[Congressional Record Volume 167, Number 215 (Tuesday, December 14, 2021)]
[Senate]
[Pages S9162-S9164]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. THUNE (for himself, Ms. Smith, Mr. Rounds, and Mr. 
        Tester):
  S. 3381. 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; to the Committee on Indian Affairs.
  Mr. THUNE. Mr. President, I ask unanimous consent that the text of 
the bill be printed in the Record.
  There being no objection, the text of the bill was ordered to be 
printed in the Record, as follows:

                                S. 3381

       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 2021''.

     SEC. 2. DEFINITIONS.

       In this Act:

[[Page S9163]]

       (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.--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.
       (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

[[Page S9164]]

       (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.
                                 ______