[Congressional Record Volume 172, Number 40 (Tuesday, March 3, 2026)]
[House]
[Pages H2359-H2362]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
{time} 1630
TRIBAL TRUST LAND HOMEOWNERSHIP ACT OF 2025
Mr. WESTERMAN. Mr. Speaker, I move to suspend the rules and pass the
bill (S. 723) 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.
The Clerk read the title of the bill.
The text of the bill is 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:
(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,
[[Page H2360]]
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
[[Page H2361]]
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.
The SPEAKER pro tempore. Pursuant to the rule, the gentleman from
Arkansas (Mr. Westerman) and the gentlewoman from Oregon (Ms. Hoyle)
each will control 20 minutes.
The Chair recognizes the gentleman from Arkansas.
General Leave
Mr. WESTERMAN. Mr. Speaker, I ask unanimous consent that all Members
may have 5 legislative days to revise and extend their remarks and
include extraneous material on S. 723, the bill now under
consideration.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from Arkansas?
There was no objection.
Mr. WESTERMAN. Mr. Speaker, I yield myself such time as I may
consume.
Mr. Speaker, S. 723, the Tribal Trust Land Homeownership Act of 2025,
sponsored by Senate Majority Leader Thune, would establish firm
timelines for the Bureau of Indian Affairs to review and approve
residential and business mortgage applications on Tribal trust land.
This bill also increases transparency and accountability in the
mortgage review process and modernizes outdated systems that have
contributed to delays.
Since trust land is held by the United States on behalf of Tribes and
Tribal members, mortgages on that land require approval from the Bureau
of Indian Affairs before they can close. While current law provides
review timelines for certain leaseholds and rights-of-way mortgages,
there is no statutory deadline for trust land mortgages.
As a result, applicants and lenders have faced prolonged uncertainty.
Reports have highlighted cases in which borrowers waited more than 1
year for their required title status reports, creating significant
barriers to homeownership and business development in Indian Country.
These delays can discourage lenders and limit access to capital in
communities that already face housing shortages and economic
challenges.
S. 723 addresses these concerns by setting enforceable timelines for
BIA review, requiring notice to lenders and a report to Congress,
supporting the digitization of records, improving access to
information, and creating a realty ombudsman to help resolve issues. By
reducing delay and uncertainty, this bill makes it easier for Tribes
and Tribal members to secure financing for homes and businesses.
I commend Senator Thune and Representative Dusty Johnson for their
leadership on this issue and for working to improve housing and
economic opportunity in Indian Country.
Mr. Speaker, I reserve the balance of my time.
Ms. HOYLE of Oregon. Mr. Speaker, I yield myself such time as I may
consume.
Mr. Speaker, the Tribal Trust Land Homeownership Act would codify
existing Bureau of Indian Affairs procedures for reviewing and
processing mortgage packages on Indian lands. The bill seeks to improve
access to homeownership in Tribal communities.
Homeownership rates in Tribal communities continue to lag behind the
national average due, in part, to administrative delays in the Federal
review process.
In Oregon, State lawmakers have worked to address this challenge by
creating a flexible grant program that Tribes can use to address their
own local housing needs, but it is still the responsibility of the
Federal Government to provide sufficient resources.
Years of underfunding and understaffing at the BIA have reduced
agency capacity and slowed down the review and approval of mortgage and
leasing packages. Given the urgent housing needs in Indian Country, it
is essential that the BIA conduct these reviews in an efficient and
timely manner.
S. 723 would help expedite the mortgage review and processing
procedures and, ultimately, help to promote Tribal ownership.
Mr. Speaker, I urge support for this bill, and I reserve the balance
of my time.
Mr. WESTERMAN. Mr. Speaker, I yield 4 minutes to the gentleman from
South Dakota (Mr. Johnson), the lead sponsor of the House companion to
this bill.
Mr. JOHNSON of South Dakota. Mr. Speaker, this bill, S. 723, is
identical to a bill that I had introduced here in the House, H.R. 2130.
It made its way through the Natural Resources Committee and had a
hearing, for which I am very thankful to the chair and ranking member
of that committee. It passed out of that committee unanimously. This is
a strong piece of commonsense legislation.
Mr. Speaker, what does it do? First off, we know that our country is
facing a housing affordability crisis. In Indian Country, it is even
worse.
This legislation addresses specific and solvable problems that
contribute to this problem on Tribal land. Frankly, it is hard to
understand what a big problem this is in Indian Country. People can't
get their hands on the proper mortgage documents because, today,
mortgages on Tribal trust land, whether they are residential or
commercial, must be reviewed and approved by BIA before they can be
finalized.
Mr. Speaker, the BIA has established timelines for that process, but
those timelines are rarely met, and that contributes to serious delay.
As a result, Native Americans living on Tribal trust land face a
reduced opportunity, a reduced access to homeownership, a piece of the
American Dream.
Mr. Speaker, off reservation, accessing documents like title records
can be done in minutes, and insurance policies can often be issued in
just a few weeks.
However, on Tribal trust land, that same process is not completed in
a few weeks. It often takes a few months. In some instances, it has
taken as long as 1 year. In 1 year, that sale can fall apart.
A family ready to buy a home should not have to wait months because
of bureaucratic inefficiencies. When the BIA fails to do its work in a
timely manner, it is families and lenders and the marketplace that pay
the price.
The South Dakota Native Homeownership Coalition told me of a scenario
where they went to the BIA offices to try to find out how they could
expedite these processes. As a part of that meeting, they discovered
that 25 mortgage-related documents were stalled on the desk of the BIA
agency superintendent.
Mr. Speaker, that is 25 families, businesses, and individuals whose
futures were unnecessarily delayed because of bureaucratic
inefficiency. What a profound and unnecessary harm.
This legislation does as the chairman said. It improves transparency
and accountability. It establishes clear timelines. Importantly, it
does not undermine Tribal sovereignty or in any way weaken the Federal
trust responsibility. It simply makes sure that this process functions
as intended.
Mr. Speaker, I have been proud to partner with Senator John Thune,
who has expertly guided this through the Senate, and I am particularly
grateful to the South Dakota Native Homeownership Coalition. They have
done incredible work advocating for this solution.
Mr. Speaker, I ask my colleagues to support the Tribal Trust Land
Homeownership Act.
Ms. HOYLE of Oregon. Mr. Speaker, I urge my colleagues to support
this legislation, and I yield back the balance of my time.
Mr. WESTERMAN. Mr. Speaker, I yield myself the balance of my time.
Mr. Speaker, S. 723 promotes certainty, accountability, and
transparency in the trust land mortgage process.
By establishing clear timelines and modernizing mortgage
administration, the bill removes unnecessary barriers to homeownership
and business development for Tribal communities.
I thank my colleague from South Dakota (Mr. Johnson) for leading the
House companion to this legislation and the entire South Dakota
delegation for their coordinated effort on this important issue.
Mr. Speaker, I urge passage of S. 723, and I yield back the balance
of my time.
[[Page H2362]]
The SPEAKER pro tempore. The question is on the motion offered by the
gentleman from Arkansas (Mr. Westerman) that the House suspend the
rules and pass the bill, S. 723.
The question was taken.
The SPEAKER pro tempore. In the opinion of the Chair, two-thirds
being in the affirmative, the ayes have it.
Mr. WESTERMAN. Mr. Speaker, on that I demand the yeas and nays.
The yeas and nays were ordered.
The SPEAKER pro tempore. Pursuant to clause 8 of rule XX, further
proceedings on this motion will be postponed.
____________________