Senate Report 117-232 - TRIBAL TRUST LAND HOMEOWNERSHIP ACT OF 2021

[Senate Report 117-232]
[From the U.S. Government Publishing Office]

Calendar No. 590

117th Congress} { Report
SENATE
2d Session } { 117-232

======================================================================

TRIBAL TRUST LAND HOMEOWNERSHIP ACT OF 2021

_______

December 6, 2022.--Ordered to be printed

_______

Mr. Schatz, from the Committee on Indian Affairs,
submitted the following

R E P O R T

[To accompany S. 3381]

[Including cost estimate of the Congressional Budget Office]

The Committee on Indian Affairs, to which was referred the
bill (S. 3381), 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, having considered the same
reports favorably thereon without amendment and recommends that
the bill do pass.

PURPOSE

S. 3381 would establish deadlines for the Bureau of Indian
Affairs (BIA) to process and complete all mortgage packages
associated with residential and business mortgages on Indian
land and establish a realty ombudsman within the BIA to
adjudicate delays in the processing of BIA realty filings.

BACKGROUND AND NEED FOR LEGISLATION

The BIA reviews and processes all leasehold and trust land
mortgages on Indian lands. Access to mortgage products
encourages homeownership on Indian lands. In some cases, the
BIA takes an extended period of time to process and certify
mortgages issued by federal agencies and lenders. These delays
disincentivize lenders and reduce homeownership opportunities
in Indian country.

SUMMARY OF S. 3381

S. 3381 codifies deadlines for the BIA to process and
complete all mortgage packages associated with residential and
business mortgages on Indian land currently reflected in the
BIA mortgage handbook; provide HUD, USDA, the VA, and Tribes
read-only access to the BIA's Trust Asset and Accounting
Management System (TAAMS) to ascertain the processing status of
a loan; require BIA to submit an annual report to Congress
providing information about the number of requests made and the
number of requests successfully and not successfully processed;
and directs GAO to publish a report evaluating how digitizing
mortgage packages might streamline the process; and establish a
realty ombudsman within the BIA.

SECTION-BY-SECTION ANALYSIS OF S. 3381 AS ORDERED REPORTED

Section 1--Short title

This section sets forth the short title as the ``Tribal
Trust Land Homeownership Act of 2021.''

Section 2--Definitions

Section 2 clarifies terms used in the bill, including but
not limited to, ``First Certified Title Status Report,''
``Indian Land,'' ``Right-of-Way Document,'' and ``Subsequent
Certified Title Status Report.''

Section 3--Mortgage review and processing

Section 3(a) establishes deadlines and requirements for
reviewing and processing proposed residential leashold,
business, and land mortgages, and rights-of-way documents. This
section also clarifies that the requirements of this bill do
not apply to leases approved pursuant to section 415(h) of the
Long Term Leasing Act of 1955.
Section 3(b) establishes rules for BIA failure to review
and process mortgage packages pursuant to section 3(a).
Section 3(c) establishes rules for delivery of first and
subsequent certified title status reports.
Section 3(d) provides relevant federal agencies and Tribes
read-only access to TAAMS.
Section 3(e) directs the Director of the BIA to submit an
annual report to the Senate Committee on Indian Affairs and the
Committee on Natural Resources of the House of Representatives.
Section 3(f) directs the Comptroller General of the United
States to submit an annual report to the Senate Committee on
Indian Affairs and the Committee on Natural Resources of the
House of Representatives.

Section 4--Establishment of Realty Ombudsman Position

Section 4(a) establishes, within the Division of Real
Estate Services of the Bureau of Indian Affairs, the position
of ``Realty Ombudsman.''
Section 4(b) describes the responsibilities of the Realty
Ombudsman.

LEGISLATIVE HISTORY

S. 3381 was introduced by Senator Thune (R-SD) and
cosponsored by Senators Smith (D-MN), Rounds (R-SD), and Tester
(D-MT) on December 14, 2021. The Senate referred the bill to
the Senate Committee on Indian Affairs the same day. On
February 16, 2022, the Committee held a hearing to consider the
bill. On May 18, 2022, the Committee held a business meeting
and ordered the bill to be reported favorably without
amendment.

COST AND BUDGETARY CONSIDERATIONS

U.S. Congress,
Congressional Budget Office,
Washington, DC, October 27, 2022.
Hon. Brian Schatz,
Chairman, Committee on Indian Affairs,
U.S. Senate, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed table summarizing estimated budgetary
effects and mandates information for some of the legislation
that has been ordered reported by the Senate Committee on
Indian Affairs during the 117th Congress.
If you wish further details, we will be pleased to provide
them. The CBO staff contact for each estimate is listed on the
enclosed table.
Sincerely,
Phillip L. Swagel,
Director.
Enclosure.

ESTIMATED BUDGETARY EFFECTS AND MANDATES INFORMATION
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Spending Subject Pay-As-You-Go Long-Term
Bill Title Status Last Action Budget Function Direct Spending, Revenues, 2023- to Appropriation, Procedures Point of Mandates Contact
Number 2023-2032 2032 2023-2027 Apply? Order?
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
S. 3381 Tribal Trust Ordered 05/18/22 450 0 0 Not estimated No No No Julia Aman
Land reported
Homeownership
Act of 2021
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S. 3381 would establish requirements and a timeline for the Bureau of Indian Affairs (BIA) to process residential leasehold mortgages, business leasehold mortgages, land mortgages, and right-
of-way documents. The bill also would establish a realty ombudsman at BIA to ensure the agency is meeting all bill requirements and to serve as an agency intermediary with Indian tribes.
Finally, the bill would require BIA and the Government Accountability Office to report to the Congress. CBO estimates that enacting S. 3381 would not affect direct spending or revenues. CBO
has not estimated the discretionary costs of implementing the bill. The bill contains no intergovernmental or private-sector mandates as defined in the Unfunded Mandates Reform Act.

REGULATORY AND PAPERWORK IMPACT STATEMENT

Paragraph 11(b) of rule XXVI of the Standing Rules of the
Senate requires each report accompanying a bill to evaluate the
regulatory and paperwork impact that would be incurred in
carrying out the bill. The Committee believes that S. 3381 will
have minimal impact on regulatory or paperwork requirements.

EXECUTIVE COMMUNICATIONS

The Committee has received no communications from the
Executive Branch regarding S. 3381.

CHANGES IN EXISTING LAW

On February 11, 2021 the Committee unanimously approved a
motion to waive subsection 12 of rule XXVI of the Standing
Rules of the Senate. In the opinion of the Committee, it is
necessary to dispense with subsection 12 of rule XXVI of the
Standing Rules of the Senate to expedite the business of the
Senate.

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