WASHINGTON, D.C. — A bill sponsored by U.S. Senator Cynthia Lummis (R-WY) designed to make Tribal homeownership easier in Wyoming passed unanimously in the Senate last week.
The “Tribal Trust Land Homeownership Act 2023” is intended to expedite the review and processing of mortgages on trust land by the Bureau of Indian Affairs (BIA).
“The Bureau of Indian Affairs’ mortgage review process has become overly complicated by bureaucratic red tape and is in desperate need of the revamp delivered by the ‘Tribal Trust Land Homeownership Act,’” Lummis said in a press release. “A more efficient review process will encourage more lending across Wyoming tribal lands and create more opportunities for home ownership. I encourage the House of Representatives to take up and pass this impactful legislation.”
Senators John Thune (R-SC), Tina Smith (D-MN) and Jon Tester (D-MT) also led the legislation. The new bill would impose shorter deadlines for the BIA to process mortgages involving Tribal trust land properties. It will also create the new position of a realty ombudsman within the BIA to improve communication.
According to the text of the bill, the ombudsman’s duties would be to:
- ensure that the applicable Bureau offices are meeting the mortgage review and processing deadlines
- serve as a liaison to other Federal agencies and help to facilitate communications between the relevant Federal agencies and the Bureau on matters relating to mortgages on Indian land
- 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
- 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 bill has proven popular with some Native American housing advocates for its focus on bureaucratic accountability.
“It is essential that Native people have equal access to mortgage transactions, just like any other citizen in this country,” Executive Director for the National American Indian Housing Council Chelsea Fish said in a statement. “This bill focuses on aligning the processes of the BIA with standard practices in the private mortgage industry. We commend legislators for prioritizing mortgage processes within the BIA and promoting a culture of accountability.”
