S.Amdt. 3731

SA 3731. Mr. THUNE submitted an amendment intended to be proposed by
him to the bill S. 2296, to authorize appropriations for fiscal year
2026 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:

At the appropriate place in subtitle F of title X, insert
the following:

SEC. 10__. TRIBAL TRUST HOMEOWNERSHIP.

(a) Definitions.--In this section:
(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 subsection (b)(1)(A).
(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.
(b) Mortgage Review and Processing.--
(1) Review and processing deadlines.--
(A) 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.
(B) Preliminary review.--
(i) 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.
(ii) Incomplete documents.--As soon as practicable, but not
more than 2 calendar days, after finding that any required
documents are missing under clause (i), the applicable Bureau
office shall notify the lender of the missing documents.
(C) Approval or disapproval.--
(i) 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.
(ii) 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.
(iii) 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.
(iv) Requirements.--The determination of whether to approve
or disapprove a residential leasehold mortgage or business
leasehold mortgage under clause (i), a right-of-way document
under clause (ii), or a land mortgage under clause (iii)--

(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.

(v) Application.--This subparagraph 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)).
(D) Certified title status reports.--
(i) 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 subparagraph (C), the applicable
Bureau office shall complete the processing of, as
applicable--

[[Page S5663]]

(aa) 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
(bb) a subsequent certified title status report.

(II) Requests for first certified title status reports.--
Notwithstanding subclause (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
subparagraph (A), the applicable Bureau office shall complete
the processing of the first certified title status report.

(ii) 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 clause (i), but by not later than the applicable
deadline described in that clause, 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 subclause (I)--

(aa) electronically through secure, encryption software;
and
(bb) through the United States mail.

(III) Option to opt out.--The lender may opt out of
receiving notice electronically under subclause (II)(aa).

(2) Notices.--
(A) In general.--If the applicable Bureau office does not
complete the review and processing of mortgage packages under
paragraph (1) (including any corresponding first certified
title status report or subsequent certified title status
report under subparagraph (D) of that paragraph) by the
applicable deadline described in that paragraph, immediately
after missing the deadline, the applicable Bureau office
shall provide notice of the delay in review and processing
to--
(i) the party that submitted the mortgage package or
requested the first certified title status report; and
(ii) the lender for which the mortgage package (including
any corresponding first certified title status report or
subsequent certified title status report) is being requested.
(B) Requests for updates.--In addition to providing the
notices required under subparagraph (A), 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.
(3) 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--
(A) the lender;
(B) any local or regional agency office of the Bureau that
requests the first certified title status report or
subsequent certified title status report;
(C) in the case of a proposed residential leasehold
mortgage or land mortgage, the relevant Federal agency that
insures or guarantees the loan; and
(D) 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).
(4) 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.
(5) Annual report.--
(A) 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--
(i) 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 paragraph (1) by each
applicable Bureau office; and
(II) the reasons for each applicable Bureau office not
meeting any applicable deadlines; and

(ii) the length of time needed by each applicable Bureau
office during the most recent calendar year to provide the
notices required under paragraph (2)(A).
(B) Requirement.--In submitting the report required under
subparagraph (A), 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).
(6) 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--
(A) 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
(B) an estimate of the time and total cost necessary for
Indian Tribes to digitize the records described in
subparagraph (A), in conjunction with assistance in that
digitization from the Bureau.
(c) Establishment of Realty Ombudsman Position.--
(1) 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.
(2) Functions.--The Realty Ombudsman shall--
(A) ensure that the applicable Bureau offices are meeting
the mortgage review and processing deadlines established by
subsection (b)(1);
(B) ensure that the applicable Bureau offices comply with
the notices required under paragraphs (1) and (2) of
subsection (b);
(C) serve as a liaison to other Federal agencies, including
by--
(i) ensuring the Bureau is responsive to all of the
inquiries from the relevant Federal agencies; and
(ii) helping to facilitate communications between the
relevant Federal agencies and the Bureau on matters relating
to mortgages on Indian land;
(D) 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
(E) 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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