§ 150.201. What is recorded in the record of title?

271 words·~1 min read·/us/cfr/t25/s§ 150.201·

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(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.

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