II 

Calendar No. 79 

118TH CONGRESS 

1ST SESSION S. 70 

[Report No. 118–33] 

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. 

IN THE SENATE OF THE UNITED STATES 

JANUARY 25, 2023 

Mr. THUNE (for himself, Ms. SMITH, Mr. ROUNDS, Mr. TESTER, Ms. LUMMIS, and Mr. LUJA ́N) introduced the following bill; which was read twice 

and referred to the Committee on Indian Affairs 

MAY 30, 2023 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 


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1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Tribal Trust Land 

3 Homeownership Act of 2023’’. 

4 SEC. 2. DEFINITIONS. 

5 In this Act: 

6 (1) APPLICABLE BUREAU OFFICE.—The term 

7 ‘‘applicable Bureau office’’ means— 

8 (A) a Regional office of the Bureau; 

9 (B) an Agency office of the Bureau; or 

10 (C) a Land Titles and Records Office of 

11 the Bureau. 

12 (2) BUREAU.—The term ‘‘Bureau’’ means the 

13 Bureau of Indian Affairs. 

14 (3) DIRECTOR.—The term ‘‘Director’’ means 

15 the Director of the Bureau. 

16 (4) FIRST CERTIFIED TITLE STATUS REPORT.— 

17 The term ‘‘first certified title status report’’ means 

18 the title status report needed to verify title status on 

19 Indian land. 

20 (5) INDIAN LAND.—The term ‘‘Indian land’’ 

21 has the meaning given the term in section 162.003 

22 of title 25, Code of Federal Regulations (as in effect 

23 on the date of enactment of this Act). 

24 (6) LAND MORTGAGE.—The term ‘‘land mort25 gage’’ means a mortgage obtained by an individual 


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1 Indian who owns a tract of trust land for the pur2 pose of— 

3 (A) home acquisition; 

4 (B) home construction; 

5 (C) home improvements; or 

6 (D) economic development. 

7 (7) LEASEHOLD MORTGAGE.—The term ‘‘lease8 hold mortgage’’ means a mortgage, deed of trust, or 

9 other instrument that pledges the leasehold interest 

10 of a lessee as security for a debt or other obligation 

11 owed by the lessee to a lender or other mortgagee. 

12 (8) MORTGAGE PACKAGE.—The term ‘‘mort13 gage package’’ means a proposed residential lease14 hold mortgage, business leasehold mortgage, land 

15 mortgage, or right-of-way document submitted to an 

16 applicable Bureau office under section 3(a)(1). 

17 (9) RELEVANT FEDERAL AGENCY.—The term 

18 ‘‘relevant Federal agency’’ means any of the fol19 lowing Federal agencies that guarantee or make di20 rect mortgage loans on Indian land: 

21 (A) The Department of Agriculture. 

22 (B) The Department of Housing and 

23 Urban Development. 

24 (C) The Department of Veterans Affairs. 


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1 (10) RIGHT-OF-WAY DOCUMENT.—The term 

2 ‘‘right-of-way document’’ has the meaning given the 

3 term in section 169.2 of title 25, Code of Federal 

4 Regulations (as in effect on the date of enactment 

5 of this Act). 

6 (11) SUBSEQUENT CERTIFIED TITLE STATUS

7 REPORT.—The term ‘‘subsequent certified title sta8 tus report’’ means the title status report needed to 

9 identify any liens against a residential, business, or 

10 land lease on Indian land. 

11 SEC. 3. MORTGAGE REVIEW AND PROCESSING. 

12 (a) REVIEW AND PROCESSING DEADLINES.— 

13 (1) IN GENERAL.—As soon as practicable after 

14 receiving a proposed residential leasehold mortgage, 

15 business leasehold mortgage, land mortgage, or 

16 right-of-way document, the applicable Bureau office 

17 shall notify the lender that the proposed residential 

18 leasehold mortgage, business leasehold mortgage, or 

19 right-of-way document has been received. 

20 (2) PRELIMINARY REVIEW.— 

21 (A) IN GENERAL.—Not later than 10 cal22 endar days after receipt of a proposed residen23 tial leasehold mortgage, business leasehold 

24 mortgage, land mortgage, or right-of-way docu25 ment, the applicable Bureau office shall conduct 


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1 and complete a preliminary review of the resi2 dential leasehold mortgage, business leasehold 

3 mortgage, land mortgage, or right-of-way docu4 ment to verify that all required documents are 

5 included. 

6 (B) INCOMPLETE DOCUMENTS.—As soon 

7 as practicable, but not more than 2 calendar 

8 days, after finding that any required documents 

9 are missing under subparagraph (A), the appli10 cable Bureau office shall notify the lender of 

11 the missing documents. 

12 (3) APPROVAL OR DISAPPROVAL.— 

13 (A) LEASEHOLD MORTGAGES.—Not later 

14 than 20 calendar days after receipt of a com15 plete executed residential leasehold mortgage or 

16 business leasehold mortgage, proof of required 

17 consents, and other required documentation, the 

18 applicable Bureau office shall approve or dis19 approve the residential leasehold mortgage or 

20 business leasehold mortgage. 

21 (B) RIGHT-OF-WAY DOCUMENTS.—Not 

22 later than 30 calendar days after receipt of a 

23 complete executed right-of-way document, proof 

24 of required consents, and other required docu25 mentation, the applicable Bureau office shall 


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1 approve or disapprove the right-of-way docu2 ment. 

3 (C) LAND MORTGAGES.—Not later than 30 

4 calendar days after receipt of a complete exe5 cuted land mortgage, proof of required con6 sents, and other required documentation, the 

7 applicable Bureau office shall approve or dis8 approve the land mortgage. 

9 (D) REQUIREMENTS.—The determination 

10 of whether to approve or disapprove a residen11 tial leasehold mortgage or business leasehold 

12 mortgage under subparagraph (A), a right-of13 way document under subparagraph (B), or a 

14 land mortgage under subparagraph (C)— 

15 (i) shall be in writing; and 

16 (ii) in the case of a determination to 

17 disapprove a residential leasehold mort18 gage, business leasehold mortgage, right19 of-way document, or land mortgage shall, 

20 state the basis for the determination. 

21 (E) APPLICATION.—This paragraph shall 

22 not apply to a residential leasehold mortgage or 

23 business leasehold mortgage with respect to In24 dian land in cases in which the applicant for 

25 the residential leasehold mortgage or business 


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1 leasehold mortgage is an Indian tribe (as de2 fined in subsection (d) of the first section of the 

3 Act of 1955 (69 Stat. 539, chapter 615; 126 

4 Stat. 1150; 25 U.S.C. 415(d))) that has been 

5 approved for leasing under subsection (h) of 

6 that section (69 Stat. 539, chapter 615; 126 

7 Stat. 1151; 25 U.S.C. 415(h)). 

8 (4) CERTIFIED TITLE STATUS REPORTS.— 

9 (A) COMPLETION OF REPORTS.— 

10 (i) IN GENERAL.—Not later than 10 

11 calendar days after the applicable Bureau 

12 office approves a residential leasehold 

13 mortgage, business leasehold mortgage, 

14 land mortgage, or right-of-way document 

15 under paragraph (3), the applicable Bu16 reau office shall complete the processing 

17 of, as applicable— 

18 (I) a first certified title status re19 port, if a first certified title status re20 port was not completed prior to the 

21 approval of the residential leasehold 

22 mortgage, business leasehold mort23 gage, land mortgage, or right-of-way 

24 document; and 


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1 (II) a subsequent certified title 

2 status report. 

3 (ii) REQUESTS FOR FIRST CERTIFIED

4 TITLE STATUS REPORTS.—Notwith5 standing clause (i), not later than 14 cal6 endar days after the applicable Bureau of7 fice receives a request for a first certified 

8 title status report from an applicant for a 

9 residential leasehold mortgage, business 

10 leasehold mortgage, land mortgage, or 

11 right-of-way document under paragraph 

12 (1), the applicable Bureau office shall com13 plete the processing of the first certified 

14 title status report. 

15 (B) NOTICE.— 

16 (i) IN GENERAL.—As soon as prac17 ticable after completion of the processing 

18 of, as applicable, a first certified title sta19 tus report or a subsequent certified title 

20 status report under subparagraph (A), but 

21 by not later than the applicable deadline 

22 described in that subparagraph, the appli23 cable Bureau office shall give notice of the 

24 completion to the lender. 


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1 (ii) FORM OF NOTICE.—The applica2 ble Bureau office shall give notice under 

3 clause (i)— 

4 (I) electronically through secure, 

5 encryption software; and 

6 (II) through the United States 

7 mail. 

8 (iii) OPTION TO OPT OUT.—The lend9 er may opt out of receiving notice elec10 tronically under clause (ii)(I). 

11 (b) NOTICES.— 

12 (1) IN GENERAL.—If the applicable Bureau of13 fice does not complete the review and processing of 

14 mortgage packages under subsection (a) (including 

15 any corresponding first certified title status report 

16 or subsequent certified title status report under 

17 paragraph (4) of that subsection) by the applicable 

18 deadline described in that subsection, immediately 

19 after missing the deadline, the applicable Bureau of20 fice shall provide notice of the delay in review and 

21 processing to— 

22 (A) the party that submitted the mortgage 

23 package or requested the first certified title sta24 tus report; and 


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1 (B) the lender for which the mortgage 

2 package (including any corresponding first cer3 tified title status report or subsequent certified 

4 title status report) is being requested. 

5 (2) REQUESTS FOR UPDATES.—In addition to 

6 providing the notices required under paragraph (1), 

7 not later than 2 calendar days after receiving a rel8 evant inquiry with respect to a submitted mortgage 

9 package from the party that submitted the mortgage 

10 package or the lender for which the mortgage pack11 age (including any corresponding first certified title 

12 status report or subsequent certified title status re13 port) is being requested or an inquiry with respect 

14 to a requested first certified title status report from 

15 the party that requested the first certified title sta16 tus report, the applicable Bureau office shall re17 spond to the inquiry. 

18 (c) DELIVERY OF FIRST AND SUBSEQUENT CER19 TIFIED TITLE STATUS REPORTS.—Notwithstanding any 

20 other provision of law, any first certified title status report 

21 and any subsequent certified title status report, as appli22 cable, shall be delivered directly to— 

23 (1) the lender; 


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1 (2) any local or regional agency office of the 

2 Bureau that requests the first certified title status 

3 report or subsequent certified title status report; 

4 (3) in the case of a proposed residential lease5 hold mortgage or land mortgage, the relevant Fed6 eral agency that insures or guarantees the loan; and 

7 (4) if requested, any individual or entity de8 scribed in section 150.303 of title 25, Code of Fed9 eral Regulations (as in effect on the date of enact10 ment of this Act). 

11 (d) ACCESS TO TRUST ASSET AND ACCOUNTING

12 MANAGEMENT SYSTEM.—Beginning on the date of enact13 ment of this Act, the relevant Federal agencies and Indian 

14 Tribes shall have read-only access to the Trust Asset and 

15 Accounting Management System maintained by the Bu16 reau. 

17 (e) ANNUAL REPORT.— 

18 (1) IN GENERAL.—Not later than March 1 of 

19 each calendar year, the Director shall submit to the 

20 Committee on Indian Affairs of the Senate and the 

21 Committee on Natural Resources of the House of 

22 Representatives a report describing— 

23 (A) for the most recent calendar year, the 

24 number of requests received to complete resi25 dential leasehold mortgage packages, business 


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1 leasehold mortgage packages, land mortgage 

2 packages, and right-of-way document packages 

3 (including any requests for corresponding first 

4 certified title status reports and subsequent cer5 tified title status reports), including a detailed 

6 description of— 

7 (i) requests that were and were not 

8 successfully completed by the applicable 

9 deadline described in subsection (a) by 

10 each applicable Bureau office; and 

11 (ii) the reasons for each applicable 

12 Bureau office not meeting any applicable 

13 deadlines; and 

14 (B) the length of time needed by each ap15 plicable Bureau office during the most recent 

16 calendar year to provide the notices required 

17 under subsection (b)(1). 

18 (2) REQUIREMENT.—In submitting the report 

19 required under paragraph (1), the Director shall 

20 maintain the confidentiality of personally identifiable 

21 information of the parties involved in requesting the 

22 completion of residential leasehold mortgage pack23 ages, business leasehold mortgage packages, land 

24 mortgage packages, and right-of-way document 

25 packages (including any corresponding first certified 


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1 title status reports and subsequent certified title sta2 tus reports). 

3 (f) GAO STUDY.—Not later than 1 year after the 

4 date of enactment of this Act, the Comptroller General 

5 of the United States shall submit to the Committee on 

6 Indian Affairs of the Senate and the Committee on Nat7 ural Resources of the House of Representatives a report 

8 that includes— 

9 (1) an evaluation of the need for residential 

10 leasehold mortgage packages, business leasehold 

11 mortgage packages, land mortgage packages, and 

12 right-of-way document packages of each Indian 

13 Tribe to be digitized for the purpose of streamlining 

14 and expediting the completion of mortgage packages 

15 for residential mortgages on Indian land (including 

16 the corresponding first certified title status reports 

17 and subsequent certified title status reports); and 

18 (2) an estimate of the time and total cost nec19 essary for Indian Tribes to digitize the records de20 scribed in paragraph (1), in conjunction with assist21 ance in that digitization from the Bureau. 

22 SEC. 4. ESTABLISHMENT OF REALTY OMBUDSMAN POSI23 TION. 

24 (a) IN GENERAL.—The Director shall establish with25 in the Division of Real Estate Services of the Bureau the 


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1 position of Realty Ombudsman, who shall report directly 

2 to the Secretary of the Interior. 

3 (b) FUNCTIONS.—The Realty Ombudsman shall— 

4 (1) ensure that the applicable Bureau offices 

5 are meeting the mortgage review and processing 

6 deadlines established by section 3(a); 

7 (2) ensure that the applicable Bureau offices 

8 comply with the notices required under subsections 

9 (a) and (b) of section 3; 

10 (3) serve as a liaison to other Federal agencies, 

11 including by— 

12 (A) ensuring the Bureau is responsive to 

13 all of the inquiries from the relevant Federal 

14 agencies; and 

15 (B) helping to facilitate communications 

16 between the relevant Federal agencies and the 

17 Bureau on matters relating to mortgages on In18 dian land; 

19 (4) receive inquiries, questions, and complaints 

20 directly from Indian Tribes, members of Indian 

21 Tribes, and lenders in regard to executed residential 

22 leasehold mortgages, business leasehold mortgages, 

23 land mortgages, or right-of-way documents; and 

24 (5) serve as the intermediary between the In25 dian Tribes, members of Indian Tribes, and lenders 


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1 and the Bureau in responding to inquiries and ques2 tions and resolving complaints. 


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Calendar No. 79 

118TH CONGRESS 

1ST SESSION S. 70 

[Report No. 118–33] 

A BILL 

To require the Bureau of Indian Affairs to process 

poses. dian land by certain deadlines, and for other purwith residential and business mortgages on Inand complete all mortgage packages associated 

MAY 30, 2023 

Reported without amendment 


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