II
Calendar No. 590
117th CONGRESS
2d Session
S. 3381
[Report No. 117–232]
IN THE SENATE OF THE UNITED STATES
December 14, 2021
Mr. Thune (for himself, Ms. Smith, Mr. Rounds, Mr. Tester, and Ms. Lummis) introduced the following bill; which was read twice and referred to the Committee on Indian Affairs
December 6, 2022
Reported by Mr. Schatz, without amendment
A BILL
To require the Bureau of Indian Affairs to process and complete all mortgage packages associated with residential and business mortgages on Indian land by certain deadlines, and for other purposes.
Short title
This Act may be cited as the Tribal Trust Land Homeownership Act of 2021
.
Definitions
In this Act:
Applicable Bureau office
The term applicable Bureau office means—
a Regional office of the Bureau;
an Agency office of the Bureau; or
a Land Titles and Records Office of the Bureau.
Bureau
The term Bureau means the Bureau of Indian Affairs.
Director
The term Director means the Director of the Bureau.
First certified title status report
The term first certified title status report means the title status report needed to verify title status on Indian land.
Indian land
The term Indian land has the meaning given the term in section 162.003 of title 25, Code of Federal Regulations (as in effect on the date of enactment of this Act).
Land mortgage
The term land mortgage means a mortgage obtained by an individual Indian who owns a tract of trust land for the purpose of—
home acquisition;
home construction;
home improvements; or
economic development.
Leasehold mortgage
The term leasehold mortgage means a mortgage, deed of trust, or other instrument that pledges the leasehold interest of a lessee as security for a debt or other obligation owed by the lessee to a lender or other mortgagee.
Mortgage package
The term mortgage package means a proposed residential leasehold mortgage, business leasehold mortgage, land mortgage, or right-of-way document submitted to an applicable Bureau office under section 3(a)(1).
Relevant Federal agency
The term relevant Federal agency means any of the following Federal agencies that guarantee or make direct mortgage loans on Indian land:
The Department of Agriculture.
The Department of Housing and Urban Development.
The Department of Veterans Affairs.
Right-of-way document
The term right-of-way document has the meaning given the term in section 169.2 of title 25, Code of Federal Regulations (as in effect on the date of enactment of this Act).
Subsequent certified title status report
The term subsequent certified title status report means the title status report needed to identify any liens against a residential, business, or land lease on Indian land.
Mortgage review and processing
Review and processing deadlines
In general
As soon as practicable after receiving a proposed residential leasehold mortgage, business leasehold mortgage, land mortgage, or right-of-way document, the applicable Bureau office shall notify the lender that the proposed residential leasehold mortgage, business leasehold mortgage, or right-of-way document has been received.
Preliminary review
In general
Not later than 10 calendar days after receipt of a proposed residential leasehold mortgage, business leasehold mortgage, land mortgage, or right-of-way document, the applicable Bureau office shall conduct and complete a preliminary review of the residential leasehold mortgage, business leasehold mortgage, land mortgage, or right-of-way document to verify that all required documents are included.
Incomplete documents
As soon as practicable, but not more than 2 calendar days, after finding that any required documents are missing under subparagraph (A), the applicable Bureau office shall notify the lender of the missing documents.
Approval or disapproval
Leasehold mortgages
Not later than 20 calendar days after receipt of a complete executed residential leasehold mortgage or business leasehold mortgage, proof of required consents, and other required documentation, the applicable Bureau office shall approve or disapprove the residential leasehold mortgage or business leasehold mortgage.
Right-of-way documents
Not later than 30 calendar days after receipt of a complete executed right-of-way document, proof of required consents, and other required documentation, the applicable Bureau office shall approve or disapprove the right-of-way document.
Land Mortgages
Not later than 30 calendar days after receipt of a complete executed land mortgage, proof of required consents, and other required documentation, the applicable Bureau office shall approve or disapprove the land mortgage.
Requirements
The determination of whether to approve or disapprove a residential leasehold mortgage or business leasehold mortgage under subparagraph (A), a right-of-way document under subparagraph (B), or a land mortgage under subparagraph (C)—
shall be in writing; and
in the case of a determination to disapprove a residential leasehold mortgage, business leasehold mortgage, right-of-way document, or land mortgage shall, state the basis for the determination.
Application
This paragraph shall not apply to a residential leasehold mortgage or business leasehold mortgage with respect to Indian land in cases in which the applicant for the residential leasehold mortgage or business leasehold mortgage is an Indian tribe (as defined in subsection (d) of the first section of the Act of 1955 (69 Stat. 539, chapter 615; 126 Stat. 1150; 25 U.S.C. 415(d))) that has been approved for leasing under subsection (h) of that section (69 Stat. 539, chapter 615; 126 Stat. 1151; 25 U.S.C. 415(h)).
Certified title status reports
Completion of reports
In general
Not later than 10 calendar days after the applicable Bureau office approves a residential leasehold mortgage, business leasehold mortgage, land mortgage, or right-of-way document under paragraph (3), the applicable Bureau office shall complete the processing of, as applicable—
a first certified title status report, if a first certified title status report was not completed prior to the approval of the residential leasehold mortgage, business leasehold mortgage, land mortgage, or right-of-way document; and
a subsequent certified title status report.
Requests for first certified title status reports
Notwithstanding clause (i), not later than 14 calendar days after the applicable Bureau office receives a request for a first certified title status report from an applicant for a residential leasehold mortgage, business leasehold mortgage, land mortgage, or right-of-way document under paragraph (1), the applicable Bureau office shall complete the processing of the first certified title status report.
Notice
In general
As soon as practicable after completion of the processing of, as applicable, a first certified title status report or a subsequent certified title status report under subparagraph (A), but by not later than the applicable deadline described in that subparagraph, the applicable Bureau office shall give notice of the completion to the lender.
Form of notice
The applicable Bureau office shall give notice under clause (i)—
electronically through secure, encryption software; and
through the United States mail.
Option to opt out
The lender may opt out of receiving notice electronically under clause (ii)(I).
Notices
In general
If the applicable Bureau office does not complete the review and processing of mortgage packages under subsection (a) (including any corresponding first certified title status report or subsequent certified title status report under paragraph (4) of that subsection) by the applicable deadline described in that subsection, immediately after missing the deadline, the applicable Bureau office shall provide notice of the delay in review and processing to—
the party that submitted the mortgage package or requested the first certified title status report; and
the lender for which the mortgage package (including any corresponding first certified title status report or subsequent certified title status report) is being requested.
Requests for updates
In addition to providing the notices required under paragraph (1), not later than 2 calendar days after receiving a relevant inquiry with respect to a submitted mortgage package from the party that submitted the mortgage package or the lender for which the mortgage package (including any corresponding first certified title status report or subsequent certified title status report) is being requested or an inquiry with respect to a requested first certified title status report from the party that requested the first certified title status report, the applicable Bureau office shall respond to the inquiry.
Delivery of first and subsequent certified title status reports
Notwithstanding any other provision of law, any first certified title status report and any subsequent certified title status report, as applicable, shall be delivered directly to—
the lender;
any local or regional agency office of the Bureau that requests the first certified title status report or subsequent certified title status report;
in the case of a proposed residential leasehold mortgage or land mortgage, the relevant Federal agency that insures or guarantees the loan; and
if requested, any individual or entity described in section 150.303 of title 25, Code of Federal Regulations (as in effect on the date of enactment of this Act).
Access to trust asset and accounting management system
Beginning on the date of enactment of this Act, the relevant Federal agencies and Indian Tribes shall have read-only access to the Trust Asset and Accounting Management System maintained by the Bureau.
Annual report
In general
Not later than March 1 of each calendar year, the Director shall submit to the Committee on Indian Affairs of the Senate and the Committee on Natural Resources of the House of Representatives a report describing—
for the most recent calendar year, the number of requests received to complete residential leasehold mortgage packages, business leasehold mortgage packages, land mortgage packages, and right-of-way document packages (including any requests for corresponding first certified title status reports and subsequent certified title status reports), including a detailed description of—
requests that were and were not successfully completed by the applicable deadline described in subsection (a) by each applicable Bureau office; and
the reasons for each applicable Bureau office not meeting any applicable deadlines; and
the length of time needed by each applicable Bureau office during the most recent calendar year to provide the notices required under subsection (b)(1).
Requirement
In submitting the report required under paragraph (1), the Director shall maintain the confidentiality of personally identifiable information of the parties involved in requesting the completion of residential leasehold mortgage packages, business leasehold mortgage packages, land mortgage packages, and right-of-way document packages (including any corresponding first certified title status reports and subsequent certified title status reports).
GAO study
Not later than 1 year after the date of enactment of this Act, the Comptroller General of the United States shall submit to the Committee on Indian Affairs of the Senate and the Committee on Natural Resources of the House of Representatives a report that includes—
an evaluation of the need for residential leasehold mortgage packages, business leasehold mortgage packages, land mortgage packages, and right-of-way document packages of each Indian Tribe to be digitized for the purpose of streamlining and expediting the completion of mortgage packages for residential mortgages on Indian land (including the corresponding first certified title status reports and subsequent certified title status reports); and
an estimate of the time and total cost necessary for Indian Tribes to digitize the records described in paragraph (1), in conjunction with assistance in that digitization from the Bureau.
Establishment of Realty Ombudsman position
In general
The Director shall establish within the Division of Real Estate Services of the Bureau the position of Realty Ombudsman, who shall report directly to the Secretary of the Interior.
Functions
The Realty Ombudsman shall—
ensure that the applicable Bureau offices are meeting the mortgage review and processing deadlines established by section 3(a);
ensure that the applicable Bureau offices comply with the notices required under subsections (a) and (b) of section 3;
serve as a liaison to other Federal agencies, including by—
ensuring the Bureau is responsive to all of the inquiries from the relevant Federal agencies; and
helping to facilitate communications between the relevant Federal agencies and the Bureau on matters relating to mortgages on Indian land;
receive inquiries, questions, and complaints directly from Indian Tribes, members of Indian Tribes, and lenders in regard to executed residential leasehold mortgages, business leasehold mortgages, land mortgages, or right-of-way documents; and
serve as the intermediary between the Indian Tribes, members of Indian Tribes, and lenders and the Bureau in responding to inquiries and questions and resolving complaints.
December 6, 2022
Reported without amendment
