[Federal Register Volume 81, Number 40 (Tuesday, March 1, 2016)]
[Rules and Regulations]
[Pages 10477-10479]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-04332]


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DEPARTMENT OF THE INTERIOR

Bureau of Indian Affairs

[167A2100DD/AAKC001030/A0A501010.999900 253G]

25 CFR Part 151

RIN 1076-AF28


Title Evidence for Trust Land Acquisitions

AGENCY: Bureau of Indian Affairs, Interior.

ACTION: Interim final rule with request for comments.

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SUMMARY: This rule deletes the requirement for fee-to-trust applicants 
to furnish title evidence that meets the ``Standards for the 
Preparation of Title Evidence in Land Acquisitions by the United 
States'' issued by the U.S. Department of Justice (DOJ), and replaces 
the requirement with a more targeted requirement for title evidence, 
because adherence to the DOJ standards is not required for acquisitions 
of land in trust for individual Indians or Indian tribes.

DATES: Comments on this rule must be received by March 31, 2016. This 
rule will become effective without further action on April 15, 2016.

ADDRESSES: You may submit comments by any of the following methods:

--Federal rulemaking portal: http://www.regulations.gov. The rule is 
listed under the agency name ``Bureau of Indian Affairs.'' The rule has 
been assigned Docket ID: BIA-2016-0001.
--Email: [email protected]. Include the number 1076-AF28 in the 
subject line of the message.
--Mail or hand-delivery: Elizabeth K. Appel, Director, Office of 
Regulatory Affairs & Collaborative Action--Indian Affairs, U.S. 
Department of the Interior, 1849 C Street NW., MS 3642, Washington, DC 
20240. Include the number 1076-AF28 on the outside of the envelope.

    We cannot ensure that comments received after the close of the 
comment period (see DATES) will be included in the docket for this 
rulemaking and considered. Comments sent to an address other than those 
listed above will not be included in the docket for this rulemaking.

FOR FURTHER INFORMATION CONTACT: Elizabeth Appel, Director, Office of 
Regulatory Affairs and Collaborative Action, Office of the Assistant 
Secretary--Indian Affairs; telephone (202) 273-4680, 
[email protected].

SUPPLEMENTARY INFORMATION:

I. Background
II. Description of Changes
III. Procedural Requirements
    A. Regulatory Planning and Review (E.O. 12866)
    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. Information Quality Act
    L. Effects on the Energy Supply (E.O. 13211)
    M. Clarity of this Regulation
    N. Public Availability of Comments
    O. Required Determinations Under the Administrative Procedure 
Act

I. Background

    Section 5 of the Indian Reorganization Act (IRA) is the primary 
authority for the Secretary of the Interior (Secretary) to acquire land 
in trust for individual Indians or Indian tribes. 25 U.S.C. 465. 
Congress has also enacted other statutes that authorize the acquisition 
of lands for specific tribes. The Department's regulations at 25 CFR 
part 151 establish the process for taking land into trust pursuant to 
section 465 and other statutory authority. Section 151.13 of the 
regulations requires the applicant to furnish title evidence meeting 
the ``Standards for the Preparation of Title Evidence in Land 
Acquisitions by the United States,'' issued by DOJ if the Secretary 
determines to approve a fee-to-trust application.

II. Description of Changes

    The current rule provides that, once the Secretary determines that 
he or she will approve a request to take land into trust, he or she 
must acquire, or require the applicant to furnish, title evidence 
meeting the Standards for the Preparation of Title Evidence in Land 
Acquisitions by the United States. Those standards have since been re-
issued as the Department of Justice Title Standards 2001: A guide for 
the preparation of title evidence in land acquisition by the United 
States of America. This interim final rule deletes the requirement for 
the applicant to furnish title evidence meeting the DOJ standards 
because those standards are not required for acquisitions of land in 
trust for individual Indians or Indian tribes.
    The rule replaces the DOJ standard with a more targeted title 
evidence standard that requires the applicant to furnish written 
evidence that the applicant has ownership, or will have

[[Page 10478]]

ownership, of title and how title was acquired, as well as either (1) a 
current title insurance commitment; or (2) the policy of title 
insurance issued at the time of the applicant's or current owner's 
acquisition of the interest and an abstract dating from the time the 
interest was acquired. Of course, this rule does not preclude 
applicants from having title confirmed pursuant to all requirements of 
the Department of Justice Title Standards if the applicant so chooses.
    The rule continues the current requirement that title evidence must 
be submitted and reviewed by the Department before title is 
transferred. The rule also continues the practice of requiring the 
elimination of any legal claims, including but not limited to liens, 
mortgages, and taxes, determined by the Secretary to make title 
unmarketable, prior to acceptance in trust. Finally, the rule continues 
the requirement for the Bureau of Indian Affairs (BIA) to complete a 
Certificate of Inspection and Possession prior to trust transfer.
    This rule will apply to all trust applications submitted after the 
effective date. This rule will also apply to trust applications that 
are pending and for which the Preliminary Title Opinion has not yet 
been prepared by the Office of the Solicitor as of the effective date. 
However, if applicants have already submitted evidence meeting the DOJ 
Title Standards, they need not re-submit evidence pursuant to this 
rule. This rule will not apply to trust applications that are pending 
and for which the Preliminary Title Opinion has already been prepared 
by the Office of the Solicitor as of the effective date.
    BIA plans to update its fee-to-trust handbook to address the new 
rule.

III. Procedural Requirements

A. Regulatory Planning and Review (E.O. 12866)

    This interim final rule is not a significant rule and the Office of 
Management and Budget has not reviewed this rule under Executive Order 
12866. This rule clarifies the standard of title evidence for 
acquisitions of trust land by the Secretary of the Interior, and will 
not have any economic effects or raise any novel issues.
    (1) This rule will not have an effect of $100 million or more on 
the economy or adversely affect in a material way the economy, 
productivity, competition, jobs, the environment, public health or 
safety, or State, local, or tribal governments or communities.
    (2) This rule will not create a serious inconsistency or otherwise 
interfere with an action taken or planned by another agency because the 
Department is the only agency vested with the authority to take land 
into trust on behalf of Indian tribes and individual Indians.
    (3) This rule does not involve entitlements, grants, user fees, or 
loan programs or the rights or obligations of recipients. The rule 
provides a more targeted requirement for title evidence for an 
applicant but does not otherwise affect the applicant's rights or 
obligations.
    (4) These regulatory changes do not raise novel legal or policy 
issues because the regulations do not substantively change the 
acquisition of land from unrestricted fee status to trust status.

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.). 
It does not change current funding requirements or regulate small 
entities.

C. Small Business Regulatory Enforcement Fairness Act

    This interim final rule is not a major rule under 5 U.S.C. 804(2), 
the Small Business Regulatory Enforcement Fairness Act. It will not 
result in the expenditure by State, local, or Tribal governments, in 
the aggregate, or by the private sector of $100 million or more in any 
one year. The rule will not result in a major increase in costs or 
prices for consumers, individual industries, Federal, State, or local 
government agencies, or geographic regions. Nor will this rule 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. This rule removes the 
requirement for title evidence to comply with DOJ standards and 
replaces this requirement with a more targeted requirement for title 
evidence; it will not result in additional expenditures by any entity.

D. Unfunded Mandates Reform Act

    This interim final 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 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)

    Under the criteria in Executive Order 12630, this interim final 
rule does not affect individual property rights protected by the Fifth 
Amendment nor does it involve a compensable ``taking.'' A takings 
implication assessment is not required.

F. Federalism (E.O. 13132)

    Under the criteria in Executive Order 13132, this interim final 
rule has no substantial direct effect on the States, on the 
relationship between the national government and the States, or on the 
distribution of power and responsibilities among the various levels of 
government. This rule removes the requirement for title evidence to 
comply with DOJ standards and replaces this requirement with a more 
targeted requirement for title evidence; it does not affect States or 
the relationship with States in any way.

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

    This interim final rule complies with the requirements of Executive 
Order 12988. Specifically, this rule has been reviewed to eliminate 
errors and ambiguity and written to minimize litigation; and is written 
in clear language and contains clear legal standards.

H. Consultation With Indian Tribes (E.O. 13175)

    In accordance with the President's memorandum of April 29, 1994, 
``Government-to-Government Relations with Native American Tribal 
Governments,'' Executive Order 13175 (59 FR 22951, November 6, 2000), 
and 512 DM 2, we have evaluated the potential effects on federally 
recognized Indian Tribes and Indian trust assets and have determined 
there is no ``substantial direct effect'' on Tribes, on the 
relationship between the Federal Government and Tribes, or on the 
distribution of power and responsibilities between the Federal 
Government and Indian tribes. The rule will affect Tribes who apply to 
take land into trust, in that the rule removes unnecessary submissions 
of documentation. However, the rule does not have a substantial direct 
effect on Tribes because Tribes can still submit evidence meeting the 
DOJ title standards should they so choose and allowing the option of 
submitting a past title insurance policy and an abstract of title is 
intended to be less burdensome than the existing rule. The Department

[[Page 10479]]

is committed to meaningful consultation with Tribes on substantive 
matters that have a substantial direct effect on Tribes, in accordance 
with E.O. 13175 and the Department of the Interior Policy on 
Consultation with Indian Tribes.

I. Paperwork Reduction Act

    This information collection for trust land applications is 
authorized by OMB Control Number 1076-0100, with an expiration of 08/
31/16. The elimination of the requirement to comply with DOJ standards 
is not expected to have a quantifiable effect on the hour burden 
estimate for the information collection, but BIA will review whether 
its current estimates are affected by this change at the next renewal.

J. National Environmental Policy Act

    This interim final rule does not constitute a major Federal action 
significantly affecting the quality of the human environment.

K. Information Quality Act

    In developing this interim final rule we did not conduct or use a 
study, experiment, or survey requiring peer review under the 
Information Quality Act (Pub. L. 106-554).

L. Effects on the Energy Supply (E.O. 13211)

    This interim final rule is not a significant energy action under 
the definition in Executive Order 13211. A Statement of Energy Effects 
is not required.

M. Clarity of This Regulation

    We are required by Executive Orders 12866 and 12988 and by the 
Presidential Memorandum of June 1, 1998, to write all rules in plain 
language. This means that each rule we publish must:
    (a) Be logically organized;
    (b) Use the active voice to address readers directly;
    (c) Use clear language rather than jargon;
    (d) Be divided into short sections and sentences; and
    (e) Use lists and tables wherever possible.
    If you feel that we have not met these requirements, send us 
comments by one of the methods listed in the ``COMMENTS'' section. To 
better help us revise the rule, your comments should be as specific as 
possible. For example, you should tell us the numbers of the sections 
or paragraphs that are unclearly written, which sections or sentences 
are too long, the sections where you believe lists or tables would be 
useful, etc.

N. Public Availability of Comments

    Before including your address, phone number, email address, or 
other personal identifying information in your comment, you should be 
aware that your entire comment--including your personal identifying 
information--may be made publicly available at any time. While you can 
ask us in your comment to withhold your personal identifying 
information from public review, we cannot guarantee that we will be 
able to do so.

O. Required Determinations Under the Administrative Procedure Act

    We are publishing this interim final rule with a request for 
comment without prior notice and comment, as allowed under 5 U.S.C. 
553(b)(B). Under section 553(b)(B), we find that prior notice and 
comment are unnecessary because this is a minor, technical action that 
eliminates an unnecessary requirement. This rule removes the 
unnecessary requirement that the title evidence the applicant submits 
must comply with DOJ standards for title evidence. Delay in publishing 
this rule would unnecessarily continue imposing the unnecessary 
requirement on applicants and would therefore be contrary to the public 
interest.
    We have requested comments on this interim final rule. We will 
review any comments received and if we receive significant adverse 
comments, we will by a future publication in the Federal Register, 
initiate a proposed rulemaking or revise or withdraw this rule.

List of Subjects in 25 CFR Part 151

    Indians--lands, Reporting and recordkeeping requirements.

    For the reasons given in the preamble, the Department of the 
Interior amends 25 CFR part 151 as follows:

PART 151--LAND ACQUISITIONS

0
1. The authority citation for part 151 continues to read as follows:

    Authority: R.S. 161: 5 U.S.C. 301. Interpret or apply 46 Stat. 
1106, as amended; 46 Stat.1471, as amended; 48 Stat. 985, as 
amended; 49 Stat. 1967, as amended, 53 Stat. 1129; 63 Stat. 605; 69 
Stat. 392, as amended; 70 Stat. 290, as amended; 70 Stat. 626; 75 
Stat. 505; 77 Stat. 349; 78 Stat. 389; 78 Stat. 747; 82 Stat. 174, 
as amended, 82 Stat. 884; 84 Stat. 120; 84 Stat. 1874; 86 Stat. 216; 
86 Stat. 530; 86 Stat. 744; 88 Stat. 78; 88 Stat. 81; 88 Stat. 1716; 
88 Stat. 2203; 88 Stat. 2207; 25 U.S.C. 2, 9, 409a, 450h, 451, 464, 
465, 487, 488, 489, 501, 502, 573, 574, 576, 608, 608a, 610, 610a, 
622, 624, 640d-10, 1466, 1495, and other authorizing acts.


0
2. Revise Sec.  151.13 to read as follows:


Sec.  151.13  Title review.

    (a) If the Secretary determines that she will approve a request for 
the acquisition of land from unrestricted fee status to trust status, 
she shall require the applicant to furnish title evidence as follows:
    (1) Written evidence of the applicant's title or that title will be 
transferred to the United States on behalf of the applicant to complete 
the acquisition in trust; and
    (2) Written evidence of how title was acquired by the applicant or 
current owner; and
    (3) Either:
    (i) A current title insurance commitment; or
    (ii) The policy of title insurance issued at the time of the 
applicant's or current owner's acquisition of the land and an abstract 
of title dating from the time the land was acquired by the applicant or 
current owner.
    (b) After reviewing submitted title evidence, the Secretary shall 
notify the applicant of any liens, encumbrances, or infirmities that 
the Secretary identified and may seek additional information from the 
applicant needed to address such issues. The Secretary may require the 
elimination of any such liens, encumbrances, or infirmities prior to 
taking final approval action on the acquisition, and she shall require 
elimination prior to such approval if she determines that the liens, 
encumbrances or infirmities make title to the land unmarketable.

    Dated: February 23, 2016.
Lawrence S. Roberts,
Acting Assistant Secretary--Indian Affairs.
[FR Doc. 2016-04332 Filed 2-29-16; 8:45 am]
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