I 
118TH CONGRESS 
1ST SESSION H. R. 3579 
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 HOUSE OF REPRESENTATIVES 
MAY 22, 2023 
Mr. JOHNSON of South Dakota introduced the following bill; which was 
referred to the Committee on Natural Resources 
A BILL 
To require the Bureau of Indian Affairs to process and 
complete all mortgage packages associated with residen-
tial and business mortgages on Indian land by certain 
deadlines, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Tribal Trust Land 
Homeownership Act of 2023’’. 
SEC. 2. DEFINITIONS. 
In this Act: 
VerDate Sep 11 2014 
05:24 Jun 13, 2023
Jkt 039200
PO 00000
Frm 00001
Fmt 6652
Sfmt 6201
E:\BILLS\H3579.IH
H3579
pbinns on DSKJLVW7X2PROD with $$_JOB
(1) APPLICABLE BUREAU OFFICE.—The term 
‘‘applicable Bureau office’’ means— 
(A) a Regional office of the Bureau; 
(B) an Agency office of the Bureau; or 
(C) a Land Titles and Records Office of 
the Bureau. 
(2) BUREAU.—The term ‘‘Bureau’’ means the 
Bureau of Indian Affairs. 
(3) DIRECTOR.—The term ‘‘Director’’ means 
the Director of the Bureau. 
(4) FIRST CERTIFIED TITLE STATUS REPORT.— 
The term ‘‘first certified title status report’’ means 
the title status report needed to verify title status on 
Indian land. 
(5) INDIAN
LAND.—The term ‘‘Indian land’’ 
has the meaning given the term in section 162.003 
of title 25, Code of Federal Regulations (as in effect 
on the date of enactment of this Act). 
(6) LAND MORTGAGE.—The term ‘‘land mort-
gage’’ means a mortgage obtained by an individual 
Indian who owns a tract of trust land for the pur-
pose of— 
(A) home acquisition; 
(B) home construction; 
(C) home improvements; or 
VerDate Sep 11 2014 
05:24 Jun 13, 2023
Jkt 039200
PO 00000
Frm 00002
Fmt 6652
Sfmt 6201
E:\BILLS\H3579.IH
H3579
pbinns on DSKJLVW7X2PROD with $$_JOB
(D) economic development. 
(7) LEASEHOLD MORTGAGE.—The term ‘‘lease-
hold 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. 
(8) MORTGAGE
PACKAGE.—The term ‘‘mort-
gage package’’ means a proposed residential lease-
hold mortgage, business leasehold mortgage, land 
mortgage, or right-of-way document submitted to an 
applicable Bureau office under section 3(a)(1). 
(9) RELEVANT FEDERAL AGENCY.—The term 
‘‘relevant Federal agency’’ means any of the fol-
lowing Federal agencies that guarantee or make di-
rect mortgage loans on Indian land: 
(A) The Department of Agriculture. 
(B) The Department of Housing and 
Urban Development. 
(C) The Department of Veterans Affairs. 
(10) 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). 
VerDate Sep 11 2014 
05:24 Jun 13, 2023
Jkt 039200
PO 00000
Frm 00003
Fmt 6652
Sfmt 6201
E:\BILLS\H3579.IH
H3579
pbinns on DSKJLVW7X2PROD with $$_JOB
(11) SUBSEQUENT
CERTIFIED
TITLE
STATUS 
REPORT.—The term ‘‘subsequent certified title sta-
tus report’’ means the title status report needed to 
identify any liens against a residential, business, or 
land lease on Indian land. 
SEC. 3. MORTGAGE REVIEW AND PROCESSING. 
(a) REVIEW AND PROCESSING DEADLINES.— 
(1) IN GENERAL.—As soon as practicable after 
receiving a proposed residential leasehold mortgage, 
business leasehold mortgage, land mortgage, or 
right-of-way document, the applicable Bureau office 
shall notify the lender that the proposed residential 
leasehold mortgage, business leasehold mortgage, or 
right-of-way document has been received. 
(2) PRELIMINARY REVIEW.— 
(A) IN GENERAL.—Not later than 10 cal-
endar days after receipt of a proposed residen-
tial leasehold mortgage, business leasehold 
mortgage, land mortgage, or right-of-way docu-
ment, the applicable Bureau office shall conduct 
and complete a preliminary review of the resi-
dential leasehold mortgage, business leasehold 
mortgage, land mortgage, or right-of-way docu-
ment to verify that all required documents are 
included. 
VerDate Sep 11 2014 
05:24 Jun 13, 2023
Jkt 039200
PO 00000
Frm 00004
Fmt 6652
Sfmt 6201
E:\BILLS\H3579.IH
H3579
pbinns on DSKJLVW7X2PROD with $$_JOB
(B) 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 appli-
cable Bureau office shall notify the lender of 
the missing documents. 
(3) APPROVAL OR DISAPPROVAL.— 
(A) LEASEHOLD
MORTGAGES.—Not later 
than 20 calendar days after receipt of a com-
plete executed residential leasehold mortgage or 
business leasehold mortgage, proof of required 
consents, and other required documentation, the 
applicable Bureau office shall approve or dis-
approve the residential leasehold mortgage or 
business leasehold mortgage. 
(B) 
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 docu-
mentation, the applicable Bureau office shall 
approve or disapprove the right-of-way docu-
ment. 
(C) LAND MORTGAGES.—Not later than 30 
calendar days after receipt of a complete exe-
cuted land mortgage, proof of required con-
VerDate Sep 11 2014 
05:24 Jun 13, 2023
Jkt 039200
PO 00000
Frm 00005
Fmt 6652
Sfmt 6201
E:\BILLS\H3579.IH
H3579
pbinns on DSKJLVW7X2PROD with $$_JOB
sents, and other required documentation, the 
applicable Bureau office shall approve or dis-
approve the land mortgage. 
(D) REQUIREMENTS.—The determination 
of whether to approve or disapprove a residen-
tial leasehold mortgage or business leasehold 
mortgage under subparagraph (A), a right-of- 
way document under subparagraph (B), or a 
land mortgage under subparagraph (C)— 
(i) shall be in writing; and 
(ii) in the case of a determination to 
disapprove a residential leasehold mort-
gage, business leasehold mortgage, right- 
of-way document, or land mortgage shall, 
state the basis for the determination. 
(E) APPLICATION.—This paragraph shall 
not apply to a residential leasehold mortgage or 
business leasehold mortgage with respect to In-
dian land in cases in which the applicant for 
the residential leasehold mortgage or business 
leasehold mortgage is an Indian tribe (as de-
fined in subsection (d) of the first section of the 
Act of 1955 (69 Stat. 539, chapter 615; 126 
Stat. 1150; 25 U.S.C. 415(d))) that has been 
approved for leasing under subsection (h) of 
VerDate Sep 11 2014 
05:24 Jun 13, 2023
Jkt 039200
PO 00000
Frm 00006
Fmt 6652
Sfmt 6201
E:\BILLS\H3579.IH
H3579
pbinns on DSKJLVW7X2PROD with $$_JOB
that section (69 Stat. 539, chapter 615; 126 
Stat. 1151; 25 U.S.C. 415(h)). 
(4) CERTIFIED TITLE STATUS REPORTS.— 
(A) COMPLETION OF REPORTS.— 
(i) 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 Bu-
reau office shall complete the processing 
of, as applicable— 
(I) a first certified title status re-
port, if a first certified title status re-
port was not completed prior to the 
approval of the residential leasehold 
mortgage, business leasehold mort-
gage, land mortgage, or right-of-way 
document; and 
(II) a subsequent certified title 
status report. 
(ii) REQUESTS FOR FIRST CERTIFIED 
TITLE
STATUS
REPORTS.—Notwith-
standing clause (i), not later than 14 cal-
endar days after the applicable Bureau of-
VerDate Sep 11 2014 
05:24 Jun 13, 2023
Jkt 039200
PO 00000
Frm 00007
Fmt 6652
Sfmt 6201
E:\BILLS\H3579.IH
H3579
pbinns on DSKJLVW7X2PROD with $$_JOB
fice receives a request for a first certified 
title status report from an applicant for a 
residential leasehold mortgage, business 
leasehold mortgage, land mortgage, or 
right-of-way document under paragraph 
(1), the applicable Bureau office shall com-
plete the processing of the first certified 
title status report. 
(B) NOTICE.— 
(i) IN GENERAL.—As soon as prac-
ticable after completion of the processing 
of, as applicable, a first certified title sta-
tus report or a subsequent certified title 
status report under subparagraph (A), but 
by not later than the applicable deadline 
described in that subparagraph, the appli-
cable Bureau office shall give notice of the 
completion to the lender. 
(ii) FORM OF NOTICE.—The applica-
ble Bureau office shall give notice under 
clause (i)— 
(I) electronically through secure, 
encryption software; and 
(II) through the United States 
mail. 
VerDate Sep 11 2014 
05:24 Jun 13, 2023
Jkt 039200
PO 00000
Frm 00008
Fmt 6652
Sfmt 6201
E:\BILLS\H3579.IH
H3579
pbinns on DSKJLVW7X2PROD with $$_JOB
(iii) OPTION TO OPT OUT.—The lend-
er may opt out of receiving notice elec-
tronically under clause (ii)(I). 
(b) NOTICES.— 
(1) IN GENERAL.—If the applicable Bureau of-
fice 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 of-
fice shall provide notice of the delay in review and 
processing to— 
(A) the party that submitted the mortgage 
package or requested the first certified title sta-
tus report; and 
(B) the lender for which the mortgage 
package (including any corresponding first cer-
tified title status report or subsequent certified 
title status report) is being requested. 
(2) REQUESTS FOR UPDATES.—In addition to 
providing the notices required under paragraph (1), 
not later than 2 calendar days after receiving a rel-
evant inquiry with respect to a submitted mortgage 
VerDate Sep 11 2014 
05:24 Jun 13, 2023
Jkt 039200
PO 00000
Frm 00009
Fmt 6652
Sfmt 6201
E:\BILLS\H3579.IH
H3579
pbinns on DSKJLVW7X2PROD with $$_JOB
package from the party that submitted the mortgage 
package or the lender for which the mortgage pack-
age (including any corresponding first certified title 
status report or subsequent certified title status re-
port) is being requested or an inquiry with respect 
to a requested first certified title status report from 
the party that requested the first certified title sta-
tus report, the applicable Bureau office shall re-
spond to the inquiry. 
(c) DELIVERY OF FIRST AND SUBSEQUENT CER-
TIFIED TITLE STATUS REPORTS.—Notwithstanding any 
other provision of law, any first certified title status report 
and any subsequent certified title status report, as appli-
cable, shall be delivered directly to— 
(1) the lender; 
(2) any local or regional agency office of the 
Bureau that requests the first certified title status 
report or subsequent certified title status report; 
(3) in the case of a proposed residential lease-
hold mortgage or land mortgage, the relevant Fed-
eral agency that insures or guarantees the loan; and 
(4) if requested, any individual or entity de-
scribed in section 150.303 of title 25, Code of Fed-
eral Regulations (as in effect on the date of enact-
ment of this Act). 
VerDate Sep 11 2014 
05:24 Jun 13, 2023
Jkt 039200
PO 00000
Frm 00010
Fmt 6652
Sfmt 6201
E:\BILLS\H3579.IH
H3579
pbinns on DSKJLVW7X2PROD with $$_JOB
(d) ACCESS
TO TRUST ASSET
AND ACCOUNTING 
MANAGEMENT SYSTEM.—Beginning on the date of enact-
ment 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 Bu-
reau. 
(e) ANNUAL REPORT.— 
(1) 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— 
(A) for the most recent calendar year, the 
number of requests received to complete resi-
dential 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 cer-
tified title status reports), including a detailed 
description of— 
(i) requests that were and were not 
successfully completed by the applicable 
deadline described in subsection (a) by 
each applicable Bureau office; and 
VerDate Sep 11 2014 
05:24 Jun 13, 2023
Jkt 039200
PO 00000
Frm 00011
Fmt 6652
Sfmt 6201
E:\BILLS\H3579.IH
H3579
pbinns on DSKJLVW7X2PROD with $$_JOB
(ii) the reasons for each applicable 
Bureau office not meeting any applicable 
deadlines; and 
(B) the length of time needed by each ap-
plicable Bureau office during the most recent 
calendar year to provide the notices required 
under subsection (b)(1). 
(2) REQUIREMENT.—In submitting the report 
required under paragraph (1), the Director shall 
maintain the confidentiality of personally identifiable 
information of the parties involved in requesting the 
completion of residential leasehold mortgage pack-
ages, business leasehold mortgage packages, land 
mortgage packages, and right-of-way document 
packages (including any corresponding first certified 
title status reports and subsequent certified title sta-
tus reports). 
(f) GAO STUDY.—Not later than 1 year after the 
date of enactment of this Act, the Comptroller General 
of the United States shall submit to the Committee on 
Indian Affairs of the Senate and the Committee on Nat-
ural Resources of the House of Representatives a report 
that includes— 
(1) an evaluation of the need for residential 
leasehold mortgage packages, business leasehold 
VerDate Sep 11 2014 
05:24 Jun 13, 2023
Jkt 039200
PO 00000
Frm 00012
Fmt 6652
Sfmt 6201
E:\BILLS\H3579.IH
H3579
pbinns on DSKJLVW7X2PROD with $$_JOB
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 
(2) an estimate of the time and total cost nec-
essary for Indian Tribes to digitize the records de-
scribed in paragraph (1), in conjunction with assist-
ance in that digitization from the Bureau. 
SEC. 4. ESTABLISHMENT OF REALTY OMBUDSMAN POSI-
TION. 
(a) IN GENERAL.—The Director shall establish with-
in the Division of Real Estate Services of the Bureau the 
position of Realty Ombudsman, who shall report directly 
to the Secretary of the Interior. 
(b) FUNCTIONS.—The Realty Ombudsman shall— 
(1) ensure that the applicable Bureau offices 
are meeting the mortgage review and processing 
deadlines established by section 3(a); 
(2) ensure that the applicable Bureau offices 
comply with the notices required under subsections 
(a) and (b) of section 3; 
VerDate Sep 11 2014 
05:24 Jun 13, 2023
Jkt 039200
PO 00000
Frm 00013
Fmt 6652
Sfmt 6201
E:\BILLS\H3579.IH
H3579
pbinns on DSKJLVW7X2PROD with $$_JOB
(3) serve as a liaison to other Federal agencies, 
including by— 
(A) ensuring the Bureau is responsive to 
all of the inquiries from the relevant Federal 
agencies; and 
(B) helping to facilitate communications 
between the relevant Federal agencies and the 
Bureau on matters relating to mortgages on In-
dian land; 
(4) receive inquiries, questions, and complaints 
directly from Indian Tribes, members of Indian 
Tribes, and lenders in regard to executed residential 
leasehold mortgages, business leasehold mortgages, 
land mortgages, or right-of-way documents; and 
(5) serve as the intermediary between the In-
dian Tribes, members of Indian Tribes, and lenders 
and the Bureau in responding to inquiries and ques-
tions and resolving complaints. 
Æ 
VerDate Sep 11 2014 
05:24 Jun 13, 2023
Jkt 039200
PO 00000
Frm 00014
Fmt 6652
Sfmt 6301
E:\BILLS\H3579.IH
H3579
pbinns on DSKJLVW7X2PROD with $$_JOB