81_FR_10517 81 FR 10477 - Title Evidence for Trust Land Acquisitions

81 FR 10477 - Title Evidence for Trust Land Acquisitions

DEPARTMENT OF THE INTERIOR
Bureau of Indian Affairs

Federal Register Volume 81, Issue 40 (March 1, 2016)

Page Range10477-10479
FR Document2016-04332

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.

Federal Register, Volume 81 Issue 40 (Tuesday, March 1, 2016)
[Federal Register Volume 81, Number 40 (Tuesday, March 1, 2016)]
[Rules and Regulations]
[Pages 10477-10479]
From the Federal Register Online  [www.thefederalregister.org]
[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.

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

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]
BILLING CODE 4337-15-P



                                                                      Federal Register / Vol. 81, No. 40 / Tuesday, March 1, 2016 / Rules and Regulations                                          10477

                                                  O. Required Determinations Under the                    DEPARTMENT OF THE INTERIOR                            I. Background
                                                  Administrative Procedure Act                                                                                  II. Description of Changes
                                                                                                          Bureau of Indian Affairs                              III. Procedural Requirements
                                                     We are publishing this interim final                                                                          A. Regulatory Planning and Review (E.O.
                                                  rule with a request for comment without                 [167A2100DD/AAKC001030/                                     12866)
                                                                                                          A0A501010.999900 253G]                                   B. Regulatory Flexibility Act
                                                  prior notice and comment, as allowed
                                                                                                                                                                   C. Small Business Regulatory Enforcement
                                                  under 5 U.S.C. 553(b)(B). Under section                 25 CFR Part 151                                             Fairness Act
                                                  553(b)(B), we find that prior notice and                                                                         D. Unfunded Mandates Reform Act
                                                  comment are unnecessary because this                    RIN 1076–AF28
                                                                                                                                                                   E. Takings (E.O. 12630)
                                                  is a minor, technical action that imposes                                                                        F. Federalism (E.O. 13132)
                                                                                                          Title Evidence for Trust Land
                                                  an unnecessary burden on applicants.                                                                             G. Civil Justice Reform (E.O. 12988)
                                                                                                          Acquisitions                                             H. Consultation With Indian Tribes (E.O.
                                                  This rule reduces burden on eligible
                                                  applicants by extending the time period                 AGENCY:   Bureau of Indian Affairs,                         13175)
                                                  in which a request for burial assistance                Interior.                                                I. Paperwork Reduction Act
                                                  may be submitted. Delay in publishing                                                                            J. National Environmental Policy Act
                                                                                                          ACTION: Interim final rule with request
                                                                                                                                                                   K. Information Quality Act
                                                  this rule would unnecessarily continue                  for comments.                                            L. Effects on the Energy Supply (E.O.
                                                  imposing a hardship on eligible                                                                                     13211)
                                                  applicants who have recently lost a                     SUMMARY:    This rule deletes the
                                                                                                                                                                   M. Clarity of this Regulation
                                                  relative. Delaying the rule by                          requirement for fee-to-trust applicants to               N. Public Availability of Comments
                                                  publication of a proposed rule would                    furnish title evidence that meets the                    O. Required Determinations Under the
                                                  therefore be contrary to the public                     ‘‘Standards for the Preparation of Title                    Administrative Procedure Act
                                                  interest.                                               Evidence in Land Acquisitions by the
                                                                                                          United States’’ issued by the U.S.                    I. Background
                                                     We have requested comments on this                   Department of Justice (DOJ), and                         Section 5 of the Indian Reorganization
                                                  interim final rule. We will review any                  replaces the requirement with a more                  Act (IRA) is the primary authority for
                                                  comments received and if we receive                     targeted requirement for title evidence,              the Secretary of the Interior (Secretary)
                                                  significant adverse comments, we will                   because adherence to the DOJ standards                to acquire land in trust for individual
                                                  by a future publication in the Federal                  is not required for acquisitions of land              Indians or Indian tribes. 25 U.S.C. 465.
                                                  Register, either initiate a proposed                    in trust for individual Indians or Indian             Congress has also enacted other statutes
                                                  rulemaking or revise or withdraw this                   tribes.                                               that authorize the acquisition of lands
                                                  rule.                                                                                                         for specific tribes. The Department’s
                                                                                                          DATES: Comments on this rule must be
                                                  List of Subjects in 25 CFR Part 20                      received by March 31, 2016. This rule                 regulations at 25 CFR part 151 establish
                                                                                                          will become effective without further                 the process for taking land into trust
                                                    Indians, Public assistance programs,                  action on April 15, 2016.                             pursuant to section 465 and other
                                                  Reporting and recordkeeping                             ADDRESSES: You may submit comments                    statutory authority. Section 151.13 of
                                                  requirements.                                           by any of the following methods:                      the regulations requires the applicant to
                                                    For the reasons given in the preamble,                —Federal rulemaking portal: http://                   furnish title evidence meeting the
                                                  the Department of the Interior amends                      www.regulations.gov. The rule is                   ‘‘Standards for the Preparation of Title
                                                  25 CFR part 20 as follows:                                 listed under the agency name ‘‘Bureau              Evidence in Land Acquisitions by the
                                                                                                             of Indian Affairs.’’ The rule has been             United States,’’ issued by DOJ if the
                                                  PART 20—FINANCIAL ASSISTANCE                               assigned Docket ID: BIA–2016–0001.                 Secretary determines to approve a fee-
                                                  AND SOCIAL SERVICES PROGRAMS                            —Email: elizabeth.appel@bia.gov.                      to-trust application.
                                                                                                             Include the number 1076–AF28 in the                II. Description of Changes
                                                  ■ 1. The authority citation for part 20                    subject line of the message.
                                                                                                          —Mail or hand-delivery: Elizabeth K.                     The current rule provides that, once
                                                  continues to read as follows:                                                                                 the Secretary determines that he or she
                                                                                                             Appel, Director, Office of Regulatory
                                                    Authority: 25 U.S.C. 13; Pub. L. 93–638;
                                                                                                             Affairs & Collaborative Action—                    will approve a request to take land into
                                                  Pub. L. 98–473; Pub. L. 102–477; Pub. L.                                                                      trust, he or she must acquire, or require
                                                                                                             Indian Affairs, U.S. Department of the
                                                  104–193; Pub. L. 105–83.                                                                                      the applicant to furnish, title evidence
                                                                                                             Interior, 1849 C Street NW., MS 3642,
                                                                                                             Washington, DC 20240. Include the                  meeting the Standards for the
                                                  ■ 2. Revise paragraph (a) of § 20.325 to                                                                      Preparation of Title Evidence in Land
                                                  read as follows:                                           number 1076–AF28 on the outside of
                                                                                                             the envelope.                                      Acquisitions by the United States. Those
                                                  § 20.325 Who can apply for Burial                                                                             standards have since been re-issued as
                                                                                                             We cannot ensure that comments
                                                  Assistance?                                                                                                   the Department of Justice Title
                                                                                                          received after the close of the comment
                                                  *     *    *     *     *                                                                                      Standards 2001: A guide for the
                                                                                                          period (see DATES) will be included in
                                                                                                                                                                preparation of title evidence in land
                                                    (a) To apply for burial assistance                    the docket for this rulemaking and
                                                                                                                                                                acquisition by the United States of
                                                  under this section, you must submit the                 considered. Comments sent to an
                                                                                                                                                                America. This interim final rule deletes
                                                  application to the social services                      address other than those listed above
                                                                                                                                                                the requirement for the applicant to
                                                  worker. You must submit this                            will not be included in the docket for
                                                                                                                                                                furnish title evidence meeting the DOJ
                                                  application within 180 days following                   this rulemaking.
                                                                                                                                                                standards because those standards are
asabaliauskas on DSK5VPTVN1PROD with RULES




                                                  death.                                                  FOR FURTHER INFORMATION CONTACT:
                                                                                                                                                                not required for acquisitions of land in
                                                  *     *    *     *     *                                Elizabeth Appel, Director, Office of                  trust for individual Indians or Indian
                                                                                                          Regulatory Affairs and Collaborative                  tribes.
                                                    Dated: February 23, 2016.                             Action, Office of the Assistant                          The rule replaces the DOJ standard
                                                  Lawrence S. Roberts,                                    Secretary—Indian Affairs; telephone                   with a more targeted title evidence
                                                  Acting Assistant Secretary—Indian Affairs.              (202) 273–4680, elizabeth.appel@                      standard that requires the applicant to
                                                  [FR Doc. 2016–04335 Filed 2–29–16; 8:45 am]             bia.gov.                                              furnish written evidence that the
                                                  BILLING CODE 4337–15–P                                  SUPPLEMENTARY INFORMATION:                            applicant has ownership, or will have


                                             VerDate Sep<11>2014   18:20 Feb 29, 2016   Jkt 238001   PO 00000   Frm 00045   Fmt 4700   Sfmt 4700   E:\FR\FM\01MRR1.SGM   01MRR1


                                                  10478               Federal Register / Vol. 81, No. 40 / Tuesday, March 1, 2016 / Rules and Regulations

                                                  ownership, of title and how title was                      (2) This rule will not create a serious            the information required by the
                                                  acquired, as well as either (1) a current               inconsistency or otherwise interfere                  Unfunded Mandates Reform Act (2
                                                  title insurance commitment; or (2) the                  with an action taken or planned by                    U.S.C. 1531 et seq.) is not required.
                                                  policy of title insurance issued at the                 another agency because the Department
                                                                                                                                                                E. Takings (E.O. 12630)
                                                  time of the applicant’s or current                      is the only agency vested with the
                                                  owner’s acquisition of the interest and                 authority to take land into trust on                     Under the criteria in Executive Order
                                                  an abstract dating from the time the                    behalf of Indian tribes and individual                12630, this interim final rule does not
                                                  interest was acquired. Of course, this                  Indians.                                              affect individual property rights
                                                  rule does not preclude applicants from                     (3) This rule does not involve                     protected by the Fifth Amendment nor
                                                  having title confirmed pursuant to all                  entitlements, grants, user fees, or loan              does it involve a compensable ‘‘taking.’’
                                                  requirements of the Department of                       programs or the rights or obligations of              A takings implication assessment is not
                                                  Justice Title Standards if the applicant                recipients. The rule provides a more                  required.
                                                  so chooses.                                             targeted requirement for title evidence               F. Federalism (E.O. 13132)
                                                     The rule continues the current                       for an applicant but does not otherwise
                                                                                                          affect the applicant’s rights or                         Under the criteria in Executive Order
                                                  requirement that title evidence must be                                                                       13132, this interim final rule has no
                                                  submitted and reviewed by the                           obligations.
                                                                                                             (4) These regulatory changes do not                substantial direct effect on the States, on
                                                  Department before title is transferred.                                                                       the relationship between the national
                                                  The rule also continues the practice of                 raise novel legal or policy issues
                                                                                                          because the regulations do not                        government and the States, or on the
                                                  requiring the elimination of any legal                                                                        distribution of power and
                                                  claims, including but not limited to                    substantively change the acquisition of
                                                                                                          land from unrestricted fee status to trust            responsibilities among the various
                                                  liens, mortgages, and taxes, determined                                                                       levels of government. This rule removes
                                                  by the Secretary to make title                          status.
                                                                                                                                                                the requirement for title evidence to
                                                  unmarketable, prior to acceptance in                    B. Regulatory Flexibility Act                         comply with DOJ standards and
                                                  trust. Finally, the rule continues the                    The Department of the Interior                      replaces this requirement with a more
                                                  requirement for the Bureau of Indian                    certifies that this document will not                 targeted requirement for title evidence;
                                                  Affairs (BIA) to complete a Certificate of              have a significant economic effect on a               it does not affect States or the
                                                  Inspection and Possession prior to trust                substantial number of small entities                  relationship with States in any way.
                                                  transfer.                                               under the Regulatory Flexibility Act (5
                                                     This rule will apply to all trust                                                                          G. Civil Justice Reform (E.O. 12988)
                                                                                                          U.S.C. 601 et seq.). It does not change
                                                  applications submitted after the                        current funding requirements or                          This interim final rule complies with
                                                  effective date. This rule will also apply               regulate small entities.                              the requirements of Executive Order
                                                  to trust applications that are pending                                                                        12988. Specifically, this rule has been
                                                  and for which the Preliminary Title                     C. Small Business Regulatory                          reviewed to eliminate errors and
                                                  Opinion has not yet been prepared by                    Enforcement Fairness Act                              ambiguity and written to minimize
                                                  the Office of the Solicitor as of the                     This interim final rule is not a major              litigation; and is written in clear
                                                  effective date. However, if applicants                  rule under 5 U.S.C. 804(2), the Small                 language and contains clear legal
                                                  have already submitted evidence                         Business Regulatory Enforcement                       standards.
                                                  meeting the DOJ Title Standards, they                   Fairness Act. It will not result in the
                                                                                                                                                                H. Consultation With Indian Tribes
                                                  need not re-submit evidence pursuant to                 expenditure by State, local, or Tribal
                                                                                                                                                                (E.O. 13175)
                                                  this rule. This rule will not apply to                  governments, in the aggregate, or by the
                                                  trust applications that are pending and                 private sector of $100 million or more                   In accordance with the President’s
                                                  for which the Preliminary Title Opinion                 in any one year. The rule will not result             memorandum of April 29, 1994,
                                                  has already been prepared by the Office                 in a major increase in costs or prices for            ‘‘Government-to-Government Relations
                                                  of the Solicitor as of the effective date.              consumers, individual industries,                     with Native American Tribal
                                                     BIA plans to update its fee-to-trust                 Federal, State, or local government                   Governments,’’ Executive Order 13175
                                                  handbook to address the new rule.                       agencies, or geographic regions. Nor will             (59 FR 22951, November 6, 2000), and
                                                                                                          this rule have significant adverse effects            512 DM 2, we have evaluated the
                                                  III. Procedural Requirements                            on competition, employment,                           potential effects on federally recognized
                                                  A. Regulatory Planning and Review                       investment, productivity, innovation, or              Indian Tribes and Indian trust assets
                                                  (E.O. 12866)                                            the ability of the U.S.-based enterprises             and have determined there is no
                                                                                                          to compete with foreign-based                         ‘‘substantial direct effect’’ on Tribes, on
                                                    This interim final rule is not a                      enterprises. This rule removes the                    the relationship between the Federal
                                                  significant rule and the Office of                      requirement for title evidence to comply              Government and Tribes, or on the
                                                  Management and Budget has not                           with DOJ standards and replaces this                  distribution of power and
                                                  reviewed this rule under Executive                      requirement with a more targeted                      responsibilities between the Federal
                                                  Order 12866. This rule clarifies the                    requirement for title evidence; it will               Government and Indian tribes. The rule
                                                  standard of title evidence for                          not result in additional expenditures by              will affect Tribes who apply to take land
                                                  acquisitions of trust land by the                       any entity.                                           into trust, in that the rule removes
                                                  Secretary of the Interior, and will not                                                                       unnecessary submissions of
                                                  have any economic effects or raise any                  D. Unfunded Mandates Reform Act                       documentation. However, the rule does
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                                                  novel issues.                                             This interim final rule does not                    not have a substantial direct effect on
                                                    (1) This rule will not have an effect of              impose an unfunded mandate on State,                  Tribes because Tribes can still submit
                                                  $100 million or more on the economy or                  local, or tribal governments or the                   evidence meeting the DOJ title
                                                  adversely affect in a material way the                  private sector of more than $100 million              standards should they so choose and
                                                  economy, productivity, competition,                     per year. The rule does not have a                    allowing the option of submitting a past
                                                  jobs, the environment, public health or                 significant or unique effect on State,                title insurance policy and an abstract of
                                                  safety, or State, local, or tribal                      local, or tribal governments or the                   title is intended to be less burdensome
                                                  governments or communities.                             private sector. A statement containing                than the existing rule. The Department


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                                                                      Federal Register / Vol. 81, No. 40 / Tuesday, March 1, 2016 / Rules and Regulations                                               10479

                                                  is committed to meaningful consultation                 N. Public Availability of Comments                    § 151.13    Title review.
                                                  with Tribes on substantive matters that                                                                          (a) If the Secretary determines that she
                                                                                                            Before including your address, phone
                                                  have a substantial direct effect on                                                                           will approve a request for the
                                                  Tribes, in accordance with E.O. 13175                   number, email address, or other
                                                                                                          personal identifying information in your              acquisition of land from unrestricted fee
                                                  and the Department of the Interior                                                                            status to trust status, she shall require
                                                  Policy on Consultation with Indian                      comment, you should be aware that
                                                                                                          your entire comment—including your                    the applicant to furnish title evidence as
                                                  Tribes.                                                                                                       follows:
                                                                                                          personal identifying information—may
                                                  I. Paperwork Reduction Act                              be made publicly available at any time.                  (1) Written evidence of the applicant’s
                                                                                                          While you can ask us in your comment                  title or that title will be transferred to
                                                     This information collection for trust                                                                      the United States on behalf of the
                                                  land applications is authorized by OMB                  to withhold your personal identifying
                                                                                                          information from public review, we                    applicant to complete the acquisition in
                                                  Control Number 1076–0100, with an                                                                             trust; and
                                                  expiration of 08/31/16. The elimination                 cannot guarantee that we will be able to
                                                                                                          do so.                                                   (2) Written evidence of how title was
                                                  of the requirement to comply with DOJ                                                                         acquired by the applicant or current
                                                  standards is not expected to have a                     O. Required Determinations Under the                  owner; and
                                                  quantifiable effect on the hour burden                  Administrative Procedure Act                             (3) Either:
                                                  estimate for the information collection,                                                                         (i) A current title insurance
                                                  but BIA will review whether its current                    We are publishing this interim final
                                                                                                                                                                commitment; or
                                                  estimates are affected by this change at                rule with a request for comment without
                                                                                                                                                                   (ii) The policy of title insurance
                                                  the next renewal.                                       prior notice and comment, as allowed
                                                                                                                                                                issued at the time of the applicant’s or
                                                                                                          under 5 U.S.C. 553(b)(B). Under section
                                                  J. National Environmental Policy Act                                                                          current owner’s acquisition of the land
                                                                                                          553(b)(B), we find that prior notice and
                                                     This interim final rule does not                                                                           and an abstract of title dating from the
                                                                                                          comment are unnecessary because this
                                                  constitute a major Federal action                                                                             time the land was acquired by the
                                                                                                          is a minor, technical action that
                                                  significantly affecting the quality of the                                                                    applicant or current owner.
                                                                                                          eliminates an unnecessary requirement.
                                                  human environment.                                                                                               (b) After reviewing submitted title
                                                                                                          This rule removes the unnecessary
                                                                                                                                                                evidence, the Secretary shall notify the
                                                  K. Information Quality Act                              requirement that the title evidence the
                                                                                                                                                                applicant of any liens, encumbrances, or
                                                                                                          applicant submits must comply with
                                                    In developing this interim final rule                                                                       infirmities that the Secretary identified
                                                                                                          DOJ standards for title evidence. Delay
                                                  we did not conduct or use a study,                                                                            and may seek additional information
                                                                                                          in publishing this rule would
                                                  experiment, or survey requiring peer                                                                          from the applicant needed to address
                                                                                                          unnecessarily continue imposing the
                                                  review under the Information Quality                                                                          such issues. The Secretary may require
                                                                                                          unnecessary requirement on applicants
                                                  Act (Pub. L. 106–554).                                                                                        the elimination of any such liens,
                                                                                                          and would therefore be contrary to the
                                                                                                                                                                encumbrances, or infirmities prior to
                                                  L. Effects on the Energy Supply (E.O.                   public interest.
                                                                                                                                                                taking final approval action on the
                                                  13211)                                                     We have requested comments on this                 acquisition, and she shall require
                                                     This interim final rule is not a                     interim final rule. We will review any                elimination prior to such approval if she
                                                  significant energy action under the                     comments received and if we receive                   determines that the liens, encumbrances
                                                  definition in Executive Order 13211. A                  significant adverse comments, we will                 or infirmities make title to the land
                                                  Statement of Energy Effects is not                      by a future publication in the Federal                unmarketable.
                                                  required.                                               Register, initiate a proposed rulemaking
                                                                                                          or revise or withdraw this rule.                        Dated: February 23, 2016.
                                                  M. Clarity of This Regulation                                                                                 Lawrence S. Roberts,
                                                                                                          List of Subjects in 25 CFR Part 151                   Acting Assistant Secretary—Indian Affairs.
                                                     We are required by Executive Orders
                                                  12866 and 12988 and by the                                Indians—lands, Reporting and                        [FR Doc. 2016–04332 Filed 2–29–16; 8:45 am]
                                                  Presidential Memorandum of June 1,                      recordkeeping requirements.                           BILLING CODE 4337–15–P
                                                  1998, to write all rules in plain                         For the reasons given in the preamble,
                                                  language. This means that each rule we                  the Department of the Interior amends
                                                  publish must:                                           25 CFR part 151 as follows:                           DEPARTMENT OF THE TREASURY
                                                     (a) Be logically organized;
                                                     (b) Use the active voice to address                  PART 151—LAND ACQUISITIONS                            Internal Revenue Service
                                                  readers directly;
                                                     (c) Use clear language rather than                   ■ 1. The authority citation for part 151              26 CFR Part 301
                                                  jargon;                                                 continues to read as follows:
                                                     (d) Be divided into short sections and                                                                     [TD 9756]
                                                  sentences; and                                            Authority: R.S. 161: 5 U.S.C. 301. Interpret
                                                                                                          or apply 46 Stat. 1106, as amended; 46                RIN 1545–AX46
                                                     (e) Use lists and tables wherever
                                                  possible.                                               Stat.1471, as amended; 48 Stat. 985, as
                                                                                                          amended; 49 Stat. 1967, as amended, 53 Stat.          Regulations Under IRC Section 7430
                                                     If you feel that we have not met these
                                                                                                          1129; 63 Stat. 605; 69 Stat. 392, as amended;         Relating to Awards of Administrative
                                                  requirements, send us comments by one                   70 Stat. 290, as amended; 70 Stat. 626; 75            Costs and Attorneys’ Fees
                                                  of the methods listed in the                            Stat. 505; 77 Stat. 349; 78 Stat. 389; 78 Stat.
                                                  ‘‘COMMENTS’’ section. To better help                    747; 82 Stat. 174, as amended, 82 Stat. 884;          AGENCY:  Internal Revenue Service (IRS),
asabaliauskas on DSK5VPTVN1PROD with RULES




                                                  us revise the rule, your comments                       84 Stat. 120; 84 Stat. 1874; 86 Stat. 216; 86         Treasury.
                                                  should be as specific as possible. For                  Stat. 530; 86 Stat. 744; 88 Stat. 78; 88 Stat.        ACTION: Final regulations.
                                                  example, you should tell us the                         81; 88 Stat. 1716; 88 Stat. 2203; 88 Stat. 2207;
                                                  numbers of the sections or paragraphs                   25 U.S.C. 2, 9, 409a, 450h, 451, 464, 465, 487,       SUMMARY:   This document contains final
                                                  that are unclearly written, which                       488, 489, 501, 502, 573, 574, 576, 608, 608a,         regulations relating to awards of
                                                                                                          610, 610a, 622, 624, 640d–10, 1466, 1495,
                                                  sections or sentences are too long, the                                                                       administrative costs and attorneys’ fees.
                                                                                                          and other authorizing acts.
                                                  sections where you believe lists or                                                                           The final regulations conform the
                                                  tables would be useful, etc.                            ■   2. Revise § 151.13 to read as follows:            regulations to the amendments made in


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Document Created: 2018-02-02 15:00:14
Document Modified: 2018-02-02 15:00:14
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionInterim final rule with request for comments.
DatesComments on this rule must be received by March 31, 2016. This rule will become effective without further action on April 15, 2016.
ContactElizabeth Appel, Director, Office of Regulatory Affairs and Collaborative Action, Office of the Assistant Secretary--Indian Affairs; telephone (202) 273-4680, [email protected]
FR Citation81 FR 10477 
RIN Number1076-AF28
CFR AssociatedIndians-Lands and Reporting and Recordkeeping Requirements

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