[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 723 Enrolled Bill (ENR)]
S.723
One Hundred Nineteenth Congress
of the
United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Saturday,
the third day of January, two thousand and twenty six
An Act
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.
Be it enacted by the Senate and House of Representatives 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 2025''.
SEC. 2. DEFINITIONS.
In this Act:
(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 mortgage'' means a mortgage
obtained by an individual Indian who owns a tract of trust land for
the purpose of--
(A) home acquisition;
(B) home construction;
(C) home improvements; or
(D) economic development.
(7) 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.
(8) 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).
(9) 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:
(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).
(11) 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.
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 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.
(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 applicable
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 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.
(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
documentation, the applicable Bureau office shall approve or
disapprove the right-of-way document.
(C) 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.
(D) 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)--
(i) shall be in writing; and
(ii) 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.
(E) 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)).
(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 Bureau office shall complete the processing of,
as applicable--
(I) 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
(II) a subsequent certified title status report.
(ii) 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.
(B) Notice.--
(i) 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.
(ii) Form of notice.--The applicable Bureau office
shall give notice under clause (i)--
(I) electronically through secure, encryption
software; and
(II) through the United States mail.
(iii) Option to opt out.--The lender may opt out of
receiving notice electronically under clause (ii)(I).
(b) Notices.--
(1) 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--
(A) the party that submitted the mortgage package or
requested the first certified title status report; and
(B) the lender for which the mortgage package (including
any corresponding first certified 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 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.
(c) 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--
(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 leasehold mortgage or
land mortgage, the relevant Federal agency that insures or
guarantees the loan; and
(4) 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).
(d) Access to Trust Asset and Accounting Management System
(TAAMS).--Beginning on the date of enactment of this Act, the relevant
Federal agencies and Indian Tribes shall have read-only access to
portals containing the relevant land documents from the Trust Asset and
Accounting Management System (commonly known as ``TAAMS'') maintained
by the Bureau.
(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 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--
(i) requests that were and were not successfully
completed by the applicable deadline described in
subsection (a) by each applicable Bureau office; and
(ii) the reasons for each applicable Bureau office not
meeting any applicable deadlines; and
(B) 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).
(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
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).
(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
Natural Resources of the House of Representatives a report that
includes--
(1) 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
(2) 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.
SEC. 4. ESTABLISHMENT OF REALTY OMBUDSMAN POSITION.
(a) 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.
(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;
(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 Indian 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 Indian Tribes,
members of Indian Tribes, and lenders and the Bureau in responding
to inquiries and questions and resolving complaints.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.