifies that LTRO does not record the title document if the defect is fatal.
No changes to proposed rule.
No changes to proposed rule.
Clarifies that individuals and entities request copies of title documents and reports through
their Region or Agency office, rather than from the LTRO directly.
Adds that Federal agencies administering Native American homeownership programs and
Federal lenders participating in the programs have access to title documents and reports
without filing a Freedom of Information Act (FOIA) request.
No changes to proposed rule.
No changes to proposed rule.
Deletes Tribes from list of parties that may be charged a fee for copies of records for Indian
land subject to the Tribe’s jurisdiction.
No changes to proposed rule.
No changes to proposed rule.
No changes to proposed rule.

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V. 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 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 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 rule addresses
how Indian land title and records are
maintained.

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C. Small Business Regulatory
Enforcement Fairness Act
This rule is not a major rule under 5
U.S.C. 804(2), the Small Business
Regulatory Enforcement Fairness Act.
This 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 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
rule does not have a significant or

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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 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 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 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 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.
The Department hosted consultation
sessions on January 12 and 14, 2021 by
telephone, and provided access on its
website to a Powerpoint presentation
setting out the proposed rule’s
provisions. Twelve Tribes submitted
written comments during the
consultation period. Summaries of those
comments and responses to the
comments are provided in Section III,
above.
I. Paperwork Reduction Act
This rule contains new information
collections. All information collections
require approval under the Paperwork

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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
and the tract number or legal
description.
Title: Requests for Indian Land Title
and Records Information.
OMB Control Number: 1076–0196.
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

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Federal Register / Vol. 86, No. 155 / Monday, August 16, 2021 / Rules and Regulations
Federal agencies to comment on any
aspect of this information collection,
including:
(1) Whether or not the collection of
information is necessary for the proper
performance of the functions of the
agency, including whether or not the
information will have practical utility;
(2) The accuracy of our estimate of the
burden for this collection of
information, including the validity of
the methodology and assumptions used;
(3) Ways to enhance the quality,
utility, and clarity of the information to
be collected; and
(4) Ways to minimize the burden of
the collection of information on those
who are to respond, including through
the use of appropriate automated,
electronic, mechanical, or other
technological collection techniques or
other forms of information technology,
e.g., permitting electronic submission of
response.
Written comments and
recommendations for the proposed
information collection should be sent
within 30 days of publication of this
notice to www.reginfo.gov/public/do/
PRAMain. Find this particular
information collection by selecting
‘‘Currently under 30-day 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 1076–0196 in the subject line of
your comments.

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?

J. National Environmental Policy Act

Subpart D—Disclosure of Title Documents
and Reports

This rule does not constitute a major
Federal action significantly affecting the
quality of the human environment. A
detailed statement under the National
Environmental Policy Act of 1969
(NEPA) is not required because the
environmental effects of this proposed
rule are too speculative to lend
themselves to meaningful analysis and
will later be subject to the NEPA
process, unless covered by a categorical
exclusion. (For further information see
43 CFR 46.210(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.

150.301 How does LTRO certify copies of
title documents?
150.302 What reports does LTRO provide?
150.303 Who may request and receive
copies of title documents in the record
of title or reports from LTRO without
filing a Freedom of Information Act
request?
150.304 Where do I request copies of title
documents and reports from LTRO?
150.305 What information must I provide
when requesting title documents or
reports?
150.306 Will I be charged a fee for obtaining
copies of records?

K. Effects on the Energy Supply (E.O.
13211)
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For the reasons given in the preamble,
the Department of the Interior amends
25 CFR chapter I, subchapter H, by
revising part 150 to read as follows:

This rule is not a significant energy
action under the definition in Executive
Order 13211. A Statement of Energy
Effects is not required.
List of Subjects in 25 CFR Part 150
Indians—lands.

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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.
seq.; 44 U.S.C. 3101 et. seq.; and 44 U.S.C.
3301 et. seq.

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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.
Certified copy means a copy of a title
document that is a true and correct copy
of the title document as recorded in the
record of title and evidenced by an
official seal.
Certify for the purposes of certifying
Title Status Reports, probate inventory
reports, title status maps, and findings
of title examinations means that an
LTRO Certifying Officer has determined
that the report, map, or examination of
land title status is complete, correct, and
current, based on the record of title.
Certifying Officer means the LTRO
Manager or another properly authorized
or delegated Federal official who
certifies the status of title to Indian
lands or copies of title documents.
Defect or title defect means an error
contained within, or created by, a title
document that makes the title to Indian
land uncertain.
I or you means the person to whom
these regulations directly apply.
Indian land means land, or an interest
therein, that is:
(1) Held in trust by the United States
for one or more individual Indians or
Tribes; or
(2) Owned by one or more individual
Indians or Tribes and can only be
alienated or encumbered by the owner
with the approval of the Secretary
because of restrictions or limitations in
the conveyance instrument or in Federal
law.
Inherently Federal function means
Federal function that may not legally be
delegated to an Indian Tribe.
Land is real property, including any
interests, benefits, and rights inherent in
the ownership of the real property. Land
may include surface and/or subsurface
interests.

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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 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 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 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

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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 constructive
notice that the title documents exist.
§ 150.102
title?

Who maintains the record of

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 in
accordance with applicable law;
(c) Examining the record of title and
certifying the findings of title
examinations;
(d) Providing certified and uncertified
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. 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 operated by BIA (as
opposed to a Tribe acting on behalf of
the Secretary) 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
title?

What is recorded in the record of

(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
under 25 CFR 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);
(6) Tribal authorization for Tribal
utility lines crossing Tribal lands must
be recorded under § 169.4(b)(3)(iii); and
(7) 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 a Tribe 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?

LTRO maintains current and
historical title documents to Indian land
but 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

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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
§ 150.205(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 prior to recording a title
document, the LTRO discovers there is
an error in one or more of the items
required for recording by § 150.205(a) 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 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
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. 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

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45643

documents or reports for Indian land
subject to the Tribe’s 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 § 150.303(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 (c) for
each copy of recorded title documents,
Title Status Reports, and land status

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maps to cover the costs in reviewing,
preparing, or processing the documents.
(b) The fee will be at the rate
established by 43 CFR 2, Appendix A.
(c) The LTRO may waive all or part
of these fees, at its discretion.
(d) Paid fees are non-refundable.

form or regulation containing the
collection of information has a currently
valid OMB Control Number.
Bryan Newland,
Assistant Secretary—Indian Affairs.
[FR Doc. 2021–17377 Filed 8–13–21; 8:45 am]
BILLING CODE 4337–15–P

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.

lotter on DSK11XQN23PROD with RULES1

§ 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 1076–0196. 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

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DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 100
[Docket Number USCG–2021–0346]
RIN 1625–AA08

Special Local Regulation; St. Mary’s
River, St. George Creek, Piney Point,
MD
Coast Guard, DHS.
Temporary final rule.

AGENCY:
ACTION:

The Coast Guard is
establishing a temporary special local
regulation for certain waters of the St.
Mary’s River. This action is necessary to
provide for the safety of life on these
navigable waters located at Piney Point,
MD, during a high-speed power boat
demonstration event on October 2, 2021,
and October 3, 2021. This regulation
prohibits persons and vessels from
entering the regulated area unless
authorized by the Captain of the Port
Maryland—National Capital Region or
the Coast Guard Event Patrol
Commander.

SUMMARY:

This rule is effective from 7:30
a.m. on October 2, 2021, through 5 p.m.
on October 3, 2021. This rule will be
enforced from 7:30 a.m. to 5 p.m. on
October 2, 2021, and those same hours
on October 3, 2021.
ADDRESSES: To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov, type USCG–2021–
0346 in the ‘‘SEARCH’’ box and click
‘‘SEARCH.’’ Next, in the Document
Type column, select ‘‘Supporting &
Related Material.’’
FOR FURTHER INFORMATION CONTACT: If
you have questions on this rule, call or
email Mr. Ron Houck, U.S. Coast Guard
Sector Maryland-National Capital
Region; telephone 410–576–2674, email
D05-DG-SectorMD-NCR-MarineEvents@
uscg.mil.
DATES:

SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations
CFR Code of Federal Regulations
COTP Captain of the Port

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DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
PATCOM Patrol Commander
§ Section
U.S.C. United States Code

II. Background Information and
Regulatory History
The Southern Maryland Boat Club of
Leonardtown, MD, notified the Coast
Guard that from 8 a.m. to 4 p.m. on
October 2, 2021, and from 8 a.m. to 4
p.m. on October 3, 2021, it will be
conducting the Southern Maryland Boat
Club Piney Point Regatta on St. George
Creek at Piney Point, MD. In response,
on June 25, 2021, the Coast Guard
published a notice of proposed
rulemaking (NPRM) titled ‘‘Special
Local Regulation; St. Mary’s River, St.
George Creek, Piney Point, MD’’ (86 FR
33598). There we stated why we issued
the NPRM, and invited comments on
our proposed regulatory action related
to this high-speed power boat
demonstration event. During the
comment period that ended July 26,
2021, we received no comments.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule
under authority in 46 U.S.C. 70041. The
Captain of the Port Maryland-National
Capital Region (COTP) has determined
that potential hazards associated with
the vintage and historic racing power
boat demonstration will be a safety
concern for anyone intending to
participate in this event and for vessels
that operate within specified waters of
the St. Mary’s River. These hazards
include risks of injury or death resulting
from near or actual contact among
participant vessels and spectator vessels
or waterway users if normal vessel
traffic were to interfere with the event.
Additionally, such hazards include
participants operating within and
adjacent to designated navigation
channels and interfering with vessels
intending to operate within those
channels as well as operating near
approaches to local public boat
landings. The purpose of this rule is to
protect event participants, nonparticipants and transiting vessels
before, during, and after the scheduled
event.
IV. Discussion of Comments, Changes,
and the Rule
As noted above, we received no
comments on our NPRM published June
25, 2021. There are no changes in the
regulatory text of this rule from the
proposed rule in the NPRM.
This rule establishes special local
regulations from 7:30 a.m. on October 2,
2021, through 5 p.m. on October 3,

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