This part puts the BIA on a clock. It must check loan papers within a set number of days. It must say yes or no by a set day. It must tell people when it is late. It must report to Congress each year.
The document says “shall”Who acts: applicable Bureau officeHow: statuteSec. 3 in the PDF
What the document says
“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.”
The first duty in the section. As soon as practicable after a package arrives, the office notifies the lender of receipt. The receiving clause ahead of this one also names land mortgages; the notice clause quoted here does not.
What the document actually says
“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.”
That sentence, in plain words
The BIA office must tell the lender that the papers came in.
What this is about
This is the first step. It happens as soon as the office can do it. No day count is set for it.
No action is recorded against this proposal. That is not evidence that none has been taken, and nobody has yet read it against the record. See what the tracker does not yet cover.
The document says “shall”Who acts: applicable Bureau officeHow: statuteSec. 3 in the PDF
What the document says
“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.”
The office has 10 calendar days from receipt to complete a preliminary review, whose stated purpose is to verify that all required documents are included.
What the document actually says
“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.”
That sentence, in plain words
Within 10 days the BIA office must check the papers. It looks to see if any are missing.
What this is about
This is a first look, not a yes or no. The count is in calendar days, so weekends count.
No action is recorded against this proposal. That is not evidence that none has been taken, and nobody has yet read it against the record. See what the tracker does not yet cover.
The document says “shall”Who acts: applicable Bureau officeHow: statuteSec. 3 in the PDF
What the document says
“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.”
If the preliminary review finds a gap, the office must tell the lender which documents are missing, within 2 calendar days of finding it.
What the document actually says
“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.”
That sentence, in plain words
If papers are missing, the BIA office must tell the lender. It has 2 days at most.
What this is about
The clock starts when the office finds the gap. It does not start when the papers came in.
No action is recorded against this proposal. That is not evidence that none has been taken, and nobody has yet read it against the record. See what the tracker does not yet cover.
The document says “shall”Who acts: applicable Bureau officeHow: statuteSec. 3 in the PDF
What the document says
“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.”
The office must approve or disapprove a residential or business leasehold mortgage within 20 calendar days. The clock runs from receipt of the executed mortgage together with proof of required consents and the other required documentation.
What the document actually says
“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.”
That sentence, in plain words
The BIA office has 20 days to say yes or no to a home or business lease loan.
What this is about
The 20 days start when the full set of papers is in. That includes proof that all needed consents were given.
No action is recorded against this proposal. That is not evidence that none has been taken, and nobody has yet read it against the record. See what the tracker does not yet cover.
The document says “shall”Who acts: applicable Bureau officeHow: statuteSec. 3 in the PDF
What the document says
“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.”
The office must approve or disapprove a right-of-way document within 30 calendar days of receiving the executed document, proof of required consents, and the other required documentation.
What the document actually says
“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.”
That sentence, in plain words
The BIA office has 30 days to say yes or no to a right of way paper.
What this is about
A right of way lets someone run a road, a pipe, or a wire across the land.
No action is recorded against this proposal. That is not evidence that none has been taken, and nobody has yet read it against the record. See what the tracker does not yet cover.
The document says “shall”Who acts: applicable Bureau officeHow: statuteSec. 3 in the PDF
What the document says
“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.”
The office must approve or disapprove a land mortgage within 30 calendar days of receiving the executed mortgage, proof of required consents, and the other required documentation.
What the document actually says
“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.”
That sentence, in plain words
The BIA office has 30 days to say yes or no to a land loan.
What this is about
A land loan is on trust land owned by one Indian person. Lease loans get 20 days instead.
No action is recorded against this proposal. That is not evidence that none has been taken, and nobody has yet read it against the record. See what the tracker does not yet cover.
The document says “shall”Who acts: applicable Bureau officeHow: statuteSec. 3 in the PDF
What the document says
“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.”
Every approval or disapproval under paragraph (3) must be written, and a disapproval must state its basis. The comma after shall in clause (ii) is as printed.
What the document actually says
“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.”
That sentence, in plain words
The yes or no must be in writing. If the answer is no, the office must give the reason.
What this is about
This covers all four kinds of paper. Only a no has to carry a reason.
No action is recorded against this proposal. That is not evidence that none has been taken, and nobody has yet read it against the record. See what the tracker does not yet cover.
The document says “shall not”Who acts: applicable Bureau officeHow: statuteSec. 3 in the PDF
What the document says
“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”
The approval deadlines in paragraph (3) do not run for a leasehold mortgage where the applicant is an Indian tribe that has been approved for leasing under the Act of 1955 the section cites (25 U.S.C. 415). That Act is not indexed here, so nothing recorded here says what its leasing approval involves.
What the document actually says
“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”
That sentence, in plain words
These deadlines do not apply when the one asking for the lease loan is a tribe.
What this is about
The tribe must first be approved to lease under an older law from 1955. That older law is not indexed here.
No action is recorded against this proposal. That is not evidence that none has been taken, and nobody has yet read it against the record. See what the tracker does not yet cover.
The document says “shall”Who acts: applicable Bureau officeHow: statuteSec. 3 in the PDF
What the document says
“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”
Once the office approves a package, it has 10 calendar days to finish processing a first certified title status report, if one was not done before the approval, and a subsequent certified title status report.
What the document actually says
“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”
That sentence, in plain words
After it says yes, the BIA office has 10 days to finish the title reports.
What this is about
Two reports may be needed. One shows who holds title. The other shows claims for debts against the land.
No action is recorded against this proposal. That is not evidence that none has been taken, and nobody has yet read it against the record. See what the tracker does not yet cover.
The document says “shall”Who acts: applicable Bureau officeHow: statuteSec. 3 in the PDF
What the document says
“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.”
Where an applicant asks for a first certified title status report, the office has 14 calendar days from the request to complete it. The clause opens notwithstanding the 10 day rule tied to approval.
What the document actually says
“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.”
That sentence, in plain words
If someone asks for a first title report, the BIA office has 14 days to finish it.
What this is about
This runs on its own clock. It does not wait for the loan to be approved.
No action is recorded against this proposal. That is not evidence that none has been taken, and nobody has yet read it against the record. See what the tracker does not yet cover.
The document says “shall”Who acts: applicable Bureau officeHow: statuteSec. 3 in the PDF
What the document says
“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.”
Notice of completion goes to the lender as soon as practicable, and no later than the deadline that applied to the report itself.
What the document actually says
“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.”
That sentence, in plain words
When a title report is done, the BIA office must tell the lender.
What this is about
The notice cannot be late. It is due by the same day as the report.
No action is recorded against this proposal. That is not evidence that none has been taken, and nobody has yet read it against the record. See what the tracker does not yet cover.
The document says “shall”Who acts: applicable Bureau officeHow: statuteSec. 3 in the PDF
What the document says
“The applicable Bureau office shall give notice under clause (i)-- (I) electronically through secure, encryption software; and (II) through the United States mail.”
The notice of a completed title status report is required in two forms: electronically through secure, encryption software, and through the United States mail.
What the document actually says
“The applicable Bureau office shall give notice under clause (i)-- (I) electronically through secure, encryption software; and (II) through the United States mail.”
That sentence, in plain words
The notice goes out two ways. One is by safe, coded email. The other is by mail.
What this is about
The law asks for both, not one or the other.
No action is recorded against this proposal. That is not evidence that none has been taken, and nobody has yet read it against the record. See what the tracker does not yet cover.
The document says “can”Who acts: lendersHow: statuteSec. 3 in the PDF
What the document says
“The lender may opt out of receiving notice electronically under clause (ii)(I).”
The electronic half of the notice requirement is waivable by the lender. The mailed half is not addressed by this clause.
What the document actually says
“The lender may opt out of receiving notice electronically under clause (ii)(I).”
That sentence, in plain words
The lender can say no to getting the notice by email.
What this is about
The law lets the lender drop that one form. It says nothing here about dropping the mailed form.
No action is recorded against this proposal. That is not evidence that none has been taken, and nobody has yet read it against the record. See what the tracker does not yet cover.
The document says “shall”Who acts: applicable Bureau officeHow: statuteSec. 3 in the PDF
What the document says
“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.”
Where the office misses any deadline set by subsection (a), it must give notice of the delay immediately, to both the party that submitted the package and the lender.
What the document actually says
“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.”
That sentence, in plain words
If the BIA office misses a deadline, it must tell of the delay at once. It tells the one who sent the papers and the lender.
What this is about
There is no grace period here. The notice is due as soon as the day passes.
No action is recorded against this proposal. That is not evidence that none has been taken, and nobody has yet read it against the record. See what the tracker does not yet cover.
The document says “shall”Who acts: applicable Bureau officeHow: statuteSec. 3 in the PDF
What the document says
“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”
On top of the notices of delay, the office must respond within 2 calendar days to a relevant inquiry about a submitted mortgage package or about a requested first certified title status report, from the submitting party or the lender.
What the document actually says
“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”
That sentence, in plain words
The BIA office must answer questions about a set of papers. It has 2 days.
What this is about
This duty is on top of the late notice. It covers questions from the sender and from the lender.
No action is recorded against this proposal. That is not evidence that none has been taken, and nobody has yet read it against the record. See what the tracker does not yet cover.
The document says “shall”Who acts: applicable Bureau officeHow: statuteSec. 3 in the PDF
What the document says
“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;”
Reports are delivered directly, notwithstanding any other provision of law, to the lender, to any local or regional agency office of the Bureau that requests one, to the relevant Federal agency insuring or guaranteeing the loan for a residential leasehold or land mortgage, and on request to anyone described in 25 C.F.R. 150.303.
What the document actually says
“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;”
That sentence, in plain words
Title reports go straight to the lender. They also go to BIA offices that ask for them.
What this is about
The list has two more items. One is the federal agency backing the loan. The other is people named in a federal rule.
No action is recorded against this proposal. That is not evidence that none has been taken, and nobody has yet read it against the record. See what the tracker does not yet cover.
The document says “shall”Who acts: Bureau of Indian AffairsHow: statuteSec. 3 in the PDF
What the document says
“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.”
From the date of enactment, the three relevant Federal agencies and Indian Tribes have read-only access to portals holding the relevant land documents from TAAMS, the system the Bureau maintains.
What the document actually says
“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.”
That sentence, in plain words
From the day the law starts, some federal groups and tribes can look at the BIA land system. They can look but not change it.
What this is about
The system is called TAAMS. It holds the land papers the BIA keeps.
No action is recorded against this proposal. That is not evidence that none has been taken, and nobody has yet read it against the record. See what the tracker does not yet cover.
The document says “shall”Who acts: Director of the Bureau of Indian AffairsHow: statuteSec. 3 in the PDF
What the document says
“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--”
The Director reports each year by March 1 to the Senate Committee on Indian Affairs and the House Committee on Natural Resources. The report covers the number of requests received in the most recent calendar year, which were and were not completed by the applicable deadline and by which office, the reasons for any deadline missed, and how long each office took to give the notices required by subsection (b)(1).
What the document actually says
“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--”
That sentence, in plain words
By March 1 each year, the head of the BIA must send a report to Congress.
What this is about
It goes to two groups. One is in the Senate. One is in the House. The report counts requests and late work.
No action is recorded against this proposal. That is not evidence that none has been taken, and nobody has yet read it against the record. See what the tracker does not yet cover.
The document says “shall”Who acts: Director of the Bureau of Indian AffairsHow: statuteSec. 3 in the PDF
What the document says
“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”
The annual report is required to keep confidential the personally identifiable information of the parties who requested the packages it counts.
What the document actually says
“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”
That sentence, in plain words
The report must keep private facts private. It must not name the people who asked.
What this is about
Private facts here are things that point to one person. The report gives counts instead.
No action is recorded against this proposal. That is not evidence that none has been taken, and nobody has yet read it against the record. See what the tracker does not yet cover.
The document says “shall”Who acts: Comptroller General of the United StatesHow: statuteSec. 3 in the PDF
What the document says
“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”
Within a year of enactment, the Comptroller General reports to the same two committees. The report must evaluate the need for each Indian Tribe's mortgage and right-of-way packages to be digitized in order to streamline and expedite completion, and must estimate the time and total cost for Tribes to digitize those records with help from the Bureau.
What the document actually says
“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 sentence, in plain words
Within one year, the GAO must send Congress a study.
What this is about
It asks whether tribal land papers should be put on computers. It also gives a guess at the time and cost.
No action is recorded against this proposal. That is not evidence that none has been taken, and nobody has yet read it against the record. See what the tracker does not yet cover.
Each deadline the section sets, each notice it requires, the delivery rule for title status reports, the TAAMS access grant, the annual report, and the study by the Comptroller General.
The internal cross-references by which one paragraph points at another are recorded only where they change what somebody must do.
The exception in subsection (a)(3)(E) turns on a definition of Indian tribe in an Act of 1955 (25 U.S.C. 415), and subsection (c)(4) points at section 150.303 of title 25, Code of Federal Regulations. Neither is indexed here, so nothing recorded here says what either provides.
