[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
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
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.

                                  [all]