II 

118TH CONGRESS 

1ST SESSION S. 70 

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, and Mr. TESTER) introduced the following bill; which was read twice and referred to the Committee on Indian Affairs 

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, 

3 SECTION 1. SHORT TITLE. 

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

5 Homeownership Act of 2023’’. 

6 SEC. 2. DEFINITIONS. 

7 In this Act: 


kjohnson on DSK79L0C42PROD with BILLS
2 

•S 70 IS

1 (1) APPLICABLE BUREAU OFFICE.—The term 

2 ‘‘applicable Bureau office’’ means— 

3 (A) a Regional office of the Bureau; 

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

5 (C) a Land Titles and Records Office of 

6 the Bureau. 

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

8 Bureau of Indian Affairs. 

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

10 the Director of the Bureau. 

11 (4) FIRST CERTIFIED TITLE STATUS REPORT.— 

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

13 the title status report needed to verify title status on 

14 Indian land. 

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

16 has the meaning given the term in section 162.003 

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

18 on the date of enactment of this Act). 

19 (6) LAND MORTGAGE.—The term ‘‘land mort20 gage’’ means a mortgage obtained by an individual 

21 Indian who owns a tract of trust land for the pur22 pose of— 

23 (A) home acquisition; 

24 (B) home construction; 

25 (C) home improvements; or 


kjohnson on DSK79L0C42PROD with BILLS
3 

•S 70 IS

1 (D) economic development. 

2 (7) LEASEHOLD MORTGAGE.—The term ‘‘lease3 hold mortgage’’ means a mortgage, deed of trust, or 

4 other instrument that pledges the leasehold interest 

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

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

7 (8) MORTGAGE PACKAGE.—The term ‘‘mort8 gage package’’ means a proposed residential lease9 hold mortgage, business leasehold mortgage, land 

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

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

12 (9) RELEVANT FEDERAL AGENCY.—The term 

13 ‘‘relevant Federal agency’’ means any of the fol14 lowing Federal agencies that guarantee or make di15 rect mortgage loans on Indian land: 

16 (A) The Department of Agriculture. 

17 (B) The Department of Housing and 

18 Urban Development. 

19 (C) The Department of Veterans Affairs. 

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

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

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

23 Regulations (as in effect on the date of enactment 

24 of this Act). 


kjohnson on DSK79L0C42PROD with BILLS
4 

•S 70 IS

1 (11) SUBSEQUENT CERTIFIED TITLE STATUS

2 REPORT.—The term ‘‘subsequent certified title sta3 tus report’’ means the title status report needed to 

4 identify any liens against a residential, business, or 

5 land lease on Indian land. 

6 SEC. 3. MORTGAGE REVIEW AND PROCESSING. 

7 (a) REVIEW AND PROCESSING DEADLINES.— 

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

9 receiving a proposed residential leasehold mortgage, 

10 business leasehold mortgage, land mortgage, or 

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

12 shall notify the lender that the proposed residential 

13 leasehold mortgage, business leasehold mortgage, or 

14 right-of-way document has been received. 

15 (2) PRELIMINARY REVIEW.— 

16 (A) IN GENERAL.—Not later than 10 cal17 endar days after receipt of a proposed residen18 tial leasehold mortgage, business leasehold 

19 mortgage, land mortgage, or right-of-way docu20 ment, the applicable Bureau office shall conduct 

21 and complete a preliminary review of the resi22 dential leasehold mortgage, business leasehold 

23 mortgage, land mortgage, or right-of-way docu24 ment to verify that all required documents are 

25 included. 


kjohnson on DSK79L0C42PROD with BILLS
5 

•S 70 IS

1 (B) INCOMPLETE DOCUMENTS.—As soon 

2 as practicable, but not more than 2 calendar 

3 days, after finding that any required documents 

4 are missing under subparagraph (A), the appli5 cable Bureau office shall notify the lender of 

6 the missing documents. 

7 (3) APPROVAL OR DISAPPROVAL.— 

8 (A) LEASEHOLD MORTGAGES.—Not later 

9 than 20 calendar days after receipt of a com10 plete executed residential leasehold mortgage or 

11 business leasehold mortgage, proof of required 

12 consents, and other required documentation, the 

13 applicable Bureau office shall approve or dis14 approve the residential leasehold mortgage or 

15 business leasehold mortgage. 

16 (B) RIGHT-OF-WAY DOCUMENTS.—Not 

17 later than 30 calendar days after receipt of a 

18 complete executed right-of-way document, proof 

19 of required consents, and other required docu20 mentation, the applicable Bureau office shall 

21 approve or disapprove the right-of-way docu22 ment. 

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

24 calendar days after receipt of a complete exe25 cuted land mortgage, proof of required conVerDate Sep 11 2014 02:07 Jan 31, 2023 Jkt 039200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S70.IS S70

kjohnson on DSK79L0C42PROD with BILLS
6 

•S 70 IS

1 sents, and other required documentation, the 

2 applicable Bureau office shall approve or dis3 approve the land mortgage. 

4 (D) REQUIREMENTS.—The determination 

5 of whether to approve or disapprove a residen6 tial leasehold mortgage or business leasehold 

7 mortgage under subparagraph (A), a right-of8 way document under subparagraph (B), or a 

9 land mortgage under subparagraph (C)— 

10 (i) shall be in writing; and 

11 (ii) in the case of a determination to 

12 disapprove a residential leasehold mort13 gage, business leasehold mortgage, right14 of-way document, or land mortgage shall, 

15 state the basis for the determination. 

16 (E) APPLICATION.—This paragraph shall 

17 not apply to a residential leasehold mortgage or 

18 business leasehold mortgage with respect to In19 dian land in cases in which the applicant for 

20 the residential leasehold mortgage or business 

21 leasehold mortgage is an Indian tribe (as de22 fined in subsection (d) of the first section of the 

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

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

25 approved for leasing under subsection (h) of 


kjohnson on DSK79L0C42PROD with BILLS
7 

•S 70 IS

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

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

3 (4) CERTIFIED TITLE STATUS REPORTS.— 

4 (A) COMPLETION OF REPORTS.— 

5 (i) IN GENERAL.—Not later than 10 

6 calendar days after the applicable Bureau 

7 office approves a residential leasehold 

8 mortgage, business leasehold mortgage, 

9 land mortgage, or right-of-way document 

10 under paragraph (3), the applicable Bu11 reau office shall complete the processing 

12 of, as applicable— 

13 (I) a first certified title status re14 port, if a first certified title status re15 port was not completed prior to the 

16 approval of the residential leasehold 

17 mortgage, business leasehold mort18 gage, land mortgage, or right-of-way 

19 document; and 

20 (II) a subsequent certified title 

21 status report. 

22 (ii) REQUESTS FOR FIRST CERTIFIED

23 TITLE STATUS REPORTS.—Notwith24 standing clause (i), not later than 14 cal25 endar days after the applicable Bureau ofVerDate Sep 11 2014 02:07 Jan 31, 2023 Jkt 039200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\S70.IS S70

kjohnson on DSK79L0C42PROD with BILLS
8 

•S 70 IS

1 fice receives a request for a first certified 

2 title status report from an applicant for a 

3 residential leasehold mortgage, business 

4 leasehold mortgage, land mortgage, or 

5 right-of-way document under paragraph 

6 (1), the applicable Bureau office shall com7 plete the processing of the first certified 

8 title status report. 

9 (B) NOTICE.— 

10 (i) IN GENERAL.—As soon as prac11 ticable after completion of the processing 

12 of, as applicable, a first certified title sta13 tus report or a subsequent certified title 

14 status report under subparagraph (A), but 

15 by not later than the applicable deadline 

16 described in that subparagraph, the appli17 cable Bureau office shall give notice of the 

18 completion to the lender. 

19 (ii) FORM OF NOTICE.—The applica20 ble Bureau office shall give notice under 

21 clause (i)— 

22 (I) electronically through secure, 

23 encryption software; and 

24 (II) through the United States 

25 mail. 


kjohnson on DSK79L0C42PROD with BILLS
9 

•S 70 IS

1 (iii) OPTION TO OPT OUT.—The lend2 er may opt out of receiving notice elec3 tronically under clause (ii)(I). 

4 (b) NOTICES.— 

5 (1) IN GENERAL.—If the applicable Bureau of6 fice does not complete the review and processing of 

7 mortgage packages under subsection (a) (including 

8 any corresponding first certified title status report 

9 or subsequent certified title status report under 

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

11 deadline described in that subsection, immediately 

12 after missing the deadline, the applicable Bureau of13 fice shall provide notice of the delay in review and 

14 processing to— 

15 (A) the party that submitted the mortgage 

16 package or requested the first certified title sta17 tus report; and 

18 (B) the lender for which the mortgage 

19 package (including any corresponding first cer20 tified title status report or subsequent certified 

21 title status report) is being requested. 

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

23 providing the notices required under paragraph (1), 

24 not later than 2 calendar days after receiving a rel25 evant inquiry with respect to a submitted mortgage 


kjohnson on DSK79L0C42PROD with BILLS
10 

•S 70 IS

1 package from the party that submitted the mortgage 

2 package or the lender for which the mortgage pack3 age (including any corresponding first certified title 

4 status report or subsequent certified title status re5 port) is being requested or an inquiry with respect 

6 to a requested first certified title status report from 

7 the party that requested the first certified title sta8 tus report, the applicable Bureau office shall re9 spond to the inquiry. 

10 (c) DELIVERY OF FIRST AND SUBSEQUENT CER11 TIFIED TITLE STATUS REPORTS.—Notwithstanding any 

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

13 and any subsequent certified title status report, as appli14 cable, shall be delivered directly to— 

15 (1) the lender; 

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

17 Bureau that requests the first certified title status 

18 report or subsequent certified title status report; 

19 (3) in the case of a proposed residential lease20 hold mortgage or land mortgage, the relevant Fed21 eral agency that insures or guarantees the loan; and 

22 (4) if requested, any individual or entity de23 scribed in section 150.303 of title 25, Code of Fed24 eral Regulations (as in effect on the date of enact25 ment of this Act). 


kjohnson on DSK79L0C42PROD with BILLS
11 

•S 70 IS

1 (d) ACCESS TO TRUST ASSET AND ACCOUNTING

2 MANAGEMENT SYSTEM.—Beginning on the date of enact3 ment of this Act, the relevant Federal agencies and Indian 

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

5 Accounting Management System maintained by the Bu6 reau. 

7 (e) ANNUAL REPORT.— 

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

9 each calendar year, the Director shall submit to the 

10 Committee on Indian Affairs of the Senate and the 

11 Committee on Natural Resources of the House of 

12 Representatives a report describing— 

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

14 number of requests received to complete resi15 dential leasehold mortgage packages, business 

16 leasehold mortgage packages, land mortgage 

17 packages, and right-of-way document packages 

18 (including any requests for corresponding first 

19 certified title status reports and subsequent cer20 tified title status reports), including a detailed 

21 description of— 

22 (i) requests that were and were not 

23 successfully completed by the applicable 

24 deadline described in subsection (a) by 

25 each applicable Bureau office; and 


kjohnson on DSK79L0C42PROD with BILLS
12 

•S 70 IS

1 (ii) the reasons for each applicable 

2 Bureau office not meeting any applicable 

3 deadlines; and 

4 (B) the length of time needed by each ap5 plicable Bureau office during the most recent 

6 calendar year to provide the notices required 

7 under subsection (b)(1). 

8 (2) REQUIREMENT.—In submitting the report 

9 required under paragraph (1), the Director shall 

10 maintain the confidentiality of personally identifiable 

11 information of the parties involved in requesting the 

12 completion of residential leasehold mortgage pack13 ages, business leasehold mortgage packages, land 

14 mortgage packages, and right-of-way document 

15 packages (including any corresponding first certified 

16 title status reports and subsequent certified title sta17 tus reports). 

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

19 date of enactment of this Act, the Comptroller General 

20 of the United States shall submit to the Committee on 

21 Indian Affairs of the Senate and the Committee on Nat22 ural Resources of the House of Representatives a report 

23 that includes— 

24 (1) an evaluation of the need for residential 

25 leasehold mortgage packages, business leasehold 


kjohnson on DSK79L0C42PROD with BILLS
13 

•S 70 IS

1 mortgage packages, land mortgage packages, and 

2 right-of-way document packages of each Indian 

3 Tribe to be digitized for the purpose of streamlining 

4 and expediting the completion of mortgage packages 

5 for residential mortgages on Indian land (including 

6 the corresponding first certified title status reports 

7 and subsequent certified title status reports); and 

8 (2) an estimate of the time and total cost nec9 essary for Indian Tribes to digitize the records de10 scribed in paragraph (1), in conjunction with assist11 ance in that digitization from the Bureau. 

12 SEC. 4. ESTABLISHMENT OF REALTY OMBUDSMAN POSI13 TION. 

14 (a) IN GENERAL.—The Director shall establish with15 in the Division of Real Estate Services of the Bureau the 

16 position of Realty Ombudsman, who shall report directly 

17 to the Secretary of the Interior. 

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

19 (1) ensure that the applicable Bureau offices 

20 are meeting the mortgage review and processing 

21 deadlines established by section 3(a); 

22 (2) ensure that the applicable Bureau offices 

23 comply with the notices required under subsections 

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


kjohnson on DSK79L0C42PROD with BILLS
14 

•S 70 IS

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

2 including by— 

3 (A) ensuring the Bureau is responsive to 

4 all of the inquiries from the relevant Federal 

5 agencies; and 

6 (B) helping to facilitate communications 

7 between the relevant Federal agencies and the 

8 Bureau on matters relating to mortgages on In9 dian land; 

10 (4) receive inquiries, questions, and complaints 

11 directly from Indian Tribes, members of Indian 

12 Tribes, and lenders in regard to executed residential 

13 leasehold mortgages, business leasehold mortgages, 

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

15 (5) serve as the intermediary between the In16 dian Tribes, members of Indian Tribes, and lenders 

17 and the Bureau in responding to inquiries and ques18 tions and resolving complaints. 

Æ 


kjohnson on DSK79L0C42PROD with BILLS