    [Congressional Record Volume 171, Number 37 (Tuesday, February 25, 2025)]
    [Senate]
    [Pages S1350-S1352]
    From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

          By Mr. THUNE (for himself, Ms. Smith, and Mr. Rounds):
      S. 723. 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. 723

           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:

    [[Page S1351]]

           (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.

    [[Page S1352]]

         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.

                              ____________________