Tribal Issues: Bureau of Indian Affairs Should Take Additional Steps to Improve Timely Delivery of Real Estate Services [Reissued with revisions on Nov. 6, 2023]
Fast Facts
The Bureau of Indian Affairs reviews and approves applications for several types of real estate transactions, including mortgages, for Tribes and their citizens on certain lands. BIA has deadlines for these services in federal regulations and internal policies, but it inconsistently met these deadlines.
For example, after receiving a complete application for a certain type of mortgage, BIA is required to approve or disapprove it within 20 days. In fiscal years 2021 and 2022, about a quarter of the applications we analyzed didn't meet this deadline.
We recommended that BIA improve the timeliness of its real estate services, among other things.
Reissued on November 6, 2023 to correct formatting errors that resulted in deleted text.
Highlights
What GAO Found
GAO's analysis of the Bureau of Indian Affairs (BIA) mortgage data shows that the agency inconsistently met regulatory and internal deadlines for providing real estate services to Tribes and tribal citizens. For example, GAO found that BIA met the regulatory deadline to approve or disapprove mortgages of residential and business leases (called leasehold mortgages) within 20 days of receipt of a complete application about 72 percent of the time in fiscal years 2021 and 2022. BIA generally does not track the time an applicant spends completing an application, which can be time intensive.
Processed Leasehold Mortgages for Residential and Business Leases for Which BIA Met the Regulatory Deadline, Nationally, Fiscal Years 2021 and 2022
GAO's ability to analyze BIA's data on other types of real estate transactions was hindered due to the agency's having insufficient controls in place to ensure the accuracy and completeness of the data. For example, GAO found that a majority of approved applications for leases and rights-of-way (the legal right to go over or across land for a specific purpose, such as a road) did not contain the dates on which certain required steps in BIA's review process occurred. Enhancing the accuracy and completeness of its data could increase BIA's ability to determine whether it meets deadlines and how long it takes to deliver real estate services.
Selected Tribes and tribal-serving organizations cited concerns about BIA's timeliness and communication in delivering real estate services. In particular, they told GAO that BIA's lengthy processing times can adversely affect applicants and may disincentivize lending or investment on tribal lands. Tribes and others also indicated that BIA's communication regarding the status of applications and other real estate matters can be untimely, unclear, or inconsistent—leading to frustration, delays, or other negative outcomes.
BIA has taken some steps to improve its delivery of real estate services, such as updating regulations and guidance. However, BIA has not comprehensively assessed its processing times, and it does not have a plan to identify or address areas for improvement. BIA also has insufficient performance measures to monitor and report on the processing times of its real estate services. Conducting an assessment of its processing times and developing a plan could help BIA monitor its progress in addressing challenges. In addition, BIA has not assessed the quality of its communication with Tribes and others regarding real estate services to determine whether the agency is meeting their needs.
Why GAO Did This Study
The Department of the Interior's BIA plays a central role in delivering real estate services to Tribes and tribal citizens on certain lands. Specifically, the agency reviews and approves applications for several types of real estate transactions, including mortgages. BIA has regulatory and internal deadlines for approving real estate transactions.
This report examines (1) what BIA data indicate about processing times for delivering real estate services and the extent to which the agency met regulatory and internal deadlines for these services; (2) selected Tribes' and others' views on BIA's timeliness and communication in delivering real estate services; and (3) steps BIA has taken to improve real estate services, and the extent to which BIA has assessed its processing times and communication.
GAO reviewed laws, regulations, policies, and guidance related to BIA's real estate services; analyzed BIA data for fiscal years 2021 and 2022 (the most recent and complete); and interviewed agency officials and selected Tribes and tribal-serving organizations.
Reissued with revisions on Nov. 6, 2023
Reissued on November 6, 2023 to correct formatting errors that resulted in deleted text.Recommendations
GAO is making six recommendations, including that BIA (1) enhance the accuracy and completeness of data needed to measure processing times and deadlines and (2) assess its processing times and develop a plan for improvement. BIA agreed with these recommendations and stated it would develop a plan for overseeing the entry of real estate data, among other things.
Recommendations for Executive Action
| Agency Affected | Recommendation | Status |
|---|---|---|
| Bureau of Indian Affairs | The Director of BIA should provide additional training and guidance to staff on TAAMS data field definitions and data entry requirements to ensure that staff are entering all information necessary to measure processing times and whether regulatory and internal deadlines are being met for new lease and right-of-way applications. BIA should also provide similar training and guidance to accompany the forthcoming TAAMS mortgage module that will replace the Mortgage Tracker. (Recommendation 1) |
In September 2024, BIA officials told us the agency increased the number of TAAMS trainings received by BIA staff in 2024. In order to address this recommendation, BIA needs to update TAAMS trainings and guidance documents to include key data field definitions and entry requirements to ensure that processing times and deadlines can be measured using TAAMS data.
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| Bureau of Indian Affairs | The Director of BIA should enhance TAAMS to include additional data edit checks that require staff to enter all information necessary for measuring processing times and whether regulatory and internal deadlines are being met for new lease and right-of-way applications. (Recommendation 2) |
In September 2024, BIA provided documentation of requested updates to TAAMS that include the addition of data fields to measure processing times and deadlines for new lease and right-of-way applications, as well as the addition of a data edit check requiring these key data fields be populated. To fully address this recommendation, BIA will need to complete the TAAMS updates and provide evidence that requested changes have been implemented.
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| Bureau of Indian Affairs |
Priority Rec.
The Director of BIA should conduct regular oversight and review of data entered into TAAMS to assess the degree to which new lease and right-of-way applications contain all information necessary to measure processing times and whether regulatory and internal deadlines are being met. BIA should also conduct this regular oversight and review of mortgage applications following implementation of the forthcoming TAAMS mortgage module that will replace the Mortgage Tracker. (Recommendation 3) |
In September 2024, BIA officials told us BIA will develop a plan to conduct regular oversight and review of the completeness of realty data entered in TAAMS for new lease, right-of-way, and mortgage applications. To address this recommendation, BIA will need to finalize and implement its plan by regularly conducting oversight of TAAMS data completeness.
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| Bureau of Indian Affairs | The Director of BIA should, using available data, conduct an initial assessment of its processing times and compliance with regulatory and internal deadlines in delivering real estate services (mortgages, leases, rights-of-way, and TSR requests). As a part of that assessment, BIA should identify and develop a plan to address any areas for improvement, factors affecting processing times (including staff shortages), and additional data needs for future analysis. (Recommendation 4) |
As of September 2024, BIA officials told us the agency plans to implement strategies to monitor timeliness and will initiate a "strike team" to monitor high priority and backlog realty leases and transactions. To address this recommendation, BIA will need to complete an analysis of its processing times and compliance with deadlines for mortgages, leases, rights-of-way, and TSR requests. BIA needs to use the results of this analysis to identify areas with lengthy processing times; factors causing those lengthy processing times; and specific steps for improvement. BIA will also need to identify data needs for future analysis.
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| Bureau of Indian Affairs | The Director of BIA should develop performance goals and accompanying measures for the agency to monitor its processing times and compliance with regulatory and internal deadlines for delivering real estate services (mortgages, leases, rights-of-way, and TSR requests) on an ongoing basis and inform its plans to improve processing times, as appropriate. (Recommendation 5) |
In September 2024, BIA officials told us they have taken steps to develop a new GPRA performance measure related to mortgages. However, the measure has not been finalized. To address this recommendation, BIA will need to finalize new performance goals and measures to monitor its processing times and compliance with regulatory and internal deadlines for all realty types assessed in GAO's review, including leases (residential and commercial), rights-of-way, TSRs, and mortgages. Performance goals and associated measures do not necessarily have to be formalized through the Interior or BIA-wide performance management process, but BIA does need to demonstrate that it is tracking them over time.
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| Bureau of Indian Affairs | The Director of BIA should assess the quality of its communication with Tribes and stakeholders regarding real estate services and, based on that assessment, identify any areas for improvement. This could include the development of policy or guidance specifying procedures and time frames for responding to inquiries, such as those concerning the status of applications and TSR requests. (Recommendation 6) |
In September 2024, BIA officials told us the agency plans to attend annual conferences to gather tribal perspectives and that BIA developed communication guidance for its field staff that was shared at an internal training. To address this recommendation, BIA needs to formally collect information from Tribes and stakeholders on the quality of communication related to real estate services and needed improvements. Using the findings from this information collection effort, BIA needs to identify areas of improvement and specific steps it will take to address those areas. Further, these steps could be included in BIA policy or guidance to facilitate and improve BIA's communication with key stakeholders on its real estate services.
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