119-hr2130

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2130 Introduced in House

    (IH) ]

<DOC>

119th CONGRESS
 1st Session
 H. R. 2130

 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.

_______________________________________________________________________

 IN THE HOUSE OF REPRESENTATIVES

 March 14, 2025

Mr. Johnson of South Dakota (for himself, Mr. Zinke, Mr. Cole, and Mr. 
 Neguse) introduced the following bill; which was referred to the 
 Committee on Natural Resources

_______________________________________________________________________

 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.

 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, 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 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.
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