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(3) The proposed legislation must provide for more
efficient utilization of precious federal dollars by allowing
tribes some flexibility in tailoring minimum property standards
to meet the needs of reservations and correspondingly lower the
cost per housing unit.
(4) The proposed legislation streamline the governmental
bureucracy that diverts precious federal dollars from outright
construction expenditures.
(5) The proposed legislation must take into consideration
the differences between the tribes and be cognizant of the fact
that what might work for one reservation might not necessarily
work for another one, and be responsive to the need to construct
scatter-side housing as opposed to tract development.
(6) The proposed legislation must avoid waivers of tribal
sovereign immunity and not allow tribal trust fund reserves to be
unilaterally attached.
(7) The proposed legislation must provide tribal
governments maximum flexibility to utilize federal housing
dollars in a way which will best meet the needs of the people
each tribal government serves.
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(8) The proposed legislation must provide for the provision
of funds for water and sanitation needed to complete currently
obligated housing units as well as future approved housing units.
(9) The proposed legislation must provide for a review of
existing regulations, laws, and executive orders affecting Indian
housing with an eye toward simplifying the procedures and
eliminating bureaucratic requirements which make no sense in the
context of Indian reservations, as well as tailoring Indian
housing to the needs and desires of the people they are intended
to serve.
(10) The proposed legislation must take into account the
tribal need to offer a mix of housing programs ranging from
public housing to support which can be utilized by persons of
various levels of income.
(11) The proposed legislation must provide for more flexible
financing for Indian housing given the uniqueness of the economic
condition of the reservation such as the trust status of the
land.
(12) The proposed legislation must take into account the
specific needs of various catagories of Indians including
veterans who have demonstrated military service to their country
and the need for tribes to provide housing for categories of
18-934 O-83--14
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CONTENTS
Hearings held:
Page
April 1, 1982 (Washington, D.C.) . 1
April 14, 1982 (Tucson, Ariz.) 75
April 24, 1982 (Rapid City, S. Dak.) 101
April 29, 1982 (Washington, D.C.) 161
Text of H.R. 5988 2
THURSDAY, APRIL 1, 1982
WASHINGTON, D.C.
Statements:
Cleveland, Roy J., executive director, Navajo Housing Authority 56, 172
Froman, Ronald, National American Indian Housing Council 62, 181
Savilla, Elmer M., executive director, National Tribal Chairmen's
Association 49, 167
Thompson, Gene, executive director, Cherokee Tribal Housing Authority
67, 185
Wilson, Harold 0., executive director, Housing Assistance Council, Inc .... 69,
191
WEDNESDAY, APRIL 14, 1982
TUCSON, ARIZ.
Statements:
Anderson, Ned, president, Inter-Tribal Council of Arizona: and chairman,
San Carlos Apache Tribe 80, 250
Jones, Gilbert, executive director, Fort McDowell Housing Authority 98
Panel consisting of:
Delfm J. Lovato, chairman, All Indian Pueblo Council 83, 254
Salamon Garcia, executive director, All Indian Pueblo Housing Au-
thority 85
Lamar Parrish, counsel 86
Don Montoya, executive director, Laguna Pueblo Housing Authority.. 86
David Perez, executive director, Northern Pueblo Housing Authority. 86
Panel consisting of:
Eugene Pasqua, executive director, Inter-Tribal Council of California
89, 260
Ben Roberts, Santa Rose Rancheria 92
Panel from the Colorado River Indian Tribes consisting of:
Anthony Drennan, spokesman 93, 264
Elliott Booth, councilman 95
Elvin Kelly, housing director 96
Panel from the Ute Mountain Tribe of Colorado consisting of:
Judy Knight, chairman of the housing authority 97
Bradley Hight, executive director 97
Toro, Harriet, on behalf of the Papago Tribe 77, 238
Valencia, Anselmo, director, Administration for Native Americans,
Pascua Yaqui Tribe 79, 240
(III)
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SATURDAY, APRIL 24, 1982
RAPID CITY, S. DAK.
Statements: Page
Begay, Eugene, councilman, Lac Courts Oreilles Tribe, Wisconsin 121, 284
Blackbird, Elmer, chairman, Omaha Tribe, Nebraska 119, 282
Cadu, M. Ken, chairman, Kickapoo Tribe 115
Farrell, Rick, housing director, Confederated Salish and Kootenai Tribes,
Montana 124, 291
Good Voice, Donald, Chippewa-Cree Tribe, Montana 144
Ground, Leland, councilman, Blackfeet Tribe, Montana 137, 304
Jones, Ramona, on behalf of the Lower Sioux Community Council, Mon-
tana 157
LaRose, Louis, council member, Winnebago Tribe, Nebraska 134
Oldman, Joseph, Northern Arapahoe Tribe, Wyoming 158, 325
Panel from the Northern Cheyenne Tribe, Montana, consisting of:
Virginia Toews, executive director, housing authority 102, 268
Allen Rowland, president 105
Panel from the Oglala Sioux Tribe, South Dakota, consisting of:
Joe American Horse, president 108
Don Steel, vice president 111
Joe Little, housing director 111
Panel from the Fort Berthold Tribe, North Dakota, consisting of:
Auguste Little Soldier, vice chairman 117
Nathan Paul Goodiron, member, housing authority 117
Roy Bird Bear, member, housing authority 118
Panel from the Devils Lake Sioux Tribe, South Dakota, consisting of:
Frank Myrick, council member 127, 294
Roger Yanktron, executive director, housing authority 127
Panel from the Cheyenne River Sioux Tribe, South Dakota, consisting of:
Robert Chasing Hawk, chairman 128
Ira Grinnel, director, housing authority 128
Panel from the Standing Rock Sioux Tribe, South Dakota, consisting of:
Allen White Ligthning, councilman 145, 317
Phyllis Young, secretary, housing authority 147
Panel from the Yankton Sioux Tribe, South Dakota, consisting of:
George Cournoyer, executive director, housing authority 153
Al Zephier, councilman; and chairman, housing authority 153
Philbrick, Robert, chairman, Crow Creek Sioux Tribe, South Dakota 148
Shields, Caleb, council member, Fort Peck Tribe, Montana 132
Stands, Pat, council member, Crow Tribe, Montana 151, 321
Wadena, Darrell, president, Chippewa Tribe, Minnesota 112
WaIn, Carl, chairman, Rosebud Sioux Tribe, South Dakota 140, 315
THURSDAY, APRIL .29, 1982
WASHINGTON, D.C.
Statements:
Dunbar, Dave, on behalf of National Congress of American Indians 164, 331
Garrow, Leonard, president, United South and Eastern Tribes 162, 327
APPENDIX I
THURSDAY, APRIL 1, 1982
Additional material submitted for the hearing record from:
Committee on Interior and Insular Affairs:
1. Paper entitled "Background on H.R. 5988: The Indian Housing Act of
1982"
2. Paper entitled "Section-by-Section Analysis of H.R. 5988" 37
National Tribal Chairmen's Association: Prepared statement of Elmer Savilla,
executive director 167
Navajo Housing Authority: Prepared statement of Roy J. Cleveland, executive
director 172
Pueblo de la Laguna: Prepared statement 179
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V
National American Indian Housing Council: Prepared statement of Ronald Page
Froman 181
Cherokee Tribal Housing Authority: Prepared statement of Gene Thompson,
executive director 185
Housing Assistance Council, Inc.: Prepared statement of Harold 0. Wilson,
executive director 191
Navajo Tribal Council: Prepared statement of Peter McDonald, chairman 199
Publication by Native American Rights Fund entitled "Indian Housing, Worst
in the Nation 203
APPENDIX II
WEDNESDAY, APRIL 14, 1982
Additional material submitted for the hearing record from:
Papago Tribe of Arizona: Prepared statement of Harriet Toro 238
Pascua Yaqui Tribe: Prepared statement of Anselmo Valencia, director, Ad-
ministration for Native Americans 240
Inter-Tribal Council of Arizona: Prepared statement of Ned Anderson, presi-
dent 250
All Indian Pueblo Council: Prepared statement of Delfin J. Lovato, chairman.. 254
Inter-Tribal Council of California, Inc.: Prepared statement of Eugene Pasqua,
executive director 260
Colorado River Indian Tribes: Prepared statement of Anthony Drennan,
spokesman 264
APPENDIX III
SATURDAY, APRIL 24, 1982
Additional material submitted for the hearing record from:
Northern Cheyenne Housing Authority: Prepared statement of Virginia
Toews, executive director 268
Oglala Sioux Tribe: Prepared statement of Joe American Horse, president 274
Minnesota Chippewa Tribe: Prepared statement of Darrell Wadena, president. 278
Omaha Tribe of Nebraska: Prepared statement of Elmer Blackbird, chairman. 282
Lac Courte Oreilles Band of Lake Superior Chippewa Indians of Wisconsin:
Prepared statement of Eugene Begay, councilman 284
Salish and Kootenai Housing Authority: Prepared statement of Rick Farrell,
executive director 291
Devils Lake Sioux Tribe: Prepared statement of Gertrude Cavanaugh, vice
chairman 294
Assiniboine and Sioux Tribes of the Fort Peck Reservation: Prepared state-
ment of Caleb Shields, member, tribal executive board 300
Winnebago Tribe of Nebraska: Prepared statement of Sam Tebo, chairman 302
Blackfeet Tribe of Indians: Prepared statement of Leland Ground, member,
tribal council 304
Rosebud Sioux: Prepared statement of Carl Wain, chairman 315
Standing Rock Sioux Tribe: Prepared statement of Pat McLaughlin, chairman 317
Crow Tribal Housing Authority: Prepared statement of Pat Stands, chairman. 321
Lower Sioux Indian Community: Resolution No. 13-82, disapproving H.R.
5988 324
Arapahoe Tribe: Prepared statement of Joseph Oldman, member, business
council 325
APPENDIX IV
THURSDAY, APRIL 29, 1982
Additional material submitted for the hearing record from:
United South and Eastern Tribes, Inc.: Prepared statement of Leonard
Garrow, president 327
National Congress of American Indians: Prepared statement of David
Dunbar, general counsel 331
Crow Creek Housing Authority: Prepared statement of Dallas B. Harrison,
executive director 336
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VI
Confederated Tribes of the Colville Reservation: Prepared statement of Al Page
Aubertin, chairman 340
Mississippi Band of Choctaw Indians: Prepared statement of Phillip Martin,
chief 342
Papago Tribe of Arizona: Prepared statement of Max H. Morris, chairman 349
Letter from Hon. Ken Salt, Assistant Secretary, Bureau of Indian Affairs,
U.S. Department of the Interior, to Hon. Frederick N. Khedouri, Associate
Director for Natural Resources, Energy and Science, Executive Office of the
President, Office of Management and Budget, dated April 14, 1982, request-
ing findings of the Interagency Indian Housing Study (with enclosures) 351
Enclosure 1: U.S. Department of the Interior, Bureau of Indian Affairs:
Prepared statement entitled "Position Paper on the Indian Housing
Program" 352
Enclosure 2: U.S. Department of the Interior, Bureau of Indian Affairs:
Staff report entitled "0MB Task Force for a New Indian Housing
Delivery System 372
Letter from Hon. Neal Sex Johnson, Acting Deputy Administrator, Program
Operations, U.S. Department of Agriculture, to Hon. Kenneth L. Smith,
Assistant Secretary, U.S. Department of the Interior, dated April 14, 1982,
recommending that H.R. 5988 be enacted 386
Letter from Hon. Everett R. Rhoades, M.D., Assistant Surgeon General, Direc-
tor, Indian Health Service, U.S. Department of Health and Human Serv-
ices, to Hon. Kenneth Smith, Assistant Secretary for Indian Affairs, U.S.
Department of the Interior, dated April 14, 1982, reviewing H.R. 5988 (with
attachment) 387
Memorandum from Hon. Bill F. Pearson, P.E., Director, Environmental
Health, Indian Health Service, dated April 12, 1982, entitled "Task
Force Meeting-April 12, 1982 388
APPENDIX V
GENERAL
Additional correspondence and statements pertaining to the committee's
hearings on the Indian Housing Act of 1982 were also received from the
following:
Indian Tribe of the Northern Cheyenne Indian Reservation: Prepared state-
ment of Rowland Allen, president 391
Chippewa-Cree Tribe: Prepared statement of Donald Good Voice, Chippewa-
Cree Housing Authority 399
Pueblo of Zuni: Letter dated May 19, 1982 (with attachment) 400
Attachment: Pueblo of Zuni: Position paper by Robert E. Lewis, governor. 402
Cheyenne River Sioux Tribe: Letter from Robert Chasing Hawk, chairman 414
Northern Cheyenne Tribal Council: Prepared statement of Allen Rowland,
tribal president 416
Nez Perce Indian Tribe: Prepared statement of David HoIt, member, execu-
tive committee 424
National Congress of American Indians:
1. Memorandum from Ronald P. Andrade, to NCAI executive committee
entitled "Analysis of Interior Committee's Indian Housing Bill" 428
2. Letter from Robin R. Shield, administrator 430
3. Letter from Ronald P. Andrade 432
4. Housing committee's position paper on housing 433
5. Housing committee's report to the 39th annual convention 439
National Tribal Chairmen's Association: Resolution No. 82-30 supporting pas-
sage of H.R. 5988 and S. 2847-Indian Housing Act of 1982 447
Northern Arapahoe Tribe of the Wind River Reservation: Letter written by R.
Anthony Rogers, Wilkinson, Cragun and Barker, attorneys (with attach-
ment)
Attachment: Admendment to H.R. 5988 453
Great Lakes Inter-Tribal Council, Inc.: Resolution No. 4-23-82-B opposmg
H.R. 5988 as written 454
Navajo Nation: Letter from Peter MacDonald, chairman 456
Shoshone and Arapahoe Tribes: Letter from Alfred Ward and Joseph Oldman. 458
Spokane Tribal Business Council: Resolution 1982-197 to include language
that would make Indian preference mandatory 460
Choctaw Nation of Oklahoma: Letter from Hollis E. Roberts, chief (with
attachment) 461
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VII
Attachment: Prepared statement of Ronald Froman, National American Page
Indian Council 463
Affiliated Tribes of Northwest Indians: Letter from Connie Skanen, executive
director (with attachment) 472
Attachment: Prepared statement 473
Salt River Pima-Maricopa Indian Community: Letter from Aaron Osife,
Laurie Thomas, and Lorna Ray, Residential Training and Counseling Pro-
gram (with attachment) 478
Memorandum: Concerning recommendations to proposed legislation 479
Muscogee (Creek) Nation: Letter from Claude A. Cox, principal chief 482
Red Lake Band of Chippewa Indians: Letter from Roger A. Jourdain, chair-
man 483
Amerindian Architecture: Letter from Dennis Sun Rhoades 486
Pablo de Acoma: Letter from Merle L. Garcia, governor (with attachment) 489
Attachment: Resolution supporting passage of H.R. 5988 and 5. 2847 490
Salish and Kootenai Housing Authority: Prepared statement of Rick Farrell ... 494
Montana Indian Targeted Jobs Demonstration Project: Letter from Carl B.
Schildt, executive director 499
Ziontz, Pirtle, Morisset, Ernstoff and Chestnut:
1. Letter from Samuel J. Stiltner regarding fiscal year 1982 Indian hous-
ing program 501
2. Letter to Senator Dale Bumpers from Samuel J. Stiltner 502
3. Comments of the Colville Housing Authority concerning funding for
Indian housing programs 504
Santee Sioux Tribe of Nebraska:
1. Letter from Richard L. Kitto, chairman 512
2. Letter from Roger Trudell, business manager 514
Association of Western Washington Indian Housing Authorities:
1. Letter from Theodore J. St. Hilaire 515
2. Position paper of the Association of Western Washington and East
Cascade Indian Housing Authorities 516
Housing Authority of the Cherokee Nation of Oklahoma: Letter from Nathan
H. Young, III 522
United Indian Tribes of Western Oklahoma and Kansas: Letter from Newton
Lamar, president 523
Ussery and Parrish, P.A.: Letter from L. Lamar Parrish (with enclosure) 524
Enclosure: All Indian Pueblo Housing Authority: Prepared statement of
Clyde Ranch, chairman 525
Red Lake Reservation Housing Authority: Memorandum from George Gaas-
vig, executive director, to Terry Brown 528
Chemehuevi Indian Tribe: Letter from Conkie Hoover, housing commissioner
(with enclosure) 530
Enclosure: Prepared statement on the Indian Housing Act of 1982 531
Hopi Tribal Housing Authority: Letter from Harold Joseph, Jr., chairman,
board of directors 534
Cherokee Nation of Oklahoma: Prepared statement of Ross 0. Swimmer,
principal chief 540
Sault Ste. Marie Tribe of Chippewa Indians: Letter from Joseph K. Lumsden,
tribal chairman 546
Oneida Housing Authority: Resolution is supportive in having H.R. 5988
redrafted with tribal participation 547
Navajo Housing Services Department: Prepared statement 548
Navajo Veterans Housing Assistance Program: Prepared statement of Ray-
mond C. Etcitty, veterans housing officer 552
Mississippi Band of Choctaw Indians: Letter from Phillip Martin, chief (with
enclosure) 558
Enclosure: Prepared statement of Phillip Martin, chief 559
Shoshone-Bannock Tribes: Letter from R. Willis Dixey, chairman 566
American Indian Council of Architects and Engineers: Letter from Charles
Archambault, chairman 567
Hopi Tribe: Letter from Ivan L. Sydney, council chairman 569
Colville Confederated Tribes: Letter from Al Aubertin, chairman 570
Telegrams and mailgrams were received from the following:
Fallon Paiute Shoshone and Lovelock Housing Authorities 571
Oneida Tribe of Indians of Wisconsin, Gary Metoxen, chairman 572
Northern Arapaho Tribe, Joseph Oldman, chairman 573
Shoshone and Arapahoe Tribes of Wind River, Reservation, Wyoming 574
Association on American Indian Affairs, Steven Unger, executive director 576
Mississippi Band of Choctaw Indians, Phillip Martin, chief 577
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INDIAN HOUSING ACT OF 1~82
THURSDAY, APRIL 1, 1982
HOUSE OF REPRESENTATIVES,
COMMITTEE ON INTERIOR AND INSULAR AFFAIRS,
Washington, D.C.
The committee met, pursuant to notice, at 9:45 a.m., in room
1324, Longworth House Office Building, Hon. Morris K. Udall
(chairman of the committee) presiding.
The CHAIRMAN. The Committee on Interior and Insular Affairs
will be in session.
Today we begin hearings on H.R. 5988, which is legislation devel-
oped by this committee based on our oversight activities in. this
Congress with respect to Indian housing.
Without objection, a copy of the bill and the background and the
section-by-section analysis prepared by. the staff will be made a
part of our record at this point.
[The bill, H.R. 5988; background on H.R. 5988; and section-by-sec-
tion analysis of H.R. 5988 follow:]
(1)
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2
I
97TH CONGRESS
2D SESSION
To provide for an Indian housing program for construction and financing of
housing for Indians, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
MARCH 30, 1982
Mr. TJDALL (for himself, Mr. KILDEE, Mr. WILLIAMS of Montana, and Mr. SAN-
TINI) introduced the following bill; which was referred to the Committee on
Interior and Insular Affairs
A BILL
To provide for an Indian housing program for construction and
financing of housing for Indians, and for other purposes.
1 Be it enacted by the Senate and House of Representa-
2 tives of the United States of America in Congress assembled,
3 That this Act may be cited as the "Indian Housing Act of
4 1982".
5 SEC. 2. (a) Oongress finds, based upon the Federal
6 Government's historical and special legal relationship with,
7 and resulting responsibility to, American Indian people, that
8 the goal of decent, safe, and sanitary housing has not been
9 realized for many Indian families and elderly residing on
10 Indian reservations and in Indian communities; that nearly
PAGENO="0011"
3
2
1 40 per centum of all Indian housing is in substandard condi-
2 tion as compared with a national figure of 12 per centum;
3 that this situation is of grave concern; and that special efforts
4 are needed to mobilize public and private resources for the
5 realization of this goal.
6 (b) It is hereby declared to be the policy of the United
7 States to provide grants, financing, and loan guarantees to
8 assist Indians in obtaining decent, safe, and sanitary housing.
9 Sec. 3. For the purposes of this Act, the term-
10 (1) "adjusted family income" means gross family
11 income less $1,000 for each member of the household,
12 plus a further deduction of $3,400 or the amount of
13 itemized deductions from the family's current Federal
14 income tax return, whichever is higher;
15 (2) "amortization payment" means that payment
16 that would be the equivalent of the level monthly
17 amount needed to amortize the capital cost of a house
18 over the term of a housing assistance* contract for
19 twenty-five years at the average Treasury bill rate for
20 the 12 months prior to October 1 of the year in which
21 a house was available for occupancy;
22 (3) "family" means one or more persons maintain-
23 ing a household. The tribal housing agency shall deter-
24 mine which adult members of a family will be required
25 to execute a housing assistance contract;
HR 5988 III
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4
3
1 (4) "housing assistance contract" means the ex-
2 ecuted agreement between the tribal housing agency
3 and an eligible family which specifies the terms, condi-
4 tions, rights, and responsibilities of the parties;
5 (5) "Indian" means a person who is a member of
6 an Indian tribe or who is an Indian as defined in sec-
7 tion 19 of the Act of June 18, 1934 (48 Stat. 988; 25
8 U.S.C. 479);
9 (6) "mortgage" means a mortgage, deed of trust,
10 or any other instrument establishing a lien on real
11 property;
12 (7) "project" means the entire undertaking to pro-
13 vide housing under a project agreement, including the
14 minimum number of housing units to be developed or
15 rehabilitated with funds allocated under such agree-
16 ment;
17 (8) "Secretary" means the Secretary of the Inte-
18 nor;
19 (9) "standard housing" means a dwelling in a
20 condition which is decent, safe, and sanitary so that it
21 at least meets the following minimums-
22 (i) general construction conforms to applica-
23 ble standards for the region;
24 (ii) the heating system has the capacity to
25 maintain a minimum temperature of sixty degrees
HR 5988 III
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5,
4
1 Fahrenheit in the dwelling during the coldest
2 weather in the region. It must be safe to operate
3 and maintain and deliver a uniform distribution of
4 heat. Applicable local heating codes are to be fol-
5 lowed or, if there are no applicable local codes,
6 county and State codes are to be used as a guide;
7 (iii) the plumbing system includes a properly
8 installed system of piping. Fixtures consist of a
9 kitchen sink and a partitional bathroom with lava-
10 tory, toilet, and bath or shower. The water
11 supply, plumbing and sewage disposal systems
12 meet minimum standards of the Indian Health
13 Service, tribe, county, or State, whichever is ap-
14 plicable;
15 (iv) the electrical system includes wiring and
16 equipment properly installed to safely supply elec-
17 trical energy for adequate lighting and for oper-
18 ation of appliances. The tribal, county, or State
19 electrical code, whichever is applicable, must be
20 used as an alternative standard. If no codes exist,
21 a minimum of two circuits per dwelling must be
22 installed with provision for at least one additional
23 circuit for future use; and
24 (v) family size per dwelling is not less than-
HR 5988~ IH
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6
5
1 (I) five hundred and seventy square feet
2 for a family~ of up to four members;
3 (II) eight hundred and fifty square feet
4 for a family of five to seven members; and
5 (UT) one thousand and twenty square
6 feet for a family of eight or more members:
7 Provided, That, in appropriate circumstances, the
8 Secretary may waive these minimum standards
9 for dwelling size;
10 (10) "tribal housing agency" means that entity or
11 administrative unit of the tribal government which has
12 been designated or established by the tribe to adminis-
13 ter housing programs under this Act;
14 (11) "tribe" means any Indian tribe, band, nation,
15 group, pueblo, or community, including any Alaska
16 Native village or group, which is federally recognized
17 as eligible for the special programs and services pro-
18 vided by the United States to Indians because of their
19 status as Indians; and
20 (12) "trast land" means land title to which is held
21 by the United States for the benefit of an Indian or
22 Indian tribe or title to which is held by an Indian or
23 Indian tribe subject to a restriction against alienation
24 imposed by the United States.
HR 5988 IH
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7
6
1 TITLE I-INDIAN hOUSING IMPROVE~[ENT
2 PROGRAM
3 SEC. 101. (a) There is hereby established an Indian
4 housing improvement program for the purpose of making
5 grants or providing assistance to preserve existing housing,
6 make repairs, and construct or acquire standard housing for
7 Indians.
8 (b) The Secretary is authorized, upon application of an
9 Indian tribe or individual, to make grants or provide assist-
10 ance to assist Indian families who are not eligible for housing
11 assistance under titles II and III of this Act because of low
12 income or extremely isolated circumstances.
13 (c) Grants or assistance provided under this title shall be
14 consistent with plans and priorities established by tribes. In
15 providing assistance under this title, the Secretary may-
16 (1) make direct grants to individual Indians;
17 (2) enter into agreements with tribes or tribal
18 housing agencies;
19 (3) contract with private construction firms pursu-
20 ant to standard Federal contracting procedures; or
21 (4) have repairs or new construction performed di-
22 rectly by the Bureau of Indian Affairs.
23 (d) With respect to assistance provided under agree-
24 ments entered into pursuant to subsection (c)(2) of this sec-
25 tion, a tribe or tribal housing agency, in their discretion, may
HR 5988 IH
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8
7
1 require an assisted family to make a monthly payment not to
2 exceed the administrative charge established for such tribe or
3 tribal housing agency pursuant to section 210 of title II of
4 this Act or, if no such amount has been approved, an amount
5 satisfactory to the Secretary. Receipts from such payments
6 shall be used solely for housing-related activities of such
7 tribe.
8 SEc. 102. (a) Grants or assistance may be provided
9 under this title to-
10 (1) finance minor repairs and additions to existing
11 substandard housing to improve safety and sanitary
12 conditions until such time as standard housing assist-
13 ance can be made available to such family;
14 (2) finance major repair, renovations and/or en-
15 largement of existing dwellings that are structurally
16 sound, but deteriorated, and which can be economically
17 placed in standard condition; and
18 (3) finance the construction or acquisition of new
19 standard housing where severe need is demonstrated
20 and it is established that there is no reasonable pros-
21 pect that standard housing can be financed from other
22 sources.
23 (b) Appropriate insurance shall be required on* housing
24 constructed, acquired, or improved under subsection (a) (2) or
25 (3) of this section, unless waived by the Secretary.
HR 5988 III
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9
8
1 SEC. 103. (a) Where a house constructed, acquired, or
2 repaired pursuant to section 102(a) (2) or (3) of this title is
3 located on trust land, the Secretary shall not approve the sale
4 or lease of such land, unless the provisions of section 104 of
5 this title have been met.
6 (b) Where a house constructed, acquired, or repaired
7 pursuant to section 102(a) (2) or (3) of this title is located on
8 fee land, the Secretary shall insure that a lien upon such land
9 is recorded under appropriate State law, noting the encum-
10 brance imposed by section 104 of this title.
11 SEC. 104. Any house constructed, acquired, or repaired
12 pursuant to section 102(a) (2) or (3) of this title may be sold:
13 Provided, That the funds provided for such housing under
14 this title shall be reimbursed to the United States in an
15 amount to be determined by reducing the initial cost by 10
16 per centum per year: Provided further, That, where such
17 house is located on tribal land, the tribe shall have the right
18 of first refusal on the sale of such house. Amounts collected
19 pursuant to this section shall be credited to the appropriation
20 authorized by section 105 of this title. *
21 SEC. 105. There is hereby authorized to be appropri-
22 ated, without fiscal year limitation, not to exceed
23 $30,000,000 in each fiscal year beginning in fiscal year 1983
24 for the purpose of carrying out the provisions of this title.
HR S988 IH
18-934 O-88-----2
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9
1 TITLE 11-INDIAN HOUSING FINANCE FUND
2 SEc. 201. There is hereby established an Indian hous-
3 ing finance fund (hereinafter referred to as the "fund") for the
4 purpose of providing financing to Indian tribes for the con-
5 struction, acquisition, or rehabilitation of standard housing for
6 Indian families who are unable to obtain financing from other
7 sources on reasonable terms and conditions and who are not
8 eligible for assistance under title 1111 of this Act, but who can
9 meet the minimum monthly payment required by this title.
10 SEc. 202. As a prerequisite for eligibility for financing
11 from the fund, a tribe must prepare and submit to the Secre-
12 tary for approval a tribal housing plan. Such plan, at a mirn
13 mum, shall include an inventory of existing housing; an as-
14 sessment of housing needs; a proposed tribal administrative
15 structure to implement a housing program; an assessment of
16 the tribe's capacity to administer such program; and a projec-
17 tion of how the tribe intends to meet its housing needs over a
18 multiyear period.
19 SEC. 203. (a) Applications for financing from the fund
20 shall be submitted to the Secretary and shall specify the
21 number of housing units to be developed and methods of pro-
22 duction and development; shall include preliminary drawings
23 and specifications; and shall otherwise be consistent with the
24 approved tribal housing plan.
IEIIR 5988 11I--2
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11
10
1 (b) Applications for funding shall be evaluated and ap-
2 proved, subject to the availability of appropriations, based
3 upon, but not limited to, the following criteria-
4 (1) a priority for those tribes who have not re-
S ceived financing from the fund in prior fiscal years;
6 (2) a determination of the administrative, manage-
7 ment, and accounting capability of the tribe to imple-
8 ment the proposed housing project;
9 (3) a determination of the percentage of tribal
10 housing units in a substandard condition; and
11 (4) the housing needs of such tribes as contained
12 in the biannual housing inventory required by section
13 405 of this Act.
14 (c) The application shall include a tribal ordinance or
15 other evidence of action of the governing body of the tribe
16 designating or establishing a tribal housing agency (herein-
17 after referred to as the "agency") which shall be responsible
18 for implementing the project agreement.
19 (d) Nothing herein shall preclude the submission and ap-
20 proval of multitribal applications and the Secretary shall en-
21 courage, but shall not require, multitribal applications to
22 achieve economy of scale in housing projects.
23 SEC. 204. Upon approval of an application, the Secre-
24 tary and the agency shall enter into a project agreement
25 which shall specify the amount of funds to be made available,
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1 the minimum number of housing units to b~ developed with
2 such funds, the production method, and such other terms and
3 conditions as may be reasonable and consistent with the pro-
4 visions of this title.
5 SEC. 205. (a) Notwithstanding any other provision of
6 law, the Secretary is hereby empowered, as provided in this
7 section, to attach any obligated or unobligated funds held by
8 the United States in trust for the benefit of any Indian or
9 Indian tribe.
10 (b) The project agreement must contain a provision that
11 the tribe specifically agrees that-
12 (1) its trust funds shall be subject to attachment
13 as provided in subsection (a) of this section in the
14 amount and to the extent that its agency fails to pay
15 into the fund the amounts agreed to by such agency
16 pursuant to the provisions of this title; and
17 (2) it shall require any Indian executing a housing
18 assistance contract to authorize the Secretary, upon his
19 own motion or at the request of the agency, to attach
20 the trust funds of such Indian upon his failure to meet
21 the financial obligations incurred in such contract.
22 Funds attached hereunder shall be paid into the fund as re-
23 sidual receipts.
24 (c) In no event may the Secretary reject an application
25 under section 203 or refuse to enter into a project agreement
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1 under secti6n 204 of this title nor may an agency refuse to
2 execute a housing assistance contract under section 209 on
3 the basis that a tribe or individual Indian has no trust funds
4 to their credit.
5 (d) Prior to the attachment of trust funds as provided in
6 this section, the Secretary shall provide the Indian or Indian
7 tribe, as the case may be, with thirty days written notice of
8 his intent. Within such thirty-day period, the Indian or
9 Indian tribe shall be entitled to (1) pay the amount in default;
10 (2) negotiate a repayment schedule satisfactory to the Secre-
11 tary; or (3) institute such administrative appeals as may be
12 otherwise authorized. Subject to the requirements of this sub-
13 section, the decision of the Secretary shall be final and con-
14 clusive.
15 SEC. 206. (a) An initial disbursement may be made from
16 the fund, under a project agreement, to cover costs incurred
17 by the agency for preliminary planning and administration:
18 Provided, That this initial disbursement shall not exceed
19 $50,000 or 2 per centum of the total funding of the project.
20 Further disbursements under the project agreement shall be
21 made based upon the percentage of completion of the project
22 as specified in the project agreement and as determined pur-
23 suant to the plans and specifications approved under section
24 207 of this title.
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1 (b) All moneys disbursed from the fund shall be main-
2 tamed by the agency in an account separate from all other
3 funds of the tribe or the agency and shall be accounted for as
4 provided in the project agreement.
5 (c) All housing units provided for in the project agree-
6 ment shall be placed under construction or acquisition con-
7 tracts within one year of the execution of the project agree-
8 ment: Provided, That, where the Secretary determines that
9 the inability of the agency to place units under contract is
10 due to circumstances beyond the control of the agency, he
11 may extend the period for an additional ninety days. Funds
12 for units not placed under contract within such time shall be
13 returned to the fund or such amount shall be deducted from
14 approved allocations from the fund for such tribe in subse-
15 quent years.
16 SEc. 207. Within one hundred and twenty days of the
17 initial disbursement of funds as provided in section 206, the
18 agency shall submit to the Secretary the final plans and
19 specifications for housing units to be developed under the
20 project agreement. Such plans and specifications shall include
21 a phased construction schedule necessary to facilitate periodic
22 disbursements from the fund as provided in section 206. The
23 Secretary shall approve such plans and specifications if they
24 meet the standard housing criteria as defined in section 3(9)
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1 of this Act and are otherwise consistent with the project
2 agreement.
3 SEC. 208. (a) Prior to the construction or acquisition of
4 any housing units under a project agreement, the agency
5 must secure either a fee title to, or a lease of, such lands as
6 may be necessary for the construction or acquisition of such
7 units.
8 (b) Where the housing site is upon tribal or individual
9 trust land, the agency must secure, without cost to itself, a
10 twenty-five year lease with option to renew for not to exceed
11 an additional twenty-five years. Where the housing site is on
12 fee land, the agency shall require, without cost to itself, the
13 transfer of the fee title to such lands.
14 (c) Where the Secretary determines that no suitable
15 lands are available to the tribe for construction of housing, he
16 may authorize the use of project funds for land purchase:
17 Provided, That such land purchase cost shall be a part of the
18 total project cost.
19 SEC. 209. (a) An eligible Indian family shall make appli-
20 cation for housing assistance to the agency. Upon approval of
21 the application by the agency, the family and the agency
22 shall enter into a housing assistance contract (hereinafter re-
23 ferred to as the "contract") in which the~ agency shall agree
24 to construct or acquire a standard housing unit or rehabilitate
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1 an existing house to standard condition for such family upon
2 lands to be provided by the family or the tribe.
3 (b) The family shall agree in such contract that it
4 shall-
5 (1) at no cost to the agency, lease or transfer its
8 trust or fee lands if required by the agency;
7 (2) make monthly payments to the agency in the
8 amount of 20 per centum of the adjusted family
9 income: Provided, That the adjusted family income
10 shall be reviewed annually during the twenty-five year
11 period of the contract and the monthly payment shall
12 be adjusted upward or downward as indicated: Pro-
13 vided further, That such monthly payment shall be not
14 more than the amortization payment and not less than
15 the minimum payment established in section 210 of
18 this title;
17 (3) accept responsibility for all utilities and main-
18 tenance; and
19 (4) subject the trust funds of its adult members to
20 attachment as provided in section 205 of this title.
21 (c) Where the~ housing site is located on the trust or fee
22 lands of the family which has fully met its obligations under
23 the housing assistance contract, at the end of twenty-five
24 years, the land will revert to its former status and the agency
25 will transfer full ownership of the house to the family. Where
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1 the housing site is located on tribal lands and the family has
2 fully met its obligations under the housing assistance con-
3 tract, the lands will revert to their former status and the
4 agency will transfer ownership of the house to the family:
S Provided, That the tribe may not deny the family the contin-
6 ued use of the land site unless it shall offer the family fair
7 market value for the house.
8 SEc. 210. The project agreement shall provide for a
9 minimum monthly payment to be made by families receiving
10 assistance under this title. Such minimum monthly payment
11 shall be composed of-
12 (1) an administrative charge which shall be in an
13 amount deemed sufficient by the Secretary to enable
14 the agency to perform the administrative functions re-
15 quired by this Act;
16 (2) a premium for insurance; and
17 (3) an amount deemed reasonable by the Secre-
18 tary as a contingency reserve for maintenance. Such
19 amounts shall be deposited by the agency into an inter-
20 est-bearing account as a reserve for maintenance which
21 may be used, principal and interest, as provided in sec-
22 tion 214 of this title.
23 The minimum payment shall be reviewed annually and may,
24 subject to the approval of the Secretary, be adjusted upward
25 or downward as warranted.
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1 SEC. 211. (a) The project agreement shall require the
2 agency to establish an account for residual receipts. Residual
3 receipts shall be the amount of the monthly payments collect-
4 ed by the agency less the minimum payment to be retained
5 by the agency as provided in section 209.
6 (b) Residual receipts shall be deposited by the agency in
7 the fund quarterly on a fiscal year basis. Initial residual re-
8 ceipts due the fund are those that are the result of monthly
9 payments established by the agency and which have been
10 certified by an independent audit or agreed to by the Secre-
11 tary in the project agreement. Thereafter, residual receipts
12 due to the fund shall be in accordance with amounts estab-
13 lished by an annual independent audit of the adjusted family
14 incomes of the participating families.
15 (c) Residual receipts due the fund from an agency shall
16 not fall below 90 per centum of the amount due. Within ten
17 days after a determination of a default by an agency in its
18 quarterly payment of residual receipts to the fund, the Secre-
19 tary shall notify the tribe and the agency in writing of such
20 determination. The tribe or the agency shall have thirty days
21 within which to satisfy the default. Upon a failure of the tribe
22 or agency to do so, the Secretary may-
23 (1) declare such tribe to be ineligible for further
24 housing assistance from the fund;
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1 (2) take any other action to satisfy the default as
2 may be otherwise authorized by law; or
3 (3) attach tribal or appropriate individual trust
4 funds as provided and authorized in section 205 of this
5 title: Provided, That the Secretary may exercise this
6 authority only after all other reasonable action has
7 been exhausted.
8 SEC. 212. (a) The agency shall be responsible for the
9 implementation of monitoring and construction inspection
10 procedures necessary to assure the Secretary of satisfactory
11 quality control and fund utilization, including compliance
12 with the minimum housing standards and the approved draw-
13 ings and specifications of a project. When the Secretary de-
14 termines that the monitoring and inspection procedures are
15 not adequate, he shall initiate action to assure implementa-
16 tion of such procedures by the agency as a requirement for
17 continuation of the project.
18 (b) The technical staff of the Indian Health Service
19 within the Department of Health and Human Services shall
20 be responsible for providing written recommendations to the
21 Secretary with respect to the adequacy of the monitoring and
22 construction inspection procedures of the agency to assure
23 compliance with the minimum housing standards and the ap-
24 proved plans and specifications for each project.
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1 SEc. 213. (a) Tribal and agency officials and employees
2 who are responsible for the receipt and disbursement of fimds
3 under this title shall be bonded in an amount not less than the
4 funds obtained in the initial disbursement provided in section
5 206. No such disbursement shall be made until a bond satis-
6 factory to the Secretary is obtained.
7 (b) The agency shall require performance bonds from its
8 contractors except for those projects where settlement is on
9 the basis of turnkey constuction.
10 (c) The agency shall also require irrevocable letters of
11 credit, mechanics' and workmen's lien bonds or a cash equiv-
12 alent from its contractors at the rate of 71/2 per centum
13 above and beyond all the liens of record and a 2½ per
14 centum warranty maintenance bond shall be required of the
15 contractor based upon the construction contract amount.
16 SEc. 214. Maintenance and cost of utilities for the
17 house shall be the responsibility of the participating family.
18 Upon the failure of the family to perform adequate mainte-
19 nance to the extent necessary to prevent health hazard or
20 preserve the capital value of the unit, the agency shall use
21 the reserve for maintenance established by section 210 of this
22 title to correct any deficiencies. At the end of the contract
23 period, the amount remaining in the maintenance reserve ac-
24 count to the credit of the family, excluding any accrued inter-
25 est, shall become the property of the family.
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1 SEC. 215. All contracts under this title shall be awarded
2 in accordance with bidding procedures satisfactory to the
3 Secretary and shall result in the judicious use of Federal
4 funds. The agency may formulate an Indian affirmative
5 action plan satisfactory to the Secretary.
6 SEC. 216. A family may, subject to the approval of the
7 Secretary and the agency, sell or purchase a house construct-
8 ed, acquired, or rehabilitated with funds under a project
9 agreement. The minimum sale or purchase price of the house
10 shall be the amount of the principal remaining on the amorti-
11 zation schedule for such house: Provided, That, where a
12 family has a deficit in their reserve for maintenance account,
13 such minimum sale Or purchase price shall be increased by
14 that amount. The minimum sale or purchase price shall be
15 reimbursed to the fund and any amount in excess of the mini-
16 mum sale price shall be the property of the family.
17 SEc. 217. (a) The contractual interest of a family in
18 housing constructed, acquired, or rehabilitated with moneys
19 provided from the fund may be. inherited or assigned: Pro-
20 vided, That heirs, devisees, or assignees must agree to
21 assume the responsibilities and obligations under the original
22 contract: Provided further, That an assignee of such interest
23 must otherwise be eligible for assistance under this title.
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1 (b) Abandoned houses shall revert to the agency and
2 shall be available to another eligible family under a new
3 housing assistance contract.
4 Sec. 218. Tribal housing agencies may use funds made
5 available under a project agreement, if the agreement so pro-
6 vides, to assist Indian families in making a downpayment,
7 including closing costs, on standard housing to be financed
8 through other sources of credit. The family shall be obligated
9 to repay such amount, without interest, over a period of not
10 to exceed ten years. Exclusive of closing costs, assistance
11 provided under this section shall not be in excess of 10 per
12 centum of the purchase price of the house.
13 SEc. 219. If an agency, in establishing the adjusted
14 family income of an applicant family, determines that the
15 income of such family is sufficient to support the payment of
16 a reasonable economic rent, the agency shall acquire such
17 family to provide evidence that at least two lending institu-
18 tions in the area making home mortgage loans has rejected
19 loan applications submitted by such family before the family
20 is eligible for housing assistance under this title.
21 SEc. 220. There is hereby authorized to be appropriated
22 for the purpose of carrying out the provisions of this title,
23 without fiscal year limitation, $100,000,000 in fiscal year
24 1983; $200,000,000 in fiscal year 1984; and, annually there-
25 after, such sums as may be necessary which, when added to
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1 the total residual receipts and other deposits paid into the
2 fund during the preceding fiscal year, will restore the balance
3 in the fund to $250,000,000 at the beginning of each fiscal
4 year.
5 TITLE ffl-INDIAN HOUSII~G LOAN GUARANTY
6~ FTIND
7 SEC. 301. In order to provide access to sources of pri-
8 vate financing for Indian families who otherwise would not be
9 eligible for housing credit because of Federal laws restricting
10 mortgage or other encumbrance of trust land, there is hereby
11 established an Indian housing loan guaranty fund (hereinafter
12 referred to as the "guaranty fund") as provided in section
13 3llofthistjtle.
14 SEC. 302. The Secretary is authorized to guarantee not
15 to exceed 100 per centum of the unpaid principal and interest
16 due on any loan made to an Indian for the acquisition or
17 construction of a standard house on trust land. Such loans
18 may be secured by a mortgage executed pursuant to the Act
19 of March 29, 1956 (70 Stat. 62; 25 U.S.C. 483a); by an
20 appropriate lien on a leasehold in trust land; or by an assign-
21 ment of income from trust land or other assets.
22 SEC. 303. Loans guaranteed pursuant to this title shall
23 bear interest (exclusive of premium charges for guarantee
24 and service charges, if any) at a rate agreed upon by the
25 borrower and the lender and determined by the Secretary to
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1 be reasonable, but which is not more than that being charged
2 in the area by lenders for home mortgage loans without a
3 guaranty or insurance by a Federal agency or instrumentali-
4 ty.
5 S~c. 304. The Secretary shall fix such premium
6 charges for the guarantee of loans as are in his judgment
7 adequate to cover expenses and probable losses, and deposit
8 receipts for such charges in the Guaranty Fund.
9 S~c. 305. the application for a loan to be guaranteed
10 hereunder shall be submitted to the Secretary for prior ap-
11 proval. Upon approval, the Secretary shall issue a certificate
12 as evidence of the guaranty. Such certificate shall be issued
13 only when the Secretary determines there is a reasonable
14 prospect of repayment.
15 SEC. 306. Any loan guaranteed hereunder, including
16 the security given therefore, may be sold or assigned by the
17 lender to any financial institution subject to examination and
18 supervision by an agency of the United States or of any State
19 or the District of Columbia.
20 SEc. 307. Any loans guaranteed hereunder shall be re-
21 stricted to those made by a financial institution subject to
2~ T examination and supervision by an agency of the United
23 States, a State or the District of Columbia and to loans that
24 meet the following requirements:
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1 (1) the maturity of any loan guaranteed hereunder
2 shall not exceed thirty-three years;
3 (2) loans guaranteed hereunder may be made by
4 any lender satisfactory to the Secretary except loans
5 insured or guaranteed by an agency or instrumentality
6 of the Federal Government or made by an organization
7 of Indians from funds borrowed from the United States
8 shall not be eligible for guarantee hereunder;
9 (3) the liability under the guaranty shall decrease
10 or increase pro rata with any decrease or increase in
11 the unpaid portion of the obligation pursuant to the
12 provisions of the loan agreement; and
13 (4) any loan made by any national bank or Feder-
14 al savings and loan association, or by any bank, trust
15 company, building and loan association or insurance
16 company, authorized to do business in the District of
17 Columbia, at least 20 per centum of which is guaran-
18 teed hereunder, may be made without regard to the
19 limitations and restrictions of any other Federal statute
20 with respect to (i) ratio of amount of loan to value of
21 property, (ii) requirement of mortgage or other secu-
22 rity, (iii) maturity of loans; (iv) priority of lien; .or (v)
23 percentage of assets which may be invested in real
24 estate loans.
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1 SEc. 308. Whenever the Secretary finds that any lender
2 or holder of a guaranty certificate fails to maintain adequate
3 accounting records or to demonstrate proper ability to service
4 adequately loans guaranteed or to exercise proper credit
5 judgment, or has willfully or negligently engaged in practices
6 otherwise detrimental to the interests of a borrower or the
7 United States, the Secretary may refuse, either temporarily
8 or permanently, to guarantee any further loans made by such
9 lender or holder, and may bar such lender or holder from
10. acquiring additional loans guaranteed hereunder: Provided,
11 that the Secretary shall not refuse to pay a valid guaranty on
12 loans previously made in good faith.
13 SEc. 309. (a) In the event of a default on a loan guaran-
14 teed hereunder, the lender holding the guaranty certificate
15 must notify the Secretary of the default in writing and may
16 thereupon proceed under either of the following methods for
17 obtaining payment under the guaranty-
18 (1) the lender may initiate foreclosure proceedings
19 in a court of competent jurisdiction after providing
20 prior written notice of such action to the Secretary and
21 upon a final order authorizing foreclosure by such a
22 court and upon submission to the Secretary of a claim
23 for payment under the guaranty, the Secretary shall
24 pay to such holder the full pro rata portion of the
25 amount guaranteed plus reasonable fees and expenses
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1 as approved by the Secretary: Provided, That the Sec-
2 retary shall be subrogated to the rights of the holder of
3 the guaranty and receive an assignment of the obliga-
4 tion and security; or
5 (2) without seeking a judicial foreclosure or in the
6 event that a foreclosure proceeding initiated by or on
7 behalf of the lender as authorized under paragraph (1)
8 above continues for a period in excess of one year, the
9 lender may submit a claim for payment under the guar-
10 antee: Provided, That the Secretary shall only pay to
11 such holder for a loss on any one loan an amount equal
12 to 95 per centum of the pro rata portion of the amount
13 guaranteed; Provided further, that the Secretary shall
14 be subrogated to the rights of the holder of the guaran-
15 ty and receive an assignment of the obligation and se-
16 curity.
17 (b) Upon receipt from the lender of a notice of default,
18 the Secretary may, in his sole ~1iscretion, accept assignment
19 of such loan if such action is determined by the Secretary to
20 be in the best interest of the United States and shall there-
21 upon pay to the holder the pro rata portion of the amount
22 guaranteed and shall be subrogated to the rights of the holder
23 of the guaranty and receive an assignment of the obligation
24 and security.
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1 (c) Before any reimbursement is made under subsection
2 (a) above, all reasonable collection efforts shall have been
3 exhausted by the lender. Upon reimbursement, in whole or in
4 part, to the lender, the note or judgment evidencing the debt
5 shall be assigned to the United States and the lender shall
6 have no further claim against the borrower or the United
7 States. The Secretary shall then take such further collection
8 actions as may be warranted.
9 SEC. 310. Any evidence of guaranty issued by the Sec-
10 retary shall be conclusive evidence of the eligibility of the
11 loan for guaranty under the provisions of this title and the
12 amount of such guaranty. Such evidence shall be incontesta-
13 ble in the hands of the bearer and the full faith and credit of
14 the United States is pledged to the payment of all amounts
15 agreed to be paid by the Secretary as security for such obli-
16 gations: Provided, That nothing in this section shall preclude
17 the Secretary from establishing, as against the original
18 lender, defenses based on fraud or material misrepresentation
19 or bar him from establishing by regulations in force on the
20 date of such issuance or disbursement, whichever is earlier,
21 partial defenses to the amount payable on the guaranty.
22 SEc. 311. (a) There is hereby created an Indian housing
23 guaranty fund which shall be available to the Secretary as a
24 revolving fund without fiscal year limitation for carrying out
25 the provisions of this title. The guaranteed loan program
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1 under this title shall be operated separately from the Indian
.2 housing finance fund established under title II of this Act and
3 no funds designated for one program may be transferred to
4 the other program. There is authorized to be appropriated
5 not to exceed $2,500,000 in fiscal year 1983; $3,000,000 in
6 fiscal year 1984; $3,500,000 in fiscal year 1985, 1986, and
7 1987; and thereafter such sums as may be necessary to main-
8 tam a guaranty fund balance of $20,000,000.
9 (b) The Secretary may use the guaranty fund for the
10 purpose of fulfilling the obligations with respect to loans
11 guaranteed under this title, but the aggregate outstanding
12 principal amount guaranteed by the Secretary shall be limited
13 to $400,000,000 or such lesser amount as may be provided
14 in appropriations Acts.
15 (c) All funds, claims, notes, mortgages, contracts, and
16 property acquired by the Secretary under this section, and all
17 collections and proceeds therefrom, shall constitute assets of
18 the guaranty fund. All liabilities and obligations of such
19 assets shall be liabilities and obligations of the guaranty fund.
20 The Secretary is authorized to make agreements with respect
21 to servicing loans acquired or guaranteed under this title and
22 to purchase such guaranteed loans on such terms and condi-
23 tions as the Secretary may prescribe.
24 (d) The Secretary may utilize the guaranty fund to pay
25 taxes, insurance, prior liens, expenses necessary to make
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1 fiscal adjustments in connection with the application and
2 transmittal of collections, and other expenses and advances to
3 protect the Secretary for loans which are guaranteed under
4 this title or held by the Secretary, to acquire such security
5 property at foreclosure sales or otherwise, and to pay admin-
6 istrative expenses.
7 TITLE IV-~HSCELLANEOUS PROVISIONS
8 SEc. 401. (a) The Secretary shall establish in the
9 Bureau of Indian Affairs an Office of Indian Housing Pro-
10 grams which shall be vested with the primary responsibility
11 for administering the programs created by this Act. The
12 Office of Indian Housing Programs shall be under the super-
13 vision of a Director of Indian Housing Programs who shall be
14 under the immediate supervision of the Assistant Secretary of
15 the Interior for Indian Affairs.
16 (b) The authority to approve applications as provided in
17 section 203, execute project agreements as provided in sec-
18 tion 204, approve loan guarantees under title 1111, and to al-
19 locate and assign personnel of the Office of Indian Housing
20 Programs within the administrative structure of the Bureau
21 of Indian Affairs shall not be delegated below the Office of
22 the Director of Indian Housing Programs.
23 (c) Funds appropriated under authorization of this Act
24 shall include employee costs and other administative ex-
25 penses of the Office of Indian Housing Programs. Annual
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1 appropriation requests for the Office of Indian Housing shall
2 specify the number of employees by location, employee costs
3 and related administrative expenses. Funds made available for
4 such purposes shall not be available for any other purposes.
5 SEC. 402. (a) The Secretary is authorized to provide
6 technical assistance to Indian tribes to assist them in devel-
7 oping tribal housing plans, preparing and submitting applica-
8 tions for financing, and implementing housing programs
9 funded under this Act.
10 (b) The Secretary shall provide for the establishment of
11 a training program to develop an understanding by the par-
12 ticipating families of the respective roles and responsibilities
13 of the tribal housing agency, the Federal Government, and
14 the participants under titles I and II. Such program shall
15 include basic home maintenance training for participating
16 families.
17 (c) Not to exceed 1 per centum of the funds appropriated
18 under authority of titles I and II may be used to provide the
19 technical assistance and training authorized by this section.
20 SEC. 403. The Indian Health Service in the Depart-
21 ment of Health and Human Services shall be responsible for
22 the provision of water and sanitation facilities for houses con-
23 structed, acquired, or rehabilitated with assistance provided
24 under this Act. The Secretary shall coordinate with the Sec-
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1 retary of Health and Human Services with respect to such
2 activities and responsibilities.
3 S~c. 404. All-weather access roads to multiunit proj-
4 ects constructed under this title shall continue to be provided
5 by the Secretary through existing road programs and authori-
6 zations.
7 S~c. 405. The Secretary shall conduct a biannual hous-
8 ing inventory of current Indian housing needs and conditions
9 to be used as a basis for determining housing. assistance needs
10 for the purposes of sections 202 and 203 of this Act. The
11 Secretary shall submit a copy of such inventory to the
12 Congress.
0~
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BACKGROUND ON ILR. 5988 THE "INDIAN HOUSING ACT OF 1982"
H. R. 5988 provides for the creation, in the Bureau of Indian Affairs,
of a comprehensive Indian housing program to provide financial assistance to
Indian families who are otherwise unable to secure adequate housing.
Because of the legal and historical evolution of the special, unique re-
lationship between itself and the Indian tribes, the United States has, over
the years, assumed a responsibility to assist Indian tribes and their members
in obtaining basic human services and meeting basic human needs. The wide
range of economic and social programs made available by the Federal government
to Indian tribes through the Bureau of Indian Affairs, the Indian Health Service,
and other federal agencies have been founded upon this legal and moral obligation.
There are nearly 270 Indian tribes, ranging in size from fewer than a
hundred members to several thousand members, which are recognized by the Federal
government and the members of which are eligible for the many Federal programs.
In addition, there are scores of native villages in Alaska for whom the United
States has a similar obligation. These tribes and Native villages receive little,
if any, financial aid through the states and local government. Except for their
own scarce funds, they are totally reliant upon the Federal government for basic
government needs. Included in those needs is housing assistance.
The service population of the Bureau of Indian Affairs is approaching
1,000,000 people. The Bureau of Indian Affairs estimates that, as of the
beginning of 1981, this population comprises 165,000 families. These families
are living in approximately 136,400 housing units, 59,600 of which are in
substandard condition. Many are two or three room houses of tar paper or like
construction housing 10 or more persons. In some cases, they are no more than
car bodies. 36~o of all Indian families are now living in substandard housing.
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34
Over 43% of Indian housing is in a substandard condition as compared with
only 12% for the rest of the Nation.
The deplorable state of Indian housing derives primarily from three causes.
First, unemployment and poverty is the norn on most Indian reservations. The
overwhelming majority of Indian families exist at or below the poverty level
and unemployment rates of 50% or more are coomon. Indian people simply cannot
afford housing.
Secondly, Indian reservations are remote and geographically isolated.
The general lack of housing in rural America is magnified on Indian reservations.
The general unavailability of mortgage credit in rural areas is an unflexible
rule on Indian reservations. In addition, the support facilities of water,
sanitation, and roads are totally inadequate.
Finally, the trust or restricted nature of Indian lands, both tribal and
individual, make the extension of private credit, even with Federal subsidies
or guarantees, wholly unrealistic.
In 1937, Congress enacted national housing legislation which set as a goal
the attainment of a safe, decent, and sanitary house for all Americans. Com-
prehensive Federal housing assistance programs were developed to achieve that
goal, with a primary emphasis on the housing needs of the urban areas. It was
not until the mid-l960's that Indian tribes were deemed eligible to apply for
this assistance and it was not until the early 1970's that the HUt) Indian housing
program began to be available to meet Indian housing needs.
Since then, Indian tribes arid people have received most of their housing
assistance from the flU)) public assisted housing program. Through February, 1981,
nearly 39,000 units were made available for occupancy from the liii)) Indian housing
program. This primary source of funding has been supplemented by funding from
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35
the BIA's Housing Improvement Program for housing repair and minimal new con-
struction; by minimal financing from BIA's credit program; arid by a few houses
being financed through conventional financing. While serious problems have
been identified in the implementation and administration of the HUB Program
on Indian reservations, it has met Indian housing needs with some degree of
success.
However, the HUB public assisted housing program, including the Indian
program, has been targeted by the Administration for termination. The
Administration has charged that this program, and in particular, the Indian
part, is excessively costly. This is based upon the deep principal and
interest subsidy feature of the HUD program. For instance, the 4,000 units
set aside for Indian housing in the fiscal year 1982 HUB budget requires the
obligation of the United States to $703,000,000 over a 30 year period. This
cost coupled with charges of waste and inefficiency in the program and the
operating subsidies, including utilities and maintenance, has led the Administration
to target the program for elimination. In line with this decision, the
Administration has requested no money for FY 1983 for the program.
H.R. 5988 was developed by the Committee staff working with various elements
of the Indian coimminity and the Federal agencies. It was developed under the
general direction of the Chairman and was based upon the Indian hou~ing oversight
hearing held by the Committee on April 3, 1982.
H.R.5988 establishes programs designed to meet the housing needs of three
identified income levels on Indian reservations. First, the bill gives a statutory
basis to BIA's Housing Improvement Program in order to make housing available to
Indian families who have no ability to pay for their own housing or who, because
of extreme geographic isolation or other extreme circumstances, simply cannot
PAGENO="0044"
36
housing. The HIP program would simply provide these families with housing
by a grant. It is estimated that between 20 to 30 per cent of Indian families
would be in this category.
Title II of the bill would establish a Indian Housing Finance Fund to provide
housing assistance to Indian families who, because of their income level, have
some ability to pay for their housing, but who could not realistically support
a full mortgage payment. Financing would be made available to Indian tribes to
provide housing assistance to its members. Assisted families would be required
to make payments to the tribe based upon their ability to pay. After the
deduction of administrative expenses, insurance premiuns and a maintenance
reserve charge, the balance of these payments would be returned to the Indian
Housing Finance Fund to be available for other Indian tribes. The title imposes
sanctions on both the tribe and the individual for failure to pay. It is
estimated that 60 to 70 per cent of Indian families are in this category.
Title III seeks to provide housing assistance to that 10 per cent or less
of Indian families who have income sufficient to support an average house
mortgage, but who, because of the trust nature of their land cannot get a
mortgage loan. For these families, the bill would provide a Federal guaranty
for their loan.
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37
SECTION-BY-SECTION ANALYSIS OF H.R. 5988
SECTION 1
Section 1 cites the act as the "Indian Housing Act of 1982'.
SECTION 2
Section 2 contains congressional findings and declarations relating to
Indian housing needs.
SECTION 3
Section 3 contains definitions of various terms and concepts of the Act.
TITLE I: INDIAN HOUSING IMPROVEMENT PROGRAM
SECTION 101
Subsection (a) provides for the establishment of an Indian Housing Improvement
Program to make housing grants and assistance available.
Subsection (b) provides that such grants and assistance shall be made
available to assist Indian families of very low income who would not be eligible
for other assistance under this Act or because of extremely isolated circumstances.
Subsection (c) provides that the Secretary can provide such grants or
assistance by direct grants to individuals, through Indian tribes, by contract
with private firms, or directly through the Bureau of Indian Affairs (BIA).
Subsection Cd) provides that, where such assistance is made available
through an Indian tribe, the tribe is authorized, in its discretion, to require
assisted families to pay a small monthly payment to the tribe to be used for
other tribal housing programs.
SECTION 102
Subsection (a) provides that grants or assist~1nce can be used to (1) make
minor repairs to substandard housing for health or safety purposes until standard
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Q
housing can be made available; (2) to make major `repairs or renovations to
existing substandard houses which can be economically placed in a standard
condition; and (3) finance new construction or acquisition of standard housing.
Subsection (b) provides that insurance shall be required for new housing
or housing receiving major repairs unless waived by the Secretary.
SECrION 103
Subsection (a) provides that, where a house constructed, acquired or subj ect
to major repair under this title is located on trust land, the Secretary may
not approve a sale or lease of that land unless the provisions of section 104
are met.
Subsection (b) provides that where such assisted housing is located on fee
lands, the Secretary mist insure that a lien is recorded on such lands noting
the encumbrance of section 104.
SECTION 104
Section 104 provides that a house constructed, acquired, or the subject of
major repair under this title may be sold. However, the Indian family would be
required to reimburse the United States out of the proceeds based upon the value
of the assistance provided reduced 10% each year. In addition, if the house
is located on tribal land, the tribe is given the right of first refusal on
any sale.
SECTION 105
Section 105 authorizes not to exceed $30,000,000 to be appropriated, without
fiscal year limitation for each fiscal year.
TITLE II: INDLAN EK)(JSING FINANCE FUND
SECTION 201
Section 201 provides for the establishment of an Indian Housing Finance
Fund to assist Indian families in financing construction, acquisition, or major
PAGENO="0047"
39
rehabilitation of standard housing for Indian families who are ineligible for
assistance under the guaranteed loan program of title III, but who can contribute
something to their housing costs.
SECTION 202
Section 202 provides that an Indian tribe, in order to be eligible for
housing financing under this title, must prepare and submit a tribal housing
plan to the Secretary for approval and further provides that the plan must
contain certain minimum information.
SECTI~~ 203
Subsection (a) provides for the submission of applications for financing
to the Secretary and notes minimum data required in such application.
Subsection (b) lists non-exclusive factors to be considered by the Secretary
in evaluating and approving applications.
Subsection (c) provides that a tribal application must establish or designate
a Tribal Housing Agency to administer the program.
Subsection (d) provides that the Secretary should encourage, but may not
require, multi-tribal applications where necessary to achieve economy of scale.
SECTION 204
Section 204 provides that, after approval of an application, the Secretary
and the Tribal Housing Agency shall enter into a Project Agreement which sets
out the terms of the housing project.
SECTION 205
Subsection (a) authorizes the Secretary, notwithstanding any other law,
to attach tribal or individual trust funds solely for the purpose of this act.
Subsection (b) requires that the Project Agreement must contain specific
agreement of the tribe that their trust funds will be subject to attachment
PAGENO="0048"
40
if they fail to make payments as agreed and that they must agree to require
families assisted with funds under this title to agree that their funds will
be subject to attachment for failure to make agreed-upon payments
Subsection (c) provides that the Secretary may not refuse to provide financial
assistance solely because a tribe or Indian has no trust funds.
Subsection (d) establishes the procedures the Secretary must follow in
attaching trust funds which provides the tribe or Indian with due process.
SEC~IGN 206
Subsection (a) provides that an initial disbursement from the Finance
Fund can be made under a Project Agreement for start-up costs in an amount not
to exceed $50,000 or 2% of the total. Thereafter disbursements ~euld be based
upon percentage completion of the project.
Subsection (b) requires a separate account to be established by a Tribal
Housing Agency for such funds.
Subsection (c) requires that all housing units under a Project Agreement
to be placed under contract by the Agency within one year with a possible
90-day extension. If they are not, the cost of such units would be returned
to the Fund or credited against the tribe's future allocations from the Fund.
SEO~ION 207
Section 207 provides that the Agency must submit final plans and specifications
for the project to the Secretary for approval 120 days after the initial dis-
bursenient of funds. The plans and specifications must meet minimum requirements
of the Act.
SEOI~ 208
Subsection (a) requires a Housing Agency to obtain either a fee title or
a lease in the lands to be used for housing.
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41
Subsection (b) provides that, if the land is tribal or individual trust
land, the Agency must secure a 25 year lease with option to renew for 25 years.
hhere the land is fee, the Agency must secure a fee title. In each case, it
must be at no cost to the Agency.
Subsection (c) authorizes the Secretary, in certain cases, to permit project
funds to be used for land purchase.
SECTION 209
Subsection (a) provides that the Tribal Housing Agency and an Indian family
approved for assistance must enter into a Housing Assistance Contract, in which
the Agency will agree to provide the requested housing assistance.
Subsection (b) provides that the family shall agree, in such contract, that
it shall make available its lands if requested by the Agency, shall make certain
monthly payments to the Agency based upon its ability to pay in an amount not
to exceed the amortization payment for such house and not less than a certain
minimum payment, shall accept responsibility for utilities and maintenance,
and shall subject the trust funds of adult members to attachment.
Subsection (c) provides that, at the end of the contract period, if the
family is current on its required payments, the Agency will transfer ownership
of the house to the family and the lands will revert to their former status.
Where the lands are tribal trust lands, the house will still belong to the
family and the tribe cannot deny them the use of the land without making an
offer to pay fair market value for the house.
SECTION 210
Section 210 provides that the Project Agreement shall require each assisted
family to make at least a minimum monthly payment which is tO be composed of an
administrative charge to be determined by the Secretary and used by the Agency
for administrative purposes; a premium for insurance; and a contingency reserve
for maintenance determined reasonable by the Secretary. The contingency reserve
18-934 O-83----4
PAGENO="0050"
42
for maintenance is to be deposited in an interest-bearing account to be used
by the Agency, principal and interest, for maintenance perposes as provided
in section 214.
SECTION 211
Subsection (a) provides that the Agreement shall require the Agency to
establish an account for residual receipts which shall be the monthly payment
of the assisted families minus the minimum payment to be retained by the Agency.
Subsection (b) provides that the Agency shall deposit the residual receipts
into the Fund quarterly. Under any Proj ect Agreement, the initial residual
receipt payment shall be as determined by the Agency based upon an audit or as
agreed to by the Secretary. Thereafter, residual receipt payment shall be as
determined by an independent audit.
Subsection (c) provides that payments by an Agency shall not fall below
90% of what is due. If they do, the Secretary shall notify the Agency and the
tribe of such a default and they shall have 30 days in which to rectify the
matter. If they do not, the Secretary may (1) declare the tribe ineligible
for further aid under the title, (2) take any other action which is authorized
by law; or (3) attach tribal or individual funds, as warranted. Attachment of
trust funds can only be done as a last resort.
SECTION 212
Subsection (a) provides that the Agency will be primarily responsible for
establishing necessary monitoring and inspection procedures on any project work.
If the Secretary determines that such procedures are not adequate or are not
being implemented, he is required to take such action to assure that this is so,
including stopping the project.
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43
Subsection (b) imposes an obligation on the Indian Health Service, using
existing resources, to make recommendations on the adequacy ot the Agency's
procedures and implementation.
SECTION 213
Section 213 requires various necessary bonds and liens to be required by
the Agency and its contractors.
SECTION 214
Section 214 provides that the cost of utilities and maintenance shall be
the responsibility of the families and if they fail to maintain the house to
the extent that health is endangered or the value of the house imperiled, the
Agency can use the reserve for maintenance to correct deficiencies. It further
provides that the balance in a family's reserve account, less accrued interest,
shall be theirs at the ~d of the contract period.
SECTION 215
Section 215 provides that Agencies shall let contracts with bidding procedures
satisfactory to the Secretary and would permit them to establish Indian affirmative
action programs.
SECTION 216
Section 216 authorizes the family to sell or purchase a house under this
title, but further requires the family to pay back the balance of the principal
on the amortization schedule of the house, including any deficit the family
may have in their maintenance reserve accounts. The sale price in excess of
that amount is the property of the family.
SECTION 217
Subsection (a) makes provision for the inheritance, devise, or assignment
of a family's contractual interest in the house during the contract period.
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44
Subsection (b) makes provision for abandoned houses to revert to the Agency
for re-assignment.
SECTION 218
Section 218 authorizes the Agencies, if approved by the Secretary, to use
Project funds to provide Indian families with down payments on a housing
mortgage and provides that the amount most be paid bac%-, without interest within
ten years. The døwn payment, exclusive of closing costs, can not exceed 10%
of the cost of the house.
SECTION 219
Section 219 requires a family which could otherwise bear a reasonable mortgage
to obtain evidence of at least two denials of their mortgage loan application
before becoming eligible for assistance under this title.
SECtION 220
Section 220 authorizes the appropriation of $100,000,000 for FY 1983,
$200,000,000 for FY 1934, and such sums as are necessary thereafter to maintain
the Fund at $250,000,000.
TITLE III: INDIAN HWSING GUARPr~TrY FUND
SECTION 301
Section 301 pi~ovides for the establishment of an Indian Housing Loan
Guaranty Fund to guarantee mortgage loans of Indians living on trust lands.
SECTION 302
Section 302 authorizes the Secretary to guarantee not to exceed 100% of such
a loan and provides that such loans may be secured by certain mortgages or other
liens authorized by law.
SECTION 303
Section 303 provides that loans guaranteed shall bear interest as agreed
by the parties, but not more than the Secretary determines is being charged in
the area for other non-guaranteed loans.
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45
SECTION 304
Section 304 authorizes the Secretary to fix charges for guarantees and to
deposit such receipts in the Fund.
SECTION 305
Section 305 provides that applications for guarantees must be sUbmitted
to the Secretary for prior approval and that the Secretary shall issue a certificate
of guaranty only when there is a reasonable prospect of repayment.
SECTION 306
Section 306 provides that a maker of a guaranteed loan can sell the loan
to a financial institution subject to examination by the United States, a state,
or the District of Columbia.
SECTION 307
Section 307 provides that loans can only be guaranteed when made by a lender
subject to the same examination and to loans which mature in not to exceed 33
years; which are not guaranteed by other Federal agencies or made by an Indian
tribe to its members; which provides that the liability under the guaranty shall
decrease or increase as the unpaid portion of the loan fluctuates; and which is
not subject to several limitations and restrictions otherwise imposed by Federal
latq on lending institutions.
SECTION 308
Section 308 provides that, where the Secretary determines that a lender or
holder of a guaranty certificate fails to maintain certain minimum banking
practices, he may refuse to guarantee further loans made by such institution,
but must honor any existing guaranty certificates held by such lender.
SECTION 309
Subsection (a) provides that, when there is a default on a guaranteed loan,
the lender may elect to porsue one of two options:
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46
.{1)~ the lender may initiate apprbpri~te foreclosure proc~e4ings
in a court of competent jurisdiction, with written notice to the Secretary,
and, upon a final order authorizing foreclosure, the lçnder shall be entitled
to 100% of the amount due on the loan from the Secretary. The Secretary
sha1~ be subrogatedto the lender's rights after payment of the guaranty.
(2) the lender may iianediately seek reimbursement from the Secretary
under the guaranty without foreclosure proceedings, but will be limited to
95% of the amount due.
Subsection (b) providus~that the Seetetary, in his discretion, may accept
an assigrmont of the loan from a lender when it is in default if that is in
the interests of the United States. The Secretary shall pay the amount due and shall
be subrogated to the rights of the Thhder.
SubsectiOn (c) provides that all reasonable collection efforts most be used
before rembursemnt is available. Upon such payment, the note must be assigned
to the United States and the lender shall have no further claim against the
United States.
SECTION 310
Section 310 provides that the certificate of guaranty shall be conclusive
evidence of the eligibility of the loan for guaranty and the full faith and
credit of the United States is pledged to the payment, but the Secretary shall
have all the legal defenses against the original lender arising out of fraud
or misrepresentation.
SECTION 311
Subsection (a) provides for the establishment of the Fur~I as a revolving
fund without fiscal year limitation. The Guaranty Fund is to operate separately
from the Finance Fund established by ~tle II and the funds are not to be mixed.
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47
$2,500,000 is authorized for FY 1983; $3,000,000 for FY 1984; $3,500,000 for
FY 1985, 1986, 1987; and thereafter such sunis as are necessary to maintain the
fund at $20,000,000.
Subsection (b) provides that the fund may be used to guarantee loans in
the aggregate amount of not to exceed $400,000,000.
Subsection Cc) defines the assets and liabilities of the (liaranty Fund
and authorizes the Secretary to make agreements to service loans acquired or
guaranteed under this title.
Subsection Cd) authorizes the Secretary to use the fund to make various
required payments such as insurance or taxes, to acquire security property at
foreclosure sales, and for administrative expenses.
TIThE IV: MISCELLANE(XJS PROVISIONS
SECTION .401
Subsection (a) provides for the establishment of an Office of Indian Housing
Programs in the 8ureau Of Indian Affairs to administer housing programs established
by this Act. The Office is to be heeded by a Director subject to the imediate
supervision of the Assistant Secretary for Indian Affairs.
Subsectith (b) provides that certain basic authorities and powers under
the Act and the authority to assign and állotate personnel shall hot ~e delegated
below the Director of the Office of Indian Housing Programs.
Subsection Cc) provides that employee costs and other administrative expenses
shall be paid out of funds authorized by this Act, that the annual appropriation
request for such funds most specify employees, location, and related administra~
tive expenses, and that the funds may not be used for any other p.irposes.
SECTION 402
Subsection (a) authorizes the Secretary to use the Fund to provide technical
assistance to Indian tribes.
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48
Subsection (b) requires the Secretary to establish training programs for
assisted families, including a home maintenance program.
Subsection (c) authorizes the use of not to exceed 1% of the funds for
those pirposes.
S~TICt~ 403
Section 403 provides that the Indian Health Service shall be responsible
for providing sanitation facilities for housing developed under this Act and
that the Secretary shall coordinate his activities with the Secretary of Health
and Hunan Services in this respect.
SECFIW 404
Section 404 requires the Secretary to provide all-weather access roads to
nulti-unit projects under this Act as he currently does for the hiD program.
SECFION 405
Section 405 requires the Secretary to conduct a biannual inventory of Indian
housing and to submit a copy of stEh report to the Congress.
The CHAIRMAN. Before hearing from our witnesses today, I would
like to make a brief comment or two as sponsor of this legislation.
As the witnesses in the Indian community are fully aware, the
Department of Housing and Urban Development under its public
housing program has been the major provider of desperately
needed Indian housing for the last 20 years. While there has been
some clearly justified criticisms of HUD's Indian housing program,
it has done a credible job of meeting Indian housing needs.
I would like the witnesses here today and other concerned par-
ties to clearly understand that I am not proposing the elimination
of the HUD Indian housing program, nor its transfer to the Interi-
or Department.
The bill which I have introduced, H.R. 5988, does not provide for
the elimination of the HUD program or for its transfer to Interior.
If it is possible to continue the HUD program, despite the admin-
istration's firm commitment against it, and if this is what the
Indian tribes want, I will work with them now as I have in the
past.
Nevertheless, the administration is determined to eliminate the
program, according to present indications, and unfortunately they
have a pretty good batting average up here. They have not offered
a clear alternative for Indians, but have floated some vague alter-
natives which, in my judgment, are not realistic in terms of meet-
ing Indian needs.
I understand that there is some tribal skepticism about this bill,
perhaps to the point of opposition. I understand that some of the
tribal housing authorities have been noting opposition, probably at
the urging of some of the regional HUD people.
I would urge the Indian tribes and the leaders of various Indian
organizations to examine very closely the present state of Federal
PAGENO="0057"
49
Indian housing programs and to examine very closely this bill
before they reject it.
Even though we think it is a fine solution to Indian housing
needs on its own merits, it may well be the only alternative that
you have this year.
Mr. Bereuter, do you have any opening comments or remarks?
Mr. BEREUTER. Yes; thank you, Mr. Chairman.
First, I would like to commend you for bringing this legislation
to the attention of the committee and your cosponsorship with Mr.
Williams, Mr. Kildee, and Mr. Santini. It is innovative.
We need to make some changes in Indian housing programs so
that those housing programs can better serve the needs of Native
Americans. -
I am enthusiastic about some parts of the bill, and yet undecided
about other parts. So I look forward to the testimony that we are
going to receive from the witnesses here today and in further as-
sisting you in examining this legislation.
Thank you, Mr. Chairman.
The CHAIRMAN. The gentleman from Nebraska, as I have indicat-
ed previously, has been a true friend of our Indian people and has
been a real stalwart here in our committee this year and in the
Congress trying to develop effective Indian legislation. I under-
stand the misgivings he has and the Support he may or may not
have of various elements of the bill, but we will work together.
Mr. BEREUTER. Mr. Chairman, if you will yield, it is not misgiv-
ings at this point, just uncertainty.
The CHAIRMAN. I understand.
We will work closely with you as we try to develop some alterna-
tive programs this year.
We are going to hear today from some of the national Indian or-
ganizations, and we will begin first with Mr. Elmer Savilla, who is
executive director of the National Tribal Chairmen's Association.
Mr. Savilla, we are delighted to have you with us again, and we
would be pleased to hear from you.
[Prepared statement of Elmer Savilla may be found in appendix
I.'
STATEMENT OF ELMER M. SAVILLA, EXECUTIVE DIRECTOR,
NATIONAL TRIBAL CHAIRMEN'S ASSOCIATION
Mr. SAVILLA. Thank you, Mr. Chairman.
Mr. Chairman and members of this committee, it is a pleasure to
be able to provide you with the views of the elected leadership of
the federally recognized tribes on this important proposed legisla-
tion which, if enacted, would provide the tribes with the means to
work toward meeting the needs of adequate housing.
But before continuing in my testimony, I would like to express
our deep appreciation to the entire committee staff for their efforts
in developing this proposed bill.
Mr. Chairman, it has only been slightly more than 10 years since
the Indian tribes have been able to take advantage of the public
assistance housing program, but it was during this same period
that other types of community development programs were made
available to tribes.
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50
The resultant surge in reservation development did encourage a
migration or return of relocated urban tribal members who had
longed to return home. Consequently, the need for adequate hous-
ing stayed at a high level, and the HUD-operated Indian program
has not, since then, been able to meet the still serious deficiency of
reservation housing stock.
In the fall of last year, it was made known that the administra-
tion and HUD would seek to phase out the Indian housing program
and proposed, instead, to use a form of block grant and a voucher
system for housing programs on reservations, and while there have
been some persons who purported to speak for the tribes and had
endorsed the use of block grants and vouchers, I would like to
make it crystal clear here that the Tribal Chairmen's Association
does not now and has never endorsed that concept.
The Indian Housing Act of 1982 would provide a much more de-
sirable and fair alternative. So contrary to administration hyper-
bole, block grants would not allow a greater flexibility in meeting
local housing needs, and, instead, we believe would create addition-
al problems.
There are other reasons why block grants for housing are not
feasible, and rather than go through the liturgy of those, which I
think you know, it is our hope that this committee will encourage
the Congress to provide a continuity of housing construction.
In January of 1982, the Board of Directors of NTCA declared
that the National Tribal Chairmen's Association has patiently and
diligently and in good faith worked for a recognition by the admin-
istration of the need for a continuation of the HUD Indian housing
program, and in spite of meetings and conferences, the administra-
tion has forged ahead with their own plans to eliminate the Indian
housing program.
Additionally, the NTCA called upon the administration to con-
vene a meeting to discuss a mutually agreeable plan for Indian
housing, but to this date we have received no reply to our request.
So we must now assume that our pleas and requests have fallen
on deaf ears, which are aggravated by a lack of concern.
Therefore, it is encouraging to us to be presented this opportuni-
ty to discuss with you today this proposed act. It is, to us, a shining
ray of hope in an otherwise dark future.
The recommendation of the National Tribal Chairmen's Associ-
ation is that this committee move for passage of this bill in the
Congress.
However, while recommending the bill, we do have several condi-
tions, naturally, that we wish to address. Our first concern is that
the construction of Indian housing should not be stopped, and if
the legislation is enacted, it is likely that there could still be a con-
siderable time lapse before the program could actually be operable
within the BIA.
We think it is obvious that the BIA now has more operational
problems than they can presently manage. While we will pursue
efforts to convince the administration to continue the HUD Indian
program for at least 1 more year as a stop-gap measure, we feel
that the act should contain language that would, number one, man-
date that the Secretary should meet a timetable for program start-
up.
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51
Two, provide for an appropriation of advanced funds specifically
for skeleton staffing to develop regulations, develop operational
and administrative plans, and to insure as much as possible that
problems which were inherent in the HUD operations would not
occur in this program.
If proper care and planning occurs, then the program could be
fully operational according to a timetable.
We feel that such language would be helpful in convincing the
administration of the feasibility of a 1-year extension of the HUD
program.
To continue, we ask that section 3 under 5 be amended to read,
and I will not go through that, but the language that we propose is
the same as contained in Public Law 93-638, which is the Indian
self-determination language. This is the same language in Public
Law 93-638, and the definition of "Indian," et cetera, would not
differ from the established and congressionally accepted meaning.
It is our goal that all Indian-oriented legislation should be con-
sistent in this area.
Section 3 under 9(u), (iii), and (iv) should be amended to reflect
the use of the U.S. Uniform Code for heating, plumbing, sewers,
and electrical rather than the ambiguous reference to local codes,
which could conceivably lead to local jurisdictional problems, espe-
cially in those States subject to Public Law 83-280.
The U.S. Uniform Codes now offer minimum standards which
are accepted in many rural areas.
Section 3 under 11 would be deleted as it is covered in section
3(5) amendment above.
Title 1, the Indian housing improvement program, it would seem
consistent with the intent of the act to have housing assistance
under this title, that is, section 101, to flow through the tribal gov-
erning body or, if designated, the tribal housing agency.
Section 101 under (c)(3) provides for the Secretary to bypass the
local authorities, that is, the tribal agency or the tribal council,
and to contract with private construction firms. We recommend
that this authority should remain with the tribal government or
their tribal agency.
Section 103(b) provides for a lien to be placed on fee land,
making it subject to foreclosure and sale. This seems to be highly
unnecessary for repairs to a dwelling and could be detrimental to
Indians, especially in the State of Oklahoma, where there are no
reservations.
We recommend that the term "major repairs" be defined as cost-
ing over $10,000. In a case of foreclosure, whether on fee land or on
tribal land, the tribes should have the right of first refusal, and
that is under section 104 and provides for right of first refusal only
on tribal lands.
Continuing to title 2, the Indian housing finance fund, in section
203(c), it should be made clear that it is the intent of the act, in our
view, that the tribal housing agency should be directly responsible
and answerable to the tribal government in all matters.
In the HUD program, a major problem developed because of the
autonomy practiced by many Indian housing authorities and which
seemed to be encouraged by HUD in many cases. When troubles
PAGENO="0060"
52
erupted and when scapegoats were identified, the bottom line was
that the tribal governments were ultimately responsible.
Therefore, this act should be explicit in where the authority and
responsibility lies, and that is with the tribal government.
During 1981, the greatest improvement of problem Indian hous-
ing authorities were those where the local tribal goverment reas-
sumed or asserted their operational control.
Section 205, we believe, needs more in-depth study and research.
This deals, of course, with the question of the Secretary being al-
lowed to attach tribal trust funds, and I believe that the committee
assumed that there would be some controversy over this, and there
is.
The idea of mortgaging the tribe's trust funds is a new idea
which the tribes will probably not accept readily, even to build
houses. On the face of it, we would reject the provision of allowing
the Secretary to attach trust funds, especially because the act is
not yet explicit as to what remedies can be employed before the at-
tachment would take place.
Generally, even State laws allow procedures which give the
debtor, in some cases, up to a year to redeem. So we request that
we be allowed to submit a more detailed statement and recommen-
dation on this crucial issue at a later date.
The Chairman. We would welcome that. We are going to try to
develop some alternatives, some amendments and modifications,
and the specific kinds of things you are giving us now are very val-
uable, and we will take a look at them and work with you to see if
we can put some consensus together.
Mr. SAvIu~A. Thank you.
In section 215 of title 2, in accordance with local self-determina-
tion and the stated federalism philosophy of greater local control,
it seems only proper that the tribal government should have the
authority to approve an affirmative action plan, not the Secretary.
So we recommend that the words "the Secretary" be stricken
and replaced with "the tribal government."
Title 3, the Indian housing loan guarantee fund, while we are in
favor of establishing a program under this title, we suggest that it
might not be adequately funded at the proposed levels for fiscal
year 1983 through fiscal year 1987. The $2.5 million for fiscal year
1983 would provide approximately 50 houses nationwide at an esti-
mated $50,000 each and approximately 75 houses for the other
years. Administrative overhead would reduce this accordingly.
For the obvious reason of administrative cost versus results, it
would seem that a larger appropriation request would be more
cost-effective. I realize that a budget conscious Congress might
frown on this, but it does not seem to make good sense to operate a
program which only builds 50 houses nationwide each year.
Therefore, we recommend that the appropriation request be at
least doubled for each of the funding years and until the fund bal-
ance of $20 million can be maintained.
Mr. Chairman, this concludes my testimony on this subject
today, but before I leave, I do want to leave with you and your
committee the best regards and appreciation from our President,
Chief Phillip Martin, and from our board of directors, who are all
PAGENO="0061"
53
duly elected tribal chairmen, for your past and present concern
and consideration for Indian affairs.
Thank you.
The CHAIRMAN. Thank you very much.
I intended to announce earlier in my opening statement that we
are planning to move ahead fairly rapidly on this matter. It seems
that many of the Indian tribes and some of my colleagues want to
have field hearings. We will have at least one field hearing. We
have set the date of the 24th of April in Rapid City for a field hear-
ing on this matter. I wanted to announce that to the folks here
today and to my colleagues.
Mr. Bereuter?
Mr. BEREUTER. Thank you, Mr. Chairman.
Mr. Savilla, I want to thank you very much for your testimony
on - this matter. The kind of specific recommendations that you
have made here, in addition to your general comments, are really
most welcome. That is exactly what we need.
I guess the last thing that you said struck me as something that
I need to comment on first, and that is your concern about the $2.5
million, I think that concern is perhaps based on a misunderstand-
ing.
That $2.5 million is not money to be used for home construction.
It is the fund for loan guarantee purposes. The construction funds
will come from the private sector, and this $2.5 million is the
backup at the Federal level for the guarantees of that money.
So I would hope maybe you could take a look at that in that light
and see if we have not made that clear. We need to make that
clear to everybody.
The CHAIRMAN. Would the gentleman yield?
Mr. BEREUTER. I would be pleased to yield.
The CHAIRMAN. I am told by staff that $2.5 million in authoriza-
tion will support about $80 million of actual housing construction
loans. With a little bit of money you can support many loans from
the private sector.
Mr. BEREUTER. That is exactly right. I was not sure of the
amount, and I appreciate the chairman bringing that specific
amount into the discussion.
Going back to the beginning of your testimony, you made some
comment about the definition of "tribe" on page 5. Under that defi-
nition only federally recognized tribes would be recognized for
housing assistance.
Do you think that State recognized or non-federally recognized
should be eligible for assistance under this bill?
Mr. SAVILLA. No; the answer to that question, of course, is no.
The federally recognized tribes believe that any trust responsibility
that the Federal Government has is to the federally recognized
tribes and their tribal members.
Of course, tribal members, wherever they may live, could include
urban areas, but the State recognized and nonrecognized tribes, of
course, it is obvious that they are eligible under other titles of
Farmers' Home, and so forth, FHA and the other general public as-
sistance, if there is one.
But the answer to your question would just be a no.
PAGENO="0062"
54
Mr. BEREUTER. All right. In your comments a few minutes ago,
you addressed yourself to what I think is a very real problem, and
that is occasional divisiveness between the tribal housing authority
and the tribal council itself.
If the tribal council were to designate itself to administer the
housing assistance provided under this bill, do you see any prob-
lems with the question of liability to suit in the event of an alleged
breach of contract by the tribe?
Mr. SAVILLA. No; I do not. I think that has to be answered prob-
ably in two parts. No. 1, the tribal governments themselves now re-
alize that they cannot operate successfully a program and at the
same time operate or take care of the tribal business, and they
have been delegating these responsibilities to other groups.
So I do not think they would undertake operating a housing pro-
gram by themselves. I have had this indicated to me by several of
the tribal chairmen.
Second, I do not think it would pose a problem because they are
able to give a limited waiver. In fact, myself, I have used this limit-
ed waiver in construction of a local water and sewer project. So in
order to get it built, we did have to give that limited waiver, and I
do not see any problem there.
Mr. BEREUTER. This bill, as I understand it, does not address
itself specifically to such a limited waiver, but you feel that it is
unnecessary at this point?
Mr. SAvILLA. Yes.
Mr. BEREUTER. I guess the major point of concern with your testi-
mony would be with respect to the recommendations you make
which come down to matters of tribal autonomy, and I understand
why you feel as you do on that.
But we are faced with the situation where, for example, in the
State adjacent to my own we have had so many problems with
tribal councils being able to supervise adequately the kind of con-
struction that is taking place under existing programs and a great
difference in capacity among tribes.
So I would look for any kind of further elaboration on your argu-
ments with respect to your comments on title 1 with respect to the
local authority's ability to contract with private construction firms,
and section 215 where you prefer the striking of the word "Secre-
tary" and replacing it with "tribal government."
I guess I would welcome any kind of encouraging or additional
support for your concerns in that area, and to eliminate some of
the concerns that I might have based upon some of the record we
have had with various housing authorities.
HUD witnesses have said that a major concern of HUD Indian
housing programs has been excessive development costs. As intro-
duced, this bill does not set any maximum development cost limita-
tions. In your view, should your bill specify maximum development
cost limitations?
Mr. SAvILLA. No; I do not think so. It is addressed in one section
of the act, let's see, where it addresses the matter of the cost of a
house should be judicially determined. I do not recall the exact
words right now. I do not find it right away, but it is mentioned
somewhere where the cost of the house shall be reasonable.
PAGENO="0063"
55
As we know, the inflationary cost each year, it is hard to even
estimate what a house is going to cost you this time next year, and
by putting a limit on it, it might be causing more problems than
are needed.
Mr. BEREUTER. I know that you are testifying, Mr. Savilla, on
behalf of the association, but if I could ask you to make your com-
ments based on your experience in your own tribe, do you have any
rough idea about what portion of the Indian families on your own
reservation or in other areas adjacent to it would be eligible for as-
sistance under title 2 and title 3?
I am not sure I understand which tribe you are a member of,
first of all.
Mr. SAvIu~. The Quechuan Indian Tribe. It is near Yuma, Ariz.
Mr. BEREUTER. Could you address yourself to that particular situ-
ation then, as an example?
Mr. SAVILLA. Sure. Under titles 2 and 3, of course, there probably
would be on my reservation about a third, I think, of the people
that might be able to, as the head of the families, might be able to
qualify under titles 2 and 3.
Mr. BEREUTER. Now, in contrast, what would be your estimate of
families on that reservation that could receive assistance under the
Federal Housing Administration or the Farmers' Home Adminis-
tration, currently?
Mr. SAvILI~. Probably a quarter.
Mr. BEREUTER. That is high maybe for some areas, but perhaps
not for the Yuma area.
Mr. SAV1LLA. Yes; we are fairly close to a sizable city. For the
other outlying reservations, the figure would be lower, of course.
Mr. BEREUTER. What are the duties of the Indian Housing Au-
thority with respect to the HUD projects that are completed on a
reservation now, as you understand it?
Mr. SAvILr~. The housing authorities, as I understand it, were to
do all those things that a normal business does, which are collec-
tions and payments and seeing to upkeep, education of the home-
owners to maintenance, the whole realm of things that a normal
homeowner has to put up with. The housing authorities were to
make sure that the Indian homeowners learned these things, and
that all these issues were taken care of.
Mr. BEREUTER. The chairman is being generous with my time,
but I would ask you finally to comment and generalize on what you
think the major points of strife are between Indian housing au-
thorities and tribal councils where such strife exists from time to
time.
Mr. SAVILLA. The major difficulty between the housing authori-
ties and the tribes stems from a lack of communication and the
wish for autonomy. The housing authorities would have preferred
to work without strings attached to them, but the point I would
like to bring out on that matter is that there is nothing wrong with
that, as long as all parties agree that the tribal governments have
the ultimate responsibility for debts, repayments.
Therefore, the oversight responsibility, some housing authorities
refuse to allow that oversight, and that is my main point.
The CHAIRMAN. Aren't most of them appointed by the tribal
council or the tribal chairman?
PAGENO="0064"
56
Mr. SAVILLA. Yes; but they are appointed by the tribal councils,
but on many reservations, politically, they tend to lose control.
Mr. BEREUTER. It sounds like mayors and city councils to me.
The CHAIRMAN. Yes; I have the same reaction.
Mr. BEREUTER. Thank you, Mr. Chairman. Thank you.
The CHAIRMAN. Thank you, Mr. Savilla. We appreciate your
helping us out today here.
Mr. SAVILLA. Thank you, Mr. Chairman.
The CHAIRMAN. We will now hear from Mr. Roy Cleveland of the
Navajo Tribal Housing Authority.
Yes, sir, you may proceed.
[Prepared statement of Roy J. Cleveland may be found in appen-
dix I.]
STATEMENT OF ROY J. CLEVELAND, EXECUTIVE DIRECTOR,
NAVAJO TRIBAL HOUSING AUTHORITY; ACCOMPANIED BY
JOHN SCHUELKE, COUNSEL
Mr. CLEVELAND. Mr. Chairman and members of the committee
on Interior and Insular Affairs, I sincerely appreciate the opportu-
nity to appear today before this committee.
My name is Roy J. Cleveland. I am executive director of the
Navajo Housing Authority. I have with me members of the board
of commissioners and our legal counsel, John H. Schuelke, is sit-
ting to my left.
Before I go into my statement, Mr. Chairman and members of
the committee, I would like to state for the record that the Pueblo
de la Laguna in New Mexico have requested that we submit a
statement for them; likewise, the Laguna Housing Authority.
The CHAIRMAN. All right. We have those statements, and they
will be a part of our record.
[Prepared statement of Pueblo of Laguna and Pueblo of Laguna
Housing Authority may be found in appendix I.]
Mr. CLEVELAND. Thank you, Mr. Chairman.
We are pleased to be invited to present our position with respect
to the proposed Indian Housing Act of 1982. Our presentation will
be by way of comments and recommendations to the specific sec-
tion of the proposed act.
Comment No. 1, there are no provisions for public rental in the
proposed act.
Recommendation, the present public rental program should be
continued with adequate funding to properly address the needs or
the proposed act should be expanded to accommodate public rental.
Comment No. 2, the proposed act does not address the existing
HUD public housing programs which exist in most Indian commu-
nities.
Recommendation, the HUD Indian housing assistance programs
should be continued with sufficient funding to finalization or the
act should make provisions to properly handle the present HUD
program.
Comment No. 3, the act fails to make reference to present laws
applicable to labor standards, Davis-Bacon wage requirements, af-
firmative action programs, Indian preference, archeological clear-
PAGENO="0065"
57
ance, environment statements, contract preference_and other
present restrictions.
Recommendation, since the act requires the Indian tribe to build
a certain number of houses to acceptable, minimum property
standards for the gross dollar amount, each tribe should be given
the authority to determine which of the present requirements
should apply to the particular tribe.
Comment No. 4, the act makes no provision for scattered-site
housing in remote areas. It requires plumbing and utilities systems
for each dwelling unit, which eliminates scattered-site housing as
being too costly.
Recommendation, the act should relax the minimum property
standard in certain exceptional cases to allow construction of
dwelling units in remote areas. This could be accomplished by uti-
lizing other systems of waste disposal and heating.
Comment No. 5, the minimum family size per dwelling provided
in the act section 395 appears to be directly related to the dollar
allowed for each unit, for each dwelling.
Recommendation, if the dollars allowed per unit are related to
the family size per dwelling, then the minimum dwelling size
should be increased by 33 ~/s to 50 percent.
Comment No. 6, title 1, Indian housing improvement program of
the proposed act expands the present BIA housing improvement
program, HIP, and proposed funding not to exceed $30 million in
each fiscal year, beginning in fiscal year 1983.
Recommendation, the present BIA budget for HIP programs is
$23 million. The $30 million per year is totally inadequate for this
program. The majority of the people proposed to be served under
this program do not have financial ability to pay. Any charge
would create a hardship, not an assistance.
Therefore, any requirement of payment by individuals should be
eliminated.
Comment No. 7, title 1, Indian housing improvement program,
section 104, allows the sale of houses under the proposed act.
Recommendation, the proposed act should restrict the sale to
persons or entities first approved by the tribe to preserve the land
status and the control of the lands.
Comment No. 8, title 2, Indian housing finance fund is an appar-
ent attempt to replace the present HUD mutual help, rehabilita-
tion and modernization programs. Section 203 of the proposed act
requires submittals of preliminary drawings and specifications with
program applications, but fails to provide funding for the prepara-
tion of such before approval of the application.
Recommendation, preliminary funding should be available to
Indian tribes to prepare the necessary submittals to present with
the application.
Comment No. 9, sections 205 (a) and (b) of the proposed act em-
power the Secretary of Interior to attach individual or tribal trust
funds held by United States in the event an individual or tribe fails
to meet its financial obligation.
Recommendation, include suitable provisions to protect due proc-
ess requirements and lessen the harsh sanction imposed by the pro-
posed act.
18-934 O-83---5
PAGENO="0066"
58
Comment No. 10, section 205(c) prevents the Secretary from
rejecting an application because an individual or tribe has no trust
funds.
Recommendation, this section is patently unfair to individual or
tribes with trust funds. It should be changed to treat everyone in
the same manner. No trust funds should be subject to attachment.
Comment No. 11, the entire sanction provisions of title 2 are
very severe. Lessen the severity of the sanctions proposed in the
act.
Comment No. 12, section 212(b) requires the Indian Health
Service to monitor construction inspection.
Recommendation, the tribe should be responsible for monitoring
inspection of construction. This would eliminate the cumbersome
interdepartmental agreements and replace the responsibility with
one agency.
Comment No. 13, section 213(b) requires a contractor perform-
ance bond.
Recommendation, require a contractor to provide a 100 percent
performance and payment bond from a bonding company on the
approved Department of Treasury list of such companies. Also re-
quire all other insurance and bonding now required in the present
HUD housing construction programs.
Comment No. 14, section 220 provides for funding limitation
of $100 million in fiscal year 1983 to eventually reach a level of
$250 million.
Recommendation, the funding request is grossly inadequate. The
HUD funding request for fiscal year 1982 is $703 million. $600 mil-
lion is a more reasonable and necessary amount.
Comment No. 15, title 3, Indian housing loan guarantee fund,
under this title of the proposed act, there would be established
a loan guarantee program under which the Secretary of the In-
terior would guarantee loans to private sources with procedure
for foreclosures.
Recommendation, these programs should remain with HUD and
Agriculture, Farmers' Home. BIA does not have the technical capa-
bility in housing insurance. This would establish a new bureaucra-
cy for a function already provided.
As an alternative, establish an Indian housing direct loan pro-
gram in HUD, expand the Farmers' Home program or devise a pro-
gram which does not involve the land in the guarantee.
Comment No. 16, section 309 provides for foreclosure in the
court of competent jurisdiction in the event of default.
Recommendation, require the foreclosure in the tribal court. If
there is no tribal court, then a court of competent jurisdiction.
Comment No. 17, title 3 speaks of foreclosure which implies
taking the incidence of ownership through legal proceedings from
one and transferring it to another.
Recommendation, land is the basis of Indian culture. We suggest
land should not be involved in such proceedings. Perhaps land
could be eliminated from the guarantee program and trust the loan
guarantee would be adequate security.
Most tribes now have forcible entry and detainer laws which
could be utilized.
PAGENO="0067"
59
Comment No. 18, section 311 establishes guarantee fund
maximums and limits the aggregate outstanding principal amount
guaranteed by the Secretary.
Recommendation, create a realistic funding level of at least $50
million. Remove the restriction on the aggregate principal amount
the Secretary may guarantee.
Comment No. 19, title 4, miscellaneous provisions, section
403 requires the Indian Health Service, IHS, to be responsible for
the provision of water and sanitation facilities.
Recommendation, one agency should have the responsibility for
the entire program. To involve IHS would, again, require a cumber-
some triagency agreement which is objectionable.
Comment No. 20, section 404 requires all weather access
roads through existing programs.
Recommendations, the funding for such roads should be ear-
marked for access roads to housing projects only.
In conclusion, Mr. Chairman and committee members, we have
operated a public housing program since 1963. We believe this pro-
gram could be less costly and more efficient with proper modifica-
tion.
The Navajo people comprises almost one-fifth of the entire
Indian population. We are very concerned about the continuation
of our housing program. Approximately one-half of the entire
Indian population resides in the States of California, Nevada, Ari-
zona, and New Mexico.
We respectfully request a further hearing in respect to Indian
housing programs be conducted in either Albuquerque, Phoenix, or
Las Vegas, and that the delegated tribal representative be allowed
to present testimony rather than other national Indian organiza-
tions who do not represent the rural, grassroot tribal members.
Thank you. Respectfully submitted, Roy J. Cleveland.
Thank you, Mr. Chairman.
The CHAIRMAN. Thank you, Mr. Cleveland.
What is the current reservation population of the Navajo?
Mr. CLEVELAND. 152,000, plus.
The CHAIRMAN. Plus what?
Mr. CLEVELAND. Plus 864, I believe it was.
The CHAIRMAN. As the housing authority for the tribe which is
the biggest, most numerous in the whole country, obviously you
have a great stake in what we are doing here and the programs we
are considering. Could you give me just a quick kind of summary of
your housing authority, the Navajo Housing Authority?
Last year, how many homes did you fill and hOw many rentals
do you have? What is your budget? Give me a general outline of
the size of your housing program operated by the Navajo Housing
Authority.
Mr. CLEVELAND. Mr. Chairman, currently the Navajo Housing
Authority has approximately 2,525 units under managment. Ap-
proximately half of that is mutual help and the other half is public
rental.
Currently we have 661 units under construction; 1,366, I believe,
are under various phases of development. Last year we had com-
pleted approximately 200 units.
PAGENO="0068"
60
The CHAIRMAN. How badly is your construction program going to
be affected if we do not do something, if present law applies at
present appropriations levels?
Mr. CLEVELAND. Right now, we are told that the HUD could
deobligate themselves on the 1,366 units that is currently under
the various phases of development. If that should be the case, Mr.
Chairman, that would mean that we would lose another 1,366 units
that is already under planning, and that would hurt us tremen-
dously.
On our reservation, each dwelling unit, the average family per
dwelling unit is about five persons. So if that happens, you are
talking well over 6,000 families or people that will be without
homes.
The Navajo Reservation at the present time has a housing need
of 10,519 units.
The CHAIRMAN. Are the units you have built and are operating,
are they pretty well scattered among the Navajo places or are they
concentrated in Window Rock and Tuba City and some of your
major population centers?
Mr. CLEVELAND. They are in the subdivisions, most of your major
dense population areas, as you mentioned, Window Rock, Keyanta,
Tuba City, Chin Le, and areas like that for the simple reason that
in those locations, water and sewer, electricity and other power
sources are more readily available than in the remote areas.
The CHAIRMAN. Mr. Bereuter.
Mr. BEREUTER. Thank you, Mr. Chairman.
Mr. Cleveland, thank you for your testimony. Some of the points
that you make here, I think, are very important to us and would
help us refine the legislation.
We have the problem, of course, of dealing with Indian tribes
with such diverse capacities in their housing authority programs,
and I suspect yours, based upon the size of the tribe and the good
things I know about how you run your business, is certainly one of
the best in the country.
I would say that I gather there is not much about the bill that
you like. That is the impression I get. I think if we accepted all of
your objections, we would not have a bill we could move through
the Congress.
Some of the things you are suggesting are clearly out of tune
with the direction of things in this country, and we simply could
not move it through, and I would hope that there would be a gener-
al recognition that Indian housing programs in this country have
been very poorly run, in general, and I am not talking about the
Indian tribes; I am talking about the administrative structure up
here in Washington and the regional offices; and that there is de-
clining support for them in the Congress, and that we need to
make some fundamental changes.
If we do not, we are simply going to have fewer resources for
Indian housing programs, and I guess I would encourage you to
take a more positive and politically realistic look at some of the
recommendations you are making here because if we do not accept
some of these changes, we are just not going to have a housing pro-
gram for Indians in the future.
PAGENO="0069"
61
I welcome any kind of comment you might want to make in re-
buttal or in response on that.
Mr. CLEVELAND. Mr. Chairman and members of the committee,
we felt that the bill in itself is a positive measure. Our recommen-
dations are something that we feel should be included in the bill.
We, the Navajo Nation, have a great interest in our land. Many
people feel that we have a large piece of real estate, but if you
really come down to it, we have a large number of people which
need a large area to live in.
So based on these reasonings, Mr. Chairman, we did not mean to~
be critical, but we felt that these are the things that will have to be
addressed, and again, I apologize if the statement appears to be
very critical. It was not intended. It was merely recommendations.
Mr. BEREUTER. Let me be specific at the risk of offending some
people. The idea of us putting Davis-Bacon wage requirements in
any kind of legislation and moving it through this Congress is not
realistic today. The reverse is true. We are taking it out systemati-
cally.
I think there is some confusion, too, about the HUD appropri-
ation and what period of time that covers.
Staff tells me that for fiscal year 1982 we are talking about 4,000
units under the HUD $703 million. That is over a 28-year period, to
be specific.
The high cost of the HUD program is one reason why we are
looking at some way of getting the private sector involved in pro-
viding funds for Indian housing.
I must say that you have a much higher opinion of the Farmers'
Home Administration in dealing with housing programs than I
have, and they are extremely active in my State.
I have nothing but administrative and bureaucratic grief with
them. They are not able to handle that program there. Their
agents are not atuned to housing. Even their specialists are not
atuned to housing.
So I think you overstate the kind of assistance and expertise that
the Farmers' Home Administration has in some parts of the coun-
try, at least, and I know we all have different experiences.
I want to end on a positive note by saying some of the recom-
mendations that you make here are very helpful and certainly are
on point, and they bring up things that perhaps we had not
thought about. Thank you. -
Mr. CLEVELAND. Thank you.
The CHAIRMAN. Mr. Cleveland, let me ask one additional ques-
tion here. I notice on your letterhead that the main office of the
Navajo Housing Authority is in Window Rock, and you list project
offices, seven or eight of them on the side of your letterhead, which
is the cover sheet of your testimony here.
How many employees do you have total in Window Rock, and
then if you could give me' an idea of the aggregate number for the
other project offices listed? How many employees are there cur-
rently?
Mr. CLEVELAND. The Navajo Housing Authority currently em-
ploys 123 persons. Out of the 123, approximately 45 persons are sta-
tioned in Window Rock, and the remaining are stationed in the
various suboffices that we have as listed on the letterhead.
PAGENO="0070"
62
The CHAIRMAN. Just an average then, you have six, eight, or
nine in each of these project offices?
Mr. CLEVELAND. In each of these project offices, yes, sir.
The CHAIRMAN. All right. I guess that is all I have. Thank you
very much for being with us today.
Mr. CLEVELAND. Thank you, Mr. Chairman and members of the
committee.
The CHAIRMAN. We will now hear from Mr. Ron Froman of the
National American Indian Housing Council.
[Prepared statement of Ronald Froman may be found in appen-
dix I.]
STATEMENT OF RONALD FROMAN, BOARD MEMBER, NATIONAL
AMERICAN INDIAN HOUSING COUNCIL
Mr. FROMAN. Thank you, Mr. Chairman.
The CHAIRMAN. Thank you, sir, and you can proceed.
Mr. FROMAN. Mr. Chairman and members of the committee, we
are pleased to testify on the Indian Housing Act of 1982.
First, the National American Indian Housing Council would like
to express our deep appreciation to you and the other members of
this committee for your support over the years on our behalf. We
are especially thankful for your assistance this last year in dealing
with the 1982 HUD housing appropriations.
Absent your efforts, it is our firm belief that the HUD Indian
housing program would have suffered an early death, and who
knows how many Indian families would have suffered as a conse-
quence.
We feel your concern further manifests itself in the Indian Hous-
ing Act of 1982. The act is a daring, innovative and cost-conscious
concept, while at the same time, long overdue, and you are to be
commended.
For the last year we have seen a critical examination of the
HUD Indian housing program with the professed goal of making
the program more cost-effective, more simple, and improving the
program's integrity.
As so often is the case, it is easier to criticize, but much more
difficult to do something about it. To accomplish these goals, appar-
ently HUD is proposing a program based primarily on section 8
voucher type of system under the handle of certificates.
We consider this totally unrealistic since such a program de-
pends upon the availability of existing rental units, which we all
know are simply not available in Indian areas.
In addition, the certificate program, in our opinion, would be
more complex and more costly than the present HUD program.
The Indian Housing Act of 1982 shows that the committee has
maintained the history of the Indian housing effort. To paraphrase
a famous quote, congressional committees who do not study their
history are doomed to repeat it.
Well, it is quite evident that there is no danger of that occurring
with this act. For the first time, we have a proposed Indian housing
program designed for the special needs of Indians and not an aber-
ration of some existing urban program.
PAGENO="0071"
63
The need for such a program has been well documented by past
testimony. We commend the committee for taking into account the
past testimony and incorporating such into the act.
We believe this act accomplishes those goals mentioned above.
This act consolidated the program into two agencies, requiring the
same authorizing and appropriations committees. No longer will
we have to deal with the much criticized triagency agreement or
the myriad of congressional committees.
Also, the Congress will not be put into an embarrassing posture
of one agency requesting funds, the other agency requesting no
funds, with the Indians and the field bureaucrats trying to make
sense out of it all.
The present HUD Indian housing program requires 16 separate
committees. This alone will make this act much simpler to admin-
ister.
The revolving loan fund established by title 2 of the act will
result in diminishing financial involvement of the Federal Govern-
ment and is in tune and makes more sense in these times of dimin-
ished resources. It also answers one of our major concerns of a
long-term commitment of the trustee.
Why shouldn't we make the payments made by the Indians work
for the program, as well as the taxpayers?
Section 206 of the act may cause many tribes to have reserva-
tions about risking their trust funds in the event of nonpayment.
Without question, this section will greatly enhance the program's
integrity. Of greater importance to us, no longer will one tribe op-
erating its program effectively suffer the consequence of another
tribe's transgressions.
Put simply, only the tribal government itself has the authority to
carry out its responsibilities, and where they do not, then only that
tribe alone should suffer the consequences and be held accountable
to its tribal members.
Ultimately, the long-term economic development impact of the
act may be its most meaningful feature. Low income housing alone,
by definition, limits its impact upon economic development activi-
ties. Housing opportunity for a broad range of incomes and eco-
nomic development are synonymous. Absent one or the other, nei-
ther can go forward with any assurance of success.
Today, economic development and the resulting jobs are woefully
lacking in Indian areas. This act, if passed, will finally put in place
the basic ingredient so vital to this activity and heretofore absent.
The inclusion of rehabilitation as an eligible item under all titles
of this act will lower the unit cost and will enable the tribes to
house more people than thought possible with the same amount of
money under the HUD Indian housing program.
No longer will a $10,000 to $20,000 problem result in us razing a
house and building a $50,000 house in its place. All of the forces,
such as maximum payment, lower payments on rehabilitated
houses and simplicity of program design, work towards a more judi-
cious use of Federal funds.
This act does not give the Indians an open checkbook. Section
405 requires the Department of Interior to report to the Congress
biannually a housing inventory. This has never been required. The
PAGENO="0072"
64
inventory will greatly assist the Congress in determining need and
the subsequent appropriations necessary to meet that need.
Section 405 will also assure, as far as is possible, a fair allocation
of housing resources to the tribe.
In conclusion, we stand ready to assist the committee in this en-
deavor. If ultimately we fail and no housing program remains, the
lifestyle of the reservation will remain bleak and may become in-
tolerable. We hope we are not reverting to that forgotten area of
Federal Indian policy many of us refer to as benign neglect.
That concludes my statement, and I would be glad to answer any
questions.
The CHAIRMAN. Thank you for a very excellent statement.
Mr. Bereuter.
Mr. BEREUTER. Thank you, Mr. Chairman and Mr. Froman,
thank you very much for illuminating some of my concerns about
the direction or nondirection of Indian housing programs in the
future. Your last few comments, I think, summarized my concerns
and the need to look closely at something innovative.
I would like to get specific with you concerning development
costs. HUD witnesses have said a major concern with the Indian
housing programs run by HUD has been exceSsive development
costs.
As introduced, this bill does not set any maximum development
cost limitations. In your view, should the bill specify maximum de-
velopment costs limits; and if so, why; if not, why not?
Mr. FROMAN. I am not sure it should. I think you have to look
back as to what caused maximum development costs.
Under the HUD program, we had a maximum number of units
that we could build for the dollars allocated. Under this act, we
have a minimum amount of units that can be built for the dollars
allocated.
In years past, under the HUD program, x number of dollars
would come out to a tribe to build, say, 100 units, whatever it was,
and if the tribe, after they went through the whole process, if there
was any money left on the table, it went back. So all the forces
under the HUD program were to spend the money.
Mr. BEREUTER. There was no incentive.
Mr. FROMAN. There was never any incentive for a tribe to maxi-
mize the units and the dollars because they could not do it. It was
forbidden.
Under this act, we are talking about a minimum number of units
that has to be built. There is no maximum. Under the HUD pro-
gram, you had a maximum that could be done under the dollars.
So what HUD testifies to is correct. The concerns over the life of
the program were the excess development cost. Bear in mind that
throughout the region of the country under the HUD program, ev-
erybody knew exactly how much money they got at the time the
units were allocated to them. So a tribe would go to an architect
and say, "Here's how much money I've got. Design me 100 houses."
The architect says, "Well, my fee is 7 percent." The architect is
not going to leave anything on the table. He is going to design a
house to get 7 percent of the total money up front. He knew what
he was going to get from the beginning.
PAGENO="0073"
65
This program does not work that way. So we are talking about
reversing the forces, and in the part in my statement where I say
all the forces of this act will be worked for a more judicial use of
the funds, that is my firm belief.
Now, we would not necessarily have any objection to setting a
maximum. Maybe there should be. I am not sure, but I think the
forces of the thing are such that the marketplace will work and we
get it done.
Mr. BEREUTER. Thank you. I think your comments on that are
very well taken. My limited experience certainly bears them out.
On pages 4 and 5 under the definition of standard housing in sec~
tion 395, there are minimum unit size requirements laid down, but
there are no maximum size limits per unit.
HUD officials have cited Indian pressure for, quote, larger than
necessary dwelling units as a factor leading to the higher cost.
From your experience, would you comment on the need, if any,
for including maximum dwelling sizes in the bill? Could you also
comment on what has been described as Indian pressure for larger
than necessary housing units?
Mr. FROMAN. I think I just finished that comment. The whole
comment of the thing is that if you have the next number of units,
you know, if you specify the minimum number of units that has to
be done, you have prior approval with the program itself now. That
can be handled at that stage.
Now, maybe we would be too trusting of the persons operating
the program.
Mr. BEREUTER. Are you saying that the tendency was then to in-
crease the size of the dwelling, as opposed to using it in other
areas?
Mr. FROMAN. You could not use it in other areas. You could not.
Mr. BEREUTER. You could not use it?
Mr. FROMAN. So you increased the size of the unit. You increased
the prerequisite of that unit. In other words, in many cases I think
some of the tribes have built basements and so forth and so on, and
this was an idea. HUD had maintained a size limit.
Mr. BEREUTER. Rather than changing housing materials, con-
struction materials.
Mr. FROMAN. Changing or fixing a square foot maximum for so
many persons in and of itself does not hold down ~development
costs, because we could go in with a gold plated toilet, for instance,
or what have you. So the square foot cost alone will not or the
square foot maximums alone will not hold down cost. It will help,
but by itself will not do it.
Mr. BEREUTER. I have a copy here of HUD's minimum property
standards, and indeed, they are very, very detailed. Do you~ think
this bill should require the use of these minimum property stand-
ards?
The bill provides for waiver of its minimum standards. Do you
think we should even reference the HUD standards, or should we
specifically suggest that something else may be appropriate? What
is your opinion on the minimum property standards?
Mr. FROMAN. I will go back to the comments that we have heard
over the years from various members of the tribes, and that is, No.
1, they do not like the minimum property standards because it
PAGENO="0074"
66
deals in bedroom sizes and so forth, and to many of the tribes this
has created a heck of a problem in some of the northern areas
where some of the tribes like open housing, for instance. They like
open structures within the system.
It also has created a monstrous problem in the beginning in
Alaska. The minimum property standard in Alaska, it was a mon-
strous problem in the beginning, and finally after they operated up
there for 6 or 7 years, they finally recognized that the MPS was a
problem for them, and about 3 to 4 years ago-my dates may be
wrong, but it was no longer than that-they finally got a waiver on
MPS so that it would allow them to build up there because the
MPS in Alaska and in cold regions and so forth is just simply im-
practical. It does not make any sense.
Mr. BEREUTER. Thank you.
I would say to the chairman and for the record here that looking
back to my experience in January, I met first with the people from
HUD's Honolulu area office before visiting our trust territories and
the flag territories out there.
The people in the Honolulu office have been trying for years in
the course of three administrations to get approval on waiving the
minimum property standards. Nobody is willing to put his name on
the line, and therefore, we continue, contrary to the best advice of
the HUD people in Honolulu, to build housing in our trust territor-
ies and in our flag territories, like Guam, which is extremely ex-
pensive, inappropriate for the climate, inappropriate for the cul-
ture.
We have provided waiver opportunities for them, but nobody
wants to put his name on the line on the waiver. So we have to do
something else, it seems to me, besides providing some weak kind
of waiver provision that nobody is willing to use.
I think there are some things in that situation that are very rele-
vant to what we are proposing to do for Indian housing, and I
wanted to bring that example to the attention of the committee.
The CHAIRMAN. I thank the gentleman.
Mr. BEREUTER. I thank you for your testimony.
Mr. FROMAN. Thank you.
The CHAIRMAN. Thank you, sir.
Mr. FROMAN. Mr. Chairman.
The CHAIRMAN. Yes.
Mr. FROMAN. I would like to ask the committee's indulgence for
just a few minutes. I talked with the chief last night, and he asked
me if I could to make a few comments. It will only be a short state-
ment, if I could please.
The CHAIRMAN. All right. We are going to run out of time here
in a little, but go ahead.
Mr. FROMAN. All right.
The Creek Nation, in speaking in their behalf, stated that if they
had a choice between the continuation of the HUD public housing
program or this bill, that they would take this bill for the following
reasons.
One is that they feel that they have run the program according
to Hoyle, and yet that is not taken in account, and they are going
to be suffering under some of the transgressions of other tribes,
and so forth, as far as the maximum development cost, as far as
PAGENO="0075"
67
the management of those programs, and they want to be held ac-
countable on their own merit, and they feel that many people will
suffer because of what has transpired.
M~ny good employees will, but ultimately it will be the Creek
Indian himself living in the blackjack that is going to suffer.
Thank you.
The CHAIRMAN. Thank you, sir.
Now we will hear from Mr. Gene Thompson of the Cherokee
Tribal Housing Authority.
[Prepared statement of Gene Thompson may be found in appen-
dix I.]
STATEMENT OF GENE THOMPSON, EXECUTIVE DIRECTOR,
CHEROKEE TRIBAL HOUSING AUTHORITY; ACCOMPANIED BY
NATHAN YOUNG, DEPUTY DIRECTOR AND COUNSEL
Mr. THOMPSON. Thank you, Mr. Chairman.
The CHAIRMAN. Thank you, sir. You may proceed.
Mr. THOMPSON. On my left is Nathan Young, the deputy director
and legal counsel.
We want to thank, Mr. Chairman, the committee for giving us
an opportunity to speak in regard to the Cherokee Nation Housing
Authority of Oklahoma.
Our area of operation is in 14 counties in northeastern Oklaho-
ma. At the present we have 3,600 units. That includes 2,200 mutual
help, 1,000 low rent, and approximately 600 section 8.
We have on record 2,500 unsolicited applications for housing, and
we serve 42,000 Cherokees in this area, and which 75 percent of
these homes are substandard, and 20 percent of all the adult males
are unemployed, and 50 percent of the adult males working make
less than $5,000 annually.
We have been dug at, more or less, by HUD by saying that we
have high cost of management and construction cost. I am speak-
ing with regard to the Cherokee Housing Authority.
We just completed 220 units with the average cost of $41,200,
which is much less than what has been quoted before, and in the
last 2 years, we have reduced our staff by 25 percent, and we real-
ize that on accounts receivables, which a lot of digs have been
made that we had to do something on our own, in January of 1980,
our accounts receivables were 39 percent, and we attacked it like a
business matter, and we are down to 6 percent for accounts receiv-
ables averaged in the last 9 months.
We have gone over the bill, and we like the idea of putting the
responsibility on to the tribe, and which we consider an improve-
ment over the HUD programs because of their overregulations, and
also we like on the bill the unification of all three phases, the
rehab, the HIP program and revolving funds and the loan guaran-
tee.
Also, we like the ability to monitor these programs by having
annual audits, and by having moneys, we will be able to increase
the number of units by having competitive bids, and what we are
planning on doing is called force account building.
Some of the changes in the bill we would like to see is to recom-
mend that the housing authorities with the ability to have a force
PAGENO="0076"
68
account system and the BIA personnel, we recommend that they
would consider hiring some HUD personnel who have had the ex-
pertise in the building. There are some good HUD people.
We do urge that you consider this bill because the need is far
from being met in our community.
Thank you.
The CHAIRMAN. Thank you, sir, for your statement.
Mr. Bereuter?
Mr. BEREUTER. Could I defer? I am trying to catch up here, Mr.
Chairman.
The CHAIRMAN. Without objection, we will have your full state-
ment put in the record. I have glanced over it, and it looks like you
have some very good material and some very specific suggestions,
which are welcome.
Mr. THOMPSON. Thank you, Mr. Chairman.
The CHAIRMAN. Hold it just a minute. Mr. Bereuter is getting his
act together here.
Mr. BEREUTER. I am getting my act together.
Mr. THOMPSON. Yes, sir.
Mr. BEREUTER. Thank you, Mr. Chairman.
I appreciate very much your comments about force accounts. I
think that language regarding force accounts would be an addition
to the bill that probably would be a good idea.
Would you elaborate on this method, and could you suggest spe-
cifically what language we might include in the bill? Perhaps you
might want to do that at a later point.
Mr. THOMPSON. I would prefer a later point on that. I will have
this guy handle it.
Mr. BEREUTER. I understand we are talking about the use of
tribal personnel, for example.
Mr. THOMPSON. Yes, sir.
Mr. BEREUTER. Not necessarily members of any official entity of
the tribe, but simply using your own labor resources, your own
equipment to make a contribution toward that.
Mr. THOMPSON. That is correct.
Mr. BEREUTER. Do you feel that is something that would not now
be provided by the bill as written?
Mr. THOMPSON. Yes; we feel like it should be more specific to
bring this out.
Mr. BEREUTER. Would you limit it to equipment and time of
tribal council employees or would you try to open it up to equip-
ment that might be provided by individual members of the tribe
and time of individual members of the tribe that might be hired for
that purpose?
Mr. THOMPSON. We would have to talk to the principal chief on
that, but at present on our force account and the ones that we
have, the tribe is involved on different phases of it, but also we do
have competitive bidding on subcontractors and this type of things;
their expertise, and we feel that we can construct the houses for as
much as 15 to 20 percent less.
Mr. BEREUTER. There are many precedents in Federal programs
for the use of force accounts, but in all those instances that I am
familiar with, a specific statutory provision must be provided to use
force accounts.
PAGENO="0077"
69
For instance, in the old HUD open space land program, it was
specifically authorized in the statutory language. Cities and coun-
ties made exceptional use of force account to meet their share of
the total project cost, and I think the taxpayer was the beneficiary.
So I welcome your recommendation on this and would look for
specific suggestions for bill language.
Mr. THOMPSON. OK.
Mr. BEREUTER. Thank you.
Mr. THOMPSON. Thank you, Mr. Chairman.
The CHAIRMAN. Our last witness today is Mr. Harold Wilson,
Housing Assistance Council.
[Prepared statement of Harold 0. Wilson may be found in appen-
dix I.]
STATEMENT OF HAROLD 0. WILSON, EXECUTIVE DIRECTOR,
HOUSING ASSISTANCE COUNCIL, INC.
Mr. WILSON. Thank you, Mr. Chairman.
The CHAIRMAN. Thank you, Mr. Wilson. We have your state-
ment, and it will be made part of our record, and we would be glad
to hear any comments you may wish to make.
Mr. WILSON. Thank you very much.
I would like to make a brief summary statement of the remarks,
of the written statement, that you have.
First, I would like to introduce Ms. Virginia Spencer on the staff
of the Housing Assistance Council, who is an Indian housing spe-
cialist with our organization.
I would like to thank you for the opportunity to appear before
the committee and express our views on the current legislation,
and let me commend the committee for your excellent work on
behalf of the Indian communities and for your timely consideration
of this bill.
There is no other group in our Nation more in need of housing
assistance than American Indians, and it is a well documented fact
that they suffer the lowest incomes, the fewest economic and edu-
cational opportunities, the highest mortality and morbidity rates,
and the worst housing of any group in the United States.
Almost half of all Indians live in substandard housing conditions,
which wreak a terrifying emotional and social toll on their lives,
resulting in expenses to society far beyond the cost of providing
decent housing assistance.
As you are aware, the administration response to this condition
has been the proposed elimination of the Indian housing program
and zero funding for the Indian Health Service water and sanita-
tion facilities program.
Programs that are being suggested in their place, as you have al-
ready heard this morning, are totally inappropriate for Indian res-
ervations.
We would like to strongly urge that the Indian housing program
be preserved at a minimum yearly level of 4,000 units. Even
though the program has had its problems, it has developed over
40,000 badly needed units of housing and developed and supported
a housing delivery structure that is crucial to Indian communities.
PAGENO="0078"
70
If it is not possible to keep this program, however, then we
strongly urge the passage of the Indian Housing Act of 1982 as a
viable alternative.
In fact, Mr. Chairman, I would like to suggest that Indians need
all of the resources that they can muster at the present time, and
both programs would certainly not represent too much assistance
to Native Americans in our society today.
In this context, let me highlight a number of the recommenda-
tions made in our written statement. First of all, we would like to
make sure and suggest that the act not exclude Indians from being
eligible for other federally assisted housing programs. In spite of
the fact that the Farmers' Home Administration program has not
been completely successful or effective on Indian reservations, we
would like to make sure that this program is not considered the
only program that Indians would be eligible for, and I am sure the
committee had nothing of that in mind, but we wanted to make
that statement anyway.
Second, we would like to suggest that the assistance provided by
the program be extended to those Indian tribes that are only State
recognized at the present time. They are eligible currently, as I un-
derstand it, for the HUD programs, and we would like to under-
stand that all of the Indians eligible for the HUD programs would
also be eligible under this program, as well.
In addition, we would like to recommend the addition of a provi-
sion for operating expenses should that become necessary or possi-
ble under this act. We have a concern under title 2 that the pro-
gram might not be able to reach the very low income American In-
dians on reservation, and we would like to see within the bill at
least the possibility of providing a deeper subsidy to those Indians
perhaps some time in the future.
In addition, we would like to suggest that there be some kind of
limit or cap set for the administrative charge, which is to be a part
of the minimum payment. We would like to see the committee put
some thought into what kind of charge that ought to be and what
level it ought to represent.
We also suggest that under the definition of housing, that stand-
ard housing would mean a dwelling in a condition which is decent,
safe, sanitary, and perhaps the addition of the words "modest in
size and design" so that it then meets the following minimums that
are set out in the bill.
In conjunction with that, to assist in keeping development costs
down, it might also be possible for the bill to strongly suggest that
prototype projects be designed with plans, with specifications, with
quantity takeoffs and so forth, and suggested to applying entities in
order to cut down both time and cost in the development process,
and those obviously would be promulgated under a modest in size
and design category.
Finally, we would recommend that the preliminary planning and
administrative fund that is disbursed be limited to around 2 per-
cent of the total fund amount. I think some guide needs to be put
on the amount of money in the total fund that is going to be used
for planning, preliminary planning, and administrative disburse-
ments.
PAGENO="0079"
71
You certainly do not want a major portion of the fund to be used
for simply planning.
I would like to also mention and reiterate what Ron Froman
stated, that we are very pleased to see that this program is a pro-
gram designed with the Indian community in mind.
Housing Assistance Council works in rural communities across
the United States, and as he indicated, most of the programs that
we see used in rural communities are urban designed programs
that have been changed a little bit and forced to work in rural
communities. We are very pleased to see this committee design a
program for the cultural and rural needs of the Indian community.
Let me again commend the committee for your concern, and I
know you are aware the House Housing Subcommittee has recom-
mended retaining the Indian housing program, and perhaps be-
tween their effort and your effort there will be the capacity to con-
tinue to serve American Indians with some form of housing assist-
ance in the years to come.
Thank you very much.
The CHAIRMAN. Thank you very much. We appreciate the good
work your organization does, and we will try to work with you as
we develop some legislation this year.
Mr. Bereuter?
Mr. BEREUTER. Thank you, Mr. Chairman.
Mr. Wilson, your comments are very helpful.
What was the comment you just made, however, about the House
committee on what has approved what?
Mr. WILSON. It is my understanding that the Gonzalez bill does
contain a provision to continue the Indian housing program.
Mr. BEREUTER. But that is a bill that has been introduced. It is
not a committee bill.
Mr. WILSoN. That is correct.
Mr. BEREUTER. As far as any action taken on it.
Mr. WILSON. I stand corrected on it, Mr. Chairman. There at
least a bill being suggested there that continues the program,
yes, sir.
Mr. BEREUTER. Your recommendation No. 9 about bonding
sounds good but have you looked at the practical problems of the
cost of bonding of tribal and agency officials?
Sometimes it is really impossible to get these officials bonded.
We have that problem occasionally with elected State officials.
Mr. WILSON. Yes; we understand that.
Ms. SPENCER. We just suggested that the bonding be expanded a
little bit to cover people for the residual receipt and maintenance
reserve account, and it is not a large amount. The bonding lan-
guage is already in there for the initial disbursement of .$50,OIJO,
but over time it could be that the maintenance reserve accounts, 10
years down the line, could be quite large, and I think you would
want to protect the people who are working there and protect that
account.
I know it is not easy to get fidelity bonds sometimes.
Mr. BEREUTER. You are requiring it though by the language that
you suggest.
Ms. SPENCER. We are just offering an amendment.
PAGENO="0080"
72
Mr. BEREUTER. I know, but this amendment would require the
bonding of such officials.
Ms. SPENCER. Yes; but it is required in the bill now for the initial
disbursement amount. We are just suggesting two minor additions
to that.
Mr. BEREUTER. I think I see.
How do either one of you feel about the applicability of mini-
mum property standards to units to be constructed under either
title of this act?
Mr. WILSoN. I think that we feel in this situation the minimum
property standards are probably inappropriate.
Mr. BEREUTER. Inappropriate?
Mr. WILsoN. Inappropriate. There need to be some kinds of
standards, minimum shelter standards or some kinds of standards,
used to guide the development of the projects, but I think we would
have some concern about the application of the minimum property
standards.
Mr. BEREUTER. What do we hitch our wagon to then with respect
to the minimum property standards' replacement, whatever that
might be, as minimum shelter requirements? Do you know of an
appropriate standard that we might reference in the legislation or
should we develop one in the course of requiring Interior to move
ahead with this program if the bill is enacted, or what do you rec-
ommend?
Mr. WilsoN. Yes; go ahead.
Ms. SPENCER. The standards that are in the bill now represent
the standards from the Bureau's HIP program, and I think they
are tried and true in Indian country. Hopefully, and we mention in
our testimony that it is only a minimum, and we are concerned
about quality design and energy efficiency and the ease of mainte-
nance.
Mr. BEREUTER. So you think they would be sufficient to utilize?
Ms. SPENCER. Yes.
Mr. WILSON. I would assume they would need some expansion
and some work, however.
Mr. BEREUTER. Thank you.
How do we justify the proposed additional language in the rec-
ommendation number seven, "modest in size and design"? What
can you say to us that will be helpful in defending the possible in-
clusion of those words?
Mr. WILSON. The reason we came up with those words is simply
the fact that we were trying as we talked about the bill, we were
trying to get a sense of what would be built, and we have had an
awful lot of experience in construction with the Farmers' Home
Administration.
The Farmers' Home Administration uses that language as a
guide in their requirements, and our sense has been that that has
worked fairly well across the United States in the development of
the types of housing that Farmers' Home builds.
If you used "modest in design" and then developed, as Farmers'
Home has done in the past, some prototype plans, some prototype
specifications that would go with "modest in design," then I think
that would be a way of defining what one would mean by
"modest."
PAGENO="0081"
73
Mr. BEREUTER. A few minutes ago Mr. Cleveland made some sug-
gestions which relate to the autonomy issue and who should have
contractual responsibilities, for example, for moving ahead with
title 2 programs, and he would prefer the tribal council as opposed
to the Secretary. What are your feelings about that?
Mr. WILsoN. I think that we would probably defer to the tribal
councils and defer to the housing authorities in terms of who
should be responsible for those contracts.
Mr. BEREUTER. On a case-by-case basis, or are you saying in gen-
eral it should be the tribal authority that is contractual agent?
Mr. WILSON. No; I think that in terms of my answer to that, I
would defer to their knowledge of the situation. I think the only
thing that I would add on that is that there ought to be-I do not
know what the experience has been with force accounts in terms of
contracting and using local construction crews to do work, but I
would like to offer some suggestion that the committee look, again,
fairly strongly at the possibility of allowing force account activities
to take place on reservation.
Mr. BEREUTER. Force account, of course, comes from the tribal re-
sources or the tribe would regulate, I suppose the word would be,
the force account from individual members of the tribe, and there
you would have no check on whether or not force account is being
used appropriately.
Doesn't this really require some sort of supervisory, regulatory
role for the Secretary or some other entity outside of the tribe
when they use force accounts, because it is an opportunity for great
abuse and great savings at the same time, depending on how it is
used?
Mr. WILSON. Yes; it is an opportunity. It is an opportunity for
both, but I would simply suggest that the committee take a good
look at the history of force account, and the cost savings and the
type of employment that could be created on reservation might
well warrant that activity.
Mr. BEREUTER. One more question I have. You recommend that
the titles 2 and 3 be applicable to State recognized tribes, and that
would include State recognized tribes that are not also federally
recognized tribes. This whole act is based upon the Secretary's
trust responsibility to the federally recognized tribes. So you are
proposing to take the Secretary out of his normal trust relationship
role when you open it up to State recognized tribes.
How do you justify that?
Mr. WILSON. I think we approach that simply from a position of
equity in the sense that if this is designed to replace the mutual
help and the low rent programs that HUD currently administers,
then how is one going to care for the other tribes that are recog-
nized and can use that program?
Mr. BEREUTER. I cannot speak for the authors of the legislation,
but I guess it is my understanding that this is not necessarily a re-
placement for existing Indian housing programs, although it may
be come to be seen by some as a replacement. We are not sure.
Thank you, Mr. Chairman.
Thank you for the answers.
The Chairman. That concludes our hearing this morning, but
before we adjourn, I wanted to include in the record a statement of
18-934 O-83--6
PAGENO="0082"
74
Chairman Peter MacDonald of the Navajo Tribal Council discuss-
ing this legislation and giving his position on it, and that will be a
part of our hearing today.
[The prepared statement of Peter McDonald, Navajo Tribal
Council, referred to above may be found in appendix I.]
The CHAIRMAN. I think we have had a good start here, and I
think we are well on the way, if we keep our momentum, to getting
something done this year. We are going to make a good try.
We thank you all for coming.
[Whereupon, at 11:30 a.m., the committee was adjourned, sub-
ject to the call of the Chair.]
[Additional material received on today's hearing may be found
in the general appendix.]
PAGENO="0083"
INDIAN HOUSING ACT OF 1982
WEDNESDAY, APRIL 14, 1982
HOUSE OF REPRESENTATIVES,
COMMITTEE ON INTERIOR AND INSULAR AFFAIRS,
Tucson, Ariz.
The committee met, pursuant to notice, at 1:30 p.m., in Salon D,
Doubletree Hotel, 445 South Alvernon Way, Hon. Morris K. Udall,
(chairman of the committee) presiding.
The CHAIRMAN. This is a special hearing of the House Committee
on Interior and Insular Affairs, and the committee will be in order.
Today is the second day of hearings on H.R. 5988, providing for a
comprehensive Indian housing program in the Bureau of Indian Af-
fairs.
Our committee began hearings on this bill April 1. On April 24, a
couple of weeks from now, Congressman Pat Williams of Montana,
will chair a field hearing on this same bill to be held in Rapid City,
S. Dak. We will have a final day of hearings on April 29, in Wash-
ington, D.C., and after that I hope maybe we can sit down and find
a consensus and go to work on actual legislation.
I realize that hearings on this bill have been greatly expedited
and that many of the tribes have had little time to fully formulate
a position on the bill. However, if the programs established by this
legislation are to be eligible for funding in fiscal year 1983, we are
required by the Congressional Budget Act to have the bill reported
from the committee by May 15, so I think you can see that we
don't really have much time, and that if we are going to do some-
thing, we ought to move along.
I recognize there are some people who are not yet convinced of
the need for doing anything but at least we are going to see if we
can develop a consensus on that issue.
Today we are going to take testimony from what I hope will be a
representative cross section of Indian witnesses from the South-
west.
Before going to the witnesses, I wanted to make a brief comment
as the sponsor of this legislation.
As the witnesses in the Indian community are fully aware, the
Department of Housing and Urban Development, through its
public housing program, has been the major provider of desperate-
ly needed Indian housing for the last 20 years.
While there have been some clearly justified criticism of the
HUD Indian housing program, in many respects it has done a
credible job of meeting Indian housing needs and I certainly don't
view these hearings or my bill as some attack on the total failure
(75)
PAGENO="0084"
76
of HUD housing; It has had some good programs and it has done
some good things.
I want the witnesses here today and other concerned parties to
clearly understand that I am not proposing elimination-I empha-
size that-I am not proposing elimination of the HUD Indian hous-
ing program or its transfer to the Interior Department.
The bill I've introduced, H.R. 5988, does not provide for the elimi-
nation of the HUD program and it does not provide for its transfer
to Interior. If it's possible to continue the HUD program, despite
the administration's firm commitment otherwise and if this is what
the Indian tribes want, I will work with them now, as I have in the
past.
Nevertheless, the administration is determined to eliminate the
program and they have had a pretty good batting average in this
area, unfortunately. They have not clearly offered any alternative
for Indians, but have floated some vague alternatives that I don't
think are realistic in terms of meeting Indian needs.
I understand there is some tribal skepticism about this bill, per-
haps to the point of opposition. I understand that some of the tribal
housing authorities have been noting opposition, some of them
clearly at the urging of regional HUD people, who are worried
about some of these programs being taken from their jurisdiction.
So I would urge the Indian tribes and leaders of Indian organiza-
tions to examine very closely the present state of Federal Indian
housing programs and to examine very closely this bill before they
reject it. Even though we think it is a fine solution to Indian~ hous-
ing needs on its own merit, it may well be the only alternative that
you have.
I'd simply like to add one other thing. I talked with my staff, and
particularly Frank Ducheneaux here, 5 or 6 months ago, after we
had held a number of hearings on Indian problems generally. I said
I didn't think that we were going to be able to get through the Con-
gress in an election year, 1982, very many major changes in Indian
programs. I said to Frank Ducheneaux, "What could we do? What
is achievable that would have the most impact and maybe give our
Indian people the most help of all these programs that are under
fire and under attack and either being eliminated or cut back dras-
tically?"
He talked and I talked to a number of Indian leaders and knowl-
edgeable people and we both came to the same conclusion, that
housing was the area; that if there was one place we could do
something that might stand a chance of getting by the battle of the
budget, that it would~ be in the housing area. So this is the origin
and history of this bill which we drafted and the bill that we're
going to take testimony on today.
Interest in this legislation is shown by the presence here today of
a lot of people from both House and Senate Indian staffs.
Let's identify the staff people who are here.
Ms. YOUNGBIRD. Marilyn Youngbird, with Senator Domenici's
office.
The CHAIRMAN. Glad to have you with us.
Ms. BOYLAN. Virginia Boylan, with the minority staff of the
Senate Select Committee on Indian Affairs.
PAGENO="0085"
77
Mr. JACKSON. I'm Mike Jackson. I am with the minority staff on
the Interior Committee.
Ms. BROKENROPE. Debbie Brokenrope, of the Interior Committee
staff.
Mr. MAHSETSKY. Mike Mahsetsky, Senate Select Committee on
Indian Affairs.
The CHAIRMAN. Frank Ducheneaux, I identified earlier as staff
director for Indian matters on my committee.
All right, let's go to work.
The first witness today is Ms. Harriet Toro, council member,
Papago Tribe, a very talented and able lady and a person whom-i
have had the pleasure of working with and talking to on these pro-
grams.
[Prepared statement of Harriet Toro may be found in appendix
II.]
STATEMENT OF HARRIET TORO, ON BEHALF OF THE PAPAGO
TRIBE OF ARIZONA
Ms. T0RO. Mr. Chairman, my name is Harriet Toro, a member of
the Papago Council, who has been delegated as the official repre-
sentative to speak on behalf of the Papago Tribe at these hearings
on the Indian Housing Act of 1982.
This bill is to provide for an Indian housing program, for con-
struction and financing of housing for Indians, and for other pur-
poses.
We would not like to take a position for or against the bill at this
point, although we endorse the concept of the bill. We cannot en-
dorse the total bill until further clarification is obtained on certain
sections.
One concern is whether or not the Bureau can manage a housing
program along with its other duties, and will it be handled like all
other 638 contracts and their hangups in paperwork?
Mr. Chairman, the Papago Tribe has experienced numerous ob-
stacles and barriers set up by the BIA that sometimes make it
almost impossible to operate under or complete our 638 contracts.
Also consideration should be given that many tribes do not relate
well to the BIA.
Although there are some questions on specifics on all three titles,
title II poses the biggest question from our tribe and many others.
We are asking for more clarification on the extent of a tribe's
commitment of their trust moneys. The objection to this section is
almost unanimous.
Also, could there be clarification on what happens to tribal land
if a family or tribe defaults on any contract?
Many tribes also feel that this bill infringes on its tribal sover-
eignty. More clarification would be helpful.
Mr. Chairman, we agree on the concept of this bill, but there are
some requests that we feel should be made.
No. 1, the 4,000 units that were allocated and now face a possibil-
ity of being rescinded be given to Indian Housing for 1982.
No. 2, that housing be kept under HUD with modifications.
No. 3, that support be given to this bill if HUD does pull out of
Indian housing.
PAGENO="0086"
78
No. 4, that the record remain open for at least 30 days to enable
the Papago Tribe time to file additional written comments in
regard to H.R. 5988. Thank you.
The CHAIRMAN. Thank you very much.
With regard to your last request, let me say that the record will
be kept open. Today is the 14th. If we're going to beat the budget
deadline of May 15, we probably ought to hold you to 20 days, so
any witness here, any person here, who would like to extend views
or give us further information or opinion on this legislation will
have 20 days from now, which is roughly May 4 or 5. We will keep
the record open for an additional 20 days, and we-would welcome
comments you might have on this.
Also, all of the statements that are presented here today, includ-
ing yours, will be made a part of our official record and I will en-
courage all of the witnesses to tell us what's on your mind and
your heart and get down to basics. If you have a lengthy statement,
you may wish to summari2e it.
Ms. ToRo. Thank you very much.
The CHAIRMAN. Let me ask Mr. Ducheneaux to comment on
something here.
You expressed this concern to me when we talked the other day
and it's mentioned in your statement: What happens to tribal land
if a family or tribe defaults on any contract?
This has caused a good deal of concern. What were the argu-
ments on this and why did we put it in there, after talking to dif-
ferent groups?
Mr. DUCHENEAUX. Mr. Chairman, where an Indian tribe, only has
tribal lands upon which to build housing or if they choose to build
their housing on tribal land, the bill requires that the tribe give a
lease on the tribal land for 25 years with an option to renew. This
is not different than the current HUD program. HUD also requires
the tribe to give a lease on the tribal land.
The tribal land would remain tribal in a default situation. It
would just mean that for the period of the lease, whoever fore-
closed or whoever took the land would have that lease.
At the end of the lease period, the land would revert back to
tribal ownership just as any other lease of tribal lands.
The CHAIRMAN. You were concerned about that, Harriet. Does
that answer your question or make you any more comfortable?
Ms. ToRo. Yes; I was and we are concerned about it, but still we
felt we should include that, as well as some of the other comments
that we have already submitted to you.
The CHAIRMAN. Let me say to my friends at the table here, it has
been the rule. of the House Interior Committee, as Michael and
others know, that questions are asked only by Members of Con-
gress. I understand they have a different practice on the Senate
side sometimes.
I have only a limited amount of time this afternoon, but I am not
going to enforce that rule. If there are really important things you
think we are missing here with the witnesses, give us your opinion
or maybe ask a question or two, but I want to move along at a
fairly rapid pace here.
With that, anybody want to comment or have a question for Har-
riet?
PAGENO="0087"
79
[No response.]
The CHAIRMAN. If not, thank you very much.
Ms. ToRo. Thank you.
The CHAIRMAN. Mr. Anselmo Valencia, executive director of the
Pascua Yaqui's is our next witness. An old friend of mine and a
good leader of his people. We are delighted to have you with us
today.
[Prepared statement of Anselmo Valencia may be found in ap-
pendix II.]
STATEMENT OF ANSELMO VALENCIA, DIRECTOR, ADMINISTRA-
TION FOR NATIVE AMERICANS, PASCUA YAQUI TRIBE, TUCSON,
ARIZ.
Mr. VALENCIA. Thank you, Mr. Udall, ladies and gentlemen.
The CHAIRMAN. We're scheduled to come out to your place to-
morrow or the next day and look at some of your housing and
other problems.
Mr. VALENCIA. Yes, sir.
I submitted a lengthy testimony attached to my first statements
that I sent in to the Intertribal Council.
I would just like to add that the bill is very, very satisfactory,
although it does contain some wordings that need clarification for
a lot of us Indians.
I would like to stress the point, though, that as far as the Yaqui
Tribe is concerned, we would like to be funded directly to the tribe
because in your visit you will see that we can prove to people-to
anybody-that we have built sturdy, well-insulated, well-inspected
houses, four-bedroom houses, for $29,000, with a labor cost of
$1,300, as compared to contractors who build houses where labor
costs them $17,000 to $20,000 plus, and at $50,000 to $56,000 a
house.
If the Indian tribes learn the HIP program, or really self-help, I
mean family-by-family self-help, we would lower that price down
to, I would venture to say, $35,000, depending, of course, on the
ever-rising cost of materials.
Anyway, I would venture that Indian tribes could build very
good housing for $30,000, and save our poor people who most of
them are on some kind of public assistance, monthly checks, that
could not afford to live in $55,000, or $60,000, or $70,000 homes.
What is going to happen, the Indian tribe cannot oust their mem-
bers out of a house, so therefore the funding agencies, in many
cases, would force the Indian tribes to work against their own
people, their own relatives. If we were funded directly-even
through HIP, we could still save the individual family literally
thousands of dollars. Once they sign on the dotted line, they are, so
to speak, hooked.
But if we do our own, most tribes have people that know con-
struction-one phase of construction or another-and in my tribe
the only trade that we do not have living within the tribe is sheet-
metal workers and we subcontract those out.
But if we could build out of frame, out of sunburned adobe, our
own adobe, emulsified adobe or whatever, we could still save the
individual families who are going to live forever there, whose chil-
dren are going to grow in that house, many thousands of dollars.
PAGENO="0088"
80
I realize that time is very short and always has been for Mr.
Udall-he's a busy man-and so are you, ladies and gentlemen, so
I will not stress any other points, and I hope to be able to answer
any questions that you ladies and gentlemen may have.
The CHAIRMAN. The new area that you have south of Tucson,
how many homes do you have now on that piece of land?
Mr. VALENCIA. We have 100 and some homes. I've got it in the
statement. As usual, I am not a businessman so I never bring a
copy for me to read from. But the facts are in the statement.
The CHAIRMAN. What kind of sewage facilities do you have?
Mr. VALENCIA. Recently our sewer system was completed with
IHS funding, very recently, several months ago, and they are work-
ing very satisfactorily. Once in awhile we do have problems with
the pumps and all that. But with that corrected, we will not have
any problems with it.
The CHAIRMAN. Is this a leaching field or do you connect up with
the city facilities?
Mr. VALENCIA. We started out with leaching fields, septic leach-
ing fields, but several months ago, our sewer system was completed
and it's connected to the county sewer system.
The CHAIRMAN. Any comments or questions?
[No response.]
The CHAIRMAN. Thank you, Anselmo.
Mr. VALENCIA. Thank you very much.
The CHAIRMAN. We will now hear from Mr. Ned Anderson, who
is president of the Inter Tribal Council of Arizona, and chairman
of the San Carlos Apaches; and a lawyer. There aren't very many
Indian lawyers around.
[Prepared statement of Ned Anderson may be found in appendix
II.]
STATEMENT OF NED ANDERSON, PRESIDENT, INTER TRIBAL
COUNCIL OF ARIZONA; CHAIRMAN, SAN CARLOS APACHES
Mr. ANDERSON. It is good to see you again, Mo.
The CHAIRMAN. Good to be with you, Ned; glad to hear from you.
Mr. ANDERSON. Thank you.
As you have indicated, I am president of the Inter Tribal Council
of Arizona. There are 19 tribes in the membership. I am also tribal
chairman of the San Carlos Apache Tribe.
For your information, Mo, I was reelected the other day to a 4-
year term.
The CHAIRMAN. I read that in the paper. I wish to hell I could
say the same thing. I need a 4-year term myself. [Laughter.]
Mr. ANDERSON. I might give you a little help next time.
The CHAIRMAN. Well, we could switch places. I'll go run the
Apaches and you run the Congress.
Mr. ANDERSON. I beat my main opponent only two to one. In
your case, I will probably do it three to one for you.
The CHAIRMAN. All right, I will look forward to that. [Laughter.]
Mr. ANDERSON. Mo, you stated a couple of things that we are
very pleased to hear; No. 1 is that it is not the intent of the bill to
eliminate the HUD program. No. 2, you indicate also that there
PAGENO="0089"
81
would be no transfer of programs to the Interior. Hopefully, that
means the Bureau of Indian Affairs. BIA, as you know, is an
agency that has been the sole authority to help the tribes, especial-
ly when it comes to the trust relationship.
But nevertheless, there have been a lot of shortcomings as far as
what the Bureau can do. We really feel that when in administering
the housing program, we, ourselves, the tribes, are having a hard
time. Just imagine what it will be like for the Bureau if it were
given the responsibility of administering such a program.
I think when it comes to administering a program like this, I
would like to state for my tribe-I am going to give you what the
other tribes feel as far as Arizona is concerned-that even when it
comes to having HUD into housing programs, there have been
problems. I would like to relate a couple of them to you. If nothing
else, just so that it will be in the record.
One, at one time HUD had a policy whereby you could use
laymen to administer housing programs. Well, we did that. The
San Carlos Apache Tribe did. As a result, because of the fact that
it was mismanaged by, unfortunately, the board at that time-I
didn't know my opponents were here yet-but nevertheless because
of the way the program was admini~tered at the time, it resulted in
some people being jailed. We didn't want anything like that, but
the program became so detached that we, the ones who were grant-
ees, the tribal council members, were not able to do anything. So
we just let this thing happen and it happened and some people
were jailed.
Consequently, after that, HUD instituted another policy which'
was to go ahead and use tribal council members. We did that and it
also created another, in a way, empire, where we, the tribal council
members as a group, could not even do anything. That also results
in our being detached from the administration. We don't like to see
anything like that because when a problem develops, who is called
on the carpet? Unfortunately, it's always me, the chairman, or the
vice chairman, so whatever we do here as far as having Indian
housing programs, I think it ought to touch that I, the vice chair-
man, and the tribal administration are in charge so that we will
make sure that things go in accordance with whatever the policy is
at the time. I feel that as a very responsible person, as I indicated
to you a moment ago, the people gave me their vote of confidence
two to one. I can run a program like this and that's what I'd like to
do because I know there is a need for housing for my people and
that is true, also, with the other Indian tribes.
As far as what the Inter Tribal Council of Arizona feels, it needs
to point out a couple of sections from the bill, itself.
Section 205, if you will read that, it allows that Indian tribes
would risk losing their trust fund if housing payments are not
made by individual Indians and the housing agency is unable to
make quarterly payments into the Indian Housing Finance Fund.
I think this section would subject tribal governments to conse-
quences that are not applied to any other public housing authority
in the United States.
The CHAIRMAN. Is this different from what we do now? How are
we going to go to the bank and get some money if they can't treat
PAGENO="0090"
82
you like they would treat me and come and foreclose and take my
assets or take the house back? What is different here?
Mr. ANDERSON. I think what you ought to do here is, you know,
if you're going to help, you ought to help like the way the mecha~
nism has been set up. I think if you will look to the history that
has been in place here for a long, long time, it is true that we are
Indian tribes and we need help. I think if you would just treat us
as if we have not been able to develop ourselves-and that is the
case, Mo. There are only a few of us who can operate at a level
that you and others can who are not from the reservation.
To be specific, I am not eligible for any housing program like
this. I happen to be at a level as far as wage earners are concerned,
where I can't go out and buy a home but I am not eligible for any
of these programs that are being proposed by you and the other
politicians.
But what I am saying is the people that we are trying to address
here are the ones that really need help. If it were me, I would not
hesitate in using any kind of security so that I will get housing for
my family.
But it so happens that you are not talking about me and people
that are at a level that I, fortunately, can operate on and that's
because of the time that I spent getting educated.
So we are talking about people who are not at that level.
The CHAIRMAN. I understand that and you make a pretty good
distinction here. But the administration is urging very strongly the
principle of more participation by the beneficiaries of Federal Pro-
grams and, more support for the Government we are just not going
to be able to sell programs with a potential for defaults. This is one
way we were trying to meet the argument that, if we do this kind
of a housing bill this year, it will increase the deficit even further
and there will be more losses to the Federal Government and so on.
We were trying to set this up so that it will be appealing as a pro-
gram and quite likely isn't going to result in losses that will be the
responsibility of the Federal Government.
Mr. ANDERSON. We understand that and we appreciate that, Mo,
and I don't know whether the Republicans are making an inroad
as far as your philosophy is concerned, but we have already lost
one Democrat to the Republicans here in the State. We hope that
you will not be the next one following suit there.
The CHAIRMAN. I hope that's true. I join in that sentiment.
Mr. ANDERSON. Mo, the other sections-this merely refers to the
trust and I think that was ably responded to by your aide so those
are the concerns that we have.
The Inter Tribal Council of Arizona, however, reserves final
statement on the bill until the membership has had an opportunity
to further study the bill and we have not done that. So I do appre-
ciate this opportunity.
The CHAIRMAN. I hope the Inter Tribal Council will get busy and
tell us where we stand.
Let me be frank with everyone. I tried to find, as I said earlier,
one program where maybe we could bust the budget in the sense of
getting the President and 0MB to go along with some sort of initia-
tive this year that is in contrast to all the cutjacks we're going to
have. I am not about to take my time, with all the things I've got
PAGENO="0091"
83
pending this year, to try to ram a bill down the throats of the
Indian leaders such as yourself if it's the consensus of the tribes
after they look at this and have these hearings that they don't like
it or don't want it or it has more dangers than opportunities.
That's the end of the bailgame, as far as I'm concerned. We've got
only about 6 months until the election and probably 5 months or 4
months until Congress is under pressure to close down and go
home.
So I hope you will try to find a consensus and if we are on the
right track and some changes could be made to make this accept-
able, would you let us know about it and we'll go to work. But
clearly the tribes here and in the West generally have a veto on
this in the sense that I am not about to go ahead with it unless
there is a clear consensus that this is the way to go and that it
offers some help.
Mr. ANDERSON. Mo, it's laudible, I believe, given the philosophy
of this administration to do away with housing altogether, that you
are proposing the bill. Whenever you try to have hearings on any
bill, whether it's good or bad, people become skeptical and wonder,
what's he up to this time.
But, one thing that I would like to say is that as far as the reap-
portioning bill that they tried to ram down our throats-yours and
mine-we won and we feel that if the San Carlos Apache Tribe had
not done its part, maybe you would not have fared that well and
we would like you to understand that.
With that in mind, I would like to ask you to be present for my
inauguration which will be, hopefully, within the first 2 weeks of
May. So an invitation will be sent to you.
The CHAIRMAN. Send me an invitation as soon as you can and if I
can arrange my schedule, I'll be here. I always wanted to go to a
Presidential inauguration myself. [Laughter.]
Mr. ANDERSON. This is going to be higher than that.
Thank you, Mo.
The CHAIRMAN. Thank you very much.
The next witness is Mr. Delfin Lovato of the All Indian Pueblo
Council.
[Prepared statement of Delfin J. Lovato may be found in appen-
dix II.]
PANEL CONSISTING OF: DELFIN J. LOVATO, CHAIRMAN, ALL
INDIAN PUEBLO COUNCIL; SALAMON GARCIA, EXECUTIVE DI-
RECTOR, ALL INDIAN PUEBLO HOUSING AUTHORITY; LAMAR
PARRISH, COUNSEL; DON MONTOYA, EXECUTIVE DIRECTOR,
LAGUNA PUEBLO HOUSING AUTHORITY; AND DAVID PEREZ,
EXECUTIVE DIRECTOR, NORTHERN PUEBLO HOUSING AU-
THORITY
Mr. LOVATO. Mr. Chairman, I am going to summarize my state-
ment. The gentlemen that accompany me are what you might call
the expert witnesses. They represent the housing authorities,
Pueblo Indian housing authorities, in the State of New Mexico and,
if I can, Mr. Chairman, I'd like to introduce them.
The CHAIRMAN. It looks like you've got the whole first team here:
the quarterback and four halfbacks.
PAGENO="0092"
84
Mr. LOVATO. We even brought an attorney with us.
Mr. Chairman, to my left is the executive director of the Laguna
Housing Authority, Mr. Don Montoya. To my immediate left is Sal-
amon Garcia who is executive director for the All Pueblo Housing
Authority. To my right, Mr. Lamar Parrish, and he is the attorney
for all of the housing authorities. To my immediate right is Mr.
David Perez, who is the executive director for the Northern Pueblo
Housing Authority.
Mr. Chairman, I want to take this opportunity to generally cover
four points that we have discussed. They are generally areas of
concern that we've previously raised before the Interior Commit-
tee. They are issues that we feel should be addressed in H.R. 5988.
Before I do that, I want to go on record to commend the chair-
man, and members of the committee, for the efforts they have
made in putting together a housing bill. I think it is timely; it is
certainly necessary; and considering the reality that we find our-
selves in today, with the efforts of this administration to basically
wipe out Indian housing, I think it's going to give the Indian people
of this country something to fall back on should the administra-
tion continue in their efforts and should they succeed in basically
cutting out Indian programs within HUD as we know them today.
I strongly feel that H.R. 5988, although there are some concerns,
some questions that still need to be answered and clarified, is a bill
which is flexible. It provides ample opportunity for Indian housing,
and for Indian tribes across this country, to implement many of the
concerns, many of the requests that they have had with HUD that
have gone unanswered. It provides them an opportunity to contin-
ue with the successful programs that we have had with some inno-
vation and some modification to accomplish a better socioeconomic
situation for their people on each one of their reservations.
The four areas that I want to generally cover in regard to the
bill, Mr. Chairman, are first that H.R. 5988 seriously consider the
establisment of an advisory committee or a board. We can call it
whatever we want, but we need something at the level in Washing-
ton to advise the Director, to advise the Bureau in the formulation
of regulations in the development of policy and to help in the im-
plementation of this important program if we are successful in get-
ting this legislation through the Congress.
Second, I would hope that H.R. 5988 would also consider what
has already been brought out here before this committee and other
committees, and that is the need to give tribal governments and
Indian housing authorities more flexibility in the development, the
planning, and the construction of Indian housing. To allow them to
use force account, if you will, for the lack of a better terminology.
To allow the tribes to basically construct their own homes, with the
flexibility to use their native materials.
In the State of New Mexico, Mr. Chairman, we have been build-
ing our own homes for centuries; adobe units that still stand today.
Yet, we have been unable to convince officials within HUD of the
quality, the suitability, and the adequacy of our homes and the
need for our people to build the type of homes that are suited to us.
We have basically had "Suburbia, U.S.A." forced down our throats.
Some of these homes stick out like a sore thumb in what once were
beautiful Pueblo communities.
PAGENO="0093"
85
Mr. Chairman, one other area that I think warrants serious con-
sideration is this entire area of interagency inneraction or inaction
on Indian housing programs. As you know, at present we've got
Indian House Service, HUD, we've got BIA, and countless other
subagencies that are involved in Indian housing. As a result, we've
got delays, and bureaucratic redtape that we have to put up with.
It takes 5 to 7 years in some cases from the intitial program stage
to the time an individual moves into his house.
We think it is not necessary. We would like H.R. 5988 to serious-
ly consider a one-agency type of operation. We think it is possible.
We think it will not only assist in the overall planning but also
save a great deal of time and headaches and delays later on as the
project gets into construction.
Indian House Service, BIA, this new office that will be estab-
lished, I think, can be combined into one operation. I would like to
see that particular area seriously considered.
The last area that I wanted to briefly cover also, Mr. Chairman,
is the need for H.R. 5988, to take into consideration the fact that
there are tribal governments in this country that have very ad-
quate codes. I speak of construction codes. I speak of codes in terms
of architecture. There are some Pueblo communities who will not
allow frame-type pitch-roof homes within the confines of a certain
area of their communities.
There are some Pueblo communities who do not want multi-col-
ored homes within the pueblo confines. It has worked very well. It
beautifies and maintains the authenticity of our community while,
at the same time, provides a very adequate and safe home for the
individual families.
I again want to emphasize, before asking my friends for a few
remarks on title I, II, and III, that I don't really feel any danger in
terms of minimizing the importance of HUD Indian housing. I
think that is there. It is up to the Indian community to make their
voices known to their respective delegations, to fight for continued
HUD Indian housing programs and Indian programs in general.
But at the same time, we cannot close our minds to the fact that
we are faced with the possible danger of losing the entire Indian
HUD housing program. I think it is timely that the Indian commu-
nity in this country join forces and support H.R. 5988, and to
present constructive alternatives and recommendations if they
have them.
Mr. Chairman, if the Chair will allow, I would like to ask Mr. Sal
Garcia to make a few brief remarks.
The CHAIRMAN. Mr. Garcia.
Mr. GARCIA. Thank you.
I would like to refer to title I, which is the HIP program. I think
most everybody is familiar with HIP program as it now stands. We
already have this HIP program, but I think it is being expanded to
cover some new construction and it also is being expanded to cover
a type of payback.
As I understand, the HIP program is a grant. Now the thing that
bothers me is the payback. We don't know how this payback is
going to affect those poor people. Those are poor people to begin
with and how they are going to pay back is something that is to be
thought about.
PAGENO="0094"
86
The CHAIRMAN. Mr. Ducheneaux tells me that the concept here
is that the payback is entirely discretionary. If the tribe didn't
want it, you won't have to have it. If that isn't clear in the lan-
guage of the bill, we will try to make it clear.
Mr. GARCIA. Fine.
Mr. PARRISH. It appears that discretion might lie with the Secre-
tary, as well.
The CHAIRMAN. That's not what we intended, I am told. We want
your doubts and reservations to be met if we possibly can and if
you don't like our language, give us some you think will do what
we just said we want to do.
Mr. PARRISH. Good; that's what we were trying to address.
As far as the present funding, what you are proposing is about
$30 million. We feel that it's not adequate. I think $100 million
would be a better figure.
At this point I think I will turn it over to David or Don.
Mr. MONTOYA. Mr. Chairman, I'd like to address title II. I think
this is more familiar to our housing authorities as far as what is
being proposed in the bill. There are many but I'd like to go ahead
and get right on section 205, and I think the people called upon
previously addressed this already.
This is in regard to the trust funds being attached. We certainly
understand that there has to be some recourse in the event that
some difficulty-I don't know quite how to put this. We have our
problems. I am housing authority director and we go through this
on a daily basis. But now that we know this is a separate bill and
you don't want to get yourself into this dilemma, something should
be done to address this at the outset. I think I can say in our par-
ticular case and in many instances, not only my tribe but I think
along with many of the other Pueblos, that we have resorted to
putting a lot more emphasis on the tribe getting behind our estab-
lished tribal courts and I think that if you will gather the latest
statistics from HUD, that you will see quite an improvement in our
collections in this respect.
I think rather than attachment, we would like to suggest maybe
that you look more heavily toward some alternatives, one of which
I have mentioned. Others which might be, perhaps, if we don't
achieve this within, let's say, a satisfactory time frame, that maybe
you deprive us of any additional funding until somehow we are
able to catch up or rid our delinquent accounts. I think at this
point in time it would be worthy of consideration because I think
you will be addressing primarily, to a large extent, those housing
authorities that are now doing this and making acceptable collec-
tions as we see it.
Under title II, Dave, I think I'd like you to talk about that be-
cause you spoke on it the other day.
Mr. PEREZ. Mr. Chairman, on the application process, we also
feel that that is too long of a process and submit a program reser-
vation to HUD or whatever agency will be involved, we feel it's too
long and housing authorities are demanding upon HUD to meet
deadlines. And we feel that if this bill does go through or whatever
agency responsible, that they be also given deadlines to respond
such as 30 days to give us approval or disapproval of the program.
PAGENO="0095"
87
Mr. PARRISH. Historically, Mr. Congressman, the delays have
always been on the part of the Government or specifically HUD.
It's not the tribe or the housing authority that delays. What Mr.
Perez is suggesting as he well said is that you place a deadline on
the Government to approve or disapprove within a period of time.
Mr. PEREZ. Along in that it has initial funding, we would like to
recommend that it be 3 percent instead of the 2 percent that is
shown there.
In residual payments, it says that we should take these and pay
back to the fund within 90-or quarterly-and we feel that this
should be changed to once a year at the fiscal year. The reason for
that is I think that the investment of that money can help the
housing agency to meet their bills a little better.
The rent delinquency rate, 90 percent is a little bit high. We
kind of feel that maybe that should be more like 50 percent. Be-
cause the thing is, these things could get 90 percent very quickly.
Monitoring and inspection, that should be left up to the housing
agency, the housing authority. Bidding should be left up to the
housing authority and they should be able to say whether they can
negotiate on these things, too. If they can negotiate, I think that
gives them a very broad background. A lot of times they have to go
back and rebid and I think a negotiation phase should be consid-
ered.
Don, do you want to close up?
Mr. LOVATO. Mr. Chairman, one other area that I think we want
to briefly comment on. You require a performance bond but no
payment bond. I think payment bond ought to be included in the
bill, itself. But the importance of the comments that the housing
directors have made, I think, are very important. The residual pay-
ment thing is one which I think the housing authorities can use to
their benefit. They can reinvest this money over a period of 9 to 10
months, draw interest on. They can use the interest moneys for
renovation, for updating some of the mistakes that are made in
construction. I think that's an important point.
The bidding versus negotiation is extremely important. Right
now every housing authority is forced to bid out their project. We
have contractors who could, if negotiated properly, build a house
for less. There are situations where that flexibility ought to be left
to the housing authorities to negotiate rather than be forced to bid
every project.
Title III basically, very briefly, the guaranteed loan program, I
think, is much needed. There are families that, as has been
brought out, don't qualify for title II or title I programs. These in-
dividuals are living on the reservations subject to the same isola-
tion, the same economic conditions. We are asking that serious con-
sideration be given to bring the guarantee to 100 percent. If we are
going to guarantee 90, what's another 10 percent?
Attachment of property in the entire bill, I think, needs to be ad-
dressed from the sense that it should be the tribal government to
do the attachment. It ought to be the tribal government to say,
"OK, you're not paying your rent. We're going to bring in some-
body else to move into that house, and until the term of that note
is completed, that individual has that house or makes some other
arrangements." Most tribes already have procedures for that.
PAGENO="0096"
88
Lastly, no matter who the individual might be, we think that
there ought to be some subsidy considered in title III to the individ-
ual. It might be interest subsidy or something to that effect.
The entire impact, Mr. Chairman, in title II, III, and the bill,
itself, Mr. Chairman, that I think is worth noting here, that if
properly implemented, it will not only create housing, it will also
stimulate the employment, stimulate the economy and build the
type of houses that the Indian people will want for a change, and
not something that is being forced upon them by somebody else.
And that is an element that is key throughout H.R. 5988. It is an
element which is lacking right now within HUD.
Thank you, Mr. CHAIRMAN. We will be happy to answer any
questions that you or any of the staff might have.
The CHAIRMAN. Mr. Lovato, you have given us a very specific cri-
tique and this is what I had hoped, that at this hearing we could
get witnesses to focus on what they consider weaknesses or uncer-
tainties in the drafted bill and this has been very helpful.
I particularly appreciate your emphasis on the adobe construc-
tion and I wish you'd expand on that just a little bit.
Who tells you now if you're building a house in one of your pueb-
los that you can't use adobe and why? What rationale?
Mr. LOVATO. The rationale, Mr. Chairman, is this: HUD regula-
tions and requirements specifications, if you will, minimum stand-
ards are such that there is an RH factor-heat retention, cold, what-
ever they call it. The fact of the matter is they are telling us that
adobe houses in the State of New Mexico do not retain enough heat
to meet HUD requirements; therefore we can't build these things.
Now, you know, we've been living in them for hundreds of years
before the white man set foot on this continent.
The CHAIRMAN. The best house I ever had in Tucson was an
adobe house.
Mr. LOVATO. Absolutely.
But that basically is it. It is the prototype cost restrictions. It is
the ridiculous minimum standards that exist that basically force
the cost of our housing throughout Indian country. So the blame
really is not on the type of houses we are building. It is just the
way the system has been set up.
The CHAIRMAN. Have you had any difficulties with this dilemma
that we have had in other parts of the country where you get the
houses built by one agency and the sewers are to be built by an-
other and you've got to board them up when people are desperate
for housing? Have you had this problem?
Mr. LOVATO. No; we've had some problems, Mr. Chairman, but I
ran a housing authority myself, and we have had a good coopera-
tive-type working relationship with the Indian House Service. We
get into some difficulties when funding does not become available
on a timely basis or is not synchronized with the development of
that housing and so forth. This is something that I think can be
eliminated by having one agency responsible for both areas.
The CHAIRMAN. Could you expand a little bit, Mr. Lovato, on the
points you made about force account approach? If we adopt your
recommendation on the use of force accounts, how can we guard
against these kinds of abuses that we have had in the past?
PAGENO="0097"
89
Mr. LOVATO. Mr. Chairman, I know there have been abuses and
no doubt there will be abuses in the future. I think one of the im-
portant reasons and the need for force accounts is that we can,
through this process, through this committee, this advisory board,
through working with committee staff, devise procedures to avoid
past mistakes, 1. No. 2, because of the reality of unemployment and
all the other things that are facing us now, I think it is going to
mean the difference between welfare and a job. I think these safe-
guards can be developed and can be properly monitored by both
the tribe, the housing authority, and the funding agency in this
case.
The CHAIRMAN. All right. Thank you very much.
Mr. MONTOYA. One more thing here: I don't know how you are
going to treat-something that has bothered our housing authori-
ties that is now very traditional-we have to deal with the Davis!
Bacon wage rates. Those govern, to a large extent-you mentioned
adobe-what it costs me to hire a bricklayer versus an adobe layer
or a rocklayer. Those are what drive our costs up. And if force ac-
count could be utilized and if somehow this could be addressed in
this bill that at least gives us a chance to have a choice of paying
Davis/Bacon or the prevailing scale within our area, I think that
this, to a large extent, would eliminate the dilemma we have been
in.
Mr. UDALL. You've touched on an important point.
Thank you, gentlemen. It's nice to have you with us today.
We will now hear from the California Inter Tribal Council,
Eugene Pasqua.
[Prepared statement of Eugene Pasqua may be found in appendix
II.]
PANEL CONSISTING OF: EUGENE PASQUA, EXECUTIVE DIREC-
TOR, INTER-TRIBAL COUNCIL OF CALIFORNIA, INC.; AND BEN
ROBERTS, SANTA ROSA RANCHERIA
Mr. PASQUA. Mr. Chairman and committee members, with me
today is Ben Roberts of the Santa Rosa Rancheria. He was appoint-
ed by the chairman to come with me on this trip. He works for the
housing authority and I would like to mention before I start that I
am a recipient of a HUD home in California on my rancheria.
On behalf of the Inter-Tribal Council of California, representing
40 federally recognized tribes and 60 Indian organizations, we will
give our general support on the proposed Indian Housing Act of
1982. Many of the tribes in California-and I will make this clear-
have not yet received the bill as of this time. I am sure comment
will be sent to the committee from the California tribes at a later
date and they will fill in more specifically on the parts of the legis-
lation.
We would like to thank the committee for providing this oppor-
tunity to present our concerns on the Federal housing that will
affect California.
The Federal Indian housing effort has been inadequate in Cali-
fornia and a new and better coordinated program is greatly needed.
Here I'd like to comment why we say a more coordinated effort.
In California on my rancheria, there is no coordination between
18-934 O-83---7
PAGENO="0098"
90
the Bureau of Indian Affairs, the Indian House Service, and HUD,
themselves. A road was put in by the Bureau, pushed in to put new
houses in. Maybe 8 months later they had to dig that same road up
again because the Indian House Service came in then to put the
sewer in after they had paved the road and put it in. It cost a lot of
money. Things were not in priority areas. Then HUD came in-and
our rancherias are about 30 to 60 areas in California-and we got
assignments. Most of us have assignments. They might be 75 by
225. We're talking about a situation where the housing authorities
bring us into an urban setting, and I've been to the city most of my
life. We are bunched up close together in the new houses and look-
ing into each other's windows. We told the authority, "You're
trying to urbanize us. You are going to cause some social problems,
fighting among ourselves, because you're getting us too close." The
problem could have been eliminated had they just staggered the
houses. But the thing came up, no money, "Sorry, I can't move you
back 2 feet to straighten this out."
I don't want to get off my text too much. My speech was written
because we are in the tribal council and sanctioned by the chair-
man of the board, so I want to stay on it and fmish it first.
Indians living on the reservation have relied heavily on Federal
funding and it has been further complicated by the fact that many
tribal groups are either terminated or unrecognized and have not
been eligible for Federal funding.
But proposed legislation is greatly needed, in our estimation. A
1980 summary report by the BIA indicated that 11,092 housing
units on California reservations were needed-7,964 were substan-
dard and that 8,046 new units were needed. This is 1980.
We particularly like the fact that the proposed program provides
for grants directly to individuals as well as tribal housing agencies.
However, there are a few areas that concern us.
Many California tribes do not have the resources needed to ad-
minister or to manage such a program. We anticipate that smaller
tribes will turn to organizations such as ours to help them and we
would like to be assured that we will be able to help them if asked
to do so.
We're talking about 40 people on a rancheria and 30 and 70, that
haven't the human resources to manage so they generally come to
the Inter-Tribal Council for management.
We approve of section 215, ~vhich calls for the formation of an
Indian affirmative action plan but we would like to see guidelines
spelled out in the legislation. It is our belief that Indian contrac-
tors should be used wherever possible to do so and that a separate
program is needed to train Indians in the building trades.
The CHAIRMAN. Before you go on, my staff tells me that the fol-
lowing language is on page 10, section 203(d):
Nothing herein shall preclude the submission and approval of multitribal applica-
tions and the Secretary shall encourage but shall not require multitribal application
to achieve economies of scale.
So we've already provided at least an approach in that direction.
Maybe we can tighten it up. You do have a special problem in Cali-
fornia with these small rancherias where maybe 10 of you grouped
PAGENO="0099"
91
together could do something for all of you rather than having 10
applications.
Mr. PASQUA. Right; we just don't have the human resources on
those rancherias to administer the program.
One area that disturbs us is that the program is to be adminis-
tered by the Bureau of Indian Affairs. We understand that great
efforts have been made in title IV to insure that the Bureau will
administer the program as Congress intends. We believe that the
requirements and restrictions of title IV are good, but they do not
go far enough.
At a time when Federal programs are being cut back because it
is believed that such programs are too large and costly, we would
like to see further controls put on the Bureau to insure the success
of the program. We view the fact that Congress will review admin-
istrative expenses of the Office of Indian Housing yearly as a posi-
tive step, but we still have fears that the program may become un-
popular if administrative costs are considered too high. You are no
doubt aware of BIA's reputation when it comes to its ability to ad-
minister and coordinate programs.
We would also like to be assured that the housing to be built will
not add to the problems of the reservation. In the past such hous-
ing has been built with each unit right next to each other. Though
it may be cheaper to build a house this way, it sometimes creates
urban problems not found on the reservations before such houses
were built. It is understood. that the tribal housing agency will
have some say on how the houses are to be built and this may solve
some of the problems. But we feel that every effort should be made
to provide housing that will truly add to the quality of life on the
reservation and not create a new set of problems.
Other questions are, section 209(b)(3) states that a family shall be
responsible for maintenance. Yet, in section 210(3), minimum
monthly rent payments provide for a contingency reserve for main-
tenance. It would seem that the low-income family might find it
difficult to come up with the extra cost of maintenance and that
they have already paid for it in their rent payments. This may
need further explanation. We didn't understand that part.
Under section 211(c), if a tribe defaults on its quarterly payment,
it becomes ineligible for further assistance. What provisions are
available to assist those individual families who have met and
maintained their contract obligations and will continue to need
services?
We understand the need for accountability and even possible at-
tachment of trust funds if that becomes necessary. However, we
know the difficulty we have had in California in obtaining quality
housing and we hope that you will consider our remarks today.
If any changes are made in this legislation, we would hope that
you consider that it will be necessary for small California tribes to
form a housing consortium to provide a more feasible and cost-ef-
fective method of meeting the housing needs of its members. And
we would also like you to remember that we consider control of
such programs by the tribal council as necessary.
As a whole, the bill provides Indian people with a continuing
commitment from the Federal Government to assist them in ad-
dressing the inadequate housing conditions that exist on reserva-
PAGENO="0100"
92
tions. We support and will work with you for the passage and en-
actment of the Indian Housing Act of 1982.
Thank you for your consideration.
Like I say, I am a participant in the HUD housing on a small
rancheria in northern California. Mr. Roberts here also works for
the housing authority even though he's from the rancheria. I
thought maybe he could talk about some problems that would
occur, or maybe not, with this bill.
The CHAIRMAN. Mr. Roberts.
Mr. ROBERTS. Mr. Chairman, on behalf of the Santa Rosa Ran-
cheria, the Hitache Indian Tribe of Kings County, Calif., I thank
you for allowing us the opportunity of appearing here today and
stating our concerns regarding the national indian housing pro-
gram.
My name is Ben Roberts. I also work for the Indian Housing Au-
thority of Central California. At the present time we have three
tribal groups involved with the housing authority.
We, as the Hitache Indian community, through many years of
broken promises and substandard housing, have somehow made it
through all of these procedures. Once again today, we find our-
selves with some obstacle along our path for we have recently
heard that HUD has announced their fiscal year 1983 budget re-
quests include zero funding for Indian housing programs through-
out this country. We oppose this. We would like to see that funding
put back into the system.
However, if for some strange reason that this cannot be done, we
would fully and wholeheartedly support this H.R. 5988.
Once again, I believe Mr. Pasqua has stated that we have had
many problems in California pertaining to housing. Now, we have
many agencies involved with the construction of homes in Califor-
nia and at times they do step on each other's toes, so to speak. One.
will construct in one area and one will tear down in another and
thereby creating a problem of the funding loss and this has oc-
curred for many years, not only on my rancheria but others.
An example of housing situations in California, Santa Rosa Ran-
cheria: During the mid-1930's, there were approximately 25 homes
erected on the rancheria and to this day those same 25 homes are
still there. Twenty percent of those homes were brought in from
other areas because no one else wanted them. So what we did was
move them in to the rancheria and rehabilitate these houses. We
have approximately 250 residents on our rancheria at the present
time in 25 homes. Now, there is a clear example of overcrowded
conditions. -
This has existed for many years and it still exists today. We have
never had any new homes on a rancheria for the past 10 years. Fi-
nally, a housing authority was formed 3 years ago. During this
period of 3 years, we have finally come up with a program where
houses are finally going to be constructed but they are still in the
construction stage and we are having problems with agencies. in-
volved in construction of those homes.
The cooperation between various agencies is not there. I have
heard many people laugh about the Bureau in the past and for
many good reasons. We have been promised many things and noth-
ing has been brought forth. Therefore the people that I have
PAGENO="0101"
93
spoken with in the past weeks in reference to this bill give their
wholehearted support in hopes that something can be done in the
future. Thank you.
The CHAIRMAN. Thank you, gentlemen; appreciate having you.
We will now hear from Anthony Drennan of the Colorado River
Tribe.
[Prepared statement of Anthony Drennan may be found in ap-
pendix II.]
PANEL FROM THE COLORADO RIVER INDIAN TRIBES CONSIST-
ING OF: ANTHONY DRENNAN, SPOKESMAN; ELLIOTT BOOTH,
COUNCILMAN; AND ELVIN KELLY, HOUSING DIRECTOR
Mr. DRENNAN. Mr. Chairman, members of the committee, mem-
bers of the staff, I would like to introduce to my right here Elliott
Booth. My name is Anthony Drennan of the Colorado Tribes.
Mr. Booth is councilman for the tribe. On my left here is Elvin
Kelly, the housing director.
The Colorado Tribe welcomes and commends the efforts of Con-
gressman Udall and the members and the staff to provide a con-
tinuing Indian housing program in the face of proposed cutbacks
by the present administration.
However, the tribes find it unfortunat~ but necessary to oppose
H.R. 5988 in its present form. With amendments to this bill along
the lines I will outline, the tribe would strongly endorse the bill.
The Colorado Indian Tribe's opposition to the bill stem from
those provisions which have concerned many other tribes. The pro-
visions in sections 205 and 211, as well as those in section 103.
As provided in sections 205 and 211, the Secretary would have
the authority to attach tribal trust funds to secure defaults in the
payments of mortgages due to be deposited in residual receipts
fund under section 211(b).
This provision makes no distinction as to whether such default is
due to the fault of the agency or to the inability of the agency to
collect amounts due from the participating families.
Were such attachment authorized only where default is due to
the agency's mismanagement, such attachment perhaps could be
reasonable, but it is surely unfair and unwise to require the tribes
to be guarantors of amounts due from families, particularly when
the tribe, itself, has no right of recourse against the trust funds of
defaulting families or even receives any equity in the homes, pay-
ment for which would be required to guarantee. -
Even if default of the agency were due to agency mismanagment,
the tribes feel that remedy for such default is adequately provided
by the bonding requirements of section 213(a). It is unclear wheth-
er section 103 gives the Secretary the authority to sell trust lands
without the consent of the landowner, whether it be the tribe or an
individual allottee. If this section only adds increased burdens upon
the Secretary before approval is given for sales otherwise allowed
under existing law, the Colorado River Indian Tribes would have
no objection to the section, except an objection to the sale of trust
lands in general. If this is the case, it should be made clear in the
bill, as many have already interpreted this section to give the Sec-
PAGENO="0102"
:94
retary authority to sell lands. It would be tragic if it were to be so
read by the Secretary and the Bureau of Indian Affairs.
The Colorado River Indian Tribes also note that certain provi-
sions of the bill do not adequately protect the right of tribes to
enact governing law within their respective territories.
For example, section 103(b) provides for liens upon fee lands to
be recorded under State law. While this is certainly proper where
lands are located outside of tribal boundaries, within tribal terri-
tory, recordation should also occur pursuant to any tribal recorda-
tion requirements which may exist, as well as under State statutes.
Also under section 307, guaranteed loans are restricted to those
made by financial institutions subject to supervision by agencies of
the United States, a State or the District of Columbia. No mention
is made of institutions which may be regulated under tribal law,
rather than State law, as would be the case within tribal territory
where tribal law regulating such institutions may exist.
Were a comprehensive scheme of tribal regulation to exist, the
Colorado River Indian Tribes take the position that tribal and not
State law would govern. This concern is also applicable to section
302, which proyides that mortgages may be executed pursuant to
25 U.S.C. section 483(a), which provides that the law of the State
will govern mortgages, even though it is Indian trust land which is
being mortgaged.
In line with the above-stated objections to the bill, as well as
other minor problems, the Colorado River Indian Tribes recom-
mend that the bill be amended as follows:
One, section 205 should be deleted.
Two, section 205(a) should be amended to provide only for attach-
ment of trust funds of defaulting individuals.
Three, section 211(c) should be deleted.
Four, section 103(b) should be amended to read:
103(b)(1). Where a house constructed, acquired, or repaired pursuant to section
102(a) (2) or (3) is located on land outside the boundaries of tribal territory, or upon
fee land within such boundaries, the Secretary shall insure that a lien upon such land
is recorded under appropriate State law, noting the encumbrance imposed by section
104 of this title.
(b)(2). `Where a house constructed, acquired, or repaired pursuant to section 102(a)
(2) or (3) is located on land within the boundaries of the tribal territory, the Secretary
shall insure that a lien upon such land or house as may be applicable is recorded under
appropriate tribal law, noting the encumbrance imposed by section 104 of this title.
Five, section 307 should be amended to read in part: "A financial
institution subject to examination and supervision by an agency of
the United States, a tribe, a State or the District of Columbia."
Six, section 302 should be amended to provide that liens and
mortgages are to be governed by existing tribal law or by State law
if no applicable tribal law exists.
Seven, subsections 1 and 5 of section 3 should be amended as fol-
lows:
Subsection 1 should read:
Adjusted family income means adjusted gross income as stated in the family's
most recent Federal income tax return, less $1,000 for each member of the house-
PAGENO="0103"
~,95
hold plus a further deduction of $3,400 ~r the amount of itemized deductions from
the family's most recent Federal income tax return, whichever is higher.
This will assure that gross income reflects all standard above-
the-line deductions as well as those below the line.
Subsection 5 should read: "`Indian' means a person who is an
Indian as defined in section 19 of the act of June 18, 1934 (48 Stat.
988; 25 U.S.C., sec. 479)."
This change is made because the definition is otherwise redun-
dant, as 25 United States Code section 479 already includes all
members of Indian tribes, unless member of an Indian tribe is
deemed to include members of nonfederally recognized tribes, in
which case that could be specifically stated.
Although the Colorado River Indian Tribes feel that the intent
behind this bill is admirable and that a housing bill is imperative,
this bill contains flaws which require opposition to the bill. Were
the bill to be amended along the lines stated above, as well as to
remedy the concerns of other tribes and Indian organizations, the
tribes would provide their wholehearted support for the bill.
Because of the lack of time provided to study the bill before hear-
ings were scheduled, there may be other provisions of the bill
which deserve comment. The Colorado River Indian Tribes there-
fore reserve the right to submit further comments at a later date.
Such comments, if any, will be submitted at the hearing in Wash-
ington, D.C., on April 29, 1982.
On behalf of the Colorado River Indian Tribes, I thank you for
this opportunity to present this testimony and thereby state our
views.
Another section in there that should be flexible is the clarifica-
tion of contracting, 638.
The CHAIRMAN. Thank you.
Do your friends have any additional comments?
Mr. BOOTH. Much talk has been made in regards to the coopera-
tion among the Bureau of Indian House Service and the tribe.
One of the concerns that I have-and I'm pretty sure the com-
mittee knows-the appropriations for Indian House Service and
the Bureau for sanitation and sewer and water systems have been
drastically reduced or eliminated. If this is a companion bill, if we
are going to shoot for new housing construction, then there must
be appropriation in the IHS authorizing bills themselves, because
without water, sewer, and lights, electrical services and roads, and
so forth, you're not going to make any progress at all unless there
is a different section added to this to complement those types of
functions required by the other agencies.
The other problem that I see in looking about fee land and at-
taching fee land, there may be a possible problem in that many of
our allotted lands or fee lands have become fractionated. If people
feel that this requirement is in there that it might be attached,
some of the allotted landowners or those that have inherited inter-
est in that land may not grant that individual to build any homes
on that particular piece of ground. To tie it up for 33 years, or so, it
may not work out for some other interests.
The CHAIRMAN. Let me emphasize that trust lands are not at-
tachable under this bill. Only trust funds can be attached. We can
make that clear.
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96
Mr. DRENNAN. I think it needs to be more clear in the bill.
The CHAIRMAN. You've done a constructive job in your testimony
of the things that concern you and the specific changes that need
to be made; We don't claim that this is a perfect bill and we want
to amend it and change it so we can give people the reassurance
that I have been talking about here today.
Mr. BooTH. I do want to commend you also. I think this bill is
really great which gives tribal governments more control of the
housing program and I think that is vitally needed. I am kind of
sad to report that in some cases we have seen tribal housing au-
thorities getting away from the auspices of the tribe and I really
like that feature of the bill in here.
The CHAIRMAN. Thank you, gentlemen.
Mr. KELLY. The gentleman from the All Pueblo Council earlier
made a comment about money and also too many agencies in-
volved. -
I question this because we put a figure here of $30 million and
we're talking about now. At a later date, inflation, et cetera, is
going to contradict this and we are talking about $30 million
should be a base and shouldn't be looked at as to say $30 million is
what we are going for and if it should be shot down, it will be less
than that and we are not going to have the adequate housing we're
talking about.
It should go up from $30 million on up.
The CHAIRMAN. Let me emphasize page 21 of the bill, we're talk-
ing about a separate title and a separate authorization of $100 mil-
lion, which is in addition to the $30 million in title I, right?
Mr. KELLY. OK, that was the clarification I needed because when
it comes to the dollars and cents, we really want to know where it's
going because of the commitments we have to our people that the
houses are needed.
Along that line, too, of course, you have the initialed agencies,
IHS, et cetera, who BIA is going to be working on the roads, and
also you're talking about IHS bringing in water, et cetera. Now, we
don't know about their appropriation because as it is, there is a
drag right now presently. They say, "We are shorthanded; we can't
go over there and do this. We have prior commitments."
So we are considered secondly. So the Bureau needs to realine
that and really come out with some statement to say, "This is what
we are going to do," along with this bill if it is accepted and goes.
I just need to have that put in there because we would like to
hear the commitment from the other agencies, what their appropri-
ation is going to be, et cetera.
In all, it seems like if one is to summarize, you'd have-you are
asking for constructive alternatives-and I think if that's open, you
have until 20 days that you have allowed, so I think that's all in
order.
The CHAIRMAN. We will look forward to hearing from you.
Thank you, gentlemen; appreciate your coming here today.
We will now hear from Judy Knight from the Ute Mountain
Tribe of Colorado.
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97
PANEL FROM THE UTE MOUNTAIN TRIBE OF COLORADO CON-
SISTING OF JUDY KNIGHT, CHAIRMAN OF THE HOUSING AU-
THORITY; AND BRADLEY HIGHT, EXECUTIVE DIRECTOR
Ms. KNIGHT. Good afternoon, Mr. Chairman.
This afternoon I come representing the Ute Mountain Tribe. I
am treasurer of the tribal council. I am also the chairman of the
housing authority. With me I have the executive director.
We don't have a written testimony this morning and we will be
getting one to you. But this afternoon, we would like to tell you
that we do support this bill because we realize that our tribal mem-
bers are in need of housing and there were some things that were
brought out like the trust moneys, which I would like to state here
that I know that there was something brought out on that and I
would like a little clarification on that.
But I would like to make a recommendation also that I think
that rather than using the trust moneys of the tribe, that maybe if
a certain amount of money was set aside specifically for the pur-
pose of this bill, if tribes were agreeable to it. But basically we do
agree with this bill and we do support it.
At this time I would turn the mike over to the executive director
to see if he has any comments to add to what I said.
The CHAIRMAN. Thank you.
Mr. RIGHT. Good afternoon, Mr. Chairman.
I just recently came in from a meeting with Mr. Froman from
Chickasaw Tribes and the meeting was held in North Dakota and
this bill, it really represents what the people like, because we do
need homes. We have two generations living in our homes now and
we have 88 people on the waiting list. HUD can't seem to come up
with any funds to give homes to us.
This bill here and if it does pass, I think it would be really great
for the tribes.
The CHAIRMAN. It's really tragic that these particular programs
have been cut back-not just cut back, they are zeroed out in many
instances. I think the hearing here today underlines what I said in
the beginning. We talked around to the different tribal leaders and
groups and asked, "If you could only do one thing this year, what
should we go after? What would be the program that might help
people the most?" I am confirmed in the feeling that housing is the
area and that we're on the right track.
Mr. RIGHT. Building our own homes the way we want to con-
struct them would be the most logical thing for the tribes. We don't
want to live in suburbia homes. We like to design our own homes
and the homes we live in now are designed for Arizona. We live in
Colorado and we just can't pay the electricity of one of those
homes.
The way HUD stipulates their program, they make us commit to
other things like an improvement program. We make that commit-
ment and we fulfill it but we don't get anything back from them.
With this bill, I think it would help individual tribes.
The CHAIRMAN. We thank you and we look forward to having
specific comments from you before we finally try to write a bill and
hold our last hearing in Washington.
PAGENO="0106"
98
Our last scheduled witness today is Mr. Gilbert Jones of the Fort
McDowell Housing Authority.
STATEMENT OF GILBERT JONES, EXECUTIVE DIRECTOR, FORT
McDOWELL HOUSING AUTHORITY
Mr. JONES. Mr. Chairman, my name is Gilbert Jones and I am
executive director of the Fort McDowell Mojave Apache Indian
Reservation. I don't have a prepared statement. We only received
this bill a couple of weeks ago and I have been in contact with the
tribal council and they asked that I come here and let you all know
that we are going to review the bill and we will be submitting a
written statement.
The only thing that I would like to clarify is the time limit 20
days from today or is it 20 days from May 19?
The CHAIRMAN. From now.
We're having the hearings on the 29th, which is 15 days from
now, and I guess that would be about May 4 when the time is up~
But we've had a lot of interest in the Washington hearings and we
will have a lot of groups testifying there on April 29. We would
welcome your testimony or your comments before or shortly after
that.
Mr. JONES. Mr. Udall, I would also like to give you a brief de-
scription of the problems that we have at Fort McDowell. I know
that you are very aware of the problems that we have had over the
years concerning the Orme Dam controversy.
The CHAIRMAN. We could build that dam and then give you hou-
seboats to live on the lake.
Mr. JONES. That has been proposed to us. One of the alternatives
to building houses was under HUD, during that controversy, they
asked us if we would be agreeable in building relocatable houses
and we told them, "Why don't you give us a boat and stay here."
But the houses we have, we are one of the smallest housing au-
thorities in the State and probably in region IX. We only have 24
units. The first 10 units were built back in the 1960's, and they
were flexipanel homes. These flexipanel homes are now worse than
the adobe homes that they moved us out of.
I, myself, was born and raised in an adobe house, one of the
original buildings there, and I was very shocked when the Indian
House Service came and said that I was being raised in a home
that was substandard and that wasn't fit for my children. My own
personal bills were running about $20 a month until they put me
in a five-bedroom house and now my own personal bills have
jumped up to over $100 a month just for electricity.
But we felt all along that we need houses for our people and we
have sort of felt neglected as far as HUD is concerned, because
they have finally come out and told us that we are not going to be
receiving any more homes. This was before they knew that the cut-
backs eliminating the funds for HUD for 1983, this was way before
that they told us we were not receiving anymore homes under the
HUD program.
As a result, I don't know what occurred, but the Bureau of
Indian Affairs has been funding us through the HIP program. And
under the HIP program, within the last 5 years, we have built and
PAGENO="0107"
99
constructed 11 homes for our elderly people and we just received
funding for 2 more homes. One is already completed. The other is
halfway completed and we are just starting construction under the
HIP program.
Public House Service has been working closely with us and this
is something that has really changed because we never could get
the agencies to work together.
But looking at what you have here and this bill that you have
here, I see this as another alternative that is really going to benefit
us. I am going to recommend to the tribal council that the com-
ments that were made by the previous speakers that were sitting
here before me pertaining to certain sections of this bill, that we
wholeheartedly approve this.
With the establishment of this program, I feel the Fort McDowell
Tribe is really going to benefit because we look at this as alterna-
tives for us. I don't feel that it's going to jeopardize HUD's position.
I look at HUD's program now and I have only been on board as
housing director for the last 3 months, and within the last 3
months, I have had to bring up to date over the last 3 years the
previous director's neglect of the housing authority office. We have
been trying to work the delinquency problem out and the most
comments I heard was that the Bureau of Reclamation during the
Orme Dam controversy were saying, "Don't worry about your
house. When the Orme Dam goes in, we're going to completely
eliminate the payments on your house and we are going to give
you a home free and clear." Most of the participants stuck to this
in the belief that the Orme Dam was going to be built. But when
that fell through, the delinquency problem was way high and we're
trying to bring it under control.
But my main concern is with HUD, and I've spoke to them about
it in the HUD office in San Francisco. They said when an embez-
zlement occurs within a housing authority, for some reason or an-
other, the individual that does the embezzling, that there is no
punishment whatsoever that is given to him. This encourages, in
my opinion, other housing directors to continue to do this. We have
this on our reservation. This is one of the reasons why HUD said
we weren't being funded, because of the embezzlement that oc-
curred. This was an admitted embezzlement, investigated and we
know for a fact, but because of this, HUD has been withholding our
operating funds for 1981 and 1982, and you could say that we are
just bankrupt, period, but we are still functioning as a housing au-
thority.
So in looking at this bill here, I was hoping that perhaps you
could really get something in this bill that would not just let people
that embezzle from their own people to get away with it.
The CHAIRMAN. Thank you very much.
This concludes our hearing but I want to say to those people rep-
resenting the different tribal groups that you have got a real op-
portunity here. We've had quality people, important people from
the Senate staff, Senator Domenici's office, from the minority staff
on the House Interior Committee, and so on. They will be around
informally for awhile to answer your questions or maybe to discuss
specific amendments. I am sure they would be glad to hold on a
PAGENO="0108"
100
few minutes here and talk to anybody who might wish to talk to
them.
I think this hearing has been important, helpful, and I, personal-
ly, look forward to having the wrapup of the hearings on April 29,
and then sit down with our people and see if we can put a bill to-
gether.
I thank you very much and this concludes this hearing.
[Whereupon, at 3:24 p.m., the committee was adjourned.]
[Additional material received on today's hearing may be found in
the general appendix.]
PAGENO="0109"
THE INDIAN HOUSING ACT OF 1982
SATURDAY, APRIL 24, 1982
HOUSE OF REPRESENTATIVES,
COMMITTEE ON INTERIOR AND INSULAR AFFAIRS,
Rapid City, S. Dak.
The committee met, pursuant to call, at 9:30 a.m., in the Hilton
Hotel, Rapid City, S. Dak., Hon. Pat Williams, presiding.
Mr. WILLIAMS. This hearing of the House Interior and Insular
Affairs Committee is called to order.
This is the third day of hearings the committee has held on the
Indian Housing Act of 1982, H.R. 5988. A day of hearings was held
in Washington, D.C., on April 1. Another day of hearings was held
in Tucson, Ariz. on April 14.
Our Interior Committee will complete hearings on this legisla-
tion in Washington on April 29.
This legislation creates within the Bureau of Indian Affairs a
comprehensive Indian housing program. Although the existing De-
partment of Housing and Urban Development's Indian housing
program has met Indian housing needs with some degree of suc-
cess, the administration has targeted public assisted housing pro-
grams for termination.
No moneys have been requested by President Reagan for Indian
housing for the coming year or years.
H.R. 5988 has been developed by the Interior Committee and we
are utilizing it as our discussion point in an effort to determine,
first, how best to meet the needs regarding Indian housing and,
second, to protect Indian housing from termination, should the ad-
ministration proposals be accepted.
During the development of this legislation, various elements of
the Indian community, as well as several Federal agencies, were in-
volved. There are three main parts to this legislation.
First, the bill gives a statutory basis to BIA's existing housing
improvement program in order to make housing available to
Indian families who have no ability to pay for their own housing or
who, because of extreme geographic isolation or other extreme cir-
cumstances, simply cannot acquire housing.
It is estimated that 20 to 30 percent of Indian families are in this
category.
Title II of the bill would establish an Indian housing finance
fund to provide housing assistance to Indian families who, because
of their income level, have some ability to pay for their housing,
but cannot support a full mortgage payment.
Financing would be available to Indian tribes to provide housing
assistance to tribal members. Under this title sanctions on both the
(101)
PAGENO="0110"
102
tribes and individuals would be instituted for failure to pay. It is
estimated that 60 to 70 percent of Indian families would qualify for
the Indian housing finance fund.
Title III of the legislation provides housing assistance for the ap-
proximate 10 percent of Indian families who have income sufficient
to support an average house mortgage but who, because of the
trust nature of their land, cannot get a mortgage loan.
A Federal guarantee would be provided for their loan.
The purpose of this hearing and other hearings that have been
and will be held on this legislation is to receive advice from a
broad range of witnesses. I want to emphasize that this bill is open
for change. It is not final.
We are here today to receive your advice. Today we will be
taking testimony from tribal witnesses from the Great Plains and
Great Lakes areas. While the committee will not be able to hear
from all Indian tribes and organizations today, our hearing record
will remain open until May 4 for submission of written statements.
Before going to the many witnesses we have scheduled today, I
would like to reiterate a statement made by Congressman Udall,
chairman of this committee, at earlier hearings on this bill.
For Chairman Udall, myself, and for my colleague, Tom Daschle,
I want to make it very clear that we are not proposing the elimina-
tion of the HUD Indian housing program, and this bill does not
provide for the transfer of that program to BIA.
We will continue to support an effective HUD program and will
work with the Indian tribes toward that goal if that is what the
tribes want.
But, if the President is successful in terminating the HUD pro-
gram, we want to assure that American Natives are not denied an
aggressive, workable, and needed housing effort.
Our Interior Committee has worked with representatives of the
Indian community and other interested people to develop this legis-
lation.
Let me repeat and emphasize that this is not a final bill. I am
informed that our committee has received many fine suggestions
for improving the legislation.
I know that we will hear from the tribes here today with addi-
tional suggestions to improve this bill. I am delighted that I have
an opportunity to share this committee with my colleague and
friend from this State, Tom Daschle.
As fate-has it, Tom and I serve on different committees in the
U.S. Congress, but I know of his good work on his committees and I
am pleased to have his expertise with us here on the Interior Com-
mittee. Tom.
Mr. DASCHLE. Thank you, Mr. Chairman.
I think I can say for all those present in this room, as well as for
the many residents of South Dakota who are not able to be here
today, how honored we are that you have brought this committee
to South Dakota for these most important hearings.
Without question you have established yourself as a recognized
leader on the Interior Committee and for us to have a man of your
capability and stature here is indeed a memorable time for us.
This is an innovative approach to housing. I am delighted to
have an opportunity to sit with you at these hearings this morning
PAGENO="0111"
103
to obtain the testimony, the valued input that we are going to get
from the many tribes represented today.
I think that we need to reiterate, we are not looking upon this as
a substitute, but simply as one other option, should it not be within
our power to keep the housing program within HUD.
We want to do that. We want to insure that we maintain con-
tinuity in the program, but we also want to make sure that the
housing needs of all Indian tribes are met.
That seems to be the purpose of this legislation and I am anx-
ious, as you are, to get on with the testimony this morning.
Mr. WILLIAMS. Thank you very much, Congressman.
We have a good many witnesses plus some additional witnesses
who have asked to be added to the list, and we have done that.
In addition, we will have some substitutes as the day progresses.
Because we want to hear from everyone and because this is a 1-
day hearing, I am going to enforce time constraints. I am going to
have an absolute limit for all testimony of 10 minutes.
I would like those 10 minutes to include questions. So, at about 8
minutes in your testimony I am going to tap my gavel here lightly
and at 10 minutes in your testimony I am going to ask, if you have
gone that long, that you complete.
I hope we can hear all it is that each of you has to say in 10
minutes, because we do want to hear everything all of the wit-
nesses want to say.
If we are going to get that done today, we will have to enforce
strict time limits. Our first witness today is the chairman of the
Northern Cheyenne Tribe in Montana, Mr. Allen Rowland.
Allen, if you will come to the witness table please, we will be de-
lighted to hear your testimony.
[Prepared statement of Virginia Toews may be found in appendix
III.]
PANEL CONSISTING OF VIRGINIA TOEWS, EXECUTIVE DIRECTOR,
NORTHERN CHEYENNE HOUSING AUTHORITY, LAME DEER,
MONT.; AND ALLEN ROWLAND, PRESIDENT, NORTHERN CHEY-
ENNE INDIAN TRIBE
Mrs. TOEWS. Honorable Mr. Williams, we are pleased to be invit-
ed here and I think that this is significant.
If this bill goes through and we get housing, Park Service may
allow us to recommend your statue on the great monument out at
the hills here because this is a very, very important act for Indian
people and Indian housing.
My name is Virginia Toews. I am executive director of the
Northern Cheyenne Housing Authority at Lame Deer.
Mr. Chairman and members of the Committee on Interior and
Insular Affairs, it is a pleasure to be invited to comment today on
the Indian Housing Act of,1982.
Receiving good news into an area of so much to the contrary, this
bill is a source of hope from your committee who are taking an
active part in solving the persisting need of a large supply of
decent, safe, and sanitary housing for Indian communities.
The Department of Housing and Urban Development has been
the vital resource in meeting Indian housing needs over the past 20
PAGENO="0112"
104
years. This special program has been destined for extinction since
the early seventies, and received the final blow when Philip
Abrams, General Deputy Assistant Secretary for HUD, testified
before your committee on March 4, 1982, when he said our actions
regarding Indian housing were taken care of high costs, excessive
Federal requirements, management problems and the consequent
need to initiate a more effective and less costly Indian housing pro-
gram.
Despite HUD's inadequacies, approximately 40,000 units were de-
veloped for American Indians nationwide. Though progress has
been made, fewer than half of the targeted 90,000 new units have
been achieved. For the Northern Cheyenne, this translates into 648
families in desperate need of housing, not to mention those on the
verge of needing housing or the needs of new family formations
which the tribe and the housing authority are incapable of servic-
ing.
To have the only significant Indian housing program wiped out
in a poison pen letter to the Office of Management and Budget
tying an emotional bond between the Department and administra-
tion accelerated panic among the applicants on the very lengthy
waiting list at our housing authority.
We commend your committee and staff for developing a compre-
hensive housing bill taking all levels of family income into consid-
eration.
We have reviewed H.R. 5988.
The No. 1 commendable feature is, it seeks to eliminate a contri-
bution to the Federal deficit.
Your committee should be getting love notes from the adminis-
tration for such an heroic effort instead of poison pen letters.
Other commendable features in comparison to bondage under
HUD are:
One, it provides a comprehensive housing program with less fed-
eralism and less Federal control.
Two, it provides for greater flexibility for tribal leadership and
tribal control and encourages climatic and cultural design of units,
a cost effective delivery system with built-in management controls,
accountability and promotes local flexibility in decisionmaking.
Three, its requirements provide for minimal need of technical as-
sistance and allows an accounting system that any certified public
accountant would understand as opposed to HUD's complicated -
system that even they don't understand.
Four, it provides for standard housing for all income levels in-
cluding substantial rehabilitation and acquisition of new or stand-
ard housing.
Five, it eliminates the hassle of tribes dealing with 16 congres-
sional committees as it now does with the HUD Indian programs.
Not only would the enactment of this law reduce that number to
six committees, but would put the housing program in committees
that traditionally deal with the affairs of Indians.
Six, it dovetails and coordinates only two agencies-the Bureau
of Indian Affairs and the Indian Health Service, instead of the non-
functioning, complex and cumbersome tn-agency requirement
under HUD.
PAGENO="0113"
105
Seven, it allows each tribe to carry out its own responsibilities;
and when it does not, only that tribe is given due process without
penalizing other tribes.
Eight, it mandates, without fiscal limitation, funds under each
title to carry out related housing activities.
Those major concerns I will leave to the president of our tribe,
Mr. Allen Rowland, sitting to my right, to address to you.
The Northern Cheyenne Tribe has given considerable thought to
the bill and are ready to offer suggestions and improvements to
insure a workable program.
While the Northern Cheyenne Housing Authority still supports
the existing HUD-assisted Indian programs, in their present form
we would also support HR. 5988, provided major revisions such as
those outlined by president Allen Rowland of the Northern Chey-
enne Tribe would be incorporated in the act.
In conclusion, we also need assurance that the intent of this bill
won't fade into oblivion within a short time because of frightening
words found in section 203(b) "p * * Subject to the availability of
appropriations. * *
Thank you for your due consideration of these comments and re-
quests in behalf of the 648 Northern Cheyenne families who des-
perately need decent housing and for tl~se about to declare their
need.
Mr. WILLIAMS. Thank you very much, Virginia.
Chairman Rowland, it is nice to have you here today and you
may proceed.
Mr. ROWLAND. Thank you.
My name is Allen Rowland. As president of the Northern Chey-
enne Indian Tribe, I wish to extend my personal thanks to Mr.
Udall, Mr. Kildee, Mr. Williams, and other congressional cospon-
sors for recognizing the grave and serious housing problems con-
fronting the majority of Indian tribes today.
The sincere concerns of these congressional members have result-
ed in the drafting of H.R. 5988, which I interpret as proposing spe-
cific alternatives and options for Indian people who reside within
Indian territories to acquire safe, decent, and suitable housing.
After careful deliberation and consultation with members of the
Northern Cheyenne Tribal Council, I wish to address some rather
serious assumptions within the proposed bill which, in my opinion,
must be corrected before I or the Northern Cheyenne legislative
body can extend our full support in the proposed action.
For the past 20 years, the Northern Cheyenne Tribe has system- -
atically and intentionally consolidated its land holdings within the
exterior boundaries of the reservation.
Because of this extraordinary foresight, the Northern Cheyenne
Tribe is one of the few tribes which owns 99 percent of all lands
within its reservation confines, 90 percent being in trust status.
To further clarify this statement, this means that only 1 percent
of the land within the reservation area is not Indian owned or con-
trolled. The tribe has dearly sacrificed its social and economic well-
being in order to insure that its reservation is intact and solely
owned and controlled by its membership.
Still, these tribal lands are considered the last and final home of
the Northern Cheyenne people.
18-934 O-83---8
PAGENO="0114"
106
As I apply these facts about the Northern Cheyenne Tribe and
its land base to the proposed bill, I am deeply distressed and con-
fused about those provisions within sections 103, 104; sections
205(a), 205(b)(1), 205(d), 208(b), 209(b)(1), 209(c), 211(c) (2) and (3); sec-
tion 302, section 309(a)(1), section 309 (b) and (c), section 310, which
allude to the pledging and assignment of trust lands as viable
mortgages for those Cheyenne landowners who may wish to con-
struct, acquire, or rehabilitate a home on the reservation.
Personally I am outraged with the assumption that trust status
land is suggested as proper security for tribal housing, given the
fact that the Northern Cheyenne Tribe has consistently rejected
those proposals which were simply diminishing tribal trust lands
status.
Certainly the Northern Cheyenne Tribal Council and I are in no
way opposed to the concept of attaching trust accounts of individu-
al tribal members to insure payment on an incurred housing loan.
Yet if trust land is the crux for a mortgaging procedure which
gravely jeopardizes the status of Indian-owned land, I implore you
to reconsider this characterization and immediately omit the pledg-
ing of trust lands as collateral pledges from the bill.
The second presumption which distresses me as much as does the
suggestion to obligate individual trust lands for Indian housing se-
curity is that of a tribe being liable for the debts of its individual
tribal members and this is stated in section 205.
As the bill is currently drafted, a tribe must pledge its current
and future trust funds, which I might add are normally derived
from the leasing of tribally owned lands and leasing or sale of
other natural resources, as security for the proposed housing.
Again, I must stress that the Northern Cheyenne Tribal Council
and I are in absolute agreement that an individual tribal member
or family desirous of acquiring decent reservation-based housing
must, indeed, obligate his or her individual assets other than trust
land.
However, for the Northern Cheyenne Tribal Council and myself
to pledge existing and future trust funds is not only absurd, corpo-
rately and legislatively irresponsible, but constitutionally illegal.
I draw your attention to the fact that neither the U.S. Govern-
ment, nor Exxon Corp., for that matter, is liable for the debts of its
individual citizens or employees.
Certainly it is ridiculous to assume that the Northern Cheyenne
Tribal Government in its legislative and corporate authorities
shall, with the adoption of such proposed language, be liable for all
debts of individual tribal members.
I have attached a copy of the amended Northern Cheyenne
Tribal Constitution and Corporate Charter which specifically define
the legislative powers and responsibilities of the tribal council and
the restrictions and latitudes for uniform tribal economic develop-
ment.
Amended tribal constitution: Article IV, section 1, C, E, and N;
article V, section 1; article IX, section 2, 3, 4, and 5; Corporate
Charter; provision 1, provision 5(b) (1), (c), (d), (f); provision 7. More
specifically, it is not a responsible legislative nor corporate action
of the tribal governing body to pledge already limited tribal assets
to be used for the benefit of all tribal members, as just compensa-
PAGENO="0115"
107
tion for members who ignore or abuse legal obligations or individu-
al debts.
I am, therefore, suggesting that the Northern Cheyenne Tribe
through its corporate authorities charter a tribal housing corpora-
tion approved by the U.S. Secretary of the Interior and that all ex-
isting reservation HUD units, yet unpaid for, be transferred to the
corporation and thereby considered as corporate assets.
This housing corporation would realistically operate as a reserva-
tion-based housing loan institution for housing excluding the com-
mitment of tribal assets, such as trust lands or funds.
Quite frankly, I and the Northern Cheyenne Tribal Government
cannot nor will not consider obligating assets or trust funds to the
proposed legislative action as drafted.
My last concern in the proposed bill is that of statutorily obligat-
ing Indian individuals and families to a loan repayment schedule of
20 percent of the adjusted gross income.
Refer to section 209(a), (b) (1), and (4).
This suggested statutory repayment schedule was designed for a
national inflationary period and is totally inconsistent with the
economic realities on an Indian reservation that is experiencing a
47-percent unemployment rate of its employable labor force.
I must point out that there is no industry nor private business
sector on the Northern Cheyenne Reservation. Consequently, em-
ployment of employable tribal members hinges on the legal abili-
ties of the tribe to negotiate employment agreements with off-reser-
vation industry.
Normally such industry has expressed extreme reluctance to
fully commit tribal employment opportunities which will extend 5
years or longer, least of all 25 years or the proposed life of a hous-
ing loan.
I therefore implore the committee members and staff to omit this
section from the draft bill and address such loan repayment proce-
dures and schedules, preferably subject to negotiable repayment
schedules which do not exceed an excess of 17 percent in the forth-
coming regulations as the bill is redrafted and ratified.
In conclusion, I am requesting that the committee reconsider
these major problematic concepts within H.R. 5988, as drafted, so
that the Northern Cheyenne Tribal Council and I may offer our
full and unconditional support for a comprehensive Indian housing
bill which will allow Northern Cheyenne tribal members the oppor-
tunity to finance housing of their choice, at reasonable costs and
without jeopardizing their last and final homelands.
I can personally insure the committee that the Northern Chey-
enne Tribal Council and I will design and adopt all tribal laws nec-
essary to enforce adequate housing construction on the reservation
and provide viable collection mechanism for fair and just operation
of a reservation-based housing bank.
I thank you for your time, consideration, and commitment to im-
prove housing opportunities on the Northern Cheyenne Reserva-
tion.
Mr. WILLIAMS. Thank you very much. Virginia, I want to com-
mend both of you, particularly you, Allen, for your succinct and
frank statement here today.
PAGENO="0116"
108
We have taken close notice of both your support and your objec-
tions to certain parts of the bill.
We appreciate you both being here. Thank you.
Our next witness is Mr. Joe American Horse, president, Oglala
Sioux Tribe.
With him is Joe Little, housing director.
[Prepared statement of Joe American Horse may be found in ap-
pendix III.]
PANEL FROM THE OGLALA SIOUX TRIBE CONSISTING OF: JOE
AMERICAN HORSE, PRESIDENT; DON STEEL, VICE PRESIDENT;
AND JOE LITTLE, HOUSING DIRECTOR
Mr. AMERICAN HORSE. Good morning, Mr. Chairman.
On behalf of the Oglala Sioux Tribe, I wish to express my appre-
ciation for this opportunity to present testimony regarding the
House of Representatives bill H.R. 5988, the Indian Housing Act of
1982.
My name is Joe American Horse and I am the president of the
Oglala Sioux Tribe.
The Oglala Sioux Tribe is the second largest tribe in the United
States with an on-reservation population of 13,500 members.
The Pine Ridge Indian Reservation covers approximately 2 mil-
lion acres and is located in southwestern South Dakota.
The 1981 housing inventory compiled by the Bureau of Indian
Affairs showed that one-third of the existing housing units on the
reservation are substandard and there is an immediate need for
2,500 additional housing units.
I am pleased that the Congress of the United States has seen fit
to express its special relationship with the Indian peoples and
tribes of this Nation through the legislative effort outlined in H.R.
5988.
The proposed legislation provides a framework within which
sorely needed housing requirements can be realized while main-
taining the spirit of local Indian self-determination.
However, I feel there are some areas of the bill requiring clearer
definitions, changes in language, and additions, -which I will ad-
dress following the format of the bill.
Section 3(1). I feel there must be provisions developed to consider
the rancher, farmer, fisherman, artisan, or other self-employed
businessperson so the gross sales of his business are not used to de-
termine his income, thereby creating a class of persons who are un-
fairly charged.
The need for housing on the Pine Ridge Indian Reservation cuts
across all economic categories and I feel we must be open to meet-
ing those needs.
Section 102(a)(3). I recommend the committee consider the addi-
tion of the words "and or used" to be inserted after "new" and
before "standard housing" thereby allowing the tribe or tribal
housing agency expanded options in developing alternatives to
meeting housing needs.
The option to purchase housing developed under other funding
authorities should not be limited, particularly in view of the very
limited refinancing opportunities available on reservations.
PAGENO="0117"
109
Section 203(b)(2). I recommend the addition of language requiring
technical assistance for tribes and tribal housing agencies not
meeting a determination of the administrative, management, and
accounting capability to implement a proposed housing project.
Without such protection and direction, the potential for bureau-
cratic arbitrary abuses will be unchecked.
I further recommend that the involvement of tribes and tribal
housing agencies be required in establishing the details of funding
criteria.
Section 205(a). I recommend the development of language pro-
tecting the lands of the tribe as well as any funds obligated to the
purchase of lands or the repayment of loans for the purchase of
lands.
The Oglala Sioux Tribe has the income from many units of acre-
age assigned for the repayment of loans to the Farmers Home Ad-
ministration. I do not feel that it would be appropriate to jeopard-
ize the standing with a Federal agency or even the status of lands
by leaving the language as it is currently in the bill.
Section 205(b) (1) and (2). I recommend the development of lan-
guage requiring due process through tribal courts and offering full
faith and credit to tribal courts and judicial systems.
I feel this provision is necessary to prevent administrative laxity
and abuse under the current language in the two provisions, and to
continue meeting the direction of numerous court decisions regard-
ing due process requirements.
Section 205(d). I feel a 30-day period may be too short a time
period for due process principles to be served and recommend a 90-
day period to pay the amount in default and to provide the option
to negotiate a payment plan.
Section 206(a). I recommend there be added after "Provided, That
this initial disbursement shall not exceed $50,000 or 2 percent of
the total project" the statement "or whichever is greater."
This addition will insure that an agency developing a large
project has adequate resources to properly plan and execute such
projects.
Section 211(b). I feel the tribe and tribal housing agency should
have the option of making annual payments to the Government.
This method will allow the tribal housing agency to invest the
funds and give a larger amount to the Government on an annual
basis.
Section 401(a), (b), (c). I recommend there be included a provision
limiting administrative and employee costs with the Office of
Indian Housing Programs to an amount not to exceed 2 percent of
the total appropriations, to insure that the costs of administration
does not cut into the program.
Too often we have seen the bureaucratic structure grow un-
checked while the people for whom Congress appropriates moneys
receive less and less services.
Finally, because we have experienced, time and time again, the
administrative agency responsible for promulgation of rules frus-
trates, ignores, and outright violates the intent and spirit of con-
gressional action with the rulemaking process, I respectfully re-
quest that a provision be developed and inserted to insure that pro-
tection be provided.
PAGENO="0118"
110
While there are distinct principles of separation of powers, the
administration has not always acted in the best interests of the
law, and it is incumbent upon Congress to insure the creative use
of the checks and balances which exist to require full implementa-
tion of the law, in its full spirit and intent.
To this end, I recommend that Congress set a specific timeframe
for full implementation of the act, consistent with their appropri-
ations authority, and require a representative task force to be in-
volved in the rule formulation process.
In my review of H.R. 5988, I found the bill to meet many stand-
ards and qualifications necessary for fulfilling the pressing housing
needs on the Pine Ridge Indian Reservation and which are con-
cerns of the Oglala Sioux Tribe.
I feel the bill will allow more control and accountability in the
process of providing safe, decent, and sanitary housing to Indian
people, and I support this concept.
While we have had many problems with the Bureau of Indian
Affairs and the Department of the Interior in the past, we feel
their records of advocacy for Indian peoples and tribes is a solid
one and they can work with us to resolve the housing needs which
now exist on reservations.
I hope the adoption and implementation of the Indian Housing
Act of 1982 will effect a streamlining of the congressional process
now being used by the Federal Indian housing authorities under
the Department of Housing and Urban Development.
I hope my concerns were stated in reasonable but concise detail
to be of service to the hearing team and the committee personnel.
Again on behalf of the Oglala Sioux Tribe, I wish to thank you
for this opportunity to express my concerns and offer my ideas and
support. I hope we can continue to work together to resolve the
housing needs existing on my and other Indian reservations. Thank
you.
Mr. WILLIAMS. Thank you very much, Joe.
For the record will you identify the people who are with you at
the witness table?
Mr. AMERICAN HORSE. The gentleman on my right is Mr. Joe
Little, housing director for the Oglala Sioux Tribe Housing Author-
ity, and on my left is Mr. Don Steel, vice president of the Oglala
Sioux Tribe.
Mr. WILLIAMS. You mentioned that a recent housing inventory
demonstrated that about one-third of the existing housing units on
your reservation are substandard.
You further stated there is immediate need for about 2,500 addi-
tional housing units.
Will you discuss for the committee your general sense of the
housing conditions on the reservation?
Mr. STEEL. First, I would like to thank you for coming down and
getting the tribal input on this new bill.
Thank you for not introducing it in the Congress without our
input, and thanks, too, to Mr. Daschle, for his concern and interest
in attending here.
It seems that our great need for housing is being shown by you
in this bill. We appreciate HUD's endeavor, but this seems to ad-
dress our needs with the changes that we recommend.
PAGENO="0119"
111
The housing on the reservation, not through any fault of anyone,
there has become a deficit in several housing authorities. It is the
fault of the national level HUD, regional level HUD, the housing
authority, politicians on the reservation, tenants, everyone, and
over a long period of time.
It seems it came about by HUD not knowing exactly what their
rules and regulations are, and these are spelled out in the bill that
you are presenting.
The HUD houses we have need maintenance and upkeep on
them. They are very limited in serving the needs of the Oglala
people.
We have young families just trying to get established with no
housing. They have to live with their in-laws, relations. This cre-
ates a conflict with the families.
We have young families disintegrating, falling apart.
The other housing besides the HUD houses I know for a known
fact are some log houses. This is addressed~ in title I. I don't believe
there is enough money in there to address all of these situations. I
know it is not under your authority, but I have a lot of people that
haul water in cans for the basic necessities of life. For cooking, for
washing. I have people that don't have any electricity in their
houses.
Through your HIP program we have tried to improve the envi-
ronment of these types of houses by providing sheetrock for the in-
sides of the houses and to winterize the houses, fix the roofs so
they don't leak, and to fill up the cracks so they are not as cold.
We appreciate your effort in this area, but we do need more
money in that field. Our housing is substandard, like we said, one-
third of it.
I think BIA, in the census figures, our reservation has an unem-
ployment rate of about 82 percent. The housing needs they have
stated are 2,500 units, but it is greater than this. This is not taking
into account the younger families getting started.
Mr. WILLIAMS. Would you care to add anything to that, Mr.
Little?
Mr. AMERICAN HORSE. Mr. Joe Little.
Mr. LITTLE. Again, I would just like to reiterate the vice chair-
man and the chairman's greetings to you and your interest in
Indian housing.
Our tribe, as well as the housing authority, feels that this pro-
gram is a viable one and that it meets many of the needs of all of
our people.
The very low income to the very high income. Again, we do ap-
preciate your time and concern in coming here.
Mr. WILLIAMS. Thank you very much. We appreciate having all
of you gentlemen with us today.
Mr. STEEL. Could I say one more thing, please?
Mr. WILLIAMS. You bet.
Mr. STEEL. I would like to stress what the Northern Cheyenne
have brought out in using as collateral the trust land. It is one of
our objectives to establish a land base of our people.
We believe this is where the future of our people lies. This is
where our culture and heritage are going to be kept alive, with the
PAGENO="0120"
112
land, and we would like to stress that point that Northern Chey-
enne made on using the trust land as collateral.
Also, in our bill, using obligated trust funds as collateral and pos-
sibly taking of obligated trust funds because in establishing this
land base that we are trying to do, we have, through FHA, several
loans and trust funds obligated to FHA. Thank you.
Mr. WILLIAMS. Thank you, gentlemen.
Our next witness is Mr. Darrell Wadena, president, Minnesota
Chippewa Tribe. Darrell.
[Prepared statement of Darrell Wadena may be found in appen-
dix III.]
STATEMENT OF DARRELL WADENA, PRESIDENT, MINNESOTA
CHIPPEWA TRIBE, ACCOMPANIED BY GEORGE V. GOODWIN,
EXECUTIVE DIRECTOR
Mr. WADENA. Mr. Chairman, members of the committee, staff.
This is going to be brief. We have got a plane to catch so we have
to get going.
My name is Darrell Wadena; I am president of the Minnesota
Chippewa Tribe, comprised of six distinct bands, White Earth,
Leech Lake, Nett Lake, Fond du Lac, Grand Portage, and Mille
Lacs. Accompanying me is Mr. George V. Goodwin, executive direc-
tor of the tribe.
We are opposed to the bill as proposed. The concept of providing
for Indian housing through a mechanism other than the Depart-
ment of Housing and Urban Development has merit and could be
supported. With the reality of the administration's position to elim-
inate public housing, we must explore other options for Indian
housing.
It has long been argued that the public housing system, through
the Department of HUD, was inappropriate for Indians and was
thrust on us as an afterthought. This was done without considera-
tion for the consequences of its complex and inappropriate delivery
and management systems. These systems were developed for large
metropolitan housing authorities with large trained staffs.
Now, after years of struggling with this cumbersome system and
winning congressional and administrative concessions, we have
achieved success in the establishment of an Office of Indian Pro-
grams within the Department that is responsive to our circum-
stances.
Now, because of an unconcerned, insensitive President, we are
faced with losing our housing program.
We are strongly supporting the continuation of the public hous-
ing program for Indians presently being delivered by the Depart-
ment of HUD Office of Indian Programs.
In the event that the administration does achieve its inhuman
goal of dismantling the public housing system, we could support
the proposed housing program being considered here today. This
bill could be acceptable if the following amendments are made to
it:
The first and most significant of our concerns regards section 205
of title II where the Secretary is proposed to be empowered to
attach any obligated or unobligated funds held by the United
PAGENO="0121"
118 H
States for the benefit of any Indian or Indian tribe. This proposi-
tion, as presented, is an insult to the integrity of tribal leaders.
The Minnesota Chippewa Tribe, in cooperation with the State of
Minnesota, has developed a housing program which we are proud
of and which is somewhat similar to that being proposed in title II
of this bill.
Since the program's inception in 1976, the State of Minnesota
has appropriated over $11 million for the housing needs of the Min-
nesota Chippewa Tribe which have been loaned to us without the
intolerable restrictions the U.S. Government is proposing here.
Over the 5-year period that we have had State funding, we have
developed 370 houses on scattered sites without any loss of the
principal sum loaned to us.
The U.S. Government, within its trust responsibility, should be
responsible for adequately housing its Indian people. Yet, while
proposing to support Indian self-determination with resources far
beyond the magnitude of the State of Minnesota, it cannot supply
these needs without overly restricting tribal leaders with section
205 of this bill.
I implore this distinguished body to take a look at and a lesson
from the State of Minnesota and treat us as fairly as the Minneso.
ta Legislature and Governor have.
To make this bill acceptable to tribal governments, section 205 of
title II of this bill, with its supporting sections 209 No. 4 and 210
No. 3 must be stricken.
It is our belief that there are already sufficient safeguards within
this bill to assure the program's integrity.
We also question the administrative capability of the Bureau of
Indian Affairs to develop and implement a program of this magni-
tude.
We also question the administrative ability of the Bureau of
Indian Affairs' ability to administer this bill. This is as important
as the proposed program.
There are many examples of the Bureau's inability in this area.
It is our belief that if this bill is implemented as it is proposed,
the Bureau of Indian Affairs could not develop the staffing capabil-
ity anywhere near that of the existing Office of Indian Programs
within the Department and, if history repeats itself as it always
does with the Bureau of Indian Affairs, we will never achieve the
delivery and management capabilities that are proposed to be
eliminated. -
We are proposing that if the Department public housing pro-
grams are eliminated, as the administration is proposing, that the
existing Office of Indian Programs' staffs, dealing with develop-
ment of Indian housing, be folded into this new program. It would
be a shame to lose this efficient supportive staff capability.
We believe this bill should also be revised to limit the Secretary's
discretionary powers over the proposed housing. This bill, as pro-
posed, is in direct opposition to the principle of Indian self-determi-
nation and herein is striving to limit the elected tribal leadership
role, while strengthening that of the Secretary.
This question must be addressed and revised throughout the
entire bill. At a minimum, determination, when made, must be
PAGENO="0122"
114
made by the Secretary or his designates in consultation and with
the approval of the tribal government.
We see that there is too much leeway here for Bureau staffs to
make determinations which are not in line with the tribal govern-
ment's wishes.
There are also references throughout the bill that include the
Indian Health Service as responsible for providing facilities and as-
sistance.
We believe that these references must be stricken and the water
and sanitation responsibility should be incorporated into the hous-
ing bill and provided for with appropriate authority being trans-
ferred from the Indian Health Services appropriatiori~
We have too often encountered administrative incompetency and
runarounds by the Indian Health Service which has proven its in-
ability to work together with the housing programs when needed.
We feel the triagency agreement of the 1960's did not work and
that the biagency cooperation called for herein will not work any
better.
Unless the delivery mechanism necessary for this housing is pro-
vided for under one administrative structure, the problems of the
triagency agreement are inevitable.
The restrictions on housing being built only on trust lands
should also be revised to allow for utilization of fee lands both on
or near reservations.
The Minnesota Chippewa Tribe, in development of housing, has
repeatedly found it necessary to purchase land for housing pur-
poses. A large proportion of our lands are low and inaccessible and
not adaptable to housing construction. We have found that lands
are available on a scattered site basis that can be purchased at rea-
sonable costs.
The annual review of income proposed without restrictions could
cause considerable problems, as it does now within the HUD re-
quirements.
We propose that a 5 percent maximum per year be inserted here
so that motivated self-improvement in our society is not stifled by
overly penalizing homeowners for improving their financial posi-
tion.
In the area of construction by Indian-owned enterprises, allow-
ances should be made to allow for letters of credit and/or 10 per-
cent holdbacks to assure quality and completion of the projects.
Housing construction has been and should continue to be recog-
nized as a form of labor for Indians and all efforts should be made
to assure this construction to go to Indian enterprises.
There should also be consideration of and allowance for the man-
agement and modernization of the existing HUD housing stock.
Without incorporating existing HUD programs with this program,
unnecessary confusion will result. It is also inevitable that because
of the lack of concern by the administration for public housing,
with the ensuing administrative funding cuts, the existing housing
will deteriorate. This must not be allowed to happen.
We also see the need for an Indian advising group made up of
tribal designated leaders to assist in the drafting and reviewing of
the regulations and program.
PAGENO="0123"
115
In conclusion, the Minnesota Chippewa Tribe strongly opposes
the proposed Indian housing bill as written.
In the event that the public housing program does get eliminat-
ed, we could support the proposal but only after considerable revi-
sion.
Thank you for the opportunity to testify on this most important
issue.
Mr. WILLIAMS. Thank you very much, Darrell.
The committee has noted your suggestion in opposition to the
legislation as it is now written. We appreciate you taking the time
to come up here and share your thoughts with us.
We will let you go catch that plane.
Mr. WADENA. Thank you.
Mr. WILLIAMS. We also have another person who has a transpor-
tation difficulty. I am going to ask that they come forward now. I
am going to insert them in our list of witnesses. That is Ken Cadu
with the Kickapoo Tribe in Kansas.
STATEMENT OF M. KEN CADU, CHAIRMAN, KICKAPOO TRIBE,
KANSAS
Mr. CADU. Thank you, Mr. Williams.
Mr. Williams and staff members, I want to thank you for this op-
portunity to testify here today.
Just as my ancestors have done in the past, I have traveled
many miles to meet the people who represent the Great White
Father.
I think what comes to my mind and the Kickapoo people when
reading this bill is that it is a good bill which needs some revision.
One of the problems that exists is that it does not, and I could
very easily bring out the importance of the tribe's ability to negoti-
ate with the people on the staff who are going to be running this
program if the bill is adopted.
Many times bills such as these are written to alleviate a needed
problem, just as this is. All of the tribes have the need for housing.
The problem and the danger comes not so much in the bill as it is
written, but in the mechanism that follows in writing up the imple-
mentation of the bill.
I think here the real danger lies in how the bill is going to be
administered, how the program is going to be run, because we have
problems in the HUD program, not because of the need for the pro-
gram, but because too many bureaucratic regulations are written
into the program. -
These regulations act as a constraint in allowing the tribes to
run the kind of program that would be more beneficial to each in-
dividual tribe. I think this bill needs to bring out that individual-
ness of each tribe and allow that the housing committees or hous-
ing agencies, as the bill speaks to, can have the power to negotiate
each individual problem area.
When I say each individual, it is because each tribe is not the
same. It would be impossible for one bill to fit the needs of every
tribe. Every tribe has its own individual characteristics and its own
individual problems, and the bill, as it is written, or any bill as it is
PAGENO="0124"
116
written, does not answer or meet all of the needs, or answer all the
problems.
So we must add to this bill, to every section of it, add that the
final decisions in all areas would rest and rely on the negotiation
of the housing agency and the program staff because no tribe
wants to weaken or bring into jeopardy the trust responsibility.
The trust responsibility could be endangered by this bill. I think
we have to be on guard against that happening. I think every tribe
here is aware of that danger, and every tribe in its own way voices
that danger.
The trust responsibility is something that was brought about not
by a single administration or by legislation, but it was brought
about because of treaties between ~each individual tribe and the
U.S. Government as one nation to another.
We must remember that, always keep that foremost in our
minds, and it is a good thing because of that it is a good thing that
this bill is being introduced, because the Indian people should have
a separate housing bill.
We should not be included in other housing programs because we
do not enjoy special trust relations because we are a member of a
minority group or because we are poor people, but it is because we
are members of nations, individual tribal nations. So this is what
we must always keep foremost in our minds' and work to make this
bill a successful housing bill for the Indian tribes.
I want to say here that the Kickapoo people will support this
bill, given that these considerations can be added to the bill.
Mr. WILLIAMS. Thank you very much, Ken. We appreciate know-
ing the thoughts of the Kickapoo Tribe.
You raise an interesting matter, and that is the suggestion that
the Congress write laws in such a way that they meet and allow
flexibility for each tribe.
When Congress has tried to do that in the past, we find that
sometimes such legislation is unworkable and the American citizen
objects to a laxness and a flexibility that allows what many people
believe to be a misuse of their funds.
Not necessarily tribal misuse of funds, but by localities, States,
counties, cities. So, as the Congress tries to tighten up the law, and
make the law or the regulation more constrained, there are then
objections on the other side saying this is inflexible and it fits fine
for New York City, but it doesn't fit very well for Rapid City.
It is a difficult problem for the Congress. I appreciate the diffi-
culties that you have, likewise, trying to deal with it.
Mr. CADU. Yes, sir. I would like to add a little more in that area.
I hear what you are saying, and I appreciate your responsibilities
and your position. When I talk about the things that I talked about
there in regard to that area, I think what I am wanting is to have
the Congress depend more upon the tribal governments to become
responsible.
More that the Congress would allow them to become responsible.
I know in our HUD program just as many, we have a problem in
our accounts receivable area. The problem started from the begin-
ning because the HUD regulations, or the program as it is written,
did not give the tribe full authority to run its own program.
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117
If that full authority was given to the tribe, we would very defi-
nitely at this time have a better run program. This is what I am
talking about. This bill needs to allow each tribe to negotiate and
come to an understanding on the areas where the tribe knows
what has to be done.
We have never had in our program the jurisdiction to really run
our program. We want that responsibility.
Mr. WILLIAMS. Thank you very much.
The next witness is Mr. Auguste Little Soldier, vice chairman,
Fort Berthold Tribe, North Dakota.
PANEL FROM THE FORT BERTHOLD TRIBE OF NORTH DAKOTA
CONSISTING OF: AUGUSTE LITTLE SOLDIER, VICE CHAIRMAN;
NATHAN PAUL GOODIRON, MEMBER HOUSING AUTHORITY;
AND ROY BIRD BEAR, MEMBER HOUSING AUTHORITY
Mr. LITTLE SOLDIER. Mr. Chairman, members of your committee,
it is an honor to be asked to speak in behalf of the three tribes on
the Fort Berthold Reservation in North Dakota.
I have with me one of the board members of the housing authori-
ty. To my left Roy Bird Bear and to my right is Nathan Paul Good-
iron, also a council member from the tribes.
We do not have any statements here at the present time but we
would sure get them to you has soon as possible.
Mr. WILLIAMS. Our hearing record will remain open until May 4.
If you will send them, we will include them in the record. Thank
you.
Mr. LITTLE SOLDIER. Our reservation is more or less kind of a
unique situation. We are scattered into five different counties. We
lost the heart of our reservation to the Garrison Dam, which has
been a problem to us, for us throughout all these years, since 1950.
We are still suffering the effects of that Garrison Dam.
We have five counties we are involved in. We feel we have been
treated unjust. We have lost a lot of our opportunities that we
have. We are scattered into five different segments due to the Gar-
rison Dam.
My place is on the south southern segment. It takes me 21/2 to 3
hours, due to the weather, to go from my place to our headquarters
in New Town.
It has affected us, especially on the south side.
In our housing, I think the bill, as it is, needs to be revised. I
think that what you are doing here is very commendable, that you
are looking at the Indian side of it, the problems we have and the
problems that are existing and are going to exist for many years.
I think you are doing a wonderful job when you come to the
Indian people and say just what we would like to have.
So at this time I would like to turn the microphone over to Mr.
Goodiron.
The other thing I want to say before I turn it over is I speak
better when I have a TV camera on me. But since they are gone, I
will have to turn it over to my copartner.
Mr. GOODIR0N. Mr. Williams, because the ever-present need for
new housing for Indian reservations has been dampened by current
budgetary cuts by the Federal Government I recommend passage of
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118
H.R. 5988, also known as the Indian Housing Act, with, but not
limited to these modifications.
This pamphlet contains recommended modifications of the
Indian Housing Act by J. F. Wagonlander, retained by the Fort
Berthold Housing Authority.
The key is section 205. The three affiliated tribes use trust funds
from the yearly operating budget. It is not inconceivable but possi-
ble that the three affiliated tribes could operate a percentage,
rather than all trust funds, of their yearly interest moneys to meet
delinquent financial obligations.
In closing, I am keenly aware of the May 4 deadline for com-
ments and will address this to other tribal officials for further com-
ments.
Thank you.
Mr. BIRD BEAR I also want to thank you for appearing here
before the tribes and giving us a chance to say what we would like
to say about the act before Congress takes it and passes it or does
whatever it wants to.
My experience, I have been elected in 1972. I have been around
here for 10 years and I have seen a lot of programs come and go,
some good ones I could say and some not so good.
Anyway, to me this is a new program, another program for us.
How long will it go before we have to orientate ourselves with a
new program?
We just got through with HUD at Fort Berthold. We finally
came to understand some of the regulations, what it really means
to the U.S. Government in their dealing with us in housing.
This new act, nobody knows where it is going to be administered
from. The Bureau of Indian Affairs, or Interior. But there is noth-
ing definite said about what would be handling or monitor.
I realize the tribes will be involved, but to how much, the extent
of it.
Like he was reading, Mr. Wagonlander said this will just be
transferred into the Bureau from the Indian program under HUD.
This should be done before.
We have been dealing with the Bureau for many years and
maybe we understand the Bureau.
At Fort Berthold we need the housing. But the U.S. Government
officials seem to tell us that it is up to the U.S. citizens.
Every little thing has to go back to the public citizen of the
United States who pay the taxes that we are subject to.
Whether we are calling ourselves a nation or a tribe, we should
somehow, the Congress of the United States should find a way to
deal with us tribes because if we are going to be talking as a nation
and not some tribal person under the U.S. Government, we must
have some ways to negotiate housing, whatever we have.
What I would say about the act here is that it sounds all right to
me. But when it comes to trust property, trust land, that is where I
would disagree with the title III, or whichever title that was.
Anyway, it concerns the trust land.
Like I say, if we are a nation, we are going to deal with this U.S.
Government as a tribal people, we just go further in depth in hous-
ing, not just treat it as another ordinary program that is going to
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119
come here for maybe 3, 4 years, and disappear and another new
program appear.
So, with that, I guess I would turn this over. I thank you for
being here.
Mr. WILLIAMS. Thank you very much, gentlemen.
Roy, let me note that in my judgment you are correct. That just
about the time you become used to one program and stability sets
in, you become comfortable with it, the Congress undoes it and
puts a new program in its place.
Let me assure you that is not our intention. We want the current
program administered by Housing and Urban Development to con-
tinue.
Your problem and our problem, those of us such as Tom Daschle
and myself and Chairman Mo Udall, who support the current
Indian housing programs, have is that the President wants to ter-
minate the current program.
If that happens, you need a workable effort to take its place and
we simply have this legislation as backup so that your housing pro-
grams don't fall through this safety net that someone is supposed
to have constructed out there.
We thank you gentlemen for your testimony.
Mr. LITTLE SOLDIER. I would like to make one more comment for
the record. They call me Gus Little Soldier. That is my rodeo
name. I would like it changed to my real name, Auguste Little Sol-
dier.
I want to thank you again for giving us this opportunity and I
hope that from now on you contact the tribes through the Nation
on problems that exist, that are going to exist throughout our
Nation, because we all are concerned about our Indian people
which we represent.
I want to thank you very much. Thank you.
Mr. WILLIAMS. Auguste, let me ask you this. Did you stay on the
horse longer when the TV lights were on?
Mr. LITTLE SOLDIER. That is the only time I performed good.
Mr. WILLIAMS. You performed just fine today and we appreciate
having you here.
[EDITOR'S NOTE: The prepared statement referred to above had
not been received at time of printing, and will be placed in the
committee's files of today's hearing when received.]
Our next witness is Mr. Elmer Blackbird, chairman of the
Omaha Tribe, Nebraska.
[Prepared statement of Elmer Blackbird may be found in appen-
dix III.]
STATEMENT OF ELMER BLACKBIRD, CHAIRMAN, OMAHA TRIBE,
NEBRASKA
Mr. BLACKBIRD. Mr. Chairman, members of the committee, I am
Elmer Blackbird, chairman of the Omaha Tribe of Nebraska. Prob-
ably some of the testimonies covered some of the things that we
have to present. However, I would like to testify on behalf of the
Omaha people in regards to what we feel about the new Indian
Housing Act of 1982.
PAGENO="0128"
120
The past efforts of the concerned Congressmen and committee
members in restoring the 4,000 units for the Indian housing is
greatly and deeply appreciated.
I also would like to add that this is a first hearing that I have
attended that we have officials from Washington offices. I feel like
maybe we may be heard at this hearing. Thank you for coming.
The Omaha Tribe is experiencing lack of decent and safe housing
for families of the reservation. In addition to seriously substandard
housing, we have a shortage of housing that is causing overcrowd-
ing. Two, three, and four families are living in many of the recent-
ly constructed homes.
We are encouraged by the directions suggested in the Indian
Housing Act of 1982. Efforts to maximize the tribe's planning, im-
plementation, and control of housing efforts for its people are good.
The local tribal government is in the best position to turn limit-
ed housing resources into effective housing to meet needs of fami-
lies that vary greatly from reservation to reservation.
We ask that as regulations are written to implement this act em-
phasis is made to eliminate the vast amount of delaying procedures
and paper presently hobbling the construction programs of the De-
partment of Housing and Urban Development.
I feel most tribes are able to construct housing at cost signifi-
cantly below those now experienced through HUD by reducing
many of the nonconstruction costs.
In addressing the specific language of the act we would make the
following comments:
Title I. Indian housing improvement program continues the HIP
program as we are now using it. With good management this pro-
gram has been very effective on the Omaha Reservation. We en-
courage full funding of title I as the best deterrent to further re-
duction of the limited housing stock on the reservation.
Title II. Indian housing finance fund offers the best possibilities
and perhaps some of the greatest problems.
The people of my tribe are responding well to a homeownership
program. Pride in ownership, opportunity for location selection,
gardening, and other self-sufficiency efforts are all emerging as
families change from "renters" to "owners."
More than 150 families applied for the new 32 units being devel-
oped. Waiting lists of over 100 exist for the rental housing units.
The financing process under title II seems fair and reasonable.
Even with our lower family incomes, the majority of our Omaha
people could afford payments as described in the title II program.
We are concerned with the provision of section 205(a), allowing
the Secretary to attach trust funds. We believe that many tribes
may be able to give adequate assurance to the Secretary through
the provision of other guarantees for the proper repayment of
funds due to be collected from homeownership participants.
We would recommend the security requirements be negotiated as
part of the agreement as defined in section 204 and be individual-
ized as appropriate for each tribe.
It should also be the intent of the Secretary to consider the
tribe's present management capabilities and specifically its demon-
strated capabilities in housing program management in assessing
the risks in loans from the fund.
PAGENO="0129"
121
Section 206 related to disbursement of moneys to the tribe for
construction may have been usefully changed to allow for one addi-
tional type of construction. By allowing for an advance drawdown
for an estimated 30 days of direct construction costs, a tribe with
housing construction capabilities in place could build a small
project of 5 to 20 units on a reoccurring basis.
This would improve local employment, reduce costs of construc-
tion by out-of-the-area contractors, and eliminate construction fi-
nancing costs. On smaller reservations this could reduce signifi-
cantly overall development costs while making a maximum impact
on the reservation economy.
Title III. Indian housing loan guaranty fund is a good addition to
housing options for Indian families. Although it should work well
for families with good incomes, we expect it will take a long time
to develop. In our area, Indians with fee title to land and a good
credit position still find it difficult to obtain housing loans.
Under title IV, I would emphasize the need for training pro-
grams for new homeownership families. Basic home maintenance
training is a need for many of our families.
In conclusion, I appreciate the opportunity to come before you on
behalf of my tribe. I know that a continued Indian housing pro-
gram, particularly now, is vitally important to Indian people every-
where.
My thoughts and words have not been expressed lightly as I
speak for my people. Please give them your utmost consideration.
I will be happy to answer any questions you may have. Thank
you for your time.
Mr. WILLIAMS. Thank you, Mr. Blackbird. We appreciate having
your testimony on behalf of the Omaha people. You have made spe-
cific suggestions and we are glad to have them. Thank you.
We will now hear from Mr. Eugene Begay, councilman of the Lac
Courte Oreilles Tribe, Wisconsin.
[Prepared statement of Eugene Begay may be found in appendix
III.]
STATEMENT OF EUGENE BEGAY, COUNCILMAN, LAC COURTE
OREILLES TRIBE, WISCONSIN, ACCOMPANIED BY R. DUANE
SLAYTON, ESQ.
Mr. BEGAY.My name is Eugene Begay and I am an elected coun-
cil member of the Lac Courte Oreilles Tribe in Wisconsin. I would
like to thank you for. this opportunity to testify on the Indian
Housing Act of 1982.
It is also good to see Mr. Daschle and Debbie Brokenrope this
morning.
I have with me, gentleman, legal counsel of our tribe, Mr. Duane
Slayton, assisting me this morning also.
We have 25 copies of our written statement.
Mr. WILLIAMS. Without objection, we will accept the full state-
ment for the record. Thank you.
Mr. BEGAY. What I will try to do is abbreviate our statement and
divide it into 5 or 6 minutes and have time for questions.
Mr. WILLIAMS. Thank you.
18-934 O-83----9
PAGENO="0130"
122.
Mr. BEGAY. On balance we applaud your efforts in coming up
with H.R. 5988. We can live with it with several changes.
Your good intentions are noteworthy, especially in light of
HUD's lack of funding emphasis.
As a complete substitute for most of HUD's housing programs,
however, it does nOt entirely do the job. We would like H.R. 5988 to
include, as we detail in our written statement, the following:
First, there should be grants for tribally-owned rental housing in-
cluding low-income rent subsidies. Nowhere in the bill do I find the
provisions for rental units.
Second, to allow flexibility so tribes can build high quality ade-
quate housing which meets the different needs of tribal people rea-
sonable features must be allowed. Common meeting areas, road
constructions, all basic utilities such as water, electrical power,
telephone and including necessary cable TV and other modern con-
veniences now enjoyed by the majority of society.
We believe the bill does not adequately provide enough money to
meet the housing needs of our tribe or tribal housing throughout
the country.
We believe the amounts proposed in the bill should be increased
at least by four to five times the amount.
We would like to also promote and help implement tribal Indian
preferences in the bill so that tribal construction companies will
have the opportunity to participate in the construction of these
new housing units.
The bill does not address Indian preference or contract prefer-
ence in the bill. That should be addressed.
We also believe that the BIA does not have capable housing per-
sonnel to administer this program. We would recommend that the
Office of Indian Housing Programs be staffed with capable Indian
people to administer the program.
We would also recommend that the new Office of Indian Housing
Programs not be funded out of this bill, but that additional
moneys, appropriations, be provided, rather than taking it out as
recommended here.
We also recommend tribes and housing authorities be allowed to
negotiate and make agreements with other agencies of the Federal
Government and State agencies also, if necessary.
Housing authorities under this bill should not be locked into ex-
clusive arrangements or agreements with the Office of Indian
Housing Programs as proposed.
We consider that perhaps the most important issue in this bill is
the jeopardy of trust funds suggested to be used as security or col-
lateral in making disbursements against the fund.
We believe there are other means of collateralization that exist
for security purposes.
We also recommend that the definition of Indians as designated
in the bill be changed.to that as used in Public Law 93-638.
We also recommend that the prime legal authority in this bill as
it may relate to foreclosures or other legal actions, that the prime
authority on an Indian reservation is the tribal government and
the tribal court, and that we do not recommend that any reference
or actions be made such that we would have to go through State,
PAGENO="0131"
123
through the State court system or other local units of governmnent
for assistance.
We also recommend that sales for the new housing be allowable
after 5 years as described, as 5 years, rather than 10 years, as de-
scribed in section 104.
We also recommend that administrative funding be included in
the administration of a new housing program in the nature of con-
tract support funds, sometimes called indirect costs, for the tribe.
We also recommend that the bill permit funding to be used to
acquire land, even if a tribe has other land, to allow tracts larger
than just for the housing units to be acquired.
- We also recommend that tribal housing authorities and housing
plans be developed as uniform as possible across the country, with
recommendations made by Indian leadership as to the basic crite-
ria, for example, for housing authorities' responsibilities.
One of the problems we experience on our reservation is that
without the lack of enforcement or outside provisions by the Gov-
ernment we find that housing authorities become entrenched in fa-
voritism and also in politics.
Housing is a very important issue and should be kept out of poli-
tics as much as possible.
We also recommend that the 60° Fahrenheit minimum tempera-
ture in the coldest weather be increased to at least 72°, because el-
derly people are unable to sustain and maintain good, healthy con-
ditions in 60° Fahrenheit in a home. It is important that that be
increased to 72° at least.
The BIA should be kept out of direct service delivery under this
bill. The BIA has trust responsibility to protect tribes under law.
They should be in the capacity of an enabling agency, rather than
providing direct services.
We also recommend section 212(b) where it pertains to the
Indian Health Service.
We believe that the tribe should have the first option to develop
its own standards for construction, plumbing, and heating, and the
standards for water quality and sewage disposal systems.
There also should be addressed in the bill the issue of archeologi-
cal clearances. On our reservation, for example, there are many
burial grounds where our people were buried during the epidemic
about 50 years ago. A lot of those graves are unidentified. There
should be provisions in there of what to do in case such as that
where there may be archeological disturbances to burial grounds.
We recommend that the loan guaranty program remain in HUD
and the Farmers Home Administration be expanded with appropri-
ations and special provisions for Indian people.
Last, I would like to also say that the bill should also address the
standards of construction that tend to develop housing of a match-
box-type housing. We need housing that looks to the future.
I would recommend that we deal with the issue of appropriate
technology, where housing, Indian housing can utilize solar energy
and natural lighting and earth mounding, and other appropriate
technology techniques where we do not need to use a lot of electri-
cal power to provide light and heat for our homes.
There are many innovative housing constructions going on like
that throughout the world.
PAGENO="0132"
124
I thank you for this opportunity again to present this testimony,
and we are open for questions.
Mr. WILLIAMS. Thank you very much, Gene. We appreciate these
specific suggestions on behalf of the Lac Courte Oreilles people.
I have noticed you indicate perhaps we need an appropriation as
much as four or five times as much as this bill provides. Perhaps
we do. But you know the politics in this Congress and the adminis-
tration.
Many of us believe we will be lucky to get what this bill provides
in the way of dollars. We certainly can't in my judgment get much
more.
You are correct in your concern that there is no provision in
here for rental units. If the President is successful in accomplish-
ing the termination of the current program, then we would indeed
have to find a way to deal with rental units.
With regard to the 600 temperature provision, that simply is a
minimum. If the tribe wants to set it higher, we leave that to them.
We thank you for your testimony here today.
Mr. BEGAY. Thank you.
Mr. WILLIAMS. Mr. Rick Farrell, housing director, Confederated
Salish and Kootenai Tribes in Montana.
Mr. DASCHLE. Mr. Chairman, in the interest of time I have with-
held many of the question and comments that have occurred to me
as the testimony has been presented. But one persisting question
that comes to mind as each of the witnesses comes forth is section
205 and the collateralization requirements here.
Just about every witness has made reference to the fact that
there are means other than what is provided in the legislation. So,
if the remaining witness, as they go through their comments with
regard to section 205, will be more specific as to what those other
means are, it would be very helpful to me. Also, any changes re-
garding other collateralization that exists would be helpful.
I would hope other witnesses could address that.
Mr. WILLIAMS. That is helpful, Tom.
As you know, we want folks here to understand that the Con-
gress is absolutely adamant about requiring proper security for
tribal housing. If the occupants of the house are unable to make
the payments, the Congress wants to find some reasonable way in
negotiations with the tribe that the tribe make the payments.
But let me assure you that any bill which does not provide
proper security cannot pass the Congress, period. So we have got to
come to some kind of agreement.
*Rick, it is nice to see you here. Please proceed.
[Prepared statement of Rick Farrell may be found in appendix
III.]
STATEMENT OF RICK FARRELL, hOUSING DIRECTOR,
CONFEDERATED SALISH AND KOOTENAI TRIBES, MONTANA
Mr. FARRELL. Mr. Williams, Mr. Daschle, members of the com-
mittee, my name is Rick Farrell. I am here today representing the
Salish and Kootenai Housing Authority and the Confederated
Salish and Kootenai Tribes of the Flathead Reservation.
PAGENO="0133"
125
I would first like to extend my appreciation for allowing us this
opportunity to express our views of the congressional bill, provid-
ing for a new Indian housing program and for the extensive time
and effort all of you connected with this bill have put forth.
It is refreshing to behold something positive for a change coming
from the political arena in regard to tribes and Indian people. You
and your constituents are to be congratulated for this endeavor; it
reflects a sentiment and concern that is welcomed at this end.
Whether or not HUD has admitted that they do not wish to con-
tinue the current Indian housing program, I think the indicators
are obvious.
One, zero funding for the 1983 budget.
Two, the proposed recision of the 4,000 units allocated for fiscal
year 1982 and the subsequent impounding of those funds not re-
cinded by Congress as per the administration's request.
Three, the proposed action to recapture any of the units in prior
fiscal years that have gone unused.
Four, decreased and delayed operating subsidies for fiscal years
1981 and 1982.
With figures like these, the outlook for Indian housing is bleak.
The certificate system which is the administration's alternate to a
subsidized housing program is not a realistic solution for housing
assistance on the reservations because of the trust status of the
land.
This information points out three things:
One, that the HUD housing program as it stands today, even
after repeated attempts to correct problems and to transfer the
total blame for failure to the Indian housing authorities, is in trou-
ble because of its inability to effectively meet its own expectations
and abide by its own obligations.
Two, that we have been totally omitted from the administration's
plans for Federal housing assistance and have been shown little or
no concern in response.
Three, that there is a need and consequent support for a new
Indian housing program that will be responsive to the Indian
People and will satisfy a desperate need for housing in Indian
country.
We are therefore endorsing this bill, proposing the new Indian
housing program, and will commit our assistance and cooperation
to seeing it become what we view were the author's primary in-
tents, a housing program more deregulated, locally controlled, and
responsive to the housing needs of the targeted Indian people.
The basic concept of the bill reveals considerable and careful
preparation and detail and reflects nearly all concerns I am aware
exist in regulation to the issue of Indian housing.
In answer to the burden of overregulation and complexity of the
existing program, the bill purports simplification on the Federal
processing level as well as in the local management areas.
In response to concerns of all kinds with financial accountability
and program integrity, the bill advocates a partial payback system
supported by a tribal guarantee to insure accountability and re-
sponsibility.
PAGENO="0134"
126
To cut appropriation hassles and congressional committee coordi-
nation, the program has been ifitered down to one administrative
agency with fewer committee contacts for funding reviews.
In answer to a program that for years did not adequately cover
the housing needs of certain and large segments of people on the
reservation, this new housing provides a title of assistance for fami-
lies of every level of income.
Where once we were limited to specific types of housing assist-
ance and avenues of delivery, production, and management under
HUD, we now have the potential for more diverse and locally ap-
propriate and discretionary methods.
On a whole, the bill challenges all the problems which we have
or are presently experiencing and incorporates sound and reason-
able solutions that should enable us, in the tribal housing business,
to run a program that accomplishes what it intended without being
eaten alive.
I recognize that the purpose of this hearing is to comment on
and review the proposal in question and to provide my views and
those of the people I represent to consider its workability and
insure its sucess.
I am therefore providing an attachment for the record containing
general comments and an in-depth analysis of the bill to point out
items that I feel should be brought to your attention as possible ad-
justments or modifications to the bill before it is enacted.
In conclusion I would like to restate on behalf of our tribes our
support of the bill and the respectable attitude it is presenting for
Indian housing. We are encouraged that someone is ultimately con-
cerned that this program be continued on the reservation and will
do all we can to assist in this bill becoming reality.
Mr. WILLIAMS. Thank you, Rick. Your analysis of the bill and the
general comments you have mentioned will be included in the
hearing record.
Your statement is concise and to the point. We appreciate your
support of the legislation on behalf of the people you represent.
Let me ask you the question on everybody's mind. How do you
get from Pablo, Mont., to Rapid City?
Mr. FARRELL. Well, let's see. This time-before, I had to change
planes four times, but this time it is only two.
Mr. WILLIAMS. Tell me how you do it.
Mr. FARRELL. I drive an hour and a half to Missoula, then we fly
to Salt Lake and then to Denver, then change planes in Denver
and fly up to here.
Mr. WILLIAMS. We obviously should have had this hearing in
Pablo.
Thanks for making that effort. It is good to see you here today.
Mr. FARRELL. It is my pleasure. Thank you.
Mr. WILLIAMS. Next, because of a time constraint, we are going
to ask that Mr. Frank Myrick, council member, Devils Lake Sioux,
come forward to testify.
I know you have a scheduling problem,~ so we are pleased to ac-
commodate you and accept your testimony at this time.
[Prepared statement of Gertrude Cavanaugh may be found in ap-
pendix III.]
PAGENO="0135"
127
PANEL FROM THE DEVILS LAKE SIOUX TRIBE CONSISTING OF:
FRANK MYRICK, COUNCIL MEMBER; AND ROGER YANKTRON,
EXECUTIVE DIRECTOR, HOUSING AUTHORITY
Mr. MYRICK. Thank you, Mr. Chairman.
Mr. WILLIAMS. We will submit your full statement for the record.
Mr. MYRICK. Thank you, Mr. Williams, for having us comment
on the bill.
This is Roger Yankton beside me from Fort Totten housing.
This is the statement of the Devils Lake Sioux Tribe regarding
proposed Indian Housing Act of 1982. The attorneys for the tribe
and the housing authority have prepared comments and sugges-
tions relating to the proposed Indian Housing Act of 1982 which we
attach to this statement and endorse.
Modification of the proposed act on the lines indicated will much
improve this legislation and insure greater support in Indian coun-
try.
The issue that disturbs us most in the legislation is the proposed
lien on trust assets that would result in an undermining of the
entire trust relationship between Indian tribes people and the
United States.
The proposed tribal guarantee of participant payments is com-
pletely unacceptable as presently stated. The proposal would set a
most un.fortunate precedent that could radically change the rela-
tionship between Indian people and the United States that has
slowly developed over the last 200 years.
As is suggested in our comments and recommendations, there is
a solution to the thorny problem of collection of rents and mort-
gage payments which does not alter the fundamental trust rela-
tionship between Indian people and the United States.
We most strongly urge the adoption of another mechanism for
the tribal guarantee of participant payments than is presently set
out. I will now turn it over to Roger.
Mr. YANKTRON. I am executive director for the Devils Lake Sioux
Tribal Housing Authority. It is with all the reasons addressed
today that Devils Lake Sioux Tribe and Housing Authority endorse
the basic concepts of the bill but contingent upon certain modifica-
tions.
It is possible that a more appropriate relevant locally adminis-
trated program might evolve.
The Devils Lake Sioux Tribe thanks you for allowing us to put
this on the record.
Mr. WILLIAMS. My thanks to both of you. Your full statements
will be entered into the record on behalf of the Devils Lake Sioux
Tribe.
Thank you for being here.
Mr. MYRICK. Thank you, sir.
Mr. WILLIAMS. I understand we now have a substitution. Ira
Grinnel, housing director of Cheyenne River Sioux Tribe, South
Dakota.
I understand the chairman, Robert Chasing Hawk, is also with
us.
PAGENO="0136"
128
PANEL FROM THE CHEYENNE RIVER SIOUX TRIBE, SOUTH
DAKOTA, CONSISTING OF: ROBERT CHASING HAWK, CHAIR-
MAN; AND IRA GRINNEL, DIRECTOR, HOUSING AUTHORITY
Mr. CHASING HAWK. Mr. Chairman, members of the committee,
Mr. Williams, and Ms. Brokenrope, Mr. Daschle, wecome home.
I am accompanied by the housing director.
We appreciate the opportunity to come before the committee to
give testimony regarding H.R. 5988, Indian Housing Act of 1982.
Mr. Grinnel will elaborate further on the bill itself later on.
We are a treaty tribe of Fort Laramie of 1868. The reservation is
located in the north central part of South Dakota.
We have approximately 1.5 million acres of trust land and within
the exterior boundaries of the reservation are 15 Indian communi-
ties with a population of 4,800.
In the past, five Indian communities were without HUD housing
due to lack of water. However, recently the rural water distribu-
tion system was completed to facilitate all Indian communities and
rural homes with ample water supply.
Today it has a severe economic impact on Indian nations with
mass unemployment, reduction of human services, and potential
elimination of the Indian housing program under HUD is a major
setback for the Indian tribes to upgrade the conditions for the
poeple.
On H.R. 5988 I am quite satisfied with the contact of the bill. I
fully support this bill. I would like to congratulate the Honorable
Morris Udall and Congressman Daschle.
At this time I would turn the mike over to Mr. Grinnel.
Mr. GRINNEL. Thank you, Mr. Chairman.
Mr. Chairman, Congressman Daschle, the staff and other tribal
representatives and leaders. Much of the current difficulty in pro-
viding adequate housing for the people of the Cheyenne and Sioux
Reservation and as described by other tribal and Indian housing
representatives, flows from the current administration's concern
for the elimination of the costly programs offered under HUD.
As members of the Cheyenne River Tribal Council can attest,
much of the original need of Indians for housing on the Cheyenne
River Sioux Reservation has been ameliorated and reduced.
In 1980 approximately 16 percent of the existing housing was
considered substandard by the BIA. Of the nearly 500 qualified ap-
plicants on the waiting list for housing, nearly a third could have
been reduced by HUD housing in the pipeline; the current stop-
page of all regional housing programs and threat of loss of existing
allocations, however, have led to much uncertainty.
Indeed, much planning and related nonhousing development
have receded and might well result in a waste of non-HUD funding
if the pipeline units are not constructed.
Because of the potential loss of the HUD Indian housing program
the Cheyenne River Board of Housing Commissioners views the
housing bill as a most favorable alternative to the present impasse
in housing development.
The board has voiced serious concern with regard to the authori-
zation of the Secretary of the Interior to attach and claim tribal
trust lands for the repayment of funds.
PAGENO="0137"
129
Although the taking of these funds will occur only if the pro-
posed Indian tribal housing agency is unable to make residual pay-
ments to the Indian housing fund on a timely basis, the original
intent of the Indian housing authority's creation was the limitation
of tribal involvement including financial responsibility in reserva-
tion housing affairs.
At the same time, the board does take cognizance of the need for
adequate assurances that the tribes and individuals receiving as-
sistance make sufficient effort to repay based upon their financial
capability.
Because unemployment on the reservation has now touched 75
percent, the tribal wherewithal is limited at this time.
The final point is that many Indians are too poor to afford home-
ownership even though houses may be available. The unusually
high cost of heating fuels and electricity on remote Indian reserva-
tions has resulted in many Indian families having insufficient
income to meet these costs.
No satisfactory alternative to subsidized low-rent housing has
been found at this point.
The housing authority board and tribal council both seek new so-
lutions for the dilemma. We are hopeful of continued assistance
from HUD with this problem.
We welcome any new assistance available from BIA in this
search for answers.
Finally, we request the opportunity to make additional informa-
tion and comments available before the May 4, 1982, deadline.
We are pleased the Congress is aware of the needs of the Indian
people as we progress, become civilized and are entering the main-
stream of society.
I thank you.
Mr. WILLIAMS. Thank you, Ira. We appreciate your testimony
today.
I will note at this time the tribal membership of Frank Duchen-
eauz who sits at Mo Udall's right hand. So you are well represent-
ed on the Interior Committee in the U.S. Congress as are all of the
Indian tribes.
Ira, you mentioned an astonishing 75 percent unemployment
rate among your people. When times are good, how good do they
get for your people?
Mr. GRINNEL. I would imagine it probably drops to about 20 per-
cent during good times.
Mr. WILLIAMS. How long has it been since it has been 20 percent?
Mr. GRINNEL. A couple of years. As the economic conditions in
the rest of the country are worsened, of course, opportunities on
the reservation diminish. Many of them who have moved off the
reservation come home.
Mr. WILLIAMS. How long has it been over half?
Mr. GRINNEL. I can't be sure of this because I only came back to
the reservation last September. I would assume a year and a few
months, probably.
Mr. DASCHLE. I want to thank you both for what I think has been
some of the best testimony I have heard this morning with regard
to this bill and the issue at hand.
PAGENO="0138"
130
Let me ask you in a general sense: How important do you believe
ownership of housing is, as opposed to the maintenance of quality
housing that would be acceptable?
The emphasis on this legislation and apparently in the HUD pro-
gram is one that would entitle an Indian family to ownership of
the unit. Is that their greatest concern, or what are their concerns
from your point of view?
Mr. GRINNEL. I am sure that most Indians would themselves like
to own the home they live in. Most of them did. Unfortunately,
many of them were substandard back in the 1950's and 1960's. I
think marked improvements have happened since then.
I believe in 1963 our substandard housing stood at approximately
80 percent then. It has been substantially reduced. There is no
doubt about that. For that we are very, very grateful.
The maintenance of these homes I think is primarily a concern
of Congressman Daschle's and certainly is one of mine. I don't like
to think of myself as the largest slumlord on the Cheyenne River
Sioux Reservation. -
We have had a lot of problems with maintenance situations.
Some of it is based on simply lack of knowledge of the people. The
average homeowner, for example, knows how to change a washer
in a faucet. An Indian family may not. Many old people don't un-
derstand how to do that. So you have maintenance men making
trips out to do little things like that.
On our reservation it is a pretty big outfit. We may have to send
a maintenance man 30 miles to change a washer. That doesn't
make much sense to HUD.
We have gotten bound up in HUD requirements which, of course,
are based on the needs of an urban community. They don't really
fit out here.
If I, as director, need the services of an electrician I may have to
import one from Oak Ridge or Gettysburg or from here, or possibly
Phillip, or Faith. In addition to paying something comparable to
union scale, $17, $18 an hour, I also must pay mileage at probably
30 cents a mile.
If the repair job takes more than 1 day I may end up paying sub-
sistence as well or double mileage for him to go back and come
back again.
So the maintenance costs have skyrocketed on many of these
units. Not all of it can be blamed on construction deficiency. Cer-
tainly that is an element.
HUD does not use custom house standards; they use commercial
standards. With a commercially built custom house building code
you might have such a thing as deferred maintenance. But with
this other, with our houses, there is no such thing as deferred
maintenance. If you don't fix it immediately, 3 or 4 months down
the road it might cost three or four times as much to do the same
repair job simply because of increased damage.
Mr. WILLIAMS. Isn't there a basic home maintenance program, a
course, simple classes, to show people how to change that washer?
Sending a maintenance man 30 miles to change a washer not only
doesn't make much sense to HUD, it doesn't make much sense to
me either.
PAGENO="0139"
131
I had understood that there was at least a minor effort to try to
show folks moving into these homes how to maintain them. Are
you aware of that?
Mr. GRINNEL. Oh, yes, we have a resident housing program.
Mr. WILLIAMS. Is it working?
Mr. GRINNEL. It works, yes. Unfortunately sometimes it works
too well. A lot of-and I don't think this is strictly Indians, I think
most likely a lot of farmers feel this way. If something looks fairly
simple, they think they can fix it. Sometimes they do it right,
sometimes they don't do it right.
This is OK with a faucet. Usually you can't do too much; if you
screw it down too tight all you have done is smash the washer. If
you start fooling around with a furnace, however, this is quite a
different matter.
There is a limit to how much you can expect your tenants to do.
We will provide the materials in many instances, if we have
some understanding-if the individual involved has some under-
standing of what he is about to do. If he wants to replace a window
and knows something about glazing, why, this is fine. If he wishes
to retile part of his house, we will do that. If they want to repaint,
frequently we provide paint because it saves us time and effort.
Mr. WILLIAMS. The bill before us does have a requirement that
the Secretary shall provide these courses in basic home mainte-
nance.
We appreciate having both of you before us, appreciate your
taking the time to share your thoughts with us.
Mr. GRINNEL. Incidentally, there is one additional item that has
to do with maintenance, or training. That is that all housing au-
thorities are stuck with the budget line items from 1972. There is
no provision for training in that HUD line item.
We depend on the Bureau of Indian Affairs for some assistance
in this area right now.
Mr. WILLIAMS. Thank you.
Mr. CHASING HAWK. I would like to make one comment on Mr.
Daschle's question.
As far as ownership is concerned, I would rather see the contrac-
tor build the house right rather than have somebody else build it
and then move into a substandard house that costs about $40,000.
As far as unemployment, I would like you to support Senator
Kennedy's bill replacing the CETA prOgram. In 1981 when Presi-
dent Reagan got in there we had 650 people employed. Today we
have 250 employed.
Mr. WILLIAMS. How many?
Mr. CHASING HAWK. Six hundred and fifty employed. Today we
have 250 employed. About 400 people are unemployed and they all
end up in welfare programs.
Thank you very much.
Mr. WILLIAMS. Thank you.
[EDITOR'S N0TE.-The statement referred to above had not been
submitted at time of printing, and and will placed in the commit-
tee's files of today's hearing when received.]
I am going to substitute another name now again because of
transportation problems. Mr. Caleb Shields, council member of
Fort Peck Tribe in Montana.
PAGENO="0140"
132
[Prepared statement of Caleb Shields may be found in appendix
III.]
STATEMENT OF CALEB SHIELDS, COUNCIL MEMBER, FORT PECK
TRIBE, MONT.; ACCOMPANIED BY JERRY JOHNSON, MEMBER
FORT PECK HOUSING BOARD, AND COBOY LONGHAIR,
MEMBER FORT PECK TRIBAL COUNCIL BOARD
Mr. SHIELDS. Thank you, Mr. Chairman.
Mr. WILUAMS. It is nice to see you today, Caleb. You may pro-
ceed.
Mr. SHIELDS. Thank you, Mr. Chairman, members of the commit-
tee. My name is Caleb Shields, a member of the Tribal Executive
Board of the Assiniboine and Sioux Tribes.
In the audience we have another member of the housing authori-
ty, Mr. Butch Crow, and the Director of our housing improvement
program, John Achico, and a tribal member, Debby Johnson.
I am happy to appear before this committee, Mr. Chairman, to
present the views of the Fort Peck Tribes on the Indian Housing
Act of 1982.
You and the committee are to be commended for introducing leg-
islation which continues a Federal progam of housing assistance to
Indians.
We would also like to commend the committee staff for all the
hard work they have done in the past year getting the bill togeth-
er.
The proposed legislation provides a more comprehensive housing
program than is presently available under the HUD Indian hous-
ing program in that it provides assistance for three separate Indian
income groups, including the means for middle-income Indians,
living on trust land, to finance housing from the private market.
The Fort Peck Tribes generally support the legislation. However,
we also wish to briefly discuss some concerns we have about the
Indian Housing Act of 1982.
In my concluding statement I will address the concern and sug-
gest maybe an alternative be provided in that section 205.
First, we are concerned that title I only authorizes an appropri-
ation of $30 million to provide for repairs, renovation, and con-
struction. The proposed level of funding authorized by the legisla-
tion must provide for sufficient funds to continue a viable Indian
housing program.
Substandard housing is rampant on reservations and housing
repair and construction is urgently needed. Title I funds are insuf-
ficient to provide anything more than a skeletal program.
Second, title I provides grants to finance "major repair or con-
struction." Section 102(a) (2) and (3).
The definition of major repair or construction should be more
clearly defined in the legislation. For example, an amount over
$10,000 or $15,000. Because the bill provides that a lien may be
placed on fee land when major repair or construction occurs. Sec-
tion 103(b).
As you know, a lien makes a property subject to foreclosure and
sale in case of default and smaller grants for repairs or construc-
tion should not subject the property to this risk.
PAGENO="0141"
133
Third, section 10(4) provides for the sale of houses acquired or re-
paired pursuant to title I. At present when a house is to be sold the
legislation grants the tribe the right of first refusal when the hous-
ing is located on trust land. We suggest that tribes be given the
right of first refusal on property located on either trust or fee land
in order to increase tribal control of our Indian communities.
Fourth, the Fort Peck Tribes strongly oppose the Secretary's
right to attach tribal trust funds held by the United States in the
event of default by the tribal housing agency. Section 205.
This provision waives tribal sovereign immunity and permits
tribal trust funds held by the Government to unilateral seizure.
Tribal trust funds should not be held hostage to the failure of a
tribal housing agency to repay obligations to the Indian Housing
Finance Fund. This provision should be deleted.
Finally, we urge that nothing in the Housing Act be construed to
prohibit a tribal housing agency from participation in the housing
programs of other Government departments and agencies.
In conclusion, on comments on section 205, I can only relate
what has happened on our reservation and what our housing au-
thority has done in the not so distant past here.
We went through the period of having to address debt obligations
of noncollections or low collections. The housing authority on Fort
Peck has developed collection policies. The tribal court has adopted
a tribal ordinance in setting up a claims court that the housing au-
thority could take their collections to.
I would like to add that since the housing authority at Fort Peck
started enforcing their new claims policy, we have had 100-percent
collection on those debts.
I think one of the alternatives to section 205 could be spelled
out-in the detail plan submitted to the Secretary could be leaving
it to the tribal governments to include in their plans the necessary
ordinances or property governmental ordinances setting up and
adopting a claims division in the tribal court. That could be one al-
ternative.
But I would like to, for the record, state that we understand the
attitude of the administration of the housing program for Indians
and the public in general.
We understand the concern for the need of something in the sec-
tion that would guarantee payments for the needed housing.
We would like to continue in this next week, by April 29, no
later than May 4, to provide the committee and staff some specific
language changes in relation to section 205.
I think we have to come up with alternative by May 4, because
there will be no alternative for future Indian housing if the HUD
program is terminated and this bill does not get passed by Con-
gress.
We would like to thank you for allowing us to appear here today.
We stand ready to assist the committee and committee staff in any
way we can. We would be happy to answer any questions you may
have.
Mr. WILLIAMS. Caleb, we appreciate receiving what has been ex-
cellent testimony, and it is refreshing to hear your suggestion as to
what the proper security and procedures might be to assure pay-
ment. We will look forward to receiving your written suggestions.
PAGENO="0142"
134
This hearing record will close by May 4. However, I know you
have obviously given great thought to proper mechanisms for secu-
rity, and we are not going to hold you to a May 4 deadline with
regard to continued discussions with the committee as to how we
might best write that section.
We would appreciate having whatever printed material you wish
to have included in this record, however, by May 4.
Mr. SHIELDS. Yes, Mr. Williams.
I would like to point out in section 205 we would like to insure
that the committee is aware of the tribal concern of the so-called
government-to-government relationship between the Federal Gov-
ernment and Indian tribes.
I was talking with committee members yesterday, committee
staff yesterday, on this particular issue. The way our tribe looks at
section 205, it is not only a violation of a tribal sovereignty, but it
is a double standard in that it appears discriminatory, if we are
talking about government-to-government relationships.
For instance, if New York City had-if they established a public
housing authority, the city will set it up, appoint the members. But
if they go into foreclosure or default, the Federal Government does
not come in and seize the funds of New York City, nor do they
seize the funds of the local agency or local government, nor do they
seize the funds of the State of New York.
So we wanted to bring that to light, that if this was passed as
written, today, section 205, there is no government-to-government
relationship. As opposed to the Federal Government and State gov-
ernment.
Mr. WILLIAMS. Our thanks to all of you for being here today.
We will take one more witness before lunch, and then we will
break after that testimony, to return here and begin the hearings
again at 1:30.
Our final witness for this morning is Louis LaRose, Council
member, Winnebago Tribe, Nebraska.
[Prepared statement of Louis LaRose may be found in appendix
III.]
STATEMENT OF LOUIS LaROSE, COUNCIL MEMBER, WINNEBAGO
TRIBE, NEBR.
Mr. LAROSE. My name is Louis LaRose. I am a council member
of the Winnebago Tribe of Nebraska.
I want to welcome you to South Dakota, though I am from Ne-
braska. I appreciate your coming here and your willingness to
listen to Indian people as they address the issues of H.R. 5988.
Mr. WILLIAMS. Can we get you to pick up the microphone?
Mr. LAROSE. I am going to really bear down, get melodramatic.
You should see me if there are cameras over there. I really get
going.
I have a prepared statement I have submitted that will address
the issue on section 205, title II.
The tribes have not-I don't think it is a very good option for our
tribe to be going into. As sure as the Sun shall rise in the East and
set in the West, some Winnebago will fail to pay their rent. [Laugh-
ter.]
PAGENO="0143"
135
We don't even have any Winnebagos that are able to own a Win-
nebago camper, so you know we will immediately be in default.
What I think that we should look at is that there have been
problems in dealing with HUD in rent collections. I think that al-
though this legislation attempts to deal with that issue in working
with Indian tribes in the future, we have not resolved that problem
in dealing with HUD.
I think that if we can find a successful solution to working that
problem out among reasonable men, that will help us and we won't
have to have this kind of legislation imposed on us.
There is another question that I would like to bring out. We have
found that the individual ownership of homes is a better concept,
and people that know that they are going to own that house take
better care of it. They have more responsibility. There is limited
responsibility. I think that the substandard HUD houses that were
brought to the reservations do not adequately meet the needs of
the Indian people.
If you live in one, the houses were hastily constructed; they cost
a tremendous amount of money to live in one. People in low or set
incomes are not able to afford them. So when you put all of those
factors together, we are running into trouble.
The area that I would like the bill to address is the development
of energy efficient houses that are adaptable to the climate and to
the cultures of the people that they serve.
Some of the houses that were brought to the reservation might
be fine for some white guy living in Chicago, Omaha, or Denver.
But they do not fit the windy plains of Nebraska. They are not de-
signed. They are inadequate. I think one area that you have to look
at, I have to build a tough house for a reservation.
We don't need those little flimsy sheetrock. A good fight, you
know, and you could break one. But you can design and you can
build houses that are tough and durable. If you spend a little extra
time and a little extra money understanding Indian people, how
they are and how they live, HUD rules and regulations are not
going to change the way people live.
But you can design, and you can build a house that is tough, that
will survive the elements and that will survive people that live in
them, because they, and I am not saying we are that tough, I am
just saying HUD houses are that inadequate.
Mr. WILLIAMS. Louis, I think this Government probably has
enough money to design a house to withstand the Nebraska wind,
but I am not sure we have enough money to design a house that
will withstand a Winnebago fight.
We are trying to balance this budget, Louis.
Mr. LAROSE. I am trying to help you. [Laughter.]
I have another comment. I think we can design, and to move
from a 2 by 4 to a 2 by 6 stud wall. You know, that is not very
much in construction terms. But you can add other things inside
that house that will make it stronger. You can increase the R
values in the walls and ceilings. You can design a house that will
be designed so that you can use the wood stove.
I mean, be nice to the Arabs. We can't afford all their oil and gas
and what it costs. But we do have wood.
PAGENO="0144"
136
We have other alternatives on the reservation to heat houses.
Those alternatives ought to be made available, and we can use
those.
So I think that what we have to do is take a look at how we can
design a house that really fits the needs of the people. That is the
most important concept.
Another important concept to deal with is contracting. We have
a 75-percent unemployment rate on the Winnebago reservation.
We have most of these reservations beat. But that is a high ratio.
That is unfortunate. That is unfair.
Supply side economics just doesn't mean anything to an Indian
on a reservation. All it means is hardship and poverty because
small business is not coming to the reservation and providing em-
ployment. That iswhat we have to do.
When you take a look at the patterns of housing and how they
were constructed on the reservation, the bill and the legislation
only provides the opportunity for a large construction company to
come to the reservation. Because the small contracting companies,
even those white-owned on the reservation, are not able to build
these houses because a great, big operation that can find bonding
for 50 to 100, they will get it.
This is a very important factor. I think if there were provisions
in the law that would allow them to be constructed under, say,
three to five or a smaller increment, that would provide more em-
ployment for people on the reservation. That would address the un-
employment problem.
I want to thank you for listening to me. Once again, I do appreci-
ate your coming and hearing what we have to say. Thank you.
Mr. WILLIAMS. Louis, thank you very much. You make excellent
points about building these houses in such a way that they are
energy efficient, that they do withstand the lifestyle of the people
that live in them, and that they take into account whether they
are in the mountains, built on the plains, or wherever.
You are right in recognizing that HUD has not always done that.
We think if it is required, our bill would correct that to a major
degree.
I think you will be pleased to find, if our bill becomes law, that
houses are going to be built more in tune with the needs and they
will be more energy efficient than homes in the past have been.
I am especially thankful for giving us that truism at the begin-
ning of your talk.
I heard another one the other day. There are certain things that
people say that you just know are universally true. I heard a fellow
the other day say, in paraphrasing the Bible, "The lion may lie
down with the lamb, but the lamb ain't going to get much sleep."
Today you have said the Sun may rise in the East and set in the
West and just as sure as it does a Winnebago is going to miss his
rent. So now we have two great truisms with us today.
Thank you very much, Louis. We appreciate your being here
today.
This committee will be in recess until 1:30.
[Whereupon, at 12 noon the committee was recessed, to recon-
vene at 1:30 p.m. the same day.]
PAGENO="0145"
137
AFTER RECESS
Mr. WILLIAMS. We will convene the afternoon hearing of the In-
terior and Insualar Affairs Committee on the matter of Indian
housing, and specifically H.R. 5988.
Our first witness this afternoon is Leland Ground, councilman
from the Blackfeet Tribe in Montana and he has someone with
him.
[Prepared statement of Leland Ground may be found in appendix
III.]
STATEMENT OF LELAND GROUND, COUNCILMAN, BLACKFEET
TRIBE MONT.; ACCOMPANIED BY IRVIN SPOTTED EAGLE, DE-
PARTMENT OF NATURAL RESOURCES
Mr. GROUND. To the Committee on Interior and Insular Affairs,
U.S. House of Representatives, Congressman Daschle and Congress-
man Williams. My name is Leland Ground, member of the Black-
feet Tribal Community, delegate to the Blackfeet Housing Authori-
ty and delegate to the Montana Internal Tribal Policy Board.
I have with me Irvin Spotted Eagle, Department of Natural Re-
sources and Office of Natural Resources Development. There is
now completed and in the implementation phase a Department of
Housing for the Blackfeet Tribe.
All housing functions, Indian action team functions and central
maintenance are housed within this department.
The Blackfeet Tribe is in an ongoing process to upgrade its man-
agement, financial, and technical capabilities to address the needs
of the people of the reservation. To speak of the housing situation
for all Indian tribes is to actually address many associated prob-
lems that reflect the inadequacy of their well-being.
Indian tribes, and especially my tribe, are not in the condition
that we want to be in. The Blackfeet do not want to be dependent
on a U.S. Government for every single need. The Blackfeet are real
people, proud, with, an abundance of natural resources and a pris-
tine environment.
We are in a developing period of time whereby eventually de-
pendency will be overcome by self-sufficiency. Indian tribes are yet
unique but alike where they share major problems such as housing.
It is our concern H.R. 5988 passes as it will address the housing
problems of our tribe and will enable the development of a coopera-
tive effort of all tribes to fiuicl the solution to their housing needs. A
tribal resolution in support of RR;~5~8 will be forthcoming. To do
this we feel that an economic trade relationship must be started
amongst tribes and as a result of H.R. 5988, could provide a vehicle
for tribes to engage in aiding and helping themselevs in the pursuit
to finding solutions to housing and associated problems.
The Blackfeet are very positive in their thinking and believe that
with the assistance of the Federal Government, they can eventual-
ly manage, control, and finance the housing industI~y needed on the
reservation, for employment purposes as well as hou~ing needs.
That stability is apparent by the following facts. We have devel-
oped a centralized accounting system with IBM 34 computer capa-
bility.
18-934 O-83---iO
PAGENO="0146"
138
We have developed a records management department with IBM
information processor capability.
The Natural Resource Department consisting of oil and gas func-
tions, timber assessment and monitoring are tied in with the cen-
tralized IBM computer.
We have consolidated all housing development functions under
one housing department. This also includes the community devel-
opment block grant process. The Indian action team and the cen-
tralized building maintenance team, the language of the bill must
contain enough flexibility to allow Indian tribes to help themselves.
The language of the bill as well as the intent is clear.
The Blackfeet Tribe is concerned about the development of the
rules and regulations to implement the bill. At all times we feel
that we should have an opportunity to provide input regarding all
aspects so that the bill, as well as the implementation, is designed
to assist the tribes as much as possible.
The intentions of Congress are honorable and the bill poses great
possibilities to address Indian housing needs. The Blackfeet Tribe
feels the following should be addressed. As the tribes develop hous-
ing plans and mechanism and a mobilization of their natural re-
sources, for example, timber, we would like the Department of the
Interior to develop concurrent plans and emphasize tribal goals
and objectives. Should this bill be administered through the
Bureau of Indian Affairs, we request that appropriations be kept
separate from the zero-base budgeting process; that the discretion
to utilize funds be placed mainly through the tribal housing plans;
that a formula, denoting factors identifying which tribes will be the
recipient be developed so as to allow fairness in distribution, that
economic development in relationship to the housing industry-
sawmills, log home projects, masonry development, et cetera-be
considered a vital part of assisting tribes with multiple problems.
Tribes will be kept aware of funding for Indian health service
and also that additional funding be provided IRS for increased
water and sewer development and services.
That emphasis of Public Law 93-638 be utilized to enhance the
tribes economic self-sufficiency. In doing so many aspects of the in-
dividual tribe's capabilities can be developed which may include
but not be limited to the following: One, management and finance;
two, utilization of tribe's own natural resources to control costs of
housing development; and three, where one tribe lacks the re-
sources trades may be made to provide essential materials for those
tribes to work with. This is called specialization.
That emphasis on individual family self-sufficiency be foremost.
A good example is: Many families are clustered in urban areas
which makes them dependent on the economy of that town or
center. Should a house be placed on suitable land the family could
raise food to offset food expense. Juvenile and other law and order
problems arise as you put rural people in urban settings.
Appropriate technology be considered and utilized in the con-
struction and designing of housing.
That proven track records of development be considered in the
design and development of houses-A&E designs and acquisition
concepts as well as force account.
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139
That energy issues be addressed appropriately as they relate to
housing.
Minimum standards and acceptance of tribal building codes be
developed for each tribe.
That consideration of seasons be vital in the implementation of
housing development projects.
The Blackfeet Tribe consistent with the language of the bill has
adopted the following approach after the implementation of the
housing department. This will enable and enhance the tribe to de-
velop a healthy housing industry and also to control development
costs.
Develop tribal timber/housing industry:
Phase I. Assessment of timber and other building material.
Phase II. Labor assessment.
Phase III. Natural resource development: One, classify by prod-
uct, and two, develop feasibility of criteria screen.
Phase IV. Administrative assessment.
Phase V. Management and financial assessment.
Capitalization toward economic development is essential and nec-
essary in order to allow tribes to help themselves.
Full passage is requested and the Blackfeet Tribe will be ready to
assist in any way possible.
I have included an overview of the housing needs. Also, addition-
al testimony will be forthcoming upon the findings and recommen-
dations of the Blackfeet Housing Task Force and recommendations
from the council. I have also included some figures on our timber
and the species and the types.
Mr. WILLIAMS. Thank you, Leland. The information will be very
helpful. I note in some of the material that you are providing to us
for the record, the notations that there are documented to be 480
Blackfeet people on the waiting list for homes.
You mentioned that a good many of them are young families,
and most of them now rely on staying with their parents or rela-
tives. I am familiar with that situation. I have been in several
homes, "I", and I use that word pretty lightly, because some of the
places I have been in where two and three and four families have
lived could not really be called a very good home.
You also mention that 25 percent of the existing housing is in
the form of trailer houses, or mobile units. I wasn't aware that a
fourth of the homes on the reservations were mobile units. Are
they clustered in one place on the reservation?
Mr. GROUND. Clustered, and also separate. They are all through
the reservation. It is one of the cheaper means of getting housing,
but it is a more inadequate type of house.
Mr. WILLIAMS. What is the name of that fairly new housing unit
behind the tribal complex toward the highway?
Mr. GROUND. We have housing units that number all the way to
eight. It goes by 8, 23. We have fairly new housing units on the res-
ervation. But that does not address the tougher needs of the recom-
mendations of the reservation, and it does not take into considera-
tion many of the people that are still living in substandard houses,
as well as these trailer houses. The names of the units are just by
number only.
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140
Mr. WILLIAMS. I see. The ones I am referring to, I think, are on
the road out of town toward Heart Butte. Don't you have a project
in there?
Mr. GROUND. Yes; this was kind of like a force account project. It
was a tribal contractor, tribal company on the reservation that was
privately owned and that was going through the process by force
account. They did a really good job on the houses.
Mr. WILLIAMS. Are those single-unit homes, or are they double-
family homes that are joined? Are they like duplexes?
Mr. GROUND. Yes; there are duplexes.
Mr. WILLIAMS. Are there some single family dwellings there?
Mr. GROUND. The newer ones, there are some singles, then there
are also duplexes.
Mr. WILLIAMS. Thank you very much for your testimony. We ap-
preciate having you here today.
Mr. GROUND. All right, we would like to thank the committee,
we would like to thank your efforts in the passage of this bill, if at
all possible.
Mr. WILLIAMS. Thank you.
The next witness is Carl Waln, president of the Rosebud Sioux
Tribe here in South Dakota.
[Prepared statement of Carl Waln may be found in appendix III.]
STATEMENT OF CARL WALN, CHAIRMAN, ROSEBUD SIOUX TRIBE,
S. DAK., ACCOMPANIED BY KAREN DUBRAY, COORDINATOR
FOR HOUSING PROGRAM; AND VERNON SCHMITT, MEMBER,
HOUSING BOARD
Mr. WALN. Thank you, Chairman Williams, Congressman
Daschle, Mr. Ducheneaux, and members of the committee.
We would like to make some general statements on the bill.
More details and written testimony will be submitted to the com-
mittee at a later date stating the Rosebud Sioux Tribe's recommen-
dations for amendments and modifications.
My name is Carl Waln, chairman of the Rosebud Sioux Tribe.
Accompanying me is Karen DuBray, resident counselor coordinator
for the housing program. On my right, Vernon Schmitt, member of
the housing board.
We would like to thank you for giving us the opportunity to par-
ticipate in this hearing regarding the Indian Housing Act of 1982.
It is obvious to us that a great deal of thought, research and hard
wQrk have gone into the development of this bill. We are happy to
be able to make comments and some recommendations regarding
H.R. 5988.
In general, we view the contents of this bill as a positive attempt
to provide a comprehensive Indian housing program. The three
programs described in titles I, II, and III appear to make it possible
for Indian families who are otherwise unable to secure adequate
housing to obtain the necessary financial assistance to do so.
Without these programs, there will be no other way for our
tribal people to get housing now that HUD will no longer make the
development of new housing units available to Indian people.
Currently, in our housing office there are 2,288 applications on
file of families needing immediate housing. This bill would seem to
PAGENO="0149"
141
provide for the variety of housing needs that are needed by our
higher income families-this bill does not consider the needs of the
elderly, handicapped, traditional people that are very low income
and have not yet been reached. However, of great concern to us is
the meaning of section 205 as it relates to the use of trust funds to
guarantee payback of funds obligated under title II. We believe our
tribe can come up with a plan by which payment can be made
without use of trust funds. We recommend that section 205 be re-
written or removed completely.
As expressed by some other tribes here earlier, we all have a
concern to protect our homeland, our home reservations. I feel we
should limit the trust-limit the responsibility on the trust assets.
We feel section 205 should be fine tuned more to meet the approval
of the tribes. In other words, approval other than the trustee, the
BIA.
In regard to title IV of this bill, we completely support section
401 (a) and (b), which eliminates the bureaucracy and redtape
which Indian people have had to live under in the past years.
We like the idea of having an Office of Indian Housing under the
immediate supervision of the Assistant Secretary of the Interior for
Indian Affairs. Having this kind of organization will allow the
tribes and our housing office to get faster, more knowledgeable re-
sponses and services that have been impossible under the current
organization and procedures.
In section 401(c), although we can appreciate the concept and rec-
ognize the need for assuring administrative expenses of the Office
of Indian Programs, we have some reservations regarding the use
of title I and II moneys appropriated under this act. Perhaps ad-
ministrative expenses or preferably an additional amount could be
appropriated for this purpose.
We support section 402 with the following modifications:
One, we would like to recommend changes in the bill in regard to
the training program. This should not only allow for a training
program for families but should also allow for staff training for the
people who work with families. Staff training should also be includ-
ed for the entire administrative staff and board of the housing au-
thority.
Two, under "C", funds for technical assistance and training
should be separate. Funds for technical assistance should be higher
during the first few years of this program but the cost would di-
minish as a housing authority becomes more skilled, but by no
means should technical assistance be eliminated. In other words,
we agree that both technical assistance and training programs
should be funded, but we believe that 1 percent of $280 million
which equals $2.8 million is not sufficient for both.
In conclusion, we would like to state our admiration of Mr. Udall
for his support for continued funding for HUD, but we would like
to recommend that this bill take preference over the continuation
of HUD's housing development program for Indian families.
We would also like to express our appreciation to the Congress-
men and to this committee for their commitment and concern for
our Indian people. In sponsoring this bill, Mr. Udall has shown
that he truly has faith in the credibility of Indian tribes and we
PAGENO="0150"
142
believe this bill is giving Indian nations the opportunity for true
self-determination.
Thank you.
Mr. WIu~IAMs. Thank you very much, Carl. We appreciate
having that statement, and are not unmindful that you have sug-
gested that this bill takes preference over the continuation of the
existing program.
Although it is not the intention of the sponsors of the bill or in-
tention of Congressman Udall to replace the current program, it is
nice to know that we have drafted a bill that you think you might
like better than what you have now.
We appreciate your testimony.
Mr. DASCHLE. Carl, I would like to ask one question with regard
to the statement you made on the first page where you indicate
there are 2,288 applications on file. What do you find the current
status of these people to be? Where are they? What are they living
in?
Mr. SCHMITT. I would like to comment on that.
My name is Vernon Schmitt and I have been working pretty
closely with our local housing authority. At the present, we have
roughly 642 units on the reservation; 504 of them are our low-rent
units and 138 mutual. We also have in the pipeline, out of Denver,
another 223 units that are on the freeze right now.
I am not trying to get away from your question where the people
live because we have a history on the reservation of living in ex-
tended households. It has just come along with the way we live.
You could find three to four families at times living in different
units, and in some of our units, as well. I would like to thank the
committee staff members for going over this bill with us yesterday.
We had a chance to ask some questions of Mr. Ducheneaux, and I
think he did a pretty good job of explaining this.
But Denver HUD recently has put a lot of constrictions on the
tribes. They have really pressured us into making rent collections
and what have you. They have been dangling these new units at
us.
Now, we are getting paranoid on the Rosebud that there is a pos-
siblity we might not get these units that are in the pipeline. We got
word from Denver recently that they are interested in putting our
allocation, which totals $17 million, into a program that they call
comprehensive improvement and assistance program. It is another
modernization program to go into bringing the standards up, bring-
ing the existing units up to standards on the reservation.
So we have been battling it out within the Jaws, ever since the
moratorium was put on in May in getting these units freed up. I
expressed to Mr. Ducheneaux yesterday that we have been making
these very positive strides. It hasn't been easy. It has been, to some
of us, political suicide.
But we realize more important than anything that a lot of people
are starting to move back to the reservations, people that were re-
located during the Eisenhower years and into the 1970's. They have
been trying to make a go of it, and a lot of them are coming back.
We have got a lot of young college students. It used to be that they
would prefer to just move off the reservation and get into the
mainstream of life.
PAGENO="0151"
143
But, see, all these trends are reversing now. My paranoia on this
bill is that it will eventually take the place of HUD.
It is reassuring to know that we have people in Congress like Mr.
Williams and Mr. Daschle that I think are honestly trying to im-
prove the basic standards of life for the disadvantaged and low-
income people. I have heard a lot of good comments about Mr. Wil-
liams from the people of Montana. It is really reassuring to know
we have got people like you, you know, that are supporting the dis-
advantaged, the minority groups in this country.
But we have had a lot of shortcomings with construction on the
reservation. When they came up with the Indian Preference Act,
we have had a lot of our own people that were fronting for non-
Indian firms on the outside. We got poor quality construction. But
insofar as our mutuals are concerned, you know, our rent collec-
tions are at the point now where we could say they were between
90- and 100-percent collections.
So I don't think there is any need for the section 205 in the bill.
We have proven that fact, that we are making these strides. As a
young individual just sitting here today is a learning experience for
myself, because I am going to be around quite some time at the
local level. I just appreciate the experience I am getting through
this hearing. Thank you.
Mr. WILLIAMS. Our thanks to each of you. We appreciated your
testimony here today.
Mr. WALN. Thank you.
Mr. WILLIAMS. I want to rearrange the schedule one more time
because of someone who has to catch a plane. If any of you are in
that situation, if you will let the staff know, we will try to move
you up if it is absolutely necessary.
Donald Good Voice with the Chippewa-Cree Tribe, Rocky Boy
Reservation in Montana, has an airline problem and we would be
happy to accommodate him. If he will come forward now, we will
hear his testimony.
Mr. DASCHLE. Pat, if I could, I want to excuse myself for a brief
period of time. I have a meeting that I am going to have to get to.
But just as soon as I am finished there, I will be back.
Mr. WILLIAMS. We appreciate that, Tom. You are not catching a
plane, too, are you?
Mr. DASCHLE. No.
Mr. WiLLIAMS. I also want to mention that when we sent out
hearing notices to the other members of Congress, and particularly
the members of the House Interior Committee, they were sent out
late by the staff. That is the great thing about being in Congress.
You get to blame all of the faux pas on the staff.
So Debbie and Frank sent the notices out. Several other Mem-
bers of Congress had expressed interest in being here, but with
only a couple of day's notice, they couldn't do it. One of them was
the Congressman from this district, Clint Roberts, who was good
enough to send one or two members of the staff. They have been
sitting through the entire hearing and taking notes so that the
Congressman from this district can lend his good efforts and advice
to our efforts to assure Indian people of good housing. We appreci-
ate the Congressman from this district's interest.
All right, you may proceed.
PAGENO="0152"
144
STATEMENT OF DONOLD GOOD VOICE, CHIPPEWA-CREE TRIBE,
ROCKY BOY RESERVATION, MONT.
Mr. GOOD VOICE. Thanks for the consideration on the schedule.
Mr. Chairman, committee members, my name is Donold Good
Voice, I am an enrolled member of the Chippewa-Cree Tribe. I am
also an employee of the Chippewa-Cree Housing Authority as coor-
dinator of resident training/counseling program.
First of all let me thank this committee for its excellent job on
H.R. 5988, and appreciate the committee's hard work in getting
this piece of legislation introduced and numbered.
When we received H.R. 5988, we realized that you, as a commit-
tee, did something that is really remarkable. I know how important
wording is when a piece of legislation might become law. Words
must be chosen carefully. In the Chippewa-Cree culture we, too,
choose our words carefully. Words in our culture are sacred and
must be used accordingly.
We agree that the Bureau of Indiana Affairs does have a very
bad reputation among Indians, with regard to their ability to ad-
minister programs and their lack of responsiveness to Indian con-
cerns. But I must agree that H;R. 5988, title IV, does have those
specific requirements and restrictions that will meet those fears
and criticisms. However, we are concerned that a large portion of
the appropriation for construction and acquisition could be sy-
phoned off for administration of this proposed law.
We, therefore, make this recommendation, that the appropri-
ation for construction and acquisition be left intact and a separate
appropriation be made for the administration of these programs.
We would also bring the committee's attention to section 105,
line 22, to be rewritten from "not to exceed", but to be read "not
less than".
Mr. WILLIAMS. Give me the line number again, Donold.
Mr. GooD VOICE. Section 105, line 2.
Mr. WILLIAMS. All right.
Mr. GooD VoICE. We, therefore, as a tribe, feel reasonably as-
sured that this law will mutually benefit our people. With the in-
clusion of the aforementioned recommendations we can fully sup-
port H.R. 5988.
I would like to thank this committee for giving me this opportu-
nity to testify.
Mr. WILLIAMS. Thank you. You are most welcome, and we parti-
culary appreciate your traveling here on behalf of the Chippewa-
Cree Tribe. That is good, to the point testimony, and we are happy
to receive it. Thank you very much.
We have a substitution witness, Allen White Lightning, accompa-
nied by Renee Yellow and George Waters of the Standing Rock
Sioux Tribe.
[Prepared statement Of Pat McLaughlin may be found in appen-
dix III.]
PAGENO="0153"
145
PANEL FROM THE STANDING ROCK SIOUX TRIBE, S. DAK., CON-
SISTING OF: ALLEN WHITE LIGHTNING, COUNCILMAN; AND
PHYLLIS YOUNG, SECRETARY, HOUSING AUTHORITY
Mr. WHITE LIGHTNING. Mr. Williams, I would like to make a cor-
rection. I have Mr. Charles Murphy, vice chairman of the tribe
here and I also have Mrs. Phyllis Young, who is going to be sitting
in for the housing authority committee. I would like to also com-
mend your staff. They have been receptive to the tribal demands.
To continue with the testimony, Mr. Williams, we are pleased
that you have asked the Standing Rock Sioux Tribe to testify on
H.R. 5988, the Indian Housing Act of 1982. We want to commend
you, the members and the staff of the committee for your concern
for the housing needs of Indian people.
My name, is L. J. White Lightning. Mr. Pat McLaughlin, duly
elected chairman of the Standing Rock Sioux Tribe, is unable to
make it today because of vehicle problems on his way over.
I have with me the members of the health, education, welfare
and housing committee of the Standing Rock Sioux Tribe in the au-
dience. Mrs. Young and Mrs. Yellow are members of the Standing
Rock Housing Authority, and who have spent countless numbers of
hours going over your proposed Indian housing legislation.
Also, I would like to commend Mr. Bill Gibb, also an enrolled
member of the tribe, who has been here all day and who has ex-
pressed a very sincere interest in the housing legislation.
Mr. Chairman, our position will not be in favor or against the
bill; however, we will address questions which we have that are un-
answered.
First of all, I must briefly acquaint you with the Standing Rock
Sioux Tribe. We have a population of about 6,300 Indian people
living on the reservation with an additional 2,500 Indian people
living near or adjacent to the reservation. At present, our real un-
employment rate is hovering around 90 percent with virtually no
industry on the reservation which is comprised of 2.3 million acres
of land with about 800,000 acres of tribal and/or allotted lands.
Your committee's concern on Indian housing is well-founded. The
committee is all too familiar with the incredible state of Indian
housing nationwide and the negative statistics are evidenced at our
reservation as well.
Our general position on the bill is one of apprehension. The rela-
tionship that Indian tribes have with HUD is similar to the often
described love/hate relationship with the Bureau of Indian Affairs.
Our apprehension about the bill could be crudely described as won-
dering if we are not going from the frying pan into the fire, but
due to the fact the winters are very cold in the Dakotas, we would
like to be in one of the two.
We must really question if the BIA is capable of operating this
program. The Standing Rock Sioux Tribe would prefer that HUD
continue to operate the Indian housing program. We would like to
force, through legislation if necessary, significant changes upon
HUD that would make that agency more responsive to the needs of
our Indian people.
However, we realize we are like an unwanted child at HUD and
that the program might be cut out. If that is the case, we agree
PAGENO="0154"
146
that there should be an alternative in place. We would, therefore,
like to address some specific concerns we have with H.R. 5988 and
ask some questions; $30 million is simply and factually an insuffi-
cient amount of money to meet the needs of the number of people
who would qualify for assistance under this section. We request
that the authorized level for title I be increased to $60 million.
In section 202 we are wondering where the funding will come
from for the tribe to prepare what will be a fairly comprehensive
housing plan. We suggest an amendment to section 402(a) that will
not just allow the BIA to provide technical assistance to tribes in
preparing these plans but that allow for financial assistance to the
tribe to prepare the housing plan. We also feel it would be wise to
insure that the tribes have available to them funding for contract-
ing the services of architects to perform the services envisioned in
section 203. We question if the language in section 203(b)(1) might
not inadvertently punish those tribes who have performed well in
previous fiscal years.
As the committee is aware, we have problems with section 205.
Indian tribes often have only two things of value; land and trust
assets. We do not want to put up our trust assets and gamble that
they might be lost. This could set a very negative precedent. Never
before through statute has anyone suggested that trust assets be
compromised in such a manner. We do not think it's time to start.
We urge that section 205 (a) and (b) aiad 209(b)(4) be stricken from
the bill. This bill makes provision for the situation where a family
not paying the agency what it has agreed to pay may be taken to
tribal court and we feel that this is sufficient to legally protect the
agency and guarantee payments.
Section 209(b)(1) needs to be clarified to make clear what lands
this relates to. We assume this was intended to refer to the imme-
diate lands on which the house lot sits; however, this is not stated
in section 209(b)(1). As presently stated, this section could allow an
agency to require that a family transfer all of its trust lands to the
agency.
Section 209(b)(3) requires the homebuyer to pay all utilities and
maintenance and in section 210, the family is asked to pay admin-
istrative charges, insurance premiums, and a contingency reserve
for maintenance. We really question whether people eligible for as-
sistance under title II will be able to pay all these costs. In the
winter months on our reservation, utility bills can easily be $500
and more per month.~ HUD presently subsidizes the families cost in
this area. We think people will hold back on their administrative
charges and this will result in the agencies going broke and having
no operating expenses. When you ad& up utility charges, adminis-
trative charges, insurance premiums, a contingency charge for
maintenance and 20 percent of adjusted family income, it will in
many cases total much more than the 30 percent of income that
HUD is proposing to charge. We suggest that either an additional
provision be added to this bill authorizing appropriations for the
housing agencies or that section 3(1) of title I be amended allowing
for a utility allowance adjustment in the definition of "adjusted
family income".
We feel obliged to point out in reference to section 211 dealing
with residual receipts that the tribes are being asked to do some-
PAGENO="0155"
147
thing that HUD has never been able to accomplish; that being the
collection of residual receipts. We feel this is a serious issue be-
cause of the contribution of residual receipts to the fund.
We have some concerns with section 302. We are all familiar
with how much Indian land was lost in the early part of this cen-
tury when lands were parceled into allotments and through var-
ious schemes lost by Indian people forever. This could happen in
section 302 and we must oppose any situation which could result in
such a loss.
We are very apprehensive about the ability of the BIA to operate
such a large-scale financial loan guarantee program. We would,
therefore, request that the Congress do all in it's power to oversee
this program and insure that the Bureau remains accountable.
Politically we question whether this bill will fly in Congress. Will
Congressmen Gonzalez and St Germain of the Authorizing Commit-
tee and Congressman Boland of the Appropriations Committee be
willing to give up this turf? The same must be asked of Senators
Garn and Lugar. This is a lot of money for these subcommittee and
committee chairmen to give to the Interior Authorizing and Appro-
priating Committees. We need to get a clear message from these
and other congressional leaders. If Indian country keys it's efforts
to support H.R. 5988 and lets HUD cut out the Indian program, we
would be faced with disaster if H.R. 5988 then did not pass Con-
gress, with funding and/or was vetoed by the President.
Our final recommendation is that the bill be amended in the ap-
propriate section to allow for the construction of group homes.
There is often a need for group homes for youth, for elderly and for
people with alcoholism related problems. This bill presently does
not authorize the construction of such homes and no other agency
will either. We feel this would be an important and cost effective
expenditure.
Mr. Chairman, this concludes our comments. Again, we thank
you for your attention and concern for Indian housing and we
would be glad to answer any questions you may have.
Mr. WILLIAMS. Thank you, Allen, let me ask this. Do you prefer
the current housing program under HUD to this bill?
Mr. WHITE LIGHTNING. I would answer this way, Mr. Congress-
man. I would rather have something in hand rather than in a
bush. I would prefer to have the present HUD program be changed,
have the HUD people educated in Indian ways and make darn sure
that it works this time, if there is.
Mr. WILLIAMS. Your concern, as I understand it, is that I may
lose both. If the President has his way, you lose the program oper-
ated by HUD, and if this bill doesn't pass or is vetoed, you are left
with nothing.
Mr. WHITE LIGHTNING. Right on.
Mr. WILLIAMS. We appreciate your testimony here.
Mr. WHITE LIGHTNING. Mr. Williams, I have one more comment.
I believe Mrs. Young here has a comment that she wants to ad-
dress to the committee and I think it is very pertinent.
Mr. WILLIAMS. All right, proceed.
Mrs. YOUNG. Thank you, Mr. Congressman.
First of all, I am insulted by a former gentleman that said that
we are uncivilized. I am a full blood. I am representative of a large
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148
part of our communities. We have to understand that this is all
part of the assimilation program. That we are a distinct people
with our own culture. We didn't ask to be put in square boxes. We
do not know about the basic home upkeep, about screws and wash-
ers, et cetera. This bill has bureaucrats in Washington as well as
local Indian people floundering because it is a new aspect under
the trust responsibility. I think we will all be more comfortable
once all of us recognize that it is a new concept and we deal with it
on Indian terms. There are a number of things in this bill that I
would like to address.
One, and the foremost is the growing trend for Americans to
seek isolated areas so that they can have a home up in the woods
with no water facilities, and so they can be alone, away from the
rat race.
In this bill there is no alternative for Indian people who would
like to live on their land in remote areas, because they are not
within the construction or within the pipelines of a water system,
because they don't have the facilities for water and sewer. I ques-
tion that because it is a growing trend for middle class America.
Yet you have standards that Indian people, you are trying to up-
bring our living standards. So there is a conflict here, I think, in
this bill.
The other thing is section 205 is based on Public Law 450. You
are utilizing a bill that was established for cattle operators back in
1956 that was pushed by a certain segment of people, of Indian
people, but is having an impact on the Indian people with land,
with trust funds.
The other thing that section 205 does, it increases the dependen-
cy concept, because you are talking about establishing an economic
operation for housing on the reservation. Is that tribal housing
agency going to take the funds from the JAM Act and justify it di-
rectly to housing? How are Indian people going to learn to deal
with their own economic mix if we are dependent on that process
to be carried out by the interdepartment representatives between
housing and tribal.
I appreciate the opportunity to talk here. I think its quite differ-
ent from Indian policy that many times had been established be-
tween conservatives and the moral majority, liberals, et cetera,
rather than listening to the Indian people ourselves. Thank you.
Mr. WILLIAMS. Thank you very much.
STATEMENT OF ROBERT PHILBRICK, CHAIRMAN, CROW CREEK
SIOUX TRIBE
Mr. PHILBRICK. Thank you, gentleman.
We have a housing director from Fort Thompson. I wish he could
come up if he is in the crowd here.
Mr. WILLIAMS. If he is here, he is certainly welcome to come to
the witness table.
Mr. PHILBRICK. Yes; first of all, I want to thank Chairman Udall
for this hearing and I know he is a Congressman from, I don't
know, I was asking somebody whether it is Arizona?
Mr. WILLIAMS. Yes.
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149
Mr. PHILBRICK. Somebody said, no, it is Utah. So they got me
kind of puzzled. Yet I knew Mr. Frank Ducheneaux is working for
him and he is from South Dakota. So that makes it quite a little
pair, you know, a Congressman from down in Arizona and Mr. Du-
cheneaux working withhim for several years now.
I wanted to also state that I thank the other committee mem-
bers, all the committee members for giving us a chance to talk
here and express our views and opinions. I know you have heard a
lot of them today. I listened to a lot of them. This probably is not
the last time you are going to get people together here, Indian
people.
I did put down a view, this here, that I thought I would like to
bring out. It is just my own opinion. I don't like to say I am going
to be in politics, but we did just get through on the election with
the Crow Creek just a week ago, so we are going to have four new
members on our council. We have seven members on the council.
We have a small reservation, about 1,500 enrolled members and
maybe 300 or 400 that are not enrolled. Then we have non-
members.
I can remember back about 20 years ago when President Kenne-
dy had made it possible for low-rent housing to come on the reser-
vation. In those days, I was working with Frank Fauts, here, on the
Cheyenne River. Of course, I was still in Crow Creek, but the chair-
man worked a little closer together in them days, I would say.
Anyway, it seems like just 20 years is a short time. Then we
have a President now that wants to do away with the housing on
Indian reservations. The only reason that I can think they have is
because he wants to save money.
Now, the Indian people, we have been under a treaty since 1868.
That is the treaty that most of the Sioux people are involved with.
I have talked to many of the elderly people on not only Crow
Creek, but the other reservations. They have also told me we must
stand by that treaty, and try to uphold it clear, as long as we live.
It says on there that the U.S. Government is going to take care of
the Indian people so long as even there is a single one, so long as
the Sun shines and the grass grows. But it looks as though the
treaty with the Indian people have been broken. They are still
wanting the Indian people to suffer. There is nobody that suffered
more in the United States than the Indian citizens.
They were made citizens back in 1924. I was 13 years old at that
time. I didn't know whether I was a citizen or. not at that time. But
I know I was going to school, and they told me later that this is a
time Congress thought we better be citizens.
I am wondering today whether we are better off as citizens, or if
they left us not being citizens. I know that Congress sent more
money across the ocean to people that are poor and are needy than
they send to our reservations.
I know there had been some conflicts in these housing authori-
ties, and they claim they have lost money and they didn't collect
all rents. But I don't feel like it is all the Indian's fault.
When we first got these houses, they were designed so that
Indian people would have a place to live.
PAGENO="0158"
150
I would say that maybe over 50 percent of the Indian people
were on welfare. There weren't any jobs, even way back there on
the reservations.
There were few jobs and very few cattle operators. So that when
these houses were built, a lot of the Indians were afraid to move
into them. They were afraid that they were going to lose something
that they had before. Just so as they put out bids, I guess. They
spent just about as much money on engineering as they did in
building the house.
After they built the house and put all the bids out, they find out
that all the appliances were the kind of appliances that you
couldn't get parts for them anymore. When they went bad, when
they found out, they would try to get parts and fix the stoves up.
Yet there was no place to get them.
On our reservation we had 20 new houses. All those houses had
to have the stoves replaced. Whenever they would get something, it
was always obsolete, somebody else didn't want. So I wanted to
bring this out because I know it is not all the Indian's fault that
they didn't pay the rent.
Now, up to today, I could go back to Fort Thompson. I know they
got things wrong with the sewer system or the water system, or
else the ovens don't work, some part of the stove doesn't work. This
goes on and on.
A 1~t of the Indians say, well, I am not going to pay my rent
until they fix these things up. I have talked to people in Denver,
and they say, well, it is up to your local housing authority. But
when you talk to them, they don't have the money because people
don't pay their rent.
So this goes on and on. I know if I was living in a house in
Chamberland, we will say, that is the closest town, and if some-
thing didn't work, I would have to tell the owner. If the owner
didn't fix it, then I probably won't want to pay the rent.
So these things I want to bring out so that if this administration
thinks that the Indian people are poor payers, why, I want them to
know that it is not all their fault.
Another thing, the houses that were built, I would say they are
substandard houses. If some other citizen wants to build a house,
and they were the kind of houses that were available, I am sure he
wouldn't want to pay them, because you can't keep warm in it in
the wintertime, and you can't keep cool in the summertime.
Somebody mentioned today that there are two-by-fours in houses.
But we got houses over there that don't have any two-by-fours in
them. They were just plain wall and outside, and they keep on put-
ting more siding on until they were about 3 or 4 inches thick. But
that doesn't make the house very solid, warm.
I feel that this bill that you folks have drafted up is something
good, and you are thinking about the Indian people. I am sure I
don't have to be telling you all these things. I know young Frank
here knows a lot of these things because his dad and I lived with
these and I am sure he told him.
Now, in this bill I would say that I only have to give my opinion
as the chairman of the tribe, since we are going to have four new
members, and we have a seven-member council. We are going to be
PAGENO="0159"
151
sworn in the fourth day of May. So that is when our new council
will start.
I would like to say that we will send a statement in about the
bill, what position we want to take. I know we don't want to be too
choosy about it, because it seems like we should be satisfied with
anything we get, because of all the years I know of, no matter what
we want, we never did get it.
I am glad there are such people on this committee that can bring
out something here that would benefit the Indian people.
I don't want to take anymore time. I think there are some other
people here that would like to have also. But I want to thank you
gentleman again for giving me the time.
Mr. WILLIAMS. Thank you very much, Bob. We appreciate that
interesting account, and are glad to see you here today.
Mr. Pat Stands and Ted Hogan of the Crow Tribal Council, Mon-
tana.
[EDITOR'S NOTE.-The statement referred to above had not been
submitted at time of printing, and will be placed in the committee's
file of today's hearing when received.]
STATEMENT OF PAT STANDS, CROW TRIBAL COUNCIL, MONTANA;
ACCOMPANIED BY ARTHUR PLENTY HAWK, DIRECTOR, HOUS-
ING AUTHORITY
Mr. STANDS. Thank you Honorable Congressman Williams.
My name is Pat Stands and the gentleman to my left is the di-
rector of our Crow Tribal Housing Authority.
If it pleases the hearing committee, I would like to express my
appreciation and sincere thanks for being invited here today to
participate in this hearing on the bill designated H.R. 5988. I know
the other members feel likewise.
I have the entire Crow Housing Authority with me here in the
audience. I will submit a copy of my statement for the records.
If I may, I would like to proceed with my statement.
Like other Montana Indian tribes, the Crows first heard of H.R.
5988 at a meeting held in Billings, Mont., on April 6,. 1982, and
after discussing it among ourselves, we are very much in favor and
would like to lend our support in seeing this bill become law.
It seems that at best, the Office of Regional Indian Programs, De-
partment of HUD, future is uncertain. This is especially untimely
since at Crow-and other Indian tribes probably have the same
problem-the demand for housing has always outdistanced the
supply. Perhaps I could be wrong, but I feel that adequate shelter
is basic in the beneficiary trustee relationship created by treaties
entered into between Indian tribes and the U.S. Government. The
fact that 40 percent of all Indian housing is substandard as com-
pared to the national average figure of 12 percent is a sad statistic.
In analyzing H.R. 5988, it is felt that its major strong points are:
One, particularly with so-called Reaganomics which to our un-
derstanding stresses involvement by the private sector of the econo-
my. This bill will attempt to marshal, not only public, but also pri-
vate resources. Incidentally, however, I might add that my ances-
tors signed treaties with the U.S. Government.
PAGENO="0160"
152
Two, the bill is simple and straightforward and is somewhat of a
conglomerate of housing programs established for Indians but ex-
isting under different departments of the Government.
Under title I, for example, it is my understanding that this pro-
gram is designed for persons who do not qualify for the other pro-
grams under title II and III. Therefore, the recipients benefits
under title I will be in the very low-income category and, therefore,
I would assume the major emphasis of this program will be the
grant portion. I think this is good since Indian people simply do not
have money in many cases and the economy on many reservations
is certainly not improving. As far as the $30 million being appro-
priated for fiscal year 1983, while this sounds like a lot of money, I
think the figure and request should be closely scrutinized and per-
haps more will need to be requested.
Under title II, it is my understanding that this will constitute
the direct loan program. One concern that I do have is in regards
to the criteria that will be used to establish priorities in identifying
Indian tribes that will receive houses. Under the existing program,
for example, some tribes have faired better than others regarding
the overall housing programs and perhaps some consideration
should be given to this. I am not sure why this is so. A comment
regarding this area would be that if, in fact, Indian tribes are going
to allow the Secretary of Interior to attach tribal trust funds, this
must be very clear to the entire tribe. It would seem to me to be
rather unfair for housing recipients to be able to jeopardize non-
participants' share in tribal trust moneys.
The provision allowing Indian families to use this program to
make a down payment on housing is very good. I would hope that
this could be done in communities not technically on the reserva-
tion but adjacent to the reservation.
Regarding title III, this establishes the guarantee program and is
the effort to marshall private resources. I believe this is somewhat
analogous to the Small Business Adminstration's guaranteed loan
program. With a 100 percent guarantee, I am sure this will become
very attractive for lenders in the housing area, however, it can
have adverse effect whereby with the protection of this guarantee,
the valid credit criteria tends to be ignored.
Three, another strong point is placing Indian housing programs
under one agency. Presently, the BIA has an Office of Regional
Indian Programs, HUD has a program, and Indian Public Health
Service is supportive in regards to sewer and water. Needless to
say, it sometimes becomes very difficult to coordinate all these
three governmental agencies in the housing construction effort on
Indian reservations.
Four, I foresee Indian tribes taking a very strong and dominant
role in this area if this bill is enacted into law. Presently in place
are the housing authorities and these could very well serve as the
agency.
Furthermore, Public Law 93-638 will permit tribes to contract
this program if they feel that they should. In other words, much of
the ground has already been laid for this type of bill.
Mr. WILLIAMS. Thank you very much, Pat.
Pat, approximately how many people live on your reservations?
Mr. STANDS. About 6,300 people.
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153
Mr. WILLIAMS. Do you know what the unemployment rate is
now?
Mr. STANDS. I would guess about this time it should be around
60, 70 percent.
Mr. WILLIAMS. Do you have a waiting list for homes?
Mr. STANDS. Oh, we have a waiting list of about 2,000 applica-
tions for homes.
We have about one of the lowest amounts of housing that was
allocated in the past. A little over 300 homes have been constructed
on the reservation so far.
Mr. WILLIAMS. Do you have a lot of mobile units on the reserva-
tion,trailer homes?
Mr. STANDS. Privately owned mobile units? There are some, but I
cannot say how many. There are some.
Mr. WILLIAMS. I assume that there are many houses that have
more than one family living in them as we have heard from other
reservations.
Mr. STANDS. Oh, yes, definitely.
Mr. PLENTY HAWK. Yes.
Mr. WILLIAMS. A good many one-room houses?
Mr. STANDS. Yes; there are a lot, still a lot of substandard homes.
That is the reason why we have such a long waiting list. We are a
new committee, but somehow, the tribe, the Crow Tribe has never
really attained as many houses as other tribes have so far.
Mr. WILLIAMS. Let me ask you, what do you think caused that?
Mr. STANDS. I really can't say. The tribe as a whole never started
participating in HUD until about 2 years after most tribes had.
That could be one of the reasons. They were late in getting started.
Mr. WILLIAMS. Pat, thank you very much. We appreciate your
being here along with the other members of the Crow Tribe.
Mr. STANDS. On behalf of the Crow Tribe, I would like to com-
mend the job that you have performed inasfar as this bill is con-
cerned and we thank you very much.
Mr. WILLIAMS. Thank you.
Next is Mr. Larry Cournoyer, chairman, Yankton Sioux Tribe
here in South Dakota.
PANEL FROM THE YANKTON SIOUX TRIBE, SOUTH DAKOTA, CON-
SISTING OF: GEORGE COURNOYER, EXECUTIVE DIRECTOR,
HOUSING AUTHORITY; AND AL ZEPHIER, COUNCILMAN AND
CHAIRMAN, HOUSING AUTHORITY
- Mr. COURNOYER. Larry Cournoyer will not be here today because
of some prior commitments so he sent us up to represent the tribe
and housing authority.
Mr. WILLIAMS. Please identify yourselves for the record.
Mr. COURNOYER. I am George Cournoyer, executive director for
the Yankton Sioux Housing Authority. On my right is Mr. Al Ze-
phier, councilman for the tribe and also chairman of our Yankton
Sioux Housing Authority.
Before I get into my testimony, I will turn it over to Al for some
comments he would like to make.
Mr. ZEPHIER. Mr. Chairman, members of the committee, I would
like to make a little statement for the record. We appreciate your
18-934 0-83--il
PAGENO="0162"
154
coming to our area so it will make it easier for us to make state-
ments concerning this bill.
Also, we appreciate the fact that there are Members on the Hill
that are willing to carry out the wishes and words of their ances-
tors. We are grateful you could introduce this bill.
I would like to make one comment concerning the issue that was
brought up quite a few times during this hearing concerning the
trust lands and tribal responsibilities concerning the housing. I
would like to introduce something to the committee that may solve
part of this by letting tribal courts carry out a bankruptcy clause
that could be added to this bill whereby the responsibility would be
up to the individual that signs for these houses. I would like to in-
troduce that to the committee.
Thank you for listening.
Mr. WILUAMS. Thank you.
Mr. COURNOYER. Mr. Chairman, members of the committee, I am
pleased to submit the following testimony on behalf of the Yankton
Sioux Tribe of Greenwood, S. Dak., and the Yankton Sioux Housing
Authority.
The unmet needs of the Yankton Sioux Tribe consisting of some
5,000 persons of which 2,800 live in lower Charles Mix County, S.
Dak., are many; but no need is greater than housing and no need is
less likely to be met unless the Federal Government takes an
active and positive approach toward resolving. The lack of capital
that prevents our tribal members from building their own homes
stems from unemployment, lack of land base and lack of equity;
these very same problems prevent the tribe itself from building
these homes for its people; we, therefore, turn to the Federal Gov-
ernment. We hope that the following comments are taken in the
constructive and positive spirit in which they have been written to
enhance the passage of the Indian Housing Act of 1982.
The Yankton Sioux Tribe has attempted to operate a housing au-
thority, construction company, and home improvement program for
the past several years with varying degrees of success. While our
viewpoint is perhaps biased it is nonetheless our viewpoint and
some observations should bear listening to as a matter of back-
ground. Through either planned lack of cooperation or through
typical bureaucratic bumbling the Department of Housing and
Urban Development has held up dozens of units of new housing to
our reservation for over 3 years; letters take months to be an-
swered, documents are lost and not discovered missing for weeks
and months, technical assistance is totally lacking in any meaning-
ful sense of the term and the net result is confusion, resentments,
mistrust and an absence of new housing starts.
During the years of working with the Indian Health Service
[IHS], Department of Housing and Urban Development [HUD] and
the Bureau of Indian Affairs [BIA] the one consistent reality a
tribe or tribal housing authority can experience is that it is more
an accident when all three Federal entities have competent, well-
trained staff capable of assisting then in moving forward with their
housing needs. The usual experience is that on any one project,
new staff come on board at any of the three organizations and
work stops until the "new" person can be brought up to par with
the project. In some cases, the project has been shelved leaving
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155
roads to homes undone, sewers not hooked up to completed but un-
inhabitable homes; tenants frustrated, disappointed and angry at a
system that has been offered to them as the only way.
Housing is a complex, expensive, and technical field that cannot
afford to be shuffled back and forth between three Federal entities
and dozens of bureaucrats without resulting in unreasonably high
costs per unit and relatively poor administrative control at the
local level. The projects requested by the tribes rarely are funded
as requested and are modified, amended, deleted, and revitilized
into unrecognizable and resented projects by the time they emerge
from the maze required prior to approval and actual construction.
The act proposed goes a long way to resolving all of these monsters
of the past and with them hopefully most of the errors, problems,
and resentments as well.
The Indian Housing Act of 1982 is in general the most positive
and constructive legislation offered on behalf of Indian people in
the last several years and its passage can bring about a tremen-
dous impact on tribes and Indian people. Specific suggestions that
will be offered should be considered as late contributions from per-
sons and groups who want to see a great idea become even more
solid and operational.
The concept of being operated out of the Bureau of Indian Af-
fairs has both positive aspects; the Bureau is certainly more at-
tuned to tribal needs, strengths and weaknesses than the Depart-
ment of Housing and Urban Development, but nonetheless, the
Bureau has not always demonstrated its ability to act in a positive
and constructive manner toward resolving problems and operating
projects in an objective and cost-effective manner. Reducing the
number of Federal entities involved from three: The Bureau, HUD,
and the Indian Health Service to two: the Bureau and the IHS is a
step in the right direction and will go a long way toward reducing
delays and improving coordination. It is unfortunate that the pro-
posed legislation does not go to the logical conclusive end of having
one entity responsible for the entire housing package. Why not
transfer the appropriation from Indian Health Service to the
Bureau, for water and sewer systems, thereby eliminating a major
coordination hurdle and eventually phase out that portion of IHS
and create a sub-unit within the BIA which could do the very same
things without the interagency hassles, delays, and coordination
problems.
The existing road programs and appropriations are inadequate to
meet the current needs of some areas and increased coordination
as well as increased funding will be needed for at least a few years
to catch up on past projects which were not at all coordinated
through HUD, IHS, and the Bureau. For example, homes which
went without sewer systems for some time, and still do not have
roads to them, will need to be identified, funded, and built, before
normal operations can be assumed.
The major obstacle to total support of the act from our perspec-
tive is the inclusion of section 205 whereby the Secretary is empow-
ered to attach funds of the tribe for non-payment. While we agree
that this no doubt builds the act's credibility, it ignores the key ele-
ment or issues; that being, the Federal Government's legal rela-
tionship and responsibility to Indian people. If safeguards to this
PAGENO="0164"
156
section could be written into the legislation which could prevent
appointed Federal officials from usurping elected officials responsi-
bilities, then some consideration of such would be possible. But as
written, and as we have experienced in the past, this section alone
negates any other positive aspects of the act and would preclude
our tribe from taking part in such housing efforts.
The three components of the act shows the input, analysis of
need, and efforts of the committee, and they should be commended
for their work. The funding levels appear to be adequate for title I
and title II, but perhaps the level should actually have been dou-
bled for title III in the initial years until the level indicated has
been reached. The major difference as we see this act is that the
money will: First, actually get out to the reservations; second, be
used more effectively than ever before possible under HUD; and
third, through innovations implied throughout the legislation local
decisions alone can result in more cost effective housing.
What we have read from the act is that if the persons in the
Bureau want to have staff in the various area offices that it would
be possible to do so. We obviously want authority as local as is le-
gally possible with oversight or right of appeal to the central office
reserved for use if necessary. Again, past experiences have taught
us that far too many decisions reached have been arbitrary and
without basis in fact.
Although the act is not intended to lay out all the administrative
details, we do believe that efforts to coordinate all three titles
through the act, administrative guidelines and the rules and regu-
lations should be done in a manner that encourages and maximizes
the potential of a coordinated local effort.
The act as written will enable our tribe to once again be optimis-
tic about housing on our reservation. Under current legislation a
recent analysis of our housing needs revealed that it would take
some 15 years and $20 million plus to reach a point where we could
say that the current population needs had been addressed insofar
as safe and decent housing and yet another half a million dollars
per year for the next 15 years to maintain the current housing.
Under this legislation we should be able to spend the money that
we need on significant home rehabilitation now and upgrade exist-
ing structures into safe and decent dwellings so that this timetable
and budget can be reduced substantially.
As any legislation written is only as good as the staff hired to
write the administrative procedures and operating guidelines, we
sincerely hope that if passed great effort will be taken to insure
that skilled competent staff with local experience and knowledge
can be hired to operate the activites outlined in this act. It would
be a total disappointment and exercise in futility to pass the act
and then have incompetent staff attempt to learn as they go in
what could well be the last effort to build safe and decent homes
for the American Indian people.
The act as written contains the elements needed to address the
housing needs for our people; it is more concise and less cumber-
some than existing legislation and would encourage cost effective-
ness at the local level in construction, rehabilitation, administra-
tion, and maintenance of safe, decent, sanitary homes. We urge its
passage with the above comments taken into account and incorpo-
PAGENO="0165"
157
rated as applicable improvements to an interesting and promising
piece of legislation. Thank you.
Mr. WILLIAMS. We all thank you, gentleman. Your testimony will
be helpful to the committee, and we are glad that you came and
presented it.
Thank you very much.
Our next witness is Ramona Jones, Lower Sioux from Minnesota.
STATEMENT OF RAMONA JONES, CONSULTANT, LOWER SIOUX
COMMUNITY COUNCIL, MINNESOTA
Ms. JONES. Mr. Chairman, committee members, thank you for of-
fering this opportunity for all of us to have. I would like to sumbit
for the record from the Lower Sioux Community Council a letter
designating myself, Ramona Jones, as their representative to act
on their behalf today and an official copy of resolution 13-82 stat-
ing the Lower Sioux Indian communities position on H.R. 5988.
[EDIToR'S NOTE-A copy of the resolution may be found in appen-
dix III.]
The Lower Sioux Community Council has disapproved the bill.
The reason stated is that they objected to the use of tribal trust
funds or lands as collateral.
At a later point and before May 4, the Lower Sioux Community
will submit to you their written testimony. I would like to point
out for you a couple pieces of information. The Lower Sioux Com-
munity had a fast-growing community located in the central west-
ern part of Minnesota. HUD keep for 3 years on their desk the
Indian housing rules and regulations. Finally in December of 1981,
HUD finally made the housing authority.
In the interim, the State of Minnesota had allocated the four
Minnesota Sioux communities over $1 million of State funds for a
revolving loan fund up to 99 years at 3.5-percent interest for afford-
able mortgage rates for the Indian families, of which the Lower
Sioux Community built approximately 20 newly purchased existing
homes on or near the reservations on scattered sites, and they also
rehabilitated some of the substandard housing, not to standard con-
ditions, but at least a little bit better than before.
In the 4 years of program operations of the Sioux home loan pro-
gram, there have been no defaulted payments or foreclosures. That
is the reason why section 205 is asked to be stricken from the bill
because it is an insult. Here is a case where tribes have attempted
to work another housing alternative and have succeeded in show-
ing what can be done. In the event default payments should
happen, the alternative plan is to rent or lease the mortgage prop-
erty. This is an Indian homeowner, whether they are on trust, title
lands, or fee lands. They are entitled to own that house and then
can, at their option, rent or lease it with the proper lease or rental
agreement to bring the defaulted payments up to rent at a rate so
that the defaulted payments after a period of time would no longer
exist.
I would like to just say that formerly I was the administrator of
the State tribal housing for the State of Minnesota, so my experi-
ence was with all the tribes. This program turned out to be in
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158
excess of $20 million for 5 years so far, and it has a very good suc-
cess rate.
I would like to also point out that continuously, the small tribes
find themselves unable to use all the programs.
For instance, under title III, there is such a limited trust land or
trust funds for small tribes that this is just, title III guaranteed
program limited to trust lands is just impossible. The phased con-
struction will be important in meeting some of the Indian unem-
ployment needs as illustrated through the rehab program and
through the new construction of the State housing funds. A small
construction could develop over the last couple of years and has
employed from 5 to 15 people in this particular small community.
Even with your criteria for housing, you are going to prioritize
based on need, it is almost impossible to see how small tribes will
benefit from the program without some kind of allocations formula.
So the question is, there is just very little that we see important.
Another thing for you to remember is that Indians are taxpayers,
too. Those Indian persons, where it is 25 percent of the Indian pop-
ulation in a community that is working, pays Federal income
taxes. In States where States collect income tax on income, they
pay that, and they pay sales tax.
When you make a statement, you are representing U.S. citizens,
it almost sounds as if Indians are not citizens, when they also pay
taxes.
As I said earlier, the written testimony will come later, but
before May 4. Thank you.
Mr. WILLIAMS. Ramona Jones, thank you very much. You bring
expertise to the committee, and we were pleased to here from you.
We take the Lower Sioux Indian Community resolution serious-
ly. Let me say to you that this committee is in full agreement with
you that Indians are citizens, too. The point is that Indians, too,
want to make sure these programs are paid back. We simply want
to establish a mechanism to do that.
Ms. JONES. Right.
Mr. WILLIAMS. Again, our thanks for your excellent testimony.
Ms. JONES. Thank you.
Mr. WILLIAMS. Joe Oldman, chairman, Arapahoe, Wind River,
Wyo.
[Prepared statement of Joseph Oldman may be found in the ap-
pendix III.]
STATEMENT OF JOSEPH OLDMAN, CHAIRMAN, NATIONAL ARAPA-
HOE BUSINESS COUNCIL; ACCOMPANIED BY LAVERNE FAULK-
NER, MEMBER, HOUSING BOARD; AND BURNETT WHITEPLUME,
PLANNER
Mr. OLDMAN. My name is Joseph Oldman. Here with me is our
tribal planner, Mr. Whiteplume, and also of the housing board, La-
verne Faulkner.
Also, we have accompanying us Burton Hutchinson.
Chairman Williams, staff, ladies and gentleman, I represent the
Northern Arapahoe Tribe of Wyoming. We, the Northern Arapa-
hoe Tribe share the Wind River Indian Reservation with another
tribe. Our current enrollment is approximately 3,400 and is the
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159
largest of two tribes on the reservation. Our tribe is supporting the
concept of the Indian Housing Act of 1982 and would like to recom-
mend some changes.
First, we want specific language on the allocation of housing
units. That is, we want the allocation to be based on population.
For example, our Public Law 93-638 allocation is based on popula-
tion. We receive 54 percent of the 638 funds that come to the Wind
River Reservation.
We recommend that our tribe be allowed to submit a single
tribal application based solely on the Northern Arapahoe Tribal
population under section 203(d). Under the HUD administration,
the housing allocation is split 50-50. The housing needs of the
Northern Arapahoe people are not being adequately met.
Second, the amortization payment should be in line with the
rates established in other Federal programs, for example the Veter-
ans' Administration and Farmers Home Administration.
Finally, this bill should provide a vehicle to solve the differences
that may arise between or among the parties involved in a dispute.
The Bureau of Indian Affairs has not exercised it's responsiblity
regarding the trust relationship. The oil thefts from the Wind
River Indian Reservation is an example of what happens when
there is no recourse. Interpretation of the law is often a problem
once a plan is implemented.
* We recommend that a special commission made up of tribal
memberships sit in and provide input into the formulation of the
rules and regulations for this bill, Indian Housing Act of 1982, with
the Bureau of Indian Affairs and responsible authorities.
Further we recommend that an on-going commission be estab-
lished to work closely with the appointed Director of Indian Hous-
ing Programs to assure fair interpretations of the Indian Housing
Act.
In all cases, the integrity of the Indian tribes should be pre-
served. We recommend that the interests of the Indian tribes be
protected as well as the Federal Government.
We will forward additional written comments after further study
of the meaning of certain sections of this bill. Thank you.
Mr. WILLIAMS. We all thank you very much. We appreciate
greatly your testimony. And we particulary appreciate your pa-
tience in waiting until the end of the witness list to be heard.
Your testimony will be helpful as we adjust this bill, if and when
it begins to work its way through the committee and we thank you
for being here.
Let me try again to see if Lawrence Wunna is with us.
We thank all of you for your testimony and presence here today.
This hearing of the Committee on Interior and Insular Affairs is
adjourned.
[Whereupon, at 3:07 p.m, the committee was adjourned.]
PAGENO="0168"
PAGENO="0169"
INDIAN HOUSING ACT OF 1982
THURSDAY, APRIL29, 1982
HOUSE OF REPRESENTATIVES,
COMMITTEE ON INTERIOR AND INSULAR AFFAIRS,
Washington, D.C.
The committee met, pursuant to notice, at 10 a.m., in room 116,
House Annex No. 1, Hon. Morris K. Udall (chairman of the com-
mittee) presiding.
The CHAIRMAN. The committee will be in order.
Today, the committee completes its hearings on H.R. 5988 provid-
ing for the establishment of an Indian housing program in the
Bureau of Indian Affairs.
The committee has already had 3 days of hearings on this legisla-
tion and has heard from Indian witnesses representing nearly 70
Indian tribes and from two major Indian organizations. Over-
whelmingly, these witnesses, while opposing and expressing con-
cern about certain provisions of the bill, have endorsed and sup-
ported the bill itself. Some have indicated that they would prefer to
retain the existing HUD program, if possible, but would support
this bill if that is not possible.
In view of the desperate housing conditions among Indians, it is
vital that there be a continuity of program effort of housing assist-
ance. If HUD is to continue to be the answer, 1 will support the
continuation of that program. If the administration is successful in
terminating that program, it is important there be an alternative
program to take its place. We think our bill can provide that alter-
native.
We had requested testimony from the administration for this
hearing. However, the Department of the Interior has indicated
that they have not had a position approved by 0MB and are not
ready to present a statement. They have asked that they be permit-
ted to submit their report at a later time.
While we will, of course, accept their report when it is ready,
this committee is facing a May 15 deadline for reporting this legis-
lation. We must move ahead with the markup of this bill. While we
understand that 0MB officials are opposed to this bill, we do have
a copy of a letter from Assistant Secretary Smith to 0MB recom-
mending administration support for the bill. This is not a leaked
document. It has already been made public by the Bureau. There-
fore, without objection, the letter will be made part of the record at
the conclusion of my remarks.
(161)
PAGENO="0170"
162
For the information of the members, I have listed this bill for
markup on Wednesday, May 12, in order to meet the deadline of
the Congressional Budget Act.
For the remainder of this week and next week, the staff will be~
reviewing the legislation and the testimony so that we can have
the many recommended amendments before us for consideration.
[The letter from Assistant Secretary Smith referred to above by
Chairman Udall follows:]
Our first witness today is Mr. Leonard Garrow, president, United
South and Eastern Tribes.
Will you take the witness chair and we will be glad to hear from
you.
[Prepared statement of Leonard Garrow may be found in appen-
dix IV.]
STATEMENT OF LEONARD GARROW, PRESIDENT, UNITED SOUTH
AND EASTERN TRIBES; ACCOMPANIED BY H. PERRY POLCHIES,
CHAIRMAN, HOLTON BAND OF MALISEETS; AND JOE FRANCIS,
LIEUTENANT GOVERNOR, PENOBSCOT NATION
Mr. GARROW. Good morning, sir.
I have with me two of my associates who are members of the
United South and Eastern Tribes, Mr. H. Perry Polchies, who is
chairman of the Holton Band of Maliseets' and Mr. Joe Francis,
who is lieutenant governor of the Penobscot Nation.
My name is Mr. Leonard Garrow. I am the chairman and presi-
dent of the United South and Eastern Tribes. I am pleased to tes-
tify on the Indian Housing Act of 1982 on behalf of the 12 federally
recognized member tribes.
First, the United South and Eastern Tribes would like to express
our appreciation to you and other members of this committee for
your support and assistance over the years in behalf of HUD
Indian housing appropriations. As you are aware, in many places
the HUD Indian housing program has produced very acceptable
housing. Nevertheless, there is still a great need. Unfortunately, it
appears that the HUD Indian housing program is coming to an
end.
It is our understanding the administration plans to stop the
present program through Department of Housing and Urban De-
velopment. This is of paramount concern to us at this time and we
wish to make it very clear that the housing program for Indians
must continue. With this understanding in mind, we wish to com-
pliment you and the other members of this committee for introduc-
ing H.R. 5988 which finally sets out a housing program tailored to
the situation in which Indian people live. H.R. 5988 proposes sever-
al innovative and cost conscious concepts while at the same time
promotes the idea of self determination by giving the tribal govern-
ments the flexibility to establish tribal housing agencies. Placing
the authority as well as the responsibility for housing programs
with the tribal governments instead of imposing an outside struc-
ture upon us is commendable.
As an overall observation, we at USET also appreciate the sec-
tions of the bill that allow us discretion and flexibility to build in a
PAGENO="0171"
163
manner we wish, with the materials we wish, while placing a pre-
mium on constructing as many good houses as possible.
We also point out that the administration of the program would
be simplified. It would be a program developed for Indian reserva-
tions rather than an urban program applied to Indian reservations.
It would also reduce the number of Federal agencies involved in
this program from three to two, but more importantly, the two that
work with tribal governments. The three titles of the bill address
the needs of three different income levels of Indian families: Low
income, those which can afford a minimum monthly payment and
those which could afford to obtain financing except for problems
associated with the legal status of trust land. Furthermore, the in-
clusion of rehabilitation in all titles is commendable.
Before addressing several sections of the bill in a more detailed
fashion, I would be remiss if, at this point, I did not mention our
outright opposition to the sections of the bill that provide for at-
tachment of our trust funds. We understand that along with au-
thority goes responsibility, but we feel this responsibility should be
of a contractual nature without the sanctions of attaching our
tribal trust funds. With this in mind, USET recommends the fol-
lowing amendments to the bill:
Page 3, line 19, "standard housing." While we do not object to
the definition of "standard housing" in the bill, we recommend it
be made very clear that the standards in the bill are only mini-
mums.
Page 6, section 101(c). We understand this bill has to address sit-
uations across the country but we would like this section to make
it clear that the preferred method of handling this title is by agree-
ment with tribal governments or their housing agencies.
On page 8, section 103. This section is somewhat unclear with
regard to the protection from the loss of trust land and we recom-
mend line 4 to be changed to eliminate the reference to land.
On page 9, section 203, requires the submission of preliminary
drawings and specifications with the initial application. There
should be provisions for funding to prepare these drawings and
specifications.
Page 11, section 205. This section harbors the most potential
damage for tribal governments and empowers the Secretary to
attach tribal trust funds. The provisions of this section are inequi-
table in that tribes with trust funds are put at risk while tribes
without trust funds face no collective loss for failing to meet the
requirements of the project agreement. This makes the whole con-
cept of uniform sanctions meaningless. All tribes should be put at
the same risk or none at all.
Page 12, section 206, line 19. I would like to see that changed
from 2 per centum to at least 3 per centum, with a maximum at
$50,000.
Page 18, section 212(b). Eliminate this section. Separating respon-
sibility for construction and inspection is not a good idea and may
slow project construction and cause bickering and inefficiency.
Page 22, section 301, line 8. Insert on line after "families" "or
tribes".
Page 29, section 401. We feel strongly that section 401 should be
rewritten in order that the Bureau will have moneys to handle this
PAGENO="0172"
164
important and large effort. We also feel it important that section
401(b) be rewritten in order that it be public knowledge so the
tribes can know what it costs to run this program.
The CHAIRMAN. Thank you very much.
I appreciate, particularly, specific suggestions and comments. It
is always better for us, rather than have somebody say "we don't
like your bill, to have them say, We don't like parts of your bill
and here are the words that we would like to change."
We will study all this. I think some of your complaints and sug-
gestions are valid. Some of them may come from a misunderstand-
ing of what we are trying to do or a reading of the language that
we didn't intend, so we will take those in the constructive spirit in
which you offered them and see what we can do.
Thank you very much.
Our next witness is Mr. Sam Kito, who is representing the Alas-
kan Federation of Natives. Not here.
We have listed Mr. Roland Andrade, executive director of NCAI,
as our final witness.
You're Dave Dunbar. I have just been told that you are substitut-
ing for Mr. Andrade. We will appreciate hearing what you have to
say.
[Prepared statement of David Dunbar may be found in appendix
IV.]
STATEMENT OF DAVE DUNBAR, ON BEHALF OF NATIONAL
CONGRESS OF AMERICAN INDIANS
Mr. DUNBAR. Mr. Chairman, I realize there are many comments
that have been made on the bill the past days. I would like to sum-
marize our concerns on the bill as briefly as possible.
First of all, we recommend in section 3(5) that it be amended to
include Alaskan Natives as defined by the Alaska Native Claims
Settlement Act (43 U.S.C. 1601).
We further recommend section 3(11) also be amended to include
the definition as specified by the Alaska Native Claims Settlement
Act.
Under title I, Indian Housing Improvement Fund, we recom-
mend that to eligible individuals and families assistance be made
through the tribe rather than directly by the Secretary of the Inte-
rior. We believe that this will promote greater self-determination.
Under title I, section 101(c)(3), we recommend that the contract-
ing be done through the tribe by tribal contracting procedures, and,
further, that language be added to require application of Indian
preference as specified by Public Law 93-938, section 7(b).
Under title II, Indian Housing Finance Fund, we recommend
that section 203(c) be amended to allow the tribe to decide for itself
whether or not it should establish a tribal housing authority and
whether or not it wants to.
Section 205, we would recommend that this section be entirely
eliminated because of the many concerns that have been expressed
by the witnesses as well as the massive amount of communication
we have received from the field.
PAGENO="0173"
165
The mechanism which attaches part of the trust fund moneys
would be very hard to justify concerning the trust responsibilities
of the Government.
I believe that some sort of other equitable consideration can be
given, such as the chattel mortgage concept, in which the Secretary
may have some sort of security interest in cooperating with the
tribe and some sort of waiver of sovereignty which will allow a ter-
mination of interest in payment of the moneys.
We believe that under the same section, that should it continue,
the notification be extended to allow a tribe to perpetuate remedial
cures for the attachment of the trust moneys.
Section 211(c). We would recommend it be amended by deleting
language authorizing attachment of tribal trust funds under that
section also.
Section 215 should also be amended to require the application of
Indian preference as stipulated in Public Law 93-638 section 7(b).
Under title II, Indian Housing Loan Guaranty Fund, we recom-
mend section 309(a)(1) be amended to include tribal courts as
"court of competent jurisdiction" in escalating efforts in this coun-
try to date to place tribal courts in a position of parity with the
State courts, and this is of monumental importance to many of our
tribal constituents.
Title IV for Miscellaneous Provisions. We recommend that sec-
tion 401(c) be amended to define the percentage of moneys appro-
priated for administration of the programs or add a new section
authorizing administration costs.
We have several other recommendations that include allowing
tribes to contract all or any of the programs under 638 contracting
provisions. This will reduce the Bureau's costs and would provide
gainful employment and self determination.
We also recommend, under title IV, authorizing funding for re-
pairs or new construction performed directly by the Bureau be au-
thorized and, in addition, as an alternative, that this activity be al-
lowed to further contract under tribal authority under section 638
contracting provisions.
Section 104 of that title does not contain any guarantees that
houses built or acquired will remain under the control and jurisdic-
tion of the tribe. We believe that provisions must be accorded to
available tribal revenues and market demand in terms of ability of
the tribes to pay, under construction of these units.
We also believe that section 209(c) states that a house financed
under this title could be reacquired by the tribe at "fair market
value". We would suggest that prevailing market conditions, the lo-
cation of the housing, and the utilization potential should be con-
sidered in appraising these units.
Essentially, that is an overview of the concerns of the council,
Mr. Chairman, and I would be happy to answer any questions that
I can on behalf of NCAI as far as working with the staff in the
future in trying to promote alternative suggestions that we have.
The CHAIRMAN. I appreciate that very much. We have had a lot
of advice and suggestions in the hearings that have been held and I
appreciate those specific suggestions. As I said, we're going to mark
this up on May 12, and any persons in the room or your organiza-
tion or others who have testified, we welcome further constructive
PAGENO="0174"
166
comments, within the next few days, and then we're going to have
to close the doors and see what kind of bill we can put together
and come up with. That's not only to you, but others in the room.
If you have further comments and suggestions, we would appreci-
ate them very soon.
We have just set an all-time record of Indian housing hearings. I
appreciate you all coming. Let's close the hearing.
[Whereupon, at 10:15 a.m., the hearing was closed.]
PAGENO="0175"
APPENDIX I
THURSDAY, APRIL 1, 1982
ADDITIONAL MATERIAL SUBMITTED FOR THE HEARING RECORD
TESTIMONY OF THE NATIONAL TRIBAL CHAIRMEN'S ASSOCIATION ON
"THE INDIAN HOUSING ACT OF 1982"
Hr. Chairman and Members of this Committee:
It is indeed a pleasure to be able to provide you with the views of
the elected leadership of the federally recognized tribes on this im-
portant proposed legislation which if enacted would provide the tribes
with the means to work towards meeting the needs of adequate housing.
Before continuing I would like to express our deep appreciation to the
entire Committee staff for their efforts in developing this proposed
bill.
Mr. Chairman, it has only been slightly more than 10 years since the
Indian tribes have been abie to take advantage of the Public Assist-.
ance Housing program. It was during this same period that other types
of community development programs were made available to tribes. The
resultant surge in reservation development, encouraged a migration or
return of `relocated" urban tribal members who longed to return home.
Consequently the need for adequate housing stayed at a high level and
the IIUD operated Indian Housing Program has not been able to meet the
still serious deficiency of reservation housing stock.
In the Fall of 1981 it was made known that the Administratjon',arjd HUD
would seek to phase-out the Indian Housing Program and proposing in-
stead to use a form of Block Grant and a Voucher system for housing
programs on reservations. While there has been some p~~pns who pur-
pted to speak for the tribes and endorsed the use of Block Grants
and Vouchers, I wish to make it crystal clear that the Tribal Chair-
men's Association do not now and have' never endorsed that coç~pj~.
The Indian Housing Act of 1982 would provide a much more desirable
and fair alternative.
Contrary to Administration hyperbole BlOck Grants would not allow a
greater flexibility in meeting local housing needs. It would instead
allow for possible fragmentation of a given program, especially during
this crucial period when a temptation might exist to side track housing
funds for a perceived greater priority. It must first be recpgnized
that there is no reasonable guarantee that greater local control of
housing production would occur by using a Block Grant. or tbat other
housing-related problems would improve.
(167)
PAGENO="0176"
168
Housing Testimony
Page Two
There are other reasons why Block Grants for housing is not feasible.
One is that for any housing program to meet the needs there must be a
commitment for at least multi-year funding or budget authority. Even
then the problems presented by establishing a new untested program in
a community of underprivileged people are many, especially when the
Administration proposing that program has already exhibited its' wil-
lingness to ignore the real needs. Therefore it is our hope that this
Committee will encourage the Congress to provide a continuity of hous-
ing consttuttiOfl.
In January of 1982 the Board of Directors of NTCA declare4, "The Nat-
iopal Tribal Chairmen's Association has patiently and 4jiigently, and
in good faith worked for a recognition by the AdrniwLstr~l3°n of the need
for a continuation of the BUD Indian Housing Program. In spite of meet-
ings and conferences the Administration has forged ahead with their own
plans to eliminate the Indian Housing Program.
Additionally the NTCA called upon the Administration to convene a meet-
ing to discuss a mutually agreeable plan for Indian housing program im-
plementation. To this date we have received no reply to our request. We
must now assume that our pleas and requests have fallen on deaf ears ag-
gravated by a lack of concern.
Therefore it is encouraging to us to be presented this opportunity to
discuss with you today this proposed Act. It is to us a shining ray of
hope in an otherwise dark future. The recc ion ~j~!ioJi~L
Tribal C1airmen'~A~sOc1ati90 that this ~
However, while recommending the bill we do have several conditions that
we wish to address. Our first concern is that the construction of Indian
houses should not be stopped. If the legislation is enacted it is likely
that there would still be a considerable time lapse before the program
could actually be operable within the BIA, and it is obvious that the
BIA now has more operational problems than it can presently manage. While
we will pursue efforts to convince the Administration to continue the
HUB Indian Program for at least one more year as a stop.~gap measure, we
feel that the Act should contain language that would:
1. Mandate that the Secretary meet a timetable for program
start-up.
2. Provide for an appropriation of advance funds specifically
for skeleton staffing to develop regulations, develop op-
- erational and administrative plans, and to ensure as much
as possible that problems which were inherent in the HUB
operations would not occur in this program. If proper care
and planning occurs then the program could be fully oper-
ational according to a timetable.
We feel that such language would be helpful in convincing the Adminis-
tration of the feasibility of a one-year extension of the UTJD program.
PAGENO="0177"
169
Housing Testimony
Page Three
To continue, we ask that Section 3.(5) be amended to read:
- (a) "Thdian" means a person who isi ii~chib~Fofiis India's
tribe;
(b) "Indian tribe" mealis any Indian tribe, hand, nation, or
other organized group or community, including any Alaska
Native village or'regional or village corporation as defined in or
eetsblisl:ed pursuant to the Alaska Native (lainis Suttlemeut Act
(85 Stat. 688) which is recognized as eligible for th~ special pro.
grams and services provided by the United States to Indian.
because of their status as Indians'
(c) "Tribal organization" means t~he recognized governing body
of any Indian tribe; any legally established organization of
Indiana Which is controlled, sanctioned, or chartered by such
governing body or which is democratically elected by the adult
members of the Indian community to be served by such organiza-
tion and which includes the maximum participation of Indians in
all phases of its activities: ProvWcd, That in any case where a
contract is let or grant made toan organization to perform services
beneflttin~ more than one Indian tribe, the approval of each such
Indian tribe shall be a prerequieitc to the letting or making of
such contract or grint:
This is the same language as is contained in Public Law 93-638 and
the definition of "Indian", et cetera, would not differ from the est-
ablished and Congressionally eccepted meaning. It is our go~i.1. that all
Indian-oriented legislation should be consistent in this area.
Section 3.(9)(ii)(iif)(fv) should be amended to reflect the use of the
U.S. Uniform Code for Heating, Plumbing and Sewers, and Electrical---
rather than an ambiguous reference to local codes which could conceiv-
ably lead to local jurisdictional problems especially in those states
subject to Public Law 83-280. The U.S. Uniform Codes now offer mini-
mum standards which are accepted in many rural areas.
Section 3.(ll) would be deleted as it is covered in Section 3.(5) am-
endment above.
Title I: Indian Housing Improvement ~~c~aram.
It would seem consistent with the intent of the Act to have housing as-
sistance under this Title, at Section 101., to flow through the Tribal
governing body or if designated, the Tribal Housing Agency. Section
101 (c)(3) provides for the Secretary to bypass the local authorities
to contract with private construction firms. We recommend that this
authority remain with the Tribal government.
Section 103.(b) providesfor a lien to be:placed:on fee land, making
it subject to forclosure and sale. This seems to be highly unnecessary
for repairs to a dwelling and could be detrimental to Indians, especially
in the state of Oklahoma where there are no reservations. We recommend
that the term "major repairs" be defined as costing over $10,000.
In any case of forclosure whether on fee land or on tribal land, the tribe
should have the right of first refusal.(Sect. 104)
18-934 O-83----12
PAGENO="0178"
170
Housing Testimony
Page Four
Title II: Indian Housing Finance Fund.
In Section 203.(c), it should be made clear that it is the intent of
the Act (in our view) that the Tribal Housing Agency should be direct-
ly responsible and answerable to the Tribal government in all matters.
In the HUD program a major problem developed because of the autonomy
practiced by many Indian Housing Authorities. When troubles erupted
and scapegoats were identified the bottom-line was that the Tribal gov-
ernments were ultimately responsible. Therefore, this4ct should beex-
licit in where the authority and responsibility lies and that is with
the Tribal government.
During 1981, the greatest improvement of problem Indian Housing Author-
ities were those where the local Tribal government reassumed, or asserted,
their operational control.
Section 205, we believe needs more in-depth study and research. The
idea of ~mortgaging" the tribes trust funds is a new idea whtch the
tribes will probably not accept readily, even to build houses. On the
face of it we would reject the provision of allowing the Secretary to
attach trust funds, especially because the Act is not yet explicit as
to what remedies can be employed before the attachment would take place.
Generally, even state laws allow procedures which give the dehtor in
some cases up to a year to rt~leem. Werequ~hat we beal1~~4~
submit a more detailed statement and recommendatiO~ on this crucial
issue at a later date.
Section 215. In accordance with local self-determination and the stated
"Federalism'1 philosophy of greater local control, it seems only proper
that the Tribal government should have the authority to approve an Af-
firmative Action plan,NOT the Secretary. We recommend that the words 9±e
Secretary"be stricken and replaced with 1he Tribal government." -
Title III: Indian Housing Loan Gtnmaty Fund.
While we are in favor of establishing a program under this Title, we
suggest that it might not be adequately funded at the proposed levels
for FY 1983 through FY 1987. The $2,500,000 dollars for FY 83 would
provide approximately 50 houses nationwide (at an estimated 50,000
dollars each), and approximately 75 houses in FY 85-86-87. AdmInis-
trative overhead would reduce this accordingly.
PAGENO="0179"
171
Housing Testimony
Page Five
For the obvious reason of Atlministratjve C~t versus Resi~lts it would
seem that a larger appropriation request would be more cost-effective.
I realize that a budget conscious Congress might frown on this but it
does not seem to niake good sense to operate a program which only builds
50 houses nationwide each year. Therefore we recommend that the approp-
riation request be at least doubled for each of the Funding Years and
until the Fund ba1~nice of $20,000,000 dollars can be ~naintained.
Mr. Chairman, this concludes my testimony on this subjec~t for today
but before I le~ve I do want to leave with you and yo4r Committee the
best regards and appreciation from ou~ President, C~iiefPhi1lip Ma~t1n,
and from our Board of Directors who are all duly elected Tribal Chair-
men, for your past and present concern and consideratjQn for Indian
affairs. Thank you, and good day.
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PAGENO="0181"
173
Mr. Chairman and members of the Committee on Interior
and Insular Affairs, I sincerely appreciate the opportunity to
appear today before this committee.
My name is Roy J. Cleveland. I am the Executive Director
of the Navajo Housing Authority. I have with me members of the
Board of Commissioners and our Legal Counsel, John H. Schuelke.
We are pleased to he invited to present our position
with respect to the proposed "Indian Housing Act of 1982". Our
presentation will he by way of comments and recommendations to
specific sections of the proposed Act.
Comment No. 1. There are no provisions for public rental
in the proposed Act.
Recommendation. The present public rental program should
he continued with adequate funding to properly address the
needs or the proposed Act should be expanded to accommodate
public rental.
Comment No.2. The proposed Act does not address the
existing HUD Public Housing programs which exist in most Indian
communities.
Recommendation. The HUD Indian Housing assistance pro-
grams should he continued with sufficient funding to finaliza-
tion or the Act should make provisions to properly handle the
present HUD programs.
Comment No.3. The Act fails to make reference to present
laws applicable to labor standards, Davis-Bacon wage requirements,
Affirmative Action programs, Indian Preference, archaeological
clearances, environmemtal statements, contract preference, and
PAGENO="0182"
174
other present restrictions.
Recommendation. Since the Act requires the Indian tribe
to build a certain number of houses to acceptable minimum pro-
perty standards for a gross dollar amount, each tribe should be
given the authority to determine which of the present require-
ments should apply to the particular tribe.
Comment No. 4. The Act makes no provision for scattered
site housing in remote areas. It requires plumbing and utility
systems for each dwelling unit which eliminates scattered site
housing as being too costly.
Recommendation. The Act should relax the minimum property
standard in certain exceptional cases to allow construction of
dwelling units in remote areas. This could be accomplished by
utilizing other systems of waste disposal and heating.
Comment No. 5. The minimum family size per dwelling
provided in the Act (Section 3 (9) (v)) appears to he directly
related to the dollars allowed for each dwelling.
Recommendation. If the dollars allowed per unit are
related to the family size per dwelling, then the minimum
dwelling size should he increased by 33 1/3 to 50~.
Comment No. 6. Title I, Indian Housing Improvement Pro-
gram, of the proposed Act expands the present BIA Housing
Improvement Program (HIP) and proposes funding not to exceed
$30,000,000 in each fiscal year beginning in fiscal year 1983.
Recommendation. The present BIA budget for the HIP
program is $23 Million. Thirty Million Dollars ($30,000,000)
per year is totally inadequate for thisprogran.
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175
The majority of the people proposed to he served under this
program do not have the financial ability to pay. Any charge
would create a hardship not an assistance. Therefore, any
requirement of payments by individuals should he eliminated.
Comment No. 7. Title I, Indian Housing Improvement Pro-
gram, Section 104, allows the sale of houses under the proposed
Act.
Recommendation. The proposed Act should restrict the
sale to persons or entities first approved by the Indian tribe
to preserve the trust status and control of the lands.
Comment No. 8. Title II: Indian Housing Finance Fund,
is an apparent attempt to replace the present HUD Mutual Help,
rehabilitation and modernization programs.
Section 203 of the proposed Act requires submittal of
preliminary drawings and specifications with program applica-
tions hut fails to provide funding for the preparation of such
before approval of the application.
Recommendation. Preliminary Funding should he available
to the Indian tribe to prepare the necessary submittals to
present with the applications.
Comment No. 9. Section 205 (a) and (h) of the proposed
Act empowers the Secretary of the Interior to attach Individual
or tribal trust funds held by the United States in the event an
individual or tribe fails to meet its financial obligations.
Recommendation. Include suitable provisions to protect
due process requirements and lessen the harsh sanctions imposed
by the proposed Act.
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Comment No.10. Section 205 (c) prevents the Secretary
from rejecting an application because an individual or tribe
has no trust funds.
Recommendation. This section is potently unfair to
individuals or tribes with trust funds. It should he changed
to treat everyone in the sane manner. No trust funds should he
subject to attachment.
Comment No. 11. The entire sanctions provisions of
Title II are very severe.
Recommendation. Lessen the severity of the sanctions
proposed in the Act.
Comment No. 12. Section 212 (h) requires the Indian
Health Service to monitor construction inspection.
Recommendation. The tribe should he responsible for
monitoring inspection of construction. This would eliminate
the cumbersome interdepartmental agreements and place the
responsibility with one agency.
Comment No.13. Section 213 (b) requires a contractor's
performance bond.
Recommendation. Require a contractor to provide a 100
percent performance and payment bond from a bonding company on
the approved Department of the Treasury list of such companies.
Also require all other insurance and bonding now required in
present Indian housing construction programs.
Comment No. 14. Section 220 provides for funding limita-
tions of $100 Million in fiscal year 1983 to eventually reach
a level of $250 Million.
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Recommendation. The funding request is grossly inadequate.
The HUD funding request for fiscal year 1982 is $703 Million.
Six Hundred Million Dollars ($600,000,000) is a much more reason-
able and necessary amount.
Comment No.15. Title III: Indian Housing Loan Guaranty
Fund. Under this title of the proposed Act, there would he
established a loan guarantee program under which the Secretary
of the Interior would guarantee loans to private sources with
procedures for foreclosures.
Recommendation. These programs should remain with HUD
and Agriculture (FHm). BIA does not have the technical capacity
in housing insurance. This would establish a new bureaucracy
for functions already provided. As alternatives, establish an
Indian Housing direct loan program in HUD, expand the Farmer's
Home program or devise a program which does not involve the
land in the guarantee.
Comment No.16. Section 309 provides for foreclosure in
a court of competent jurisdiction in the event of default.
Recommendation. Require the foreclosure in the tribal
court or if there is no tribal court, then in a court of compe-
tent jurisdiction.
Comment No. 17. Title III speaks of foreclosure which
implies taking the incidents of ownership through legal proceed-
ings from one and transferring to another.
Recommendation. Land is the basis of the Indian culture.
We suggest the land should not he involved in such proceedings.
Perhaps land could he eliminated from the guarantee program and
just the loan guarantee he adequate security.
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Most tribes now have forcible entry and detainer laws which
could be utilized.
Comment No. 18. Section 311 establishes Guaranty Fund
maximums and limits the aggregate outstanding principal amount
guaranteed by the Secretary.
Recommendation. Create a realistic funding level of at
least $50 Million. Remove the restriction on the aggregate
principal amount the Secretary may guarantee.
Comment No. 19. Title IV: Miscellaneous Provisions,
Section 403 requires the Indian Health Service (IHS) to he respon-
sible for the provision of water and sanitation facilities.
Recommendation. One agency should have the responsibility
for the entire program. To involve IHS will again require a
cumbersome inter-agency agreement which is objectionable.
Comment No. 20. Section 404 requires all-weather access
roads through existing programs.
Recommendation. The funding for such roads should he ear-
marked for access roads to housing projects only.
In conclusion, Mr. Chairman and committee members, we
have operated a public housing program since 1963. We believe
this program could be made less costly and more efficient with
proper modifications. The Navajo people comprise almost one
fifth of the entire Indian population. We are very concerned
about the continuation of our housing program. Approximately
one half of the entire Indian population reside in the States
of California, Nevada, Arizona, and New Mexico. We respect-
fully request that further hearing in respect to Indian Housing
programs he conducted at either Albuquerque, Phoenix or Las
Vegas and that delegated tribal representatives he allowed to
present testimony rather than other national Indian organiza-
tions who do not represent the rural grassroots tribal members.
Thank you.
Respectfully submitted,
~
R y . `Cleveland
Executive Director
Navajo Housing Authority
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PUEBLO OF LAGUNA
P.O. BOX 194
OHi~ ~f: LAGUNA. NEW MEXICO 87028
Th, ~ (505) 2433718
Tb, S~,.t,,,. (505) 2433717
Tb, ~ (30~) 2433718
STATEMENT
The PUEBLO OF LAGUNA and the PUEBLO OF LAGUNA HOUSING AUTHOR-
ITY would like to make a statement regarding the proposed Indian Housing Act of 1982.
We have been informed that this Act is to take the place of HUD programs which pres-
ently furnish housing for needy Indian people. If this Act is to serve as a pretext for the
Federal Government to abandon subsidized Indian housing on a large scale, then this Act
is both inadequate and unfair to the Indian people and to the Tribes. If, on the other
hand, it is to supplement existing programs in meeting the very considerable Indian
housing needs, then it contains some new ideas which are certainly worth considering and
which, with changes, could serve to meet some Indian housing needs.
Title I is similar to the familiar HIP program, with the added provision for some
new houses. The funding referred to is grossly inadequate as anything more than a minor
supplementary program. The provision for repayment is entirely inappropriate.
Title III, the loan guaranty portion of the Act, may meet the needs of affluent
Indian families living on reservations. The monthly payments which would result, how-
ever, would be so high as to be out of reach of almost all of the reservation Indian popu-
lation. There should be some provision in this Title to subsidize part of the extremely
high cost of Indian housing on reservations, taking into account the unique and frequently
severe circumstances which exist even for the more affluent Indian persons living on
Indian reservations.
Before specifically addressing Title II, which apparently would be applicable to
the bulk of reservation Indian people, it should be noted that any legislative action which
would remove Native Americans from the National Housing Program is unacceptable to
LAGUNA. The Housing Act of 1937 applied to all Americans from the outset, except for
American Indians. The first HUD houses were constructed on our reservation in the mid-
1960's, some twenty-five years after public housing was made available to all other
Americans. The need for housing for American Indians is unquestioned. 12% of the
general population of Americans have inadequate housing; 60% of American Indians have
inadequate housing. American Indians should not receive less than their proportionate
share of housing from any national housing effort. HUD housing has been successful in
that it has delivered many houses to needy Indian people. It has been unsuccessful in that
the delivery system is slow, burdened with red tape, overregulated, and results in a
needlessly expensive structure. This has resulted in harsh criticism of Indian programs,
and the critics in Congress have ammunition to attack the entire concept of Indian
housing. The system needs to be changed, but the answer is certainly not to deny Indian
people participation in a national housing program.
Whatever its intended scope, Title II of this Act has some serious flaws. Few,
if any, tribes would give up their sovereignty and subject the trust funds held by the
Government to unilateral seizure. That the Government holds tribal funds in trust in the
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180
first place is not of the tribe's choosing, but is the law of the same Government which
now proposes to seize them. The pitifully inadequate trust funds which now exist for
most tribes illustrate the poverty of most Indian tribes. Title II stands as evidence that
we have learned little from our years of involvement with the HUD programs. Its lan-
guage is inadequate to deter the growth of overregulation, red tape, and layers of bu-
reaucracy. The involvement of other Government agencies which has proven so frus-
trating is once again provided for by Title II. The computation of monthly payments for
participants is unfair and is too high. On the other hand, the total dollars provided is
absurdly low. The flat contract period set out does not give a participant the sense of
"paying off" an asset, nor of establishing an equity. The overriding danger in this pro-
posed program is that Congress is unaccustomed to appropriating hundreds of million of
dollars to Interior for housing, and it is likely that such funding will be lost in the
shuffle. Congress would be more likely to pay attention, in all good faith, to HUD pro-
grams or other similar programs than to pay proper attention to an isolated Indian hous-
ing program.
As stated before, if the Indian Housing Act of 1982 is to supplement rather than
supplant the HUD-type programs, then it should be seriously considered, rectified, and
made into law. If, instead, it is to serve as a rationale for doing away with current
meaningful Indian housing programs, then it should not be viewed favorably.
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NATIONAL AMERICAN INDIAN HOUSING COUNCIL
1001 N. MOUNTAIN ST. * WATERS BLDG. . SUITE 2-J . SIERRA PROFESSIONAL COMPLEX
CARSON CITY, NEVADA 89701
TELEPHONE (702) 882-1766
TESTIMONY
SUBMITTED BYf
RONALD FROMAN
NATIONAL AMERICAN INDIAN HOUSING COUNCIL
April 1, 1982
HOUSE COMMITTEE ON INTERIOR AND INSULAR AFFAIRS
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182
Mr. Chairman, members of the Committee, we are pleased to
testify on the Indian Housing Act of 1982.
First, the National American Indian Housing Council would
like to express our deep appreciation to you and the other members
of this committee for your support over the years in our behalf.
We are especially thankful for your assistance this last year in
dealIng with the 1982 Indian housing appropriations. Absent your
efforts, it is our firm belief the HTJD Indian Housing program
would have suffered an early death and who knows how many Indian
families would have suffered as a consequence.
We feel your concern further manifests itself in the Indian
Housing Act of 1982. The Act is a daring, innovative, and cost-
conscious concept, while at the same time, long overdue., and you
are to be commended.
-` For the last year, we have seen a critical examination of the
HTJD Indian Housing Program with the professed goal of making the
program more cost effective, more simple and improving the program's.
integrity. As so often is the case, it is easier to criticize, but
much more difficult to do something about it. To accomplish these
goals, apparently HIJD is proposing a program based primarIly on a
Section 8 voucher type of system, under the handle of "Certificates".
We consider this totally unrealistic since such a program depends
upon the `availability of existing rental units which we all know
are simply not available in Indian areas. In additions the certifi-
cate program, in our opinion, would be more complex and more costly
than the pres~ent HUD program.
The Indian Housing Act of 1982 shows that the Committee has
maintained a history of the Indian housing effort. To paraphrase a
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183
famous quote, `Congressional Committees who don't study their history
are doomed to repeat it". Well, it's quite evident there is no danger
of that occuring with this Act. For the first time, we have a pro-
posed Indian housing program designed for the special needs of Indians
and not an aberration of some existing urban program. The need for
such a program has been well documented by past testimony. We commend
the Committee for taking into account the past testimony and imcorpo~.
rating such into the Act.
We believe this Act accomplishes those goals mentioned above.
This Act consolidates the program into two agencies requiring the
same authorizing and appropriations committees. No longer will we
have to deal with the much criticized "Tn-Agency Agreement", or the
myriad of Congressional committees. Also, the Congress will not be
put into an embarrassing posture of one Agency requesting funds, the
- other Agency requesting no funds, with the Indians and bureaucrats
trying to make sense out of it all. The present HUD Indian Housing
Program requires 16 separate committees. This alone will make this
Act much sImpler to administer.
The revolving loan fund established by Title Two of the Act
will result in diminishing financial involvement of the Federal
Government and is in tune and makes more sense in these times of
diminished federal resources. It also answers one of our major
concerns of a long term committment of the Trustee. Why shouldn't
we make the payments made by the Indians work for the program as
well as the taxpayers?
Section 206 of the Act may cause many tribes to have reserva-
tions about risking their trust funds in event of non-payment.
Without question, this section will greatly enhance the programs'
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184
integrity. Of greater importance to us, no longer will one tribe
operating its program effectively, suffer the consequence of another
tribes' transgressions. Put simply, only the trIbal government
itself has the authority to carry out its responsibilities, and
where they do not, then only that tribe alone, should suffer the
consequences and be held accountable to its tribal members.
Ultimately, the long term economic development impact of the
Act may be its most meaningful feature. Low-income housing alone,
by definition, limits its impact upon economic development activities.
Housing opportunity for a broad range of incomes and economic deve-
lopment are synonomous. Absent one or the other, neither can go
forward with any assurance of success. Today, economic development
and the resulting jobs are woefully lacking in Indian areas. This
Act, If passed, will finally put in place the basic ingredient so
vital to this activity and heretofore absent.
The inclusion of rehabilitation as an eligible item under all
titles of this Act will lower the unit costs and enable the Tribes
to house more people than thought possible wIth the sane amount of
money under the HUD Indian Housing Program. No longer will a
$10,000 to $20,000 problem result in us razing a house and building
a $50,000 house in its place. All the forces, such as maximum
payment, lower payments on rehabilitated houses, and simplicity of
program design, work towards a more judicious use of Federal funds.
This Act does not give the Indians an open checkbook. Section
405 requires the Department of Interior to report to the Congress
biannually a housing inventory. This has never been required. The
inventory will greatly assist the Congress in determining need and
the subsequent appropriation~ necessary to meet that need. Section
405, will also assure as far as is possible, a fair allocation of
housing resources to the Tribe.
In conclusion, we stand ready to assist the Committee in this
endeavor. If ultimately we fail and no housing program remains,
the lifestyle of the reservation will remain bleak and nay become
intolerable. We hope we are not reverting to that forgotten era of
Federal IndIan Policy, many of us refer to as "Benign Neglect".
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Statement by Gene Thompson
Executive Director of the Housing Authority
of the Cherokee Nation of Oklahoma
Before the Housing Committee on Indian
and Insular Affairs
April 1, 1982
Mr. Chairman and Members of the Committee, I am pleased to
be given the opportunity to testify on behalf of the Cherokee
Nation of Oklahoma and the housing Authority of the Cherokee
Nation of Oklahoma as to the Indian Housing Act of 1982.
The Cherokee Nation is appalled to have learned that the
Administration has not requested any Indian Housing units
through the Department of hlousinq and Urban Development for FY
1983 and is seeking to rescind the FY 1982 funds for Indian
Dousing that were appropriated by Congress. We would like to
bring to the Committee's attention the strong need for an
Indian Housing Program in Eastern Oklahoma.
The Cherokee Nation covers fourteen counties in
Northeastern Oklahoma. As of January 1982, there were 42,995
Cherokees residing in Northeastern Oklahoma. According to a
1978 study by the Cherokee Nation and the Bureau of Indian
Affairs, there are in excess of 10,000 substandard units of
housing inhabited by Cherokee families. This includes an
overwhelming flumber of units without indoor sanitation
facilities and indoor running water. Furthermore, unemployment
of adu] t Indian males in Non hteastern Oki ahoma runs at
approximately 20% (Oklahoma Employment Service).
18-934 O-83---13
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186
presently, there are over 2500 unsolicited applications
pending with the Cherokee Housing Authority. This does not
include applications for rehabilitation of substandard units.
It should be interesling to note of the 8400 Indians now
residing in Cherokee Housing Authority units, 44.2% are under
the age of 18 and 20.2% are over the age of 55. FurthermOre,
over 50% of the families have an annual gross income under
$5,000.00. In addition to its Mutual Help program the Housing
Authority also serves as the Public Housing Agency for over 14
small rural Oklahoma towns.
After an examination of the proposed Indian Housing Act,
one advantage is readily apparent. Historically, the Secretary
of the Interior has served as the principal Trustee for the
Native American. Generally, the Secretary has the respons-
* ihility of executing the policies of the government towards
Native Americans. Other programs designed to improve the well
being of the Native American generally operate through the
Departm~flt of the Interior. The Department of Housing and
Urban Development does not have that historical relationship
with the tribes. Therefore, this Indian oriented program will
be placed in a department that already has the goal of serving
the Indian people.
One of the major failures of the HUD Indian flouning
[)1O(JEaIfl has been the inability t:o meet the umi ique needs 01 t1i~
PAGENO="0195"
187
various Native American communities. This is apparent in
several ways. First BUD has forced a housing structure on the
Native American that is over-built. This Act sets forth
certain minimum standards that must be met. Whereas, BUD
over-regulated the type of house that must be built. Second,
the BUD guidelines for admission are so restrictive that many
Native Americans who are capable of being homeowners are
eliminated from the Mutual Help program. As everyone is aware,
homeownership can be very expensive including the cost of
maintenance and utilities. Under the HUD program only the
*very, very poor are qualified for admission. Unfortunately,
these families can not afford to undertake the routine
maintenance nor pay the prohibitive cost of utilities.
Finally, the present location of an Indian Housing program in
BUD actually increases administrative problems due to the
Tn-Agency Agreement. A Tribal Housing Authority must maintain
a working relationship with three government departments, HUD,
Indian Health Service and the Bureau of Indian Affairs. By
transferring this program to Interior the number of government
departments is reduced to two.
This proposed Act has several strong features that the BUD
program doesn't possess. This program allows for the servicing
of a more diverse economic group that the present BUD program
does not serve. Under this Act both the very low income, the
wage earner and the moderate income may be served. Second, it
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188
unifies all Indian Housing programs in one department. The
Housing Improvement Program, the Indian Housing Finance Fund
and the Indian Housing Loan Guarantee Fund will be unified in
one department. Presently, an Indian Housing Authority under
the HUD program does not participate in substantial
rehabilitation, such as that allowed by the Housing Improvement
Program, nor are they allowed to participate in Loan Guarantee
Programs for the moderate income Native American who resides in
Indian Country, such as allowed by the Indian Loan Guarantee
* Program.
A further feature of this bill is that it provides
appropriate sanctions for the failure of a Tribal Housing
Agency to properly administer their program. One of the most
glaring fundamental weakness of the HUD Mutual Help program is
the alarmi.ng size of delinquent Account Receivables. The
sanctions provided by this Act transfer the ultimate
responsibility for the collection of accounts to the tribal
government. Furthermore, this bill allows for quarterly
monitoring of the residual receipts and an annual audit. This
will allow the Secretary to give or stop assistance to a Tribal
Housing Agency when a problem begins and not after it has
developed over several years.
Furthermore, this bill allows an incentive for a Tribal
Housing Agency to develop a maximum number of housing units for.
PAGENO="0197"
189
the yearly allocation. For example, under the HUD program an
allocation is given based on a number of units. Only this
number of units may be built and there is no incentive to
reduce the Total Development Cost, i.e. achieve maximum usage
of their dollar. Under this act only a minimum number of units
must be built out of the yearly allocation. If a Tribal
Housing Agency wishes to increase its number of units from its
yearly allocation, and serve more Native American families,
they may do so as they meet the minimum standards of housing
construction as established by the Act and the Secretary.
There are several recommendations that we believe should be
embodiedin the Act. The Act makes no specific reference to
the ability of a tribe or Tribal Housing Agency to Force
Account their yearly allocations. Some tribes possess the
necessary expertise, both managerial and technical, which would
allow them to construct their own units. This would allow a
* maximal use of the dollar. For example, the cost of producing
a unit could be reduced by 15 to 20 percent by a tribe or
Tribal Housing Agency building their own. This would further
allow a tribe to house more families and increase maximum usage
of their dollar. Therefore, we would recommend that language
be inserted to allow the Force Account method of construction.
A second recommendation would be that this Act he subject
t:o the I~dj.azi Self-Determination Act (93-638). An Indian
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190
tribe, if it should possess the capacity, should be allowed to
contract this program from the Bureau of Indian Affairs.
Another problem area is in the fact that the Department of
the Interior (BIA) does not have any personnel who are experts
in housing production. Without securing qualified personnel
from other departments, this program could be burdened with
many problems and delays. Therefore, we urge that great
consideration be given to the placement of qualified housing
experts in this program.
A final recommendation would be that nothing in this Act
would be~ construed to prohibit a Tribal Housing Agency from
participating in housing programs of other government
departments and agencies.
In summation, we urgently ask for your consideration on
this Act. This Act properly transfers the responsibility of
housing to tribal government, providing tribal government the
necessary flexibility to meet the needs of all of its members.
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191
HAC
Housing Assistance Council Inc. * 1025 Vermont Ave., NW. * Suite 606 * Washington, D.C. 20005 * (202) 842-8600
fN *LL~L ~ - ~ ~tL *~
TESTIMONY OF
HAROLD 0. WILSON, EXECUTIVE DIRECTOR
HOUSING ASSISTANCE COUNCIL
BEFORE THE
COMMITTEE ON INTERIOR AND INSULAR AFFAIRS
UNITED STATES HOUSE OF REPRESENTATIVES
APRIL 1, 1982
Endorsed by: National American Indian Housing Council
National Rural Housing Coalition
Northern Cheyenne Housing Authority
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192
HAC.
Housing Assistance Council Inc. * 1025 Vermont Ave., NW. * Suite 606 * Washington, D.C. 20005 n (202) 842~86O0
- ~--~-___1__~___ --- - -_~---J__-_._-
HOUSING ASSISTANCE COUNCIL
TESTIMONY BEFORE THE COMMITTEE ON
INTERIOR AND INSULAR AFFAIRS
U.S. HOUSE OF REPRESENTATIVES
APRIL 1, 1982
Mr. Chairman, and members of the Committee, it is a
pleasure to be invited to testify today on the "Indian
Housing Act of 1982." You are to be commended for your
timeliness, concern and excellent work on behalf of Indian
communities of this nation.
On March 10, 1981, the Administration proposed termi-
nation of the MUD Indian housing program and zero funding for
the Indian Health Service water and sanitation facilities
program. For FY'83, the Administration has again proposed
zero funding for the MUD and INS programs providing housing
assistance to Indians. Likewise, no new development money is
proposed for any MUD assisted housing program for FY'83. The
lack of production funds is a move by the Administration to
save Federal dollars. A proposed substitute is a modified
Section 8 certificate program which allows eligible low-income
PAGENO="0201"
193
households to find housing in the private market. For Indians,
this type of proposal is unrealistic -- there is no private
market housing on reservations.
On December 7, 1981, the Congressional Record published
the BUD budget request to the Office of Management and Budget.
In that budget request, BUD stated,
No addi-tional funds will be requested in the
1983 budget for any Indian housing program
pending completion of the interagency task
force review. No further funds are being
requested for the water and sanitation pro-
grams of the Indian Health Services. The
Indian Housing construction pipeline is
assumed to be completed. However, to the
extent that added water and sewer facilities
are needed to complete the current Indian
housing pipeline, those funds will have to
come from deobligations of Indian housing
units.
Despite its inadequacies, the HUD Indian housing program
remains a vital resource in meeting Indian housing needs. BUD
has developed over 40,000 housing units on Indian reservations
over the past twenty years. Indian housing authorities have
been established, staffs hired and trained, procedures and
inter-agency working relationships developed. Tribes and Indian
individuals have invested and borrowed to form construction compa-
nies in reliance of the BUD program. They, and Indians employed
on BUD-funded projects, will be out of work and forced to take
their place in unemployment and welfare lines if the BUD program
is ended. Additionally, while a new program alternative is highly
PAGENO="0202"
194
desirable, start-up time is bound to be slow as shown by past
experience. Thus, we believe that this important progran should
be kept intact but u~dified to cut costs, streamline delivery
and make it more responsive to Indian needs. However, if this
proves to be impractical and unacceptable in this era of fiscal
austerity, HAC supports the "Indian Housing Act of 1982' as a
viable alternative to the HUD program.
The proposed Act is a more comprehensive program than is
being carried out now in that it provides housing assistance for
three separate Indian income groups. However, we do have the
following concerns:
(1) This Act should not exclude Indians from being
eligible for other Federally-assisted housing
programs.
(2) Sec. 3(11) limits the programs to Federally
recognized tribes. Since the Bill is substitute
for the HUD program, it will discriminate against
those tribes without Federal recognition. The
proposed Office of Indian Housing Programs, to be
established within the Bureau of Indian Affairs,
should have the authority to serve, at least, those
tribes currently served under the HUD program.
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195
(3) Tribes, and Indian individuals, may be reluctant to
have trust funds attached for nonpayment of residual
receipts. We would hope that this would be the last
sanction used. -
(4) The Bill is not clear on the minimum incone necessary
for eligibility under Title II. HAC believes this
should be stated in the legislation.
(5) HAC recommends the addition of a provision for opera-
ting expenses should they become necessary.
(6) HAC believes there should be a limit, or cap, set
for the administrative charge which is part of the
minimum payment.
(7) HAC recommends under Sec. 3(9) that the language
for a standard house be changed to read: `standard
housing" means a dwelling in a condition which is
decent, safe, sanitary, and modest in size and desi~
so that it meets the following minimums--" (Underlining
demotes proposed change).
(8) Under Sec. 206(a), HAC recommends that preliminary
planning and administration disbursements be limited
to two percent of the total Fund amount.
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196
(9) Under Sec. 213(a) HAC recommends that the language be
changed to read, `Tribal and Agency officials and
employees who are responsible for the receipt, dis-
bursement and accounting for funds under this title
shall be bonded in an amount not less than the funds
obtained in the initial disbursement, the average
quarterly residual receipts balance and the aver~g~
annual balance of the maintenance reserve accounts.
No initial disbursement shall be made until a bond
satisfactory to the Secretary is obtained.."
(Underlining denotes proposed change).
(10) Under Sec. 203, MAC recommends that applications in-
clude prelimina~y specificatidnS but not drawings
as this may be too expensive for tribal housing agencies
that have not received preliminary planning funds.
(11) Minimum standards sometimes become the standard for
housing and we would recommend that quality homes be
developed for Indians with maximum attention paid
to energy efficiency and ease of maintenance.
(12) MAC recommends a minimum of a five-year authorization
for the Act to assure a continuing commitment for
housing assistance, to Indians.
Some of the features of this bill that are particularly
commendable include:
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197
(1) This housing program was obviously designed for
Indian tribes, it is not an adaption of an urban program
to the reservation setting. It is a far less complicated
program than the HUD program, and the ease of admini-
stration alone will save money and speed up delivery.
(2) The payback of residual receipts to the Indian
Housing Finance Fund will assure a continuing program
of housing assistance to Indians while the annual
appropriation request to Congress can be decreased as
the amounts returned to the Fund increase.
(3) It provides a means for middle-income Indians, liv-
ing on trust l~nd, to finance housing from the private
market.
(4) It consolidates the funding and administration of
the program into the Federal agencies and Congressional
Committees traditionally responsible for Indian Affairs.
(5) It provides for substantial rehabilitation, as well
as acquisition and construction, for Indian families with
an ability to pay a minimum amount for housing.
(6) Legislative enactment of the Housing Act of
1982" would constitute a fairly comprehensive plan, along
with other housing assistance programs, to eradicate the
PAGENO="0206"
198
deplorable and unacceptable Indian housing conditions
which presently exist in this country.
The Interagency Task Force, chaired by Mr. Kenneth Smith,
Assistant Secretary of the Bureau of Indian Affairs, has yet to
make its recommendations for an Indian housing program. We
understand from testimony before this Committee on March 4, 1982,
that the Task Force recommendations would be forthcoming any
tine from two to eight weeks. Thus, the timeliness of your pro-
posal is to be cbrnmended. In reference to the need for help
from the Federal government to decently house American Indians,
I would like to provide to each member of the Committee, a copy
of a recent publication by the Native American Rights Fund,
"Indian Housing -- Worst in the Nation.' The fact that this
Congress has made the effort to continue the existing program as
well as to develop an alternative to it, shows a deep commitment
and special concern which is especially important because of the
trust responsibility the United States Government has with Indian
Tribes. Without that commitment, overcrowding and substandard
conditions will continue to worsen, and improvements in health
and sanitary conditions will decline. It is truly grim to realize
that the progress that has been made in improving living condi-
tions for American Indians and Alaska Natives will be so quickly
and devatatingly ended. Without your commitment, there is no
safety net.
PAGENO="0207"
199
Statement of Peter MacDonald, Chairman
Navajo Tribal Council, Navajo Nation, Arizona
Before the House Committee on Interior and Insular Affairs
April 1, 1982
Today, there is a critical need to immediately. construct 10,000
homes on the Navajo Reservation. Of the existing houses, 18,000 are
so substandard as to be nearly uninhabitable. Additionally 12,000
other units are in urgent need of substantial rehabilitation.
Needless to say, there is a dire need to continue the federal
Indian housing program. This commitment must be both with respect to
existing commitments as well as to initiate new units. The federal
commitment to Indian housing must be a multiyear commitment which will
escape the annual wrangling for the federal budget.
The criteria utilized in evaluating the various pieces of
legislation being proposed to continue Indian housing should not get
caught up in a battle of turf between various federal agencies.
Instead, the following factors should be of paramount consideration:
4,
(1) The proposed legislation must contain a sufficient
level of expenditure to insure that all obligated units will be
constructed without the necessity to deobligate any of the units
already in the pipeline.
(2) The proposed legislation must provide for sufficient
funds to continue the Indian housing program at a sufficient
level to make a meaningful commitment to the continuation of the
- provision of housing to Indians.
PAGENO="0208"
202
people who provide special services to the reservations such as
medical personnel at hospital complexes.
(13) The proposed legislation must take into account the
specific needs currently provided by various housing programs
including construction of new units, and rehabilitation of
existing substandard housing.
(14) The proposed legislation oust be cognizant of the fact
that there is a tremendous need for a housing program which will
be devoted exclusively to Indians and respect the integrity of a
specific Indian housing initiative.
In conclusion, the issue of which legislative proposal should be
enacted should not turn on the question of where the program is going
to be located in the federal bureucracy.
The true issue here is how can we work together to better use
precious federal dollars to build more Indian housing which will
accommodate the specific needs of particular Indian tribes as
determined by the individual tribal governments.
Thank you.
PAGENO="0209"
INDIAN HOUSING, WORST IN THE NATION
By:
Margaret S. Treuer
Edited By:
Virginia Spencer
Housing Assistance Council
Anita Remerowski
Native American Rights Fund
Published By:
Native American Rights Fund
1506 Broadway
Boulder, Colorado 80302
This publication was prepared with funds from the National Rural Housing Coalition
under contract with the Native American Rights Fund.
PAGENO="0210"
Introduction
Across the length and breadth of the United
States, tucked away in isolated rural areas and in
urban ghettos, live over 1.4 million American
Indians who rank as the worst housed population
group in the United States. And when the Reagan
Administration took office, it became apparent
that American Indians were to suffer the largest
percentage cut in the federal housing budget - the
elimination of HUD's Indian housing program, the
main program for construction and upgrading of
Indian housing.
The Administration has proposed zero funding
for the HUD Indian housing program and the
Indian Health Service water and sanitation
facilities construction program for FY `83.
Likewise, no new development money is
proposed for any HUD assisted Indian housing
program for FY `83. The lack of construction
funds is a move by the Administration to save
federal dollars. A proposed substitute is a
modified Section 8 certificate program which
allows eligible low-income households to find
housing in the private market. For Indians, this
type of proposal is absurd--there is no private
market housing on reservations.
In addition, it is clear that the 1982
Administration proposal to terminate the HUD
Indian housing program is being carried out even
though Congress appropriated $25 million for 4,000
units for FY `82. A proposed cancellation of the
FY `82 units was made by the Administration on
February 10th. HUD will thus defer spending for
at least 45 congressional working days while
Congress deliberates the cancellation proposal (160
units of Indian housing for FY `82 are being held
back from the proposed cancellation due to
existing commitments). HUD also plans to cancel
as many units previously obligated as possible,
following the terms agreed to under the Annual
Contributions Contract. This means that housing
projects can be cancelled if deadlines are not met
by Indian housing authorities (IHA), or if cost
overruns occur and there is no amendment money.
IHAs could lose approximately 9,400 units in the
HUD pipeline that are not already actually under
construction. Another problem will be proposed
cutbacks in operating subsidies for low-rent units,
requiring higher rent payments from the lowest
income participants. The effect will be death to
many IHAs and no housing for Indians on
reservations because there is no other means
available to build homes.
Overcrowding and substandard conditions will
continue to worsen, and health and sanitary
conditions will decline. It is truly grim to realize
that the progress that has been made in improving
living conditions for American Indians and Alaska
Natives will be so quickly and devastatingly ended.
This is no safety net.
Alarmed at those early indications from the
Reagan Administration that sounded the death
knell for Indian housing, Indian tribes and
organizations around the country began casting
about for some means of documenting the housing
conditions of their people, identifying present
delivery problems, and offering viable, cost-
effective, solutions to the problem to present to
PAGENO="0211"
C?1
Pho Administration proposes to terminate the IIUD Indian
Housing Program in 1982, There is no reason to continue
this program. President Reagans Budget Message
PAGENO="0212"
Congress and the Administration. What eventually
grew out of the ensuing meetings and discussions
was a series of citizens hearings. Through first-
hand testimony of Indian people and of people
working in Indian housing and related fields, it is
hoped that some understanding and sympathy could
be gained and action taken to improve living
conditions of American Indians.
With limited financial assistance provided
through a National Rural Housing Coalition grant
to transcribe the proceedings and summarize
testimony, hearings were held throughout the
Summer and Fall of 1981. The day-long hearings
were presented to panels consisting, variously, of
congressional staff members; federal officials
representing the Department of Housing and Urban
Development, Bureau of Indian Affairs, and
Farmers Home Administration; tribal and state
officials; and housing specialists. Each hearing
was formally conducted with witnesses submitting
written and oral statements to the panel, and
answering questions presented by panel members.
All testimony was transcribed ver batim.
The testimony of some witnesses documented
in painful detail, the exact nature of the housing
in which they lived. Other witnesses testified to
their experiences in attempting to deliver housing
at the local level with limited funds and
~cianpower while living up to the myriad of
conflicting regulations of different federal
agencies. Still other witnesses who worked
directly with Indian people - social workers, tribal
court personnel, advocates, medical staff -
testified to their experiences and frustrations at
being unable to help the many Indian people they
encountered daily who desperately needed better
housing.
What has emerged from these hearings is a
graphic record of the human price Indian people,
and our society in its turn, is paying in shattered
families, trauma, disease, loss of dignity and loss
of life itself for lack of decent housing.
No report, including this one, can possibly
convey all facts, nuances, and innuendo which can
be gotten from first-hand information. Any
serious student of Indian housing problems must
read the hearing transcripts themselves. However,
in order to circulate the salient points of the
hearings to the broadest possible audience this
summary was prepared. Statistical background
information has been added to supplement the
witnesses testimony. Every attempt has been
made to adhere faithfully to the record and to
emphasize those points emphasized by the
witnesses themselves.
PAGENO="0213"
Contents
Part I: Indian Housing Conditions
Introduction 2
A. Miserable for Nothing 7
Margaret Treuer is a member of the Minnesota
Chippewa Tribe and grew up on the Leech Lake B. Doubling Up and Splitting Families . 8
Indian Reservation. Prior to law school, Mrs.
Treuer - a registered nurse - worked as a health C. Barely Shelter 11
program director and advocate on her home
reservation and other Minnesota reservations. U. No Housing At All 13
After graduating from Catholic University School
of Law in 1977, she worked in Washington, D.C., E. Federal Indian Housing: Programs &
as an Indian housing advocate. She is now in Problems 15
private practice in Bemidji, Minnesota.
1. Indian Housing Programs. . . . 15
2. Current Problems 16
3. The Future9 19
Virginia Spencer is a Indian housing specialist for
the Housing Assistance Council in Washington,
D.C.
Hearings on Indian Housing:
List of Participants 21
Anita Rem erowski is a staff attorney with the Selected Bibliography on Indian
Native American Rights Fund, and the director of Housing 27
its Indian Law Support Center Project.
PAGENO="0214"
A. Miserable for Nothing
"In the city I made more money, but I
had to spend it all on miserable
housing. Here I can be miserable for
nothing." Young Reservation Indian
Woman, Montana Citizen Hearing on
Indian Housing, May 13, 1981.
According to the 1980 census, there are 1.4
million American Indians in the United States.
About 50% live on Indian reservations or in rural
areas near those reservations. It is well
documented that Indians and Alaskan Natives have
the "lowest incomes, the fewest economic
opportunities, the highest mortality rates, the
least education and notably the worst housing.*
With few exceptions, the economy of the
typical reservation is tied directly to the federal
budget. The slashing of federal programs,
including housing, will undoubtedly push the
present poverty rate of 45% to even higher levels.
According to BIA labor force statistics unemploy-
ment among Indians presently ranges between 40-
70% in some areas and the expected loss of
housing development funds will exacerbate this
already dismal figure.
Despite 18 years of HUD and BIA housing
programs, American Indians suffer from the worst
housing conditions of any United States' citizens.
12% of all Americans live in
substandard housing, but 49% of all
Indians live in substandard housing
(1970 census, no update yet available).
1.9% of all Americans live in
overcrowded housing, but 27.6% of all
Indians live in overcrowded housing
(1970 census, no update available).
According to 1981 BIA statistics, there
is a backlog of nearly 90,000 units of
substandard Indian housing needing
repair or total replacement.
The latest BIA figures (Oct. 1980) show that
there are 165,000 Indian families living in
reservation areas. Of these 28,600 families have
no housing of their own. This figure includes the
tent, car, and wickiup people. Of the 136,400
existing Indian units, 60,184 need repair while
another 32,048 need replacement. Thus, some
92,232 reservation families were living under
substandard conditions in 1980, whereas in 1970
this figure was 63,000.
Moreover, available statistics do not include
the significant numbers of Indians living in urban
centers* and in off-reservation, rural areas, since
*Written statements from the National Urban
Indian Council and the Indian Rights Association
of Philadelphia on urban Indian housing needs are
available from NARF.
*U5 Senate Select Committee on Indian
Affairs, Report on Indian Housing, GPO, 1979.
PAGENO="0215"
they are not within the BIAs jurisdiction. Indians
from non-federally recognized tribes are also left
out of official counts. Thus, the full extent of~
the need for Indian housing is unknown. More
than likely, it is at least twice that of official
estimates.
Health statistics, traceable in part to poor
housing conditions, are grim. According to 1981
BIA statistics, 19 of every 1,000 Indian babies
between 30 days and II months die. This figure is
twice that of the national average. Gastroen-
teritis and pneumonia, both environmentally
related causes of death, claim the lives of most
of these infants. The Indian accident rate runs
four times that of non-Indians. Forty percent of
accidents, the leading cause of death among
Indians, occur in and about the home. The suicide
rate for Indian youngsters is twice the national
average and although difficult to document, poor
housing is undoubtedly a contributing factor to
this heart breaking statistic.
Witnesses at the citizens hearings emphasized
three aspects of the Indian housing crisis: the
overcrowding, the housing conditions, and the
homeless.
B. Doubling-Up & Splitting Families
Unlike urban areas with block after block of
boarded-up buildings, vacant units of any kind are
practically unheard of in Indian country. Even the
most dilapidated, rudimentary structures are
occupied. As one reads the transcripts of the
hearings, the pervasiveness of overcrowding due to
the lack of existing housing is striking. The 1970
census shows that 27% of all Indians live in
overcrowded conditions compared to 1.9% of the
general population.
It is not uncommon to find two or three or
more families living in a structure inadequate
even for a single family. Because the median age
of reservation Indians is 23 years (according to
the 1980 census), a sharp increase in population
and family formations is developing. Housing for
new families is simply not available and none is in
sight. Thus, the housing shortage is causing social
disruption and breaking up Indian families.
The story of Holly and Danny B., a young
couple from a Midwest Indian reservation is
illustrative. Holly and Dan were married in 1976.
In 1977 a son was born to them. In 1979, while
Holly was carrying their second child, they were
divorced. Why? Holly says it was mostly because
they never had a place of their own to live in.
PAGENO="0216"
~ /
It,
Right- now wo hovo 1 ~Thmily, a young woman with three children. She
I tera I ly has no p aco to go, so she s liv inq in a car . Now, i If we
a harsh winLor, I don't know what's going to happen to them.
Di rector , for I 13n 1 knap Roservat ion Noun ing Authority, Montana,
PAGENO="0217"
I.
A problem in many Indian homes is ~he plurnhing,which, if existent at
all, is generally in need of repair or replacement.
PAGENO="0218"
Dan had a steady job so they could have rented a
place, but nothing was available. Mostly they
moved back and forth between the homes of their
respective families. Her folks, with three other
children, had a two-bedroom trailer which had
been discarded by the BIA as temporary housing
for its employees. His family's home was a two-
room log cabin housing his father and two teenage
brothers. There was friction between Holly's
mother and Dan, and Dan's brothers and Holly.
Family feuding and lack of privacy were straining
the marital relationship to the breaking point. In
the summers they would camp in a nearby U.S.
Forest Service campground which had water and
bathing facilities, but only for five days at a
stretch (campground regulations prohibited longer,
continuous stays). So on weekends they went to
relatives' homes or slept in their truck. After
three years of this they separated for good.
Holly and the children presently receive AFDC
benefits and live with her family in the trailer.
Cultural and survival imperatives among Indian
peoples dictate that resources, however scarce, be
shared among family members and the tribe. This
sharing ethic is applied to shelter as well.
Witness after witness at the citizens' hearings
attested to shelter-sharing among Indian families.
Most commonly found are extended family
households with grandparents, parents, and
grandchildren together under one roof. Witnesses
who work with elderly programs flatly stated that
"traditional single-bedroom elderly housing," as
such, had no place in Indian communities. "The
elderly need 2-3 bedroom units because they
always have their children and grandchildren with
them," was one statement. Another witness
stated:
"They need a big enough house for
them (the children) to stay with the
grandparents. Because Apache people
are proud people and they don't want
the children to go into foster
homes...all the grandmothers are the
ones who take care of the children."
Indian families in' BUD assisted housing
expressed difficulty in comprehending regulations
aimed at preventing overcrowded BUD units.
Many of them had lived in 2-4 room shacks with
their large extended families for so long that it
had become almost normal. Gloria McCullough, a
woman from the Hannahville Indian community in
Michigan, who had been asked to testify about
overcrowding, had this to say about her own
situation:
"I have 10 children, all living at home.
My oldest daughter is married and she
lives with us. We have a four-
bedroom BUD house with a basement.
My boys built bedrooms downstairs (in
the basement). It is not overcrowded.
Each one of my children has his own
bed."
Under HOD regulations Mrs. McCullough's
home was overcrowded but to Mrs. McCullough, if
no child had to share a bed, it was adequate.
A witness from the Hat Creek area in
California testified about overcrowding among his
community of 147 people:
"There are three families living in a
two-bedroom house - three families.
There are four families living in
PAGENO="0219"
another two-bedroom house. So how
crowded can you get? And then we
have a family of at least 15 people
living in one small house and they
have more when there are other
people who come along. They don't
turn anyone away."
Incidentally, the 1980 census count of this same
Hat Creek Community was 15 people.
Severe overcrowding sometimes results in a
physical breakup of Indian families. Some children
are parceled out to relatives. Others end up in
foster homes. The mental and emotional harm to
the child victims cannot be calculated. The
family of Mrs. Apkaw, a registered nurse from the
Gila River Apache reservation in Arizona, was one
such family forced to split up. In 1980 she, her
husband and nine children acquired a new HIP-
funded house* measuring 15' x 32', a little over
43-square-feet per person. A bathroom was
planned, but ultimately not included because it
would take up too much space. After an older
daughter and her family had to move in, it
became necessary to take some action. Mrs.
Apkaw stated:
"We couldn't all fit in our house
anymore so I left some of my children
with my brother in Sacaton and son
with my folks about a mile away.
The remaining family would spend the
night as comfortably as we could in
our home. And then when we got
ready to go, I'd gather up my children
again."
A San Carlos Apache woman employed by her
tribe to assist reservation elderly testified about
her frustrations in attempting to secure used
mattresses from a condemned hospital for one
family. The family consisted of an elderly couple,
13 grandchildren and a grown son. The house they
lived in consisted of four small rooms with no
plumbing whatever. The family had only two beds
so that all the children except the baby slept on
the bare floor. They had floor room enough for
six mattresses, single size. Figuring that two
children could sleep together on one mattress,
they asked for help in getting six mattresses.
By the time the worker went after the
mattresses they had already been taken by other
families and the children continued to sleep on
the floor. Given this kind of situation, which is
not particularly rare, it is not surprising that
Gloria McCullough felt that because her children
each had a bed, her home was not overcrowded.
Witnesses from the Southwest, Midwest,
Eastern and Northwest areas of the United States
also testified about instances of legal intervention
and removal of children due to over-crowded,
inadequate housing. Colleen Clark, a juvenile
officer from a Montana reservation stated:
"We just recently had a family that
lived on the reservation. There was an
elderly woman taking care of her
grandchildren. There is no running
water, no sanitation facilities. These
children had to be taken out of that
home and be placed in foster care.
This is just one example; there's
more."
*Housing Improvement Program administered
by the Bureau of Indian Affairs.
PAGENO="0220"
y~
~
#~ ~
nil
13n
`When my dad was sick with cancer and he
had to go to the outhouse -- his pride -
- he didn't want mom taking him there so
he'd go by himself, One night he didn't
come back and finally she went out, He
was so sick she picked him up and helped
him into the wheelchair." Pima Indian
ii
`If
1~
4
I ~
il"
~/f )
PAGENO="0221"
Colleen went on to state:
"Cutbacks in Indian housing are
another form of genocide which
started four hundred years ago because
when you break up your Indian
families, they don't have anything left.
Things like this can be prevented and
that is why I'd like to see results
somehow because in the meantime I
have to face more families tomorrow."
C. Barely Shelter
If such a thing as a "typical" modern-day
Indian house existed, it could be described as a
two- to four-room wood frame structure, lacking
insulation, lacking complete indoor plumbing, with
one or more major structural defects and
sheltering a minimum of six people. In addition,
one could probably add that the house would be
without access to safe drinking water and without
means of refrigerating food.
The President's Commission on Housing reports
that 7.5% of all U.S. housing units are sub-
standard. According to the 1970 census
approximately 50% of the existing Indian housing
units are substandard. Although little hard data is
available, it is probably safe to say that the
majority of the 90,000 Indian units classified as
substandard have several defects.
A great deal of housing described at the
hearings consisted of housing abandoned by others
as no longer useful or fit. For example, at St.
Regis Mohawk in New York 138 trailer homes with
2" walls, provided by the government for flood
victims in Pennsylvania, were acquired by
PAGENO="0222"
Mohawks for the cost of transportation. So far,
22 have burned down due to inherent defects.
The remainder are unable to maintain a
temperature of 7096 F. mandated by state law,
and winters in St. Regis are severe. The witness
describing the trailers stated that 1/2' thick frost
forms on interior walls, two and three feet above
floor level. These trailers constitute roughly 25%
of the available housing at St. Regis.
Witnesses from the Gila River Indian
Community in Arizona reported living in barracks
left over from a World War II concentration camp
for Japanese-Americans.
And, at Leech Lake Reservation in Minnesota,
for a nominal sum, several Indian families were
able to acquire trailer homes discarded by the
Bureau of Indian Affairs after they had served
their purpose as temporary housing for its
employees.
A random sampling of individual units
described by witnesses follows:
Crow Reservation Montana: Wife, husband,
five children ranging in age from 2-14, live in a
house with four rooms, a kitchen, living room, and
two bedrooms. The house has no closets and no
water supply. Water is hauled 26 miles. They
have good credit ratings, work, and could afford
to make mortgage payments, but every agency and
private lending institution they went to turned
them down because of the trust status of their
land.
Confederated Salish and Kootenai,
Flathead Reservation, Montana: Wife, husband,
and three children occupy a three-room house with
one bedroom. During the cold winter months the
whole family slept in the living room near the
stove to keep warm and in summer they slept
outside. All the plaster had fallen off the walls,
holes in the ceiling, running water (lots of iron
and calcium in it) for the kitchen sink only, snow
came in underneath the door.
Lookout, California: Indian couple living at
a rancheria. Wife is 45, husband is 64, he is an
invalid and can't walk, they have no water, their
well is contaminated. The electricity has been
shut off.
Syracuse, New York: A 63-year-old Indian
man with diabetes lived alone in a one-room
apartment with a shared bathroom at the end of
the hall which was filthy. Ilis diabetes caused
open sores to develop on his feet. As his feet
got worse, he became bedridden and unable to
change bandages or socks, or go down the hell to
the bathroom. He lay in bed for five days before
someone noticed the odor coming from his room.
Gangrene - he lost one leg above the knee and
three toes on the other foot. Now he is in a
hospital where he has been for months.
Salt River Indian Reservation, Arizona:
Wife, husband, brother-in-law and two children live
in tiny two-bedroom house. The ceiling in the
kitchen is coming down and the floor has partly
caved in. The children can walk up to an
electrical outlet and reach back in and touch the
wiring. The children can't sleep alone because of
the danger of mice biting them, so they share
their parents' bed.
San Carlos Apache, Arizona: An old man,
his wife, and 30-year-old blind son live in 10' x 12'
PAGENO="0223"
a
"They sleep in cars on our reservation
because we do not have Other facilities
for them to stay. A lot of homes are
filled with double occupancy because the
Indian people do take them in." Housing
Commissioner, Lac Du Flambeau, Wis-
cons in.
PAGENO="0224"
An ci dr ly No z Pc roe man 1~ ives in th i house on t:h~ idctho no rvnt ion.
hau so is so u no tah i.e thi L the n»=concl f 1 nor n inset: be used rh 1 3 ~(> mr ny
ho .1 e s i n the on t t h :r t the on 1 y it r y p o t I ri tb 1. boo so i w h ii r m in
si cops. Ho her; put: ci ritbon nit on tho cc iii nq over his bed,
PAGENO="0225"
frame shack with an open air arbor outside for
cooking. No electricity, no running water, no
plumbing.
Nearly all of the witnesses testifying at the
hearings stressed that the specific examples they
cited were not unusual hardship cases, but rather
were somewhat typical of existing conditions in D. No Housing At All
their communities.
To a smaller, but not insignificant, number of
Indian people, Indians living crowded together in
small ramshackle units are considered lucky. They
at least have a roof over their head and means of
preparing a hot meal. Members of this group are
literally homeless. Many of them sleep in cars -
which may or may not be operable - tents, or
other "temporary" shelter.
"A number of what they term the
Indian ghettos in Wolf Point, Montana,
have been torn down - the families
are out on the streets. We had to go
and find children that are staying
behind grain elevators, under porches,
inside doorways, things like that,
because they didn't have anyplace to
go."
Juvenile Officer
Fort Peck Reservation, Montana
Indian people, mostly from the nearby Rocky
Boy Reservation, were living in a "community"
next to the city dump of Havre, Montana. The
"homes" had been constructed of paper, rags and
lumber scraps salvaged from the dump. The City
of Havre solved this embarrassing problem by
ordering that all Indian shacks in and near the
dump be bulldozed immediately.
PAGENO="0226"
"When the shacks were bulldozed,
some of the Indians' belongings were
still stacked where they had once
lived, homeless, displaced, no money,
and no place to go. Some returned to
Rocky Boy where relatives took them
in, causing more overcrowding."
Indian Witness
Rocky Boy Reservation, Montana
A tribal court administrator testified about
some of the problems the tribal court encountered
because of the housing shortage:
"One problem we encounter Is that
newborn babies, born in the Public
Health Hospital, sometimes can't go
home with their parents because their
housing is unsuitable for a newborn.
Also, we encounter men who come to
jail and ask to be arrestd so they
would have a place to sleep."
Blackfoot Reservation, Montana
A witness from San Carlos Apache presented
slides of housing conditions of the elderly on that
reservation. Many of the elders live in 10' x 10'
shanties expanded with an open-air arbor used
during warm weather for cooking and sleeping.
One slide showed the "house" of an old woman
which consisted of a tent pitched under a
permanent roof structure supported by poles. For
her this was home, winter and summer.
Homeless Indians are found in urban as well
as rural areas. Some years ago an enterprising
group of urban Indians from Minneapolis managed
to secure funding for an Indian housing project.
The units are always filled and there is a long
waiting list. Indian families who can't get a unit
or find a family willing to take them in, sleep in
their ears in the parking lot. The director of the
project had this to say:
"I don't think it is funny to see people
out there in the street and in the
parking lot. I have had families of
six, seven and eight children sleeping
in cars for days. We send them to
the welfare department, and the
welfare department says, you have a
reservation there, you take care of
them... It is a vicious cycle."
A witness from the Winnebago Tribe in
Wisconsin testified that in the outlying areas of
his reservation several families continued to live
as they had in the 1950s in wigwams, without, of
course, plumbing and electricity. Most of them
are elders who are adamant about continuing to
live on the same land they grew up on. Money
for modern housing is not available so they
construct traditional structures. It is a hard life,
but to these people it is harder to live elsewhere.
And, in northern California, as recently as 1976,
30 Indian families were living, somehow, in the
snow in the wilderness without any kind of
shelter. At that time, the Karok Tribe, to which
these families belonged, was not federally
recognized.
PAGENO="0227"
there ar' no off i ~t t Li 04 Ct I he 040. lee of hazel ~`04 roth nn'~ . iari', I' md
orueri iv oh e I r o t ii fri ``nd n oh rc :~ I . A van no.; I oe eve a: home for'
I h to Ca i i torn i: oh `in.
PAGENO="0228"
E. Federal Indian Housing: Programs
& Problems
I. Indian Housing Programs
During the administration of Franklin
Roosevelt, it became evident that much of the
lower income population was residing in housing
that was not decent, safe nor sanitary. In an
effort to correct this problem and improve the
economy, Congress passed the Federal Housing Act
in 1937. However, the Native American population
was denied any housing assistance under this
federal program, or any other housing act, due to
its unique problem of restricted land status.
Indian land, in trust status, cannot be alienated,
thus prohibiting mortgage lenders from holding the
land and the home for security. Only in 1961 was
it administratively decided that public housing
could be made available on reservation lands.
Even then, many Indian communities did not get
housiing programs started until the 1960s.
The postwar housing booms that revitalized
most communities never happened on reservations
despite the eligibility of many Indian veterans who
served this country honorably in World War II and
the Korean conflict. Veterans Administration
housing benefits have been consistently denied to
reservation Indians because their trust lands could
not be considered as security for VA housing
programs. Today, Indians are still denied access
to most federally-assisted housing except for three
small programs: (1) HUD Indian Housing created
under the authority of the regular HUD Public
Housing Program; (2) HUD Community
Development Block Grant Program, which may be
used for housing rehabilitation; and, (3) the Bureau
of Indian Affairs' Housing Improvement Program
(HIP) created in 1964.
"Apparently when the Indian soldiers
took off their military uniforms when
they were discharged they had also taken
off the appreciation (of their govern-
ment) for serving their country honor-
ably. . . The war dust in Italy and
Germany did not even settle back to the
ground when the United States government
began sending billions of dollars for
reconstruction of buildings and rehabil-
itation purposes. Also, before the
atomic bomb's dust returned to the
ground of Japan, Uncle Sam was there
with billions of dollars for mass
construction of modern buildings, mass
rehabilitation, including the best
medical doctors the United States had
had to offer and excellent hospitals.
Meanwhile, we, the Rocky Boy Indian
people, are still living under the same
bad living conditions." - Indian veteran
of World War II from the Rocky Boy
Reservation in Montana.
Since 1961, the BUD Public Flousing Program
has remained the only significant housing resource
available to Indian people. The BIA uses a simple
grant approach, which provides funds primarily for
home repairs which most threaten the health or
safety of the occupants. It does not bring units
PAGENO="0229"
up to minimal standards in all cases. In addition,
a handful of new homes are constructed with HIP
funds each year. The program has always been
grossly underfunded. Despite these shortcomings,
it is a much sought-after program among Indian
people because of the grant mechanism,
administrative simplicity and tribal orientation.
Due to its relative simplicity, rural
orientation, and family centered approach, the
FmHA Section 502 program is better suited to the
reservation setting than are most federal housing
programs. However, few FmHA loans or grants
are made to Indians despite the fact that rural
areas are where most Indian reservations are
located. Currently, under the FmHA Section 502
program, only moderate income families are
eligible, thus not meeting the large need at the
lower income end of the scale. In addition,
FmHA's county offices are generally located in
the county seats far removed from reservation
centers. As a result FmHA *has little visibility
among Indian groups.
The 1974 Housing and Community Development
Act made it possible for the first time for the
FmHA to accept a security interest in a 50-year
leasehold on Indian trust lands. It was thought
that this provision would remove a major obstacle
to Indian participation in FmHA loan programs.
However, Indians living on allotted trust lands are
reluctant to use FmHA programs because FmHA
and the BIA have agreed that the trust feature of
such lands will evaporate in the event of
foreclosure. Even in the case of tribal trust
lands, FmHA loans are viewed with suspicion
because a foreclosure would result in non-Indians
taking possession of the land for the remainder of
the lease term. Other factors which inhibit
FmHA loans to Indians are "steady job"
requirements, and the general unaffordability of
the programs for a large percentage of the Indian
population, even with an interest subsidy.
As stated previously, the unique legal status
of Indian land effectively prevents Indian use of
conventional mortgage financing and the use of
the various state and federal mortgage insurance
programs. Even if the security interest
requirement could somehow be overcome, it is
doubtful whether such programs would work
without an alternative loan servicing feature
because many reservations are far removed from
the service area of conventional banking
institutions.
Excluding various mortgage insurance programs
such as VA and FHA, it is estimated that the
govern m ant provides housing assistance sufficient
to meet approximately 5% to 6% of the need f or
the total U.S. population, and between 2.5% to 4%
of the need for Indian housing (Testimony before
the Subcommittee on Rural Housing and
Development of the Committee on Banking,
Housing and Urban Affairs, U.S. Senate). This is
obviously unfair when one considers the percentage
of Indian families living in substandard housing
compared to that of the general population, and
when the relative quality of housing between
Indians and other population groups is considered.
2. Current Problems
The delivery of effective and efficient housing
assistance to Indians in rural areas defies easy
solutions. First, most Indian communities lack the
physical infrastructure comprised of roads, streets,
sewer, water, and utility lines normally found in
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I
PAGENO="0231"
non-Indian communities. Second, the the trust
status of Indian land, so necessary to the
economic, cultural, and political survival of the
Indian tribes, means that conventional real estate
financing and federal mortgage insurance programs
as presently structured are unavailable to most
Indians. Third, extremely low incomes, high
unemployment, the seasonal nature of employment
on many reservations, and the lack of a stable
economic base on most reservations all complicate
the problem. Additionally, the cultural, legal, and
geographic diversity of the 300-plus Indian tribes
must somehow be accomodated. At the present
time, the majority of housing assistance for
Indians must be met out of a single HUD program
initially created for use in large urban centers and
not administratively adapted for rural use.
In past years, the federal goal for HUD's
Indian Housing Program has been set at 6,000
units. However, because inadequate unit
development cost figures were used and because
inflation projections were generally overly
optimistic, the contract authority amounts
provided have rarely been sufficient to actually
build 6,000 units. A lengthy delay between
appropriation of money, allocation to the regional
offices, and construction starts have further
eroded the number of units that could be built
with available funds due to inflation.
In addition, because of HUD's financial
feasibility requirements, very small tribes cannot
participate in HUD's Indian Housing Program. The
market for units, in terms of numbers, is too
small to support the necessary IHA administrative
structure even with payment of the low-rent type
operating subsidy.
The development of a "HUD" Indian housing
project involves three federal agencies, plus the
tribal government and the Indian housing authority.
Pursuant to a tn-agency agreement, the Bureau of
Indian Affairs approves and funds access roads;
the Indian Health Services approves and funds
sewer and water facilities; and HUD funds actual
construction of the homes, streets, and other
facilities within the boundaries of the projects.
However, since the appropriations process is
different for the three agencies,there is never any
assurance that funds for water, sewer, and roads,
will all be available at the same time for any
given HUD Indian housing project. Nor is there
any assurance that agency regulations will be
complementary.
In 1980, according to the National American
Indian Housing Council, the average total
development cost for Indian housing was
approximately $62,000. This figure includes costs
of housing in Alaska and on the Navajo
reservation, where, due to extreme isolation and
climatic conditions, as well as a specialized labor
program, costs have been well above the average.
If you leave out these higher cost areas, the
national average is $57,875 per unit. While this
cost is certainly comparable to non-Indian public
housing, many tribal and Indian housing authority
officials can point to government imposed
requirements that needlessly hike the costs of
Indian housing.
A. Davis-Bacon Wage Rates
Davis-Bacon wage rate requirements imposed
on HUD-financed Indian housing are a factor
contributing to the high cost of Indian housing and
the low rate of local Indian employment on HUD
projects. Indian reservations do not generally
C?1
PAGENO="0232"
have separately established Davis-Bacon rates, and
the rates used are based on the county or
counties encompassing a given reservation. Thus,
the wage rates IHA's have to work with are
generally much higher than those actually
prevailing on the reservation. Data used to
establish rates is often outdated, from outside the
local area, and may even be based on construction
other than housing. The March 1978 GAO Report
on Indian Housing states that wage rates are often
taken from those established for the nearest
metropolitan area and increased to provide for a
travel differential.
The artifically high wage rates increased
housing costs both directly and indirectly. Delays,
which translate into higher costs, occur because
union contractors often do not operate in Indian
areas and the required higher rates make non-
union contractors reluctant to bid on Indian
projects. Some Indian housing authorities have
also encountered construction delays because there
were no rates established for their area at all.
B. Minimum Property Standards
In past years, regulations, which reflect
judgements about resale market factors and which
are generally irrelevant in a reservation setting,
have been the cause of much dissention between
HUD, the IHAs and the tribes. Examples of
insensitive and senseless minimum property
standards (MPS) or HUD design requirements
regarding Indian housing abound. For instance,
adobe has been used for housing by the Pueblo
Indians for hundreds of years and in the Southwest
it is used extensively in housing built for the
private market. BUD, however, refuses to allow
it in Indian housing unless additional insulation and
metal supports are added, driving the cost beyond
the reach of the program.
In Alaska, Wyoming, and elsewhere, log homes
have been traditionally in wide use by Indians and
non-Indians alike. Until 1980, BUD did not allow
IHAs to build log homes despite engineering
studies showing that they were as energy efficient
as conventional frame construction. In a remote
Alaska Native village, where no one owned a car
and where the permafrost made it impossible to
maintain a road, BUD and the BIA required the
IHA to include streets in a housing project.
In the Indian housing regulations issued in
November 1979, HUD now states that MPS "shall
be taken into account, but shall not be
controlling." Additionally, the regulations make
mandatory attention to maximum economy in
energy consumption and encourage the use of
alternative energy sources. It is hoped that these
changes in property and design standards will
allow housing based on the cultural preferences of
the various tribes, and will result in reduced
maintenance costs and reduced operating costs by
encouraging energy efficiency and the use of
indigenous fuels.
C. Comprehensive Planning
The current HUD program lacks meaningful
local control and does not respond to local
initiative. On most reservations it is probably
fair to say that housing is built at irregular
intervals, depending on fund availability and the
decisions of distant agencies. Comprehensive
community development planning is rare, and when
it is done, it can serve little useful purpose
without the means to carry such plans into effect.
PAGENO="0233"
227
PAGENO="0234"
In addition, 701 planning funds for Indian tribes
have been so meager that many tribes are denied
the means to carry out any planning activities at
all.
Ideally, tribes without sufficient resources of
their own should receive planning grants to
conduct comprehensive housing inventories, to
assess housing needs, to project for population and
family increases, and to develop an over-all plan
encompassing housing assistance, com munity
development, and land use plans.
3. The Future?
The Reagan Administration proposes to dispose
of the Indian housing program altogether on
grounds of expense and fiscal austerity. There is
no question that the development of housing, any
housing, is expensive. However, it would seem
that the policy questions that the federal
government should address insofar as Indian
housing costs are concerned are along these lines:
Is it more expensive to provide
housing assistance up front or withhold
it and pay it out later in health care,
social services, courts, prisons, alcohol
and drug treatment centers, mental
health clinics, foster care and welfare
payments?
What is the cost to Indian tribes and
American society, in turn of the
needless loss of potentially productive,
useful citizens whose potential went
underdeveloped because of death,
illness and other problems associated
with bad housing?
To illustrate, take the ease of Joe B., an
Indian male, age 35. Joe was a bright kid, a
good athlete and a reasonably good student until
high school. He and five brothers and sisters
were raised in a two-room log house, kitchen and
sleeping room, without electricity. The school bus
picked him up at 7:15 a.m. and brought him home
at 4:15 p.m. High school brought more pressure
to study outside of class than had elementary and
junior high school. During the winter it was dark
when he left and dark when he returned home.
Crowding, noise, and lack of light made studying
impossible. His grades slipped. At 16 he dropped
out of school. He couldn't get a job and began
drinking. One night he got in a ear accident and
underwent two operations. He spent three weeks
in the hospital. Later he got in trouble with the
law and spent a year in a juvenile detention
center. At age 19, he got married and had a
child. They lived with his wife's family. He still
couldn't get a job. He broke the law again while
drinking and spent 3-1/2 years in prison. His wife
and child received AFDC, food stamps and other
benefits during this period at a cost of about $500
per month. It costs around $10,000 a year to
keep a man in prison in his state.
He is out on parole now and things are a
little better but not good. It remains to be seen
what next may happen to him and his family.
Altogether, the state and federal governments
spent about $70,000 for his health care, imprison-
ment and care of his family. How much was lost
in taxes he didn't pay and contributions he didn't
make to society can only be guessed. Would
decent housing really have made a difference in
his life? Such questions are difficult to answer,
but ... probably.
PAGENO="0235"
Where it has been available, decent housing
has enabled Indian tribes to keep talented and
educated tribal members at home where their
skills are sorely needed. Teachers, health pro-
fessi onals, administrators, accountants, and others
are remaining with their tribal groups rather than
leaving for cities and other off-reservation areas
for lack of decent housing at home.
Discrimination, distrust and lack of adequate
income for urban Indians means a continued denial
of opportunities for decent housing. Lacking
knowledge of the urban "system," very few Indians
seek or receive whatever housing assistance may
be available on the "outside," while most on
reservations wait and wait and wait....
PAGENO="0236"
/ ~ I/I
I k ir4i
~,//
/ ~ /P~i~eoj~~
*Riq1~ now wr have a family, a young woman with three children. She
1 1. to ra ii y ha/I no p1 ace to go, no she a 1.1 v I ng in a car . Now , if we
ii ave a 1 a r a h w a to r , I ci C) n * t k now wh a 1: a go I nq to happen to them.
I) rod or , 1~oC: t LIe knap Poser vat ion Hous inq Author I ty , Montana,
PAGENO="0237"
Citizens Hearings on Indian
Housing
Billings, Montana
May 13, 1981
Sponsor:
Montana Inter-Tribal Policy Board
Panel Members:
Conway, James, Attorney, Havre, Montana
Emil, Shelly, Field Representative for U.S.
Representative Pat Williams, Missoula,
Montana
Spencer, Virginia, Housing Assistance
Council, Washington, D.C.
Stephenson, Evelyn, Attorney, Flathead and
Kootenai Tribes
Witnesses:
Beaumont, Phillip
Bunch, Steven, Attorney, Helena, Montana
Clark, Colleen, Juvenile Officer, Tribal
Court, Fort Peck Indian Reservation
Farrell, Rick, Executive Director, Salish &
Kootenai Housing Authority
Grant, Sandra, Member, Crow Tribe
Gray Horn, Beverly, Billings Area Office,
BIA
Howard, Dallas, Executive Director, Fort
Belknap Indian Housing Authority
Mottinger, Steve, Attorney, Wolf Point,
Montana
Old Coyote, Lloyd, Member Crow Tribe
Porter, Lila, Court Administrator, Blackfe et
Tribal Court
Rock Roads, Jr., Tom, Member Northern
Cheyenne Tribe
Round Face, Tommy, Member, Crow Tribe
Small, Clayton, Montana Inter-Tribal Policy
Board
Sloan, Gary, Confederated Salish & Rootenai
Tribes
Standing Rock, Duncan, Rocky Boy Reserva-
tion
Todd, Elliot, Director, Fort Peck Housing
Authority
Toews, Virginia, Executive Director,
Northern Cheyenne Housing Authority
Wippert, George, Member, Blackfeet Tribe,
Browning, Montana
PAGENO="0238"
Treuer, Peggy, Attorney, Bemidji, Minnesota
Midwest Regional Hearing on Indian Housing
University of Wisconsin, Stevens Point
University Center Building
May 20, 1981
Association of Michigan, Minnesota & Wisconsin
Housing Authorities; Inter-Tribal Council of
Michigan, Inc.; Michigan Commission on Indian
Affairs; and the Minnesota Sioux Tribes
Panelists:
Ferch, Ken, Projects Assistant for Senator
Bob Kasten, Wisconsin
Hock, Sue, Caseworker for U.S. Representa-
tive Steve Gunderson, Wisconsin
Jacobs, Leon, Director of Office of Indian
Programs, HUD, Chicago, Illinois
Miller, Diana, Chairperson of Governor's
Indian Advisory Council; also representing
Anita Herrera, Advisor for Minority/Ethnic
Initiatives for Governor Dryfus, Wisconsin
Pattison, Thomas, Home Secretary for U.S.
Senator William Proxmire, Wisconsin
Polinski, Sandy, District Liaison for U.S.
Representative Dave Obey, Wisconsin
Sm yth, K el, Regional Representative/Upper
Peninsula for U.S. Senator Carl Levin,
Michigan
Witnesses:
Allson, Tom, Commissioner, Lac du Flambeau
Housiirig Commission
Burtt, Barry, Bay Mills Tribal Center,
Brimley, Michigan
Cameron, Carl, Inter-Tribal Council of
Michigan, Inc.
Crooks, Edith, Chairperson, Minnesota/Dakota
Indian Housing Authority
Day, Alberta, Chairperson of the Board of
Neesh-la Inc., Wisconsin Dells
Lowe, C hloris, Executive Director, llochunk
Housing Authority
McCullough, Gloria, llannahville Indian
Community, Wilson, Michigan
O'Brian, Bill, Wisconsin Winnebago Tribal
Member
Range, Edward, Housing Management
Specialist, BIA Regional Office, Ashland,
Wisconsin
Skenandore, Artley, Executive Director,
Little Earth of United Tribes, Minneapolis
Housing and Redevelopment Authority
PAGENO="0239"
00
0
Citizens Hearings on California
Indian Housing Need
Redding, California
June 11, 1981
~p~sor: Housing Action League
Panel Members:
Herrea, Vince, Executive Director, Local
Indians for Education
Mitchell, Mike, Director of Self Help
Improvement Project
Solinas, Sal, Assistant Chief, Rural Housing,
State of California Department of Housing
and Community Development
Witnesses:
Jenkins, Laverna, Chairperson, Hut Creek
Development Association
Martinez, Ted, Shasta County, California
McNeal, Betty, Karok Tribe
Montoya, Art
Shelley, Pat, Native American Affairs
Coordinator, California Indian Assistance
Program, California State Department of
Housing and Community Development
Thom, Charles, Alcohol and Drug Counselor,
Karok Tribe
Timmons, Mary, Shasta County, California
Titus, Terry, Housing Coordinator, Karok
Tribe
Southwest Regional Citizen's Hearings on
Indian Housing
Gallup, New Mexico
June 29-30, 1981
Sponsor:
Southwest Indian Housing Authorities Association
Panelists:
Moyah, Courtney, Director for Gila River
Housing Authority and President of SWIHAA,
SW Indian Housing Authorities Association
Spencer, Virginia, Housing Assistance
Council, Washington, D.C.
Witnesses & Participants:
Abeyta, Gloria, San Juan Pueblo
Apkaw, Eugenia, Gila River Indian Reserva-
tion
PAGENO="0240"
Callado, Mary, Pueblo of Acoma, Health
Center
Cata, John, Department of Housing & Urban
Development, Albuquerque
Chino, Julian, All Indian Pueblo Housing
Authority
Davis, Dixie, Fort McDowell Housing
Authority
Davis, Valerie, Pine Springs Boarding School,
Window Rock
Dixon, Joan, Gila River Indian Reservation
Garskof, Tina, Legal Ass't, Pinal & Gila
Counties Legal Aid
Harvey, Maylene, Navajo, Chinle, Arizona
Hoyema, Randa, Attorney, Four Rivers Indian
Legal Services
Johnson, Betty, Gila Indian Housing
Authority
Paytiamo, Stanley, Director, Health & Social
Services Division, Pueblo of Acoma
Petoskey, John, Attorney, Indian Pueblo
Legal Services
Romero, Wilson, All Indian Pueblo Indian
Housing Authority
Shorten, Lucille, San Carlos
Tenorio, Frank, Secretary-Treasurer, All
Indian Pueblo Council, Pueblo of San Felipe
Thomas, Marie, Salt River Indian Reservation
Veneno, Georgia, Jicarillo-Apache Reserva-
tion
Citizens Hearings on Eastern Indinn Housing
Mystic, Connecticut
July 31, 1981
Sponsor:
Association of Eastern Indian Housing Authorities
Panel Members:
Block, John, National Rural Housing Coalition
Enders, Keith, Indian Housing Service,
Nashville, Tennessee
Jacobs, Leon, Director, Office of Indian
Programs, BUD, Chicago, Illinois
Pearson, Bill, Director, Office of Environ-
mental Health, IHS, Rockville, Maryland
Spencer, Virginia, Housing Assistance
Council, Washington, D.C.
PAGENO="0241"
Snyder, Barry, President, Seneca Nation of
Indians
White, Lucille, Chairperson, Seneca Nation,
Housing Authority
Witnesses & Participants:
Atfield, Sr., Francis, Passamoquoddy Tribe
Ballas, Jim, Seneca Nation Housing Authority
Burk, John, Executive Director, New York
State Rural Housing Authority
Codwalder, Sandy, Director, Indian Rights
Association, Philadelphia, Pennsylvania
Cook, Carl, Director of Housing, St. Regis
Mohawk, Revine, New York
Lamb, Trudy, Schaghticoke Tribe, Long
Island, New York
Martin, Philip, Chief, Mississippi Band of
Choctaw Indians, Philadelphia, Mississippi
Mitchell, Richard, Pennobscot Tribe, Maine
Osceola, Eloise, Seminole Tribal Housing
Authority, Florida
Tsosie, Phil, Director of Field Services,
BUD, Chicago, Illinois
White, Lucille, Chairperson, Seneca Nation
Housing Authority
Irving, New York
August 27, 1981
Sponsors:
Seneca Nation of Indians, Seneca Nation Housing
Authority
Panel Members:
Barton, Boyd, Director of Housing, BUD,
Buffalo, New York
Bly, Frank, District Director, Farmers Home
Administration, Salamanca, New York
Duggan, Judy, Field Representative,
Neighborhood Re-investment Corp.,
Cattaraugus County
Goldman, Jay, Representing Commissioner
Richard A. Berman, Counsel State Division of
Housing, New York City, New York
Sagar, Dean, Legislative Assistant to Repre-
sentative Stanley Lundine
Snyder, Barry E., President, Seneca Nation
of Indians
Spencer, Virginia, Housing Assistance
Council, Washington, D.C.
Hearing on Housing Needs of Indians
in New York State
PAGENO="0242"
Tsosie, Phil, Director of Field Services,
Chicago Regional Office of Indian Programs
Witnesset:
Angus, Sherry, North American Indian Club
(NAIC), Syracuse, New York
Breidinger, Bill, Departmcnt of State, New
York
Burk, John, New York State Rural Housing
Coalition
Cook, Carl, Director of Housing, St. Regis
Mohawk's Regional & Tribal Council
Doctor, Ginny, Executive Director, HAIC,
Syracuse, New York
Patterson, Elma, Department of Social
Services, New York State, Member of
Tuscarora Tribe
Smith, Marguerite, Shinnecock Indian, Long
Island, New York
White, Lucille, Chairperson, Seneca Nation
Flousing Authority
Written Testimony was submitted by Sandra
Codwalder, Executive Director, Indian Rights
Association, Philadelphia, Pennsylvania, and
Gregory Frazier, Executive Director, National
Urban Indian Council, Denver, Colorado, on the
housing needs of urban Indians.
PAGENO="0243"
Selected Bibliography on Indian Housing
Indian Housing Roles: Bureau of Indian
Affairs, Indian Health Service, Report by
Housing Assistance Council, Inc., 1975, 1025
Vermont Ave., N.W., Washington, D.C. 20036.
Substandard Indian Housing Increases Despite
Federal Efforts -- A Change is Needed,
General Accounting Office, Report to Congress,
March 31, 1978.
The Indian Housing Effort in the United
States, Report of the American Indian Policy
Review Commission, Appendix III, 1976.
Indian Housing: 1961-1971, A Decade of Con-
tinuing Crisis, Steinberg and Bishop, N.D. Law
Review, Vol. 48, No. 4, Summer, 1972.
Report on Indian Housing, U.S. Senate Select
Committee on Indian Affairs, GAO, 1979.
Hearings on Indian Housing, U.S. Senate Com-
mittee on Banking, Housing and Urban Affairs,
Subcommittee on Rural Housing and Development,
April 1, 1980, 96th Cong., 2d Sess.
Indian Housing Improvement Program, Rucker
Research Report 5, Rural America, Washington,
D.C. 20036.
Indian Housing in the U.S., A Staff Report on
the Indian Housing Effort in the U.S. With
Selected Appendixes, Committee on Interior and
Insular Affairs, U.S. Senate, 94th Cong., 1st Sess.,
Feb. 1975.
Indian and Alaska Native Housing Programs,
Hearings Before the Subcommittee on Housing and
Community Development of the Committee on
Banking, Finance and Urban Affairs, H.R. 96th
Cong., 2d Sess., February 20-21, 1980.
PAGENO="0244"
APPENDIX II
WEDNESDAY, APRIL 14, 1982
ADDITIONAL MATERIAL SUBMITTED FOR THE HEARING RECORD
H.R. 5988
Statement of Harriet Toro
Representative of Papago Tribe of Arizona
Before the
House Interior Committee
April 14, 1982
Mr. Chairman, my name is Harriet Toro, a member of the Papago Coun-
cil, who has been delegated as the official representative to speak
on behalf of the Papago Tribe at these hearings on the Indian Housing
Bill of 1982.
This Bill is to provide for an Indian Housing Program for construction
and financing of housing for Indians and for other purposes.
We would not like to take a position for or against the bill at this
point, although we endorse the concept of the bill. We cannot en-
dorse the total bill until further clarification is obtained on
certain sections.
One concern is whether or not the Bureau can manage a Housing Program
along with its other duties, and will it be handled like all other
638 contracts and their hangups in paperwork? Mr. Chairman, the
Papago Tribe has experienced numerous obstacle~B and barriers set up
by the BIA that sometimes make it almost impossible to operate under
or complete our 638 contracts.
Also, considerapion should be given to the fact that many tribes do
not relate well to the BIA.
Although there are some questions on specifics on all three titles,
Title II poses the biggest question from our Tribe and many others.
(238)
PAGENO="0245"
239
We are asking for more clarification on the extent of a tribe's com-
mitment of their Trust monies. The objection to this section is
almost unanimous.
Also, could there be clarification on what happens to tribal land if
a family or tribe defaults on any contract.
Many tribes also feel that this bill infringes on its Tribal Sovereign-
ty. More clarification would be helpful.
Mr. Chairman, we agree on the concept of this bill, but there are
some requests that we feel should be made:
1. The 4,000 units that were allocated and now face a possibility of
being rescinded be given to Indian Housing for 1982.
2. That Housing be kept under H.tJ.D. with modifications.
3. That support be given to this bill if H.U.D. does pull out of
Indian Housing.
4. That the record remain open for at least thirty days to enable
the Papago Tribe time to file additional written comments in
regard to H.R. 5988.
Thank you,
Harr' t Toro
PAGENO="0246"
240
PAS~UA*
YAQUI~.
TRIBE
it~Ii~JIi
SUBMITTED BY ANSELMO VALENCIA
DIRECTOR
ADMINISTRATION FOR NATIVE AMERICANS
(ANA)
APRIL 14., 1982
4821 West Calle Vican~ - Tucson,ArizOfla 85706 - Phones (602)883-2838
PAGENO="0247"
241
TO PROVIDE A BRIEF ADDITION TO MY PREVIOUS STATEMENT
REGARDING HUD HOUSING FUNDS (ATTACHMENT I).
SINCE THE STATEMENT WAS SUBMITTED THIS TRIBE COMPLETED
NEGOTIATIONS FOR 60 MORE HOUSES, AS OF THIS DATE, THERE ARE
CURRENTLY 193 FAMILIES SEEKING HOMES THROUGH THE PASCUA
YAQUI HOUSING AUTHORITY. OF THOSE FAMILIES 158 ARE LOW
INCOME, 25 ARE MIDDLE INCOMES AND 10 ARE HIGH INCOME. TO
DATE WE HAVE 148 FAMILIES IN RENTALS AND 12 ELDERLY PEOPLE
IN PROJECT AZ 40-1 AND 60 FAMILIES GOING INTO THE MUTUAL-
HELP HOUSES IN PROJECT AZ 140-2, PROJECT AZ 40-3 WILL HOUSE
35 FAMILIES) HOWEVER, THOSE HOUSES WON'T BE CONSTRUCTED
FOR ANOTHER 8 - 12 MONTHS. HOUSING APPLICATIONS HAVE BEEN
RECEIVED ON THE AVERAGE OF TWO A DAY BY THE HOUSING AUTHORITY.
THERE IS A TREMENDOUS NEED FOR MORE HOUSING AT THE NEW PASCUA
VILLAGE. BECAUSE OF THE FAMILIES LOW INCOME, COUPLED WITH
THE PROBLEMS OF THE LAND STATUS, LOANS FROM LEI4DING INSTITUTIONS
ARE OUT OF THE QUESTION. THEREFORE, THE ONLY HOMES AVAILABLE
FOR THESE PEOPLE WILL BE FROM THE HOUSING AUTHORITY (HUD) OR
BY TRIBAL MEANS (HIP BLOCK GRANTS, ETC.)
INDIAN PEOPLE SHOULD BE GIVEN AN OPPORTUNITY TO BUILD
THEIR HOMES WITHIN THE RESERVATION CONSISTENT WITH THEIR OWN
TRADITIONAL STYLE OF LIVING. TRADITIONAL HOMES CAN BE BUILD
WITH MODERN FACILITIES) MOST TRIBES HAVE HOUSING IMPROVEMENT
PROGRAMS (HIP) WHICH CAN BE VERY SUCCESSFUL WHEN PROVIDED WITH
A GOOD BOOKKEEPING SYSTEM.
PAGENO="0248"
242
THIS TRIBE HAS BUILD THREE COMPLETE HOUSES FOR AN
AVERAGE COST OF $29000. ATTACHMENT II ARE THE ITEMIZED
TABULATION OF MATERIAL AND LABOR COST OF THE THREE HIP
HOUSES BUILD COMPARED TO THE 60 UNITS BUILD IN THIS RE-
SERVATION WITH HUD FUNDING IN 1981 WHOSE AVERAGE COST WAS
APPROXIMATELY $60,00 PER UNIT. THIS RESERVATION WILL COM-
MENCE BUILDING 60 MORE UNITS FOR A COST OF $56,000 + AT
A LABOR COST OF $17,733 PER UNIT.
THE HIP BUILD HOUSES HAVE AN INSULATION OF APPROXIMATELY
R-3O VALUE AND HAVE TAKEN ABOUT 70 DAYS FROM START TO
COMPLETIONS
INDIAN TRIBES WHO HAVE NATURAL RESOURCES (LUMBER, SAND,
ETC,) IN THEIR RESERVATION COULD WELL BE ABLE TO CUT DOWN THE
COST OF MATERIAL USING THEIR OWN MATERIAL.
DIRECT, SELF-HELP, MUTUAL HELP AND/OR INDIAN HIP PROGRAMS
WOULD IN ALL PROBABILITY DELETE HUD INDIAN HOUSING AUTHORITIES
THEREBY SAVING AN APPROXIMATE $814,000 WHICH COULD FINANCE AT
LEAST THREE MORE UNITS PER YEAR UNDER THE MUTUAL, SELF-HELP
OR HIP PROGRAM. THIS PROGRAM CAN BENEFIT ALL INDIAN TRIBAL
HOUSING PROGRAMS.
THANK YOU SIN2E~LY,
ANSELMO VALENCIA
AMA DIRECTOR
PASCUA YAQUI TRIBE
PAGENO="0249"
243
PASCUA
YAQUI
TRIBE
ATTACHMENT I
HUD HOUSING FUNDS
GREAT CONCERN IS BEING FELT BY THE YAQUI TRIBE OF TUCSON,
HUD HAS FUNDED ~8 RENTAL HOMES IN THE YAOUI RESERVATION, THE
FUNDING, OF COURSE, CAME AT A TIME WHEN IT WAS MOST NEEDED,
THE CONCERN IS FOR THE FUTURE OWNERSHIP HOUSING UNDER
THE PROPOSED HUD FUNDING, THE HIGH UNEMPLOYMENT SITUATION
IN THE YAQUI RESERVATION AND THE DESIRE OF THE LEADERS OF THE
TRIBE TO AVOID HIGH HOUSE PAYMENTS FOR THE FAMILIES THAT MAY
QUALITY FOR SUCH HOUSING HAS BEEN TAKEN INTO CONSIDERATION
IN PREPARING THIS PRESENTATION,
- UNEMPLOYMENT IN THIS RESERVATION IS AT A
HIGH OF 37% AT THIS TIME AND THE INCOME PER
CAPITAL IS LESS THAN $1,500.
- THE AVERAGE FOUR BEDROOM HOUSE IS APPROXIMATELY
$E01000
- PAYMENTS ARE DUE ACCORDING TO FAMILY INCOME,
THAT IS DUE PROCESS,
PAGENO="0250"
244
THE PASCUA YAQUI TRIBE IS IN THE PROCESS OF STARTING
AN ADOBE MANUFACTURING YARD NOW THAT PIMA COUNTY IN ARIZONA
HAS CODES.
THE ADOBE MANUFACTURED BY THE YAQUI TRIBE WILL BE USED
TO BUILD FUTURE HOMES FOR THOSE THAT WILL NEED HOUSING IN
THE RESERVATION. A COMPLETE FEASIBILITY STUDY ON ADOBE YARDJ
TECHNICAL, MANAGEMENT, AND MARKETING STUDY IS BEING CONDUCTED
NOW. THE PLAN IS TO BUILD HOUSES ON A SELF-HELP BASIS WHEREAS
INTERESTED FAMILIES MAY WORK WITH EACH OTHER MAKING THE ADOBES
AND BUILDING THEIR OWN HOUSES, THUS SEEKING FUNDS FROM HUD,
FHA, OR OTHER AGENCIES FOR ESSENTIAL MATERIALS ONLY, ELIMINATING
CONSTRUCTION CONTRACTOR FEES AND PROFITS.
THE SOUTHWEST INDIANS HAVE LIVED IN SUN-BAKED ADOBES FOR
HUNDRED OF YEARS IN THE TUCSON AREA. THERE ARE SUN-BAKED ADOBE
HOUSES WELL OVER ONE HUNDRED YEARS OLD THAT ARE STILL INHABITED.
THE YAQUI ADOBE HOUSING WOULD BE INSULATED ONLY IN THE
CEILING AND INTERIOR WALLS AND IT WOULD DELETE THE OUTER WALL
SYTROFOAM INSULATION. IT IS THE DESIRE OF THE SOUTHWEST INDIAN
TRIBES TO LIVE IN SELF-BUILD ADOBE HOMES WITH MODERN HEATING AND
COOLING CONVENIENCES. SUCH ADOBE HOUSES WOULD NOT NEED THE ADDED
COST OF INSULATION ON THE EXTERIOR WALLS. THE YAQUI TRIBE WOULD
BUILD A MODEL HOUSE FOR INSPECTION.
TWO FRAME HOUSES HAVE BEEN BUILD IN THE YAQUI RESERVATION
BY OUR OWN CONSTRUCTION CREW AT THE COST OF APPROXIMATELY $26,000.
FRAME HOUSES HAVE A GREATER FIRE HAZARD THAN ADOBE HOUSES.
PAGENO="0251"
245
THE TRIBE BELIEVES THAT THROUGH SELF-HELP HOUSING,
THE COST OF A FOUR BEDROOM HOUSE COULD BE BROUGHT DOWN TO
APPROXIMATELY $22,000. THE TRIBE IS ALSO TRYING TO GET
AWAY FROM THE CONVENTIONAL BUILDING AND GO INTO THE PUEBLO
ARCHITECTURE.
TEST ADOBES HAVE BEEN MADE WITH THE SOIL IN THIS
RESERVATION AND WERE TESTED AT THE UNIVERSITY OF ARIZONA AND
SURPASSED THE HUD REQUIREMENTS OF 300 PSI BY TESTING TO 480
PSI AND 930 PSI. SOUTHWESTERN ARIZONA IS A SEMI-ARID CLIMATE
AND IDEAL FOR ADOBE STURCTURES.
THEREFORE, DIRECT FUNDING TO THE TRIBE FOR SELF OR MUTUAL
HELP HOUSING IS SOUGHT.
I AM AVAILABLE FOR FURTHER DISCUSSION ON THIS SUBJECT.
ANSELMO VALENCIA
DIRECTOR
PASCUA YAQUI TRIBE
NOVEMBER, 1981
PAGENO="0252"
246
ATTACHMENT II
HOUSING IMPROVEMENT PROGRAM
SUB-CONTRACTORS TOTAL
A&A Concrete 3,200.00
Eagle extermination 150.00
New Pueblo Electric 1,810.00
Independent Roofing Co. 994.50
Prestion Insulation Service, Inc. 582.40
Antonick Drywall Co. Inc. 1,575.00
Moreno Bros. Plastering Inc. 2,488.00
Ortiz Painting Contractor 1,250.00
Vasquez Cabinet Shop 1,960.00
Fiesta Floor Covering Center Inc. 1,259.85
Pima Sheet Metal 1,784.00
TOTAL $ 17~O53..75
VENDORS
Lumber Country 239.28
Lumber Country 3,958.95
San Xavier Rock & Material 4621
Lumber Country 210.76
San Xavier Rock & Material 56.81
D & S Construction & Supply 292.75
Astro Blueprint co. , Inc. 11.12
Tucson Sand & soil 135.20
Lous Plumbing 255.42
K-Mart 20.31
Mountain Bell 3.13
J.B. Enterprises 9~QQ.
TOTAL 6.57116
MISC. 2,362.41
TOTAL $ 25,987.32
MAN HOURS 3,204.00
$ 29,191.32
TOTAL
PAGENO="0253"
A & A CONCRETE
PIMA SHEET METAL
NEW PUEBLO ELECTRIC
INDEPENDENT ROOFING
PIMA INSULATION
ANTONICK DRYWALL
VASQUEZ CABINETS
RUDY ORTIZ PAINTING
FIESTA FLOOR COVERING
MORENO BROS. PLASTERING
LUMBER COUNTRY
LUMBER COUNTRY
SAN XAVIER SAND & GRAVEL
LUMBER COUNTRY
LUMBER COUNTRY
ORCO
LOU'S PLUMBING
O & S CONSTRUCTION
J.B. ENTERPRISES
MOUNTAIN BELL
P .0 . .4
2055
1034
1252
1203
1205
1227
1117
1364
1420
1257
P.O.
1127
2045
2114
1169
2127
1014
1021
2113
TOTAL
3,200.00
1,820.00
1,712.50
1 210 00
993.00
1,575.00
1,915.00
1 300 .00
1,259.85
2,488.00
17,473.35
TOTAL
106 . 49
2,842.83
258.38
1 , 155 . 46
347. 69
168.62
570 . 87
206.76
1 015. 90
3. 13
$6,675. 23
2,414.85
TOTAL $26,563.43
3,204.00
TOTAL 29,767.43
247
SUB - CONTRACTORS
VENDOR
VENDOR
TOTAL
TOTAL
MISC.
MAN HOURS
PAGENO="0254"
248
SUB-CONTRACTORS
New Pueblo Electric
Pima Sheet Metal
Vasquez Cabinets
Calistro Estrella
TOTAL
1,765.00
1,600.00
1,590.00
60.00
TOTAL $ 5,015.00
VENDOR
P .0
1311
1339
1422
1918
VENDORS
VENDOR
Naughton Plumbing
1152
2148
15.61
375.44
San Xavier
1,372.93
Lumber Country
1167
239.20
Action Euipment
1183
237.68
Dorway Inc.
1155
176.39
San Xavier
289.44
San Xavier
1154
55.88
Smith Pipe & steel
.
1183
1219
152.64
San Xavier Rock
178.22
Lumber Country
D & S Construction
Supply
1309
1242
1253
275.75
42.61
Smith Pipe & Steel
True Value
1197
41.56
406.79
12TH Ave Rental
1156
127.64
True Value
1344
87.45
12TH Ave Rental
1338
26.12
True Value
1377
242.52
Sherwin Williams
1316
.
252.16
True Value
1425
1,300.41
Lumber Country
1426
1459
450.00
Pima Insulation
175.60
Orco Const. Supply
J.B. Enterprises
Sherwin Williams
1418
1362
1377
970.00
122.67
26.12
True Value
1317
190.13
Lumber Country
True Value
1363
1911
56.74
66.72
Tucson Electric
1901
TOTAL
7,954.42
MISC.
1,296.94
MAN HOURS
9,712.00
TOTAL
18,963.36
PAGENO="0255"
WKLY RATE
NO. JOB DISCRIPTION HRLY RATE DLY RATE WKLY RATE
x 3 WEEKS
FOREMAN
PLUMBER
LABORER II
LABORER II
LABORER I
LABORER I
1
1
6.00
5. 00
4. 10
4. 10
3. 75
3.75
TOTAL HOURS
48.00
40.00
32 . 80
32. 80
30.00
30. 00
240.00
200.00
164. 00
164.00
150. 00
150. 00
720.00
600.00
492.00
492.00
450.00
450.00
120.00
120.00
120.00
120.00
120.00
120.00
$3,204.00 720 HOURS
PAGENO="0256"
250
~~INTER TRIBAL Co UN~IL~K~
ARIZONA
Comments on
`Indian Housing Act of 1982
Prepared for
The Interior and Insular Affairs Committee
U. S. House of Representatives
April lII, 1982
Tucson, Arizona
124 WEST THOMAS ROAD * SUITE 301 * PHOENIX. ARIZONA 85013 * (602) 248-0072
PAGENO="0257"
251
Comments on
"Indian Housing Act of 1982"
The Indian Housing Act of 1982 is an attempt to address serious problems
of federal Indian housing policy. The proposed bill would:
- Establish formal statutory authority for Bureau of Indian Affairs
programs in Indian housing;
- Formalize the BIA's Housing Improvement Program;
- Create in the BIA an Indian Housing Finance Fund;
- Establish an Indian Housing Loan Guarantee Fund.
Positive Features of the Bill
The proposed bill has several positive features. These include:
- A clear and strong role for Indian tribal governments in overseeing
Indian housing efforts on Indian lands;
- Housing standards that can be appropriately applied to the cultural
traditions as well as the economic needs of the tribes;
- Housing programs that can be utilized by both very low-income families
and middle and higher income families.
Concerns with the Bill
There are several serious concerns with the bill in its current draft
that need to be addressed. The major concern is the potential endangerment
to tribal trust funds and ultimately, the potential for endangering the trust
status of Indian lands. These concerns, and suggestions for resolving them
are discussed below.
1. Trust Funds
Section 205 of the bill provides that:
Notwithstanding any other provision of law, the
Secretary is hereby empowered, as provided in this
section, to attach any obligated or unobligated
funds held by the United States in trust for the
benefit of any Indian or Indian tribe.
This provision has the potential to cause serious problems for Indian
tribal governments. Under this provision, Indian tribes would risk losing
their trust funds if housing payments are not made by individual Indians and
the housing Agency is unable to make quarterly payments into the Indian
Housing Finance Fund.
This Section would subject tribal governments to consequences that are
not applied to any other public housing authority in the United States. When
non-Indian individuals do not make their payments to `public housing authorities,
and those authorities do not make their payments, the federal governments does
not confiscate the financial assets of corresponding city, county or other
local governments.
PAGENO="0258"
252
The potential threat of attaching obligated trust funds removes the
security for tribal governments to enter into contracts for programs financed
with trust funds, including economic development efforts. If obligated trust
funds are attached, then the tribe would be unable to meet its obligations to
contractors. If there is the threat of attaching obligated trust funds, con-
tractors would be reluctant to enter into agreements with tribal governments.
If individuals fail to make their housing payments, thus making it hard
for tribal housing programs to make their quarterly payments, then the trust
fudns of the tribe can be attached. Therefore, the individual defaults, but
the entire tribe must pay for his or her failure.
Only tribes that have trust funds are subject to this provision. There
are no enforcement provisions for those tribes that have no trust fund assets.
Thus this provision unfairly discriminates against tribes with trust funds.
The concept of attaching tribal trust funds fails to recognize that
different tribes have different economic situations. There are alternative
methods for providing financial security which should be considered. These
include:
- Establishment of a "Default Fund" made up of a percentage of
collections from all tribal programs;
- Individual surcharges within tribes to cover the costs of those
who fail to make payments;
- Require mortgage insurance;
- Denial of further housing assistance to tribes that default.
These and other possible alternatives would provide the financial security
sought by the federal government without risking the loss of tribal trust
funds.
Reasonable approaches to addressing the question of tribal housing
financial management need to be explored. This bill has the potential for
including provisions for improving tribal housing management.
This bill allows for a role for tribal governments in overseeing tribal
housing efforts. The relationship between tribal governments and the housing
programs needs to be strengthened. There is a need for coordination between
housing and other tribal efforts including human services and economic develop-
ment. There is also a need for stronger coordination between Indian housing
programs and the judicial and legislative structures of Indian tribes.
This bill allows for one percent of the total funds appropriated under
Title I and Title II to be used for training and technical assistance. This
resource should be used to provide housing management technical assistance to
tribal governments. This technical assistance should be designed around the
needs of the tribal governments.
Section 203(c) requires that the tribe include in its application for
assistance under Title II a tribal ordinance designating or establishing a
Tribal Housing Agency. This ordinance, in practice, should be a comprehensive
tribal housing ordinance. The tribal housing ordinance should include a
PAGENO="0259"
253
statement of tribal housing policy, tribal housing standards, eligibility for
participation in tribal housing programs, penalties for failure to meet obli-
gations, foreclosure procedures, and tribal enforcement procedures.
2. Trust Lands
Another concern with the bill is the provision for sale of trust lands
by the Secretary in Section 103. This Section provides that the Secretary
may sell a house constructed or acquired with Housing Improvement Program
funds, along with the land upon which it sits, if:
1) HIP funds, minus 10% per year, are reimbursed to the federal
government, and
2) The tribe has been given the opportunity to buy the house.
This presents a danger for~tribal trust lands. Say thirty houses are
built with HIP funds, and for some reason, the Secretary decides to sell those
houses. The tribe cannot purchase the thirty houses, so they are sold to
someone else, along with the land. The tribe ends up losing part of its
lands.
This problem could be resolved if the word "land" in the second instance
in Section 103 is changed to the word "house". Another solution would be to
strike the words "sale or".
Other Concerns
There are other technical questions on the bill that need to be addressed
in detail. The two concerns discussed above -- Trust Funds and Trust Lands --
seem to be the most serious problems with the bill in its current draft.
These preliminary comments have arisen in discussion with elected tribal
officials -and--indian -housing--peraonnel.~ --- - - --------- - --------- - - - - - -
Inter Tribal Council of Arizona reserves formal statement on the bill
until the membership has had an opportunity to further study the bill.
PAGENO="0260"
254
ALL INDIAN PUEBLO COUNCIL
msrno~~
OF
DELFIN J. LOVAID, IRMAN
APRIL 14, 1982
H.R. 5988
Mr. Q~airaxan and urairbers of the House Ccnmittee on Interior and Insular Affairs,
ray naire is Deif in Lovato, I am Chairman of the All Indian Pueblo Council which is
composed of the Pueblos of: Acana, Cochiti, Isleta, Jmrez, Laguna, Nanbe, Picuris,
Pjjoaque, San Felipe, Sandia, San Ildefonso, Santa Ana, San Juan, Santa Clara, Santo
Djmingo, Taos, Tesuque, Zia, and Zuni.
I am accaspanied by: Mr. Den Montoya, Director of the Laguna Pueblo Housing
Authority; Mr. Salarrnn Garcia, Director of the All Indian Pueblo Housing Authority;
and, Mr. David Perez, Director of the Northern Pueblos Housing Authority. Also,
Governor Gilbert Pena of Nairbe Pueblo is present. With the exception of Zuni Pueblo,
these gentlaren are responsible for the planning, developirent, and construction
of all HU1) Indian housing progranra in the other 18 Pueblos. Needless to say, these
gentlensn also endure the frustrations and rrental anguish which cares along with the
federal bureaucracy. I hope that the Canrrittee will allow these gentlanen the
opportunity to aomrent and/or answer any questions you nay have.
Please note that while rrnny ironths have been spent on salvaging Indian housing
within HUt), ow have not had anple time to study scare provisions of H.R. 5988 to our
satisfaction, and to adequately consult with all Pueblo tribes. We therefore, ask
that we be allowed to submit additional testiinDny within the next 30 days.
PAGENO="0261"
255
TESTIM3NY: H.R. 5988
Delfin J. Lovato
Page 2
Mr. Chairman, I must cczmend you and mwnbers of the Interior Caanittee staff
for your efforts in developing a bill which not only addresses Indian housing, but
also provides an alternative approach to complex, but much needed services to the
Indian people. Having worked as a housing director, I can appreciate the difficult
task which is before us all.
Since the objective of this Administration is clearly carrnitted to terminating
Indian Housing Programs, irrespective of the devastating impact such action will
have on the health and social well-being of Indian people, we must find an alternative
to continue a federal housing assistance program for Indians.
After limited consultation with tribal governments and the Indian Housing
directors in our State, the following is a sumsary of our concern and recaiTnendations
on HR. 5988.
INTRODILTION:
Section 3 - Definition:
1. Adjusted Family Incorre:
While we strongly support the $1,000 deduction for each
merrber of a household, plus the $3,400 or mare deduction, we
strongly feel that all deductions that are presently available
in HUD Regulations should also be included in H.R. 5988. MUD
presently allows deductions for child care, transportation,
training, etc.
2. Miniisum Standards:
a. The tribal governments, through their tribal housing
authority should determine what constitutes minimum standards
for decent, safe, and sanitary housing on a given reservation.
Adobe and other native products have produced safe housing for
Pueblo Indians before a white man set foot in North America.
Adobe houses in our Pueblo comsunities, several hundred years
old,continue to provide shelter to our people. Still, Govern-
nmnt regulations and requirements established for suburbia
USA ,virtually prohibits the use of native rrmterials in HUD
construction.
PAGENO="0262"
256
TEHflMJNY: H.R. 5988
L~lf in J. Lovato
Page 3
h. H.R. 5988 should provide for the recognition and use of
related tribal codes as part of the minimun property standards.
C. Lastly, the Tribal housing agency, and not the BIA should
decide the size of hcines to be built based on econcinics and
comann sense rather than having the family size (only) dictate
this irrportant factor.
TITLE I - INDLA~N IfltJSING IMP30VEMENI P1DCaAM:
This section is basically an expansion of the present BIA Hcine Improvmrent
Program to include new construction. While the present Housing Improverront
Program has corked well on our reservations, the most limiting factor has been
funding. Unless adequate funding is provided for this Section, the addition
of new construction will only vacillate the project even more.
SECIION 102: Renovation and New Construction - Insurance
SUBSECIION b:
Provides that insurance for renovation must be required unless
waived by the Secretary. Insurance aflocations, appraisals,
and papnsnt on repairs and renovation are extrerriely difficult
to ascertain and we thereby reccimEnd that insurance be required
only on new construction.
SIt3IC~ 103:
Eliminate portion.
SECIION 104:
Eliminate portion.
SECIICI~ 105: Appropriations
H.R. 5988 authorizes a funding level of $30,000,000. We strongly
recaimund a funding level of $100,000,000. As stated before, the
present BIA-HIP program provides for repairs and renovation at a funding
level of approxinately $23,000,000; H.R. 5988 now proposes to expand
this program to allow new construction as well as acquisition of
standard housing. Additional funding is necessary.
//
/
/
PAGENO="0263"
257
TCTTIMJNY: H.R. 5988
Delfin J. Lovato
Page 4
TIThE II - INDIAN HOUSING FINANCE SEED
SECTICX~ 203: Submission of Application
We strongly recomrend that the Act provide that the Secretary shall
have a iraxiinum of 30 days upon receipt of application to reject the
application. Otherwise, approval will be autcmatic.
SECTION 205: Attachment of TribalJlndividual Trust Funds
We are strongly opposed to the attachment of tribal or individual
trust funds, or inclusion of this section in H.R. 5988. We are not
aware of any other unit of government who participates in a public
housing project which is subjected to this penalty; this requirement
is discriminating in that respect. Secondly, we strongly feel that
adequate penalties can be set up by the Secretary as part of the project
agreement. A penalty which deprives a tribe of any future housing until
an acceptable level of rent collection is reached, is much core
acceptable. Lastly, we strongly feel that all tribes have sufficient
means by which to handle the high incidence of delinquent rents, through
tribal councils and tribal courts.
SECTION 206: Initial Fu~i~ç~4p~g
SUBSECTION a:
This limits tribal housing agencies to a start-up cost of
$50 million or 2% of total project costs. We strongly reconmend
that a ~staft-up cost is much core realistic. This is the present
rate on HO) contracts. We further reconuend that the total anount
of the project cost be provided to the tribal housing agency as
soon as final project approval and construction begins. Payments
can then be made by the housing agency directly to the contractor
based on percentage of caspletion. Submissions to the Secretary
for payment would be too untimely and costly to all concerned.
SUBSECTION c:
The Secretary should be required to assure conpletion of a
project within one year of contract execution.
SECTION 207: Submittal of Final Plans and Specifications
We strongly recomnend that the Secretary be required to approve the
final plans and specifications no later than 30 days after submittal by
the tribal housing agency, and as provided for in Section 10, Subsection 9.
PAGENO="0264"
258
TESTIMHY: ILR. 5988
Dalfin J. Lovato
Page 5
~HTI09 208: Acquisition of Pro~perfl~
~e strongly reconmend that any land purchased for the benefit of
a tribal housing project will beccme part of the tnist lands of the
tribe.
~E'LI0N 209: Rent Schedule
SUBSELTI(1 b:
This section should provide or establish a rate of no mere
than 15% of a household~ adjusted family incaee. This limitation
on rent collection should be contained in the regulation, not in
the Act.
SUBSH~f ION c:
Is an interference into the relationship between tribal govern-
rrents and its nastership, and should be eliminated.
SECIION 211: Papeent of Rent to U.S. GDvernment by Tribal Housing Au~q~tv
H.R. 5988 requires the agency to deposit residual payments on a
quarterly basis. We strongly reccimend that the agency be allowed to
n~ke deposits only once a year to allow the agency to generate income
for renovation and repairs or cover other administrative costs out of
investments of this fund.
SUBSB~f ION c:
Provides that an agency cannot fall below 90% collection rate
without being penalized. We strongly recomnsnd that the 90% require-
ment be changed to 50%. We further recaurend that the `~0%~rate
be flexible to acconmime for the high unenployment rate on rrost
reservations. We further reccerrend that the 50% rent collection
rate may be further reduced by the Secretary after analysis of the
mecial-econcelic conditions on a reservation.
SEC~TIC~ 212: Lbnitoring and Inspection
SUBSECIION b:
Requires IHS to insure adequacy of agency plans and inspections.
We strongly reccimnend that this responsibility be limited to the
Agency to prevent duplication.
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259
J~I~Y: H.R. 5988
Deli in J. Lovato
Page 6
SECTION 213: Bonds
We strongly recarmnsnd the inclusion of payment bonds.
SECTION 215: Bidding Procedures
We strongly reccimwnd that H.R. 5988 allow for negotiated
contracts and that the agency have the discretion of utilizing Davis
Bacon wage scales, or other prevailing scales in the area. Economic
and social-economic stimulation is an important factor.
III - THE LOAN GUARANTY FUND
1. There is definitely a need for a loan guaranty program to meet
the needs of the scwawhat affluent Indian families on Indian reservations
who otherwise cannot finance their homes because, asong other problmus,
of the legal status of Indian lands. This Title represents a good
start in meeting this need.
2. In order to encourage an influx of private ironey on Indian reservations
for home building, the Government guaranties should be very close to
lOC)% in every instance.
3. Consideration should be given to omitting the realty as a factor in the
guaranty arrangement. Tribes look unfavorably upon strangers owning
property within their reservations, as the Secretary would in case of
default as conteuplated by this Bill. The Secretary would likely find
it unfeasible to dispose of the real estate to any economic advantage
following a default. A provision could be made authorizing an
agreement whereby the Tribe would place another in the realty, and the
new owner's menthly payments could go toward paying off the Government.
The Government, of course, could continua its recourse against the
original hcmuowner. In short, the foreclosure systom envisioned by
the Bill should be avoided.
4. Consideration should be given toward a subsidy or other device to
reduce the rronthly payment which a homeowner would have to nske under
Title III. Those menthly payments for a standard 3-bedroom, 2-bathroom
dwalling could approach $1, 000 per rronth. This represents a substantial
gap between the payment obligations of a Title II participant on one
hand and a Title III participant on the other. Title III should recognize
the undeniable fact that because of isolation and other circurrstance,
private Indian housing is extrmrely expensive on reservations.
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260
Testimony on Indian Housing Act of 1982 for the Inter-Tribal Council of
California, Inc. by Executive Director, Eugene W. Pasqua and Ben Roberts
of the Santa Rosa ~Pr-ibe to the House Interior Committee at Tucson, Arizona.
APRIL 14, 1982
Mr. Chairman and Committee Members:
On behalf of the Inter-Tribal Council of California, Inc., representative
of forty (40) federally recognized tribes and sixty (60) Indian organiza-
tions, we will give our general support on the proposed Indian Housing
Act of 1982. Many of the tribes in California have not received the Bill
as of this time. I am sure more written comments will be sent to the
Committee from the California tribes at a later date.
We would like to thank the Committee for providing us the opportunity to
present our concerns regarding the federal Indian Housing program, it's
future and the potential impact of the proposed new program on Indian
tribes in California.
(1) The federal Indian housing effort has always been inadequate in Cal-
ifornia and a new and better coordinated program is greatly needed. In-
dians living on reservations have had to rely heavily on federal funding
and it has been further complicated by the fact that many of our tribal
groups are either terminated or unrecognized and have not been eligible
for federal assistance.
The proposed legislation is greatly needed. A 1980 summary report by the
BIA indicated that of the 11,092 housing units on California reservations,
7,964 were substandard and that 8,046 new units were needed.
We particularly like the fact that the proposed program provides for grants
directly to individuals as well as to tribal housing agencies. However,
a few areas concern us.
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261
Testimony by E. W. Pasqua and B. Roberts
Page 2.
(2) Many California tribes do not have the resources needed to adminis-
ter and manage such a program. We anticipate that many smaller tribes
will turn to organizations such as ours to help them and we would like
to be assured that we will be able to help when asked to do so.
We approve of Section 215 which calls for formulation of an Indian Affirm-
ative Action Plan, but we would like to see guidelines spelled out in the
legislation. It is our behief that Indian contractors should be used
where it is possible to do so, and that a separate program is needed to
train Indians in the building trades.
One area that disturbs us is that the program is to be administered by
the Bureau of Indian Affairs. We understand that great effort has been
made in Title IV to insure that BIA will administer the program as Congress
intends. We believe that the requirements and restrictions of Title IV
are good, but that they do not go far enough. At a time when federal pro-
grams are being cut back because it is believed that such programs are
too large and costly, we would like to see further controls put on BIA
to ensure the success of the program. We view the fact Congress will re-
view administrative expenses of the Office of Indian Housing yearly as
a positive step, but we still have fears that the program may become un-
popular if administrative costs are considered to be too high. You are
no doubt aware of BIA's reputation when it comes to it's ability to ad-
minister and coordinate programs.
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* 262
Testimony by E.W. Pasqua and B. Roberts
Page 3.
We would also like to be assured that the housing to be built will not
add to the problems of the reservation. In the past, such housing has
often been built with each unit right next to the other. Though it may
be cheaper to build that way, it sometimes creates urban problems not
found on the reservation before such housing was built. It is understood
that a tribal housing agency will have some say in how such housing is to
be built and that may solve some of the problems, but we feel that every
effort should be made to provide housing that will truly add to the qual-
ity of life on the reservation and not create a new set of problems.
Other questions are: Section 209 (b) (3) states that a family shall be
responsible for maintenance. Yet, in Section 210 (3), minumum monthly
rent payments provide for a contingency reserve for maintenance. It
would seem that low-income families may find it difficult to come up with
the `extra' cost for maintenance that they have already paid for in their
rent payments. This may need further explanations.
Under Section 211 (c), if a tribe defaults on it's quarterly payment and
becomes ineligible for further housing assistance, what provisions are
available to assist those individual families who have met and maintained
their contract obligations and will continue to need services?
We understand the need for accountability and even possible attachment of
trust funds if that becomes necessary. However, we know the difficulty
we have had in California in obtaining quality housing and we hope that
you will consider our remarks today.
If any changes are made in this legislation, we would hope that you con-
sider that it will be necessary for small California tribes to form a
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263
Testimony by E.W. Pasqua and B. Roberts
Page 4.
housing consortium to provide a more feasible and cost effective method
meeting the housing needs of it's members. And we would also like you
to remember that we consider control of such programs by the tribal coun-
cil as necessary.
As a whole, the Bill provides Indian people with a continuing commitment
from the federal government to assist them in addressing the inadequate
housing conditions that exist on reservations. We support and will work
with you for the passage and enactment of the "Indian Housing Act of 1982".
Thank you for your time and consideration.
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264
TESTIMONY
of the
COLORADO RIVER INDIAN TRIBES
Regarding the Indian Housing Act of 1982, H.R. 5988
The Colorado River Indian Tribes welcome the attempt by Representative
Udall and others to provide for a continued Indian housing program in the face
of proposed cutbacks by the present administration. However, the Tribes find
it unfortunate but necessary to oppose the present bill, H.R. 5988, in its
present form. Were amendments to be made to the bill along the lines outlined
below, the Tribes would strongly endorse the bill.
The Colorado River Indian Tribes' opposition to the bill stems from those
provisions which have concerned many other tribes -- the provisions in Sections 205
and 211, as well as those in Section 103.
As provided in Sections 205 and 211, the Secretary would have the authority
to attach tribal trust funds to secure defaults in the payment of amounts due to
be deposited in the residual receipts fund under Section 211(b). This provision
makes no distinction as to whether such default is due to the fault of the agency,
or to the inability of the agency to collect amounts due from the participating
families. Were such attachment authorized only where default is due to agency mis-
management, such attachment perhaps would be reesonable, but it is surely unfair
and unwise to require the tribes to be guarantors of amounts due from families,
particularly where the tribe itself has no right of recourse against the trust
funds of defaulting families, nor even receives any equity in the homes, payment
for which it would be required to guarantee. Even if default of the agency were
due to agency mismanagement, however, the Tribes feel that remedy for such default
is adequately provided by the bonding requirements of Section 213(a)..
It is unclear whether Section 103 gives the Secretary the authority to sell
trust lands without the consent of the landowner, whether it be the tribe or an
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265
~fldividua1 allottee. If this Section only adds increased burdens upon the.
Secretary before approval is given for sales otherwise allowed under existing
law, the Colorado River Indian Tribes would have no objection to the Section,
except an objection to the sale of trust lands in general. If this is the case,
it should be made clear in the bill, as many have already interpreted this Section
to give the Secretary authority to sell lands. It would be tragic if it were to
be so read by the Secretary and the Bureau of Indian Affairs.
The Colorado River Indian Tribes also note that certain provisions of the
bill do not adequately protect the right of tribes to enact governing law within
their respective territories. For example, Section 103(b) provides for liens
upon fee lands to be recorded under State law. While this is certainly proper
where lands are located outside of tribal boundaries, within tribal territory
recordation should also occur pursuant to any tribal recordation requirements
which may exist, as well as under State statutes. Also, under Section 307,
guaranteed loans are restricted to those made by financial institutions subject
to supervision by agencies of the United States, a State or the District of
Columbia. No mention is made of institutions which may be regulated under tribal
law, rather than State law, as would be the case within tribal territory where
tribal law regulating such institutions may exist. Were a comprehensive scheme
of tribal regulation to exist, the Colorado River Indian Tribes take the position
that tribal and not State law would govern. This concern is also applicable
to Section 302, which provides that mortgages may be executed pursuant to 25 U.S.C.
section 483a, which provides that the law of the State will govern mortgages, even
though it is Indian trust land which is being mortgaged.
In line with the above stated objections to the bill, as well as other
minor problems, the Colorado River Indian Tribes recommend that the bill be amended
as follows:
18-934 O-83---18
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266
1) Section 205(b)(l) should be deleted;
2) Section 205(a) should be amended to provide only for attachment of
trust funds of defaulting individuals;
3) Section 211(c) should be deleted;
4) Section 103(b) should be amended to read:
"103. (b)(l) Where a house constructed, acquired, or repaired pursuant
to Section 102(a)(2) or (3) is located on land outside the boundaries of
tribal territory, or upon fee land within such boundaries, the Secretary
shall insure that a lien upon such land is recorded under appropriate
State law, noting the encumbrance imposed by Section 104 of this title.
(b)(2) Where a house constructed, acquired, or repaired pursuant
to Section 102(a)(2) or (3) is located on land within the boundaries
of tribal territory, the Secretary shall insure that a lien upon such
land or house, as may be applicable, is recorded under appropriate
tribal law, noting the encumbrance imposed by Section 104 of this title.
5) Section 307 should be amended to read in part: "a financial institution
subject to examination and supervision by an agency of the United States, a tribe,
a State or the District of Columbia . .
6) Section 302 should beamendedto provide that liens and mortgages are
to be governed by existing tribal law, or by State law if no applicable tribal law
exists;
7) Subsectioun (1) and (5) of Section 3 should be amended as follows:
Subsection (1) should read:
(1) `adjusted family income' means adjusted gross income
as stated family's most recent Federal income tax return, less
$1000 for .~ber of the household, plus a further deduction of
of $3,400 unt of itemized deductions from the family's most
recent Fe~ tax return, whichever is higher."
This will qross income reflects all standard "above the
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-267
line" deductions, as well as those "below the line."
Subsection (5) should read:
(5) `Indian' means a person who is an Indian as defined in
Section 19 of the Act of June 18, 1934 (48 Stat. 988; 25 U.S.C. section
479)."
This change is made because the definition is otherwise redundant, as
25 U.S.C. Section 479 already includes all members of Indian tribes,
unless "member of an Indian tribe" is deemed to include members of
non-federally recognized tribes, in which case that should be specifically
stated.
Although the Colorado River Indian Tribes feel that the intent behind this
bill is admirable, and that a housing bill is imperative, this bill contains flaws
which require opposition to the bill. Were the bill to be amended along the lines
stated above, as well as to remedy the concerns of other tribes and Indian organi-
zations, the Tribes would provide their wholehearted support for the bill.
Because of the lack of time which has been provided to study the bill before
hearings were scheduled, there may be other provisions of the bill which deserve
cement. The Colorado River Indian Tribes therefore reserve the right to submit
further comments at a later date. Such comments, if any, will be submitted at the
hearing in 1Iashington, D.C. on April 29, 1982.
On behalf of the Colorado River Indian Tribes, I thank you for this opportunity
to present this testimony and thereby state our views.
PAGENO="0274"
APPENDIX III
SATURDAY, APRIL 24, 1982
ADDITIONAL MATERIAL SUBMITTED FOR THE HEARING RECORD
TES~IM3NY OF
VIRGINFA TOEWS, EXECUTIVE DIPECIOR
NORTHERN CHEYENNE HOUSING AUTHORITY
~EOPE THE
~1v1ITTEE ON INTERIOR AND INSUlAR AFFAIRS
FIELD HE7~RINGS ON H.R. 5988
RAPID CITY, SOUTH DAKOTA
~APRII~ 24, 1982
"INDIAN HOU~ING ACT OF 1982'
REVIEI~ED AND ENDORSED Th':
Allen Rowland
President
Northern Cheyenne Tribe
(268)
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269
NORThERN CIi1~ENNE JICUSING AUTHORITY
P.O. Box 327
lame Doer Montana 59043
My name is Virginia Tomis, Executive Director of the Northern Cheyenne
Housing Authority, Lace Deer, Montana. Mr. Chairman, and rmnithers of
the Cairnittee on Interior and Insular Affairs, it is a pleasure to be
invited to ccxrment today on the Indian Housing Act of 1982. Receiving
good news in an era of so much to the contrary, this bill is a source of
hope fran your Camiittee who are taking an active part in solving the
persisting need for a large supply of decent, safe and standard housing
for Indian caimunities..
The Deparirnent of Housing and iJrban Developeant (HUD) has been the vital
resource in coating Indian housing needs over the past twenty years. This
special program has been destined for extinction since the early 70' S
and received the final blow when Philip Abrams, General Deputy Assistant
Secretary for BUD testified before your Camnittee on March 4, 1982, when
he said, `Our actions regarding Indian housing were taken because of the
high develojxnent costs, excessive Federal requireirents, management problems
and the conseauent need to initiate a more effective and less costly Indian
housing prcgram." Despite HUD'S inadequacies, approximately 40,000 units
were developed for American Indian tribes nationwide. Though progress has
been made, Lower than half of the targeted 90,000 new units have been
achieved nationwide. For the Northern Cheyennes this translates into 648
families in desperate need of housing, not to mention those on the verge
of needing housing or the needs of new family formations, which the Tribe
and the Housing Authority are incapable of servicing. `lb have the only
significant Indian housing prcxjrsrn `wiped out' in a poison pen letter to
PAGENO="0276"
270
the Office of Hanagarent oral Budget tying an emotional bond between the
Deparbeant and the Adrrdnistration accelerated panic amorq the applicants
on the ever lengthening waiting list at our Housing Authority.
BUD has provided 523 hares for our people yet there are still 700 homes
irest of which are severely over-craeded, sane having no source of heat
except for a plug-in electric type heater - if the hare even has electricity;
and some in critical need of repair beyond the financial capability of
the families. Therefore, the need persists for a large supply of warm,
standard and uncrosded shelter.
We caerrend your Comnittee and staff for developing a caiprehensive housing
bill taking all levels of family income into consideration. We have reviewed
H.R.5988. The nunber one ccamendable feature is it seeks to eliminate a
contribution to the Federal deficit. Your Caimittee should be getting love
notes from the Atranistration for such an heroic effort instead of poison pen
letters! Other caiieendable features in coeparison to bondage under HUI) are:
1. It provides a cczrprehensive housing program with less federalism
and less federal control
2. It provides for greater flexibility for Tribal leadership and
Tribal control and encourages cli'matic and cultural design of
of units, a cost effective delivery system with built-in manage-
ment controls, accountability and prometes local flexibility in
decision making.
3. It's requirements provide for minirrel need of technical assistance
and allais an accounting system that any Certified Public Accountano
would understand as opposed to BUD's conplicated systng that even
they don't understand.
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271
4. It provides for standard housing for all incare levels including
substantial rehabilitation and acquisition of new or standard
housing.
5. It eliminates the hassel of Thibes dealing with 16 Congressioal
Ccamittees as it is nc~ with the BUD Indian programs. Not only
would the enactment of this law reduce that nunter to six
Camsittees but would put the housing program in Conmittees that
traditionally deal with the affairs of Indians.
6. It dove-tails and coordinates only two Agencies - the Bureau of
Indian Affairs and the Indian Health Service instead of the non-
functioning, complex and currbersorrt Thi-Agency requiremant under
BUD.
7. It allcws each Tribe to carry out it's ci~n responsibilities
and when it does not, only that Tribe is given due-process
without penalizing other Tribes.
8. It mandates, without fiscal limitation, funds under each
Title to carry out related housing activities.
While the above are only a few of the ccsirrendablo provisions under the
proposed Housing Act, we do have sase very major concerns. These are:
1. Section 103. Land issues under this section should be left for
each Tribe to govern and should not ho subjected to the
Secretary's wisdcm and control. Tribes should never have to
lose control of their trust status land for this Housing Act
or any other program.
2. Funding should be assured for a minimum of 5,000 units per year
under Title II. We have qreat concern the way bite bill rcc~is - It
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272
says that only after all administrative staff, related
administrative expenses and technical assistance to tribes and
involved families aro deducted fran the annual appropriation,
the rest of the money will be allocated to qualified tribes
for housing related activities under the Act. Before this bill
is passed, we request the Secretary `s estimate budget shoring
maximum Administrative expenses and the maximum number of units
particularly under Title II the money will provide. We fear that
annual allocations could provide more jobs and related expenses
within the bureaucracy than housing under the Act.
3. A system rrrust be established for program implementation at the
Secretary's level for the rule making process. Such a ccnueittee
should involve not less than five field personnel (grass roots
Tribal members) knorledgeable in Indian housing and financing.
We don' t want to get caught up in reams of worthless regulations
that don't apply as we are nor under the BUD program.
4. Section 209 (b) (2), "Contract" requirement of 20% of the adjusted
family income as monthly payment should be deleted and addressed
in the rule making process to insure flexibility during the 25
year contract for payment as the econany rises and falls. This is
a serious part of the* Act and must be given great consideration.
The Northern Cheyenne Tribe has given considerable thought to the bill and
are ready to offer suggestions and improvements to ensure a workable program.
Wnile the Northern Cheyenne Housing Authority still supports the existing (?)
HUB assisted Indian programs, in their present form, we would alno support
H.R. 5988 provided major revisions such as those outlined by President
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273
Allen Roulanci, of the Northern Cheyenne Tribe, would be incorporated in
the Act.
In conclusion, we also riced assurance that the intent of this bill won' t
fade into oblivion within a short time because of frightening words found
in section 203 (b) ". .. .subject to the availability of appropriations,...'.
Thank you for your due consideration of these comoents and requests in behalf
of the 648 Northern Cheyenne families who desperately need decent housing
and for those about to declare their need.
Sincqrely;
~t%4 -A~'
North~rn Cheyenne Housing Authority Board
Floyd Waters, Chairman
Joe Walks Along, Vice Chairman
Kenneth Beartusk, Secretary Treasurer
Herbert l3earchum, Corrmissioner
Llevando Fisher, Carmissioner
Taii Rockroads, Jr. Canmissioner
Virginia Toais, Executive Director
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274
TESTIMONY ON THE iNDIAN HOUSING ACT OF 1982
SUBMITTED BY THE OGLALA SIOUX TRIBE
JOE AMERICAN HORSE, PRESIDENT
On behalf of the Oglala Sioux Tribe, I wish to express
my appreciation for this opportunity to present testimony re-
garding the house of Representatives Bill HR. 5988, `The
Indian Housing Act of 1982". My name is Joe American Horse
and I am the President of the Oglala Sioux Tribe.
The Oglala Sioux Tribe is the second largest tribe in
the United States with an on-reservation population of 13,500
members. The Pine Ridge Indian Reservation covers approximately
two [2] million acres and is located in southwestern South
Dakota. The 1981 Housing Inventory compiled by the Bureau of
Indian Affairs showed that one-third of the existing housing
units on the reservation are substandard and there is an
immediate need for 2,500 additional housing units.
I am pleased that the Congress of the United States
has seen fit to express its special relationship with the
Indian Peoples and Tribes of this Nation through the legis-
lative effort outlined in House Bill 5988. The proposed
legislation provides a framework within which sorely needed
housing requirements can be realized while maintaining the
spirit of local Indian self-determination. However, I feel
there are some areas of the Bill requiring more clear defini-
tions, changes in language, and additions, which I will address
following the format of the Bill:
Sec. 3(1) I feel there must be provisions developed
to consider the rancher, farmer, fisherman, artisan, or other
self-employed businessperson so the gross sales of his busi-
ness are not used to determine his income, thereby creating
a class of persona who are unfairly charged. The need for
housing on the Pine Ridge Indian Reservation cuts across all
economic categories and I feel we must be open to meeting
those needs.
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275
Sec. 102(a)(3) I recommend the Committee consider
the addition of the words "and or used" to be inserted after
"new" and before "standard housing" thereby all lowing the
Tribe or Tribal Housing Agency expanded options in developing
alternatives to meeting housing needs. The option to pur-
chase housing developed under other funding authorities
should not be limited, particularly Ia view of the very
limited refinancing opportunities available on reservations.
Sec. 203(b)(2) I recommend the addition of language
requiring technical assistance for Tribes and Tribal Housing
Agencies not meeting a determination of the administrative,
management, and accounting capability to implement a proposed
housing project. Without such protection and direction, the
potential for bureaucratic arbitrary abuses will be unchecked.
I further recommend that the involvement of Tribes and Tribal
Housing Agencies be required In establishing the details of
funding criteria.
Sec. 205(a) I recommend the development of language
protecting the lands of the Tribe as well as any funds obli-
gated to the purchase of lands or the repayment of loans for
the purchase of lands. The Oglala Sioux Tribe has the income
from many units of acreage assigned for the repayment of loans
to the Farmers Home Administration. I do not not feel that it
would be appropriate to jeopardize the standing with a federal
agency or even the status of lands by leaving the language
as is currently in the Bill.
Sec. 205(b)(1)&(2) I recommend the development of
language requiring due process through Tribal Courts and
offering full faith and credit to Tribal Courts and judicial
systems. I feel this provision is necessary to prevent ad-
ministrative laxity and abuse under the current language
in the two provisions, and to continuing meeting the direction
of numerous Court decisions regarding due process requirements.
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276
Sec. 205(d) I feel a thirty day period may be too
short a time period for due process principles to be served
and recommend a ninety day period to pay the amount in default
and to provide the option to negotiate a payment plan.
Sec. 206(a) I recommend there be added after `Provided,
That this initial disbursement shall not exceed $50,000 or two
per cent of the total project." the statement `or whichever is
greater". This addition will insure that an Agency developing
a large project has adequate resources to pruperly plan and
execute such projects.
Sec. 211(b) I feel the Tribe and Tribal Housing Agency
should have the option of making annual payments to the govern-
ment. This method will allow the Tribal Housing Agency to
invest the funds and give a larger amount to the Government
on an annual basis.
Sec. 401(a)(b)(c) I recommend there be included a pro-
vision limiting administrative and employee costs with the
Office of Indian Housing Programs to an amount not to exceed
two [2] per cent of the total appropriations, to insure that
the costs of administration does not cut into the program.
Too often we have seen the bureaucratic structure grow unchecked
while the people for whom Congress appropriates monies receive
less and less services.
Finally, because we have experienced, time and time
again, the administrative agency responsible for promulgation
of rules frustrate, ignore and outright violate the intent and
spirit of Congressional action with the rule making process, I
respectfully request that a provision be developed and inserted
to insure that protection be provided. While there are distinct
principles of separation of powers, the Administration has not
always acted in the best interests of the law, and it is incumbent
upon Congress to insure the creative use of the checks and
balances which exist to require full implementation of the law,
in its full spirit and intent. To this end, I recommend that
Congress set a specific time frame for full implementation of
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277
of the Act, consistent with their appropriations authority,
and require a representative Task Force to be involved in the
rule formulation process.
In my review of FI.R. 5988, I found the Bill to meet
many standards and qualifications necessary for fulfilling
the pressing housing needs on the Pine Ridge Indian Reservation
and which are concerns of the Oglala Sioux Tribe. I feel the
Bill will allow more control and accountability in the process
of providing safe, decent and sanitary housing to Indian people,
and I support this concept.
While we have had many problems with the Bureau of
Indian Affairs and the Department of the Interior in the past,
we feel their records of advocacy for Indian peoples and Tribes
is a solid one and they can work with us to resolve the housing
needs which now exist on reservations. I hope the adoption and
implementation of the "Indian Housing Act of 1982" will effect
a streamlining of the congressional process now being used by
the federal Indian housing authorities under the Department
of Housing and Urban Development.
I hope my concerns were stated in reasonable but
concise detail to be of service to the hearing team and the
committee personnel. Again, on behalf of the Oglala Sioux
Tribe, I wish to thank you for this opportuniLy to express
my concerns and offer my ideas and support. I hope we can
continue to work together to resolve the housing needs existing
on my, and other, Indian reservations. Thank you.
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278
COMMITTEE ON INTERIOR & INSULAR AFFAIRS
STATEMENT OF DARRELL WADENA, PRESIDENT
MINNESOTA CHIPPEWA TRIBE
CASS LAKE, MINNESOTA
Mr. Chairman and Members of the Subcommittee:
My name is Darrell Wadena; I am President of the
Minnesota Chippewa Tribe, comprised of six distinct
bands (White Earth, Leech. Lake, Nett Lake, Fond du Lac,
Grand Portage and Mille Lacs). Accompanying me is Mr.
George V. Goodwin, Executive Director of the Tribe.
We are opposed to the bill as proposed. The concept of
providing for Indian Housing through a mechanism other
than the Department of Housing and Urban Development has
merit and could be supported. With the reality of the
administration's pOsition to eliminate public housing,
we must explore other options for Indian Housing.
It has long been argued that the Public Housing system,
through the Department of HUD, was inappropriate for
Indians and was thrust on us as an after thought. This
was done without consideration for the consequences of
its complex and inappropriate delivery and management
systems. These systems were developed for large metropolitan
housing authorities with large trained staffs.
Now, after years of struggling with this cumbersome
system and winning congressional and administrative
consession, we have achieved success in the establishment
of an office of Indian Programs within the Department
(HUD) that is responsive to our circumstances.
Now, because of an unconcerned, insensitive President,
we are faced with loosing our housing Program.
We are strongly supporting the continuation of the
Public Housing Program for Indians presently being
delivered by the Department of HUD Office of Indian
Programs. In the event that the administration does
achieve its inhuman goal of dismantling the Public
Housing system, we could support the proposed housing
program being considered here today. This bill could be
acceptable if the following amendments are made to it:
I - The first and most significant of our concerns
regards~ Section 205 of Title II - where the Secretary is
proposed to be impowered to attach any obligated or
unobligated funds held by the United States for the
benefit of any Indian or Indian Tribe.
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279
This proposition as presented is an insult to the integrity
of Tribal Leaders and the people they represent and is
nothing more than another attempt by our enemies to
terminate us. It is also apparent to us that the in-
stigators of the inclusion of this section in the bill
do not trust us or believe we can manage the proposed
housing funds.
The Minnesota Chippewa Tribe,, in cooperation with the
State of Minnesota, has developed a housing program
which we are proud of and which is somewhat similar to
that being proposed in Title II of this bill. Since the
programs inception in 1976, the State of Minnesota has
appropriated over eleven million dollars ($11,000,000)
for the housing needs of the Minnesota Chippewa Tribe
which have been loaned to us without the intolerable
restrictions the United States Government is proposing
here. Over the five year period that we have had State
funding we have developed three hundred and Seventy
houses on scattered sites without any loss of the principle
sum loaned to us.
The United States Government, within its trust responsibility,
should be responsible for adequately housing its Indian
people. Yet, while proposing to support Indian self-
determination with resources far beyond the magnitude of
the State of Minnesota, it cannot supply these needs
without overly restricting Tribal Leaders with Section
205 of this bill..
I implore this distinguished body to take a look at and
a lesson from the State of Minnesota and treat us as
fairly as the Minnesota Legislature and Governor have.
To make this Bill acceptable to Tribal Governments
Section 205 of Title II of this Bill, with its supporting
Section 209 #4 and 210 #3 must be stricken.
It is our belief that there are already sufficient
safeguards within this Bill to assure the programs
integrity.
II - We also question the administrative capability
of the Bureau of Indian'Af fairs to develop and implement
a program of this magnitude.
We are continously confronted with the Bureau of Indian
Affair's inability to administer and are extremely
hesitant to allow them the opportunity to delay and
mismanage something as important as this proposed housing
program. There are many examples of the Bureau's inability
in this area.
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280
It is our belief that if this Bill is implemented as it
is proposed the Bureau of Indian Affairs could not
develop the staffing capability anywhere near that of
the existing Office of Indian Programs within the Department
(HUD) and, if history repeats itself as it always does
with the Bureau of Indian Affairs, we will never achieve
the delivery and management capabilities that are proposed
to be eliminated.
We are proposing that if the Department (HUD) Public
Housing programs are eliminated, as the Administration
is proposing, that the existing Office of Indian Programs
staffs, dealing with development of Indian Housing,
be folded into this new program. It would be a shame to
lose this efficient supportive staff capability.
III - We believe this Bill should also be revised to
limit the Secretar4~ps discretionary powers over the
proposed housing. This Bill, as proposed, is in direct
opposition to the principle of Indian Self-Determination
and herein is striving to limit the elected Tribal
Leadership role, while strengthening that of the Secretary.
This question must be addressed and revised throughout
the entire Bill. At a minimum, determination, when made,
must be made by the Secretary or his designates in
consultation and with the approval of the Tribal Government.
We see that there is too much leeway here for Bureau
staffs to make determinations which are not in line with
the Tribal Governments' wishes.
- There are also references throughout the Bill
that Include the Indian Health Service as responsible
for providing facilities and assistance. We believe
that these references must be stricken and the water and
sanitation responsibility should be incorporated into
the Housing Bill and provided for with appropriate
authority being transferred from the Indian Health
Services appropriation.
We have too often encountered administrative incompetency
and runarounds by the Indian Health Service which has
proven its inability to work together with the housing
programs when needed. We feel the Tn-Agency agreement
of the 1960's did not work and that the Bi-Agency cooperation
called for herein will not work any better. Unless the
delivery mechanism necessary for this housing is provided
for under one administrative structure, the problems of
the Tn-Agency agreement are inevitable.
V - The restrictions on housing being built only on
trust lands should also be revised to allow for utilization
of fee lands both on or near reservations.
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The Minnesota Chippewa Tribe, in development of housing,
has repeatedly found it necessary to purchase land for
housing purposes. A a large porportion of our lands are
low and inaccessable and not adaptable to housing construction.
We have found that lands are available on a scattered
site basis that can be purchased at reasonable costs.
VI - The annual review of income proposed without
restrictions could cause considerable problems, as it
does now within the HUD requirements. We propose that a
5% maximum per year be inserted here so that motivated
self-improvement in our society is not stifled by overly
penalizing homeowners for improving their financial
position.
VII - In the area of construction by Indian owned
enterprises, allowances should be made to allow for
letters of credit and, or 10% holdbacks to assure quality
and completion of the projects. Housing construction
has been, and should continue to be, recognized as a
form of labor for Indians and all efforts should be made
to assure this construction to go to Indian enterprises.
VIII - There should also be consideration of and
allowance for the management and modernization of the
existing HUD housing stock. Without incorporating
existing HUD programs with this program, unnecessary
confusion will result. It is also inevitable that
because of the lack of concern by the administration for
Public Housing, with the insuing administrative funding
cuts, the existing housing will deteriorate. This must
not be allowed to happen.
IX - We also see the need for an Indian Advising
Group made up of Tribal designated leaders to assist in
the drafting and reviewing of the regulations and program.
Conclusion
The Minnesota Chippewa Tribe strongly opposes the proposed
Indian Housing Bill as written. In the event that the
Public Housing Program does get eliminated, we could
support the Proposal but only after considerable revision.
Thank you for the opportunity to testify on this most
important issue.
18-934 O-83----19
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OMAHA TRIBE OF ~NEBRASKA
Omaha Tribal Council
P. 0. Box 368
Macy, ~ebraskà 68039 Phone (402) 837-5391
flI'iE ~fFIC(RS MEMBERS
ElMER K. BLACKBIRD. CHAIRMAN HOWS 0. STABLER JR.
MARK A. MERRICK, VICE CHAIRMAN DORAN K. MORRIS
LEMUSE A. HARLAN, SECRETARY EDWiN WALKER
DRUMS F. TURNER, TREASURER
TESTIMONY
OF
THE OMAHA TRIBE OF NEBRASKA
PRESENTED BEFORE THE
COMMITTEE OF INTERIOR AND
INSULAR AFFAIRS
ON
THE INDIAN HOUSING ACT OF 1982
RAPID CITY, SOUTH DAKOTA
APRIL 24, 1982
Introductory Remarks:
Mr. Chairman, Members of the Committee, I am Elmer Blackbird, Chairman of the
Omaha Tribe of Nebraska, testifying on behalf the Omaha People in regards to
what we feel about the new Indian Housing Act of 1982. The past efforts of
concerned Congressmen and Committee Members in restoring the 4,000 units for
Indian Housing is greatly and deeply appreciated.
Testimony:
The Omaha Tribe is experiencing the lack of decent and safe housing for fam-
ilies of the reservation. In addition to seriously sub-standard housing, we
have a shortage of housing that is causing over crowding. Two, three and four
family ~s are living in many of the recently constructed homes.
We are encouraged by the directions suggested in the Indian Housing Act of
1982. Efforts to maximize the Tribe's Planning, implementation and control
of housing efforts for it's people are good. The local Tribal Government is
in the best position to turn limited housing resources into effective housing
to meet needs of families that vary greatly from reservation to reservation.
We ask that as regulations are written to implement this Act, emphasis is
made to elimirate the vast amount of delaying procedures and paper presently
hobbling the construction programs of the Department of Housing and Urban
Development. I feel most Tribes are able to construct housing at cost sign-
ificant~y below those now experienced thru HUD by reducing many of the non-
construction costs.
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283
In addressing the specific language of the Act we would make the following
comments:
Title I - Indian Housing Improvement Program continues the HIP Program
as we are now using it. With good management, this program has been
very effective on the Omaha Reservation. We encourage full funding of
Title I as the best deterrant to further reduction of the limited hous-
ing stock on the Reservation.
Title II - Indian Housing Finance fund offers the best possibilities -
and perhaps some of the greatest problems.
The people of my Tribe are responding well to a home ownership program.
Pride in ownership, opportunity for location selection, gardening and other
self sufficiency efforts are all emerging as families change from "Renters"
to "owners". More than 150 families applied for the new 32 units being
developed. Waiting lists of over 100 exist for the rental housing units.
The financing process under Title II seems fair and reasonable. Even with
our lower family incomes, the majority of our Omaha people could afford pay-
ments as described in the Title II Program.
We are concerned with the provision of Section 205(a) - allowing the Secret-
ary to attach trust funds. We believe that many Tribes may be able to give
adequate assurance to the Secretary thru the provision of other guarantees
for the proper repayment of funds due to be collected from home ownership
participants. We would recommend the security requirements be negotiated as
part of the agreement as defined in Section 204 and be individualized as
appropriate for each Tribe.
It should also be the intent of the Secretary to consider the Tribe's pre-
sent management capabilities, and specifically, its demonstrated capabilities
in Housing Program management in assessing the risks in loans from the fund.
Section 206 related to disbursement of monies to the Tribe for construction
may been usefully changed to allow for one additionally type of construction.
By allowing for an advance drawdown for an estimated 30 days of direct con-
struction costs, a Tribe with housing construction capabilities ir~ place
could build a small project of 5 to 20 units on a re-occuring basis. This
would improve local employment, reduce costs of construction by out-of-the
area contractors and eliminate construction financing costs. On smaller
reservations, this could reduce significantly, over all development costs
while making a maximum impact on the Reservation economy.
Title III - Indian Housing Loan Guaranty Fund is a good addition to
housing options for Indian families. Although it should work well for
families with good incomes, we expect it will take a long time to
develop. In our area, Indians with fee title to land and a good credit
position still find it difficult to obtain housing loans.
Under Title IV, I would emphasize the need for training programs for
new home ownership families. Basic Home maintenance training is a
need for many of our families.
In conclusion, I appreciate the opportunity to come before you on behalf of
my Tribe. I know that a continued Indian Housing program, particularly now,
is vitally important to Indian people everywhere. My thoughts and words
have not been expressed lightly as I speak for my People. Please give them
your utmost consideration.
I will be happy to answer any questions you may have.
Thank you for your time.
Elmer Blackbird
Chairman
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284
d~S~TE o~
-4 J/~r ~
GoVERt4\~3
Pride Of the Ojibwa
Route 2 * Hayward Wisconsin 54843
(715~834-8934
STATEMENT OF: LAC COURTE OREILLES BAND OF LAKE SUPERIOR CHIPPEWA
INDIANS OF WISCONSIN
ADDRESSED TO: COMMITTEE ON INDIAN AND INSULAR AFFAIRS, UNITED
STATES HOUSE OF REPRESENTATIVES
HEARING IN RAPID CITY, SOUTH DAKOTA
APRIL 24, 1982
RE: H.R. 5988 "INDIAN HOUSING ACT OF 1982"
Greetings, once again, from Wisconsin'S foremost Ojibwa Tribe. We
thank you for this opportunity.
Since being constitutionalized and reorganized in 1966, we have pursued
an increasing active and comprehensive housing program for our people
on our 125 square mile Reservation in Northern Wisconsin. With Tribal
Members continually returning "home" our on~or~near Reservation popula-
tion has continued to increase for the last 10 years to now almost
2400 of our total membership of 3600.
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285
Hearing - H.R. 5988 Indian Housing Act of 1982
Page 2
We have much substandard housing left, but we are mighty proud of
the over 200 units built by our own Tribal Construction Company
under HUD Programs. In addition, about 400 homes have been "HIPped"
through the BIA Program over the last 15 years, all with Tribal labor.
We are also proud of our Housing Management Improvements. We feel
a great deal of our housing successes stem from our "team" approach
to housing: Housing Authority Staff and Board, Central Tribal
Government Staff. and Governing Board~and Tribal Construction Company
Enterprise people all working together to plan, obtain, construct,
improve and manage our housing.
Preliminarily, but of great importance, we must state our perception
of what the Bureau of Indian Affairs should be; its
MISSION: To protect and enhance, as a solemn trust responsi-
bility, the inherent rights of Indian Tribes to
govern, to manage Tribal people and resources and
to provide services for Tribal people and to protect
the rights, status and assets of Indians and Tribes;
ITS OBJECTIVE: To provide adequate funding and technical assist-
ance to Tribes, but primarily funding,. to fulfill the
above mission and to thus directly enable Tribes to
function as governments and to also provide requisite
services and additional funding to protect the health,
safety, welfare and .property bf Indians and Tribes..
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Hearing - H.R. 5988 Indian Housing Act of 1982
Page 3
We have yet to see the BIA fully actualize the foregoing, but we
are disturbed that HUD feels no "Trust Responsibility" toward
Indians and hence has sought to retreat from the responsibility
of providing decent and adequate housing for Indians. It is also
unfortunate that HUD has not been allowed to undertake a compre-
hensive mission, as above, particularly in assisting Tribes to
develop their management and governance capacities.
It is encouraging to see Congress taking steps to fill a possible
void or lag in Indian Housing Development in the light of HUD re-
trenchment under the guise of "cost containment". The intent of
H.R. 5988 cannot be criticized. We offer constructive comments,
only to make it better.
I. First as to scope, the Bill should include:
1. Grants or other reasonable long-term financing
to enable Tribes to build, own and manage,
Public rental units to meet the unique needs
of each Tribe. If HUD discontinues such, it
becomes even more imparative that this Bill
contain same.
2. Assurances that sufficient flexibility can be
exercised so as to meet unique Indian Housing
needs; multi-agency funding efforts should not
be disallowed; kinds and types of units permitted
could include single-family grouped and scattered
homes, elderly and handicapped units, group homes,
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Hearing H.R. 5988 Indian Housing Act of 1982
Page 4
2. nursing and special care housing and homes that
are modest and decent, but more than adequate if
built' within reasonable costs; necessary amenities
should be recognized and permitted.
3. Sufficient funding levels. As stated all amounts
appear low.
4. Encouragement to Tribes to construct and improve
housing with Tribal Members and other Indians, if
at all possible; assistance should be given to
combine meeting housing needs with Tribal economic
development through Tribal enterprise preference,
Indian affirmative action, force..~accoimt usage,
vocational education programs, Department of Labor
initiatives and other creative efforts.
5. A mandate that the BIA provide expert, technical
assistance and reasonable support and administrative
funding as well as the basic funding. BIA staffing
should be experienced and highly-qualified rather
than typical, bureaucratic, high-turnover, over-
staffing patterns. We need people to work with
us, not around or about us. From initial investigat-
ing and preparation of the "Tribal Housing Plan'
through planning, drawing~ financing, construction
and management, BIA staff should be always ready and
capable of helping Indians help themselves.
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288
Hearing - H.R. 5988 Indian Housing Act of 1982
Page 5
6. Sonic reference to present (or future) HUD pro-
grams so as to at all tines coordinate this
legislation with HUD's.
II. As to the Bill's specific provisions, we critique and suggest
as follows:
1. Definition, Sec. 3 (5) "Indian" and Sec. 3 (11)
"Tribe" should be changed to that in Public Law
93-638 and as pointed out by the National Tribal
Chairmens Association in their testimony offered
3/31/82.
2. Definition, Sec. 3 (9) "Standard Housing" should
not necessarily be tied to state, region or county
regulations
standards. More than adequate/are available in
IHS, FmHA, MUD and even BIA pronouncements. The
suggested reference to U.S. Uniform Code(s) is
worth exploring.
As to Sec. 3 (9) (v) "family size per dwelling",
HUD "M.P.S." Chapter 4, Building Design appears
more realistic than as stated in the Bill.
3. Definition, Sec 3 (10) "Tribal Housing Agency"
should read: Means the Governing Body of the
Tribe and/or that entity or administrative unit
of the Tribal Government which has been designated,
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Hearing - H.R. 5988 Indian Housing Act of 1982
Page 6
3. delegated or established by the Tribe to admin
ister a housing program or programs under this
Act. This is in keeping with the recognition
of Tribal Authority to organize and manage its
affairs as it deems necessary.
4. Section 101 (b) and 201 are too restrictive and
further contain no clear-cut guidelines or def i-
nitions of "low income' "extremely isolated cir-
curnstances" or eligibility under Title III, seem-
ingly leaving the latter up to the individually
managed policies of sundry financial institutions.
Flexibility should be permitted to the Secretary,
Tribes and Indians so as to allow choice(s)
among the three titles.
5. Section 101 (c) (3) must be eliminated - Tribal
Sovereignty must be recognized and enhanced by this
Bill. Sec. 101 (c) (1) must be amended to include
involvement by the Tribe, even if only some kind of
Tribal right of first refusal in the event the Tribe
is not in a position toinanage an agreement with the
BIA.
6. Section 102 (a) should also allow enlargements and
additions to standard housing; responsible people
should not have to wait for deterioration to make
improvements which enhance living conditions, parti-
cularly where family. sizes increase and needs multiply.
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290
Hearing- H.R. 5988 Indian Housing Act of 1982
Page 7
7. Section 104 should specify that certain trans-
actions are not "sales~ such as divorce settle-
ments1intra-family conveyances, with or without
consideration, estate settlements and the like.
Better yet, Tribal Government can define exempt
sales and also approve sales so as to protect
and perpetuate the trust status of the land.
Consideration should be given to reducing the
cost by 20% per year (5 year restriction vs.
10 year).
8. Sec. 202 contains all the seeds of potential
rule-making delay and future interpretation
differances by various administrators. Certain
minimums are stated, but additional features
could be required which would bog down or even
eliminate a less..~than..creative Tribe. At the
very least, funding should be provided for the
adequate yet affordable preparation of these
plans.
9. Sec. 203 (a) funding to aid in application, draw-
ings and specification preparation must be pro-
vided to equalize competitive advantages among
Tribes. Sec. 203 (c) would take on an expanded
meaning in the light of our suggestion in #3
[Sec. 3 (10)] above.
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291
SAUSH & KOOTEtIAI tIOUSItIG AUTHORITY
OF ThE FLAThEAD RESERVATION
TESTIMONY SUBMITTED TO THE
COMMITTEE ON INTERIOR AND INSULAR AFFAIRS
FIELD HEARING - RAPID CITY, SOUTH DAKOTA
RE: INDIAN HOUSING ACT - 1982
APRIL 2~, 1982
RICK FARRELL
EXECUTIVE DIRECTOR,
SALISH & KOOTENAI HOUSING AUTHORITY
FLATHEAD RESERVATION, MONTANA
CHAI RMAN,
NORTHERN PLAINS INDIAN HOUSING
AUTHORITY ASSOC IAT ION
(TRIBAL HOUSING AUTHORITIES IN
MONTANA AND WYOMING)
P.O. BOX 38 * PABLO, MT 59855 * 406-675-4491
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292
Mr. Williams, Members of the Committee:
My name is Rick Farrell. I am here today representing the Salish and
Kootenai Housing Authority and the Confederated Salish and Kootenai Tribes
of the Flathead Reservation. I would first like to extend my appreciation
for allowing us this opportunity to express our views of the Congressional
Bill, providing for a new Indian Housing Program, and for the extensive time
and effort all of you connected with this `Bill' have put forth. It is re-
freshing to behold something positive, for a change, coming from the political
arena in regard to Tribes and Indian people. You and your constituents are
to be congratulated for this endeavor; it reflects a sentiment and concern
that is welcomed at this end.
Whether or not HUD has admitted that they do not wish to continue the
current Indian Housing Program, I think the indicators are obvious.
i.)~ Funding for the 1983 budget;
2.) The proposed recission of the 4000 units
allocated for FY 1982 (and the subsequent
impounding of these funds, if not recinded
by Congress as per the Administration's
request);
3.) The proposed action to recapture any of the
units in prior fiscal years that have gone
unused; and,
4.) Decreased and delayed operating subsidies
for FY's 1981 and 1982.
With figures like these, the outlook for Indian Housing is bleak. The
Certificate System which is The Administration's alternate to a subsidized
housing program, is not a realistic solution for housing assistance on the
Reservations, because of the trust status of the land. This information
points out thra~.-things:
I.) That the HUD Housing Program as it stands today.
(even after repeated attempts to correct pro-
blems and to transfer the total blame for
failure to the Indian Housing Authorities) is
in trouble because of its inability to effect-
ively meet its own expectations and abide by
its own obligations.
2.) That we have been totally omitted from the Ad-
ministration's plans for federal housing assistance,
and have been shown little or no concern in response.
3.) That there is a need and consequent support for
a new Indian Housing Program that will be responsive
to the Indian People and will satisfy a desperate
need for housing in Indian country.
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293
We are therefore endorsing this Bill, proposing the new Indian Housing
Program, and will commit our assistance and cooperation to seeing it
become what we view were the author's primary intents - a Housing Program
more deregulated, locally controlled, and responsive to the housing needs
of the targeted Indian people. The basic concept of the bill reveals con-
siderable and careful preparation and detail and reflects nearly all concerns
I am aware exist in relation to the issue of Indian Housing. In answer to
the burden of over-regulation and complexity of the existing program, the
bill purports simplification on the Federal processing level as well as in
the local management areas. In response to concerns of all kinds with
financial accountability and program integrity, the bill advocates a partial
pay-back system supported by a Tribal guarantee to insure accountability
and responsibility. To cut appropriation hassles and congressional committee
coordination, the program has been filtered down to one administrative agency
with fewer committee contacts for funding reviews. In answer to a program
that for years did not adequately cover the housing needs of certain and
large segments of people on the Reservation, this new program provides a
title of assistance for families of every level of income. Where once we
were limited to specific types of housing assistance and avenues of delivery,
production, and management under HUD, we now have the potential for more
diverse and locally appropriate and discretionary methods. On a whole, the
bill challenges all the problems which we have or are presently experiencing
and incorporates sound and reasonable solutions that should enable us, in
the Tribal housing business, to run a program that accomplishes what it
intended without being eaten alive.
I recognize that the purpose of this hearing is to comment on and re-
view the proposal in question and to provide my views and those of the people
I represent to consider its workability and insure its success, am there-
fore providing an attachment for therecord containing general comments and
an in-depth analysis of the bill to point out items that I feel should be
brought to your attention as possible adjustments or modifications to the
bill before it is enacted.
In conclusion I would like to restate on behalf of our Tribes our support
of the bill and the respectable attitude it is presenting for Indian Housing.
We are encouraged that someone is ultimately concerned that this Program be
continued on the Reservation and will do all we can to assist inthis bill
becoming reality.
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294
TRIBAL COUNCIL
FORT TorrEN. NORTH DAKOTA 58335
Chairman: Carl McKay Councilman: Paul Little
Vice-Chairman: Gertrude Cavanaugh Councilwoman: Bernice Juarez
Secy-Treas.: Jeanette M. Smith Councilman: Frank Myrick
phone 766-4221
STATEMENT OF THE DEVILS LAKE SIOUX TRIBE
REGARDING THE PROPOSED INDIAN HOUSING ACT OF 1982
The attorneys for the Tribe and the Housing Authority have prepared
comments and suggestions relating to the proposed Indian Housing Act
Of 1982 which we attach to this statement and endorse. Mødification
of the* proposed Act on the lines indicated will much improve this
legislation and knsure greater support in Indian country.
The issue that disturbs us most in the legislation is the proposed
lien on trust assets that would result in an undermining of the entire
trust relationship between Indian Tribes/people and the United States.
The proposed Tribal guarantee of participant payments is completely
unacceptable as presently stated. The proposal would set a most
unfortunate precedent that could radically change the relationship
between Indian people and the United States that has slowly developed
over the last two hundred years. As is suggested in our comments
and recommendations, there is a solution to the thorny problem of
collection of rents and mortgage payments which does not alter the
fundamental trust relationship between Indian people and the United
States. We most strongly urge the adoption of another mechanism for
the Tribal guarantee of participant payments than is presently set out.
April 24, 1982
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295
KEY MODIFICATIONS PROPOSED
1. ALL3 PROGRAMS ADMINISTERED BY A SINGLE TRIBAL AGENCY.
In addition to locally administering the Indian Housing
Finance Fund the "tribal housing agency" should also ad-
minister the HIP program and provide local processing for
the Loan Guarantee Program. (Tribal involvement in
approving and processing these loan guarantees is.currently
lacking in the Bill). There exists too much fragmenta-
tion of Indian housing efforts and federal.assistance
should be channeled to one agency to simplify pro-
cedures, reduce costs, and build up expertise. Such
agencies could also be recognized later to administer
existing BUD units.
2. ESTABLISHING IDENTIAL APPLICATIONS AND DEVELOPMENT PRO
CEDURES FOR THE HIP PROGRAM AND THE HOUSING FINANCE FUND.
The Bill may be rightfully holding onto HIP as the pro
gram through which low income housing needs can be add-
ressed, but it fails to update or coordinate its program
procedures and development standards with the new Housing
Finance Fund Program. Again to simplify, streamline and
avoid fragmentation there is a need to match program pro-
cedures wherfe possible. Considerable re-working of Title I
should occur~ so as to repeat application and development re-
quirements contained in Title 1.1.
3.. * RE-DIRECTION FOR THE HIP PROGRAM AND INCREASED FUNDING.
~he proposed Bill provides too little funding for low in-
* come housing. It merely continues the HIP program at its
current almost insignificant funding levels. Though
recognizing the needs of the middle and upper income
population the Bill basically ignores the truly needy.
Obviously it is trying to avoid programs weighted down
* from a Federal perspective with operating subsidies. Yet.
a majority of many reservation populations (particularly*
those in the northern sectors of the country) are unable
to afford home ownership even when subsidies are provided
for all but utilities, administrative expenses and main-
tenance. Additionally, their needs will not be met by
existing BUD housing. Without some modification this Bill
would either induce people into homeownership who cannot
afford it or turn its back on the very low income. There
also remains the issue of whether all Indian communities
want to provide only ownership housing and what effects
this ownership housing has on tribal property practices
* and social customs. The.possibility of using HIP funds
to construct rental units (as well as providing small grants
* *to ownership units) should be placed into the Bill. This
PAGENO="0302"
296
would allow tribal agencies to explore other housing
approaches (including tribal operating subsidies) which
in combination with HIP funds could result in viable rental
housing projects for the very low income. The crisis in
Indian housing and the present consideration of new pro-
grams should not just result in the continuation of current
programs or the mere modification of those programs. An
opportunity exists now to set out a frame work through
which new approaches can develop and evolve which are
innovative and cost effective. The HIP program if ade-
quately funded could provide the structure through which
seed funds or grant monies, when combined with the tribal
and private sector, could produce some new forms of rental
housing. In the meantime the federal government can
be assured that it is not comrniting itself under this Bill
to providing operating subsidies and it can carefully
* review all project applications to insure the ongoing
viability of the particular proposals. For this to have
a chance at being successful an annual funding level of
.at least 90.million dollars is required. To do so without
disturbing the overall funding proposed under the Bill
we recommend reducing initial funding of the Home Financ-
ing Program from 100 million dollars to 40 million dollars.
6. CONCERN AB0U~ GENERAL FUNDING LEVELS. Including adminis-
trative costs in the funding proposals requires an
estimate for these expenses so housing dollars can be
-projected. Additionally, the current proposal appears to
meet only the most minimal Indian housing needs and
there must be a recognition that it will probably only
maintain current conditions arid not improve them. En-
actment of the Bill at funding levels below what is pro-
posed would be insignificant, useless and counter product-
lye. Should such reductions occur there should be con-
* sideration of withdrawing support for the Bill.
5. TOO MUCH WASHINGTON CENTRALIZATION OF THE PROGRAM.
For whatever reason or motivation, the Bill proposes
* extreme centralization and control in one Washington
office with delegation of that authority prohibited.
This ignores the need for and benefits of regional flexi-.
bility and Federal monitoring at the regional or area
offices level. Specifically, approval of applications and
* execution of Project Agreements should not normally be
* * done at the Washington level and the Bill should be*so
modified. *
PAGENO="0303"
297
6. RE-WORKING OF TRIBAL GUARANTEE OF PARTICIPANT PAYMENTS
(HOME FINANCING PROGRAM). Requiring tribal support
to guarantee participant payments is an effective col-
lection device and probably is a necessary prerequisite
to getting the Bill enacted. However, identifying it
as a lien on trust assets is a new and precedent sett-
ing practice that could endanger fundamental tribal
sovereignty and land principles. Instead of specifically
requiring the tribes to pledge tribal assets (which could
include lands) and agreeing to attachment of such property,
why not require the tribes to guarantee collection through
a binding written contract? This would permit the BIA
to recover losses through this agreement.wjthout the
additional consent to a lien on trust assets. This
arrangement would probably make the Bill acceptable to
the tribes. Procedures in the proposed Bill for collect-
* ing from the tribes also needs to be re-wOrked to pro-
* vide more due process than the 30 days' notice proposed.
7. APPLICATION STANDARDS. As proposed the Opplication
* process would penaIi~e tribes who received funding in
* previous years. This should be struck. The only ap-
propriate st~ndards should be need and capability. Com-
petent and successful past administration of the program
should be awarded with continued funding. This would under-
score and enhance local accountability and program efficiency.
8. PAYMENT FORMULA CHANGES (HOME FINANCING PROGRAM).
The percentage charged in this program should be pegged
to the statutory rates charged on HUD units. At the
direction of Congress, MUD will soon impose a require-
*ment of 30% of adjusted income, yet, this Bill establishes
a 20% formula. Varying programs with differing payment
rates merely confuse local administrators and participants.
* Simplification is badly needed in Indian housing programs
and establishment of still another payment percentage
should be avoided. The Bill proposes that a simplified
deduction calculation be used. This is beneficial and
we recommend that this not be eliminated. However, a
modification might be made to in~rease the standard
$3,500 deduction if the 20% formula is raised to 30%.
Also, an additional $1,000 extra utility deduction might
be authorized for projects in northern areas of the Country
where utility costs are substantially higher. *
18-934 O-83----20
PAGENO="0304"
298
OTHER RECOMMENDED MODIFICATIONS
1. The submission of an annual housing plan for each tribe
should be required as proposed, but no approval by BIA
should be insisted upon. Furthermore this particular
provision might be more appropriately placed in Title IV -
* Miscellaneous Provisions. (101(b)).
2. The mechanics of the Home Financing Program as to the
interest of the participants and the homeownership
elements needs tobe addressed and explained more fully.
(Sec. 209).
* 3. The Home Financing Program implies that a minimum in-
come level might be required for a participant's ad-
mittánce into the program, but no further explanation
or definition is made. The program should be establish-
ed or at least administered in a manner to avoid parti-
cipation of people who cannot afford the fixed costs
(utilities, maintenance and administration fee). This to
avoid over-burdening these families as well as preserving
the units. (Title II).
4. The maintenaiZtce reserve concept in the Home Financing
Program is cumbersome and unnecessary. A similar concept
exists in the Turnkey III and Mutual Help programs
and they are unworkable and administratively expensive.
* participants should be held responsible for the mainten-
* ance pure and simple and they should come to understand
like any other homeowner that they should build up their
own reserves. Tribal agencies should be given the right
to terminate participation however whenever appropriate
and necessary maintenance is not performed by the parti-
cipant. (Sec. 214). .
5. There needs to be a definition of "trust funds". Does
this include trust property and land? (Sec. 2(13) as used
in Title II).
6. The funding source for the tenant training program is
unclear. (Sec. 602(b)). *
7. The Loan Guarantee Program requires a service charge or
mortgage insurance premium to be aded to monthly princi-
pal and interest payments. It appears that such ach~arge
is to cover all costs and expenses of the program. This
could be a very sizable amount to the point of negating
the marketability of the program. Are there projections
or estimates for these charges? `Could not the Bill simply
permit BIA to determine this issue by using the words
"The Secretary may fix such premium...". (Sec. 304).
PAGENO="0305"
299
8. Under the proposed HIP program funding levels are inad-
equate to meet low income housing needs and must be in-
* creased. (Sec. 105).
9. Placing in the Bill a requirement to put units under
construction or acquisition contract within one year is
overly restrictive and as a statutorily fixed standard `is
unreasonable. (206(c)).
10. Administrative charges should be set by the tribal agency
and not BIA if local management and accountability is
* to. be encouraged. (210(1)).
11. Bonding requirements in the Bill are inappropriate.
The Bill should only require surety protection satisfactory
to the Secretary. This would allow more proper and
flexible requirements to be set by BIA. (213).
12. The section regarding sale of a house under the Home
Financing Program (in actuality an assignment of `the
* purchase agreement) should only require the approval of
the, tribal agency. Furthermore, this section should not
refer to an~undefined and unexplained amortization schedule,
* but rather allow the BIA to establish administratively.
repayment or compensation requirements. (Sec. 216)
13. A Tribal Housing Agency shoul¬ be required by defin-
ition to "bind the tribe" but allow as an option the
use of separate housing authorities ifthe tribes so
chose, insulating the tribes for any liability other than
* specific tribal guarantee prescribed in the Bill. (Sec. 2(10).
14. Tribes should not be forced to open their programs up
to non-enrolled Indians. . Yet the Bill's definition sections
seems to so require. (Sec. *2(5)). * . . . . . -
PAGENO="0306"
300
TESTIMONY OF THE ASSINIBOINE AND SIOUX TRIBES
OF THE FORT PECK RESERVATION ON THE
INDIAN HOUSING ACT OF 1982
AT
RAPID CITY, SOUTH DAKOTA
ON
APRIL 24, 1982
Mr. Chairman, and members of the committee. My name is
Caleb Shields, a member of the Tribal Executive Board of the
Assiniboine and Sioux Tribes of the Fort Peck Reservation. I
am happy to appear before you to present the Fort Peck Tribes'
views on the Indian Housing Act of 1982.
You and your committee are to be commended for introducing
legislation which continues a federal program of housing assistance
to Indians. The proposed legislation provides a more comprehensive
housing program than is presently available under the BUD Indian
Housing Program in that it provides assistance for three separate
Indian income groups - including the means for middle income
Indians, living on trust land, to finance housing from the private
market.
The Fort Peck Tribes generally support the legislation. How-
ever, we also wish to briefly discuss some concerns we have about
the Indian Housing Act of 1982.
First, we are concerned that Title I only authorizes an appro-
priation of $30,000,000 to provide for repairs, renovation and
construction. The proposed level of funding authorized by the
legislation must provide for sufficient funds to continue a viable
Indian housing program. Substandard housing is rampant on reserva-
tions and housing repair and construction is urgently needed. Title
I funds are insufficient to provide anything more than a skeletal
program.
Second, Title I provides grants to finance "major repair or
construction." (Sec. 102(a) (2) and (3). The definition of major
repair or construction should be more clearly defined in the legisla-
tion (for example - an amount over $10,000 or $15,000) because the
bill provides that a lien may be placed on fee land when major repair
PAGENO="0307"
301
Testimony of the Assiniboine and
Sioux Tribes by Caleb Shields
Page 2.
or construction occurs. (Sec. 103(b). As you know, a lien makes
a property subject to foreclosure and sale in case of default and
smaller grants for repairs or construction should not subject the
property to this risk.
Third, Section 104 provides for the sale of houses acquired
or repaired pursuant to Title I. At present when a house is
to be sold the legislation grants the tribe the right of first
refusal when the housing is located on trust land. We suggest
that tribes be given the right of first refusal on property
located on either trust or fee land in order to increase tribal
control of our Indian communities.
Fourth, the Fort Peck Tribes strongly opposes the Secretary's
right to attach tribal trust funds held by the United States in
the event of default by the Tribal Housing Agency. (Sec. 205).
This provision waives tribal sovereign immunity and permits tribal
trust funds held by the government to unilateral seizure. Tribal
trust funds should not be held hostage to the failure of a Tribal
Housing Agency to repay obligations to the Indian Housing Finance
Fund. This provision should be deleted.
Finally, we urge that nothing in the Housing Act be construed
to prohibit a Tribal Housing Agency from participation in the
housing programs of other government departments and agencies.
Thank you for the opportunity to appear today on behalf of
the Fort Peck Tribes. We stand ready to assist you in any way
we can to assure continued assistance for urgently needed Indian
housing programs. I will be happy to answer any questions you may
have.
PAGENO="0308"
302
House Resolution Ntither 5988 entitled "The Indian Housing Act of `82"
purports to offer an alternative in the event of the denise of the HUT)
public-assisted housing progran; Fran a tribal viewpoint, the proposed
legislation is very attractive, with the exception of the provisions
outlined in Section 205 of Title II. This section authorizes the Secretary
of the Interior to attach any and all funds held in trust by the United
States for the benefit of any Indian or Indian Tribe when said Indian or
Indian Tribe fails to make payment if full for their housing obligations.
This clause, in effect, eliminates the tine-tested legal principle that trust
funds cannot be touched. Not only would tribal inccme be subject to
seizure, but also any other funds held by the United States in trust, in-.
cluding judgment funds fran lands claims
The Winnebago Tribe of Nebraska views this legislation as just another
veiled attanot to circuavent the Bureau's obligation ta protect tribe s
trust properties.
There can hr little doubt, considering the nearly 757~ unesployment rate on
the Winnebago Reservation, that tribal and individual trust funds would
ultimately be seized, pursuant to section 205. If the purpose of the
legislation is to seek a remedy for the high rate of non-payment, then why
not attack.the problem at its source, and atteipt to provide increased
employment opportunities, rather than chip awoy at the very fabric of tribal
sovereignty. According to a 1980 housing survey conducted on the Winnebago
Reservation, less than IF of the population cwn their ewn bane.
WINNEBAGO TRIBE of NEBRASKA
April 21, 1982
Committee on Interior and Insular Affairs
U.S. House of Representative
Washington, D.C. 20515
PAGENO="0309"
303
Ccmsittee on Interior and Insular Affairs
Page 2 coot.
HR. 5988 would provide lOO7~ loan guarantees to those vfno would attempt to
purchase. In spite of the liberal payment provisions in the bill, it is
not difficult to forecast, because of high unemployment, that purchasers
woold default eventually.
At that point, the government ~ruld attach the very things, that under
treaty and two hundred year old case law, it is bound by a fiduciary duty
to protect Clearly, this is unconscionable and cannot be allowed to
happen.
PAGENO="0310"
304
Prepared statement of the Blackfeet Tribe of Indians presented~
by Leland Ground, member, tribal council -
IT GIVES ME GREAT PLEASURE TO OFFER THE FOLLOWING TESTIMONY IN SUPPORT
OF H.R. 5988 (Resolution will be forth corning). PRESENT WITH ME TODAY ARE;
DON PEPION, DIRECTOR OF THE BLACKFEET HOUSING DEPARTMENT; GEORGE WIPPERT,
DIRECTOR H.U.D. PROJECTS FOR THE TRIBE, IRVIN SPOTTED EAGLE, DEPARTMENT OF
NATURAL RESOURCES, OFFICE OF NATURAL RESOURCE DEVELOPMENT AND MYSELF, LELAND
GROUND, MEMBER OF THE BLACKFEET TRIBAL COUNCIL,CHAIBNAN OF THE NATURAL
RESOUCES, MINERAL COMMITTEE,COUNCIL DELEGATE TO THE BLACKFEET HOUSING
AUTHORITY, AND DELEGATE TO THE MONTANA INTER-TRIBAL POLICY BOARD.
THERE IS NOW CREATED AND IN THE IMPLEMENTATION PHASE, A DEPARTMENT OF
HOUSING FOR THE BLACKFEET TRIBE. ALL HOUSING FUNCTIONS, INDIAN ACTION
TEAM FUNCTIONS AND CENTRAL MAINTENANCE ARE HOUSED WITHIN THIS DEPARTMENT,
COMMUNITY DEVELOPMENT BLOCK GRANTS ARE CURRENTLY BEING ADMINISTERED THERE
ALSO. THE DEPARTMENT IS MANDATED TO ADDRESS THE FUTURE AND CURRENT NEEDS
OF THE RESERVATION (See attached Reservation overview)
THE BLACKFEET TRIBE IS IN AN ON-GOING PROCESS TO UPGRADE IT'S MANAGEMENT,
FINANCIAL, AND TECHNICAL CAPABILITIES TO ADDRESS THE NEEDS OF THE PEOPLE OF
THE RESERVATION.
TO SPEAK OF THE HOUSING SITUATION FOR ALL INDIAN TRIBES, IS TO ACTUALLY
ADDRESS MANY ASSOCIATED PROBLEMS THAT REFLECT THE INADEQUACEY OF THEIR WELL-
BEING. INDIAN TRIBES AND ESPECIALLY, MY TRIBE ARE NOT IN THE CONDITION THAT
WE WANT TO .BE IN. THE BLACKFEET DO NOT WANT TO BE DEPENDANT ON THE U.S.
GOVERNMENT FOR EVERY SINGLE NEED. THE BLACKFEET ARE REAL PEOPLE, PROUD, WITH
AN ABUNDANCE OF NATURAL RESOUCES AND A PRISTEEN ENVIRONMENT. WE ARE IN A
DEVELOPING PERIOD OF TIME WHEREBY EVENTUALLY, DEPENDANCY WILL BE OVERCOME
BY SELF-SUFFICIENCY.
PAGENO="0311"
305
INDIAN TRIBES ARE ~ UNIQUE IN THEIR OWN SITUATION~'1jJT ARE SO MUCH
ALIKE t~1EN TH~ 5~~(E COMMON MAJOR PROBLEMS, SUCH AS HOUSING. IT IS OUR
~ 5988 PASSES, AS IT WILL ADDRESS THE HOUSING PROBLEMS OF OUR TRIBE
AND WILL ENABLE THE DEVELOPNgNT OF A COOPERATIVE EFFORT OF ALL TRIBES TO
FIND THE SOLUTION TO THEIR HOUSING NEEDS. TO DO THIS WE FEEL THAT AN ECONOMIC
TRADE RELATIONSHIP MUST BE STARTED AMONGST TRIBES. AN ACT AS A RESULT OF
HR 5988 COULD PROVIDE A VEHICLE FOR TRIBES TO ENGAGE IN AIDING AND HELPING
THEMSELVES IN THE PERSLJIT TO FINDING SOLUTIONS TO THE HOUSING AND ASSOCIATED
PROBLEMS.
The Blackfeet are very positive in their thinking and beleive
that with the assistance of the federal government, they can eventually
manage, control and finance the housing industry needed on the res-
vation for employment purposes as well as housing needs. That stability
is apparent by the following facts.
1. We have developed a Centralized accounting
system with IBM 34 Computer Capability
2. We have developed a records management
Department with IBM information processor
capability.
3. The Natural Resource Department consisting
of Oil and Gas functions Timber Assessment
and nonitoring are tied in with the Cen-
tralized IBM Computer.
4. We have consolidated all Hou~3ñ~develop-
~nt. functions under one Housing Department.
This also~includes the Community Development
Block Grant pro~cess. The Indian Action team
and the centralized~biiilding maintenance team.
PAGENO="0312"
306
S SS~~S
The languag~~of the Bill must contain enou~h flexibility to
allow Indian Tribes to help themselves.
The language of the bill as well as the intent is clear. ~
Blackfeet Tribe is concerned about the development of the rules and
regulations to implement the Bill. At all times we feel that we
should have an opportunity to provide input regarding all aspects,
so that the Bill as well as the implementation is designed to assist
the tribes as much as possible.
The intentions of Congress are honorable and the Bill possess
great possibilities to address Indian Housing needs. The Blackfeet
Tribe feels the following should be addressed:
1. As the tribes Develop Housing plans and mechanisms and
the mobilization of their Natural Resources i.e. timber.
We would like the Department of the Interior to develop
concurrent plans and emphasize Tribal goals and objectives.
2. Should this Bill be administrated through the Bureau of
Indian Affairs, We request that oppropriations be kept
seperate from the Zero-Base Budgeting process. That the
Discretion to utilize funds be placed mainly through the
Tribal Housing plans.
3. That a formula, denoting factors identifying which tribes
will be the recipient be developed so as to allow fair-
ness in distribution.
4. That Economic Development in relationship to the housing
industry be (i.e., Saw mills, Log home projects, masonry
development. etc) considered a Vital part of assisting Tribes
with multiple problems.
PAGENO="0313"
307
5. Tribes will be kept aware of funding for Indian Health
Service and also that additional funding be provided
IRS for increased water and sewer development and services.
6. That emphasis of P.L. 93-638 be utalized to enhance the
Tribes Economic Self-sufficiency. In doing so many aspects
of the individual Tribe's capabilities can be developed.
Which may include but not be limited to the following:
a. Managment & finance
b. Utilization of tribe's own Natural Resources to
control costs of Housing development. (i.e.,
conversion of Timber into lumber or log homes.
Masonry type material is found on the reservation
and has been utilized in the past.
c. Where one tribe lacks the resources trades may be
made to provide essential materials for those tribes
to work with. (This is called specialization)
7. That Emphasis on individual family self sufficiency be fore
most. A good example is: Many families are clustered in
Urban centers which makes them dependent on that economy
of that town or center. Should a house be placed on suitable
land the family could raise food to offset food expense.
Juvenile and other Law and Order problems arise as you
put rural people in urban settings.
8. Appropriate technology be considered and utilized in the
construction and designing of housing.
9. That proven track records of development be considered in
the design and development of houses.(i.e. A & E designs
and acquistion concepts as well as force account.)
PAGENO="0314"
308
10. That energy issues be addressed appropriately as they
relate to housing.
11. Minimum standards and acceptance of Tribal Building Codes
he developed for each tribe.
12. That consideration of seasons be vital in the implementation
of housing development projects.
The Blackfeet Tribe consistent with the language of the Bill
has adopted the following approach after the implementation of the
Housing department. This will enable and enhance the tribe to develop
a healthy housing industry and also to control development costs.
I. Develop Tribal Timber/Housing Industry
Phase I. Assessment of Timber & other Building Material.
Phase II. Labor Assessment.
Phase III. Natural Resource Development.
a. classify by product
b. develop feasibility or
criteria screen.
Phase IV. Administrative Assessment
Phase V. Management & Financial Assessment.
Capitalization toward Economic development is essential and
necessary in order to allow Tribes to help themselves.
Full passage is requested and the Blackfeet Tribe will be
ready to assist in any way possible.
PAGENO="0315"
309
OVERVIEW-OF--HOIJS INC-NEEDS
The reservation is bordered on the West by Glacier National
Park the North by Canada and the South by Lewis and Clark Forest.
The reservation has a variety of Timber species with an annual
allowable cut of 4.1 million board feet.
The Blackfeet have begun to mobilize their personnell, equip-
ment and efforts into providing clean safe adequate housing for the
future needs of the reservation. We are concerned whether or not
we will be able to meet those demands placed on us. Each year the
need for permanent and temperary housing increases. The winters are
unpredictable and are often severe, increasing usual and complex
problems associated with health i.e. ability to heat homes, water and
sewer problems, illnesses, and poor diet. Employment is seasonal
with a large dependency on the housing industry for jobs as well as
generating income locally as well as state wide. Federal dollars
do not entirely stay on the reservation economy but multiply to
segments of other economies that provide needed equipment materials,
technical expertise etc. More and more members of the tribe return
to the reservation setting each year. Tribal population is 13,000,
while 6500 members reside on the reservation. While population
growth in the nation is down for the reservation it has increased
~"~mensely. Schools are becoming over crowded. We have 9 elementary
schools, 1 Jr. High, 1 High School and a boarding school that provides
substantial living quarters for 100 students. A combined juvinile and
child abuse center as well as a detox center that provides lodging
PAGENO="0316"
310
for many street people. We have a waiting list of 320 people for low
rent and 160 people for mutual homes. Substantial numbers of
young couples with young families are in search of their own houses.
Most have to rely on staying with parents or relatives. It is not
uncommon to find multiples of families occupying the same house.
These cases are well documented. 25~ of existing housing is in the
form of trailer houses. These usually experience damage by high winds,
below freezing temperatures or fire by out dated wiring. Houses
provided in 1964 as a result of a massive flood were designed to last
for a period -of 10 years. Incidents of fire is always fearful as
loss of life as occured has a result of fire. These types of houses
have burnt in a matter of minutes.
PAGENO="0317"
TABLE Il-I
RESERVATION SUMMARY
ACREAGE OF MAJOR COVER TYPES BY OVEERSHIP CLASSES
(As of October, 1976)
Major Tribal Allotted Tribal Allotted TOTAL
Cover Trust Trust Fee Partial INDIAN
Type Lands Lands Lands Fee Lands LANDS
Sawtimber
Virgin 25,039 5,932 879 322 32,171
Cutover 1,250 34 46 - 1,330
Inaccessible 780 657 19 31 1,487
Pole, seedling, sap1in~
Virgin 11,758 3,449 125 529 15,861 `
Cutover 2,805 29 - 1,834
Inaccessible 677 419 27 45 1,168
Hardwood1'
Commercial site 15,622 29,584 2,044 1,924 49,173
Inaccessible 531 21 20 572
Scrub Timber 5,117 5,378 126 203 10,824
Unstocked
Cutover 1,434 241 143 - 1,818
Other Commercial site 1,157 447 53 , - 1,657
Non-Commercial site2' 691 598 55 9 2,353
Non-Forest 27,472 60,983 3,155 2,940 94,550
TOTAL, ALL CLASSES 93,332 107,771 6,692 6,003 213,798
1/Although included in the commercial forest the Hardwood Component was not included in the AAC
Computations.
2/Includes scrub timber site and inaccessible.
PAGENO="0318"
TABLE 11-2
MANAGEMENT UNIT I SUMMARY
ACREAGE OF MAJOR COVER TYPES BY OWNERSHIP CLASS
(As of October, 1976)
Major Tribal Allotted Tribal Allotted TOTAL
Covcr Trust Trust Fee Partial INDIAN
Type Lands Lands Lands Fee Lands LANDS
Savtirnber
Virgin 24,180 4,650 866 179 29,875
Cutover 1,250 34 46 - 1,330
Inaccessible 641 352 1 26 1,020
Pole, seedling, sap1~g
Virgin 11,133 2,571 123 241 13,068
Cutover 1,805 29 - - 1,834
Inaccessible 377 70 5 - 452
Hard wood1
Cormncrcial site 14,432 21,981 1,715 1,284 39,412
Inaccessible 531 21 20 - 572
Scrub Tirrbcr 4,250 1,122 105 20 5,497
Unstocked
Cutover 1,434 241 143 - 1,818
Other Cozrrnercial si5~ 869 44 - ,- 913
Non-Commercial site 503 30 - 9 542
Non-Forost 23,988 34,377 2,231 781 61,377
TOTAL, ALL CLASSES 85,393 64,522 5,255 2,540 157,710
1/Although included in the commercial forest the Hardwood Component was not included in the AAC
Computations.
2/Includes scrub timber site and inaccessible.
PAGENO="0319"
TABLE 11-3 1/
MANAGEMENT UNIT II SUMMARY
ACREAGE OF MAJOR COVER TYPES BY OWNERSHIP
(As of October, 1976)
Major Tribal Allotted Tribal Allotted TOTAL
Cover Trust Trust Fee Partial INDIAN
Type Lands Lands Lands Fee Lands LANDS
Sawtlmbor
virgI~ 859 1,281 13 143 2,296
Cutover - - - - -
Inaccessible 139 305 18 5 467
Pole, Seedling, Sap~4~~
Virgin 625 1,878 2 288 2,793
Cutover - - - - -
Inaccessible 300 349 22 45 716
Hardwood
Commercial site 1,189 7,603 329 640 9,761
Inaccessible - - - - -
Scrub Timber 867 4,256 21 183 5,327
Unstocked
Cutover - - - - -
Other Commercial site 288 403 53 - 744
Non-Commercial site2' 188 568 55 - 811
Non-Forest 3,484 26,606 924 2,159 33,173
TOTAL, ALL CLAS,5ES 7,939 43,249 1,437 3,463 56,088
1/Although acreage data of Management Unit II is included here in summary, no AAC was computed
since the 1976 Forest Inventory did not cover Management Unit II.
2/Includes scrub timber site and inaccessible.
PAGENO="0320"
All Fir and WB Pine
Ages 1-2
Ages 3-4
All Ages
Acreage does not include unstocked.
BMCKFEET 1976 INVENTORY
VOLUME SUMMARY
MANAGEMENT UNIT I
ROARD FOOT VOLUME
TABLE 11-4
ALL TIMBER TYPES
VIRGIN & RESIDUAL
~sc r~ II,
TOTAL 46,107 `~ ACRES
Species Age Class
Douglas-fir 1-2
Douglas-fir 3-4
All Douglas-fir
Lodgepole Pine 1-2
Lodgepole Pine 3-4
All Lodgepole Pine
Engelmann Spruce
Engelmaflfl Spruce.
All Engelmann Spruce
Alpine Fir &
NB Pine 1-2
Alpine Fir &
NB Pine 3-4
Gross Net
Vol/
Gross
Vol/
Ac
Volume
Dot
Volume
AC Volume
1,664,462.7
60.9
854.1
2,807,916.3
39,379,988.7
9.05
14.70
2,553,799.9
33,591,130.4
200.98
9,266,584.9
915.0
42,187,905.0
14.32
36,146,597.0
237.08
10,931,047.6
195.1
1,486.5
1,681.6
8,995,475.7
68,538,055.5
77,533,531.2
10.46
15.28
14.72
8,054,548.9
58,065,440.6
66,120,595.4
262.61
620.08
882.69
l~2,l08,l59.3
28,590,028.6
40,698,187.8
137.6 .
2,128.1
6,344,323.2
98,120,306.7
4.83
8.51
6,037,892.4
89,770,268.6
76.53
538.60
3,528,568.7
24,833,230.2
2,265.7
104,464,629.9
0.29
95,804,512.1
615.13
44.99
28,361,798.9
2,074,353.9
30.2
1,392,431.4
17.00
1,155,718.1
580.2
26,751,281.4
26.67
19,616,714.7
311.67
14,370,168.7
610.4
28,143,712.8
26.20
21,051,497.2
356.66
16,444.522.6
423.8
5,048.9
19,540,146.6
.232,789,632.3
8.89
13.64
17,803,027.6
201,037,126.5
420.23
1,671.33
19,375,544.6
77,060,012.3
1/Acreage as of~October~ 1976.
~--,~-
PAGENO="0321"
315
Prepared statement of the Rosebud Sioux Tribe presented by
Carl Wain, chairman
Mr. Chairman and members of the committee, my name is Carl
Waln, chairman of the Rosebud Sioux Tribe, Rosebud, South
Dakota.
We would like to thank you for giving us the opportunity to::
participate in this hearing regarding the Indian Housing Act of
1982. It is obvious to us that a great deal of thought, research,
and hard work have gone into the development of this bill. We
are happy to be able to make some comments and some recommenda-
tions regarding. II.R. 5988.
In general, we view the contents of this bill as a
positive attempt to provide a comprehensive Indian Housing
Program. The three programs described in Titles I, II, and
III appear to make it possible for Indian families who are
otherwise unable to secure adequate housing to obtain the
necessary financial assistance to do so. Without these programs,
there will be no other way for our Tribalpeople to get housing
now that MUD will no longer make the development of new housing
units available to Indian people.
Currently, in our housing office there are 2,288 appli-
cations on file of families needing immediate housing. This bill
would seemto provide for the variety of housing needs that are
neededby our higher income families--this does not consider the
needsof the elderly, handicapped, and traditional people that
are very low income and have not beel reached yet; However,of
great concern to us is the meaning of section 205 as it relates
to the use of trust funds to guarantee pay back of funds
obligated under Title II. We believe our Tribe can come up
with a plan by which payment can be made without use of trust
funds. We recommend that section 205 be rewritten or removed
from this bill completely.
In regard to Title IV of this bill, we completely support
section 4OlCa) and (b) which eliminates the bureaucracy and red
tape which Indian people have had to live under in the past years.
We like the idea of having an Office of Indian Housing under
the immediate supervision of the Assistant Secretary of the
Interior for Indian Affairs. Having this kind of orgalization
will allow the Tribes and our housing office to get faster,
more knowledgable responses and services that have been impossible
under the current organization and procedures.
In section 401(c), although we can appreciate the concept
and recognize the need for assuing administrative expenses of the
Office of Indian Programs, we have some reservations regarding
the use of Title I and II moneys appropriated under this act.
Perhaps administrative expenses or preferably an additional
amount could be appropriated for this purpose.
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316
We support section 402 with the following modifications:
1. We would like to recommend changes in regard to the training
program. This should not only allow for staff training for
the people who work with families. Staff training should
also be included for the entire administrative staff and
Board of the Housing Authority.
2. Under "C", funds f or technical assistance and training should
be separate. Funds for technical assistance should be higher
during the first few years of this program but the cost would
diminish as a Housing Authority becomes more skilled, but by
no means should technical assistance be eliminated. In other
words, we agree that botf tecnical assistance and training
programs should be funded, but we believe that 1 percent of
$280 million which equals $2.8 million is not sufficient for
both.
In conclusion, we would like to state our admiration of
Representative Udall for his support for continuing funding for
HUD, but we would like to recommend that this bill take preference
over the continuation of HTJD's housing development program for
Indian families.
We would like express our appreciation to the Congressmen
and to this committee for their commitment and concerl forour
Indian people in sponsoring this bill, Representative Udall has
shown that he truly has faith in the credibility of Indian Tribes
and we believe this bill is giving the Indian Nation the opportunity
for true self-determination.
Written testimony will be submitted to the committee at a
later date stating the Rosebud Sioux's Tribe's recommendations
for amendments and modifications. Thank you.
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317
TESTIMONY
OF THE
STANDING ROCK SIOUX TRIBE
Mr. Chairman: We are sincerely pleased that you have asked the Standing Rock
Sioux Tribe to testify on H.R. 5988, the "Indian Hot sing Act of 1982".
We want to commend you, the members and the staff of the Committee for your
concern for the housing needs of Indian people.
My name is Pat McLaughlin, duly elected Chairman of the Standing Rock Sioux
Tribe. I have with me the entire Health, Education, Welfare and Housing
Committee of the Tribal Council; Mrs. Phyllis Young and Renee Yellow of the
Standing Rock Housing Authority, who have spent countless number of hours
going over your proposed Indian housing legislation.
Our position will not be in favor or against the bill; however, we will
address questions which we have that are unanswered.
First of all, I must briefly acquaint you with the Standing Rock Sioux
Tribe. We have a population of about 6,300 Indian people living on the
reservation with an additional 2,500 Indian people living near or adjacent
to the reservation. At present, our real unemployment rate is hovering
around 90% with virtually no industry on the reservation which is comprised
of 2.3 million acres of land with about 800,000 acres of tribal and/or
allotted lands.
Your Committee's concern on Indian housing is well founded. The Committee
is all too familiar with the incredible state of Indian housing nationwide
and the negative statistics are evidenced at our reservation as well.
Our general position on the bill is one of apprehension. The relationship
that Indian tribes have with MUD is similar to the often described love!
hate relationship with the Bureau of Indian Affairs. Our apprehension
about the bill could be crudely described as wondering if we are not go-
ing from the frying pan into the fire.. .but due to the fact the winters
are very cold in the Dakotas, we would like to be in one of the two.
We must really question if the BIA is capable of operating this program.
The Standing Rock Sioux Tribe would prefer that MUD continue to operate
the Indian housing program. We would like to force, through legislation
if necessary, significant changes upon MUD hat would make that agency
PAGENO="0324"
318
more responsive to the needs of our Indian people. However, we realize
we are like an unwanted child at HUD and that the program might be cut
out. If that is the case, we agree that there should be an alternative
in place. We would therefore like to address some specific concerns we
have with H.R. 5988 and ask some questions:
TITLE I
$30 million is simply and factually an insufficient amount of money to
meet the needs of the number of people who would qualify for assistance
under this section. We request that the authorized level for Title I
be increased ;o $60 million.
TITLE II
In Section 202 we are wondering where the funding will come from for the
Tribe to prepare what will be a fairly comprehensive housing plan. We
suggest an amendment to Section 402(a) that will not just allow the BIA
to provide technical assistance to tribes in preparing these plans but
that allow for financial assistance to the Tribe to prepare the housing
plan. We also feel it would be wise to ensure that the tribes have
available to them funding for contracting the services of architects to
perform the services envisioned in Section 203. We question if the
language in Section 203(b)(l) might not inadvertently punish those
tribes who have performed well in previous fiscal years.
As the Committee is aware, we have problems with Section 20c. Indian
tribes often have only two things of value: land and trust assets.
We do not want to put up our trust assets and gamble that they might be
lost. This could set a very negative precedent. Never before through
statute has anyone suggested that trust assets be compromised in such a
manner. We do not think it's time to start. We urge that Section 205(a)
and (b) and 209 (b)(4) be stricken from the bill. This bill makes pro-
vision for the situation where a family not paying the agency what it
has agreed to pay may be taken to Tribal Court and we feel that this is
sufficient to legally protect the agency and guarantee payment.
Section 209(b)(l) needs to be clarified to make clear what lands this
relates to. We assume this was intended to refer to the immediate lands
PAGENO="0325"
319
on which the house (lot) sits; however, this is not stated in Section
209(b)(1). As presently stated, this section could allow an agency
~`/ ~4 ;~- `~
to require that a family ~ to the agency.
Section 209(b)(3) requires the homebuyer to pay all utilities and main-
tenance and in Section 210, the family is asked to pay administrative
charges, insurance premiums and a contingency reserve for maintenance.
We really question whether people eligible for assistance under Title
II will be able to pay all these costs. In the winter months on our
reservation, utility bills can easily be $500 and more per month. HUD
presently subsidizes the families cost in this area. We think people
will hold back on their administartive charges and this will result
in the agencies going broke and having no operating expenses. When
you add up utility charges, administrative charges, insurance premiums,
a contingency charge for maintenance and 20 percent of adjusted family
income, it will in many cases total much more that the 30 percent of
income that BUD is proposing to charge. We suggest that either an
additional provision be added to this bill authorizing appropriations
for the housing agencies or that Section 3(1) of Title I be amended
allowing for a utility allowance adjustment in the definition of
"adjusted family income".
We feel obliged to point out in reference to Section 211 dealing with
residual receipts that the tribes are being asked to do something
that BUD has never been able to accomplish; that being the collection
of residual receipts. We feel this is a serious issue because of the
contribution of residual receipts to the fund.
We have some concerns with Section 302. We are all familiar with how
much Indian land was lost in the early part of this century when lands
were parcelled into allotments and through various schemes lost by
Indian people forever. This could happen in Section 302 and we must
oppose any situation which could result in such a loss.
We are very apprehensive about the ability of the BIA to operate such
a large scale financial loan guarantee program. We would therefore
request that the Congress do all in it's power to oversee this program
PAGENO="0326"
320
and ensure that the Bureau remains accountable.
Politically we question whether this bill will fly in Congress. Will
Congressmen Gonzalez and St. Gerinaine of the Authorizing Committee
and Congressman Boland of the Appropriations Committee be willing to
give up this turf? The same must be asked of Senators Garn and Lugar.
This is a lot of money for these Subcommittee and Committee Chairmen
to give up to the Interior Authorizing and Appropriating Committees.
We need to get a clear message from these and other congressional
leaders. If Indian Country keys it's efforts to support H.R. 5988 and
let HUD cut out the Indian program, we would be faced with disaster if
H.R. 5988 then did not pass Congress, with funding and/or was vetoed
by the President.
Our final recommendation is that the bill be amended in the appropriate
section to allow for the construction of group homes. There is often a
need for group homes for youth, for elderly and for people with alco-
holism related problems. This bill presently does not authorized the
consturctiOn of such homes and no other agency will either. We feel
this would be an important and cost effective expenditure.
Mr. Chairman, the concludes our comments. Again, we thank you for your
attention and concern for Indian housing and we would be glad to answer
any questions you may have.
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321
TESTIMONY HR 5988
CROW TRIBE
Nay it please the Hearing Committee.
My name is Pat Stands and I am Chairman of the Crow Tribal Housing
Authority. Also here with me today is Arthur Plenty Hawk, Executive Director
of the Crow Tribal Housing Authority. We are here today, not only representing
the Crow Housing Authority but also the Crow Tribe.
First, if I may, I would like to express my appreciation and sincere
thanks for being invited here today to participate in this hearing on the
bill designated HR 5988. I know other members feel likewise.
With that introduction, Mr. Chairman, I would like to get right
into my statement. May I proceed?
I will submit a copy of my statement for the record.
Like other Montana Indian Tribes, the Crows first heard of HR 5988
at a meeting held in Billings, Montana on April 6, 1982 and after discussing
it among ourselves, we are very much in favor and would like to lend out
support in seeing this bill become law.
It seems that at best, the office of Regional Indian Programs,
Department of HUD, future is a-be.s4 uncertain. And this is especially
untimely since at Crow - and other Indian Tribes probably have the same
problem - the demand for housing has always out-distanced the supply.
Perhaps I could be wrong but I feel that adequate shelter is basic in the
beneficiary trustee relationship created by treaties entered into between
Indian Tribes and the United States Government. The fact that 40% of all
Indian housing is sub-standard as compared to the national average figure
of 12% is a sad statistic.
In an analyzing HR 5988, it is felt that its major strong points
PAGENO="0328"
322
are:
(1) Particularly with so-called Reganomics which to our understanding
stresses involvement by the private sector of the economy. This bill will
attempt to marshall, not only public, but also private resources. (Incidently,
however, I might add that my ancestors signed treaties with the United
States Government).
(2) The bill is simple and straight-forward and it somewhat of a
conglomerate of housing programs established for Indians but existing under
different departments of the government.
(A) Under Title I , for example, it is my understanding
that this program is designed for persons who do not qualify for the other
programs under Title II and III. Therefore, the recipients benefits under
Title I will be in the very low income category and therefore, I would
assume the major emphasis of this program will be the grant portion. I
think this is good since Indian people simply do not have money in many
cases and the economy on many reservations is certainly not improving. As
far as the 30 million dollars being appropriated for this Title for FY-83
while this sounds like a lot of money, I think the figure and request should
be closely scrutinized and perhaps more will need to be requested.
(B) Under Title II, it is my understanding that this will
constitute the direct loan program. One concern that I do have is in regards
to the criteria that will be used to establish priorities in identifying
Indian Tribes that will receive houses. Under the existing program, for
example, some tribes have faired better than others regarding the overall
housing programs and perhaps some consideration should be given to this.
I am not sure why this is so. A coment regarding this area would be that
if, in fact, Indian Tribes are going to allow the Secretary of Interior
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323
to attach tribal trust funds, this must be very clear to the entire tribe.
It would seem to me to be rather unfair for housing recipients to be able
to jeopardize non-participants share in tribal trust monies.
The provision allowing Indian families to use this program to make
a down payment on housing is very good. I would hope that this could be
done in communities not technically on the reservation but adjacent to
the reservation.
(C) Regarding Title III, this establishes the guarantee program
and is the effort to marshall private resources. I believe this is somewhat
analogous to the Small Business Administration's guaranteed loan program.
With a 100% guarantee, I am sure this will become very attractive for lenders
in the housing area, however, it can have adverse effect whereby with the
protection of this guarantee, the valid credit criteria tends to be ignored.
(3) Another strong point is placing Indian Housing Programs under
one agency. Presently, the B~A has an Office Regional Indian Program,
HUD has a program and Indian Public Health Service is supportive in regards
to sewer and water. Needless to say, it sometimes becomes very difficult
to coordinate all these three governmental agencies in the housing construction
effort on Indian Reservations.
(4) L foresee Indian Tribes taking a very strong and dominant role
in this area if this bill is enacted into law. Presently in place are the
Housing Authorities and these could be very well serve as the agency.
Furthermore, P.L. 93638 will permit tribes to contract this program if
they feel that they should. In otherwords, much of the ground has already
been laid for this type of bill.
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324
Lower Sioux Indian Community
POST OFFICE BOX
MORTON MINNESOTA 56270
PHONE 507 597-6185
RESOLUTION NO. 13-82
WHEREAS, The Lower Sioux Community Council has the power
under the Constitution and By-laws of the Lower
Sioux Community to promulgate resolutions govern-
ing the conduct of business in the community; and
WHEREAS, Congress by enactment of P.L. 93-638 provided a
- mechanism for Indian Tribes to exercise the right
of Self-Determination; and
NOW THEREFORE BE IT RESOLVED, That the Lower Sioux Community
Council hereby disapproves proposed Bill # H.R. 5988,
changing H.U.D. Housing to B.I.A. Housing. Reason
being Lower Sioux Council objects to using tribal ,~14i~c6r'
land as collateral.
CERTIFICATION: We hereby certify that Resolution No. 13-82
was duly presented and enacted upon by the Lower Sioux
Community Council at a meeting held thid date April 14th,
J~2~ by a vote of ...~ forand 0 against with a quorum being
present.
L ~-
Ann Larse chad Pr scott
Chairperson Secretary
Lower Sioux Community Council Lower Sioux Community Council
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325
ARAPAHOE TRIBE
Box 217
1 Ft. Washakie, Wyoming 82514
CHIEF BLACK COAL
APRIL 24, 1982
Chairman Williams, ladies and gentlemen, represent the Northern
Arapahoe Tribe of Wyoming. We, the Northern Arapahoe Tribe share the
Wind River Indian Reservation with another Tribe. Our cuirent enrollment
is approximately 3,400 and is the largest of two Tribes on the Reservation.
Our Tribe is supporting the concept of the indian Housing Act of 1982 and
would like to recommend some changes.
First, we want specific language on the allocatIon of housing units.
That is, we want the allocation to be based on population. For example,
our P. L. 93-638 allocation is based on population. We receive fifty-
four percent (54%) of the 638 funds that come to the Wind River Reservation
We recommend that our Tribe be allowed to submit a single Tribal
application based solely on the Northern Arapahow Tribal population under
Section 203 (d). Under the HUD Administration, the housing allocation is
split 50-50. The housing needs of the Northern Arapahoe people are not
being adequately met.
Second, the amortization payment should be in line with the rates
established, in other federal programs, for example the Veterans Administra-
tion and Farmers Home Administration.
Finally, this bill should provide a vehicle to solve the differences
that may arise between or among the parties involved in a dispute.
CHIEF BLACK COAL
PAGENO="0332"
326
The Bureau of Indian Affairs has not exercised it's responsibility
regaz~ing the trust relationship. The oil thefts from the Wind River
Indian Reservation is an example of what happens when there is no
recourse. Interpretation of the law is often a problem once a plan
is implemented.
We recommend that a special commission made up of Tribal Memberships
sit in and provide input into the formulation of the rules and regulations
for this bifl, "Indian Housing Act of 1982", with the Bureau of Indian
Affairs and responsible authorities.
Further we recommend that an on-going commission be established to
work closely with the appointed Director of Indian Housing Programs to
assure fair interpretations of the Indian Housing Act.
In all cases, the integrity of the Indian Tribes should be preserved.
We recommend that the interests of the Indian Tribes be protected as well
as the Federal Government.
We will forward additional written comments after further stuly of
the meaning of certain sections of this bill.
Thank you.
PAGENO="0333"
APPENDIX IV
THURSDAY, APRIL 29, 1982
ADDITIONAL MATERIAL SUBMITTED FOR THE HEARING RECORD
The Honorable Morris K. tUall
thairiren,
Cannittee on Interior and Insular Affairs
U. S. House of Representatives
Washington D. C. 20515
Mr. Chairrrtan and rrrenbers of the Ccmrrittee, my narre is
Leonard Garrov, President of the United South and Eastern
Tribes and I am pleased to testify on the "Indian Housing
Act of 1982" on behalf of the twelve federally recognized
rrrenber tribes.
First, the United South and Eastern Tribes would lire
to express our appreciation to you and other members of
this Carrnittee for your support and assistance over the
years in behalf of HUD Indian housing appropriations. As
you are aware, in many places the HUD Indian Housing program
has produced very acceptable housing. Nevertheless, there
is still a great need and unfortunately it appears that
the HUD Indian housing program is caning to an end.
"Because there is strength in Unity"
UNITED SOUTH AND EASTERN TRIBES, INC.
1101 KermIt Drive * Suite 800 * Nashville, TN 37217.2190
(615) 361.8700
April 29, 1982
Executive Director
Rex J. Evans
Officers
Michael D. Tiger, President
Seminole
Leonard Garrow, Vice President
St. Regis Mohawk
Curtis Osceola, Secretary
Miccosukee
Frank Steve, Treasurer
Choctaw
Member Tribes
Cherokee
Chitimacha
Choctaw
Coushatta
Maliseet
Miccosukee
Mohawk
Passamaquoddy
Penobscot
Seminole
Seneca.
~I~1
(327)
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328
It is our understarxIing the ~ministration plans to stop the present program
through t~partrrent of ibusing and Urban Develo~xtent. This is of paranrunt
concern to us at this tine and we wish to make it very clear to you that a
housing program for Indians irrust continue. With this understanding in mind
we wish to cxxrplirrent you and the other rrwsrbers of this Carrnittee for
introducing H. R. 5988 which finally sets out a housing program tailored to the
situation in which Irx3Ian people live. H. R. 5988 proposes several innovative
and cost conscicus concepts while at the sane tine prarotes the idea of self
determination by giving the tribal ~vernrrents the flexibility to establish
tribal housing agencies. Placing tie authority as well as the responsibility
for housing programs with tie tribal goverrTrents instead of irrposing an outside
structure upon us is carrrendable.
As an overall observation, we at USEr also appreciate the sections of the
bill that allcM us discretion and flexibility to build in a manner we wish,
with the materials we wish, while placing a pramium on constructing as many
good houses as possible.
We also point out that the administration of the program would be sinplified -
- it would be a program developed for Indian Reservations rather than an urban
program applied to Indian Reservations. It w~ild also reduce the nusber of
federal agencies involved in this program fran three to two, but sore
inrportantly the two that work with tribal governnents. The three titles of the
bill address the needs of three different incare levels of Indian families -
1CM incare, those which can afford a minirmrn sonthly paynent, and those which
could afford to obtain financing except for problens associated with the legal
status of trust land. Furtherrrore, the inclusion of rehabilitation in all
titles is carirendable.
PAGENO="0335"
329
Before addressing several sections of the bill in a itore detailed
fashion I would be roniiss, if at this point I did not mantion our outright
cpposition to the sections of the bill that provide for attachrrent of our
trust funds. We understand that along with authority goes responsibility,
but we feel this responsibility should be of a contractual nature without
the sanctions of attaching our tribal trust funds. With this in mind,
USE'r recaimands the following anendrnents to the bill:
~gg~3, line 19 -- "standard housing". While we do not object to the
definition of "standard housing" in the bill, we recczrnend that it be
made very clear that the standards in the bill are only niinimurns.
~ 6, Sec. 101 (c) -- We understand this bill has to address situations
across the country, but we would like this section to make it clear that
the preferred trethod of handling this title is by agreenents with tribal
governrrents or their tribal housing agencies.
~gg 8, Sec. 103 -- This section is sanewhat unclear with regard to the
protection fran the loss of trust land and we recatrnend line 4 be changed to
eliminate the reference to land.
~ge 9, Sec. 203 -- Section 203 requires the suhnission of preliminary
drawings and specifications with the initial application. There should
be provisions for funding to prepare these drawings and specifications.
~ 11, Sec. 205 -- This section harbors the mast potential damage for
tribal governrrents and sepowers the Secretary to attach tribal trust funds.
The provisions of this section are inecuitable in that tribes with trust
18-934 O-83-----22
PAGENO="0336"
330
funds are put at risk while tribes without trust funds face no collective loss
for failing to neet the requirmrents of the Project AgreanEnt. This makes
the whole concept of uniform sancticns neaningless. All tribes should be put at
the sane risk, or none at all. Tribes which do not perform in accordance with the
agreeTents they have signed shaald be prohibited fran receiving additional
financing until they have achieved ~epliance with the agreeTents.
Page l2~, Sec. 206, line 19 - Cnange 2 per centum to at least 3 per centurn.
Page 18, Sec. 212 (b) - Eliminate this section. Separating respensibility
for construction and inspection is cot a good idea and may slcm~ project
construction arid cause biOkering and inefficiency.
Page 22, Sec. 301, line 8 - Insert on line after "families", "or tribes'.
Page 29, Sec. 401 - We feel strongly that section 401 be re-written
in order that the Bureau will have conies to handle this irrportant and large
effort. We also feel it inportant that section 401 (b) be rewritten in
order that it be public knc~ledge so that the tribes can knci~s' what it costs
to run this program.
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331
STATEMENT OF THE NATIONAL CONGRESS OF AMERICAN INDIANS
BEFORE THE HOUSE INTERIOR AND INSULAR AFFAIRS COMMITTEE
ON H.R. 5988, "THE INDIAN HOUSING ACT OF 1982" APRIL 29, 1982
Mr. Chairman and members of the Committee. My name is David
Dunbar, General Counsel for the National Congress of American Indians.
I want to thank you for allowing NCAI to present testimony on the
proposed Indian Housing Act of 1982.
The National Conqress of American Indians is the oldest and most
reoresentative national Indian organization in the country today. Over
170 Indian Tribes and Alaska Native Villages, ~~hose combined popula-
tions total aooroximately half a million people, are members of our
organization.
The Indian Housing Act of 1982 is a bold and innovative effort
designed to increase the availability of housinq to Indian oeoole. The
difficulties Tribes have faced with regard to meeting the housina needs
of their people in the past as well as those they will face in the
future are of monumental concern, We believe that H.R. 5988 is a
positive measure that could potentially meet these tribal housing
problems.
However there are certain provisions contained in the bill which
have a serious adverse effect on Tribes. Therefore, we oropose the
followinq amendments and recommendations to H.R. 5988 which we feel
will alleviate many of the concerns that our member Tribes have with
the bill in its oreserit form.
We recommend:
1) Section 3(5) be amended to specif- icallv include
Alaska Natives as defined by the Alaska
Native Claims Settlement Act, 43 U.S.C. 1601.
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332
2) Section 3(11) be amended to include any Alaska Native
village or group also as defined by the Alaska Native
Claims Settlement Act.
Title I: Indian Housing Improvement Fund
We recommend that:
1) Section 101(b) and (c)(1) be amended to state that all
assistance under this title to eligible individuals and
families will be made throuqh the Tribe rather than
directly by the Secretary of the Interior. As the hill
is currently written, Tribal authority and
self-determination are undermined by permitting the
Secretary to bypass the Tribes and deal directly with
individuals and families.
3) Section 101(c) (3) be amended to state that contracting
will be done through the Tribe by tribal contracting
procedure rather than permitting the Secretary to
contract directly with orivate construction firms.
Aqain, we feel that the bill, as currently written,
mermits the Secretary and the construction firms to
bypass the Tribes resultinq in an undermininq of Tribal
authority and self-determination. Further, that lanquaqe
be added to require the application of Indian Preference
as specified in P.L. 93-938, Section 7(b).
Title II: Indian Housing Finance Fund
We recommend that:
1) Section203(c) be amended to allow
the Tribe to decide for itself whether or not it should
PAGENO="0339"
333
establish a tribal housing agency, and include language
stating that should a tribal government wish to admin-
ister the program itself, then a waiver of sovereign
immunity from suit would be required.
2) Section 205 should be elimited. We seriously question
this Section in its present form. tjnwillingness to com-
promise tribal trust funds should not be a prerequisite
*to the securement of services under the Act. We stongly
recommend that other language be used or other methods
less disasterous to Tribes be sought as an alternative to
the present requirement. However, if Section 205
remains, we recommend that Section 205(d) he amended.
The 30-days written notice is too short. If a loss of
trust funds is to occur, then a longer period of time --
90 days -- should be offered in order to effectuate
remedial as well as long-term alternatives.
4) Section 211(c) he amended by deleting lanquaqe authoriz-
ing attachment of Tribal trust funds. Also, given that
the Secretary is permitted to place sanctions against a
Tribe, we recommend that the Section he amended by
chanqing the time from 30 days to 90 days, thereby giving
the Tribe an opportunity to cure ootential defaults.
5) Section 215 be amended to reauire the application of
Indian Preference as stipulated in P.L. 93-638, a 7(b)
7(b).
Title III: Indian Housing Loan Guaranty Fund
Section 309(a)(1) be amended to snecificallv include
Tribal courts as "court of comtetent jurisdiction" in
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334
the event of foreclosures proceedings and/or include languaq
stating that an appropriate tribal forum will be utilized toe
resolve a foreclosure action before going outside of the
Tribe for resolution.
Title IV: Miscellaneous Provisions
We recommend:
Section 401(c) be amended to specifically define the
percentage of monies appropriated for administration of the
programs, or add a new section authorizing administration
costs.
Other Recommenda~pp5
We further recommend that:
1) allowing Tribes to contract all or any of the programs unclet
638 contracting provisions, this reducing the Bureau's costs
involved with administeriflo the program(s), and would
provide gainful employment at ~the tribal level, and affirm
Tribal authority and self-determination.
2) the addition of a new section to Title IV authorizing
funding for repairs or new construction performed directly
by the Bureau as authorized by Section 101(c)(4). A
separate source of money must be identified for this
activity so that the orimarv program funds will not he
affected. In the alternative tribes should also have
authority to contract these activities from the Bureau under
638 contracting provisions. If Tribes are allowed to
contract it would further reduce the Bureau's costs involved
with administering new construction and reoair activities,
PAGENO="0341"
335
provide gainful employment at the tribal level, and
affirm tribal authority and self-determination.
3) Section 104 does not contain any assurances or guarantees
that the houses built, acquired or reoaired under this Title
will remain under the central and jurisdiction of the Tribe
upon whose land it resides. Provisions must he accorded to
available tribal revenues and market demand in terms of
ability to oay.
4) Section 2O9(c) states that the house financed under this
Title could be reacquired by the Tribe at fair market
value." Prevailing market conditions, locations and
utilization potential~should be considered in ampraisinq
these units.
In closinq, we want to say that H.R. 5988 brings to the attention
of everyone concerned the housing needs of Indian and Alaska Native
people. There is a need for innovative methods to improve financing
of Indian housinq construction, acquisition, rehabilitation and
reoair. We encourage this and other Committees responsible for and
concerned about housing needs of Indian and Alaska Native oeople to
continue to assist in seeking such methods for the betterment of all
Indian and Alaska Native people. I will he happy to resoond to
questions at this time.
Thank you.
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336
STATEMENT
OF
DALLAS B. HARRISON, EXECUTIVE DIRECTOR
CROW CREEK HOUSING AUTHORITY
FORT THOMPSON, SOUTH DAKOTA
BEFORE THE HOUSING COMMITTEE ON INDIAN
AND 1NSULAS AFFAIRS APRIL 20, 1982
Mr. Chairman and Members of t~e Co~nnitt~e, thank you for giving me this oppor-
tunity to testify on behalf of the Crow Creek Ind~an Reserva::ion of South Dakota
and the Housing Authority of the Crow Creek Sioux The is to the Indian Housing
Act of 1982.
275 units of Low-Income housing have been built under programs funded by Housing
Urban Development (HUD) These inciuc~i 187 units of Low-rent housing and 88 units
of Mutual Selp Help. All have been constructed on the Crow Creek Indian Reserva-
tion, the Local Housiry Authority has an approved program for twenty (20) more
units that were scheduled 10 be built in FY 81. Furthar, a Comp~oensive Modern-
ization Project has been ~uhmitLed Lo HUD for renovuLion of existing substandard
un I ts.
However, even with :h~ `OlE housing conditions and the propo~ed modernization
project, there still exists a severe h~usng shortage on the Crow Creek Indian
Reservation. There it a rental waiting list file consisting of 80 people or more,
some of these people have families of 5 or 6, and have been on the waiting list
for three (3) years or more. Families have been doubling up in their units which
is against HUD regulations and the cause of many domestic problems.
The Crow Creek Reservation' have learoed that the present Administration has not
requested any Indian Housing units through the MUD orogram for FY 83 and is seeking
to recind the FY 82 funds for Indian Housing that were appropriated by Congress.
We would like to bring to the Committee's attention the strong need for an Indian
Mousing Program for all South Dakota Indian Reservations.
PAGENO="0343"
337
Presently, there are over200 unsolicited applications pending ;:ith the Crow Creek*
Housing Authority. This does not tclud~ appi icat ions for renov;'t ion of exisLinq
substandard units. It should be interesting to know of t~e 275 Indian families
now residing in Crow Creek Housing Authority units, over 5O~ of these Indian
families are receiving some type of Government Assistance. Furthermore, the Crow
Creek Indian Reservation is presently experiencing a 752~ unemployment rate.
After an examination of the proposed Indian Housing Act 1982, one advantage is
readily apparent. Historically, the Secrntary of the Interior has served as the
principal trustee for the Indian peaple. i~nera''y, the Secretary has the respon-
sibility of executing ~ic policies of the government tow.rds Indian people. Other
programs designed to imprcve the wel1 being of indianpeople generally operate
through tin, Depa rtmen I tin. Inter or Tin Depar teen I of Hous im,cj and Urban
Development does not have that historical relationship with the tribes. There-
fore, this proposed Indian Housing Act 1982 will be placed in a department that
already has the goal of serving Indian people.
One of the major failures of the PUP Indian Ho~sing program has been the inability
to meet the unique needs of the various indian coninunities. Ths is apparent in
several ways. First, HUt) Ins forced a housing structure on the Indian people
that is over-built. This iict sets forth certain minhnum ~talldards that must be
met, whereas, HUD over-regulated the type of house that must be built. Second,
the HUD guidelines for admissions are so restrictive that many Indian people who
are capable of being homeowners are eliminated from the Mutual Help program. As
everyone is aware, homeowriership can be very expensive includnq the conl of main-
tenance and Ut iii t i us. Ilmmde r LIme HUll mm ram on 1 y tile Very 1)00 r a rI qua I iii ed
admission. Unfortunately, these families cannot afford the routine maintenance
and high cost of utilities. Finally, a Tribal Housing Authority must maintain a
working relationship with three (3) qovernme~ dcpartment., IIUD, Indian u1~)ltii
PAGENO="0344"
338
Service and the Bureau of Indian Alloir'. By transferrint, hi rtr.vu to th
Inte ior, the number of qovernment departments is reduced to `mo (?)
This proposed Act has several stronq features that the HUE' proqra~it doe' ut l,.,vu.
Under this Act both the very low income, the tage earner and the moderate income
may be served. Second, it combines a'I Indain Housing programs into one depart-
ment; i.e. Housing Improvement Program, Indian Hous'ig Finance turd and the Indian
Housing Loan Guarantee Fund.
A further feature of this bill is that is provides appropriate sanctic~s for the
failure of a tribal Housing Agency to eroperly administer their reram. Further-
more, this bill allows for quarterly mo: - :orino ot the residual receipts and an
annual audit. This will allow the Secretary to give or stop assistance to a
Tribal Housing Agency when a problem begins and not after it has developed
over several years.
However, there are some recomedations th: we believe should be included in the
Act. The Act makes no specific reference to the abiiity of a tribe or Tribal
Housing Agency to Force Account their yearly alcr~tions. Some tribes ha~ the
capability and expertise, which would allow them to construct their own units.
A Tribal Housing Agency building their own units would reduce the cost of pro-
ducing a unit by 20 - 25 percent. This woo' allow the tribe to build rtre houses
with their yearly allocations. Therefore, we would recommend that language be
included to allow the Force Account ~thod of construction.
A second recorretendation would be that this Act be subject to the Indian Self-
Determination Act (93-638). An Indian tribe, if it should have the capacity,
should be allowed to contract this program from the Bureau of Indian Affairs.
We recommend the Department of the Interior (BIA) to take great consideration in
the hiring and placteit at cualifiod housing proessionals in Is program.
PAGENO="0345"
339
A final recommendation would be that nothing in this Act would be construed to
prohibit a Tribal Housincj Agency trots participating in housing projrams of other
government departments arid agencies.
In conclusion, we urgently ask for you~ consideration on this Act. This Act
properly transfers the responsibility ol housing to Iriba! government, providing
tribal government the necessary flexibH~ty to meet the needs of all of its
members.
PAGENO="0346"
340
ST1~TEMENT OF AL AUBERTIN, CHAIRMAN
COLVIILE BUSINESS COUNCUJ
AT HEARINGS ON H. R. 5988
CO~4ITIBE ON INEERIOR AND INSULAR AFFAIRS
April 29, 1982
The Confederated Tribes of the Colville Reservation support, in prin-
ciple, enacbsent of H. R. 5988 -- the Indian Housing Act of 1982.
* We are troubled, however, by the provision of section 205 which empow-
* ers the Secretary of the Interior to attach any trust funds of an Indian
* tribe in the event that its tribal housing agency fails to pay to the In-
dian housing finance, fund the arrount agreed to in the project agreement.
To the best of our knowledge, no federal housing laws providing assist-
ance to States or local units of government for non-Indian housing programs
empower the United States to resort to similar attachments.
We are concerned that similar rarpiirarnents may', in the future, be irn-
posed with respect to other credit programs benefiting Indian tribes. With
tribal credit needs far in excess of tribal trust funds, tribes with trust
funds could be subject to credit rationing, while tribes without trust funds
~u1d not be, under the principle established in the present bill.
The provisions, of section 205 have the effect of penalizing certain
tribes for their prudence in establishing trust funds, since those tr~ibes
that have been able, but have not chosen, to establish trust funds will be
eligible for funding on the same footing .as mare prudent tribes.*
t~reover, section 205 nay act as a disincentive for the creation of
new funds. It will also alrrost certainly encourage tribes in the gears
ahead to seek provisos in new trust fund legislation which would exempt
them fran this section, thus creating a double standard for funding.
We are also concerned that section 205 could provoke strong political~
opposition to Title II housing projects within Indian tribes fran machers
who believe that the beneficiaries of a housing program as a class, rather
than the tribal narr~bership as a whole, are the mare appropriate party to
look to for repayment.
We urge,, therefore, that section 205 be amended to delete the provision
empowering the Secretary to attach tribal trust funds and that the Corumittee
explore mare appropriate ways to help assure payment of rronies owing to the
fund.
PAGENO="0347"
341
We have the following additional cciiments :
Title III, which establishes the Indian housing loan guarantee fund
for Indian families, should be amended to enable Indian tribes to partici-
pate in the fund.
Section 302 should be amended to make clear what we understand to be
the intent of this section -- that it does not authorize, as security for
loans, any encu~nbrance of trust land, liens on leaseholds in trUst lands
or assignments of inccma fran trust lands or other assets,* which are not à.l-
ready authorized under existing law.
Finally, the Colville Tribes reccernend that H. R. 5988 be amended to
authorize Indian tribes to issue irortage revenue bonds. Under section 103
of the Tax Code, this authority is granted to state and local unite of govern-
ment, but not to Indian tribes. The proposed Indian Tribal Governmental Tax
Status Act (H.R. 3760), sponsored by a nucher of* meithers of this Coirmittee,
~ould cure this and a nunber of defects in the Code as it affects tribes. No
action, hcMeve.r, is scheduled on H. R. .3760 by the Ways and Means Carrinittee.
Rather than let this important opportunity to broaden the sources of financ-
ing for Indian housing pass without addressing the rrmrtgage revenue bond is-
sue and recognizing the jurisdictional problem raised by the Interior Com-
mittee acting on a tax matter, we suggest adoption of the amendment and sub-
sequent referral of H. R. 5988 to the Ways and Means Ccrrrnittee.
In closing, the Colville Confederated Tribes wish to express their ap-
preciation to the sponsors of H. R. 5988 and to the Ccernittee ~taff for this
landmark initiative to remedy the deplorable housing conditions under which
so many Indian families live.
PAGENO="0348"
342
WRITTEN TESTIMONY
on
H. R. 5988, THE INDIAN HOUSING ACT OF 1982
Submitted to:
THE HONORABLE MORRIS UDALL, CHAIRMAN
HOUSE INTERIOR ~j) INSULAR AFFAIRS COMMITTEE
U. S. House of Representatives
by:
PHILLIP MARTIN, CHIEF
MISSISSIPPI BAND OF CHOCTAW INDIANS
and
PRESIDENT, NATIONAL TRIBAL CHAIRMEN'S ASSOCIATION
Route 7 Box 21
Philadelphia MS 39350
April 29, 1982
PAGENO="0349"
343
My name is Phillip Martin, and I am the elected Chief of the
Mississippi Band of Choctaw Indians, a federally-recognized tribe of
some 4,800 members in east central Mississippi, as well as the current
President of the National Tribal Chairmen's Assocation.
Most all of the recognized tribes are extremely pleased that the
Congress has taken steps to obtain a comprehensive view of the Indian
housing situation and to try to bring some measure of reason and coordi-
nation to an effort which is currently fragmented and oftentimes confusing
to tribal governments. While we at Choctaw realize there is nothing in
H.R. 5988 addressing the BUD housing program, it is obvious that upon
enactment the Administration will doubtless move to eliminate the HUD
program. I believe we can live with this if and when it happens, if the
bill can be fine-tuned to avoid the problems we have run into with HUD
over the years. Many of these problems have arisen because MUD officials
have treated Indian housing programs as a sort of "step-child," which I
hope would not happen with this BIA program. Current MUD programs could
be made much more workable through the establishment of a position of
Assistant Secretary for Indian Programs; but 14 months of our request on
this matter have fallen on deaf ears.
Perhaps the most appealing feature of the proposed Indian Housing
Program to me, as a tribal elected official firmly committed to the idea
of Self-Determination, is the flexibility given to tribes in the establishment
of the "tribal housing agency" defined in section 3 (10). One of the
really major barriers to effectiveness in the current program has been
the imposition by HUD of aHousing Authority structure which is exactly
like that in major urban centers and of course totally foreign to the
PAGENO="0350"
344
rural, reservation environment. This imposition of an alien organizational
unit has caused a high level of dissention at the reservation level. I
would venture to guess that even today on most reservations the Housing
Authorities and the tribal governments are working at cross purposes.
Basing authority for the tribal housing agency in the tribal government
will be welcomed by the progressive tribes.
Within this context, I have several suggestions to make which could
improve the proposed bill significantly and help the tribal governments
to avoid some of the pitfalls which we have encountered in the past.
Title I, Sec. 103 (a): This section authorizes the Secretary to
approve the lease or sale of trust land if provisions in Section 104 are
met. Since Section 104 merely provides for the Government to recoup its
investment and for the tribe to have first refusal rights on the sale of
the house, it would appear, should the tribe be unable to purchase the
house, the Secretary is authorized to sell the house and the trust land
on which it sits. The language in this section should be changed to
make it absolutely clear that the Secretary has no authority to sell any
trust land.
Title II, Sec. 203 (a): The application process for new housing
construction is set up in a manner that requires preliminary drawings
and specifications to be submitted with the initial application. Following
submission of the application, the project is approved or disapproved.
If approved, a Project Agreement is entered into, and following this an
initial disbursement for preliminary planning purposes can be made.
This will not work. It requires tribes or tribal housing agencies to
expend funds they do not have for a project they do not know they will
PAGENO="0351"
345
be awarded. It is unnecessary to have preliminary drawings and specifications
as part of the initial application process. The units should first be
reserved, based on the initial application, followed by disbursement of
preliminary planning funds, and the Project Agreement can be entered
~:~- ~
~-~~E.oilo~ ing submission and approval of drawings and specifications
and all the other requirements of a development project.
Title II, Sec. 203 (b): This subsection sets forth criteria for
evaluating and approving applications for new construction financing.
The criteria listed here in (b) (1), (2) and (3) repeat mistakes of the
past by allocating housing units on a basis other than performance and
capacity. Section (b) (1) gives priority to tribes which have not
received funding in prior years. This type of priority removes competition
from the process, ignores the quality of the application, and penalizes
tribes with high performance records simply because they won in prior
years.
Section (b) (2) requires the BIA to `determine" the administrative
and accounting capability of Tribes to implement the proposed project.
The language here should be more specific and this should be the number
one criterion for determining if a project is to be approved or not.
The determining factors should be: financial and management audit
findings; status of accounts receivable; status of land, water and
sanitation facilities for the project; the tribal housing agency's
performance in moving previous development projects from award of funding
to construction; and the quality of previous construction contract
administration. Competent review and enforcement of these factors will
eliminate pipeline buildup and deobligations following award of financing.
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346
Section (b) (3) makes the percentage of substandard housing units
of the Tribe a determining factor in the award of financing for new
projects. Like (b) (1), this is an irrelevant criterion which penalizes
high performance. It means that a tribe which has successfully reduced
the number of substandard units in its area must wait for the others to
catch up before it can compete with them. In effect, no tribe will ever
be able to meet all of its housing needs. Looking at only percentage of
substandard units also ignores the fact that overcrowding is probably as
big a problem as substandard units. Standard units with three families
occupying them soon become substandard units. The provisions of (b)
section (4) require the BIA to check the unmet housing needs of tribes
applying for assistance. This will insure that tribes are not awarded
more units then they need. Once it has been determined that the units a
tribe is applying for are actually needed, there should be no other
consideration other than its performance record in developing and
managing housing projects.
Title II, Sec. 205: This section which harbors the most potential damage
for tribal governments, empowers-the Secretary to attach tribal trust funds,
requires inclusion in Project Agreements tribal consent to attachment of
trust funds to the extent that tribal housing agencies fail to pay agreed
upon amounts to the Indian Housing Finance Fund, and provides 30 days'
written notice of the Secretary's intent to attach the trust fund. Subsection
(C) of this section, however, prohibits the Secretary from refusing to
enter into a Project Agreement with a tribe that does not have a trust fund.
The provisions of this section are inequitable in that tribes with trust funds
are put at risk while tribes without trust funds face no collective loss for
failing to meet the requirements of the Project Agreement. This makes the whole
concept of uniform sanctions meaningless. All tribes should be put at
PAGENO="0353"
347
the same risk, or none at all. Effective enforcement of the regulations
by the administering federal agency would prevent a serious buildup in
collection problems. Tribes which do not perform in accordance with
the agreements they have signed should be prohibited from receiving additional
financing until they have achieved compliance with the agreements. That alone
would be incentive enough for tribes to place their tribal housing agency
under proper management. The provision for attachment of trust funds
should be eliminated.
Title II, Sec. 212(b): Responsibility for construction inspection
is placed in the Indian Health Service. This is a bad idea. First, the
IHS does not have the qualified staff to perform this function. Secondly,
it requires rival bureaucracies to work hand-in-glove on the same project.
The construction project will suffer from time-lags, confusion, bickering,
inefficiency, and two slow-moving bureaucracies instead of one. It is
bad enough having water and sewer development in an agency separate from
housing development. We do not need to make it worse. Allow the BIA
to inspect its own projects.
Title II, Sec. 212 (c): This sets out in specific detail the
types and percentages of bonds required on construction contracts. The
law should simply require bid bonds, performance bonds, and payment
bonds. The regulations can set percentages. Some flexibility is needed
here.
Title II, Sec. 215: A sentence should be added here requiring
Indian Preference in Contracting in line with the current HUD Indian
Housing Regulations. There is no point in leaving this to chance and
PAGENO="0354"
348
hoping it will emerge in whatever regulations are written by the BIA
for this program. It will simply waste everyone's time in refighting
the same old battles.
Title III, Sec. 309 (a): This section makes provision for lenders
to collect on guaranteed loans made on trust land in the event of default.
Subsection (a) (1) provides for the lender to initiate foreclosure
proceedings in Tribal Court, while (a) (2) provides that the lender may
go directly to the Secretary and receive 95 per cent of the amount
guaranteed. It is doubtful that much lender interest will be generated
under these provisions. A 95 per cent guarantee (resulting in a five per
cent loss) is probably worthless as an enticement to lenders. The
prospect of going into Tribal Court on a foreclosure will not gladden
many hearts in the banking industry. If a Guaranteed Housing Loan program
is to have some chance of success, federal preemption in foreclosure
situations is required.
Thank you.
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349
STAPEMENF OF MAX H. NORRIS, CHAIRMAN
PAPAGO TRIBE OF ~RIZOHA
AT HEARINGS ON H.R. 5988
CONMITPEE ON INPERIOR 1~ND INSULAR AFFAIRS
April 29, 1982
Mr. Chairman, the Papago Tribe of Arizona supports, in principle,
enactment of H. R. 5988 -- the Indian Housing Act of 1982. We appre-
ciate your sponsorship of this important legislation, the bipartisan
concern of the canrnittee with the acute housing needs of Indian tribes,
and the hard work of conmittee staff in helping frame the bill.
We object, however, to the provision of section 205 which empowers
the Secretary of the Interior to attach any trust funds of an Indian
tribe in the event that its tribal housing agency fails to pay to the
Indian housing finance fund the arrount agreed to in the project agreement.
Section 205 is in direct conflict with the intent of section 9 of
H,R. 5118 -- the Southern Arizona Water Rights Settlement Act -- which
you sponsored and which was passed by the House in March 1982.
Section 9 of H.R. 5118 establishes a trust fund to be used exclusive-
ly for water development on the Papago Reservation. This trust fund is
part of the settlement of our claims for water and for past damages for
injuries to water rights in Upper. Santa Cruz and Avra/Altar water basins.
The limitation imposed on the use of the trust fund, in H.R. 5118 is
included to assure that income fran the fund would be devoted to the
economic development of the Tribe s trust land and not dissipated through
per-capita payments.
Section 205 of H.S. 5988 would allow the Secretary to recapture conies
from our water-rights settlement in the event the tribal housing agency is
unable to repay its obligations under Title II of the housing bill. Re-
capture of the trust fund income would have the effect of impairing the
Tribe's ability to develop its trust land and place the United States in'
a position of violating its owr~ trust obligation to the Papago Tribe to do
nothing to impair the ability of the Tribe to protect and develop its water
and land resources. We submit that the best guarantee of repayment of Title
II financing would be a strong tribal economy.
We urge, therefore,' that section 205 be amended to delete the provision
`empowering the Secretary to attach tribal trust. funds and `that the Corrinittee
explore core appropriate ways to he1p~assure payment `of. conies owing to thO
fund.
PAGENO="0356"
350
We have the following additional camenta:
Section 203(b), which estab]ishes the criteria for evaluating funding
applications, should be amer~od to include the craditworthiness of the
tribe. Such intent rray be irnpliod in section 203(b) (2), but neods to be
made explicit. We note. that the Secretary may, under Section 211(c) (1),
declare a tribe ineligible for further hot~sing assistance fran the fund
if the tribe or agency is in default. Making .the repayment record of the
tribe one of the explicit criteria under section 203(b) affords the Secre-
tary an optional middle ground between perrç~issiyeness and an outright bar
to further funding.
Title III, which establishes the Indian housing loan guarantee fund
for Indian families, should be ainendod tO enable Indian tribes to partici-
pate in the fund.
Section 302, should be amended to make clear that we understand to be
the intent of this section - that it does r~t authorize, as security for
loans, any encuithrance of trust land, liens on leaseholds in trust lands
or assignments of incare fran trust, lands or Other assets, which are n~t
already authorized under existing law.
Finally, the Papago Tribe recarrrends that H.R. 5988 be an ended to
authorize Indian tribes to issue rrortgage revenue bonds. Under section
103 of the Tax Code, this authority is granted to state and local units of
government, but not to Indian tribes.. The proposed Indian Tribal Gnvern-
mental Tax Status Act (H.R. 3760), sponsored by a nuither of irembers of
this Corrinittee, would cure this and a nuither of defects in the Code as it
affects tribes. No action, however, is scheduled on H. R. 3760 .by the Ways
and Means Coitinittee. Rather than let this important opportunity to broaden
the sources of financing for Indian housing pass without addressing the
rrortgage revenue bond issue and recognizing the jurisdictional problem
raised by the Interior Committee acting on a tax matter, we suggest adop-
tion of the amendment and subsai~uent referral of H.R. 5988 to the Ways and
Means Carmnittee.
Your support of the Papago Tribe and other Indian tribes in sponsoring
this legislation will hasten the day when Indian parents can expect their
children to grow up in decent, safe, and affordable housing.
PAGENO="0357"
351
United States Department of the Interior
OFFICE OF THE SECRETARY
WASHINGTON, D.C. 20240
AR~ 14~
Mr. Frederick N. Khedouri
Associate Director
for Natural Resources
Energy and Science
Executive Office of the President
Office of Management and Budget
Washington, D. C. 20503
L~ar Mr. Khedouri:
Thank you for your letter requesting the findings of the Interagency Indian
housing study. The findings are incorporated in the enclosed position
paper on the Indian housing program. Also enclosed are the cost estimates
for the program recommendations.
The analysis you request of the five alternative housing program mechanisms
discussed at a prior task force meeting is enclosed in the "Staff Report"
on the Indian housing delivery system prepared by HUD. HUD has indicated
a preference for Option 116 in that Report.
I cannot endorse the MUD prefered Option 116 because it is apparently a
more expensive approach, administratively complex, and involves a 30-year
Federal annually variable subsidy commitment to each housing unit produced.
More importantly, it provides no assurance that housing will actually be
produced in Indian areas.
Also enclosed is correspondence from the other two task force members
(r~partment of Agriculture and HHS) indicating their support for our
enclosed position paper.
The recommendations in that position paper are consistent with H.R. 5988.
We are preparing a report on that bill which will include some recommended
amendments.
I have appreciated your cooperation on this difficult Indian housing study.
My staff is available to meet with you or your staff should you have
questions or wish further information on the position paper.
Sincerely,
Assis ant Secretary - Indian Affairs
Enclosures
PAGENO="0358"
352
DEPARTMENT OF THE INTERIOR
BUREAU OF INDIAN AFFAIRS
POSITION PAPER
I. BACKGROUND
The housing goal for Indian people follows the national
housing goal for a decent home in a suitable living environment.
In Indian areas it is not necessarily that one is an Indian that
one cannot obtain decent housing, but it is because one lives
on trust land and is normally of modest means and income that
has thus far limited the progress of Indian housing.
The Federal trust responsibility with respect to Indian
lands is one of the most important manifestations of the trust
relationship. Under the trust responsibility, the Federal
Government has applied special ptotections on both tribal and
allotted Indian lands for the benefit of the Indian owners. In
most cases, the Federal Government actually holds legal title to
tribal or allotted lands in trust for the Indian owners. In
other cases, although the Indians hold legal title to the land,
Federal law imposes special trust restrictions on the land. In
both cases, Indians are the beneficial owners of the land, but
the Federal Government imposes or may impose restrictions on the
use and disposition of the land necessary to the fulfillment of
its trust responsibility.
Indian people live in reservation areas (except for Oklahoma,
most of Alaska, and some of California) stretching from Maine to
California and Florida to Alaska. Most of these reservations or
PAGENO="0359"
353
areas aremade up of trust or restricted land. The population of
individual reservations or locations range from a few families
to the large Navajo reservation that has some 30,000 families.
The economic situation also varies greatly with relatively decent
incomes in those areas with natural resources and/or industries
to areas that are isolated and lack any economic resources making
the families almost solely dependent on public assistance. The
degree of integration in the surrounding society ranges from
Oklahoma, Alaska, and parts of California where there are a few
reservations to the upper plains and Southwest areas that are
almost all reservation areas.
Present BIA Statistics (annual inventory attached) show
84,200 housing units in standard condition and 60,800 housing
units in substandard condition. Of those in substandard
condition, 28,800 need to be replaced. In addition, there are
31,400 families needing housing, making for some 60,200 new
housing units required. It is estimated that between l57~ and
20~h of those families needing housing or substantial repairs
cannot afford to pay for either the housing or the repairs,
or under the best of circumstances, can afford to pay only the
very minimum. It is also estimated that some 10% of those
families requiring new housing could pay an economic rent if long
term mortgage money were available. The remainder of the families
lie in between the two extremes, with some ability to pay but
requiring some form of subsidy.
PAGENO="0360"
354
The major housing program supplying housing to Indian people
is financed by the Departnent of Housing and Urban Developnent (HUD)
under the United States Housing Act of 1937, as amended. The second
most important Indian housing program, the Housing Improvement Pro-
gram (HIP) is funded by the Bureau of Indian Affairs (BIA). For
the most part, the water and sanitation facilities for these programs
are funded by the Indian Health Service (IHS).
Some new housing is also supplied to the housing stock, by
the FrnBA, VA, Tribal Credit programs, and private financing sources.
Some of these housing efforts have met with limited success but
their use is only on a very small scale and the number of units
constructed have not been significamt, mainly due to the trust land
situation. These programs are sporadic or "ome~ shot" efforts and
have not been successful in providing rural areas with a low income
housing delivery system on a continuing basis.
The Public Housing Program, the major HUD housing program for
Indian areas financed i.nider the United States Housing Act, is the
same program that finances the heavily subsidized urban housing
programs in the United States. Although the Public Housing Program
went through several changes as a -result of new directions for urban
housing, the backbone of the program in use in Indian areas continues
to be the traditionally financed Public Housing Program.
This particular housing program was chosen to finance Indian
housing because of the deep subsidy the program provided. The BIA
PAGENO="0361"
355
and the t~hen Public Housing Administration (PHA) developed and
implemented the program in use in Indian areas by a series of
agreements beginning in 1963. The key program then being
implemented, i.e., the Mutual Help Program, required a rather
large housing staff and direct administrative support. The BIA's
willingness to supply this staff and technical support was decisive
in having PHA begin the program. In fact, this commitment was
the basis for the original Agreement which essentially was an
agreement to subsidize the PHA by supplying staff for an agonizingly
slow and administratively expensive housing effort. As the program
expanded, evolved and changed, the realities of the situation
dictated a change in the BIAs role to one of supplying technical
assistance to the housing authorities and technical and financial
support for certain of the infrastructure necessary for an urban type
housing project effort. For example, as the trustee, the BIA assists
with and supplies leases required by the HUD Indian Housing Program.
The BIA also does appraisal work, provides advice to the housing
authorities, and is responsible for construction of access roads.
In addition to agreements setting out responsibilities, as the
HUD program grew and became more complex, HUD, BIA and IHS also
required better budget coordination. As a result, an agreement
was reached in 1969 that set out production targets. This "level
of effort" agreement for a five year period increased the HUD
production targets dramatically and provided the basis that enabled
the IHS to obtain the necessary funding to serve the Housing
programs. The growth of the HIP effort was also tied to the IHS
PAGENO="0362"
356
responsibility for water and sanitation facilities. The admin-
istratively set production targets in the 1969 memo of under-
standing. however, were not re-enforced by legislation until
the set-aside of contract authority for Indian housing which
appeared in the 1974 Housing Act.
Although the program changed little in recent years, regu-
lations were finally published in 1976 and were revised again in
1979. Regulations and administrative changes, notwithstanding,
the program continued to be plagued with overly long construction
times resulting in a backlog or "pipeline", high cost and a
co~p1icated and difficult delivery system. In spite of these
drawbacks, housing production began to accelerate and by the
end of the 70's was in the 4,000 to 5,000 units per year range. The
housing produced in most cases was also of an acceptable quality.
II. PRESENT SITUATION
In response to the zeroing of the HUD Indian housing program
and a reduction in sanitation facilities construction in the
Indian Health Service (IHS), the Administration has been on
record as being firmly committed to undertaking a complete review
of Indian housing and related programs with the objectives of:
(1) drawing private capital to Indian reservations for housing
development; and (2) improving housing delivery mechanisms.
The Administration's objections to the present HUD program
were as follows: (1) the program is too expensive; (2) its
PAGENO="0363"
357
delivery system is too cumbersome/complicated to administer;
(3) too many units are in the pipeline; and (4) there is
poor management by Indian housing authorities.
While the review of Indian housing was getting underway,
the President's Commission on Housing was established to advise
the President and the Secretary of HUD with respect to options
for the development of a national housing policy and the role
and objectives of the Government in future housing availability.
The Committee on Federal Housing Programs and Alternatives of the
President's Commission issued draft recommendations for the
low-income housing program on September 15, 1981. These
recommendations would markedly alter present subsidized housing
programs. One of the programs to undergo change is the Public
Housing Program which, as was mentioned, subsidizes the bulk
of new housing in Indian areas. This basically urban program
is to be modified and would follow lines that would ultimately
transform it into a Consumer Housing Payments Program. The
cornerstone of the proposed housing plan is a recommendation
that the primary Federal program for helping low-income families
achieve decent housing should be a voucher system.
One major drawback that makes housing vouchers an impractical
and unacceptable concept for Indian areas is the absence of a
supply of standard rental units on Indian lands. The Committee
PAGENO="0364"
358
also recOmmends that new construction be added as an eligible
activity for Community Development Block Grants (CDBG) to expand
local flexibility. The Committee recognizes that this will require
additi?y~al funding to support this additional activity when budget
circumstances are favorable. In addition, the report emphasizes
that the use of Block Grants for new construction is an additional
use to be combined with other options and financial incentives
such as tax exempt bonds. Clearly, should Block Grants be used
for ~ew construction in Indian areas, this would be their sole
use and not an additional use to expand local flexibility. More-
over, Block Grants carry with them no long term commitment.
We are, therefore, faced with a situation wherein the major
program now in use for financing new housing in reservation areas
will be~ drastically altered to the point of being unworkable
without a viable alternative available. The situation is further
complicated because to provide for an exception and thus continue
the present program for Indians, while discontinuing it for others
in the society, may create an administrative anomaly for BUD.
In order to continue to meet the commitment to decently house
the Indian people, and, therefore not break the promise of decent
shelter - a promise made by statute less than 20 years ago - an
approach needs to be agreed upon that would be able to provide
for a housing program tailored to the special conditions existing
in Indian areas. In mid-September, 1981, a task force, headed
by Kenneth Smith, Assistant Secretary for Indian Affairs at Interior,
PAGENO="0365"
359
and including policy officials from HUD, Health and Human Services
(HHS), and the United States Department of Agriculture (USDA)
began work on review of the programs. Naturally, the review
of Indian housing programs must deal with the special conditions
found in Indian areas as well as the objections to the present
HUD Indian housing program.
III. SPECIAL CONDITIONS
For some years now there has been an emerging middl.e income
group, who, were they not living on trust land, would have availed
themselves of the conventional financing opportunities available
to such groups. Conventional lenders, however, are unwilling
to lend to Indians living on Indian reservations and in Indian
areac, especially those on trust land, because they are neither
able to enforce the lein nor are they able to market the house
in case of default. This has created a situation where those
people who can afford housing are the ones least likely to have
decent housing available to them. One major result of the lack
of conventional financing has been an adverse effect on economic
development. Housing opportunities for the people needed to
work and manage new or developing reservation businesses are
almost non-existent. In the absence of availability of housing,
economic development is adversely impacted.
Another special condition is presented by remote Alaskan
villages. The location and climatic conditions and for many
the subsistance nature of these villages require a separate
PAGENO="0366"
360
housing effort. The logistics alone needed to supply everything
from materials, tools, and appliances are so exacting and costly
that they must be an important part of any housing effort. Severe
geographic and climatic conditions which cause permafrost, extremes
of temperature, lack of a suitable construction season, and truly
different site conditions make separate treatment for a housing
program almost a requirement. In addition to the above differences,
the distances involved in am Alaskan effort require a distinct
administrative structure.
Spread through an Indian housing effort, whether in Alaska
or elsewhere, is also the recognition that location, lifestyles,
culture and tradition nay call for different designs and building
methods. At a minimum, flexible standards to meet local conditions
should be a part of any Indian housing effort.
A third special condition speaks to the overall situations
found in Indian areas. Many reports and studies in past years
including several GAO reports recognize the necessity of a
coordinated and consolidated approach to Indian housing that
acknowledges as very special conditions, very low incomes,
isolated rural geographical locations, special relationships
to the Federal Government, and the unique situation with regard
to trust land. These reports also go on to say these conditions
are so special that for a program that already requires the
PAGENO="0367"
361
support of a complex infrastructure, the housing effort should
be consolidated into a single agency. This one agency approach
will eliminate or ameliorate the conditions that cause the program
to be so terribly expensive, the process so time-consuming and
frustrating, and in some cases, the product after all this effort
so un-satisfactory.
IV. CONCLUSIONS S
The opportunity to obtain decent housing should be made
available to all income segments of the Indian population living
on trust land. This should be accomplished by creating a situation
that will provide for an available range of financing in order
to house those persons who need to be subsidized and those who
do not.
The program should recognize the very special conditions
under which and the uniqueness of the land situation on which
Indian families live. This recognition should extend to an
understanding that has become evident during the years that the
HUD housing program has been in operation. This understanding
simply stated is that it is too cumbersome, too time-consuming
and un-economical to have three (3) Federal Agencies build one
house.
Accordingly, because the housing effort is inexorably tied
to the land upon which it is built; because in Indian areas this
land for the most part is trust land; because the Interior
18-934 O-83----24
PAGENO="0368"
362
Department supplies the infrastructure needed for a housing
program; therefore, the one Agency that should be designated
the housing responsibility is the Department of the Interior.
V. RECOMMENDATIONS
Develop or support legislation that establishes a compre-
hensive Indian housing program in the Bureau of Indian Affairs.
This legislation should at a minimum provide for the following
programs:
Loan Guarantees
Serve the growing segment of the population that can afford
housing by a guarantee program that will remove the
obstacles now present that inhibit lenders from making
long term mortgage money available on trust land. This
guarantee segment of the comprehensive housing program will
enable conventional lending sources to operate on trust
land by removing the problems of the enforceability of
the lien and the marketability of the product.
The loans guaranteed under this program will bear market
rate interest no greater than that being charged by lenders
for home mortgages in the general area. The mortgage can
be made for up to thirty-three (33) years by any lender
satisfactory to the Secretary of the Interior. The program
will address the major obstacles to home mortgage lenders
by providing for a satisfactory arrangement in case of
defaults.
PAGENO="0369"
363
Revolving Housing Fund
Serve the largest segment of the population - those that
need some subsidy - by establishing an Indian housing
f~nancing fund for the purpose of providing financing
for the construction or rehabilitation of standard housing.
This segment of the program will require a repayment in
accordance with the families' "ability to pay". The
recipients of housing under this part of theoverall
housing program will pay in accordance with their income
for a fixed period of time. The basic program thrust will
be for horneownership, obtainable if the individual meets
the monthly payment. The participant will be responsible
for maintenance and utilities. The tribe or tribal housing
authority will administer the program and return to the
Federal Government the receipts collected over and above
the cost of administration. This program will serve those
people who cannot be served under the guarantee and would
by virtue of being able to make some payment be ineligible
for a grant.
Housing Improvement Pr~g~
Serve the very poor, very isolated people who cannot be
helped by any other program by a grant program similar
to the present HIP, with an increased emphasis on making
repairs that will place housing in standard condition and
thus preserve the existing housing stock. It will also
PAGENO="0370"
3M
build some new housing for those who cannot be assisted by
the revolving housing fund or the guarantee. The money will
be allocated to the tribe or tribal housing agency, granted
ditrectly to an individual, or administered by the Government,
whichever is the most effective. It will generally follow
the present HIP where the benefits are direct and the program
has proven cost effective and a very satisfactory way to
serve persons who need this type of assistance.
This part of the comprehensive program will also be used
to serve remote Alaskan villages. The remote village effort
will incorporate different standards and energy saving
features. These different standards will also relate to
heating, plumbing, and electricity and the overall unit
size. There will be provision for direct negotiations with
the village in order that the Government can facilitate
purchase and transportation of materials and assist with
contracting arrangements. The overall objective of this
special segment of the HIP will be to control the Government's
cost as well as be able to provide the type of cooperative
assistance with the Native villages so necessary to handling
housing construction in Alaska. There will also be provision
for repayment similar to those provisions under the revolving
fund for those Alaskan Natives and Indian people whose incomes
are such that a payment is not only fair but required.
PAGENO="0371"
365
R)RM 5-6406
10/79
CONSOLIDATED HOUSING INVE~'TORY
FISCAL YEAR 19 81
\\-
j~124
10.230
1,894
677
1,217
1,062
2,279
ALBUQUERQUE
9,807
6,561
3,246
2,099
1,147
2,409
3,556
ANADARKO
5,855
3,171
2,684
1,601
1,083
2,060
3,143
BILLINGS
9,300
6,879
2,421
1,126
1,295
1,705
3,000
EASTERN
5,064
3,615
1,449
681
768
873
~LUNEAU
4,987
1,712.
6,699
MINNEAPOLIS
~, 113
j~7~S
1,815
983
1,683
2,666
~USKOGEE
~2.?
2,611
2,986
6,017
9,003
NAVAJO
26,613
9,283
17,330
11,256
6,074
5,783
11,857
PHOENIX
j~7
819
3,421
2,506
5,927
PORTLAND
1,681
954
727
1,564
2,291
SACRAMENTO
~~Q6
9.645
4,067
4.055
8,122
TOTAL
145,009
84,205
60,804
32,049
28,755
31,429
60,184
PAGENO="0372"
366
COST ESTIMATES FOR INDIAN HOUSING PROGRAM RECOENDAT~~
The opportunity to obtain decent housing will be made available
to all income segments of the Indian population living on trust
land. Tb~~s will be accomplished by creating a situation that will
provide for an available range of financing that runs from an un-
subsidized housing guarantee program to the present Housing Improve-
ment Program (HIP) grant now available.
I. LOAN GUARANTEES
There is a growing segment of the population that could afford
housing if a source of long term mortgage financing were available.
This group will be served under a guarantee program that will remove
the obstacles now present that inhibit lenders from making long
term mortgage money available on trust land. This guarantee segment
of the comprehensive housing program will enable conventional
lending sources to operate on trust land by removing the problems
of the enforceability of the lien and the marketability of the
product.
The loans guaranteed under this program will bear market
rate interest no greater than that being charged by lenders for
home mortgages in the general area. The mortgage can be made
for up to thirty-three (33) years by any lender satisfactory
to the Secretary of the Interior. The program will address the
major obstacles to home mortgage lenders by providing for a satis-
factory arranaement in case of defaults.
PAGENO="0373"
367
II. REVOLVING HOUSING FUND
This part of the housing program will serve the largest
segment of the population. The housing fund will be for the
purpose of providing funds to Indian tribes for the construction
or rehabilitation of standard housing for those families who are
unable to obtain financing from other sources and by virtue of
income being ineligible for a grant under the HIP. The recipients
of housing under this part of the overall housing program will pay
in accordance with their income for a fixed period of time. The -
basic program thrust will be for homeownership, obtainable if the
individual meets the monthly payment requirement. The participant
will be responsible for maintenance and utilities. The tribe or
tribal housing authority will administer the program and return
to the Federal Government the receipts collected over and above
the cost of administration.
III. HOUSING IMPROVEMENT PROGRAM
This part will serve the very poor, very isolated people
who cannot be helped by any other program. The HIP will concentrate
on repairing housing to a standard condition to preserve the
existing housing stock. It will also build some new housing for
those who cannot be assisted by other parts of this effort. The
money will be allocated to a tribe or tribal housing authority,
granted directly to an individual, or administered by the Government,
whichever is most cost effective. It will generally follow the
PAGENO="0374"
368
present H~P where the benefits are direct and the program has
been proven a very satisfactory way to serve persons who need
this type of assistance.
The attached costs are for a housing program to be carried
out by the Bureau of Indian Affairs. More specifically, the
program will have the following parts:
* ~l) A loan guarantee to authorize some $80,000,000 worth
of new construction per year for five years and will require
* an appropriation of $4,000,000 per year. This loan guarantee
aspect of the comprehensive program should produce some 1,000
units per year. Although the accompanying cost estimates do
not include any income from charges for the guarantee, there
probably will be a charge that will contribute towards the cost
of administration of the program.
(2) A revolving housing fund of $200,000,000 to subsidize
new housing construction of some 4,000 units per year.
(3) A Housing Improvement Program for $25,000,000 to emphasize
repair and renovation of housing to standard condition and to
provide some new housing for people who cannot be served by any
other part of the housing program. The cost estimates envision
some 1,750 repairs per year and the construction of 225 new homes.
PAGENO="0375"
369
The cost-estimates are presented for a 5-year period and
do not include the cost for the provision of water and sanitation
facilities except in the case of the guarantee program where these
costs ate included in the per unit costs. The average costs listed
are based on the estimates of the BIA. It is also assumed that a
start-up time of six months will be required for both the revolving
fund and the guarantee program. Therefore, the initial year
production is costed at half the production rate of subsequent years.
The administrative cost of $5,000,000 per year is presented without
lapse under the assumption that the program will be fully staffed
in the initial year.
The housing revolving fund will incorporate an ability to
pay principle. The amounts collected over and above the costs of
the tribes to operate the program will be returned to the fund.
The return to the revolving fund is calculated on an average of
$50 per unit month with the first return based on initial occupancy
beginning in the second year. Subsequent years appropriation from
the authorized $200,000,000 are reduced by the amounts returned to
the fund.
PAGENO="0376"
COST ESTIMATES FOR AN INTERIOR HOUSING PROGRAM
L~AN GUARANTEE PROGRAM
Cost
Ave. Cost (Contingent
Units 1_per house / Liability)
REVOLVING IAXJSIN(; FUND
Reteipt a
Ave. Cost Total to Revolving Fund Actual
Unlts_J per house_f cost I $50 I ao. I house 1 cost
2000 I *50,000 /$l00.(~4/ /1100.014
Year
1983
1000 / $80,000
/ $4014
(t*n t51'l
1984
1000 / 180,000 / $4014
(80.014)
4000 1 $50,000 /$200.014/ $1214 /$198.*14
4000 I $50,000 /$200.014/ 33.614 /3196.414
1985
1000 / $80,000 / $4,014
(80.014)
1986
1000 / $80,000 / $4014
(80.014)
4000 I $60,000 /$240.014/ *6.014 /$234.G4
4000 / $60,000 /1240.014/ *8.414 /3231.614
-~
1987
1000 / $80,000 / *4.014
(80,14)
- -~
5000 / $80,000 /320.014
~j~40O.014)
-
18,000 I Variable /1980.014/ /*960.814
PAGENO="0377"
COST ESTIMATES FOR AN INTERIOR HOUSING PROGRAM---Contlnued
l~uSlNG INI'POV(MENT PROCRAM
Ave. Cu't Total. Ave. Cust Total
Units/per house/ New Units/per house/Repair
125 /133.000 111.514 1750 /310,000 1*11.514
TOTAL PRXRAMS
Units /Cost n~J~st
3225 / *116.514 1750 1 117.514
~L11ifi~~ Cofl,
Personnel I
0ff1t~a Cn~t~
*5.124
~TAL Ifl1S1M ~iocu~
tie
*134.9w
225 /133,000 /17.514
1750 /310,000 /317.514
$ 5.014
5225 / 1215.314
1750 1 1*1.514
$232.$M
225 /133,000 /31.514
1150 /310,OóO /117.514
* 5.124
5225 / $21 2.9w
1750 1 111.514
*230.414
215 /135,000 /11.514
1460 /312,000 /311.514
$ 5.124
5215 / *250.514
1460 I $17.SM
*264.014
215 /135.000 /11.514
1460 /112.000 /311.514
$ 5.9w
5215 /~3248.1M
-
24,105/ 31,043.94
1460 I *11.514
-~
$170 / 387.514
*265.~14
-
*1.130.814
!
111)5 /Variable /31.514
8170 /Varjable /387.514
325.9w
PAGENO="0378"
372
;`r~ )
tr~ ~ 3
STAFF REPDRT
G4B TASK FORCE FOR A N~ INDIAN HCUSING DELIV~Y SYSTE~4
~Dc&thICN ~ND Stfl~ARY
At the February 28, 1982 rreeting of the ~B Task Force on Indian
1~sing, it was decided that staff fran HUD, BIA, IHS arid Farmers
Hone ?~ninistration ~ould describe five delivery rrechani~is for a
future Indian housing program. Following are the delivery rrr~dels
presented arid analyzed:
~tion *1 - Housing Block Grant
~tion *2 - Canprehensive Block Grant
Cption 43 - Direct Loan Program
~tion *4 - Loan G.iarantee Program
C~tion *5 - Hodified Certificate Program (to be used in
canbination with other options)
~tion *6 - Canbination of a Loan O~arantee with a Housing Block
Grant arid ?~3ified Certificate Program (Cptions `bs.
1, 3 arid 5. See pages 11-14).
~ch irodel is based on the preiiise that the Tribe would be responsible
for the program and could use the IHA to administer the program, if desired.
In general, all rrodels `a.ould provide greater Tribal autonany arid flexibility.
For each irrdel the following will be discussed: description of the delivery
syst~n, the ~cpulation served, infrastructure supçort (i.e., water arid
se~r facilities), cost levels (both program and administrative as
applicable), arid the basic advantages and disadvantages of the mx3el.
o~rict~ *1 - Indian Housing Block Grant Program
1. telivery System:
~n Indian housing block grant program ~uld be proposed as a
legislative initiative for all federally and state recognized Tribes.
The Tribes s~ould have the flexibility to use funds to increase the
supply of housing or to u~rade existing housing (i.e *, new construc-
tion, rehabilitation or rrodernizatiOn). Given the scarcity of existing
stock on reservations, it is asst.rned that the block grant funds s.vuld
be used prinarily for new construction. The housing grant could be
used for up to 100 percent of the total developiient or rehabilitation
costs of Indian housing (Tribes could use CDBG or other funds or
leverage private funds to suppl~ient this grant). The Tribes, if
desired, could propose to use funds for housing down payments or for
a revolving loan fund. Tribes ~uld also be free to propose their
mix of hcineownershiP arid rental units.
Certificates ~~vuld be available for low-incar~ renter arid hat~ownership
families. The ~cperirnental Housing Allowance hat~ownership voucher program
~uld be used as a irodel for the hcrreownership certificate (i.e., equity in
the hone s~ould count as incane for eligibility purposes arx~ determination
of family contribution). Cption 5 provides further discussion of how a
certificate program ~ould operate.
PAGENO="0379"
373
Federal requir~rents would be limited to the folloving:
o Fw~)s could only be used for low and moderate incane families.
o Fbr consistency with other assisted housing programs, families
would be required to contribute a percentage (such as 30 percent)
of their inccire for housing. As stated previously, low-inccxne
families could obtain certificates to reduce the family's share
of housing costs. `lb assure that rents or hanebuyer payments
~re cxllected, the Federal ~vermnent could require that when
a Tribe `s tenant accounts receivables wore more than 15 percent
of monthly charges, that -other Federal funds given to the Tribe
could be used to offset against this debt.
o Basic health, safety and durability housing standards would
apply to housing rehabilitated or developed under this program.
(i.e., MPS for durability standards; model ~es for health and
safety standards)
o A developnent "cap per unit could be established.
o Tribes would be required to keep accurate bocks of account
and report annually on overall performance.
Tribes would apply for funds on an annual basis. Funds would be
distributed canpetitively on the basis of 1) need, 2) reservation
assets (wealth) 3) quality of proposal, and 4) capacity or track record.
Funds could be consolidated fran all current low-incane housing programs,
including the current BUD Mutual Help and rental program, the BIA HIP
program and the Farmers Bane Loan program.
2. Population Served: low and moderate incc*te
3. Infrastructure Support:
The costs of off-site water and sewer facilities (as well as access
roads) would be provided as a part of the per unit costs.
PAGENO="0380"
374
4. Annual Purr3irx~ Levels:*
~tion A - per unit costs $58,000 (includes $8000 per unit for
water/sewer)
Cption B - per unit costs $48,000 (includes $8000 per unit for
water/sewer)
CptiOn C - sane as tB, $11,589 CA per unit, $57,947 BA per tn-ut
2000 units 4000 units 5000 units
Cption A $116 million $232 million $290 iiilllion
~tion B $ 96 million $192 million $240 million
cption C $ 23.2 rnillion(CA) $46.4 million(CA) $ 58 milliorx(CA)
$115.9 million(BA) $232 million(BA) $289.7 million (BA)
*CA is contract authority (outlay); BA is budget authority for a
5-year term.
5. ~tion Analysis:
- ~nsolidating all current Ir~ian housing programs into a block
grant program could result in less government long-term obligation
for Ir~ian housing.
- Providing a irore flexible program respart~s to Tribal interest
arx3 less government red tape. W
- Less government involvement could lessen HUD Federal
staff costs.
- Sinos waste or misuse of fur~s ~ould result in fewer units
fran the grant, the Tribe could have rrore incentive to control
costs arx3 limit waste or misuse.
Cc~
- &x~e Tribes/IHAs have questionable capacity to ~rninister such
a program without greater Federal involvement. Snail tribes do
not have the capacity, including expertise for start-up.
PAGENO="0381"
375
- Ho sore than relatively m~1l rnsther of units could be built
in any one year wi~iout multi-year budget authority. (Hote:
Cption C provides for 5 years of budget authority - similar
to the Certificate Program)
Even if a future program could be simplified, it would be
difficult to phase-in the current HUD program since MUD has
long-term (25 to 40 year) contracts with IHAs. XMAs therefore
could not be readily phased out.
OPTION *2 - Canprehensive Indian Block Program
1. t~livery Syst~n:
A conprehensive Indian Block Grant Program would be propDsed as
a legislative initiative for all federally and state recognized
Tribes. This canprehensive block grant could give the Tribes the
flexibility to use funds received for all housing, econcrnic,
cctrmunity develo~xnent, caiinunity facilities and related man~x~wer
and social service programs. Housing requirements could be the same
as those described in C~tion *1 but Tribes would have the flexibility
to use funds for whatever purposes meet their needs (not necessary
housing). Funds could be distributed on a needs formula which would
include factors such as tribal assets/wealth, extent of suhetandard
* housing, unemplo~nent level, etc. Tribes not performing could be
restricted fran future funding.
2. I~pulation Served: All incare levels
3. Infrastructure Supçort:
Access roads and water/sewer facilities would be eligible itens
under this canprehensive block grant.
4. Annual Funding Levels:*
Approximately $385 million annually (includes 10 percent or about
$35 million for Tribal administration). The ccxitprehensive grant
could include but not be limited to the foll~ing current programs:
BUD Housing ($40 million), BIA/HIP housing ($23 million); ~HA/Indian
related housing ($40 million), lBS Infrastructure ($50 million),
*The specific programs identified and cost estimates were provided
only as a general illustration of such a canprehensive block grant
and are based on conversations with BIA and ONE staff.
PAGENO="0382"
376
BIA F~ncin.ic ~velop~ent ($26 million); WJD/t~ ($30 million);
BIA Direct Etiployrrent ($10 million), BIA Misc. ~Xcationa1/A3ult
~ucation ($20 million); BIA Fire Protection ($56 million);
BIA Tribal ~vemrent Services ($24 million), BIA Self-t~terinina-
tion grants ($7 million); BIA Discretionary Sz)cial Services
($25 million).
5. Qtion Analysis
P1
~nsolidating all current social services, capital construction
and related econanic developient prograrra into a canprehensive
block grant could result in less goverr~nent obligation.
- - Providing a rrore flexible program res~nds to sane Tribal
interest for greater flexibility to emphasize specific needs -
for example, to emphasize job developtent rather than to build
ITore housing units.
- Since waste or misuse of funds ~ould result in less funds in
the future, the Tribe could have ITore incentive to control
costs and limit waste or misuse.
cas
- This cariprehensive grant is contrary to BIA' s statutory rrandate
to group together (as a block grant) certain BIA funded projects
on a derronstration basis. U~er BIA~s 1981 legislation the
Tribes have the flexibility to determine which projects should
be grouped together. For the six Tribal pro~sals being
* actively considered, econcxnic developnent and social services
are separate $blocksN fran housing and carrnunity developlient.
- Sane Tribes have questionable capacity to ~niinister such a
program without greater Federal involverrent.
- If the Tribe did not choose to use its funds for housing
the Indian housing need ~uld not be rret thereby creating
a future potential governrrent obligation.
- It could be a difficult and lengthy process to phase all the
current programs (especially but not limited to the HUD
housing program) into this consolidated grant.
PAGENO="0383"
377
o~ria~ t3 - DIRECr LOAN PI~JGRAM
1. ~livery ~chani~:
th3er this prqx)sed option, Federal and state recx)gnized Tribes ~uld
be authorized to make loans to eligible Indian applicants to build
hzes for Indian fai~ilies. The nirtgage term could be 33 years. The
interest on the loan ~uld be on a graduated basis, depending on incare
level (one percent for low inccrne applicants up to seven percent for
rroderate incare applicants). The Federal Coverrurent ~uld be authorized
to foreclose with the first option to purchase the property to be given
to .the Tribe.
2. Ppulation Served:
Lc~ and ircderate incone applicants, up to 110 percent of the median
!ncare of the area.
3. Infrastructure Sup~x)rt:
Water/sewer facilities ~uld be incl~ed in the unit costs.
4. Annual Cost Levels: *
Per t~iit 2000 units 4000 units 5000 units
~tual cost $ 40,000 $ 80 million $160 million $200 million
Contract Authority $ 3,500 $ 7 million $ 14 million $ 17.5 million
Ba~get ~ithority
(33 years) $115,000 $231 million $462 million $577.5 million
*Cost figures provided by the I~parbrent of Ariculture.
5. Cption Analysis:
PR~
- 1'buld provide a mechani~ir to attract sare private investhient to
reservations.
- Would provide a mechaniam to serve hoth low and rxx3erate incxine
Indian families.
- The Farmers Hare Prcx3ram (which is similar to this rrodel) is in
place and could be ecpanded without developing a new program
requiring Congressional action. Farmers Hone has had sate success
negotiating land agreements with Tribes to build on Indian land.
18-934 0-83-25
PAGENO="0384"
378
There is ronsiderable ~position to ~ntinuing Federal ~err~r~nt
direct loan housing pr~r~ns. The current Fariters Hone Prngran
(which is similar to this altez~iative) is currently being phased
dc~. -` -
A direct ioan prngran does not deal with the pr~l~n of security
in building on Tribal land which has not been resolved on a wide-
spread basis.
o~ria~ #4 - LQN ~PA~~EE PR~X~M
1. ~scription of ~livery Systen
?brtgage credit has been alsost non-existent on Indian reservations
because lenders and builders are uncertain as to their ability to
foreclose on trust lards. In addition, Indian land tends to be rerrrte
which creates a marketing problen for rep~sessed hones. BIA propases
a guarantee prngran that rray attract private investn~nt for housing on
Indian reservations. EHA currently has the capacity to insure low down
paymant 30-year rrortgages made by private financial institutions but
there is little activity in reservations because (1) applicants cannot
qualify for FHA, and (2) FHA does not accept Trust land as security for
loan.
T~ assure that a loan guarantee prngran administered either by BIA or
FHA is ~rkable on reservations, certain legislation is recaiTnended.
This legislation s~uld entail the following canpaients:
° The value of leasehold interests in Trust land should be increased
by authorizing 99-year leases. Subsequent Irortgage resale
requires sore than a 25 plus 25-year leases to be attractive.
o Procedures ~.ould need to be developed to enable the Federal
Government to make sortgage insurance available, without
regard to the marketability of the title on Indian resevation
land.
o If the BIA option is selected, there bould need to be a Federal
guarantee of 100 percent. Qiarantee of 90 percent is not sufficient
to attract adequate private investnent to Indian country. (FHA insures
95 or 97 percent)
PAGENO="0385"
379
2. ~pulatiori Served:
Middle incxire families (above $25,000 or $30,000)
Private investeent requires higher standards for credit than
~vermnent program even when guaranteed.
3. Infrastructure Su~,rt:
Since nost reservations are in rerrote areas, infrastructure
~uld need to be provided by the ~ibe through a block grant
or other sources as an incentive for the lenders or developers
to invest on Indian reservations.
Infrastructure supçort required is as follows:
o ~cess in the form of roads to construction
areas and individual buildiog lots.
o Utilities - in the form of water, sewer, and power
to the construction site and individual
buildiog lots.
o Site Mitigation in the form of archeological clearance
of the site or lot.
If not otherwise provided, these itens should be specified as part
of the cost of the unit.
4. Cost Levels:
FHA option - Sane outlays in future years, due to foreclosures, can
be expected especially if the FBA special risk fund is
used. Historic experience fran HUD' s other FHA insured
programs suggests that as each fiscal year invesbnent
increases, losses will exceed incxxne fran nortgage
insurance premiums.
BIA option - $4 million annually for 1000 units. (BIA proposes
$4 million annually for 5 years or $20 million total
costs. NDte: BIA's estimate of defaults at 5 percent
appears low based on HUD's other F~IA insured programs.)
PAGENO="0386"
380
5. qtion ~zia1ysis:
P~s
- A loan guarantee prngram ~uld supply private investhent
to Indian country for housing.
t~per~3ence on ~verreent subsidized prngrarns b~Uld be
reduced.
Private investhent ~uld deliver ~ising at a faster rate.
Private investhent ~uld produce housing at a lesser oust.
A loan guarantee progran may not supply sufficient private
investierit to Indian country for housing.
If the provision for the lender to thtain only 90 percent
of the renaming irortgage balance rather than 100 percent
is selected there ~ild not be sufficient incentive to
attract lenders to Indian reservations.
- There ~ould be limited access to secondary ianney markets if
the BIA option is selected.
Sane Tribes may not have the financial resources to a~uire
units offered on first right of refusal.
OPTI~V $5 - C~TIFICkTE OP'rIcV
1. ~1ivery MechanisTt:
In order to assure that low incone persons are able to afford to
occ'~y~' units prop~sed to be developed (or renovated) under Cptions
1, 2 and 3, each Tribe ~uld received a special allocation of proposed
Certificates. The Certificate ~u1d be irodified to be appropriate for
Indian areas. That is, the Certificate ~uld be wtiedR to the house
constructed or rehabilitated with block grant funds or financed by the
PAGENO="0387"
loan guarantee program. These Certificates ~xuld be available both to
eligible tenants and hanebuyers (hai~eowners) (since haneownership is
~znportant to Indian families and since the majority of Indians have
their own land allotments). For haneowners, the equity in the hane
could count as incane for eligibility purposes and for family
contribution as was done in the E~cperinEntal Housiog Allowance
Program.
Other program requirenents ~uld generally be the same as the proposed
Certificate Program. Eligibility ~uld be linited to households at or
below 50 percent of the median family incane of the area. The payment
standard, which ~uld represent the maximtm~ assistance, ~uld be based
on costs attributed to the unit includirq debt service (if applicable)
maintenance, insurance and other a3ministrative expenses, and utility
costs. The family contribution (30 percent of inoane) ~uld be deducted
fran the payment standard to determine the maxirnt~n housing assistance.
The edrninistering agency ~u1d be the tribe who could contract with the
Housing Authority if desired. The ~ibe could qualify as a `Public
Housing Agency" within the current statute under the concept.
381
2. Fopu.lation Served:
L~ incane families, i.e., those under 50 percent of the
median incare of the area (not reservation).
3. Infrastructure Support: (~bt applicable)
4. Annual Cost Levels:*
Per unit costs $2150 (CA) inc1~r3es $2000 per unit for payment
standard plus $150 per unit a~1ministration fee.**
For 2000 units For 4000 units For 5000 units
$ 4.3 million(CA) $ 8.6 million(CA) $10.8 million(CA)
$21.5 mi11ion(~A) $43 million(BA) $53.8 million(BA)
* *CA is annual outlay (contract authority); B~ is bndget authority
for 5 years.
**~ payment standard level is the sane as HUD's legislative
proposal for Certificates.
PAGENO="0388"
382
5. ~tion Maly~:
Provides low-tho~tie families on reservations the site
benefits as non-reservation low-inccee families -
i.e., families are provided certificates to make housing
affordable and, at the same time, families are required
to make a reasonable housing parent (30 percent of incane).
- Will sot require design of an entirely mew program for
reservation Indians, since the prc~xsed Certificate Program
can be used with some irodificaticris.
- FeITnits reservation Indian to take advantage of a funding stream
proposed to general population. ~
C~s
- Several elarents of the Certificate approach (such as the
incentive to rent under the pa~ment standard) are not
applicable to Indian reservations.
- Will add additional goverr~nent obligation to an Indian
housing program.
*OPT~ 6 - ~INATICt4 OF A LOAN ~JARANTEE WI~ A HCUSING BLOCK GRANT
AND MODIFIED C~TIFICATE P~M (Cptions N3s. 1, 3 and 5)
1. ~livery System:
An Indian housing block grant would be proposed as a legislative
initiative for federally and state recognized tribes. The Tribes
could use the funds (up to a fixed per unit arount) as a front-end
`write down' of housing construction costs. The remainder of the
housing construction cost (minus a rrodest down paye~nt) would be
financed through a fliPs loan guarantee. The FBA legislation would be
amended to permit use of this Federal loan guarantee without regard
to restrictions relative to the marketability of the title. For low-
in~ne families (those below 50 percent of the median for the area),
a Certificate would be tied to the unit constructed to support the
difference bet~en the housing costs (i.e., cost of the FHA insured
nortgage for a 30-year term at 15-1/2 percent interest, insurance,
maintenance and possibly utilities) and 30 percent of the family's
PAGENO="0389"
383
a~justed incate. As an incentive for the tribe (and Tribal Court)
to minimize defaults and claims to the insurance fund, the level of
block grant funds could be reduced by a percentage of claims against
to the FBA insurance fund.
2. ~pulation Served:
Lo~.-incx~ familIes. Also, soderate and middle incane families without
the nrx1ified certificate.
3. Infrastructure &1p~x)rt:
Water and sewer facilities could be par.t of per unit costs or could
be provided by the Tribe or by Indian Health Service.
4. Oznbined wd C~st Levels: ~ options are prcçosed, both are based
on a housing cc~.s of $50,000. Cption A assunes a certificate cost of
$2000; Cption B a certificate cost of $2700. Therefore the cost
assunptions used in these options are:
OPTIC~ A OPTICt B
Housing Costs(minus down
payment) $50,CO0 $50,000
Block Grant Write-t~)wn $37,224 $32,752
Annual Certificate Costs $ 2,000 $ 2,700
(1~bt Service) ($12,776 ($17,248
Trortgage) nortgage)
~bte: C~tions #A and #B assune the certificate covers the debt service
(principle and interest at 15-1/2 percent for 30 years) and that
the other housing costs listed below ~u1d be ass~d by the family
or Tribe. Other annual housing costs include:
Insurance $ 180
Utilities $1200
Maintenance (both routine and
and nonroutine) $ 300
$1680
TLbder Cptions tA and fB the average Indian reservation
family ~uld have to have an adjusted incane of $5,600
to spend a maxiirnzn of 30 percent of its adjusted inccxi~
on housing costs (other than debt service).
PAGENO="0390"
384
Annual Funding Levels - ~thined ~tions (in millions of dollars)
2000 units 4000 units 5000 units
OPTICVA
Block (rant Write-~zn $74.~ $l4~tt $l86.lm
$~ CA, $~ CA, $lQt CA
$2CknBA $4QttBA $5(~nBA
Certificate (Atnin. Fee)** $3~ $~
F~A Insurance Fuix)***
OP~ICN B
Block want $65.Sm $l3iiti $163.8m
Certificate* $5.~n CA $lO.&n CA $l3.Sin CA,
$27M BA $5~n BA $67.Srn BA
Certificate (A±nin. Fee)** $~ $Q~.
FHA Insurance Furx1***
~ outlay (contract authority - CA) for a 5-year term (budget authority -.
BA).
**~~te~ an annual outlay of $150 per unit for Tribal administrative costs.
***There will be sate loss to the FHA insurance fund; estimates are not
available.
5. ~ditiona1 Issues:
o ~pu1ation Served. (Cr~ly1ow-in~xxne or muderate and middle
inccxne populations in need of standard housing)
If the program is targeted solely at the 1~ti-incane reservation
papulation the Federal costs will cbviously be higher, since the
certificate costs will be necessary for all participants.
o ~Mnpayment. (Qirrent FHA level or a higher level):
A downpayrtent (based on a percentage of incxxte) above current FHA
requiretrents (tied to percentage of incate) coul~~ure greater
family respansibility, thereby reducing defaults and claims to the
~~iA insurance fund. Low-incorre families could be permitted to obtain
a loan for the downpa~Tent if they couldn't afford a lunp-sun payrTent.
}bvever the issue the Indian catntunity could raise is whether or not
they thould be treated °differently.° FHA only insures 97 percent of
the first $25,000 and 95 percent of the balance, up to theceiling for
the area (i.e, a 3-5 percent downpayirent).
PAGENO="0391"
385
o Housing Costs. (State and/or Tribal Contribution):
The current cost asstznption of approximately $50,000 annually may
not cover all costs in r~rote areas. Coe way of addressing this
probl~n, without raising the $50,000 plus ceiling, is to require
states and/or Tribes to support costs above this $50,000 limit.
(For example, the Alaska de~nstration irodel, where the state
contributes a substantial share of the construction costs, could
be applied. It should be noted that about 10 percent of the 499
Tribes have substantial assets according to BIA and possibly could
invest in housing.*)
o Budget Authority for the Modified Certificates vis a vis FHA
Mortgage ~rm:
If the Modified Certificate is only cont~nplated for a five year
term, without an autonatic renewal clause, it may be risky to
target assistance to lciw-incaie families as there ~uld not be
long-term security in the mortgage payment.
*The BIA statute wuld need to be amanded since it currently restricts
long-term investment of Tribal and individual Indian assets.
PAGENO="0392"
Honorable Kenneth L. Smith
Assistant Secretary of the Interior
Washington, DC 20240
Dear Mr. Smith:
We have reviewed the draft bill H.R. 5988, "To provide for an Indian Housing
program for construction and financing of housing for Indians, and for other
purposes." We have recommended to the Department that the bill be enacted.
We are also in support of the position paper on Indian Housing Program
as prepared for Assistant Secretary Indian Affairs, which was presented
and discussed at the Task Force meeting held on Monday, April 12, 1982.
We have no objection to the proposal and observe no conflict with the
single family housing loan program administered by this Agency.
=~ 1 `S Al, St t"
386
-. ~ United States
Department ot'
"`~,~_j Agriculture
Farmers
Home
Administration
Was~en9tOfl
D.C.
20250
April 14, 1982
NEAL
Acting Deputy
Program Operations
PAGENO="0393"
387
DEPARTMENT OF HEALTH & HUMAN SERVICES Public Health Service
Health Services Administration
Indian Health Service
Rockville, Maryland 20857
April 1~, 1982
Kenneth Smith
Assistant Secretary for Indian Affairs
Department of Interior
18th & E Street NW
Washington, D. C. 20024
Dear Mr. Smith~
This office has reviewed the Bureau of Indian Affairs (BIA) position paper on
the Indian Housing Program and concurs with observations made by Mr. Pearson
on the attached memorandum dated April 1~. The BIA proposal has significant
merit and H.R. 5988, the proposed Indian Housing Act of 1982, appears to
accomplish the dual objectives of the Task Force To Study Indian Housing by
providing a mechanism to (a) attract private capital onto Indian reservations
for houaing development and (b) improve the delivery system for Indian housing
programs. However, the Indian Health-Service cannot make a commitment for the
Department of Health and Human Service (HItS). A copy of the BIA position
paper is being provided to the DHHS with a recoea,endation that Comments be
provided to you and the Office of Management and Budget as soon as possible to
assist in the development of the Administration comments regarding H.R. 5988.
Sincerely yours,
~
~`-~cerett R. Rhoaäes, M.D.
Assistant Surgeon General
Director, Indian Health Service
PAGENO="0394"
388
DEPARTMENT OF HEALTH & HUMAN SERVICES Pub~c Health Serace
Memorandum
APR 3 ~ I~DIA1l HEALTH SERVICE
Date
From Director, Environmental Health
Indian Health Service
Subject TASK FORCE ~ETING - April 12, 1982
To For the Record
A meeting of the Task Force To Study Indian Rousing was held on April 12 at
the Department of Interior Building (Dol) in Washington, 0. C. A list of the
* attendees is enclosed.
The Chairman, Mr. Kenneth Smith, Assistant Secretary for Indian Affairs, 001,
presented a position paper recosmtending legislation to establish a
comprehensive Indian housing program in the Bureau of Indian Affairs (BIA) for
* the purpose of accomplishing the two major objectives of the Task Force, i.e.
(1) attract private capital to Indian reservations for housing development,
and (2) improve the housing delivery mechanisms.
Assistant Secretary Smith has received a letter from the Office of Management
and Budget (o~) requesting a report from the Task Force to be used by the
Administration in preparation for testimony on April 29 on H.R. 5988, The
Indian Housing Act of 1982, which is proposed by a bipartisan congressional
task force. Mr. Smith reviewed the ETA position paper and the
congressionally-proposed legislation with the participants in the Task Force.
He indicated that the congressionally-proposed legislation was essentially
compatible with the recotmeendations of the BIA.
In the Task Force review, selected elements of H.R. 5988 as listed below were
discussed:
(1) The proposed legislation places the responsibility for the success of
the tribal housing program upon each tribe instead of a Federal
agency or another Indian entity.
(2) The legislation requires each tribe to make a firm cocetiteerit of its
trust revenue to assure payment of the financial obligations for the
housing project. This tribal caumtitment should also assure
enforcement of cotretitnents by tribal members, which is apparently a
problem with existing Indian housing programs.
(3) The Indian Housing program would be concentrated in one agency
instead of two Federal agencies as presently exists.
(4) The Federal housing progran would not be involved in rent management
or the payment of costly home operation, maintenance and utility
subsidies for the future.
PAGENO="0395"
389
(5) There are significant provisions for repair and rehabilitation of
homes to standard condition in lieu of more costly new construction.
This factor can increase the number of homes served with a given
amount of funding. -
(6) There is motivation for a tribe to be innovative and cost-effective
in their housing plans to increase the number of homes to be
provided. Motivation of cost savings and collection enforcement were
said to be lacking in the existing Indian housing programs.
(7) There is a provision requiring each tribe to have their project under
contract for construction within one year, with provisions for a 120
day extension. This provision shoud eliminate a long pipeline of
unbuilt homes.
(8) There are provisions for the establishment of a mandatory revolving
fund from the return receipts from the projects.
(9) There is a provision to provide a level of surveillance by existing
Federal employees to avoid fraud or abuse and to insure quality
control.
(10) There are provisions for technical assistance to the tribes in their
expanded responsibilities.
(11) N.E. 5988 does not cancel or amend the HOD Indian housing program or
any other housing program. American Indians and Alaska Natives, as
citizens, remain eligible for other Federal programs.
Representatives of the BIA, Farmers Home Administration and the Department of
Health and Human Services (HHS) indicated agreement that the BIA proposal is
worthwhile and accomplishs many of the objectives of the Task Force To Study
Indian Housing. In considering other options discussed by the Task Force, the
group reviewed the options listed in the HOD staff report. the group
expressed considerable concern about the workability on Indian reservations of
non-specific block grants and cash voucher systems. These same concerns have
been discussed on numerous occasions in more detail. It was noted that
elements of the two remaining options from the HOD staff report, loan
guarantees and direct loans, were included in the BIA proposal and the draft
legislation.
The group indicated concurrence with Mr. Smith's recommendation that the
sanitation facilities, and the funding thereof, be provided by HHS, IHS, as
indicated in H.R.5988. Mr. Pearson, Director, Office of Environmental Health,
lndian Health Service, attended the Task Force meeting as a member of the Task
Force Work Group and a staff resource person for Dr. Koop, the Surgeon General
of the Public Health Service and the designated JIMS task force member. Mr.
Pearson concurred in the discussed merits of the MA proposal and noted that
tr,~ srososcd le~islatson appears to accomplish the stated objectives of the
PAGENO="0396"
390
Mr. Pearson reminded the group of Dr. Koop's previous announcement that the
HHS and 0MB had determined that the funding for sanitation facilities for new
housing would not come from the IHS budget, and that he could not indicate fillS
approval or disapproval of the budgeting of the sanitation facilities within
IllS until a decision has been obtained from the appropriate departmental level.
Representatives of the Department of Housing and Urban Development (MUD) were
not present at the meeting. Mr. Smith said that he would call the HOD
representatives to discuss the events of the meeting with them and give them
the opportunity to submit written comments to accompany his report to the 0MB.
Mr. Smith said that it would be necessary to receive written comments from the
Task Force participants by COB, April 13, 1982 for inclusion in his written
recommendations to 0MB.
Bill F. Pearson, P.E.
PAGENO="0397"
APPENDIX V
GENERAL
ADDITIONAL MATERIAL SUBMITTED FOR THE HEARING RECORD
TEST I MONY
ON H.R. BILL NUMBER 5988
TO PROVIDE F.OR AN INDIAN HOUSING PROGRAM
FOR CONSTRUCTION AND FINANCING OF HOUSING FOR
INDIANS AND FOR OTHER PURPOSES.
BEFORE THE COMMITTEE ON INTERIOR INSULAR AFFAIRS
PRESENTED BY
MR. ALLEN ROWLAND,
PRESIDENT OF THE NORTHERN CHEYENNE
INDIAN TRIBE OF THE NORTHERN CHEYENNE INDIAN RESERVATION
APRIL 24, 1982
RAPID CITY, SOUTH DAKOTA
MY NAME IS ALLEN ROWLAND. AS PRESIDENT OF THE NORTHERN
CHEYENNE INDIAN TRIBE I WISH TO EXTEND MY PERSONAL THANKS TO
MR. UDALL, MR. KILDEE, MR. WILLIAMS, AND OTHER CONGRESSIONAL
CO-SPONSORS FOR RECOGNIZING THE GRAVE AND SERIOUS HOUSING
PROBLEMS CONFRONTING THE MAJORITY OF INDIAN TRIBES TODAY.
THE SINCERE CONCERNS OF THESE CONGRESSIONAL MEMBERS HAVE
RESULTED IN THE DRAFTING OF H.R. BILL NUMBER 5988 WHICH I
INTERPRET AS PROPOSING SPECIFIC ALTERNATIVES AND OPTIONS FOR
INDIAN PEOPLE WHO RESIDE WITHIN INDIAN TERRITORIES TO ACQUIRE
SAFE, DECENT AND SUITABLE HOUSING.
PAGENO="0398"
392
TESTIMONY BY ALLEN ROWLAND
PAGE 2.
AFTER CAREFUL DELIBERATION AND CONSULTATION WITH MEMBERS
OF THE NORTHERN CHEYENNE TRIBAL COUNCIL, I WISH TO ADDRESS SOME
RATHER SERIOUS ASSUMPTIONS WITHIN THE PROPOSED BILL (NUMBER 5988)
WHICH, IN MY OPINION, MUST BE CORRECTED BEFORE I OR THE NORTHERN
CHEYENNE LEGISLATIVE BODY CAN EXTEND OUR FULL SUPPORT IN THE
PROPOSED ACTION.
FOR THE PAST 20 YEARS, THE NORTHERN CHEYENNE TRIBE HAS
SYSTEMATICALLY AND INTENTIONALLY CONSOLIDATED ITS LAND HOLDINGS
WITHIN THE EXTERIOR BOUNDARIES OF THE RESERVATION. BECAUSE OF
THIS EXTRAORDINARY FORESIGHT, THE NORTHERN CHEYENNE TRIBE IS
ONE OF THE FEW TRIBES WHICH OWNS NINETY-NINE PER CENT (99%) OF
ALL LANDS WITHIN ITS RESERVATION CONFINES, 90% BEING IN TRUST
STATUS. TO FURTHER CLARIFY THIS STATEMENT, THIS MEANS THAT
ONLY 1% OF THE LAND WITHIN THE RESERVATION AREA IS NOT INDIAN
OWNED OR CONTROLLED. THE TRIBE HAS DEARLY SACRIFICED ITS SOCIAL
AND ECONOMIC WELL-BEING IN ORDER TO ENSURE THAT ITS RESERVATION
IS INTACT AND SOLELY OWNED AND CONTROLLED BY ITS MEMBERSHIP.
STILL, THESE TRIBAL LANDS ARE CONSIDERED THE LAST AND FINAL
HOME OF THE NORTHERN CHEYENNE PEOPLE.
PAGENO="0399"
393
TESTIMONY BY ALLEN ROWLAND
PAGE 3.
AS I APPLY THESE .FACTS ABOUT THE NORTHERN CHEYENNE TRIBE
AND ITS LAND BASE TO THE PROPOSED BILL I AM DEEPLY DISTRESSED
AND CONFUSED ABOUT THOSE PROVISIONS WITHIN SECTIONS 103, 104,
SECTIONS 205 (a), 2O5 (b)(1), 205 (d), 208 (b), 209 (b)(1)
209 (c), 211 (c)(2) and (3), Section ~O2, Section 309 (a)(1),
Section 309 (b) and Cc), Section 310 WHICH ELUDE TO THE PLEDGING
AND ASSIGNMENT OF TRUST LANDS AS VIABLE MORTGAGES FOR THOSE
CHEYENNE LANDOWNERS WHO MAY WISH TO CONSTRUCT, ACQUIRE, OR
REHABILITATE A HOME ON THE RESERVATION. PERSONALLY, I AM
OUTRAGED WITH THE ASSUMPTION THAT TRUST STATUS LAND IS SUGGESTED
AS PROPER SECURITY FOR TRIBAL HOUSING, GIVEN THE FACT THAT THE
NORTHERN CHEYENNE TRIBE HAS CONSISTENTLY REJECTED THOSE
PROPOSALS WHICH IMPLY DIMINISHING TRIBAL TRUST LANDS STATUS.
CERTAINLY, THE NORTHERN CHEYENNE TRIBAL COUNCIL AND I ARE IN NO
WAY OPPOSED TO THE CONCEPT OF ATTACHING TRUST ACCOUNTS OF
INDIVIDUAL TRIBAL MEMBERS TO ENSURE PAYMENT ON AN INCURRED
HOUSING LOAN. YET, IF TRUST LAND IS THE CRUX FOR A MORTGAGING
PROCEDURE WHICH GRAVELY JEOPARDIZES THE STATUS OF INDIAN-OWNED
18-934 0-83-26
PAGENO="0400"
394
TESTIMONY BY ALLEN ROWLAND
PAGE 4.
LAND, I IMPLORE YOU TO. RECONSIDER THIS CHARACTERIZATION AND IMMEDIATELY
OMIT THE PLEDGING OF TRUST LANDS, AS COLLATERAL PLEDGES, FROM
THE BILL.
THE SECOND PRESUMPTION WHICH DISTRESSES ME AS MUCH AS DOES
THE SUGGESTION TO OBLIGATE INDIVIDUAL TRUST LANDS FOR INDIAN
HOUSING SECURITY IS THAT OF A TRIBE BEING LIABLE FOR THE DEBTS
OF ITS INDIVIDUAL TRIBAL MEMBERS (Refer to-Section 205).
AS .THE. BILL IS CURRENTLY DRAFTED A TRIBE MUST PLEDGE ITS
CURRENT AND FUTURE TRUST FUNDS, WHICH I MIGHT ADD ARE NORMALLY
DERIVED FROM THE LEASING OF TRIBALLY OWNED LANDS AND LEASING
OR SALE OF OTHER NATURAL RESOURCES, AS SECURITY FOR THE PROPOSED
HOUSING.
AGAIN, I MUST STRESS THAT THE NORTHERN CHEYENNE TRIBAL
COUNCIL AND I ARE IN ABSOLUTE AGREEMENT THAT AN INDIVIDUAL
TRIBAL ME~1BER OR FAMILY DESIREOUS OFACQUIRING DECENT RESERVATION
BASED HOUSING MUST, INDEED, OBLIGATE HIS OR HER INDIVIDUAL
ASSETS, OTHER THAN TRUST LAND. HOWEVER, FOR THE NORTHERN
CHEYENNE TRIBAL COUNCIL AND MYSELF TO PLEDGE EXISTING AND
PAGENO="0401"
395
TESTIMONY BY ALLEN ROWLAND
PAGE 5.
FUTURE TRUST FUNDS IS NOT ONLY ABSURD, CORPORATELY AND
LEGISLATIVELY IRRESPONSIBLE, BUT CONSTITUTIONALLY ILLEGAL.
I DRAW YOUR ATTENTION TO THE FACT THAT THE UNITED STATES
GOVERNMENT NOR EXXON CORPORATION, FOR THAT MATTER, IS LIABLE
FOR THE DEBTS OFIT5 INDIVIDUAL CITIZENS OR EMPLOYEES. CERTAINLY,
IT IS RIDICULOUS TO ASSUME THAT THE NORTHERN CHEYENNE TRIBAL
GOVERNMENT IN ITS LEGISLATIVE AND CORPORATE AUTHORITIES SHALL,
WITH THE ADOPTION OF SUCH PROPOSED LANGUAGE, BE LIABLE FOR ALL
DEBTS OF INDIVIDUAL TRIBAL MEMBERS. I HAVE ATTACHED A COPY OF
OF THE AMENDED NORTHERN CHEYENNE TRIBAL CONSTITUTION AND
CORPORATE CHARTER WHICH SPECIFICALLY DEFINE THE LEGISLATIVE
POWERS AND RESPONSIBILITIES OF THE TRIBAL COUNCIL AND THE
RESTRICTIONS AND LATITUDES FOR UNIFORM TRIBAL ECONOMIC DEVELOPMENT.
(AMENDED TRIBAL CONSTITUTION: Article IV, Section 1, C,E, and N;
Article V, Section 1; Article IX, Section 2, 3, 4, and 5:
CORPORATE CHARTER; Provision 1; Provision 5(b((l), (c), (d),
(f); Provision 7). MORE SPECIFICALLY, IT IS NOT A RESONISIBLE
LEGISLATIVE NOR CORPORATE ACTION OF THE TRIBAL GOVERNING BODY
PAGENO="0402"
396
TESTIMONY BY ALLEN ROWLAND
PAGE 6.
TO PLEDGE ALREADY LIMITED TRIBAL ASSETS TO BE USED FOR THE
BENEFIT OF ALL TRIBAL MEMBERS, AS JUST COMPENSATION FOR THOSE
MEMBERS WHO IGNORE OR ABUSE THE LEGAL OBLIGATIONS OF INDIVIDUAL
DEBTS.
I AM, THEREFORE, SUGGESTING THAT THE NORTHERN CHEYENNE
TRIBE THROUGH ITS CORPORATE AUTHORITIES CHARTER A TRIBAL
HOUSING CORPORATION APPROVED BY THE U.S.. SECRETARY OF THE
INTERIOR AND THAT ALL EXISTING RESERVATION H.U.D. UNITS, YET
UNPAID FOR, BE TRANSFERRED TO THE CORPORATION AND, THEREBY,
CONSIDERED AS CORPORATE ASSETS. THIS HOUSING CORPORATION
WOULD REALISTICALLY OPERATE AS A RESERV~TION-BASED HOUSING
LAON INSTITUTION, FOR HOUSING EXCLUDING THE COMMITTMENT OF
TRIBAL ASSETS, SUCH AS TRUST LANDS OR FUNDS. QUITE FRANKLY,
I AND THE NORTHERN CHEYENNE TRIBAL GOVERNMENT CAN NOT, NOR
WILL NOT CONSIDER OBLIGATING ASSETS OR TRUST FUNDS TO THE
PROPOSED LEGISLATIVE ACTION AS DRAFTED.
MY LAST CONCERN IN THE PROPOSED BILL IS THAT OF STATUTORIALLY
OBLIGATING INDIAN INDIVIDUALS AND FAMILIES TO A LOAN REPAYMENT
PAGENO="0403"
397
TESTIMONY BY ALLEN ROWLAND
PAGE 7.
SCHEDULE OF 20% OF THE ADJUSTED GROSS INCOME. [Refer to Section
209 (a), (b)(1), and (4)] THIS SUGGESTED STATUTORY REPAYMENT
SCHEDULE WAS DESIGNED FOR A NATIONAL INFLATIONARY PERIOD AND
IS TOTALLY INCONSISTENT WITH THE ECONOMIC REALITIES ON AN
INDIAN RESERVATION THAT IS EXPERIENCING A 47% UNEMPLOYMENT RATE
OF ITS EMPLOYABLE LABOR FORCE. I MUST POINT OUT THAT THERE IS
NO INDUSTRY NOR PRIVATE BUSINESS SECTOR ON THE NORTHERN CHEYENNE
RESERVATION. CONSEQUENTLY, EMPLOYMENT OF EMPLOYABLE TRIBAL*
MEMBERS HINGES ON THE LEGAL ABILITIES OF THE TRIBE TO NEGOTIATE
EMPLOYMENT AGREEMENTS WITH OFF-RESERVATION INDUSTRY. NORMALLY,
SUCH INDUSTRY HAS EXPRESSED EXTREME RELUCTANCE TO FULLY COMMIT
TRIBAL EMPLOYMENT OPPORTUNITIES WHICH WILL EXTEND FIVE YEARS
OR LONGER, LEAST OF ALL TWENTY FIVE YEARS OR THE PROPOSED LIFE
OF A HOUSING LOAN. I THEREFORE IMPLORE THE COMMITTEE MEMBERS
AND STAFF TO OMIT THIS SECTION FROM THE DRAFT BILL AND ADDRESS
SUCH LOAN REPAYMENT PROCEDURES AND SCHEDULES,PREFERRABLY SUBJECT
TO NEGOTIABLE REPAYMENT SCHEDULES WHICH DO NOT EXCEED AN EXCESS
OF 17%, IN THE FORTHCOMING REGULATIONS AS THE BILL IS REDRAFTED
AND RATIFIED.
PAGENO="0404"
398
TESTIMONY BY ALLEN ROWLAND
PAGE 8.
IN CONCLUSION, I AM REQUESTING THE COMMITTEE TO RECONSIDER
THESE MAJOR PROBLEMATIC CONCEPTS WITHIN H.R. BILL NUMBER 5988,
AS DRAFTED, SO THAT THE NORTHERN CHEYENNE TRIBAL COUNCIL AND
I MAY OFFER OUR FULL AND UNCONDITIONALSUPPORT FOR A COMPREHENSIVE
INDIAN HOUSING BILL WHICH WILL ALLOW NORTHERN CHEYENNE TRIBAL
MEMBERS THE OPPORTUNITY TO FINANCE HOUSING OF THEIR CHOICE, AT
REASONABLE COSTS AND WITHOUT JEOPARDIZING THEIR LAST AND FINAL
HOMELANDS. I CAN PERSONALLY ENSURE THE COMMITTEE THAT THE
NORTHERN CHEYENNE TRIBAL COUNCIL AND I WILL DESIGN AND ADOPT
ALL TRIBAL LAWS NECESSARY TO ENFORCE ADEQUATE HOUSING CONSTRUCTION
ON THE RESERVATION AND PROVIDE VIABLE COLLECTION MECHANISM FOR
FAIR AND JUST OPERATION OF A `RESERVATION-BASED HOUSING BANK.'
I THANK YOU FOR YOUR TIME, CONSIDERATION AND COMMITTMENT TO
IMPROVE HOUSING OPPORTUNITIES ON THE NORTHERN CHEYENNE RESERVATION.
PAGENO="0405"
399
Donald Good Voice
Chippewa-Cree Tribe
Rocky Boy Indian Reservation
Box Elder, MT 59521
Mr. Chairman, Committee,
My name is Donold Good Voice,~ I am an enrolled member of the Chippewa
Cree Tribe. I am also an employee of the Chippewa-Cree Housing Authority
as coordinator of Resident Training/Counseling Program.
First of all let me thank this committee for its excellent job on H.R. 5988,
and appreciate the committees hard work, in getting this piece of legislation
introduced and numbered.
When we received H.R. 5988, we realized that you as a committee, did some-
thing, that is really remarkable. I know how important wording is, when
a piece of legislation might become law. Words must be chosen carefully.
In the Chippewa-Cree culture, we too must choose our words carefully,
words in our culture are sacred and must be used accordingly.
We agree that the Bureau of Indian Affairs does have a very bad reputation
among :ndians, with regard to their ability to administer programs and
their lack of responsiveness to Indian concerns. But I must agree that
H.R. 5988 Title IV does have those specific requirementsand restrictions
that will meet those fears and criticisms. However, we are concerned that
a large portion of the appropriation for construction and acquisition could
be syphoned off for administration of this proposed law.
We therefore, make this recommendation, that the appropriation for construction
and acquisition be left intact and a separate appropriation be made for
the administration of these programs.
We therefore, as a tribe, feel resonably assured that this law will mutually
benefit our people. With the inclusion of the afore mentioned recommendations
we can fully support H.R. 5988.
PAGENO="0406"
400
PUEBLO OF ZUNI
P.O. BOX 339
ZUNI. NEW MEX1C087327
ROBERT E. LEWiS MILO OWALEON
Go~e~o~ C~l~
ThEODORE EDAAKIE FRED BOWANNIE, SR.
It G~ttto Co,ifrttatt
SEFFERINOERIACHO, SR. ALEX BOONE
HttdCo~lttttt C~tc~tttt
PESANCIO LAS1LOO
hi rsplyref.rto:
PlAY ~982
The Hona&cthee Mov~4 K. Udafl
ChaAjwian, InWt.Lo'~ and l~uu2an A~aL'~4
235 Cannon ffou,5e O~I~Lee &tLLcUng
Wa.th.Lng~on, V. C. 20515
Vea,'L Chaijtrnan Udail:
The PuebLo oiS Zun-L T.'tLbaL Enrpeoymen-t RLght~ O~.ce (TERO) ~s a ptoglui.m that wa.o
etabV..ohed by the ZwvL T/LLbai Cowtc~U, by te.~oLwt'on, makLng incUan P.'ce~e.&enee
on ~he ZwvL Re4vtva,tLon a T't.~ba2 Law.
The TeLbcl EmpLoyment RLght6 O~Lce £~ the p.'togeam that en~o'rce4 the Ti~LbaL Law
a~ weLL a~s EEOC and OFCCP Law4 that govexn Tnd&zn p~e~eJcenee on aLL empLoyex~s
LocaL, p.~Lva.te, 4ta.te, and £edenaL who opvLa-te on/an nean the Re4eAva,tLon.
TERO'4 main .`~espon.~Lbi~LLty L6 to monitan and en~anee the.~se Law~s and to ~ee that
empLoyment ~`t.ight~ o~ LocaL IndLwu.~ axe pxotected.
The TERO Pxog'cam ha.6 eXpanded t'Lemendou.4Ly .Lnto ~LeLd~s o~ VoeatLoncv8 ThaAniiig,
EconomLe. VeveLoprnent, and wo~da.Lng wLth the govvLnmen.tol agenc.Le4 4aCJi an the
alA, (US, and HUD.
WLth.Ln a yeaA Zwii TERO han contacted aLL FedexaL Agenc..Le.o and han antabLJ~hed
a good woxtzi.ng xeLa,t~Lon4hLp wLth tho4e agene..Lan. Thxoagh con4tant xermLnde't.~ and
~n~oxniaLLon ~sha'tLng, the vaeLow5 ~ede&aL agennieo have become pant o~ the TERO
pnocei~ and have them.~eLve4 a.&~umed theLe own xanpoan.LbL&tLeo ~n en~oitaing
indian pxe~exence Law4s.
Koweve'L, beeaane o~ the coantant change lit £edenaL IndIan Law~s govennJ~ng the~se
agenc-Lan, Zwvci TERO han been ~o'~ce to faeep abxea4t on aLL c.hange.~, whLc.h mewu
voIcing .It'4 concexn-6 on the new pnopo4ed U.R. 5988, the "TNVIAM HOUSING ACT
OF 1982," that you and yowL coLLeagu.e'4 axe p.topoMng to enact.
May 19, 1982
PAGENO="0407"
401
The Konoitab.P..e Moiuti~ K. Udali
May 19, 1982
Page Two
Zwu TERO and HUP have continaoa4&J engaged £n policy qae4-tion ba~tt~e4 coneQJtnJitg
the w~e o~ lndiizn pke~e.kence )teqwLkeme~vt6. In the pxe~sen~t NW) policy addke4~Ang
indLan Pxe~exence, we have Lowid iiiat ~the clau4e ~anguage L6 vexy weak arid L~s
non-4uppoxtLve o~ T'tLbcJ indLan pxe~eitenee xate.6 and xegulatLon4.
Thexe~oxe, L~ £ux~he'c IiidLan ffouJ~Lng ~uLe4 and xegutation~ axe to be made and
Ln~a&mented, we a'.~ concvtned cLtizen4 and xepxe~enta,tive~s o~ owi T'iLba2 Govexnment~
wouLd like ~to ~ee £egL6&vtion entaAi 4t'iorigVi indLan pxe~exence taw4, and La
addLtZon have coritinuouA 4appoxt ~tom eongtei onot commLttee4 who pliOpo4e to
deveLop ox mocU~y LedeiiaL indLan policie4.
PaxtLeuLcvt Lmpoiitance to thL~ teque4.t4 £& Lhe deveLopment oL out eeonomLc ba6se
and contliuted enrployment oL out peopLe.
We a'.~ txLbaL govexnmant6 cannot a~oxd to be Lest oat oL con4ultatLorj oL rnajox
Ledexat IndLan LegLoLatLon. SLnce Lt La beLng advocated that md-Lan Txbe6 tLL.kn
to -theA owe xe-6ouxee4, the px-Lvtvte 4ec.tox, and Lndui,t&Le4 whLch we do not have
(a.6 weLL ax many othet t'tLbe~), we 4tLLL need 4uppott J.n deveLopAg the poten~tLa2
that exL-st~s to Lmptement p.tojecLs that can ciiea,te -6ttch, Lox income geriexa~tiitg
puxpo4e4. We axe doing thi4 tiutough conrpltehen4ve pLanning Lox both 4hoxt and
Long xange gooL6 which teLate to economLc 4eLL-4aLLicIency Lox the Lutuxe. We
de4Ae to 4hate ou.'t panivLng expexiance wLLh othet conlnunWe4 who axe in the
4ame 4tuotion ax we axe, e4pec~LaLLij ut itu.kaL ateax.
The attached Po4-ition Statement 4kouLd be ~tevLewed cLo4eLy and given eaiineot
con-6-Ldexation Lox pLacement in H.R. 5988, which wilL be gxeatLy appxecLated.
RO6ERT E. LEWIS
GOVERNOR, PUET3LO OF ZUNI
EncLo4wie6
PAGENO="0408"
402
POSITiON STATEMENT
ON
H.R. 59~8 THE "INVIAN HOUSING ACT OF 19~2"
FOR
PUE~L() OF ZUNI
P. 0. l3ox p339
ZLIWI, NEW MEXICO 87327
13~~
Robext E. LewL~s
Goveitrio)L, Pae.b.~!o o~ Zw'ui
PAGENO="0409"
403
The PuebLo o~ ZwvL Tit~baL Gouvcnmen.t, thitoughoat At~ goue'~nmentcJ endecwo/t4
have conUnuowsLq .Ln ct dLpLomatic mannvt endo~ed and 4appoltted Fede~aL Ind~Lan
LegL~sLat~on that catts £o'~ SeL~-de m~nat~on and EconormLc 4eL~-ce~encij.
The concept o~ 4aL~-dete.kmZnat~on to the Zwu teLbe ha~s Long been a vLtae
Jng'~edLent to the L~fflment o~ trAhaL g0014 and objecUve4, £n pLanning ~oJt
tt.Lba.L 4eL~-4u~Lnienetj. P'tobabltj the toot6 o~ 4eL~-dete~'uthtation can be
~owtd on the Land~s o~ the ZwvL Re4e.'tva.ti.on.
The Zwti teLbe ~ôt Lts e~oet~ to uphoLd the doctit~&ie o~ ~eL~-detvtmLncvtLon and
to e~cpand on the concep~ would L.üze to voLce £t4s conceitn~ on the pltopo4ed
How6e Re4oLat~on 5988 "THE INVIAN HOUSING ACT OF 1982."
HOUSE RESOLUTiON 5988, "THE 1NVIAW HOUSING ACT OF 1982"
The act L6 ue.'ty p~o1~.Lcient £n addfLe46Lng the IndJan How&Lng need4 and Jtecognize4
the need to continue an Ind~&zn Houthig Pxog'tam. Howeve&, owt connnent6 cvte
dL'tected towaxd, Section 215; page 20, tine 1-5, nh.Lch ~tead4 a4S tSoLLow4:
Section 215: ALL con.ttact6 undvt the tULe 4haLL be
a.waAded £n a&to*dance w~Lth b~Ldd~ng
p'cocedu~te.~s 4L~acto.'~y to the Seceeta&y
and 4haLL ~te~~suLt ~n the jud~c~LouA u4e o~
Fedettcl ~und4. The agency may ~oiunulale
an Indian a~iarnative action pLan 4ati4-
Lacto/Ly to th~ Sec~tetaiuj.
CONCERNS
Qae4tion No. 1
Voe4 the bidding p'Locedwte.6 compLy to the exi4ting Swteau o~ç
Ind.Lan A~aia4 (BIAI `uLLe4 and xeguic.tion4, Section 7(b) o~
PL 93-638?
PAGENO="0410"
404
Q~aeAt~on No. 2
Wh~Lcth a~eiicy, FedexalITitJ~bal oi~ both, ha,5 the pon4J~bJ2ity to
£o~tmweate. and ovex4ee the IndZan a~L&ma~t~ve ctct~on p&zn?
it ~s obuLow~ that the pitopo4ed Ind&zn Kow&i~tg Act o,S 1982 ~s to be ~tegL~st~~ted
wideit the SIA Li~ the £egJ~latLon L-~ pa~&~ed; that 81A ~`tu&~ arid ~`tegula~tLon4
govenn~ng the Ind~Lan pIte~eILence ~tequJJ~ement4 4how&L become pant o~ the
£egL~s&vtLon. ExL~tôig £aw~ 4howed be hono'ied and not `teVitqaJ.~shed.
in adcUt~on, 4ectLon 7(b) would p'tobabey be mane w~Lde!y ~`iecognLzed and accepted
by both the Bwieau. o~ incUan A~aL'rA and the va.'uow5 IncUcit TxibaL Govvtnment~
that would Lilac to ~ee incUan Piae~exence /aequi/aement-6 en~o'aced.
8ELOW iS A COMPLETE ANALYSTS OF SECTION 7(b) OF P.L. 93-638
Section 7(b) o~ P.L. 93-638, `iead4 C~6 £oLloW4:
One uvay &npo'atant pJaovJ~4~Lon o~ the Act caLLo ~o~t
Indian Pite~enence in ~`_`iaJ~nJ~ng and empLoyment undvt
cont'ac~ct6 a~ g/aant6 which bene~Lt~s IncUan.6. The Act
4tcle4 in Section 7(b).
(8) Any contitczct, 4uhcont'aaet, gicant, olt ~stth-
gliant pwt4uant to th.&~ act, the Act o~
Ap'cul 16, 1934 (48 4tat. 569), a~s amended
olt any othvi act aathoitizing Fede.kaL
Cont&act~s o~ indLan4, 4h011 xeqwL'ae that
the g'teate4t extent £ea4LbLe give.
(1) P~'ae~enence and oppantunitie2
~o't t aining and empLoyment in
connection with the admiLnL-
4tiiaton O~ 4uch contJaacts o.'t
gitant.6 4haLZ be given to
Indian~~; and
(2) P~te~eJtence in the awa'ad o~
4u.bcont)iacts and thgiiant4
in connection with the
admJ~nL~t'iation o~ ~sach
contitacts an g)acUvt4 4halJL be
given to Indian o'aganization4
and to indian-owned economic
PAGENO="0411"
405
en~pici~e.~s a~ de~Jned i,n
Sec,t~on 3 o~ the indilan
F~ôianeôtg Act o~ 1974 (SS
4tat. 77).
Thi.A 4ectLon addice&se4s one o~ the ez~sent~a.~ componenJ~ o~ 4et~-demLna,t~on.
Foit 4eC.~-detvcmJ~zatjon to be optimalltj e~ectLve. Indian t~e~be4 mw~t have
econom& 4-4u,~f~ciencij, whLch xequL'ce4 a 6u~b4tant&1~ xedaat~on in the high
unempLoyment xate4 that now pxevalL on mo4t /ce.~sexvation4. Et~ectLve
impLemen~tatlon o~ Section 7(b) couLd mean many new job4 Lox indian4 in PubLic
and Pitivate Envcpiti~se~ on/cit newt the indian Rvva.tion4. Fox e~campLe,
e~ective enLoxcement wouLd mean enrpLoyment o~ indian4 on all Fedvcaily Lwtded
conat&actLon pxojects on/ox newt indian Re.4exvatLOn4, a~o weLt a~ on Pxocwce-
ment and 4efcvice cont&act~s. On mo4t ite4e/tvatjon,6 unempLoyment Jta,te4 ave/cage
io-go~.
RATiONALE
While pxeLenence to indian.6 ha.~ been pexmi~ib& in the pc~t thi~ in Lice Lixat
time that Fedeitat Law6 make~ it a itequixement Lox FedexaL cont'cactox4 4e'tving
indian-6. AL-6o, it in appLicabLe to aLL Fedenat Agencie4 which Let cont'tact~s
Lox the beneLit oL indian4s and in not jwst Limited to the ~IA and THS. (The
p. L. 93-63g xegulatLon4 have 4peci~ic Language on the obtigation4s oL the tkibe4
to give indian empLoyment pxe~exence tthen the txibe contitacti a ~IA ox il-IS
Pitogicam. The-6e 4peciaL pxovi4lon4 271.44(d) gave t'tibe4 gxea-tex LLe~cibiL-LLy
in the adminint'tation oL indian pxe~exence and t'cibe4 would not be wideit the
4t'tictex enLoxcement ~y~tem deveLoped to coven non-titibal cont'tactox4 4ack a~6
cobv6txctction companie4).
in the pa~t, the Lack oL con4i/~tant Fede.xaL poLicy CL xeqa-&ting cont'tactox4 to
give liLting pxeLexence to indian.~s itenutted in a 4itua-tion ctheitein cont'tactox4
u4u.aLLy bxought theijt own citew6 to the pitoject 4ite4 and hL'ted Lew indian4 Litom
the Local community. Given the va4t amount oL con4t'utction and pxocuxenient
conticacting being pLanned Lox xe4exva,t-ion6, eLLective enLoxcemettt would i,uujte
that indian4 xeceive the many job oppoxtilnLtie4 that othvcwine wiLt LikeLy go
to non-indian4. in a itecent 111W/indian HouAing Pxoject Located on the Zwti
Re4envation, the TERO Pitogitam and the Ca.stpentvc'4 Union 1319 out oL Atbuquexqae,
PAGENO="0412"
406
Wew MexZco woitized ou~ a rnemo.'~andum o~ undew~andJ~ng ag~'r.eemeivt a oi~dv~ ~o Iuwe.
a cwtpen~4 ôthi9 p~'togxam eoLneJ~de wLth .the HLIVI1HA PxojecL Thene. wene. a
totaL o~ 25 Indian eaitpen.teA app~entie.e4 o~ which 5 wene aduancad ~o jouxneyman
Level th'tou9hoWt the pitoject. Atso, o~hvt app~teJvtLc2~4 wene advanced to higheA
aLa ca~ti.on4 4ach a~ Md and 4th yeax appltentLce4. The t'taining con4ii~ted
o~ on-the-job and c1a~w~oom t&aJitLng. The tiuththtg mi ~acto~t and aLL the
tkainiitg mat.VtL014 wexe pxovided bb' the Caxpenteit'4 Union with a~s~Wance ~om
Zwi.L TERO.
With thi~ hind o~ widen~tanding and coopenatLve e~o~'Lts to t'Lan lndian4,
indian pie~enence Law~s 4houLd be 4t)Lengthened to its wtmo4t e~iciency. SectLon
1(b) now pJtovJ4e~6 the oppolttunLt4 £o~'t the deveLopment oic a GovvLnmervt-wide
poL~icg, 4et o~ ~teguLation3, and en~oM~eme~vt 4y4tem £thicJL wiLL iiuwte the
comp'tehen4ive and en~otcectbLe appitoach to indian pi~e~exence that ha4 been LarLfzing
in the pa4t.
TJr.ibe4 and the BTA 4hould woxfz togethe'L to in.6tute that the Fede.'taL Govvtnment
deveLop an e1~ec.tive ~`~y~&tem to en~oJLae the~se new indian p~e~e_&ence i~ights.
&c4ic components o~ the .~y~te.m 4hould incLude:
1. The e4tabL-L6hment o~ a Fe.dexol O~ice (in the BIA, p&e~e~&abLy
SIA contxacting o~ice4) which ha4 aLLtho/uilJ oven contjtaato~s
to aLL Fede/taLIT/~ibal Agencie4.
2. The deveLopment o~ ~st'wn,g JteguLation4 which ~teqaJAe a covvted
conttaetoJ~ to e4tabLL6h goaL-s and timetabLe-s ~oit the empLoy-
ment o~ india.n-6 unde~t the conttaet. Fo-'t exampLe, in a
cont'wetion cont&act, be~o~te the contitact even begLn-6, thene
hoaLd be an agi~eement obLigating the cont'tacto-'t to h-ujte a
Lined pencentage oL indian~s. (The pvtcentage -should be bcAed
on the nwnben oL quoli~ied indian-s avaiLabLe in the aitea).
Thi4 i~s a mach -st~&ongen appitoach than jut JtequiAng a gene.tal
obLigation to give indian pite~enence.
3. Titibal invoLvement is essentiaL i~ an enLancement pi~ogJwin i!=s
to be e1~ective. Fin-sC, ThihaL Contitution and LegaL
opinion maize it cLean that Thibe-s have the -`tights to `tequine
indian PiteLe.'tence by cont'tacto't which the Tx-Lbe hine, o't to
itequ.ine an empLo yen to give indian pJte~enence as a condition
to giving the enrpLoyen a Licene to do ba-sine-ss on Indian Land,
etc. This tizibaL authoitity may be wsed to coven non-Ledvtal
corttitaèto/~4 we weLL a4 LedenaL one-s. Whene a tsibe is ex-
excising the ~`tight_5, the Lede-'taL enLo~'tcement pitog-'tam ~shouLd
be cooitdinated with that oL the T-'tibe. Koweven, among t.&ibe-s
thene ha-s been ,sub,stantiaL conLu2ion about Indian pfieLe-'tence
PAGENO="0413"
407
and non-dL~sctijn~üj(ztLon. The~'te ~ a need to edaectte TJL~Lbe~~
about theLit n'ght~ and the na~twte o~ the Fede.nai.~ en~once-
ment pkog/tam to ~n4wte 4mooth £mpee.mentatzon o~ the ~edvuzL
poeLcy. Expei~Lenee ha~s 4hown that FedeAci Agenc&~ *a~&eLy
have the Manpowe.~& to e~eetLve&j mon~to~'t eont'taat compLiance
/tegu&vt.~on4. In many Ca4e.4, the o -L~LcL6 who w~LLL be
`Le~pono.~LbLe ~oi~ hanctUng Ind~Lan Pne~enence gw~deVne~s w~&1
be the 4ame one~ who ane aLiteady ovenwoidzed. The,ce~o,ce,
t&~LbaL (TERO) 4hould be £nvoLved ôt the ~ede'caL e.~ont5 A.n
ondea to p/tov~de a 4uppLementany Ice4oWcce to tho4e o~ the
~edv~a1 agenc.~Le4.
Atso, Indilan pice~enenee en~o'ceement -shouLd be eooxcUna;ted
with Tn.ebaL Manpowen P~'cogJtam~s 40 that t'ta&ied lncUwvo w~iLL
be ava~LLabLe when job4 open up.
RECOMMENVATIONSTO
We Jcecommend that Section 215, entaiL SectLon 7(b) Language a~ 4et i~o'tth ~n,
"Pnopo4ed Sec.t~on 215, as Amended Item 111.
In addiiUon to the 7(b) Language, the -6ect~Lon 4hoaLd aeiznowLedge ticibai Law4
an oitdLnances that aL5o govenn 4wth actLvLt~e4. The PuebLo o~ Zwi~L TERO doe6
have a T'ubaL Laboit Code/OitdZnance that govvc~u lncUizn pite~exence ~teqw&cements.
A4 you can bee, w-Lth the above P.L. 93-638 Act, S1A haA been gLven a ta,,s(z to do
and ~oit ~iit to 4uppoitt and impLement FedeitaL Law4 4uppoxtLng InctLan pite~exence
iteqw&cement~. ALong with 131A, the Ticibe.6 them4etves wowed be a vitaL ingitedient
-to the total en~o/tcement o~ 4uch LegL~,LatLon.
The PuebLo o~ Zwti £~s `teque6tôig that a compLete neview o~ P.L. 93-638 be
p-'ce-6ented and given 4ticong con~ideitation ~oit pLacement in the KJ~. 5988, in
o-'tdex ~o.'t the indian Titibe4 to be.ne1ç~it.
AL4o, attached ~on yowt -teview and coni,,idvcatjon i4 a 131A-FES (Novembe& 1979),
addee44ing the 4ame i44ue. The 4ection on Indian pne~e-tence waA deveLoped by
the ALbuquvtque ~iA A/tea O~ice, contact peJc~on M&. No~'cman Tippiconnic. The
Indian pice~e/cenee cLaw6e i,~ veicy 4uppoxtive o~ Ticibal Law4 that `teguLate incUan
pJte~eicence (4ee 4ection 50, indian pitet6e.itence p.'tog~'tam~s).
PAGENO="0414"
408
SOLUTION
In oxde.x to on~nodo~te. the. concvtn4 oL the. vax~Low~s ~td~wi TxLbe.4, the. Pae.b~o
oL ZwiL xe.que.-~t'~ that LaL~ con4J~dVuzt_LoJt hi v~Lei~Jiig the.~e. in JihtZ6 be. g~Lue.n
and that pxope.x athnow~edge.mQ~}Vt o~ 4ach conce.xn4 be. p&zce.d Lii the. p~'wpo4e.d
K.R. 5988, `THE INDIAN HOUSiNG ACT OF 1982."
PROPOSED SECTION 215, AS Ak~ENVEV INCLUDES 1(b) LANGUAGE, P.L. 93-638
INDIAN PREFERENCE
Se.ctLon 215: Any Contfie.ct, ~or.thcontxcct, gxan~t ox 4ab9xafl~
unde.x thh~ titee. 4haLE be. awcvtde.d Lit ctccoxdance. to
Se.ct.~on 1(b) o~ the. lncUan 4e.f.~-de.tvunLncit~~on and
EdacatLon M~sL.4tance. Act (P.L. 93-638), 88 Stat.
25, U.S.C. 4O5~_ (b) -~tate's:
(B) Any cont'to~ct, t~abcon~txact, gxant ox
~abgxant pax4aant to thL~.s Act, the.
Act oL ApxiE 15, 1934 (48 i~tat. 569)
a-ó ame.nde.d, to the. John~on O'MaLee.y
Act) ox any othe.x Act authoxl-ng
Fe.d~ita2 Contxctcts w~Lth ox gxant6 to
lnd.Lan oxg~izat~on~ ox Lox the.
be.ne.L~Lt oL IndLan.-6, ~h~t& xe.quixe.
that the. gxe.ate.-~t e.,tte.nt £e.a~LMe..
(1) Pxe.Lexe.nce. and oppoxtwv~~ty
Lox txainiitg and e.rnp~oy-
me.nt Lii connection utLth
the. admLnL6t'tatLon oL
~ttch conte.act4 ox gxant4
4hctF~L be. gLve.n to
IndLan~s; and
(2) Pxe.Lvte.nce. Lit the. awaxd
oL ~&tbcontJto~ct4 and ~eu~b-
gxant~6 hi conne.ctLon
wLth admijvLat&a,tLon oL
4u0J1 cont~&act4 ox gxant4
4hoJi be. gLve.n to Indhin
oxgan.Lzat~Lon4 and to
indLan owned e.conomic
e.nte.xpxL4e.4 a4 de.~Lne.d
hi ,se.ct.Lon 3 o~ the.
Indian FLnancLng Act
oL 1914 (88 4t0f2. 71).
INDIAN PREFERENCE PROGRAM
(A) In addition to the xe.qaL/te.me.nt6 oL the. c&iw~e. oL thhs bill, e.ntLtLe.d "Indian
Pxe.Lexence.," the. contxactox a~xe.e4 to abide. by Zocol indian Pxe.Le.xe.nce. taw4,
oxdLnance.4 ox xe.guLo.tLorL4 and to adhexe to aLt Fe.de.xa~ and TxLbaL £aw6 gove.xnLng
thLo 4e.cton.
PAGENO="0415"
409
49. I~IAN PREFERINCE Bli-FES (Novenber 1979)
a. The Contractor agrees to give preferences to Indians who can
petforo the work'required regardless àf age (subject to existing laws
and regulations), sex, religion, or trIbal affiliation for training and
enloynent opportunities `under this contract and, to the extent feasib1~
consistent with the efficient poerfor~ance of this contract, training and
enploynen: preferences and opportunities shall be provided to Indians
*egardless of age (subject ~o existing laws and regulations), sex,
religion, or tribal affiliation who are not fully qualified to pe~o~
under this contract. The Contractor also agrees to give preference .to
Indian organ~ations and Indian owned econonic enterprises in the awarding
of' any subtontracts consistent with the efficient perfo~ance of this
contract. The Contractor shall nsinzain such records as are necessary
to indicate conpliance with this paragraph.
b. In connection with the Indian ezploynent preference require-
nents of this clause, the Contractor shall also provide oppornutinies
for training incIdent to such enploynsnt. Such training shall inclnde
on-the-job, classroon, or apprenticeship training which is dasi~ed no
increase the vocational effectiveness of an Indian eployee.
c. Ii the Contractor iS unable to fill ins training and ~?1oY-
neon needs after giving full consideration no Indians as required by
this c.~ause, those needs ay be satIsfied by selecticn of persons ocher
than. Indians in accordance with the clause ci this contract entitled
`Zçuai C??orzunitY.
18-934 O-83--27
PAGENO="0416"
410
d. If no Indian organirations or Indian-owned econonic enter-
prizes are available for awarding of subconttacts in connection with
the wok perfoned under this contract, the Contractor agrees to
ccnply w±th the provisions of this contract involving utilizatIon of
stall business concerns, stall business concerns owned- and controlled
y so tinIly and econctically dis advantaged individuals, or labor
surplus area concerns.
- e. .&s used in this clause:
(1) ~IndLan" uean.v a person who is a nether of an Indian
Tribe. If the Contractor has reason to doubt that a person seeking
erploynan: preference is an Indian, the Contractor shall grant the
preference but shall require the individual witkin~ thirty (30) days
to proride evidence fran the T:lbe concerned that the person is a
tanber of that Tribe.
(2) lndian Tribe~ mans an Indian T~be, band, nation, or
othet organized group or cconiny, including any Alaska Native village
or regior.a.!. or village corporatIon as define4 in or established. pu~an
to the Alaska ~Zative Clams Se:tlenan: Act (85 Stat. 688; 43 U.S.C. 1601)
which is reognined as eligible for the special prograns and services.
pravidof- by the United States to Indians because of their status as
Indians.
(3) lndian organizacion~ neans the governing body of any
Indian Tribe or entity established or :eco~ized by such governing
body in accordance with the Indian Ylnancing Ac: of 1974 (88 Scat. 77);
23 U.S.C. 1451); and
(4) ~Indian-owned econcoic enterprise~ naans any Indian-
owned cc~nercia1, Industrial, or business activity established or
o~anise~ for the purpose of prof it provided that such Indian owner-
ship shall constirnne not less than 51 percent of the enterprise.
I. he Contractor agrees :~ include the provisions of this
clause including this paragraph (I) in. each subcontract awarded
under this contract.
g. In the event of nonccrpliance with this clause, the Con-
tractor `s :1ghz to proceed nay be ta.rnina:ed in whole or in parn by
the Contracting OffIcer and the work corpleted in a tanner de:ernined
by the Contracting OffIcer to be in the best interests of the Gowernaent.
50. L~ PII3Z2~CZ PP~0CL~~h 3IA~IS (~ovezber L970)
a. In additIon to the :equi:enents of the clause of this contract
entItled ~Indian Praference,~ the Contractor agrees to establish and
cccduc: an Indian preference progmnn which will ernand the opportuninias
for o~grniations and Indisn-twned econonic enterprises to receive
PAGENO="0417"
411
a preference in the awarding of subcontratts and which will expand
opportunities for indians to receive preference for training and
etployt~nt in- connection with the work to be perforned under this
Contract. In this connection, the Contractor shall:
(1) DesIgnate a liaison officer who will (i) naintain liaison
with, the Government and the Tribe(s) on Indian preference matters;
(ii) supervise conpiiance with the provisions of this clause; and
(iii) adi:Isoer the Contractor's Indian preference progran.
(2) Advise its recruitnent sources in writing and include a
statemant In all advertisements for employnent that Indian applieants
will be given preference in enploynent and training incident to such
employment.
(3) ~ot less than tuenty (20) calendar days prior to ccn-
encemen~ of work under this contract, post a wrItten notice, in the
Tribal office of any reservatio~ on which or near where the work ~der
this contract is to be performed, which sets forth the Contractor's
employment needs and related- training opportunities. The notice shall
include the approximate numbers and types of enployees needed, the
appron~nate dates of employment; the experience or special skills
required for employment, if any; training opportunities available;
and all other pertinent informatIon necessary to advise prospective
employees of any other employnent requirenents. The Contractor shall
also request the Tribe(s) on or near whose reservation(s) the work is
to be perfored to provide assistance to the Contractor in filling its
erploymenc needs and training opportunities. The Contracting OffIcer
will advise the Contractor of the name, location, and phone number of
the Tribal officials to contact in regard to the posting of notices
and requests for Tribal assistance. -
(4) Establish and conduct a subcontracting progran which
-gives preference - to ~ndian organizations and Indian-owned economic
enoarorises as subcontractors and suppliers under this contract.
Consistent with the efficient performance of this contract, the
Contrzctor shall give public notide of existing subcontracting
oppor:unizics by soliciting bids or proposals only from Indian
crgarizztions or Indian-owned economic enterprises. The Contractor
shall request assistance and information on Indian firms qualified
as su?pliers or subcontractors fron the Tribe(s) on or near whose
rese~amicn(s) the work `under the contract is to be perforned. The
Contracting Officer will advise the Contractor of the name, location,
and phoma nmber of the Tribal officials to be contacted in regard
to tha re:uest for assistance and information. Public notices and
solicitations for existIng subcontractIng opportunities shall provide
an ezitable opportunity for Indian firms to submit bids or proposals
by inoloding (i) a clear descrIption of the supplies or services
re~ui:ed including quantitIes, speclflcatlocs, and delIvery schedules
which facili:ate the participatIon of Indian fIrms; (ii) a statement
that preference will be given to Indian orgar.ioations and
ndizz-owed economic enterprises in accordance with Sectaca ~b) of
PAGENO="0418"
412
Pwhlic Law 9~'638 [8~ Stat. 2205; 25 U~S.C. 450e(b)); (lii) dofijo~s
for the tarts ~indian organ±:a:~on~ and ~Indian-owne.d econcoic ter-~
prise as escrihed under the ~indian P:e±erence~ clause of this
contact; (Iv) a representation to be corplened by the bidder or offeror
than in is an Indian organisacion of Indian-owned econctic enterprIse;-
and :~) a c2.osir~ date for receIpt of bids or proposals which provides
suffinjen: tice is: preparation and subtission of a bid or proposal.
If sf:er sol±~ing bIds fro Indian orgatinations and Inlet-owned
eco~in enterprises, no responsive bid is received, the Contractor
shall. cc=ly with the requirensnns of paragraph Cd) of the Thdiat
Preference" clause of this contract. If one or tore responsive bids
ate received, award shall. be nada to the low responsible bidda~r if
the bid prIce is denatnined to be reasosable. If the low responsIve
bid is de:erine4 no be unseasonable as to pricsj' the Contractor
shall, aetenpa to negotiate a reasonable price and award a subcontract.
If a reasonable price cannot be agreed upon, the Contractor shall
cooply with the reqi.~icanen:s of paragraph (d) of the "Indian Preference"
clause of this contrac.
(5) Ifainnain wrItten records under this contract which -
iodi~ta: (I) the nanes and ad'daesses of all, Indians seebiag enploynenn
for each enployne.nt position available under this contract; (ii) the
ncnber and types of positions filled by- (A) Indians and (3) non-"
IndIans, and the tans, address and posItion of each Indian enployed under
this contract; (iii) for those positions where there are both Indian
and nan-Indian app~.icznts and a non-Indian is selected for euploynent,
the reason(s) why the Indian applicant was no: selected; (iv) actions
taken to ~ve preference to Ind.iat organizations and Indian-owned
econonmc enterprises for subconnractI~ opport.inies which e~.s: -
under this contract; Cv) reasons why preference was not given to
Indiet flrns as subcontractors or suppliers for ea da requirenen: where
In was de:e.ined by the Contractor that such prefewrence would not be
consistent with the efficient perdorsance of the contract, and
(vi) the anes and addresses of all Indian orgnnizaions and Itd,iit-
owned eccnonio enterprises (A) contracted, ar.d (3) receiving sub-
:?ttract awands under this contract.
(6) The Contractor shall subtit tn the Con:ractI~g OffIcer
for £?proval. a quarterly repor which suarizes the Contractor's
Indian preference progran and indicates (i) the nunber and types of
avaIlable positions fIlled and dollar a:ouncs of all subcontracts
awarded to (a) Indian organiactlons and Indian-owned econonic enter-'
prizes and (b) all other flats.
(7) Records naintainad pursuant to thiS clause will be
kept available for review by the Coverrtenn until expiratIon of one (I)
rear after fInal. paynant under this contract or for such longer period
as nay be required by any ocher clause of this contract or by an-olisabla
or rsuLaclon.
(`a) Zo: purposes of this clause the following deflni:Ions of tarts
shall apply:
PAGENO="0419"
413
(1) The terns "Ind1an,~ "Indian Tribe," "Indian Organizac1on,~
and "indian-owned' econonic enterprise" are defined ifl the clause of this
contracn entitled "Indian Preference."
(2) "Indian reservation" includes Indian ras~rvations,
public donain Indian allotcents, forer Indian reservations in Okiahona,
and lind held by incorporated Native groups, regional corporations, and
village corporation~ under the provisions of the Alaska Native Clams
Set:iean: Act (83 Stat. 688, 43 U.S.C. 1801 et.seq.).
(3) "On or near an Indian Reserva don" nenas on a reservation
or reservations or within, that area surrounding an Indian reservation(s)
where a person seeking enploynent could reasonably be erpectad to
co:e to and fron in the course of a work day.
Cc) Nothing in the requirenents of this clause shall be interpreted
to precluda Indian Tribes fron independently developing and enforcing their
*ovn Indian preference requirene~ts. Such requirenents cued not hinder the
Gôvernnen: `s right to award contracts and to adninister their provisions.
Cd) The Contractor agrees `to include the provisions of this clause
inci~dig this paragraph (d) in each subcontract awarded under this
contract and to notify the Contracting Officer of such subcontracts.
(e) In the event of noncoepliance with this clause, the Con-
tractor's right to proceed cay be tercinated in whole or in part by the
Contracting Of f~cer and the work cocpleted in a canner detercined by
* the Contracting Officer to be in the best interest of the Governnent.
PAGENO="0420"
414
CHAIRMAN
Robert Chasing Hawk
SECRETARY
Arlene Thompson
TREASURER
Mona Cudmore I
ViCE-CHAIRMAN
Lanny La Plante
MAY
Honorable Morris K. tJdall
235 Cannon House Office BUilding
Washington, D. C. 20515
Dear Congressman Udall:
House of Representatives Bill 5988, "to provide for an rndian Housing
Program for construction and financing of housing for Indians, and for
other purposes, is in our view not at all in the best interests of the
Cheyenne River Sioux Tribe. In a long tern aspect, the Bill appears to
be very detrimental to the tribes. Thus, it is our recommendation in
amending the Bill to be acceptable and beneficial to Indian tribes.
First of all, the recommended appropriation is not adequate to meet
Indian housing needs. It has been estimated for FY i983 according to
Title I that a level of $30,000,000 is needed, However, the current funding
for the BIA Housing Improvement Program is $23,000,000. By simple mathe-
matics, the tribe will be operating on a deficit and will then proceed into
an irreversible financial situation. Failure to adequately fund this program
is only a mockery of appeasing the tribes, and forcing thee to abide by
federal regulations wfthout any input from the tribes is totally absurd.
Secondly, it sounds like the Bill will make the federal government
violate its own trust responsibility with the tribes. For attaching
tribal trust funds as collateral to meet the financial stipulations of the
contract in case of delinquency is contrary to its trust responsibilities.
If such a bill was to be passed, it would then set precedence to disavow
any legal obligations by the Federal government to protect the rights of
tribes. The present language of the Bill states that the tribes, after
thirty days written notice, would be entitled to pay on default contracts
as specified by the Secretary. Thus, we believe that language is needed
The blue represents the thunder clouds above the world where live the thunderbirds who control the four winds. The rainbow is for the
Cheyenne River Sioux people who are the keepers of the Most Sacred Cult Pipe, a gift from the White Buffalo Calf Maiden The eagle
feathers at the edges of the rim of the world represent the spotted eagle who is the protector of all the Lakota. The two pipes fused
together are for unity. One pipe is for the Lakota, the other for all the other tndian Nations. The yellow hoops represents the Sacred
Hoop, which stroll not be broken. The Sacred Cult Pipe Bundle in red represents Wakan Tanka.The Great Mystery. All the colors of the
Lakota are visible. The red, yellow, black and white represent the four major races. The blue is for heaven, and the green for Mother
Earth.
May 19, 1982
PAGENO="0421"
415
Page 2
Indian Housing Act of 1982
for some kind of sanction for nonpa3lsent which is currently lacking in the
HUD Indian housing program. Also, the tribe has to maintain 90 percent
of the amount due at anytime or the Secretary may declare the tribe in-
eligible for any further assistance and attach the tribal trust funds in
order to satisfy the debt,
Thirdly, Title IV of the proposed legislation will create an Office
of Indian Housing Programs within the Bureau of Indian Affairs for technical
assistance and training to Indian tribes. This is all well and good, however,
we would like to see some follow-up by the Bureau of Indian Affairs. Time
after time, new appendages are added to the Bureau of Indian Affairs, but
no real service is ever provided to the tribes.
Therefore, we think that the recommended levels of appropriation for
this program should be at least equivalent to the funding levels proposed
in this legislation. This would involve recommending an increase for
purposes of the First Budget Resolution of $35,000,000 in Indian Housing
Assistance Fund and $10,000 in the Indian Housing Improvement Program.
Also, a re-evaluation of the federal government trust responsibilities
should be taken. bflthout a firm commitment to the tribes, no self-
sufficiency can ever be achieved.
Sincerely,
Robert Chasing Ha k, Chairman
Cheyenne River Sioux Tribe
cc: W. Richard West, Jr., Attorney, Fried, Frank, Harris, Shriver & Kampelman
House Committee on Interior & Insular Affairs
Ira Grinnell, Executive Director, Cheyenne River Housing Authority
PAGENO="0422"
416
TESTIMONY
N1END~'ENT IN THE NATURE OF A SUBSTITUTE TO !IR ~3
THE INDIAN HOUSING ACT OF 1932
SUGGESTED REVISIONS AND COt'?~ENTS
AS SUBMITTED BY THE NORThERN CHEYENNE
TRIBAL COUNCIL AND TRIBAL PRESIDENT
~`R. ALLEN R(W&AND
JULY 27 1932
AFTER CONSIDERABLE DELIBERATION AND ANALYSIS OF THE CONTEXT IN THE MOST
RECENT S1JBSTI11S~E TO HR5983, THE INDIAN HOUSING ACT oF~J932, I, ALLEN ROWLAND
FOR AND IN BEHALF OF THE NORTHERN CHEYENNE TRIBAL COUNCIL, ADAMENTLY SUGGEST
THE FOLLOWING REVISIONS TO THE ABOVE CITED LEGISLATIVE SUBSTITUTE. PLEASE, BE
ASSURED THAT AS THE SUBSTITUTE IS PRESENTLY DRAFTED, I NOR THE NORTHERN CHEYENNE
TRIBAL COUNCIL WILL SUPPORT OR RECO~'Y'END ADOPTION OF THE BILL tJNTIL SPECIFIC
REVISIONS ARE INTRODUCED, AS OUTLINED BELOW.
STRIKE THE FOLLOWING SECTIONS AFTER THE ENACTING CLAUSE AND SUBSTITUTE
THE FOLLOWING: "THE INDIAN HOUSING ACT OF 1932", AS CITED.
PAGE L SECTION 3.(2) "AMORTIZATION PAYMENT" MEANS THAT PAYMENT THAT
HOULD BE EQUIVILENT OF THE LEVEL M)Nil-LY AMOUNT NEEDED TO AMORTIZE THE CAPITAL
COST OF A HOUSE OVER THE TERM OF A HOUSING ASSISTANCE CONTRACT SUBJECT TO A
NEGOTIATED REPAYMENT SCHEDULE AND CONSISTANT WITH THE FEDERAL HOUSING ADMINIS-
TRATION RATE CURRENT ON THE DATE OF THE EXECUTION OF A PROJECT A(~REEMENT~
CO~T'ENTS AS THE SJJBSTI11JTE IS PRESENTLY DRAFTED, SUCH LANGUAGE IMPLIES
THAT ALL HOUSING ASSISTANCE CONTRACTS MUST BE EXECUTED FOR A MINIMUM OF 25
YEARS, EVEN IF THE HOME BUYER OR BORROWER IS CAPABLE OF REPAYMENT IN A LESSER
PERIOD OF TIME.
PAGE 2~ SECTION 3.(6) "MORTiAGE" MEANS A MORTGAGE, DEED, OR ANY Oil-ER
PAGENO="0423"
417
TESTIMONY BY ALLEN ROWLAND
PAGE 2.
INSTRUMENT ESTABLISHING A LIEN ON REAL PROPERTY IN FEE TITLES
COt~?1ENTS AS CITED IN PREVIOUS TRIBAL TESTIMONIES, THE NORTHERN CHEYENNE
TRIBE WILL NOT SUPPORT NOR ALLOW FOR THE ENCUMBERANCE OF TRIBAL OR INDIVIDUAL
TRUST PROPERTIES,
PAGE 2~ SECTION 3. (9) "STANDARD HOUSING" MEANS A LY~'!ELLING IN A CONDIDTION
WHICH IS DECENT, SAFE, SANITARY, AND SUITABLE IN SIZE AND DESIGN, SO THAT IT
AT LEAST MEETS THE FOLLOWING MINIMUMS -- J
COt~T~1ENTS ThE PRESENT USE OF THE ADUECTIVE. "MODEST" IMPLIES THAT RESERVATION
HOUSING WILL, AGAIN, MEET MINIMUM CONSTRUCTION STANDARDS AND CONSEQUENTLY PROVE
INSUFFICIENT FOR LONG TERM USE AND DURABILITY,
PAGE 3, SECTION 3.(1O) "TRIBAL HOUSING AGENT" MEANS THAT BUSINESS OR
TRIBAL CORPORATE ENTITY OR ADMINISTRATIVE UNIT RECOGNIZED AND SANCTIONED BY THE
TRIBAL GOVERNMENT AND WHICH HAS BEEN DESIGNATED OR ESTABLISHED BY THE TRIBE TO
PLAN, MANAGE, ADMINISTER, AND ENFORCE TRIBAL PROGRAMS UNDER THIS ACT; (INSERT THE
HORD AGENT IN LIEU OF AGENCY IN ALL SECTIONS HEREINAFTER)
CO~?'jENT~ AS THIS SECTION IS PRSENTLY DRAFTED, THE LANGUAGE IMPLIES
THAT ThE `TRIBAL HOUSING AGENCY" IS AN ARM OF TRIBAL GOVERNMENT PAThER THAN
A TRIBALLY SANCTIONED BUSINESS OR CORPORATE AUTHORITY WHICH MUST CONDUCT THE
FUNCTION `OF SECURING HOUSING FOR INDIAN INDIVIDUALS AND FAMILIES. THE NORTHERN
CHEYENNE TRIBAL COUNCIL I4JST INS 1ST THAT RESERVATION HOUSING BE PROVIDED AS A
BUSINESS FUNCTION, RATHER THAN A WELFARE PROGRAM WHICH ULTIMATELY WILL JEOPARDIZE
THE CONSTITUTIONAL AND ECONOMIC STABILITY OF TRIBE AS A UNIT. AS PREVIOUSLY
TESTIFIED, ThE NORTHERN CHEYENNE TRIBAL COUNCIL WOULD GRANT CORPORATE AUTHORITIES
TO THE HOUSING AGENT AND REQUEST TRANSFER, AS CORPORATE ASSETS OF ALL
RESERVATION-BASED I-LJD UNITS, YET UMPAID FOR AND TO INCLUDE RENTAL UNITS AND
COMPLEXES,
PAGENO="0424"
418
TESTIMONY BY ALLEN ROML4ND
PAGE 3.
THE NORTHERN CHEYENNE TRIBAL GOVERNMENT SHALL ASSUME NO LIABILITIES FOR THE
"HOUSING AGENT" YET, SHALL INSIST THAT THE "HOUSING AGENT" AS A TRIBAL
CORPORATE AUTHORITY, SECURED WITH TRIBAL LAW WHICH EMPCfl~1ERS THE AGENT TO
ENFORCE REPAYMENT PROCEDURES, ESTABUSH A DEFAULT CONTINGENCY RESERVE AT THE
HOME BUYER'S EXPENSE TO ENSURE TIMELY PAYMENT, AS ESTABLISHED IN SECTION 211. (a),
OF RESIDUAL RECEIPTS DUE THE FUND.
PAGE 6~ SECTION 105. THERE IS HEREBY AUTHORIZED TO BE APPROPRIATED FOR THE
PURPOSES OF THIS TITLE, NOT TO EXCEED $50,000,000. IN FISCAL YEAR 198Lf,
$60,000,000. IN FISCAL YEARS 1985 ~ 1986, p~r~r ~7Q,00O,000, IN FISCAL YEAR
1987, ~A OIAtED SUM THEREAFTER, YET, NOT LESS THAN $50,O03~000. ANNUALLY.
CCflIENTS AS PRESENTLY DRAFTED IN TIE SUBSTITUTE, THE ANNUAL APPROPRIATIONS
ARE SERIOUSLY INADEQUATE FOR WHAT WILL GENERALLY ENCOMPASS RENOVATION OF EXISTING
RESERVATION HOUSING STOCK. RENOVATION OF STRUCTUALLY UNSOUND HOUSING AVERAGES
BETHEEN $]3~000, AND $22,000. ON THE NORTHERN CHEYENNE LAND BASE.
PAGES 6~7~ SECTION2OL THERE IS HEREBY ESTABLISHED AN INDIAN HOUSING
FINANCE FUND (HEREINAFTER REFERRED TO AS THE "FUND") FOR TIE PURPOSE OF PROVIDING
FINANCING TO INDIAN TRIBES FOR THE CONSTRUCTION, ACQUISITION, OR REHABILITATION
OF STANDARD HOUSING FOR INDIAN FAMILIES WHO ARE UNABLE TO OBTAIN FINANCING FROM
OTHER SOURCES OR REASONABLE TERMS AND CONDITIONS AND WHO ARE NOT ELIGIBLE FOR
ASSISTANCE UNDER TITLE III OF THIS ACT BUT WHO CAN MEET THE MINI~ii MONTHLY
PAYMENT REQUIRED BY THIS TITLE.
COt~?1ENTS~ TIE FINAL SENTENCE OF THIS SECTION, AS DRAFTED IN THE SUBSTITUTE
SERVES NO REASONABLE NOR LOGICAL PURPOSE.
PAGE 7~ SECTION 202 AS A PREREQUISITE FOR ELIGIBILITY FOR FINANCING~ FROM
THE FUND, A TRIBE OR THE TRIBAL HOUSING AGENT ~JST PREPARE AND SUPMIT TO THE
SECRETARY FOR APPROVAL, WITHIN A REASONSBLE PERIOD OF TIME, A TRIBAL HOUSING
PLAN, AT THE SECRETARY'S EXPENSE.
PAGENO="0425"
419
TESTIMONY BY ALLEN ROWLAND
PAGE 14,
SUCH PLAN, AT A MINIF4JM, SHALL INCLUDE AN INVENTORY OF EXISTING HOUSING,' AN
ASSESSMENT OF HOUSING NEEDS,' A PROPOSED TRIBAL BUSINESS AND ADMINISTRATIVE
STRUCTURE TO IMPLEMENT A HOUSING PROJECT,' AN ASSESSMENT OF TRIBAL ADMINISTRATIVE
AND CORPORATE CAPACITIES TO IMPLEMENT SUCH PROGRAM,' A PROJECTION OF HOW THE*
TRIBE INTENDS TO ADDRESS AND MITIGATE IT'S HOUSING NEEDS OVER A MULTI-YEAR
PERIOD,' AND AN ASSESSMENT OF INDIVIDUAL TRIBAL MEMBERSHIPS' ABILITIES TO REPAY
SUCH INDEBTEDNESS.
COf4~1ENTS REFER TO SECTION 3. (10) OF THIS DOCUMENT.
?AGE 7, SECTIOI( 203. (A) APPLICATIONS FOR FINANCING FROM THE FUNDS SHALL
BE SUBMITTED TO THE SECRETARY AND SHALL SPECIFY THENUJIBER OF HOUSING UNITS TO
BE DEVELOPED AND METHODS FOR PRODUCTION AND DEVELOPMENT,' SHALL INCLUDE
PRELIMINARY DRAWINGS AND SPECIFICATIONS,' AND SHALL OTHERWISE BE CONS ISTANT WITH
THE APPROVED TRIBAL HOUSING PLAN. THE SECRETARY SHALL APPROVE AN APPLICATION FOR
ASSISTANCE UNDER THIS TITLE ON A PROJECT BY PROJECT BASIS AND WHERE TOTAL
CONSTRUCTION COSTS ARE DETERMINED BY AVERAGE AREA AND REGIONAL CONSTRUCTION COST
STANDARDS FOR SIMILAR HOUSING UNIT CONSTRUCTION.
COMU~1ENTS THE FINAL SENTENCE OF THIS SECTION AS DRAFTED IN THE SUBSTITUTE
SUGGESTS THE INCONSISTANCY OF PROVIDING "SAFE AND DECENT HOUSING FOR INDIAN TRIBES~
WITHOUT COMUIITIING NOR ALLOCATING REALISTIC DOLLARS FOR ALL-RELATED CONSTRUCTION
COSTS. IT IS THE INTENTION OF THE NORTHERN CHEYENNE TRIBAL COUNCIL TO ENCOURAGE
THE TRIBAL HOUSING AGENT TO CONSTRUCT QUAILTY HOUSING ON THE RESERVATION AS TO
ENSURE LONG-TERM DURABILITY, SUITABILITY, AND LOW MAINTENANCE REOUTREMENTS FOR
THE INDIVIDUAL OR FAMILY HOME BUYER. AND GIVEN THE FACT THAT HOME CONSTRUCTION
COSTS IN SOUTHEASTERN MONTANA ARE GENERALLY HIGH, SUCH CONSTRUCTION COST CEILINGS
ARE ABSURD. IF A SPECIFIC CONSTRUCTION COSTS/REPAYMENT FORt4JLA WAS DEVELOPED FOR
THE PURPOSES OF LEGISLATING CONSTRUCTION COST CEILINGS IN THIS SECTION AND TITLE
THE LOGIC LACKS STATISTICAL SIGNIFICANCE OR FORTFRIGIr EVIDENCE FOR SUCH LANGUAGE.*
PAGENO="0426"
420
TESTIMONY BY ALLEN R(Y?LAND
PAGE 5.
fAGES 7-8~ SECTION Z(J3~(B) APPLICATIONS FOR FUNDING SHALL BE EVALUATED
AND APPROVED, BASED UPON, BUT NOT LIMITED TO, THE FOLL(Y.~IING CRITERIA --
(1) A DETERMINATION OF 1}E ADMINISTRATIVE, MANAGEMENT, AND ACCOUNTING
CAPABILITIES OF THE TRIBE OR THE TRIBAL HOUSING AGENT TO IMPLEMENT THE PROPOSED
HOUSING PROJECT)
(2) A DETERMINATION OF THE PERCENTAGE OF RESERVATION HOUSING UNITS IN
SUBSTANDARD CONDITION)
(3) THE HOUSING NEEDS OF SUCH TRIBES AS CONTAINED IN THE ANNUAL HOUSING
INVENTORY REQUIRED BY SECTION LbS OF THIS ACT) AND
(4) THE SECRETARY DETERMINES REASONABLE PROSPECTS FOP REPAYMENT.
?AGE 8~ SECTION 203JC) THE APPLICATION SHALL INCLUDE A TRIBAL ORDINANCE
OR OTHER EVIDENCE OF ACTION FROM THE TRIBAL GOVERNING BODY DESIGNATING OR
CORPORATELY ESTABLISHING A TRIBAL HOUSING AGENT (HEREINAFmR REFERRED TO AS ThE
AGENT) WHICH SHALL BE RESPONSIBLE FOR MANAGING, IMPLEMENTING, AND ENFORCING THE
PROJECT AGREEMENT.
RAGES 8-9, SECTION 205. (A) THE PROJECT AGREEMENT SHALL SET FORTH THE
ADMINISTRATIVE MANAGEMENT, AND JUDICIAL AUTHORITIES, FORUMS, PROCEJ)JRES,
REMEDIES, AND SANCTIONS THAT THE TRIBE OR TRIBAL HOUSING AGENT WILL EMPLOY
TO INSURE COLLECTIONS OF MONTI-LY PAYMENTS AND DEPOSIT OF RESIDUAL RECEIPTS
AS REQUIRED BY SECTION 211 OF ThIS TITLE. IT SHALL ALSO CONTAIN PROVISIONS THAT
THE TRIBE SPECIFICALLY AGREE THAT:
(1) IT SHALL REQUIRE ANY INDIAN INDIVIDUAL OR FAMILY EXECUTING A HOUSING
ASSISTANCE CONTRACT TO AUTHORIZE THE SECRETARY AT THE REQUEST OF THE AGENT, TO
ATTACH UNOBLIGATED TRUST FUNDS OF THE INDIVIDUAL AND ADULT MEMBERS OF SUCH
FAMILY FOR A FAILURE TO MEET THE OBLIGATIONS INCURRED IN SUCH CONTRACT)
(2) IT SHALL REQUIRE THE TRIBAL HOUSING AGENT TO ESTABLISH AND MAINTAIN
AN INTEREST-BEARING "DEFAULT" CONTINGENCY FUND, AT THE HOME BUYERS' EXPENSE,
PAGENO="0427"
4~~1
TESTIMONY BY ALLEN ROWLAND
PAGE 6.
WHICH SHALL BE SUBJECT TO ATTACHMENT FOR FAILURE OF THE HOUSING AGENT TO
MEET THE REQUIREMENTS OF SECTION 233.
(B) TRIBAL REPAYMENT AND COLLECTION OPDINANCES SHALL, AT MINIMUM,
PROVIDE THE DESIGNATED TRIBAL HOUSING AGENT AN It~?1EDIATE PROSECUTION AND
COLLECTION PROCEDURE FROM THOSE ADULT TRIBAL MEMBERS FAILING TO MEET THE
OBLIGATIONS INCURRED AND IMPOSED IN T'-~E HOUSING ASSISTANCE CONTRACT.
(C) ASSETS OF THE TRIBAL HOUSING AGENT SHALL BE SUBJECT TO LIQUIDATION
ONLY WHEN A (1) TRIBAL HOUSING AGENT HAS FAILED TO MEET THE FINANCIAL
OBLIGATIONS IMPOSED UNDER SECTION 211 OF THIS TITLE~ (2) THE SECRETARY HAS
REASONABLY EXHAUSTED ALL OTHER AVAILABLE REMEDIES TO SATISFY THE DEFAULTJ -
AND (3) THE SECRETARY HAS MADE A SPECIFIC FINDING, BASED ON VALID EVIDENCE
AND FACT, THAT THE TRIBAL HOUSING AGENT HAS NOT ACTED IN GOOD FAITH IN
CARRYINGOUT ThE REQUIREMENTS IN SUB SECTION (A) OF THIS SECTION. THE TRIBE
SHALL BE GRANTED FIRST PRIORITY TO PURCHASE THE AGENTS' ASSETS IF DISSOL'IE
OF THE AGENT IF REQUIRED AS REMEDY FOR DEFAULT.
~b) PRIOR TO THE ATTACI-P'lENT OF ANY INDIVIDUAL TRUST FUNDS AS PROVIDED
IN THIS SECTION, THE SECRETARY AND AUTHORIZED HOUSING AGENT SHALL PROVIDE
THE RESPONSIBLE INDIAN ADULT WITH WRITTEN NOTICE OF INTENT, WITHIN SIXTY DAYS
OF SUCH NOTICE, THE INDIAN INDIVIDUAL OR FAMILY SHALL BE ENTITLED TO~Ct) PAY
THE AMOUNT IN DEFAULTJ (2) NEGOTIATE A REPAYMENT SCHED'JLE SATISFACTORY TO
THE SECRETARY AND TRIBAL HOUSING AGENT,' OR (3) INSTITUTE SUCH ADMINISTRATIVE
APPEALS OR JUDICIAL ACTIONS AS MUST BE AUTHORIZED.
CO1~?1ENTS AS PREVIOUSLY DISCUSSED IN SECTION 3.(1~) THE NORTHERN CHEYENNE
TRIBE ENVISIONS DELEGATING A BUSINESS OR CORPORATE AUTHORITY TO ITS SANCTIONED
HOUSING AGENT. HENCEFORTH, ASSEST AND LIABILITIES SHALL BE ASSIJIED BY THE
CORPORATE FUNCTION. IT MUST, ALSO, BE NOTED THAT THE NORTHERN CHEYENNE TRIBAL
COUNCIL IS CONSTITUTIONALLY PROHIBITED FROM THE PROPOSED ACTION OF ATTACHING
TRIBAL TRUST FUNDS, AS IS THE CASE WITH TRUST PROPORTIES. THE NORTHERN CHEYENNE
PAGENO="0428"
422
TESTIMONY BY ALLEN R(Y~tAND
PAGE 7.
TRIBAL COUNCIL AND PRESIDENT WILL NOT SUPPORT THE PROPOSAL TO ATTACH TRIBAL
TRUST FUNDS, AS IS THE CASE AND PRINCIPAL IN SUGGESTING A1TACEMENT TO TRUST
PROPERTIES.
PAGE 13~ SECTION 210(4) AN AMOUNT DEENED REASONABLE BY THE SECRETARY,
TRIBE, AND TRIBAL HOUSING AGENT AS A CONTINGENCY RESERVE FOR DEFAULTS SUCH
AMOUNTS SHALL BE DEPOSITED BY TEE AGENT INTO AN INTEREST-BEARING ACCOUNT AS
A RESERVE FOR DEFAULT WHICH MAY BE USED, PRINCIPAL AND INTEREST, AS PROVIDED
IN SECTION 205 OF THIS TITLE. ATTHE END OF THE CONTRACT PERIOD THE AMOUNT
REMAINING IN DEFAULT RESERVE ACCOUNT TO THE CREDIT OF TEE FAMILY, EXCLUDING
ANY ACCRUED INTEREST, SHALL BECO~'E TEE PROPERTY OF THE FAMILY.
CO('tENTS REFER TO SECTION 205 OF THIS TITLE.
PAGE 14~ SECTION 21L(C1 RESIDUAL RECEIPTS D'JE TEE FUND FROM AN AGENT
SHALL NOT FALL BELOM 90 PER CENTUN OF THE AMOUNT WE BASED UPON AN AMOUNT
ESTABLISHED BY THE ANNUAL INDEPENDENT AUDIT AS REQUIRED BY SECTION 211 (B).
WITHIN TEN DAYS AFTER A DETERMINATION OF A DEFAULT BY AN AGENT IN ITS QUARTERLY
PAYMENT OF RESIWAL RECEIPTS TO THE RiND, TEE SECRETARY SHALL NOTIFY THE TRIBE
AND AGENT IN WRITING OF SUCH DETERMINATION. THE AGENT SHALL HAVE FO DAYS WITHIN
WHICH TO SATISFY THE DEFAULT. UPON FAILURE OF THE AGENT TO DO SO, THE SECRETARY
MAY -
(3) AUACH APPROPRIATE INDIVIDUAL TRUST FUNDS AND CONTINGENCY RESERVES
AS PROVIDED AND AUTHORIZED IN SECTION 205 OF THIS TITLE: PROVIDED THAT THE
SECRETARY MAY EXERCISE HIS/HER AUTHORITY ONLY AFTER ALL OTHER REASONABLE ACTION
HAS BEEN EXHAUSTED.
C~+ENTS REFER TO SECTION 2(15 OF THIS TITLE.
PAGE IL SECTION 220 (B TEE TRIBAL HOUSING AGENT SHALL REQUIRE MONThLY
RENTAL PAYMENTS FROM ELIGIBLE INDIAN FAMILIES AS DETERMINED BY SECTION 209
EXCEPT THAT TEE MAXIIIII MONTELY PAYMENT SHALL BE AN AMOUNT A!~REED UPON BY THE
SECRETARY AND THE AGENTJ
PAGENO="0429"
423
TESTIMONY BY ALLEN RC1r~lLAND
PAGE 8.
PAGE 17~ SECTION 220 (2) A MINIMUM MONTHLY RENTAL PAYMENT SHALL BE
ESTABLISHED AS PROVIDED AND THE TRIBAL HOUSING AGENT SHALL BE RESPONSIBLE
FOR THE PAYMENT OF THE RESIDUAL RECEIPTS AS PROVIDED IN SECTION 233..;
PAGE 17~ SECTION 220. (3) THE AGENT SHALL BE RESPONSIBLE FOR THE PAYMENT
OF UTILITIES AND MAINTENANCE COSTS)
PAGE2k~ SECTION L102 (A) THE SECRETARY IS AUTHORIZED TO PROVIDE
TECI+IICAL ASSISTANCE TO INDIAN TRIBES TO ASSIST AND FINANCE THEM IN DEVELOPING
TRIBAL HOUSING PLANS, PREPARING AND SUBMITTING APPLICATIONS FOR FINANCING,
IMPLEMENTING HOUSING PROGRAMS FUNDED UNDER THIS ACt AND CONTRACTING WITH
TRIBES OR TRIBAL HOUSING AGENTS TO CONDUCT THOSE IMPLEMENTATION FUNCTIONS OF
THE ACT WHICH MAY OTHERWISE BE DELEGATED TO THE BUREAU OF INDIAN AFFIARS.
PAGE 25~ SECTIOI~L4[~ THE SECRETARY SHALL CONDUCT AN ANNUAL HOUSING
INVENTORY OF CURRENT INDIAN HOUSING NEEDS AND CONDITIONS TO BE USED AS A BASIS
FOR DETERMINING HOUSING ASSISTANCE NEEDS FOR THE PURPOSES OF SECTIONS 212 AND
203 OF THIS ACT. THE SECRETARY SHALL SUBMIT COPIES OF SUCH INVENTORY TO THE
CONGRESS.
PAGE 25.. SECTION LIC~. STRIKE THIS ENTIRE SECTION FROM THE ACT.
I AM GRATEFUL FOR THE OPPORTUNITY TO SUGGEST LANGUAGE REVISIONS IN TEE
ABOVE CITED ACT,
RESPECTFULLY SUBMITTED BY
~. ALLEN RoWLAND
CC: NO. CHEY. TRIBAL COUNCIL rbRTHERN CHEYENNE TRIBAL PRESIDENT
REP, 1~bRRIS L~
SEN. Joi+i MELCHER
SEN. MAx RAUCUS
REP. RON rARLENEE
Re'. PAT ~ILLIAMS
CALVIN !4ILSON~ ~
CHAIRMAN JOE I'MERICAN HORSE
P4~S. VIRGINIA TOEWS
PAGENO="0430"
424
STATEMENT OF
THE NEZ PERCE INDIAN TRIBE
BEFORE THE
HOUSE INTERIOR AND INSULAR AFFAIRS COMMITTEE -
ON
THE INDIAN HOUSING ACT OF 1982
Mr. Chairman and members of the Committee, I an David Holt,
a member of the Nez Perce Tribal Executive Committee. I want to
thank you for the opportunity to submit written testimony in con-
nection with H.R. 5988, a bill "to provide for an Indian Housing Program
for construction and financing of housing for Indians, and for other
purposes." We heartily commend the boldness and dedication with which
this Committee has worked to increase the availability of decent housing
to Indian people.
We must oppose the proposed Indian Housing Act of 1982 at this
time, however, on several grounds. First, we must object to the extent
to which our tribe and many other tribes in the northwestern United
States were not consulted or communicated with in connection with the
development of this legislation. We feel that a field hearing on the
legislation should have been held in the northwest region which would
have afforded our tribe an earlier opportunity to comment on the bill
at little cost to the tribe.
Second, we object to substantive provisions of the~ bill, in
particular, which we feel impact adversely on the authority of tribal
government and thereby offend the spirit and intent of Public Law 93-
638, the Indian Self-Determination and Education Assistance Act.
PAGENO="0431"
425
Statement of
Nez Perce Tribe
Page Two
We urge the complete removal, for example, of section 205 of the legis-
lation, which would require a housing contract to contain a provision in
which the tribe agrees to allow its trust funds to be subject to attach-
ment in the event the tribal housing authority or Indian family fails to
meet the financial obligations agreed to by the authority in the project
agreement, or agreed to by the family in its housing contract.
In like manner, we urge the deletion of language in Section 211(c)
of the bill which would authorize the Secretary of the Interior to declare
a tribe ineligible to receive any further housing assistance or to attach
tribal or individual trust funds to satisfy debts arising from a shortfall
in the residual receipts account when funds in the account due from the
tribal agency to the Secretary fall below 90 percent of the amount due at
any time.
We think both of the foregoing provisions violate the trust res-
ponsibility of the federal government to Indian tribes by authorizing the
Secretary of the Interior to act contrary to the traditional fiduciary
relationship which exists between his office and tribal governments. We
feel that the attachment of tribal or individual trust funds should not be
allowed without the consent of the tribal government or individuals
affected. In short, we think that to legislate otherwise would be a
clear violation of the sovereignty and political integrity of tribal
governments.
Finally, we must oppose the legislation on the ground that it does
not provide sufficient funding to the proposed Indian Housing Program in
18-934 O-83--28
PAGENO="0432"
426
Statement of
Nez Perce Tribe
Page Three
F.Y. 1983 to adequately meet Indian housing needs. We understand
that the House Interior Committee has recommended to the House Budget
Committee a level of funding of $65,000,000 for the Indian Housing
Assistance Fund and approximately $20,000,000 for the Indian Housing
Improvement Program in F.Y. 1983. We think that the levels of appro-
priations for these programs should equal, if not exceed, the original
funding levels proposed in this legislation.
As this Committee may well know, there is every indication that
Indian housing needs will increase and not diminish in the coming years.
The Indian population has doubLed in the last decade, and because the
median age of Indians is 20.4 years, there is a sharp increase in the
formation of Indian families. In order to meet this need, Bureau of
Indian Affairs statistics suggest that annual starts under Indian
housing programs would have to increase by 48 percent to prevent any
further increase in the number of substandard or otherwise overcrowded
Indian housing units.
In view of the fact that funding for the Indian housing program
in F.Y. 1981 was $471,529,000 we do not think that the recommended level
of appropriation of $85,000,000 in F.Y. 1983 for the program cam posi-
tively mitigate the growth of inadequate housing on reservations. The
level of funding for the new program would have to be increased four-
fold from the current recommended level in order to have a positive and
PAGENO="0433"
427
Statement of
Nez Perce Tribe
Page Four
decisive impact on poor living conditions on many reservations.
Mr. Chairman, we appreciate the diligence and compassion which
this Committee has demonstrated in connection with their efforts to improve
critical Indian housing programs on many reservations today. We feel
we must stress, however, the need for more extensive consultation, dis-
cussion and planning in addressing these critical housing needs. We
would like to encourage the Committee to continue in their efforts, to re-
solve the problem of inadequate Indian housing and we would be glad
to assist this Committee in developing legislation which provides
satisfactory mechanisms through which the urgent housing needs of
Indian people can be met.
PAGENO="0434"
428
NATIONAL
CO NOR ESS
OF
AMERICAN MEMORANDUM
INDlANS~ Date:i~iarth29,
To: NCAI Executive Ccxrrnittee
From: Ronald P. Andrade, Executive DIrector /~-
Subject: Analysis of Interior Cannittee' s Indian Housing Bill
The folloeing is an analysis of the sthject bill:
Section 3(5)--This section does not make specific rrention of Alaska Natives
as defined by ANCSA.
Section 3(lO)--The lar~ provides for a Tribal Housing Agency. This Act does
not provide for the Tribe to utilize PL 93-638 to contract
the housing fonda. The ability to contract would end many
of the problerar suffered by Tribes.
Section 3(ll)--This segrent only speaks of the federally-reco~-iized Tribes,
but does not tienticri ANCSA.
TTFLE I: INDIAN HOUSING IMPROVE2~~ FUND
Section lOl(b)--The Secretary is authorized to make grants directly to
"individuals". This would ixidermine the Self-Determination
Act. ant should be made only by the Tribe or through
the housing authority established by the Tribe. This could
also begin a nes political patronage system. This would alloe
Area Directors to make direct grants aroind the wishes of
the Tribal Coincil.
Section 101(c) (3)--Does not include application of Indian Preferenoe.
Section 101(c) (4)--Is not taken into consideration ret adninistrative costs
inder Title IV, Section 401(c). Also couldn't Tribe
638 this arid save additional BIA adrrdnistrative expenses.
Section 104--MDst recent draft of bill includes provision that Tribe has
first right of refusal on sale of house built tnder this Title
on tribal land. Should mare than one or two houses be put
t~ for sale at the sara tian, what happens if the Tribe doesn't
have enough fonda to purchase the houses.
TI11E II: INDIAN HOUSING FINANCE Ft~D
Section 203(c)--This section appears to mandate that there shall be a separate
housing authorIty. This should be totally at the option of
the Tribe especially in light of the fact that this Act allc~s ñ
PAGENO="0435"
429
Page 2
the encurrberipg of Trust funds. To place this authority in the
hands of a housing authority would appear to be a dangerous
- precedent. Also, Act does not state that should the Tribe
wish to operate program itself, a waiver of sovereigo iiirranity
from suit would be involved.
Section 205--Brings t~ the sai~ concerns as in Section 203.
Section 205(c)--The 30 days written notice is too short a tinE. If a loss of
trust funds is to occur, then a longer period of tiam, 90
days, should be included.
* Section 209(b)--This highlights the concern with the housing agency. Conceiv-
ably, the "Agency" could becoew the largest landowner on the
reservation.
Section 209(c)--The land could be re-acquired by the Tribe at "fair market
value." This would anan saieone would have to establish the
* market value and the. Tribe would have to accept it.
Section 2ll(c)--See cousants on Section 205(c).
* Section 215--Does not require or stress application of Indian Preference as
stated under PL 93-638, Section 7(b), for request for bids
arinouncerrents, etc.
TITLE III: INDThN HOUSING LOAN GUARANTY FUND
Section 309(a) (l)--Act does not specifically include Tribal courts under
"court of coripetent jurisdiction" in the event of
foreclosure proceedings. Not even language stating
the utilization of an appropriate Tribal forum for
the resolution of a foreclosure before going outside
the Tribe.
TITlE IV: MISCELLANEOUS PROVISIONS
Section 40l(c)--Allcws for housing nnnies to be used for program administration
thereby reducing the arrount of funds available for services.
Our study of the draft did not reveal any provision under the Act for the use
of 638 contracting by Tribes for housing nor did we see sovereige inmunity addressed--
two areas of extrerre ixrportance to Tribes and Tribal self-determination.
A copy of the draft bill was sent to all the nerrrbers of the Executive Corrnnittee.
Upon review of this n~no, please contact Robin Shield, of urj staff, with your corarent
or concerns inirediately.
PAGENO="0436"
NATIONAL
CO NOR ES S
OF
AMERICAN
INDIANS
EXECUTIVE DIRECTOR
R~&d P. A~d~ade
L~ise~Dieg~.~
EXECUTIVE COMMITTEE
PRESIDENT
J~ D~ L~ C~z
FIRST VICEPRESIDENT
R&ph Ek~,k~
RECORDING SECRETARY
TREASURER
H~Uis 0. St~bA~, J~.
AREA VICE PRESIDENTS
ABERDEEN AREA
Ch,y~s,~ Ri~
ALBUQUERQUE AREA
~
SA,th~ Ut~
ANADARKO AREA
BILLINGS AREA
E.W.(BIII) MoAg,~
S~llshKo~f~,~i
JUNEAU AREA
Ctiff~d A. BI~k
MINNEAPOLIS AREA
MUSKOGEE AREA
eeyWh,~
NORTHEASTERN AREA
~
PHOENIX AREA
PORTLAND AREA
SACRAMENTO AREA
SOUTHEASTERN AREA
Eddi~ Thilis
430
202 E STREET, N.E., WASHINGTON, D.C. 20002 (202) 546.1168
March 31, 1982
Mr. Pranklin Ducheneaux
Special Coizisel on Indian Affairs
Caasittee on Interior and Insular Affairs
422 House Annex I
C and New Jersey Averroe, S .E.
Washington, D.C. 20515
Dear Mr. Th.icheneauz:
The fo1l~ing are ccxiirents and concerns of NCAI with
regard to the draft of the "Indian Housing Act of 1982".
NCAI will be continuing to review the draft and submitting
any additional crsrmants during the coming weeks:
Section 3(5)--This section does not make specific
nemtion of Alaska Natives as defined by ANCSA.
Section 3(10)--The lew provides for a Tribal Housing
Agency. This Act does not provide for the Tribe to
utilize FL 93-638 to contract the housing funds. The
ability to contract weuld end many of the problena
suffered by Tribes.
Section 3(ll)--This segnant only speaks of the federally-
recogeized Tribes, but does not nantion ANCSA.
T~iIE I: INDIAN H0USI~ ThTR0V~1ENT ~JMD
Section lOl(b)--The Secretary is authorized to make
grants directly to "individuals". This weuld inder-
urine the Self-Determination Act. Any graiL should
be made only by the Tribe or through the housing
authority established by the Tribe. This could also
begin a new political patronage system. This would.
allew Area Directors to make direct grants aroirid the
wishes of the Tribal Council.
Section loljc)(3)--Dees not include application of
Indian Preference.
Section l0l(c)(4)--Is not taken into co~isideration re:
adainistrative costs under Title IV, Section 401(c).
Also couldn't Tribe 638 this and save additional BIA
ac¾ninistrative expenses.
PAGENO="0437"
431
Letter to Franklin Ducheneaux
March 31, 1982
Page 1t~o
Section 104--Most recent ~1raft of bill includes provision that Tribe
has first right of refusal on sale of house built under this Title
on tribal land. Should mare than one or two houses be put up for
sale at the same tins, what happens if the Tribe doesn't have enough
funds to purchase the houses.
TITLE II: INDIAN H0L~ING FINANCE ~JND
Section 203(c)--This section appears to mandate that there shall be a
separate housing authority. This should be totally at the option of
the Tribe especially in light of the fact that the Act allows the en-
cithering of Trust funds. To place this authority in the hands of a
housing authority woul~appear to be a dangerous precedent. Also, Act
does not state that should the Tribe wish to operate program itself,
* a waiver of sovereige imnunity from suit would be involved.
Section 205--Brings up the same concerns as in Section 203.
Section 205(c)--The 30 days written notice is too short a time. If a
loss of trust funds is to occur, then a longer period of tine, 90 days,
should be included.
Section 209~--This highlights the concern with the housing agency.
Conceivably, the "Agency" could become the largest landowner on the
reservation.
Section 209(c)--The land could be re-acquired by the Tribe at "fair mar-
hat value." This would mean someone would have to establish the market
value and the Tribe would have to accept it.
Section 21l(c)--See conirents on Section 205(c).
Section 215--Does not require or stree application of Indian Preference as
stated under PL 93-638, Section 7(b), for request for bids announcements,
etc.
TITLE III: INDIAN HOUSING LOAN GUARANTY FuND
Section 309(a) (l)--Act does not specifically include Tribal courts under
"court of conpetent jurisdiction" in the event of foreclosure proceedings.
Not even language stating the utilization of an appropriate Tribal forusi
for the resolution of a foreclosure before going outside the Tribe.
TITLE IV: MtSCELLANEOUS PROVISIONS
Section 401 c --Allows for housing inunies to be used for program adminis-
tration there y reducing the aninunt of funds available for services.
Our study of the draft did not reveal any provision under the Act for the
use of 638 contracting by Tribes for housing nor did we see sovereigo irimunity
addressed--two areas of extreme inportant to Tribes and Tribal self-determination.
We look forward to ccxrrmriicating further on this matter with you.
Sincerely,
Robin R. Shield
Administrator
RRS :ror
PAGENO="0438"
EXECUTIVE DIRECTOR
s~es P. A~d~d~
L~ispoDi,~~~
EXECUTIVE COMMITTEE Mr. Franklin Ducheneaux
Special Counsel on Indian Affairs
Committee on Interior and Insular Affairs
422 House Annex 1
C and New Jersey Avenue, S.E.
Washington, D. C. 20515
Dear Mr. Ducheneaux:
As you know, NCAI was scheduled to present testimony on
H.R. 5988 at the Committees hearing today, yet we did not do
so.
Yesterday, Robin Shield informed Ms. Brokenrope that we
did not want it misconstrued that NCAI declined to testify.
Rather, we feel that right now it is necessary to withhold
any testimony until all members of NCAI's Executive Committee
have been heard from.
Since we understand that additional hearings in Washington,
D. C. are planned, we request that NCAI be invited to present
testimony on H.R. 5988 at that time.
~s~eetful 1y~ /V~~
/~4u,t ~`~`~" -~
/ 1~ona1d P. Andrade
Executive Director
NATIONAL
C ONOR ES S
OF
AMERICAN
INDIANS
432
202 E STREET, N.E., WASHINGTON, D.C. 20002 (202) 546~1168
April 1, 1982
PRESIDENT
FIRST VICEPRESIDENT
R~Iph Eh~sk~
RECORDING SECRETARY
TREASURER
AREA VICE PRESIDENTS
ABERDEEN AREA
ALBUQUERQUE AREA
S~flh~'~ Ut&
ANADARKO AREA
BILLINGS AREA
EW.(Rw M~ig~~
JUNEAU AREA
Ckff~d & B5~k
MINNEAPOLIS AREA
MUSKOGEE AREA
NORTHEASTERN AREA
PHOENIX AREA
C~J~-~d~ Ri~p,Thdth,, T,ib~~
PORTLAND AREA
SACRAMENTO AREA
SOUTHEASTERN AREA
Eddi~ Thilis
cc: NCAI Executive Committee
PAGENO="0439"
433
N7~rIONAL cx~c~~ss OF AMERICAN INDIANS
39TH ANNUAL ~~VENTION
NCAI HOUSING CCX4MIT~EE `S
POSITION PAPER ON HOUSING
The Cmrrnittee met to review and discuss several ioportant housing
issues to develop and recamnend position statements and types of action
that it felt the National Congress of American Indians (NCAI) should take
on them. Detailed and lengthy discussions were held on fourteen issues,
two of which are considered controversial. The Carrnittee s findings and
reccimendations are:
Department of Housing and Urban Develo~itent (D-HUD) Indian Housing Program
1. The ConTnittee recasnends that the National Congress of American
Indians continue to adovcate for funding for the Department of
Housing and Urban Development's Indian Housing Program at the level
of 4,000 units per year.
2. The Camnittee found that it is not always feasible to build 3-, 4-
and 5-bedroan units because of higher cost, the demand for smaller
1- and 2-bedroan units by single individuals and couples, and the
difficulty of heating the entire house which often contributes to
high heating costa. The Ccrrrnittee recaTroends that the National
Congress of American Indians advocate for Tribes to be given greater
flexibility by the Department of Housing and Urban Develojsnent in*
determining unit sizes that meet the needs of their rnerribers. The
Ccesnittee further recarmends that the National Congress of American
Indians seek an amendment to current Department regulations to
provide Tribes with this flexibility.
3. The Cceioittee finds that the Department of Housing and Urban
Developient's policy to restrict or prohibit amenities in housing
projects, i.e., garages, carports, basements, etc., is unnecessarily
restrictive. It causes undue hardships on those living in areas
where such amenities are considered essential.
The Camnittee recamrends that the National Congress of American Indians
advocate for sore flexibility by the Departeent of Housing and Urban
Developtent in its application of such restrictions and that it allow
local Indian Housing Authorities to develop cost containment designs
which could include necessary amenities within prototype. The Camiittee
further recaanends that the Departnent evaluate carefully each Indian
Housing Authority's reguest for inclusion of amenities based on
special regional needs and allow local Indian Housing Authorities to
design units that could include necessary and cost-effective amenities
that are within the prototype. The CcTrmittee also recaanends that
the National Congress of American Indians work toward amendment of
the Department's policy.
4. The CamTittee finds that the increase in low-income rental fees fran
25% to 30% and the reduction of family deductions and exenptions
as expressed in the Department of Housing and Urban Development's
PAGENO="0440"
434
regulations (24 CFR 805 and 860) will inflict unnecessary hardships
on Indians desiring to live on trust and reservation lands - Because
of the depressed Tribal and national econcznies coupled with cuthacks
in many programs en loying Tribal rrenbers locally, the Carrnittee
feels it is an inooptrtune time to increase low-income housing rents.
The CaiTnittee also finds that such an increase discourages families
in their efforts to irtprove their conditions by robbing thee of
needed extra incare.
The Ccsrrnittee recamends that the National Congress of Arrerican Indians
oppose the increase of the rental rats to 30% of the adjusted low-
incnore family income and to support the maintenance of the current
criteria of 25% of income for rental purposes.
5. The Ccirrnittee is aware that the Departrrent of Housing and Urban
Developaent is studying various alternatives to its Indian Housing
Program. The Ccnrnittee is very concerned that the Department is
considering such alternatives without consulting with the Tribes and
Indian Housing Authorities.
The Ccernittee therefore reccirrrends that upon return fran this convention,
the National Congress of American Indians obtain information about
alternatives the Department is considering and send the information
to the Tribal leadership, the Indian Housing Authority Associations
and individusl Indian Housing Authorities so that they nay also study
the proposed alternatives, and that the opportunity be given then to
careent on, oppose or support thee.
Rural Housing Block Grant
The Carrnittee understands that the Rural Housing Block Grant legislation,
as proposed by Senator Harrision Schmitt and contained in S. 2607, the Housing
and Carinunity Develognrent Amendments of 1982, as presently written, contains
no provisions for direct funding of Tribal governments. Instead, Indians living
on reservations cost apply to the state to receive assistance under this legisla-
tion. The Carinittee feels that the lack of direct funding to the Tribes violates
the goverrsnent-to-government relationship of Tribes with the federal government.
The Ccxrrnittee also feels that the negative relationship between Tribes and states
will prohibit Tribes £ ran receiving such funds fran the states.
The Carrnittee recarimends that the National Congress of American Indiana
oppose the funding of Tribes through the states under block grants and the
transfer-in fufl or in part-of the responsibility of the federal goverrsnent
to finance Indian housing construction fran it to the states. The Carinittee
further recarrnends that the National Congress of American Indians continue
seeking to add language to the legislation that ~ould allow Tribes to be funded
directly instead of through the states. This recarirendation reaffirms the
position taken by the Carrnittee and the National Congress of American Indians
at its 38th Annusl Convention.
Indian Preference
The Ccirrnittee finds that there are differing opinions among Tribes on the
benefits of irrplenenting Indian Preference in the awarding of contracts for
PAGENO="0441"
435
housing construction, rehabilitation or repairs as well as hiring and training
by contractors and subcontractors. The Carrnittee also finds that the Administra-
tion, through the Department of Housing and Urban Developnent, seeks to
eliminate, weaken or avoid irrplamenting Indian Preference by citing it as a
major contributing factor to high costs in the developoent of Indian housing.
The CcxTrnittee recognizes the ioportance of Indian Preference as a tool
to achieve greater econcinic and eoplo~nent opportunities for Indians and Alaska
Natives within both federally and non-federally funded programs.
The Camnittee therefore recorrrnends that the National Congress of American
Indians oppose any att~r~t by the Department to avoid, weaken, distort or
eliminate the inpiementation of Indian Preference in housing construction
contract awards, hiring and training by contractors and subcontractors on
Indian projects, and Department hiring for Indian and Alaska Native programs.
The Caunittee further recarrnends that iJT~lementation of Indian Preference in
the awarding of contracts, etc., at the Tribal level ought to be a perogative
of the Tribes since they know best about the availability of Indian contractors
and subcontractors in their areas.
Davis-Bacon Pequirerrents
The Ccnrnittee, after lengthy and in-depth discussion, finds that the Davis-
Bacon law does not set prevailing wage rates; that the Deparbrent of Labor is
charged with that responsibility and has a process to establish prevailing wage
rates. The Ccirrnittee finds that there is a difference of opinion airong Indian
Housing Authorities about hcM much Davis-Bacon increases the development cost
of an Indian housing project. The Ccrrmittee further finds that while Davis-
Bacon wage rates are considered by sane Indian Housing Authorities to be a very
real contributor to high Indian housing developmnent costs, other Indian Housing
Authorities do not find this to be the case in their areas. The Carmittee
further finds that any atteipt by the National Congress of American Indians
to amend the Davis-Bacon Act to exenpt Tribes would be futile given the strong
support of the law by the unions. The Cairiittee also finds that there is an
unequal application of wage rates by the Department of Labor on Indian Tribes.
The Cciunittee does feel, however, that Tribes should be allowed to decide*
whether or not to apply Davis-Bacon wage rates on their reservations and that
they be allowed to set their own wage rates if they so choose. The Carniittee
therefore recarrrends that the National Congress of American Indians work to
amend the process which establishes the prevailing wage rates with the objective
of gaining a rrore equitable and workable application of wage rates for Indian
areas. The Ccsmnittee further recczmnends that the National Congress of American
Indians seek out a way for Tribes to formally contest or appeal the application
of the prevailing rates prior to the letting of contracts for bid if the rates
are determined by the Tribes to be inordinately high. In addition, the Carnnittee
recaunends that, should the Davis-Bacon prevailing w~ge rate be extremely
high and cause construction costs to over-run, the Tribe should have the option
of negotiating the prevailing rate.
State Financing of Indian Housing
The Camiittee is concerned that the Department of Housing and Urban Develop-
ment is considering state financing of housing construction on Indian reservations
PAGENO="0442"
436
through state financing agencies. The Ca~mittae is aware that at least one
Tribe has elected to obtain financing for housing construction on its reserva-
tion through this method, and the Carrnittee feels that individual Tribes have
the right and authority to do this. The Camnittee feels, ha~ever, that the
Deparninent should not seriously consider this method of financing as a viable
option for Tribes nor should go forward with any plans for encouraging or
mandating such a financing method as a policy for funding Indian housing.
Given that the Departhant of Housing and Urban Development is considering
state financing of Indian housing construction through state financing agencies
as an alternative to federal funding, the Camrtittee very strongly recamnends
that the National Congress of American Indians oppose any attanpt by the Depart-
ment to mandate this method in its Indian Housing Prcgram. The Carmittee
further recarmsnds that the National Congress of American Indians oppose the
transfer--in full or in part--of the responsibility of the federal government
to finance Indian housing to the states.
The Indian Housing Act of 1982 (ILR. 5988 and S. 2847)
1. The Caninittee finds that both versions of the Indian Housing Act of 1982
do not address giving Tribes greater flexibility in choosing methods of
construction. The Ccrrrnittee finds that many Tribes have successfully
contracted programs fran the Bureau of Indian Affairs under the 638
provisions. The Carrnittee is also aware that there are Tribes who would
prefer .to use the force account method of construction for their Indian
housing projects.
The Cairnittee therefore reamrmends that the National Congress of American
Indians advocate for language in both H.R. 5988 and S. 2847 that would
provide Tribes with the flexibility to choose their methods or construction
with specific attention given to the unigue needs, i.e., cultural and
climatic conditions, of each region.
2. The Carrnittee is concerned that Title I, section 101, of H.R. 5988 and
S. 2847 authorizes the Secretary of the Interior to given grants directly
to individuals and to contract directly with private construction firms.
The Carrnittee feels that such authority allais the Secretary to bypass
Tribal goverrments instead of going through then as is the case under
the present Housing Lrnrovenant Program. Such authority would go against
the spirit and intent of self-determination and would~ undermine the Tribes'
authority to handle their o~n internal af fairs with resoect to housing
assistance.
The Ccrrrnittee recarmends that the National Congress of American Indians
support an amendment to Title I which will not permit the Secretary to
bypass Tribal goverrirents and which will flatly state that all housing
assistance and contracts funded under the Act shall go through Tribal
governments.
3. The Ccsrrnittee finds that both H.R. 5988 and S. 2847 establish an Office
of Indian Housing Programs within the Bureau of Indian Affairs, and creates
the position of Director of Indian Housing Programs to supervise the office
and administer the programs. The Carmittee further finds that the Director
shall be under the irrinediate suoervision of the Assistant Secretary for
PAGENO="0443"
437
Indian Affairs. The Ccimdttee feels that the Director s position will,
should the Indian Housing Act of 1982 become law, carry with it a high
degree of authority and responsibility in order to administer the programs
efficiently and effectively as they are intended to be.
The Ccsuiittee recarmends that the National Congress of American Indians
support the selection of a qualified American Indian or Alaska Native
to be Director of the Office of Indian Housing Programs and the selection
of qualified American Indians arid Alaska Natives to staff the new office.
The Carrnittee recarrrends that the National Congress of American Indians
call on the Bureau of Indian Affairs to irmmlamnent Section 12 of the Indian
Reorganization Act when the time comes for selecting the Director and
program staff.
4. The Ccrrrnittee estimates if and when the Indian Housing Act of 1982 becomes
law that there will be a lag period of amproximately two years before
Tribes will see any housing constructed on their reservations under the
Act's programs. In addition, the Carrnittee is fearful that once the bill
becrres law the Department of Housing and Urban Development may decide
to terminate all housing assistance it provides to Tribes.
The Ccirrnittee therefore recommnends that the National Congress of American
Indians request that the Administration irrmose a 2-year transition period
so that Tribes will not be placed in danger of suddenly being without
housing assistance from the Department while the new programs are geared
up and being to produce units.
5. The Ccmnittee feels that if and when the Indian Housing Act of 1982 be-
comes law Tribes will have an excellent opportunity to monitor the
effectiveness and efficiency of the new programs from their very beginning.
The CceTnittee therefore reccirmends that the National Congress of American
Indians call upon the Tribes and Indian Housing Authorities as well as the
National Tribal Chairmen s Association and the National American Indian
Housing Council to join with it to oversee the effective administration
of the programs by the Bureau of Indian Affairs.
Attachment of Tribal Trust Funds (Section 205)
Section 205 of Title II of both H.R. 5988 and 5. 2847 requires that in order
for Tribes with trust funds to be eligible to participate under this Title,
they must agree to allow any or all of their unobligated trust funds to be
subject to attachment by the Secretary of the Interior in the case of default.
The Tribe has a period of sixty (60) days fran the time the Secretary notifies
it in writing of his intent to attach the funds to clear up the default.
The National Congress of American Indians has si~ated in testirrony before
the Housing Carmittee on Interior and Insular Affairs and the Senate Select
Carrnittee on Indian Affairs its qualified support for the two bills. The
National Congress of American Indians' position has been that:
1. It supports the intent of the legislation to meet the housing needs
of Indian and Alaska Native people of all income levels living in
Indian Country.
PAGENO="0444"
438
2. It adairantly opposes section 205--the attachment of tribal trust funds
recuireirent. The National Congress of American Indians feels that a
willingness to cangranise tribal trust funds should not be a pee-
reiguisite to the securement of services under the Act. The National
Congress of American Indians also feels that Tribes without trust funds
are in danger of being inequitably treated under the Act--that they
will get fewer units because they have no trust funds to use a security.
3. If section 205 must remain a part of the legislation, then it should
be amended. The National Congress of American Indians has recarmended
that language be added to this section that would authorize the
Secretary to extend or waive the sixty (60) day deadline for a Tribe
to respond to the Secretary's notification of intent to attach trust
funds should the Tribe in question be a victim of circanstances beyond
its control, for exarngle: an extremely high uneirnloynent rate due to
a sagging econany, or a natural disaster.
The Carinittee has debated and discussed this issue in-depth. It feels that
the prcgrams proposed by the legislation would be of benefit to Tribes and Indian
arid Alaska Native people in general. The Carrnittee supports the legislation
in general, but opposes it in principal on grounds that section 205 departs fran
the established policy of the United States that Indian trust property (natural
resources, monies, etc.) should not be subject to attachments, liens or encrrnbrances
of any kind.
Unfortunately, the Ccrrrnittee is all too painfully aware that it is unlikely
that the Indian Housing Act of 1982 legislation would, at this time, be enacted
without section 205. Therefore, the Carmittee feels that it can only recaTmend
that the National Congress of American Indians continue to give qualified support
for H.R. 5988 and 5. 2487 as stated before. But the Ccornittee further reccornends
that the National Congress of American Indians continue to advocate for the
removal of the offending section as wefl as all related sections and/or subsections
of the two bills.
Resolutions
The Carrnittee considered housing resolution nrrnber 68-83-MS which was passed
by the National Tribal Chairmen's Association at its convention in Nashville,
Tennessee this year. The resolution was submitted to the National Congress of
American Indians' Resolutions Ccimiittee where it was assigned the above nuster
and then given to the Housing Ccrrmittee to act upon. In the resolution, the
National Tribal Chairmen's Association states it urqualified endorserrent of
the passage and enactment of H.R. 5988 and 5. 2847. The resolution does not
address the issue of attachment of tribal trust funds. After discussion of the
resolution, the Carinittee voted 7 to 2 in favor of disapproving it based on the
fact that it does not address the trust fund issue, yet gives uncualified support
to both bills.
Resolutions by the Western Washington Indian Housing Authorities Association
and the National American Indian Housing Council/Tn-State Indian Housing Associa-
tion of Minnesota, Michigan and Wisconsin addressing the increase of low-inccire
rental fees fran 25% to 30% and the cutback in deductions have been included
in the body of this report.
Adoption by the Housing CaiTnittee
This report was unaninrously approved by the Camrittee on Thursday, Septern-
ber 30, 1982.
PAGENO="0445"
439
REPORT OF THE NCAI HOUSING CONMITTEE
39th Annual Convention
Bismarck, North Dakota
September 27 - October 1, 1982
INTRODUCTION
The Committee met to review and discuss several important housing issues to develop
and recommend position statements and types of actions that it felt NCAI should take on
them. Detailed and lengthy discussions were held on fourteen issues, two of which are.
considered controversial. The Committee's findings and recommendations are:
HUD INDIAN HOUSING PROGRAM
The Committee recommends that NCAI continue to advocate for funding for the HUD
Indian Housing Program at the level of 4,000-units per year.
1. The Committee found that it is not always feasible to build 3-, 4- and 5-
bedroom units because of higher cost, the demand for smaller one- and two-bedroom
units by single individuals and couples, and the difficulty of heating the entire
house which often contributes to high heating costs. The Committee recommends that
the NCAI advocate that Tribes be given greater flexibility by MUD in determining
unit sizes that meet the needs of their members. The Committee further recommends
that NCAI seek an amendment to current HUD regulations to provide Tribes with this
flexibility.
2. The Committee finds that HUD's policy to restrict or prohibit amCnities
in housing projects, i.e., garages, carports, basements, etc., is unnecessarily
restrictive. It causes undue hardship on those living in areas where such amenities
are considered essential.
The Committee recommends that NCAI advocate for more flexibility by HUD in its
application of such restrictions and that it allow local IHAs to develop cost
containment designs which could include necessary amenities within prototype. The
Committee further recommends that HUD evaluate carefully each IHA's request for
inclusion of amenities based on special regional needs and allow local IMPs to design
PAGENO="0446"
440
units that could include necessary and cost affective amenities that are within tue
prototype. The Committee also recommends that the SCAI work toward amendment of this
policy.
3. The Committee finds that the increase in low-income rental fees from 25%
to 30% and the reduction of family deductions and exemptions as expressed in HOD
regulations 24 CFR 805 and 850 will inflict unnecessary hardships on Indians desiring
to live on trust and reservation lands. Because of the depressed Tribal and
national economy coupled with cutbacks in many programs employing Tribal members
locally, the Committee feels it is an inopportune time to increase low-income
housing rents. The Committee also finds that such an increase discourages families
in their efforts to improve their conditions by robbing them of needed extra income.
The Committee recommends that the NCAI oppose the increase of the rental
rate to 30% of the adjusted low-income family income and to support the maintenance
of the current criteria of 25% of income for rental purposes.
4. The Committee is a~:are that HUD is studying various alternatives to its
Indian Housing Program. The Corr~nittee is very concerned that HUD is considering
such alternatives s:ithout consulting with the Tribes and WAs.
The Committee therefore recommends that upon return from this convention,
NCAI obtain information about alternatives OW is considering and send the information
to the Tribal leadership, IHA associations, and individual IHAs so that they nay
also study the proposed alternatives, and that the opportunity be given them to
comment, oppose or support them.
RURAL HOUSING BLOCK GRANT
The Committee understands that RHBG legislation, as proposed by Senator Harrison
Schmitt and contained in S. 2607, the Housing and Community Development Amendments of
1982, as presently ~sritten, contain no provisions for direct funding of Tribal
governments. Instead, Indians living on reservations must apply to the state to
receive assistance urder this legislation. The C~:snittee feels that the lack of direct
funding to the Tribes violates the goverr.ment-to-government relations:sip of Tribes
PAGENO="0447"
441
with the federal government. The Committee alno feels that the negative relationship
between Tribes and states will prohibit Tribes from receiving such funds from the
states.
The Committee recommends that NCAI oppose the funding of Tribes through the
tates under block grants and the transfer -- in full or in part -- of the responsi-
bility of the federal government to finance Indian housing construction from it to
the states. The Committee further recommends that NCAI continue seeking to add
language to the legislation that would allow Tribes to be funded directly instead
of through the states. This recommendation reaffirms the position taken by the
Committee and NCAI at the 38th Annual Convention.
INDIAN PREFERENCE
The Committee finds that there are differing opinionsamong Tribes on the
benefits of implementing Indian Preference in the awarding of contracts for housing
construction, rehabilitation or repairs as well as contractor and subcontractor
hiring and training. The Committee also finds that the Administration, through HUD,
seeks to eliminate, weaken or avoid implementing Indian Preference by citing it
as a major contributing factor to high costs in the development of Indian housing.
The Committee recognizes the important of Indian Preference as a tool to achieve
greater economic and employment opportunities for Indians and Alaska Natives
within both federally and non-federally funded programs.
The Committee, therefore, recommends that NCAI oppose any attempts by HUD to
avoid, weaken, distort or eliminate the implementation of Indian Preference in
housing construction contract awards, confractor and subcontractor hiring and
training on Indian projects, and HUD hiring for Indian and.Alaska Native programs.
The Committee further recommends that implementation of Indian Preference in the
awarding of contracts, etc., at the Tribal level ought to be a perogative of the
Tribes since they know best about the availability of Indian contractors and
manpcwer.
18-934 0-83-29
PAGENO="0448"
442
DAVIS-BACON REOUiREI~EFTS
The Committee, after lengthy and in-depth discussion, finds that the Davis-
Bacon law does not set prevailing wage rates; that the Department of Labor is
chargedwith that responsibility and has a process to establish prevailing wage
rates. The Committee finds that there is a difference of opinion among IHA5
about how much Davis-Bacon increases the development cost of an Indian housing
project. The Committee further finds that while Davis-Bacon wage rates are
considered by some IHA5 to be a very real contributor to high Indian housing
develcpment costs, other IHA5 do not find this to be the case. The Committee
further finds that any attempt by the NCAI to amend the David-Bacon Act to
exempt Tribes would be futile given the strong support of the law by the unions.
The Committee also finds that there is an unequal application of wage rates by the
DOL on Indian Tribes.
The Committee does feel, however, that Tribes should be allowed to decide
whether or not to apply David-Bacon wage rates on their reservations and that
they be allowed to set their own wage rates it they so choose. The Committee
therefore recommends that HCAI work to amend the process which establishes the
prevailing wage rates with the objective of gaining d more equitable and workable
application of wage rates for Indian areas. The Committee further recommends that
NCAI seek out a way for Tribes to formally contest or appeal the application of
the prevailing rates prior to the letting of contracts for bid if the rates are
determined by the Tribes to be inordinately high. In addition, the Committee
recommends that, should the David-Bacon prevailing wage rate be extremely high
and cause construction costs to over-run, the Tribe should have the option of
negotiating the prevailing rate.
STATE FINANCING OF INDIAN HOUSING
The Committee is concerned that HUD is considering state financing of housing
construction on Indian reservations through state financing agencies. The Cocimittee
is aware that at least one tribe has elected to obtain financing for housing
PAGENO="0449"
443
construction on its reservation through this method, and the Committee feels that
individual Tribes have the right and authority to do this. The Committee feels,
however, that HUG should not seriously consider this method of financing as a
viable option for Tribes nor should go forward with any plans for encouraging or
mandating such a financing method as a policy for funding Indian housing.
Given that HUG is considering state financing of Indian housing construction
through state financing.agencies as an alternative to federal funding, the Committee
very strongly recommends that NCAI oppose any attempt by HUD to mandate this
method in its Indian Housing Program. The Committee further recommends that NCAJ
oppose the transfer either in full or in part -- of the responsibility of the
federal government to finance Indian housing to the states.
THE INDIAN HOUSING ACT OF 1982 (HR. 5988 and S. 2847j
1. The Committee finds that both versions of the Indian Housing Act of 1982
do not address giving Tribes greater flexibility in choosing methods of construction.
The Committee finds that many Tribes have successfully contracted programs from
the BIA under the 633 .provisions. The Committee is also aware that there are Tribes
who would prefer to use the force account method of construction for their Indian
housing projects.
The Committee therefore recommends that NCAI advocate for language in both
HR. 5938 and 5, 2347 that would provide Tribes with the flexibility to choose
their methods of construction with specific attention given to the unique needs,
i.e,, cultural and climatic conditions, of each region.
2. The Committee is concerned that Title I, section 101, of H.R. 5988 and
5. 2847 authorizes the Secretary of the Interior to give grants directly to
individuals and to contract directly with private construction firms. The
Committee feels that such authority allows the Secretary to bypass Tribal govern-
ments instead of going through them as is the case under the present Housing
Improvemvnt Progrum (HIP). Such authority ~ou1d go against the spirit and intent
of self-determination and would undermine the Tribes' authority to Hendle their
PAGENO="0450"
444
cm internal affairs with respect to hcusinn assistance.
The Committee recommends that UCAT support an amendment to Title I which
will not permit the Secretary to bypass Tribal governments and which will flatly
state that all housing assistance and contracts funded under the Act shall go
through Tribal governments.
3. The Committee finds that both H.R. 5988 and S. 2247 establishes an Office
of Indian Housing Programs within the Bureau of lndian Affairs, and creates the
position of Director of Indian Housing Programs to supervise the office and
administer the programs. The Committee further finds that the Director shall
be under the immediate supervision of the Assistant Secretary for Indian Affairs.
The Committee feels that the Directors position will, should both bills be
enacted and signed into law, carry with it a high degree of authority ~nd
responsibility in order to administer the programs as efficiently and effectively
as they are intended to be.
The Committee recommends that ICAI support the selection of a qualified
American Indian or Alaska Hative to be Director of the Office of Indian Housing
Programs and the selection of qualified American Indians and Alaska Natives to
staff the new office. The Committee recommends that CAl call on the BIA to
implement Section 12 of the Indian Reorgenization Act when the time comes for
selecting the Oirector and program staff.
4. The Committee estimates if an when the Indian Housing Act of 1982 is
enacted and signed into law that there will be a lag period of approximately
two years before Tribes will see any housing constructed on their reservations
under the Act's programs. In addition, the Coramittee is fearful thatonce the
bill becomes law the Department of Housing and Urban Development may decide to
terminate all housing assistance it provides to Tribes.
The Committee therefrre recommends that 11CM request that the Administration
impose a 2-year transition period so that Tribes will not be placed in danger
of suddenly bain9 xithout housing assistance from -NJD while the ncr: programs are
PAGENO="0451"
445
geared up and begin to produce units.
5. The Committee feels that if and when the Indian Housing Act of 1982 is
enacted and signed into law, Tribes will have an excellent opportunity to monitor
the effectiveness and efficiency of the new programs from their very beginning.
The Committee therefore recommends that NCAI call upon the Tribes and IHA5
as well as the National Tribal Chairmen's Association and the National American
Indian Housing Council to join with it to oversee the effective administration
of the programs by the BIA.
6. Attachment of Tribal Trust Funds (Section 205)
Section 205 of Title II of both HR. 5988 and S. 2847 requires that in order
for Tribes with trust funds to be eligible to participate under this Title, they
must agree to allow any or all of their unobligated trust funds to be subject
to attachment by the Secretary of the Interior in the case of a default. The
Tribe has a period of sixty (60) days from the time the Secretary notifies it
in writing of his intent to attach the funds to clear up the default.
NCAI has stated in testimony before the House Committee on Interior and Insular
Affairs and the Senate Select Committee on Indian Affairs its qualified support
for the two bills. NCAI's position has been that:
1. It supports the intent of the bill to meet the housing needs of Indian
and Alaska Native people of all income levels living in Indian Country.
2. It adamantly opposes section 205, the attachment of tribal trust funds
requirement. NCAI feels that a willingness to compromise tribal trust funds should
not be a prerequisite to the securement of services under the Act. NCAI also feels
that Tribes without trust funds are in danger of being ineq~itably treated under the
Act -- that they will get fewer units because they have.no trust funds to use as
security.
3. NCAI has recossnended that if section 205 must remain a part of the legislation
then section 205 (c) be amended. NCAI has recommended that language be added to this
section that would authorize the Secretary to extend or waive the sixty (60) day
PAGENO="0452"
446
deadline for a Tribe to respond to the Secretary's notification of intent to attach
trust funds should the Tribe in question be a victim of circumstances beyond its
control, for example: an extremely high unemployment rate due to a sagging economy,
or a natural disaster.
The Committee has debated and discussed this issue in-depth. It feels that
the programs proposed by the legislation would be of benefit to Tribes and Indian
and Alaska Native people in general.
The Housing Corixnittee supports the bill in general but opposes the bill in
principal on grounds that section 205 departs from the established policy of the
United States that Indian trust property (natural resources, monies, etc.) should
not be subject to attachments, liens or encumbrances of any kind.
Unfortunately, the Committee is all too painfully aware that it is unlikely
that the Indian Housing Act legislation would, at this time, be enacted without
section 205.
Therefore, the Committee feels that it can only recommend that UCAI continue
to give qualified support for H.R. 5988 and S. 2847 as stated before. But the
Committee further recorraxends that NCAI continue to advocate for the removal of the
offending section as well as all related sections and/or subsections of the two bills.
RESOLUTIONS
The Committee considered housing resolution #68-83--HS which was passed by the
National Tribal Chairmen's Association at its convention in Nashville, Tennessee
this month. The resolution was submitted to the NCAI Resolutions Comittee where is
was assigned the above number and then given to the Housing Committee to act upon.
In the resolution NTCA states its unqualified endorsement Qf the passage and
enactment of H.R. 5988 and S. 2847. The resolution does not address the issue of
attachment of tribal trust funds. After discussion of the resolution, the Committee
voted 7 to 2 in favor of disapproving it based on the fact that it does not
address the trust fund issue yet gives unqualified support to both bills.
Resolutions by the Western Washington Indian Housing Authority and the National
American Indian Housing Council/Tn-State Indian Housing Association of Ilinnesota,
Michigan and Wisconsin addressing the increase of low-income rental fees to 30%
from 25% and the cutback in deductions have been included in the body of this
report.
ADOPTION BY THE HOUSING CONMITTEE
This report was unanimously approved by the Committee.
PAGENO="0453"
447
NATIONAL TRI1IAL CiIA1RNEN S ASSOCIATION
R ES 0 LU TI 0 U
A RESaLUTION TO SUPPORT PASSAGE OF9OHPANI0N BILLS HR. 5988
AND S. 2347 THE INDIAN HOUSING ACT OF 1982
WHEREAS, Congressman Morris Bdail and Senator Thad Cochran have
introduced bills providing for an "Indian Housing Act of 1982" to
provide for an indian Housing Program and for construction and
financing of housing for Indians, an,d
WHEREAS, the bills were drafted with input from Indian Country,
and provide for the first time a legislative aoswer to the
problems of obtaining finsncing for the constructioo of private
homes on trust land, a st~tutory basis for the operations of 5IA'~
lousing Improvement Program, and an alternative to overly
long-term federal commitments in the constuction of housing for
low- and moderate-income Indian families on reservation, and
WHEREAS, there is no direct connection between the companion bills
and the ongoing Indian Housing program of the Department of
Housing and Urban development, though enactment of the proposed
Act vould assure continuation of the Indian housing effort were
HUD programs to be curtailed, and
WHEREAS, the `bills' provisions giving flexibility to elected
tribal ;overnments in the structuring, establishment, or
designation of "tribal housing agencies," are supportive of the
self-determination policy, now theTefore be it
sESOLVED, membership of the National Tribal Chairmen's Association
in convention assembled does hereby endorse the passage and
enactment of H.R. 5988 and S. 2847.
CERTIF ICAT ION
The foregoing resolution was duly adopted by the membership of the
National Tribal Chairmen's `Association at its duly constituted
Convention on this day of September, 1982, at which time a
quorum was present.'
PRESIDENT
ATTEST: -..-.
// ~
/ (..` `
PAGENO="0454"
448
NATIONAL TRIBAL CHAIRMEN'S
ASSOCIATION
Suite 910 * 1010 Vermont Avenue, N. W. Washington, D. C. 20005 - 4949
202-737-7011
RESOLUTION NTCA No. 82-30
A RESOLUTION TO SUPPORT PASSAGE OF COMPANION BILLS H.R.5988 AND
S. 2847, "THE INDIAN HOUSING ACT OF 1982'.
WHEREAS, Congressman Norris Udall and Senator Thad Cochran have
introduced bills providing for an "Indian Housing Act of 1982"
to provide for an Indian Housing Program, and for construction
and financing of housing fol Indians, and
WHEREAS, the bills were drafted with input from Indian Country,
and provide for the first time a legislative answer to the prob-
lems of obtaining financing for the construction of 0r~vate homes
on trust land, a statutory basis for the operations of BIA's
Housing Improvement Program, and an alternative Cc overly long-
term federal commitments in the construction of housing for low
and moderate income Indian families on reservations., and
WHEREAS, there is no direct connection between the companion bills
and the ongoing Indian Housing program of the Department of Housing
and Urban Development, though'enactment of the proposed Act would
assure continuation of the Indian housing effort were BUD programs
to be curtailed, and
WHEREAS, the bills' provisions giving flexibility to elected tribal
governments in the structuring, establishment, or designation of
"tribal housing agencies", are supportive of the self-determination
policy, now
THEREFORE BE IT RESOLVED that the membership of the National Tribal
Chairmen's Association in convention assembled does hereby endorse
the passage and enactment of H.R. 5988 and S. 2647.
CERTIFICATION
The foregoing Resolution was duly adopted by the membership of
The National Tribal Chairmen's Assoqiation at its' duly con-
stituted Convention in Nashville, Tennessee, on this 24th day
of September, 1982, at which time a qu was present.
~
PAGENO="0455"
449
WILKINSON, CRAGUN & BARKER
HAND DELIVERED
May 10, 1982
~A~I1ee~di, ~ ,4
~ ~ ~,4
The Honorable Morris K. Udall, Chairman
Committee on Interior and Insular Affairs
United States House of Representatives
235 Cannon House Office Building
Washington, D. C. 20515
Re: Indian Housing Act of
1982 - H.R. 5988
Dear Chairman Udall:
On behalf of the Northern Arapahoe Tribe of the
Wind River Reservation, Wyoming, for whom we are general
counsel, we submit these comments on H.R. 5988, and we
respectfully request that they be incorporated into the
record and considered by the Committee in their deliberations
on this bill.
The Arapahoe Tribe strongly supports the Indian
Housing Act of 1982, with certain amendments. The Arapahoe
Tribe is deeply concerned by the Reagan Administration's
recommendation that Congress terminate the MUD public-
assisted housing program, including the Indian housing
program. Although the Administration may believe that the
HUD program is excessively costly or inefficient, it has
not yet proposed or supported any alternative to remedy the
deplorable condition that exists, namely, that 36 percent
of all Indian families now live in substandard housing, and
that over 43 percent of Indian housing is in substandard
condition. The Tribe understands the current effort to
reduce the federal budget, and it has first-hand experience
with.the problems that have occurred in the implementation
and administration of the existing HUD program. Nevertheless,
PAGENO="0456"
450
The Honorable Morris K. Udall
May 10, 1982
Page Two
abandonment of the federal responsibility to insure that
Indian families are decently housed ignores both the measure
of success achieved by the existing programs and the United
States' obligation, as trustee, to protect and promote the
welfare of Indian tribes and their people.
The Arapahoe Tribe supports the Indian Housing Act
of 1982 as a sensible alternative to the HUD Indian housing
program. The bill adopts a balanced, efficient system
-designed to satisfy the needs of different income levels on
Indian reservations. The Tribe is concerned, however, about
certain provisions of the bill, and here proposes certain
changes by which the Tribe believes the bill will be more in
accordance with tribal needs.
The Tribe opposes Section 101(c) (3) of the bill,
giving the Secretary of the Interior authority to contract
with private construction firms under standard federal con-
tracting procedures, for two reasons. This section inter-
feres with the Tribe's right to govern its own affairs by
negotiating contracts itself, and it fails to require the
Secretary to give a preference to Indians and Indian enter-
prises. The Tribe therefore believes that this section
should be eliminated. If the section is retained, it should
at least require an Indian contracting preference similar to
that provided for in Section 7 of the Indian Self-Determination
and Education Assistance Act, Pub. L. No. 93-638, 25 U.S.C.
§ 450(e).
The Tribe strongly opposes Sections 205 and 209(a) (4)
of the bill, which allow the attachment of individual or tribal
trust funds to pay outstanding debts of the Tribe or individual
Indians, and make the Tribe the guarantor of individual Indians
who receive housing benefits under the bill. It is grossly
unfair to require the Tribe to become responsible for the
debts of its individual members. In addition, these provisions
are inequitable because they would not apply to tribes and
individual Indians that have no trust funds. Although the
Arapahoe Tribe receives significant amounts of trust income,
largely from present production of exhaustible mineral resources,
the Tribe already has committed these funds to a number of
welfare and other programs designed to assist its members.
Similarly, the trust resources of individual Arapahoes, who
like most-Indians suffer from high unemployment and low income,
are needed for the basis necessities of life. The lien proposed
by the bill would place an unacceptable additional burden on
tribal and individual trust funds. As an alternative, the Tribe
suggests that the tribal court, or Court of Indian Offenses, on
each reservation be used to enforce individual Indians'
financial obligations.
PAGENO="0457"
451
The Honorable Morris K. Udall
May 10, 1982
Page Three
Finally, the Tribe believes that H.R. 5988 nay
serve as a vehicle to solve sone of the specific problems
encountered by the Arapahoe Tribe in the administration of
housing programs on the Wind River Reservation. The Arapahoe
Tribe shares the Wind River Reservation with the Shoshone
Tribe, and both Tribes are owners in common of all land and
resources held in trust for the Tribes on the Reservation.
Although the Tribes' governing bodies act jointly on matters
of mutual interest and concern, the Tribes continue to be
separate entities that must share a Reservation in common.
Administration of all housing programs by the Wind
River Housing Authority, which operates the HUD housing pro-
grams for both the Arapahoe and Shoshone Tribes, has been an
extremely unsatisfactory arrangement for the Arapahoe Tribe.
Funding received by the housing authority is split 50-50
between the two Tribes, even though the Arapahoe Tribe has
almost twice as many members ad the Shoshone Tribe, and thus
twice as great a need for housing. That fact, combined with
inequitable and inept administration of the program, has
resulted in a much greater proportion of the money being used
to build homes for Shoshones, while the Arapahoes' housing
waiting list grows longer.
As a solution to this problem, the Arapahoe Tribe
favors elimination of the Wind River Housing Authority.
Instead, there should be separate administration of housing
programs by each Tribe on the Wind River Reservation. This,
combined with distribution of housing units and funding on
the basis of the population and housing needs of each Tribe,
rather than on the basis of a 50-50 split, would greatly
alleviate the serious housing problems faced by the Arapahoe
Tribe and its members.
The Tribe realizes that H.R. 5988 cannot completely
solve the specific problems of the Arapahoe Tribe. However,
to facilitate implementation of the system suggested herein,
the Tribe requests that Section 203(c), which requires a tribal
governing body to establish or designate a tribal housing
agency, be amended to allow the Tribe itself to administer
Title II housing programs.
In conclusion, the Arapahoe Tribe wishes to express
its appreciation for the Committee's attention to the housing
needs on Indian reservations. The Tribe supports the passage
PAGENO="0458"
452
The Honorable Morris K. Udall
May 10, 1982
Page Four
of H.R. 5988 and the implementation of a unified Indian
Housing Program within the Bureau of Indian Affairs, and
hopes that the Committee will consider the above recommended
amendments, attached hereto.
Sincerely,
WILKINSON, CRAGUN & B ER
B~ %Roge~~~
Attachment
Copy, with attachment:
Franklin 0. Ducheneaux, Esg.
(with copies for Committee)
PAGENO="0459"
453
2~ENDMENTS TO H * R.
Proposed by the
Northern Arapahoe Tribe
ofthe
Wind River Reservation, Wyoming
1. Section 101(c) (3) of H.R. 5988 is hereby deleted; Section
101 Cc) (4) is hereby renumbered as Section 101 (c) (3).
In the alternative, substitute the following for the
existing Section 101(c) (3):
Section 101.
(c)
"(3) contract with private construction firms,
and, to the greatest extent feasible, give
preference to Indian organizations and to
Indian-owned economic enterprises, as defined
in 25 U.S.C. § 1452(3) (1976), in the award of
such contracts and subcontracts."
2. Section 205 is hereby deleted in its entirety.
3. Section 209(b) (4) is hereby deleted.
4. Substitute the following for Section 203(c):
"Cc) The application shall include a tribal ordi-
nance or other evidence of action of the governing
body of the tribe designating the tribal governing
body itself, or designating or establishing a tribal
housing agency (hereinafter referred to as the `agency'),
as the organization responsible for implementing the
project agreement."
PAGENO="0460"
454
*4 *4~\ Ojibway * One~a * Potawatomi * Stock~idge-Munsee * Winnebago
) Y~ ~LIT~ I1\JC:~EAT LAKES INTER-TR~8AL COUNCIL I~JC
POST OFFICE BOX 9, LAC DU FLAMBEAU, WISCONSIN 54538 PHONE (7151 5883324
RESOLUTION NO. 4-23-82-B
"INDIAN HOUSING ACT OF 1982"
WHEREAS, legislation numbered H.R. 5988, titled "The Indian Housing Act of 1982"
has been introduced to the U.S. House of Representatives by Mr. Udall,
Mr. Kildee, Mr. Williams, and Mr. Santini, and
WHEREAS, the proposed legislation as introduced would render tribal trust funds
available for Bureau of Indian Affairs seizure in cases of tribal
housing agency default, which is unprecedented in any other program
of either Bureau of Indian Affairs or any other federal agency, and
WHEREAS, the proposed legislation vests with the Secretary of Interior excessive
authority over allocations, distribution, management and recoupment of
tribal housing program funds, and provides inadequate safeguards from
the exercise of Secretarial descretion which has in the past proven to
be wielded in arbitrary fashion, and
WHEREAS, Tribes nationally find themselves increasingly isloated from development
assistance due to the federal policy of exempting tribal eligibility for
any and all programs not specifically administered under the Secretary of
the Interior, and
WHEREAS, the proposed legislation provides for increasing state court jurisdiction
over tribal housing and land foreclosures, and
WHEREAS, the legislation fails to provide opportunities for tribal enterprise, and
WHEREAS, proposed funding allocations are grossly inadequate to meet the housing
needs of the Tribes, now
THEREFORE BE IT RESOLVED, the Tribes of Wisconsin represented by Great Lakes Inter
Tribal Council, Inc. and the Menominee Tribal Chairperson, hereby oppose
H.R. 5988, as currently written, and
BE IT FURTHER RESOLVED, the Tribes represented urge the House Committee on Interior
and Insular affairs to redraft HR. 5988, to address the previously identified
concerns, and to allow tribal involvement and input in the drafting of
any and all legislation affecting Tribes nationally.
PRESIDENT VICE-PRESIDENT
Dr. Riot, St. Oermaine WIlliam Wildcat
SECRETARYITREASURER EXECUTIVE DIRECTOR
Norbert Hill Sr Robert MilIerJr.
PAGENO="0461"
455
RESOLUTION NO. 4-23--824B
CERTI FICATION
I, the undersigned, as Secretary of the Great Lakes Inter-Tribal Council, Inc.
Board of Directors, and Tribal Representive for the Menominee Tribal Government,
do hereby certify that the Board is comrised of ten (10) Tribes and one (1)
Menominee Representive those being:
Sokaogon Chippewa Tribe Mole Lake Band
Red Cliff Band of Lake Superior Chippewa
Wisconsin Winnebago
Oneida Tribe of Wisconsin
Stockbridge-Munsee Indians of Wisconsin
St. Croix Chippewa Tribe
Lac Courte Oreilles Band of Lake Superior Chippewa Indians
Forest County Potawatomi Community
Bad River Band of Lake Superior Chippewa Indians
Lac du Flambeau Band of Lake Superior Chippewa Indians
Menominee Tribes of Wisconsin
of~horw.~9 were present, thus constituting a quorum, at a meeting duly called,
ndt~f,I cph~,ened and held on the 23rd day of April , ig82, and that the foregoing
/~bqol51)ticrn.~t~s~ passed at said meeting by an affirmative vote of 10 members for,
~,S~'mv~be~4gainst, and 0 members abstaining~
Secretary/Treasurer
PAGENO="0462"
* 456
411
THE NAVAJO NATION
WINDOW ROCK, ARIZONA 86515
PETER MacDONALD
The Honorable Morris K. Udall
United States House of Representatives
235 Cannon House Office Building
Washington, D.C. 20515
Re: Indian Housing
Act of 1982
Dear Congressman Udall:
I have reviewed with great interest the draft
Indian Housing Act of 1982 which you have had the
foresight to have drafted and for which I commend you.
Your legislation will fill a critical gap in the
housing delivery system available to the 400 Indian
Tribes across the nation. On the Navajo Reservation
alone, our unmet housing needs for new construction and
rehabilitation are so massive as to overwhelm our
resources. For example, a 1981 needs assessment by the
Navajo Housing Services Department found a need for new
construction of 11,857 housing units and the substantial
rehabilitation of an additional 11,256 housing units.
The capital requirements of these needs are staggering:
New Construction Estimated Requirement
of 11,857 Units At $55,000 Per Unit $625,135,000
Rehatilitation, 11,256 Units at
$15,000 Per Unit $168,840,000
PAGENO="0463"
457
Morris K. Udall
Page Two
As you may recall, we provided testimony on this
Bill supporting it with certain amendments, which will
allow us (Native Americans) more flexibility to make
housing available to our people.
We genuinely laud your creative initiative in
proposing this worthy measure.
Sincerely,
Peter Donald, Chai an
Navajo Trbal Council
18-934 O-83--~O
PAGENO="0464"
458
SHOSHONE & ARAPAHOE TRI~l'"~~
BOX 217
FORT WASHAKW, WIDMING 82514
CHIEF WASHAKIE CHIEF BLACK COAL
SHOSHONE BUSINESS COUNCIL ARAPAHOE BUSINESS COUNCIL
May 10, 1982
Honorable Morris Udall
Chairman, Committee on Interior
and Insular Affairs
Mouse of Representatives
235 Cannon House Office Building
Washington, D.C. 20510
Re: H.R. 5988, Indian Housing (138.21)
Dear Mr. Udall:
The Shoshone and Arapahoe Tribes of the Wind River Indian Reservation
in Wyoming strongly support your efforts to obtain legislation that
will continue the federal policy of providing housing for reservation
Indians.
The Tribes commend you and your cosponsors for your recognition that
reservation Indians must look to the United States for aid in the con-
struction and financing of housing. The States have no responsibility.
Your statement in the March 30, 1982 Congressional Record makes clear
to the Tribes that you understand the desperate need. Title I of the
bill would authorize an appropriation of $30 million each fiscal year
for the housing improvement program (HIP). The Tribes are sure that
you are aware that $30 million annually will not do the HIP job. They
appreciate that the $30 million figure is imposed by current budgetary
restrictions that hopefully will be overcome in future Congresses.
The Tribes are much concerned and strongly oppose Section 205 of the
bill as discriminatory and grossly unfair. Section 205 would make the
Tribes the guarantor of every individual recipient of a housing benefit.
Section 205 would subject all tribal trust funds to attachment for pay-
ment of the debts that individual Indians owe to the reservation housing
authority.
PAGENO="0465"
459
Page 2
The provision is discriminatory because no such burden is cast on
any other political entity in the United States. No city in the
United States is compelled to guarantee payment of moneys owing by
its housing authority. Certainly, municipal funds are not subjected
to attachment.
The provision is unfair because it requires all the people of the
Tribes to assume the debts of some individuals, members and nonmembers.
Keep in mind that under the Indian Civil Rights Act, tribes cannot
discriminate among Indians on the reservation. Section 3(5) of
H.R. 5988 authorizes the benefits for any Indian on the reservation
whether or not a member of the tribe of that reservation. In this
fashion the bill would use tribal property to pay the debts of
strangers to the Tribes.
As we see it, unless tribes are eliminated from Section 205, the only
tribes who will participate are those without any tribal trust funds
or any prospect of receiving such funds. Thus, the objective of the
bill would be defeated and eligible Indians would be denied housing
benefits.
Sincerely,
OC)ótkj
Chairman, Shos1ne Business Counc\l
Ch~Lrman,~rapahoe Businesslouncil
PAGENO="0466"
460
RESOLUTION
Spokane Resolution 1982- 197
WHEREAS, the Spokane Tribe has been notified that through the U.S. Congress
a bill has been introduced in regard to Indian housing; and
WHEREAS, the bill has such language that would move the H.IJ.D. (Housing and
Urban Development) Program under the direction of the Bureau of Indian
Affairs; and
WHEREAS, in the language of the bill, Indian preference is not mentioned;
and
WI-IEREAS, it is the feeling of the Spokane Tribe that Indian preference be
manditory in the Indian Housing Bill; and
WHEREAS, Section 7(b) of P.L. 93-638 of the Self-Determination Act should
be added to Section 215 of the Indian Housing Bill.
NOW, ThEREFORE, BE IT HEREBY RESOLVED by the Spokane Tribal Business Council
meeting in Special Session this 7th day of May, 1982, that the Spokane
Tribe hereby requests that within the Indian Housing Bill presently being
considered by the U.S. Congress that they include in the Bill, language that
would make Indian preference manditory.
CERTIFICATION
The foregoing was duly enacted by the Spokane Tribal Business Council on
the 7th day of May, 1982, by a vote of 4 for and 0 against under
authority contained in Article VIII of the Constitution of the Spokane
Indians ratified by the Spokane Tribe on November 22, 1980.
V. arnue s, Chairman
Spokane Tribal Business Council
PAGENO="0467"
.461
Choctaw Nation of Oklahoma
Draeerl2lO'Dunnt. Okla.74701 .(406)924.e280
RobertL. Gardner
A~cW~f
April 9, 1981
Honorable Morris K. Udall
House of Representatives
235 Cannon House Office Building
Washington, D.C. 20515
Dear Congressman Udall:
I am deeply concerned, indeed shocked, that the Reagan
Administration's budget proposal completely eliminates
housing for Indians. For over 40 years the federal govern-
ment has spent billions of dollars providing decent housing
for most low and moderate income Americans. But it was only
in the middle sixties that the poor among the Indian popu-
lation were allowed to participate and, then, only in a
modest way. The housing allocations for low income Indian
families have never been sufficient to meet our demands.
However, the Indian people were content to accept what little
they could get.
The Administration now proposes to cut the Fy 81 budget
for Indian housing by one-third or from 6,000 units to
4,000. There is a move on to rescind one-half of the 4,000
unit allocation because the HUD area offices have been
directed to refrain from obligating more than 50% of the
alloCation. The final death-dealing blow to the program is
contained in the Fy 82 budget which cuts Indian housing and
the public health service appropriation for sewer and water
by 100% and at the same time the proposal only cuts other
public housing by 17% this year and 33% next year. viewed in
the most favorable light, this is out-and-out discrimination
against the native Americans of this country.
The argument made by the Administration for the proposal
is that Indian housing is too expensive and the Tribes take
too long to deliver housing allocated to them. This is
absolutely not true. As you can see from the enclosed text
of the testimony of Ronald Froman with the National American
Indian Housing Council before the House Committee on Interior
and Insular Affairs, housing for Indians is the least expen-
sive program the federal government has. It is true that
PAGENO="0468"
462
Honorable Morris K. Udall
April 9,1981
Page 2
Indians have had their problems delivering the housing but
it must be remembered that they were 25 years behind other
programs in getting started. In spite of over-regulation
and unnecessary bureaucratic red tape which can and should
be eliminated, most Indian Housing Authorities are now quite
efficient.
It is saddening that this Administration would totally
deprive the poorest Americans, namely Indians, of safe,
sanitary and decent homes. Statistics show that 12% of all
Americans now live in substandard housing while 49% of all
Indians live in such housing. 1.9% of all Americans live
in overcrowded housing but 27.6% of all Indians live in
overcrowded housing. As long as this country has a housing.
program, there is not any justifiable reason to prevent
Indians from participating.
Mutual-help housing for Indians is the best thing that has
happened for Native Americans. Contrary to the "gimme" type
programs, it has long-lasting effects which encourages poor
Indians to improve their economic station in life. You only
have to observe the difference in the self-esteem demonstrated
by little Indian boys and girls after they have moved from
a tar-papered shack into a decent attractive home. They begin
to feel they can compete with their white counter-parts.
Compared to other minorities and others dependent upon the.
government, our numbers are small and our voices are weak.
The dominant society placed us under the protection of the
Congress after our defeats in the 19th century, when our
lands were confiscated. If the Congress does not protect
our interests, we have no place to turn. I invite you to
study the entire record of the evidence presented before the
Committee on Interior and Insular Affairs on April 3, 1981.
I believe you will agree that there is absolutely insuffi-
cient justification for destroying the Indian housing program.
In closing, let me say that the Indian people, as
Americans, are willing to shoulder our share of reduced
government spending but the proposed Fy 82 budget asks too
much of us.
S e ely,
HOLLI E ROBERTS
* Chief of the Choctaw Nation
of Oklahoma
PAGENO="0469"
463
TESTiMONY
SUBMITTED BY
RONALD iiON\N
NAtIONAL .\MERICAN INDIAN ILOUS INC COUNCIL
Mr. Chairman, members of the Committee, it is a pleasure to he invited tc testify
on behalf of Indian housing.
Fir SlIMlY
i)urio the odmiaistr~;t ion of Fr;nkiin I). Rocscvel.t, it ee;i"~ ovid~nt that much of
the lower incooe po~ulatic~ ros id ma in toes in~ tLa~ tm mt 0. cent, sal. nor
sanitary. In an effort to correct this grob I~m, Congress misted tue Federal Housing
`ct in `1937 to I or... ;`u~ I no caid it i ms for c I uuc~ ~` n;u lot icu. Tb i~
~ r, f~ :. .~ to ~m fret; I tie p rob cm of Nat 1 cc' .\.:or i c ins vu' have
h;istoric.iILv ru~Iued in ind~ceut, unsafe end unsanitary !ieu~int conditions.
The Native American ropulation ras denied any housie.; ass furnace under this federal
.ct or nov othu.- hots inc act due to its oniquc problem 1 N stride! land status.
[c (ode; ni d.o.rnmnnt, ogrit Inc is trustee (or tn»= End!;;; ;u! tin, prevcnts
priete entererise from dev~lo~iu~ housing on re;trictd nod. Otis is true
:rin;ril.v i)eca..se such restricted lands held it' trust na: or b ii ianated, Ic.
rortgaged, thus prcventtng private devel.OEment r.gar.Jless of etn.r economic
factors.
Ti; is prab leo of rat r ic ted lie! status ins 01 cmiv.:.! nit ii I ml `chin nb ic
housing was made available on rho reserv.:;tccn lands. `the cloud ocr `estricted
land development was not resolved in Oklahoma until l9r5. thus putting the Oklahoma
* . .tr. behind It; t~;ut.' Onc .1;
It is ironic to note that the Indian hEousin~ rs~;r:;.I I:; lit aol ::.;rrs of providing
PAGENO="0470"
464
decent, safe and sanitary housing for Native Americans rcsiding on restricted
land. Other traditional methods of housing for lover income groups (V.A. assisted,
Farmers Home) cannot ease the situation since they too are prevented from
developing on lands held in trust. The end result of the aboLishment of Indian
Housing is the abanlonment of the only feasible solution to the Indian housing
problem.
In terms of current noeds, census statistics reveal that A9~. of all Indians live
in substandard housing. Since 1974, the total number of substandard housing unitS
occupied by Indian fm~ilies has nevet dropped below 50,000 and in 1976, reached the
-. phenos~nal fir-are of 6°,900.
The Indian pugulation also exhibits a severe degree of overcrowding in lousing
standards. Ti-s L~.5. Bureau of the Census identifies 1.51 or more parsons per roan
as being critical housing conditions. The national average for the rural
population is 2~i of the entire population living in critical conditions. The
percentage of rural Indians living in critical hìousing conditions is 2$.6~, 26
points above the national average. The same census statistics also reveal that
67.4~ of the rural Indian pa~~ulatian live in hr-using without water facilities.
As we view the problem it is necessary to est~blisl- two ~oints to justify cur
position. The first point is the fact that the present program has been the only
available avenue for Native Americans to substantially improve their housing
conditions. The second poinL relates to the cost effectiveness of tie present
prooram as compared to other areas of public housing. 1m centmnd that b~-
establishing thcse poiats and reviewing the Office of ~lanagemant and Budget's recent
cast figur.a wi Ii a.hguately just ifv wur poaitiar.
PAGENO="0471"
465
COst EFFECr[VENLSS
Upon review of the ONB's recently relta:;ed cost figures, wi Found it iecess;Lrv to
pursue our own independent investigation of the actual cost per unit of the
Nutual Help program. We cannot concur with the OXB's findings based on the fact
that their estimations were either derived from a typical circumstances or simply
ballooned to justify their positioo.
The 018 recently announced that the total extended cost per unit was 5175,000,
based on a national average of S72,OijO per unit. Invcstia:iticr, of these findings
revealed that this figure was arrived at by calculating the i~ta debt service of
$72,000 at 6.2g for a period of 28 "ears. Our own fincJin'~; chal1en~e the vaUditv
of tb devole-~~ot cost cf $72,000 per unit. We contend that the national average
of develepment east is in reality only $62,172 per unit. Even this figure is
higher than Oklahoma's average deveio~ment cost of $49,933. The actual iurrent
national average of S62,472 wculd be even less if one were to disallow the
extremely high average of the Navajo reservation and remote Alaskan projects.
Ccn:;idor the following rationale for the exclusion of thc~e averages,
The Navajo reservation in the past two years has developed 873 units at am average
cost of S77,ll5 per unit. This extreme cost was the result of HUD allowing wage
rates far in excess of the already high Davis-Bacon Wage Scales. This is an isolated
instance that does not occur any~bore else
The Alaskan project's average cost was $84,579 for 33s units. The :ireurastances
surrounding these costs are also atypical and do not represent average indian
Housing costs. The Alaskan project's cost is attributed to the difficult': of HUD
P in xc coos v rc's,t. loc'.t tom.; md ii'. seer' C! jycit ic certi it lens,
In areas such as Alaska the flEA, it would seem, can ~roduce ho0sing core cost
PAGENO="0472"
466
the Bt.\ for $50,000 per unit which are ccmperihle to tI;use huilt by lID.
The national average without these isolated instaeces is $57,875 per unit for
4,602 units. Ue extended this average cost out to determine the total debt service
per unit. Utilizing the sane calculation peocadure ac the 0~l8 based their costs
on, we have determined the total cost per unit to be $132,000. This figure is
approximately $43,000 per unit less than 01B's estimate and depicts the Indian
housing program in more realistic 1i,ht. These figures as can be seen.are teas
than regular public hausing costs as given last week before the Senate Select
Committee by Acting Deputy Assistant Secretar~ Hihhc of 145,000 for 1981 and
Iel.000 far l9i~2.
Also of partici.ar concern is the cost of maintaining the units developed under
the Indian housing program ~.s compared to other public housing programs. The
2~utual Help program does not require a maintenance subsidy as do other housing
prograns. Other housing programs, such as Low Rent, have maintenance and
modernization subsidies which h~ in some cases hsve-om~Il more than double
the initial capitol investment per unit. It; addition, the Indian Housing program
is theonly public housing program that requires-t~ participnntSto retire a
portion of.the debt themselves. Simply put, hbe Indian Projectcost for less than
regular public housing projects.
The (D1B's figures stated there was a current backlog of 22,000 units in the pipe-
line that had not been completed by the Authorities. Our own investigation of this
statement revealed a somewhat different perspective of the housing gipeline.
labIa .1 (attacked) details a e~ioaal analesi~ the `i ac Los and roveals that the
total is actually only 16,352 units. lie contend that rhis figure is insufficient
to have any noticeable effect on the problem based on current needs. Consider the.
PAGENO="0473"
467
following example of the needs of one housing authority:
The current waiting list for one Oklahoma md ion iousin~ Authority
is 2796 applicants. This figure represents unsolicitaJ applicatjo,,~
and in addition, the wait in~ list is extended by' three to four
applicants per day. Projected forward, this reveals a total of 2376
new applicants each year. Trend line ar.alvsis of this data shows
that at current rates of progression by 1985, this Authority's waiting
list will be 12,300.
it is easy to see that the se-called backlog could cell be used by one Authority
and should net h~ ali~wed to distort the effectiveness of the program.
The lark ef complete understanding of the Indian Housing Program by 0MB is further
tllu~t~~ted by their r.:cees.,,ded giolishnent of 1n~11an Hal Ui Scrv ice Gadget or
sin itiry comet ru t ion. if these budget abol ishsients itand#, the present regulations
will require oliver or amendment othe~cfse those projects in the r'ipeli;ie will
never see the light of day because we simply won't be able to get them tp
construction or be able to build them.
The 4832 units under construction at the present tine is the highest total that
has ever been achieved since inception of this program and most if not all, these
units will leave the pipeline in the next six to eight months.
CONCLUSIOl;s
In summary, we must question the validity of the figures released by the 0MB. II
would appear that the~' have been inflated to justify the abolishme~,t of the Indian -
housing Program. The 0MB has proposed to reduce all public housing programs by
about ~52. The indian iiausirg Program had already been prc~ra:raed for a 330 cut
from the 1981 funding levels and now we are faced with a total ahalisliment of the
reaCt cast aft.ctive progrea in IWO. This Leads us to bet ieve that the Indian
programs will be forced to burden a disproportionate share of the budget reductions.
PAGENO="0474"
468
It is ironic to note that the Native American population, however needy, is not
represented by a lobbying group with extreme political power. We must somehow
question the fairness of budget reductions that nay only penalize those who can-
not rally enough political support to fight them.
The federal government must realize that, contrary cc what they iaa~ believe, they
dp have a moral and legal obligation to mcet the needs of the Native American
population. The government as truarees for the Indian population ~e obligated
to act in their best intrests and for the furtherance of their race. When the
federal government, as trustees; excersing total control nver the ass~ts, lard and
1 ifest';le of pcrJ lit ~:`fl, shirks the-it re~pnnsibility as Trustofr, then God help the
beneficiary.
We w~d encouraze the committee to investigate our findings as we are confident
that they will support our n~eition.
Thank you.
Ronald fronan
NATIONAL ANCRICAN INDIAN HOCStN( COUNCIL
PAGENO="0475"
LJ~
NATIONAL AM~RI('AN INr)IAN 1!O(ISEN(; COuNCIL.
1001 N. MOu~ !AI~J sr. * ~.r: wi; ui ii j * s i;:~ p ;;-rp;Io~';L cO~0'Lr;~
(.,u"o:l lily N[V..;.
~LL; 1~l2} *.;.~.1 ,~; tlarch 13, 1981
AVERAGE ESTIMATED TOTAL DEVELOPMENT COST
HUD INDRThOUSTh~pRO~~
LGION NO. UNITS NO. PROJECTS ESTIMATED TOTAL DEVELOPMEMT COST AVERAGE PER UNIT
90 3 3,902,388 43,360
I 145 4 7,687,206 53,015
V 200 1 8,237,950 41,190
0 0 0 0
(adjusted) 435 8 19,827,544 45,531
(subtotal)
ncluding I,II,IV
`1 1,542 47 76,997,411
111 - -
III
1,184
59
76,320,368
64,460
IX
2,043
50
143,374,397
70,178
:
271
13
\laska
386
26
16,982,172
32,647,463
62,665
84,579
- --- --
IOTALS 5,861 203 366,146,355 62,472
~ ------ -- -- -------~
469
49,933
)ukotas 710 34
ovajo 873- 19
44,550,382
67,321 254
62,748
77,115
PAGENO="0476"
470
NATIONAL AMERICAN INDIAN HOtISIN(; COUNCIl.
1(10) )~. t.1O~i;~1AIN ST. * ;1ATU~ t;to~. * 21!) 2-1 * !;IU(!Th r OF(12102!-!,S( 0MLEX
- CA021(1~ c1TY !it/4O\ allot
702) (1(2-1760 1-larch 13, 1981
DEPARTMENT OF HOUSING & URBAN DEVELOPMENT
INDIAN HOUSING PROGRAM
FY 1981 ALLOCATiON
ALLOCATION
EG1ON CORTRA&T AuTHOR:7 LOAN AUTHORITY NO. UNI1S HO. UNDER PROGRAM RESERVATION
- - 5,570,000 - 67,157,000 1,100 -0-
I - 3,256,000 39,257,000 750 55 ready -
III &,455,000 77,827,000 1,050 -0-
- (3 projects
(+ 150 units)
- in process)
12,039,000 145,153,000 2,050 50
Seattle 2,418,400 30,823,000 1,050 -0-
Anchorage 4,820,600 88,334,000* 925-950 -0-
:OTE: Regional offices have been instructed to conmit no more than 50% of the above
allocations.
Including I,II,IV
PAGENO="0477"
471
NATIONAL AMERICAN !NI)IAN 1101 lSIN; (`OITNCfl.
001 N. MOUNTaIN ST. * WA/LOS I/LOG. * SUI /0 2-i * S/LI/NA I' 01000/0/AL COO//MO
CA//SO/I CITY. /4CVAOA 83/0/
TELEPHONE 702/ 1/02-1 750
March 13, 1981
REGION BY REGION PIPELINE*
~GION PROGRAM RESERVATIOI4 ANNUAL CONTRIBUTIONS CONTRACT UNDER CONSTRUCTION TOTAL
1,255 64 - 619 - 1,938
Includes I,II,IV)
1,888 40 1,251 3,179
III 1,466 261 1,039 2,766
3,422 1,718 1,269 6,409
342: 117 311 - ` 770
ASKA 870 89 331 1 ,290
~TALS 9,243 2,289 4,820 16,352
DOTNOTE: Approximately 150 units in Region VIII shown under the Program Reservation total.
- ~ to be purged becuase they have-unresolvable problems. 1,195 of 1,888 units shown under
rogram Reservation in Region VI should be under ACC by September 30. 1981 because they are
linde/I from 1980 monies. Anticipating a construction time span of 9 to 18 months, depending
;pon the region, all units shown under ACC and/or Construction will be out of the pipeline
y September 1982.
Uoe~ not include FY 1981 allocations.
PAGENO="0478"
472
JIThhated Cnbes of flortbwest Tndians
May 11, 1982
~Honorable Morris K. Udall
Member of Congress
235 Cannon
house office Building
4asington, D.C. 20515
RE: HR 5988
YAKIMA
Dear Mr. Udal 1:
1ST VICE PRESIDENT Our testimony was to be given orally but due to lack of
CALVINJPEIERS funds and timely co~iisitments, we are sending you our
SQCAXIN ISLAND ccrrnents. -
2~DV1CEPRESIDE\T We agree with your comitrnent to HUD Indian Housing.
DELRERTFRANK If the program is eliminated we have concerns to be
WARM SPRINGS addressed as noted.
tie have concern for the growth in unemployemnt at an
3RDSICEPRESIDENT average of about 50% in reservation areas.
SNOI-IOMISH
Homes lack adequate space, and health conditions have
begun to deteriorate as the HiS funding cutbacks in
SECRETARY environmental protection has affected our populations.
PAULINERIm~S It is necessary that homes continue to be available
rn to those of our membership who have need. We must
protect that vital right of an Individual to have
ASSISTANTSECRETARY adequate shelter.
VIRGINIA REAVERT
YAKIMA Sincerely,
E= A.
MAKAR -
Connie Skanen,
Executive Director
EXECETIVE DIRECTOR
CONNIE SXANCN
UMATILLS
Et~CLOSURE:
CS/kad
cc: ~j~seesll Jim, President
Pauline Ricks, Secretary
PAGENO="0479"
473
Jiffiliated Cribes of florthwest Tndlans
TESTIMONY TO HR-5988
On behalf of the Affiliated Tribes of Northwest Indians, we are
proud to have this opportunity to speak to the Indian Housing Act
of 1982.
The Affiliated Tribes is appalled to learn that the administration
has not requested any Indian Housing Units through the Department
of Housing and Urban Development for FY 83 and is seeking to rescind
the FY 82 funds for Indian Housing that were appropriated by Congress.
We would like to bring this Committee's attention the strong need
for an Indian Housing Program in the Northwest area.
For the last year, we have seen a critical examination of the HUD
Indian Housing Program with the professed goal of making the program
more cost effective, more simple and improvement of the program's
integrity. As so often is the case, it is easier to criticize,
but much more difficult to do something about it. To accomplish
these goals, apparently HUD is proposing a program based primarily
on a Section 8 voucher type of system, under the handle of
"Certificates'. We consider this totally unrealistic since such
a program depends upon the availability of existing rental units
which we all know are simply not available in Indian area. In
addition, the certificate program, in our opinion, would be more
complex and more costly than the present HUD program.
Despite its inadequacies, the HUD Indian Housing Program remains
a vital resource in meeting Indian housing needs. HUD had developed
over 40,000 housing units on Indian reservations over the past
twenty years. Indian Housing Authorities have been established,
staffs hired and trained procedures and inter-agency working
relationships developed. Tribes and individuals have invested
and borrowed to form construction companies in reliance of the HUD
program. They and Indians employed on HUD-funded projects will be
18-934 O-83---31
PAGENO="0480"
474
out of work and forced to take their place in unemployment and
welfare lines if the HUD program is ended~ Additionally, while
a new program alternative is highly desirable, start-up time is
bound to be slow as shown by past experience. Thus, we believe
that this important program should be kept intact but modified
to cut costs, streamline delivery and make it more responsive
to Indian needs. However, if this is impractical and unacceptable
in this era of fiscal austerity, ATNWI supports the Indian Housing
Act of 1982 as a viable alternative to the HUD program.
The Indian Housing Act of 1982 shows that the Committee has
maintained a history of the Indian Housing effort. To paraphrase
a famous quote, "Congressional Committees who don't study their
history are doomed to repeat it". It is quite evident there is
no danger of that occuring with this Act. For the first time,
we have a proposed Indian Housing Program designed for the special
needs of Indians and not an aberration of some existing urban
program.
This proposed Act is a more comprehensive program than is being
carried out in that it provides housing assistance for three (3)
separate Indian income groups. However, we do have the following
concerns:
1). The act should not exclude Indians from
being eligible for other federally assisted
housing programs.
2). Section 3 (11) limits the programs to
federally recognized tribes. Since the
bill is a substitute for the HUD program,
it will discriminate against those tribes
without federal recognition~ The proposed
office of Indian Housing Programs, to be
established within the Bureau of Indian
Affairs, should have the authority to serve,
at least, those tribes currently served
under the HUD Program.
PAGENO="0481"
475
3)~ Tribes, and Individual Indians, may be
reluctant to have trust fUnds attached for
nonpayment of residual receipts. We would
hope that this would be the last sanction used.
4), The Bill is not clear on the minimum income
necessary for eligibility.under Title II.
We believe this should be stated in the
legislation.
5). We recommend the addition of a provision for
operating expenses should they become
necessary.
6). We believe there should be a limit, or cap,
set for the administrative charge which is
part of the minimum payment.
7). We recommend under Sec. 3 (9) that the language
fOr a standard house be changed to read:
`standard housing" means a dwelling in a
condition which is decent, safe, sanitary,
and modest in size and de~jg~ so that it
meets the following minimums --" (Underlining
denotes proposed change).
8). Under Sec. 206 (a), we recommend that preliminary
planning and administration disbursements be
limited to two (2) percent of the total fund
amount.
9). Under Sec. 213 (a) we recommend that the language
be changed to read, "Tribal and Agency officials
and employees who are responsible for the receipt
disbursement and accounting for funds under this
title shall be bonded in an amount not less than
the funds obtained in the initial disbursements,
PAGENO="0482"
476
the aver~9e annual balance of the
maintenance reserve accounts.
No initial disbursement shall be made
until a bond satisfactory to the
Secretary is obtained.
Underlining denotes proposed'change).
10). Under Sec. 203, we recommend that applications
include preliminary specifications but not
drawings as this may be too expensive for
tribal housing agencies that have not
received preliminary planning funds~
11). Minimum standards sometimes become the
standard for housing and we would recommend
that quality homes be developed for
Indians with maximum attention paid to energy
efficiency and ease of maintenance.
12)~ We recommend a minimum of a five-year
authorization for the act to assure a
continuing commitment for housing
assistance to Indians.
Some of the features of this bill that are particularly commendable
include:
1). This housing program was obviously designed
for Indian Tribes, it is not an adaption of
an urban program to the reservation setting.
It is a far less compTicated program than the
HUD program, and the ease of administration
alone will save money and speed up delivery.
2). The payback of residual receipts to the Indian
Housing Finance fund will assure a continuing
program of housing assistance to Indians while
the annual appropriation request to Congress
PAGENO="0483"
4717
can be decreased as the amounts returned
to the Fund increase.
3). It provides a means for middle-income
Indians living on trust land, to finance
housing from the private market,
4). It consolidates the funding and administration
of the program into the Federal agencies
and Congressional Committees traditionally
responsible for Indian Affairs.
5). It provides for substantial rehabilitation,
as well as acquisition and construction, for
Indian families with an ability to pay a
minimum amount for housing,
6). Legislative enactment of the `Indian Housing
Act of 1982", would constitute a fairly
comprehensive plan, along with other housing
assistance programs, to eradicate the deplorable
and unacceptable Indian Housing conditions
which presently exist in this country,
The fact that this Congress has made this effort to continue the
existing program as well as to develop an alternative to it, shows
a deep commitment and special concern which is especially important
because of the trust responsibility the United States Government
has with Indian Tribes. Without that commitment, overcrowding
and substandard conditions will continue to worsen and improvements
in health and sanitary conditions will decline, It is truly grim
to realize that the progress that has been made in improving living
conditions for American Indians and Alaska Natives will be so quickly
and devastatingly ended. Without your commitment, there is no safety
net.
PAGENO="0484"
478
SALT RIVER PIMA - MARICOPA HOUSING AUTHORITY
RI. 1,BOX 215 * SCorrSDALEARIZ.85258 * PHONE 949-7234 EXT.381
May 12, 1982
Congressman Morris Udall
Room 335
House of Representatives
Kannon Office Building
Washington, D.C.
Dear Sir:
We would like to thank you for the opportunity to present
our recommendations and improvements on the 1f.R. 5988
proposing The Indian Housing Act of 1982.
We feel that The Indian Housing Act of 1982 is in many
ways advantageous to the Indian Tribe. However, we
feel that the Bill in its present draft would need
improvements. Therefore, we have attached a list of
our recommendations concerning the proposed legislation.
Respectfully,
SALT RIVER PIMA-JIARICOPA HOUSING AUTHORITY
o4?4 ~2/~
Aaron Osife Laurie Thom~-s~ Coma Ray
RESIDENTIAL TRAINING & COUNSELING PROGRAM
Attachment
PAGENO="0485"
479
Salt River
PIMA-MARICOPA INDIAN COMMUNITY
RT. I BOX 216 . SCOTTSDALE, ARIZONA 85256 * PHONE (602) 949-7234
TO : Eunice Sampson
Coordinator, R.T.C.P.
FROM Aaron Osife, Laurie Th~as, Lo~&Ray
Trainer/Counselors
DATE: May 12, 1982
SUBJECT: H.R. 5988, PROPOSED INDIAN HOUSING BILL
RECOMMENDATI ONS
Attached is the listing of our recommendations on the
proposed Indian Housing Bill (H.R. 5988).
At tachment
cc: Herschel Andrews, S.R.P.M.I.C. President
Filmore Carlos, Executive Director, Housing
Board of Commissioners, Chairman
Memorandum
PAGENO="0486"
480
STATEMENT (page 5)
SEC. 3. For the purposes of this Act, the term -
(10) "Tribal Housing Agency" means that entity or
administrative unit of the tribal government which has
been designated or established by the tribe to adminis-
ter housing programs under this Act;
Term Tribal Housing Agency would be confusing as to which
governmental agency the Bill is referring to.
We recommend that the term "Tribal Housing Agency" be
changed to the Tribal Housing Department.
STATEMENT (page 6)
SEC. 101. (a) There is hereby established an Indian
housing improvement program for the purpose of making
grants or providing assistance to preserve existing
housing, make repairs, and construct or acquire stan-
dard housing for Indians.
The type of program would cause less confusion as which
Housing program would be eligible for assistance.
We recommend that the grants be provided to preserve
existing housing; shall specifically name other housing
programs as HIP, FHA, HUD.
STATEMENT (page 6)
SEC. 101. (c)
(1.~) have repairs or new construction performed di-
rectly by the Bureau of Indian Affairs.
The term "repairs or new construction" are not clearly
def i ned.
We recommend statement specifically define the type of
construction that will be performed by the B.I.A.
STATEMENT (page 7)
SEC. 102. (a)
(3) finance the construction or acquisition of new
standard housing where severe need is demonstrated and
it-is established that there is no reasonable prospect
that standard housing can be financed from other sources.
We recommend that the paragraph phrase as such - finance
the new construction or acquisition of new standard
housing where severe need is demonstrated and it is
established that there is no reasonable prospect that
standard housing can be financed from other sources.
PAGENO="0487"
481
STATEMENT (page 8)
SEC. 105.There is hereby authorized to be appropri.-
ated, without fiscal year limitation, not to exceed
$30,000,000 in each fiscal year beginning in fiscal
year 1983 for the purpose of carrying out the provi-
sions of this title.
We recommend that the phrase be changed from not to
exceed" to not less than in order that the appropriated
funds of $30,000,000 b~ granted each fiscal year.
STATEMENT (page 10)
SEC. 203
(b) Applications for funding shall be evaluated and
approved, subject to the availability of appropriations,
based upon, but not limited to, the following criteria--
There is a question on who will be responsible for eval-
uations and approval of the applications for funding.
We recommend this subsection state who will be responsi-
ble for evaluating and approvihg.
STATEMENT (page 12)
SEC. 206. (a) An initial disbursement may be made from
the fund, under a project agreement, to cover costs in-
curred by the agency for preliminary planning and admin-
istration: Provided, That this initial disbursement
shall not exceed~~ö,000 or 2 per centum of the total
funding of the project.
We recommend that the initial disbursement phrase should
be changed from "shall not exceed" to not less than 2
per centum of total funding of prOject.
STATEMENT (page 30)
SEC. ~02.
(b) The Secretary shall provide for the establishment
of a training program to develop an understanding by the
participating families of the respective roles and respon-
sibilities of the tribal housing agency, the Federal Govern-
ment, and the participants under titles I and I . Such
program shall include basic home maintenance training for
participating families.
We recommend that the responsibility of the tribes be given
an option to choose the training program that benefits their
local needs, whether it be Indian or Non-Indian.
PAGENO="0488"
J~!4cofee (~e41~'Va&i~,&
~4c~s 1~
March 30, 1982
The Honorable Morris Udall
Chairman, House Committee on Interior
and Insular Affairs
1324 Longworth House Office Building
Washington, P. C. 20515
Dear Congressman Udall:
The Creek Nation wishes to thank you and the other members of the Committee
for your work and efforts concerning the "Indian Housing Act of 1982".
We are convinced that the Department of Housing and Urban Development intends
to terminate the Indian Housing Program as we know it. The HUD options we
have reviewed to date are totally unacceptable to the Creek Nation and would
leave the Creek Nation incapable of housing its members.
The Indian Housing Act of 1982 fills the many gaps we as tribal leaders
must confront daily. We wish you godspeed and will assist you in every
way to bring the Act to reality.
Sincerely,
`
Claude A. Cox
Principal Chief
CAC :ec
cc: Oklahoma Congressional Delegation
482
d ~
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PAGENO="0489"
483
I); TRIBAL COUNCIL
Organized April 18, 1918
UFF~C(RS (R.nis.d Constitufiun and By-Laos, January 6, 9591
~ RED LAKE BAND of CHIPPEWA INDIANS
Phone 218/679-3341
RED LAKE MINNESOTA 56671
The Honorable Morris K. Udall
Chairman
Committee on Interior and Insular Affairs
U.S. House of Representatives
Washington, D.C. 20515
Mr. Chairman and members of the Committee, my name is Roger
A. Jourdain, Chairman of the Redlake Band of Chippewa Indians and
I am pleased to submit this testimony on the "Indian Housing Act
of 1982" on behalf of our tribe.
The Redlake Band of Chippewas wish to go on record complimenting
you and other members of this Committee for producing a housing
act that is comprehensive, innovative, and addresses the needs of
Indian people in Indian areas. We feel that the approach to
Indian housing envisioned in H.R. 5988 will simplify the housing
program and would for the first time address the Indian housing
problem directly rather than as a spin-off of an existing program.
We feel that this is long overdue and we congratulate the Interior
Committee for developing this proposal.
Although we have an immediate need for some 150 units, we
have an additional need for some 200 to 400 units due to the
substandard conditions of many of the present reservation dwellings.
As you know, in the past we have been looking to the Department
- RED LAKE ENTERPRISES -
Red Lake Indian Sawmills (70 Years) / Red Lake Cedar Pence Plant / Chippewa Arts & Craft Shop
Red Lake Housing Industry / Red Lake Pishing Industry (57 Years) . - Home of the Pamous Red Lake Wa)Ieyes
PAGENO="0490"
484
The Honorable Morris K. Udall
Page Two
of Housing and Urban Development (BUD) program to supply much of
this needed housing. Unfortunately, it appears that the BUD
Indian housing program is coming to an end. It is our under-
standing that the Administration plans to stop the present Indian
housing program in HUD. We are already frustrated by the slow
downs that have occured in the BUD program and should the future
HUD Indian housing program be terminated, we fully support H.R.
5988, the ~Indian Housing Act of 1982." Along with our support
we do have the following concerns and suggest the following
alternatives:
1. We feel the bill should contain a "sunset~ provision in Title
IV. The present BUD program does not provide for a periodic re-
view and update which has resulted in several administrative pro-
blems and has caused several parts of the program to become out-
dated. Some provision in the bill that would allow for periodic
review is important.
2. We strongly discourage the attachment of tribal trust funds
in lieu of non-payment of financial obligations. We feel that
this section should be re-written in order to make it clear that
attachment of tribal trust funds can only be attempted as a last
resort and there should be several steps listed that must be
taken prior to even considering this sanction. Tribes without
tribal trust funds face no similar risk. We feel the risk should
be uniform and the sanctions imposed on tribes with trust funds
should be the same as those tribes without trust funds.
PAGENO="0491"
485
The Honorable Morris K. Udall
Page Three
3. We applaud the bill's attempt at cutting as much red tape and
paperwork as possible, but believe that you could reduce admin-
istration even more by not requiring an annual income determination
but by making this an every other year requirement. We also
suggest that should a family have the good luck to increase their
income substantially in any one year that their monthly payment
would be increased gradually on some acceptable percentage basis.
We further suggest the the Committee may want to consider a
monthly payment based on a flat fee determined by the size of
the unit. This would make administration and collections much
more simple and straight forward.
4. We believe the authorization for the Housing Improvement
Program (HIP) is too small and should be increased to at least
$40,000,000 per year.
5. Section 103 is a little unclear to us concerning the possible
sale of trust land. We suggest that this be re-written to make
it clear that it is not intended to sell trust land.
In summary, enactment of the "Indian Housing Act of 1982"
will for the first time allow the tribes flexibility to build
housing for their people in a number of income ranges. Because
of the unique status of our lands and the historical nature of
our governmental structure and relationship with the Federal
government, we feel it is a Federal responsibility to assist us
with decent shelter. H.R. 5988 addresses Indian housing needs
within the context of our trust land and our special relationship
with the Federal Government. We feel this is long overdue and
again congratulate the Committee for addressing the Indian housing
situation.
PAGENO="0492"
amenndian
architecture
Thank you for providing the opportunity to express an overview of
the Indian Housing Bill, HR5988.
I offer the following overview as an enrolled Northern Arapahoe
(interested party) and as an Architect, who has six (6) years of
experience in delivering homes to Indian people via the current
HUD and BIA Product Delivery Processes.
Indian Housing Bill, HR5988 goals are admirable and potentially
far reaching in providing needed housing units for "Our People",
the many tribes across this country. Its most positive trait is
the aspect of Tribal groups having more direct control in all the
aspects needed to deliver a housing unit from concept to the
ground for their respective Tribal Constituents. The following
suggestions are offered to make the bill better.
Section 3, (9), Page 3-4, "Standard housing" ~g~sted ch~g~:
(iii) The plumbing system includes a properly installed system of
piping. Fixtures and worksp~q~ for kitchen area should consist of
sink, stove and refrigi~itor with a 20 inch inclusive counter
height work space between these kitchen utensils. A partitional
bathroom with lavatory, toilet and bath/shower unit with optional
choice of natural ventilation (window) or i~echanical vent
Reasons: A direct personal review of BIA-HIP housing has shown a
ii~k of design in a workable kitchen format which usually lacks in
adequate counter space. An expressed Indian client preference is
to have natural ventilation (window) for the bathroom. In most
cases for the BIA and HIJD house the mechanical vent equipment is
specified for minimum cost thus they are noisy and tend to fall
apart.
(w) The electrical system includes wiring and equipment properly
installed to efficientjy and safely supply electrical energy for
adequate ligh~Iiig and for operation of appliances
Reasons: A direct personal review of BIA-HIP housing re~ai~.thetrdninizn
itiipursued in specified electrical equipment, i.e. conduits,
outlets, etc., and a vital area that should be looked at is
486
Deborah A. Broken Ropa
Indian Affairs Staff
U.S. House of Representatives
Committee on Interior
Insular Affairs .~
House Annex 1 - Room 422
Washington, D. C. 20515
REFERENCE: Review of Proposed
Indian Housing Bill, HR5988
Ms. Broken Rope:
INC.
116 east 22nd street
minneapolis minnesota 55404
area code 612 871-1700
PAGENO="0493"
487
Deborah A. Broken Rope
Indian Affairs Staff
16 April 1982
Page2
equipment such as electric/Gas-Lock-Timers for the electric and
gas water heaters and thermal Recovery System for the electrical
or gas furnace systems used to heat the house. This "new' equip-
ment would make the equipment more energy efficient thus cost less
to maintain for tribes or individuals living in the housing units.
(v) Family size per dwelling is to be within the range of not less
or more than:
I. Five hundred and seventy square feet (570 sq. ft.) and one
thousand and one hundred square feet (1,100 sq. ft.) for a
family of up to four members.
II. Eight hundred and fifty square feet (850 sq. ft.) and twelve
hundred and fifty square feet (1,250 sq. ft.) for a family of
five to seven members.
III. One thousand twenty square feet (1,020 sq. ft.) and one thousand
and four hundred and fifty square feet (1,450 sq. ft.) for a
family of eight or more members,
Reasons. The standards as stated in the present bill are far short
in meeting absolute minimal comfort level square footage need of the
number of people expected to live in these units. An example of
square footage needed for one person follows in one type of space:
i.e. bedroom, one person standing - 12 feet.
1 bed
1 minimum closet
1 chair
1 dresser
Minimum 3O7~ circulation __________
TOTAL
21 sq. ft.
6 sq. ft.
3 sq. ft.
4 sq. ft.
46 sq. ft.
15 sq. ft.
60 sq. ft.
60 sq. ft. x 4 (people) 240 sq. ft.
Minimum bathroom-average 40 sq. ft.
Minimum workable kitchen 70 sq. ft.
Minimum Dining 60 sq. ft. 142 ~ ft
4 x 307~ circulation 72 sq. ft. q.
Maximum Living 120 sq. ft. 264 sq ft
4 x 307~ circulation 144 sq. ft. ___________
Absolute Minimum sq. ft. needed - 756 sq. ft. to serve 4 people.
No ~q~are footage for storage included which is a highly desirable
feature that Indian people want. No square footage for weather entry
to cut energy cost, etc. Also proposing only a minimum to "those
technocratic technicians who ever they may be in the future within
the 0MB" that put annual budget line item appropriation together
would estimate to the minimum dollars thus never appropriating the
PAGENO="0494"
488
Deborah A. Broken Rope
Indian Affairs Staff
16 April 1982
Page 3
necessary funds for our people to meet their basic needs.
Title 11: INDIAN HOUSING FINANCE FUND
This is a vital area that needs experienced handling. Does the BIA
have the expertise to handle this sector of the housing delivery-pro-
cess,~or providing necessary start up funding or ability to offer
start up technical advice to newly created Tribal housing groups.
Section 209, (2) Make Monthly Payments (3) accept respon-
sibility for all utilities and maintenance - if a tribe does not receive
adequate funding to provide a safe, decent and energy efficient hous-
ing, they might put a tremendous burden on their own people. A more
carefully worded clause should be worked out on tribal coliability
and responsibility of the housing unit it subjugates its tribal mem-
bers to live within. -
A stronger clause to insure Indian involvement from design to construc-
tion and administration should be included in the law.
A general concern is that if Indian people are to initiate a bill on
Indian housing we should take steps that guarantee to us a safe and
quality home rather then accept, in my opinion of the current implica-
tion of the bill as it is presently worded, a second class environment.
We should demand a housing iunit that will be adequate to meet our
basic living needs, address our varying climatic conditions, and have
empathy to our respective cultural life styles.
Respectively submitted,
N ROADS Inc.
b~ennis Sun Rhodes
DSR:as
cc: Virginia Toews
Rick Farrell
Forrest J. Gerard
Ada Deer
Louise R. Bruce
La Donna Harris
Alfred Ward
Joe Oldman
Betty Blue
Shirely Plume
Thomas Hodne - THE Hodne/Stageberg PARTNERS, Inc.
PAGENO="0495"
-1
18-934 0-83-32
489
PAGENO="0496"
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IN 1t1~I'I.Y R}w};R TO:
PUEBLO DE ACOMA
THE SKY CITY
P O.Bo~309
ACOMITA. NEW MEXICO 87034
OFFICE OF THE GOVERNOR TELEPHONE 5051 552.6606
RESOLUTION NO. TC-OCT-20-82-O5-O--4
SECOID LI G3/E2IIOE
`~~` THE TRIBAL COUNCIL SUPPORTS PASSAGE OF COMPANION BILLS HR. 5988 AND
~cr~Y5 S-2847, THE INDIAN HOUSING ACT OF 1982. (ACOMA NEEDS 996 UNITS
ESTIMATED COST OF $49,760,160 THROUGH 1991.)
At a duly called meeting of the Tribal Council held at the Pueblo of Acoma
on the 20th day of October , 1982, the following resolution was
adopted:
WHEREAS:
Sec. No. 1 The Acoma Pueblo is an Indian Tribal organization and has full
power and authority to act for the Tribe; and,
Sec. No. 2 The Acoma Tribal Council exercises the rights and powers to
negotiate with the federal government; and,
Sec. No. 3 It is the policy of the United States in keeping with treaties
(February 2, 1848, 9 STAT, 929) understanding and long
established custom to provide certain necessary services and
facilities to Native American Indians; and,
Sec. No. 4 The Acoma Tribal Council acting in and for the authority of
Pueblo of Acoma takes cognizance in addressing the housing
needs for the community and Acoma people; and,
Sec. No. 5 Congressman Morris Udall and Senator Thad Cochron have intro-
duced bills providing for an `Indian Housing Act of 1982" to
provide for an Indian Housing Program and for construction
and financing of housing for Indians; and,
Sec. No. 6 The bills were drafted with input from Indian country, and
provide for the first time a legislative answer to the problems
of obtaining, financing for the construction of private homes
on trust lands, a statutory basis for the operations of BIAs
Housing Improvement Program, and an alternative to overly long
term federal committments in the construction of housing for
low and moderate income Indian families on the Pueblo of Acoma
Land Grant; and,
PAGENO="0497"
491
Tribal Resolution No.TC-OCT-2o-82-05-Q-4
Page Two (2)
Sec. No. 7 There is no direct connection between the Companion Bills
and the ongoing Indian Housing Program of the Department
of Housing and Urban Development though enactment of the
proposed Act would assure continuation of the Indian
housing effort were HUD Program to be curtailed; and,
Sec. No. 8 The Bills' provisions giving flexibility to elected Tribal
governments in the structuring, establishment, or designation
of "tribal housing agencies' are supportive of the self-
determination (PL 93-638) policy; and,
Sec. No. 9 On Acoma Pueblo most of the homes are 50-400 years old,
and are:
Sub-Section (1) 20% are deteriorating.
Sub-Section (2) 46% are dilapidated.
Sub-Section (3) 62% are overcrowded.
Sub-Section (4) 36% are without water.
Sub-Section (5) 50% are without sewer.
Sub-Section (6) 59% are heated with wood fuel.
Sub-Section (7) 59% are without hot water.
Sub-Section (8) 50% are lacking one or more plumbing
facility.
Sec. No. 10 Housing ranks #5 on Tribal priorities long range plans,
and needs 996 housing units by 1991 with the estimated
cost at $49,960 = $49,760,160.
PAGENO="0498"
492
Tribal Resol ution No. TC-OCT-20-82-05-O-4
Page Three (3)
NOWTHEREFORE BE IT RESOLVED:
Sec. No. 1 That, the Acoma Tribal Council does hereby endorse the
passage and enactment of H.R. 5988 and S-2847; and,
Sec. No. 2 `It is time we acted to follow the principles of our
founding fathers who wrote in the Constitution that
we must promote the general welfare.".
Governor, Pueblo of Acoma
1st Lt Governor
.7 / .1
.T2~ ~-~`
-2nd Lt~~iernor
~~1id~
Head~~unci lman
~%~~4Z~/7LL/i
- 1.
Tn a') Secretary
ouncilman
ATTEST:
PAGENO="0499"
493
Tribal Resolution No. TCOCT-2O-82--05-O-4
Page Four (4)
CERTI FICATION
I, the undersigned, as Governor of the Pueblo of Acoma, "Sky City",
hereby certify that the Acoma Tribal Council at a duly called
meeting of the Tribal Council and the people of Acoma, convened and
held on the 20th day of October 1982, at Acoma Pueblo,
New Mexico, approved this resolution, a quorum being present, and
that 8 voted for, and 0 opposed.
Governor, Pueblo of Acoma
ATTEST:
Trib~l Secretáry-~
PAGENO="0500"
494
Prepared statement of Rick Farrell, Salish and Kootenai
Housing Authority
ANALYSIS OF PROPOSED BILL
0. INTRODUCTION
Sec I. No comments
Sec 2. No comments
Sec 3. (1) There is no way to account for self employment
income loss (net income) such as farm income type.
(9)(IV)The reference to use of an applicable code
could set a dangerous precedent in areas (or Reservations)
where the Tribe has no code and does not want to allow
other code to be ruling. Tribes or Housing Agencies should
be able to set the standard as is done under contract now
in many cases.
(9) (V) As a comment, not a criticism. This clause
could work against us by families being able to manipulate
the "standardness" of their situations by adding more people
even though the house might be new and in excellent shape.
(10) As a comment; it is critical that one local
agency be reorganized to handle all these programs, if not
the existing HIP and MUD management programs. This would
lessen confusion, administration, and problems associated
with the funding (when directed to one agency).
I. INDIAN HOUSING IMPROVEMENT PROGRAM
sec. 101 (c) It should be spelled out exactly under what
circumstances, though it maybe understood, that the Secretary
can use direct granting, econtracting, and management powers.
Under this he could by-pass existing Tribes or Agency Officials
any time.
(d) The administration charge is an excellent option here,
since insurance might have to be held by the Agency. Shãuld be
up to the discretion of the Tribes since they may decide to
cover the administration expenze as part of program costs.
Sec. 102 (a) (3) The word "new" should be eliminated since
older existing standard housing might be fine.
Sec. lO3Nô comments
Sec. 104 Excellent clause to prevent profiting at the expense
of HIP. Some thought will have to be given to this for special
cased where the sale of unit would not bring a value equal to
that added by a HIP grant. In such case appraisals should be
conducted to determine what is eligible for a family to get
out of the house on their own (whAt would l~e equivalent to
what they had in it before the HIP grant).
Sec. 105 This catagory may need additional funding as is
explained in general comments.
II. INDIAN HOUSING FINANCING FUND
Sec. 201. No Comments
Sec. 202. The Tribal Housing plan is an excellent idea. It
can be used to assess need and kinds of programs that can be
dispersed locally and nation wide. It will reveal a great deal
about the program and its fundtion.
Sed. 203. (a) If this means that the dollar amount for a
designated number of units is negotiated out during the
application phase, it is fine. I would be leary of identifying
with the "prototype cost~, system used (and abused) under HUD.
Why is the production method left open in the application
phase, but spelled out later in section 215 as "bidding"
which is indicative of the convention method. I think it was
meant to be left open for local alternatives, but this one
PAGENO="0501"
495
entanglement leaves an element of doubt.
(b). I dislike the use of the priority clause (1) since it
allows tribes who may have not received funding due to lack
of capability a chance to gain e~ those who received funds
and were in good management condition. It appears to penalize
good management.
Sec. 204. No Comments
Sec. 205. This section should be changed since it is not
being received well by the Tribes. Less strong wording could
still obtain an equally effective result. Requiring some
kind of Tribal support to guarantee payments by the residents
is recognized not only as necessary to gain legislative
support and continue the Indian Housing Program, but is also
useful and effective for local operations and credibility.
The Tribes are opposed, though, to any kind of language that
sets a lien on assets, since it would be setting a precedent
that could be dangerous. Instead of executisg an Agreement that
would pledge their assets, they would prefer to sign a simple
Agreement binding them to a specific performance that they,
upon default, could be forced to honor by means of a lawsuit.
This Bill could very well be unacceptable if this wording
is not changed. The 30 day period for notification and
responde could be extended to 60 or 90 days.
Sec. 206 Cc) Limiting the time to get units under contract
to one year might be unnecessary or uncalled for, but is an
issue for consensus and not critical. As long as the release
clause, is continuous, it will enable a justifiable delay time
to be worked out.
Sec. 207 No Comments
Sec. 208 No Comments
Sec. 209 No Comments
Sec. 210 No Comments
Sec. 211 No Comments
Sec. 212 (b) The Indian Health Service should have only
Consulting connections to the Housing Agency for construction
and only for water and sewer services, not for entire con-
struction inspection as is stated in this section. It should
be clarified here exactly what the role of INS is expected
to be, otherwise the IHS might be able to assume more re-
sponsibility in the entire consturction sequence and imbalance
the true authority over the project. Here the INS role must
be reduced significantly or left entirely to the Tribes choice
for the level of involvement.
Sec. 213 (b) Alternative types of surety should be acceptable,
as well. This should read that the agency shall require surety
in approvable form from its contractors." There are currently
other usable forms of surety equally as effective and reliable
as performance bonds, and are easier to obtain for minority
contractors. Limiting surety would mean a limit on consturction
methods, of local development creativity, and a resulting
potential cost savings that could be passed on through to the
agency.
Cc) Warranty bonds should reflect alternative types of surety
and should be left up to the Local Agency for determination of
what amount and what time limit. There is a possibility of cost
savings if this is adjusted case by case.
PAGENO="0502"
496
Sec. 214 No Comments
Sec. 215 Contracts should not be limited to "bidding~ which
is indicative of a conventional construction method. Bidding
does not necessarily guaranty the lowest cost ot the Project
nor the best product.
Sec. 216 A clause should be added to limit the time a person
could repeat assistance in this title. (ie. five years).
Sec. 217 No Comments
Sec. 218 No Comments
Sec. 219 No Commen~ts
Sec. 220 No Comments
III INDIAN HOUSING LOAN GUARANTY FUND
This program is new and long over due for the Reservation. It
is highly desirable and is acceptable in the form as printed
in the Bill.
IV MISCELANEOUS
Sec. 401 No Comments
Sec. 402 (b & c) The training aspect is an exceptional idea
since it will be needed constantly to keep the Housing Agencies
informed and trained on the program function. I don't believe
1% will adequately handle the need for proper training for both
BIA or Agency staff. It will have to be 11/2 or 2% at the very
minimum. This section will end up being the most critical and
relied upon, so should receive the highest priority.
GENERAL COMMENTS
1.) KEEP THE PROGRAM SIMPLE
At all costs we must keep the program as simple as possible,
leaving a lot of the management details up to the local Housing
Agency. A general rule of thumb that seems to help me keep this
into perspective (and have learhed from operating the current
HUD program) is that if there is not one way to do something
(or one way that must be) in the program that has a reasonable
consensus and agreement from the Tribes, then leave it out or
up to the local agency to conduct as they wish or can convince
the Secretary. There is a prevailing and natural fear that this
program (even though it is well intentioned and even born with
this precaution built in) could get out of hand and become as
cumbersome and confusing as that with which we now struggle.
Even though I realize and am confident that the focus in the
creation of this bill was to avoid that band of bureaucracy
and attitude, there is always a chance, if we are not alert,
straight foreward, and ridiculously preventive now, that this
could happen again. Even though the BIA is a natural to handle
this program, and it is defined from the start to be uncom-
plicated, the BIA does not have the best reputation for dealing
with programs of this magnitude. There is some justification
to be wary when there is so much more proceduralmaterial to
come and the organization is not as yet in place.
I am not totally convinced that t~e door has been satisfacto-
rially closed to prevent a return of what many of us would
like to see contained once and for all. The following are
concerns I have that if not sufficientl~r controlled either now
in the bill or later in drafting of handbooks, regulations,
PAGENO="0503"
497
or statements of operation, could lead to repetative mistakes.
Please take note that these are only items I am seeing that
are indicators to future problems, and not direct criticisms
or obstructions to my acceptance of this bill or its concept.
I just want this program to be the best that it possibly can
be.
(a) In considering the above concern with the BIA, I am cautioned
with the control of the program at the Central level. It if han-
dles the number of decisions, reviews and approvals that the
bill alludes it will, there will be a tendency either to expand,
or to limit the range of flexibility that can occur at the
local level. Both are bad side-effects.
(b) Rent/payment calculations and reexaminations (as a result
of a percentage system) if not controlled will lead to heavy
management that presently no one wants to pay for (subsidize).
Caution should dictate limitations to administration if funding
support is anticipated to be low.
(c) As was mentioned in the analysis of the bill, any relationship
of cost allocation and number of units could easily become a
formula that reeks of "prototype cost" and should be avoided.
(d) Giving the Indian Health Service the control over inspectton
that is interpreted in the analysis is also dangerous. Not so
much because they wouldn't want it but because they are not
expert enough to handle anything but sewer and water services, and
they could not assume the responsibility along with the authority.
There are individual problems at present with the INS and the
local area should- have the option to request the involvement of
the INS and determine the level of that involvement.
(e) In specififying that "bidding" should be used, there is some
indication that production methods will be limited. This kind of
limit leads to use of a procedure which would be at a minumum
suggested for use. Some local areas may have an all-around better
way and be able to avoid such prodedures. They should not be
dictated.
(f) The types of b*nding should be left up to the Local Agency
as long as it is sufficient to protect the project and approvable
by the BIA.
(g) The review of plans and specifications should be for yen-
fication only, not in any repetative sense that would duplicate
what has been conducted at the Local level. These submittals should
be used for program compliance only and not for ` the protection
of the Housing Agency or the Tribes."
(h) Codes must be kept simple and never controlling where they
bind us to outside jourisdiction or work against us in trying to
save program costs and curtail confusion.
2.) INCREASE TITLE I EMPHASIS
At this point it~ appears that the Title 1 segment of the program
will be receiving much more attention that it is emphasized in
the program proposal. This stems from two basic reasons:
there may be more families to be serviced in this catagory and the
program versatility is such that it may be the most effective and
attractive to work with. According to our data, incomes of the
families applying for housing assistance are such that Title 1
would have to pizt up most of the need1and the funding level and
emphasis do not reflect that, this means essentially that the
low, low income groups are being left out more, and are the ones
(especially elderly) that most need the help. On our Reservation
PAGENO="0504"
498
there are significant number of Low Rent (MUD) units to alleviate
the problem some, but I can anticipate on others that these people
will be left out.
I would recommend that we leave this title open for interpretation
in order, to be diverse enough to conduct imaginative development
and management approaches (such as rental housing). This will better
assist very low income families and prevent what could be a move
to place people into an ownership position when they are not
willing or able to assume the responsibility. This increased
emphasis will necessitate increased funding. If a very low
income family doesn't have an existing house to rehab and the
only available assistance is new construction - how will that
family afford the maintenance, for instance? We could be placing
people in a position that they and we will both regret.
3.) MINIMIZE EFFECT OF ADDING PROGRAM
We must be aware that, even though we are supporting and promoting
a new and much more acceptable program and concept for Indian
Housing,- its implementation will be an additional responsibilty
to are alteady over loaded system (MUD programs administered
locally) and will place Tribes and Local Agencies in stressful
positions. Any consistancy, allignment, or phasing-in could
alleviate this strain and get more Agencies off on the right
foot. Recognizing that this situation exists will be important
in eliminating unnecessary confusion and will be to the benefit
of all concerned.
4.) MORE CONSULATATION FROM TRIBES
Up till now (and for unknown reasons that I will not challenge)
the local Tribes and Housing Authorities have not been consulted
as to the design of thisbill. It is extremely important that,
as the program requirements and guides are written, the local
Agencies be included and consulted along the way for their
advice and direction to insure that the program reflects their
needs and requests.
5.) MODIFY TRIBAL GUARANTEE CLAUSE
The tribal guarantee for replenishing the revolving fund by
the Agency should be changed as explained in the earlier
"analysis of the bill." The Tribes are not readily willing to
accept this. -
PAGENO="0505"
499
MONTANA INDIAN TARGETED JOBS
DEMONSTRATION PROJECT
P.O. B0X387 * BROWNING. MONTANA59417 TWO(2)YEAR
PHONE(406)3385525 DEMONSTRATIOPIPROJECT
AOM~NIBTUTION EXECUTIVECOMMITTEE
CARLB.$CHlLXT,~.,j,.oj,~,, ~
April 28, 1982 VURRE1RUNNV~GFISHER.V~V,P,C,(d~
CAROLVNAUUARE.E,V$.~,,t,y STEWARTAUGARE,Ofte~
The Honorable Pat Williams
U. S. House of Representatives
Washington, D. C. 20515
Dear Congressman Williams:
The Montana Indian Targeted Jobs Demonstration Project
strongly opposes the weak Indian preference language contained in
the proposed Indian Housing Act of 1982. Since you are co-sponsor
of this bill, we are hoping that you can revise Section 215 50 it
provides for the same strong Indian preference language that is
contained in all other Indian legislation; that is, the Indian
preference requirements imposed by Section 7(b) of the Indian
Self-Determination Act.
MITJDP, funded by HUD and five other federal agencies
several years ago, uses the federal Indian preference requirements,
as well as those of the tribes, to assist Indian construction
contracting firms develop and become financially viable. It has
been an extremely effective program. During the period when
there was significant construction on the reservations in Montana,
we had helped over 60 Indian firms get started. This ensured
that federal dollars spent on the reservations stayed there and
turned over three or four times to help promote Indian economic
development. Most of the work done by the Indian contractors was
on Indian HUD housing. Yet, if the language in the proposed
Indian Housing Act is allowed to go through as written, it will
effectively destroy this valuable program we have established and
its vast impact on reservation economic development.
When I testified before you and the other members of the
Interior Committee in November of 1979, we agreed that Indian
preference was an important means of promoting Indian economic
development. MITJDP took that concept and showed how effective
it can be in practice. On the other hand, we understand that
Indian Housing Authorities are claiming that Indian preference
adds to the cost of Indian housing or causes the job to be done
with lower quality. We question whether they have any documenta-
tion to support this compared to the hard proof we can present of
the value of Indian preference as a tool for economic development.
PAGENO="0506"
500
The Honorable Pat Williams
April 28, 1982
Page Two
I know that on our own reservation most of the projects that have
gone belly-up have been handled by non-Indian firms. The same
goes for quality. The Indian construction contractors know they
have to live on their reservations and face the tenants of those
houses day-in and day-out. Therefore, they toad to york harder
and have greater pride than do contractors who slap together some
houses and then never show their faces on the reservation again.
I know I speak for more than just myself. All of the tribal
governments continue to be strongly supportive of HITJDP and have
appreciated the contributions it has made to Indian economic
development. In light of the overwhelming evidence showing the
value of Indian preference, combined with our own experience that
Indian preference contributes to increased efficiencies and
quality, we believe that the proposed language in the Indian
Housing bill is not in the best interests of the Indian community.
Since you are a co-sponsor of the bill, I hope that you will be
able to use your position to change this language. While the
strongest Indian preference language possible should be included,
we would not object if the bill provided or just implied that
procurement under the bill is covered by Section 7(b) of the
Indian Self-Determination Act.
Thank you for your long-standing support of Indian
preference and of our Nontana Indian Targeted Jobs Demonstration
Project and for your consideration of our request. We would
appreciate it if you could include this letter in the hearing
record on the Indian Housing Act bill.
Sincerely yours,
Carl B. Scuildi
Executive Director
CBS/mm
cc: The Honorable Morris Udall
PAGENO="0507"
501
ZIONTZ, PIRTLE. MORISSET. ERNSTOFF & CHESTNUT
AT~ORNEVS AT LAW
May 13, 1981
Frank Ducheneaux, Esq.
Special Counsel, Indian Affairs
House Committee on Interior and
Insular Affairs
422 House Office Building, Annex I
Washington, D.C. 20515
Re: FY 1982 Indian Housing Program
Dear Mr. Ducheneaux:
On behalf of the Colville Housing Authority we have
been writing to various members of Congress in order to
preserve the Indian Housing Program.
Enclosed for your information is a copy of the letter
and comments we sent to members of the Washington Congressional
delegation, Senate Appropriations Committee, Senate Select
Committee on Indian Affairs, and the House Interior and
Insular Affairs Committee. We welcome any comments you may
have concerning these letters, and wish to thank you for the
information you provided us concerning the Supplemental
Recission Bill and funding for the Indian Housing Program.
Very truly yours,
ZIONTZ, PIRTLE, MORISSET
ERNSTOFF & CHESTNUT
`Samuel J. Stiltner~
SJS/mg
Enclosure
cc: Harvey Moses Sr.
Executive Director, Colville Housing Authority
Norris Palmanteer
Colville Business Council
PAGENO="0508"
502
ZIONTZ. P~RTLE. MORISSET. ERNSTOFF & CHESTNUT
SSESESIIC1$E SEATTLE. WASHINGTON 98104
May 11, 1981
The Honorable Dale Bumpers
3229 Dirksen Senate Office Building
Washington, D.C. 20510
Dear Senator Bumpers:
On behalf of the Colville Housing Authority of the
Colville Confederated Tribes, I am enclosing the Housing
Authority's comments on the cost-effectiveness of the Indian
Housing Program. As the comments also demonstrate, it is
simply not true that there is a construction backlog in
Indian housing programs. These programs have been managed
expeditiously and in a cost-effective manner. A transfer of
funds to other HUD programs, such as the Comprehensive
Modernization program, leaves reservation Indians out entirely.
Indian housing authorities also serve a dire need for housing
on remote Indian reservations for which there is simply no
alternative source. Moreover, support for Indian housing
authorities represents support for cost-beneficial Indian
self-government, long supported by both Republican and
Democratic administrations and legislators. As President
Reagan stated in his campaign:
I can think of no better example of the
problem flowing from paternalistic big
government than the events that have
happened to J~merican Indian communities.
I would support Indian government through the
fulfillment of treaty obligations and
financial assistance, and not supplant
Indian government by federal government
bureaucrats.
PAGENO="0509"
503
For these reasons we urge you to vote to preserve the HUD
Indian Housing Program in the FY 1982 budget, in accordance
with the findings of both the Senate and House Reports on
BUD appropriations bills. Maintenance of Indian self-
government and support for safe, decent housing on res-
ervations no longer should fall prey to bargaining within
"big government." The goals of fiscal responsibility and
budget restraint simply will not be served by destruction of
the Indian Housing Program's efficient local provision of
basic survival services for the truly needy residents of
Indian reservations.
Very truly yours,
ZIONTZ, PIRTLE, MORISSET
Samuel J. Stiltner
of Attorneys for Colville
Housing Authority
SJS/mg
Enclosures
cc: Frank Ducheneaux, Special Counsel for Indian Affairs
Deborah Ann Brokenrope, Clerk of Indian Affairs
Timothy C. Woodcock, Staff Director,
Senate Select Committee on Indian Affairs
PAGENO="0510"
504
COMMENTS OF THE COLVILLE HOUSING AUTHORITY
CONCERNING- FUNDING FOR INDIAN HOUSING PROGRAMS
We appreciate this opportunity to submit comments concerning
funding for the Indian Housing Program. We understand that the
Administration proposes to eliminate totally the Indian Housing
Program and has presented to the Committee comparisons of the cost
of the Indian Housing Program to non-Indian public housing intend-
ed to show that the Indian Program has not been cost- effective.
The Indian Housing Program has proven to be cost-effective
and we invite fair comparison with the costs of non-Indian public
housing. However, the Administration's arguments are misleading
and we strongly object to the specific comparisons and conclusions
which the Administration has tendered.
The Administration asserts that the unit cost of Indian
housing far exceeds the unit cost of non-Indian public housing.
We ask that the Committee consider the following:
1. The Administration has stated that one home under the
Indian Housing Program ultimately costs the taxpayers
approximately $175,000. However, we understand that
this figure was obtained by a statistical process invol-
ving amortization over a 25 year period, and that no
similar figure was prepared for public housing general-
ly, so that a fair comparison is impossible.
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2. A fair comparison of Indian housing to public housing
nust not neglect that public housing is mostly urban
housing in high-density projects. These projects have
economies of scale and location which are impossible in
Indian country. -
3. A unit cost comparison, with public housing is unfair un-
less the Committee recognizes that much public housing
consists of one-bedroom elderly units; whereas Indian.
housing is predominantly for families, and a substantial
portion of Indian housing units have from four to five
bedrooms. (Approximately 75 percent of the homes con-
structed by the Colville Housing Authority have three
bedrooms or more.) Obviously, the unit cost will be
necessarily greater for the Indian Housing Program, al-
though the cost per occupant may not be.
4. We understand that the Administration supplied cost
figures for public housing which did not include the
amount of federal operating subsidies, whereas the
figures for Indian housing included the amount of such
federal outlays.
5. The Administration cost figures for Indian housing in-
cluded Alaska Indian housing costs.' The Alaska program
is extremely unusual in its short construction season
and in the stupendously high costs of labor and sup-
plies. The inclusion of Alaska Indian housing .costs in
18-934 O-83----33
PAGENO="0512"
506
the Indian housing figures is unfair and misleading
without consideration of these factors, because the pro-
portion of Indian housing to public housing in Alaska is
high due to the demography of that region.
6. The Adninistration has asserted that the Indian Housing
Program is behind schedule on sone 22,000 units. Ac-
cording to our information, the Administration actually
has identified units within the normal pipeline process
and labeled those as being behind schedule. The intend-
edconclusion, that the Indian Housing Programs is not
cost-beneficial, is obviously not warranted by this mis-
characterization.
7. Finally, most Indian reservations are remote from con-
tractors, skilled labor pools, and sources of supply.
The Colville Indian Reservation is 120 miles from Spo-
kane, Washington, from where contractors, subcontractors
and supplies must be brought to carry out construction.
The Colville Reservation encompasses more than one mil-
lion acres of land in which there are four population
centers (Nespelem, Inchelium, Kell* and East Omak).
Construction at Keller or Incheliun requires use of Nes-
pelern as a distribution point from which supplies and
workers must travel across mountain passes or by ferry
across Lake Roosevelt.
PAGENO="0513"
507
The Administration has also eliminated the request for In-
dian Health Service sanitation facility monies for this year. Un-
der current practice, lBS does not contribute to Indian housing
projects until the houses are already under construction. As a
result, IRS requests its funding for Indian housing projects any-
where from 18 months to three years later than BUD's requests for
budget authority for the same housing. If the Administration's
plans concerning IRS sanitation facility money are carried out~ it
would be impossible to construct some 13,000 units for which BUD
already has budget authority for 1978 to the present. To the ex-
tent that this would affect work already under way, the proposed
elimination is hardly cost-beneficial.
The contin~uing need for new federally funded housing on In-
dian reservations should be obvious and should not require docu-
mentation. However, we note that a 1980 survey concerning the
Colville Indian Reservation projected a need of 1,000 additional
units by 1985, based on projected increases in reservation employ-
ment and the clear trend of young, smaller families moving back to
the reservation. Even if such a family could afford the enormous
down payments and mortgage payments required in the private mar-
ket, it woulâ be hard pressed to obtain financing to build on In-
dian trust land, due to the near-impossibility of pledging trust
land as collateral. The Colville Housing Authority's waiting list
now has the names of some 230 applicants, and the list grows with
PAGENO="0514"
508 -
each passing week. These families should not be denied the bene-
fits of the nation's public housing programs.
Although the Adminstration has failed to demonstrate that the
unit cost of Indian housing is greater than for public housing
generally, many factors would justify any disparity in costs if
indeed a disparity exists. Many costs are entirely beyond the
control of the Indian housing authorities. In particular, there
are pre-development costs which are unique to Indian housing.
First, there certainly would be additional expense where a housing
project is dependent upon the coordinated efforts of three separ-
ate federal agencies. Moreover, many Indian projects must be de-
veloped on allotted land, often on scattered sites, which must be
leased to the housing authority. The checkerboard pattern of land
tenure on Indian reservations, a confusing tangle of ownership and
jurisdiction inflicted upon Indian people by the many radical
shifts in federal Indian policy over a century, present problems
of site selection, title examination, lease acquisition, utility
easement acquisition and road access which have no counterparts in
non-Indian public housing. The victims of conflicting -and chang-
ing federal Indian policies should not be blamed; if the unit cost
of Indian housing is in fact greater due to these factors, the
elimination of the Indian Housing Program would penalize the
tribes for problems which they did not create and resulting costs
which are beyond their power to control.
PAGENO="0515"
509
The hard truth is that Indian housing authorities generally
have no alternatives to the BUD Indian Program. This should be
contrasted with the options available to non-Indian public housing
authorites. State and local governments have tax bases and other
means of funding public housing which are simply not available to
tribes.
Within a span of ten years, the Colville Housing Authority
has made great strides in capability in terms of producing many
units of housing, on time, for the least cost possible.' The Col-
ville Housing Authority has produced a housing project every year
with the result that there are now more than 400 units either oc-
cupied or under active construction. Nor can it be said that the
Colville Housing Authotity is or ever has been behind on construc-
tion; to the contrary, the Housing Authority has done everything
possible to expedite each project. No project has ever been ex-
tended. Each one has been completed prior to the projected date
of completion, sometimes by as much as four months. The Housing
Authority also has administered the pre-development phases in an
efficient and expeditious manner. The target dates established by
BUD upon initial approval of each project have always been met by
the Housing Authority, and any rescheduling that has occurred dur-
ing these pre-development periods has been made to accommodate the
needs of agencies other than the Housing Authority. The current
project illustrates this efficiency. The Colville Housing. Author-
ity applied for the current project on March 1, 1980. Bids were
PAGENO="0516"
510
opened on March 10, 1981, and the construction contract was signed
on March 31, 1981. Again, we invite a fair comparison with any
non-Indian public housing authority.
Management capability of Indian tribes to construct and oper-
ate low income housing projects has grâwn at a tremendous rate.
This has been done in a much shorter tine than has been available
to non-Indian public housing aathorities. Tribes across the
country have developed administrative structures which now have an
expertise which will be lost and expensive to regain should the
Indian Housing Program be eliminated. The board members of the
Colville Housing Authority and its Executive Director collectively
bring to their work more than 42 years of experience in Indian
housing. The loss of this experience would be anything but
cost-beneficial.
Finally, it should not be forgotten that federal Indian hous-
ing funds are joined by tribal contributions. We refer here to
tribal funds and services separate and distinct from BIA services
or federal funds which have passed through the tribes. Much of
the housing constructed by the Colville Housing Authority is on
tribal land. The Colville Confederated Tribes have provided sur-
vey assistance, legal counsel, road construction, office space and
has contributed toward the wages of the Executive Director and his
staff, utilities and transportation costs.
In conclusion, the Administration's proposed elimination of
the Indian Housing Program would be a devastating blow to Indians
PAGENO="0517"
511~
whose tribes have struggled to achieve a satisfactory level of
safe and decent housing on their reservations. Certainly, all
must recognize that the current atmosphere entails a push for
greater fiscal accountability which cannot and should not be re-
sisted. Much can be done to streamline federal agency procedures.
Moreover, budgetary cutbacks appear inevitable, and all who depend
upon federal support must bear this burden. Reasonable cutbacks
in the Indian Housing Program are not objected to, but the tota*l
elimination of the Indian Housing Program is manifestly unjust and
inequitable. The benefits of general public housing will not
reach Indians who live on reservations far from urban centers --
how will the Administration justify leaving them out?
PAGENO="0518"
512
5~ntee Sioux Tribe of Nebp.~tha
Phofle: 8573302 Niob,.~a. Neb~. 68760
1~r. R.D. Drapeaux
Assistant Area Director
Bureau of Indian Affairs
115 4th Avenue S.E..
Aberdeen, South Dakota 57401
Dear Sir:
Comments from the Santee Sioux Tribe of Nebraska on H.R. 5988,
creation of an Indian Housing Office !iithin the Department of
the Interior.
H.R. 5988 does address a very critical need on Indian reservations
and Mr. Udall should be commended for bringing this very
serious issue before the House and Senate.
Overall, the resolution is well drafted and addresses the needs,
but the funding at the requested level will be far short of
the housing demands on reservations, resulting in very little
impact on reservations.
Under Section 101, part C (4) should be removed from the
proposed bill. Most tribes now have well qualified construction
managers and skilled labor. Direct repair and construction
by the Bureau, would hinder economic development on the
reservations. Although short tern, housing construction actually
addresses two needs on the reservation, improved housing and
employment. Tribes with the capabilities of providing their
own construction management and skilled labor should be allowed
to negotiate for construction contracts. Indian contractors
with proven `track' records, who have showed the ability to
utilize local labor and successfully complete construction
obligations should be given priority on all Indian Housing
Projects. This would eliminate many of the Indian contractors
who are in reality, paper corporations fronting for the non!
Indian contractors.
April 13, 1982
PAGENO="0519"
513
Section 104 `That, where such house is located on tribal land,
the tribe shall have the right of first refusal on the sale
of such house."
Clarification should be made to what extent this paragraph means.
Does it mean that houses c~nstructed on tribal land could
eventually be housing non/Indians or non/tribal members? This
part of the bifl, unless further clarified, could lead to future
confusion and resentment.
This closes our comme~its, we hope the bill will be adopted and
that the needed funding will be allocated.
Respectfully,
Richard L. Kitto, Chairman
Santee Sioux Tribe of Nebraska
RLK/krw
cc: Supt. Russell Bradley; Winnebago Agency
file
PAGENO="0520"
514
S~ntee Sioux Tpibe of Nebp,tha
Phone: 857-3302 Niobrara. Nebr. 68760
M~. F~ciiia Vaeheneczux, Specicl M4t~tan~
Comm-Lttee on InWilo'~ and In4u-&VL A~aix4
U.S. Kowf,e o~ Repentc~tL~Je2
Wa4h.Lng~on, V.C. 20515
M'L. Vheneau.x:
EncLo4ed .L.~s a copy o~ The cormnerz.t4 made ~o The Abvtdeen Aitea O~4Lce
cLonee'Lnn~ K.R. 5988, e.&tahUth.Lng an IndLan Kow6Lng O~Lc!e Ln The
VepcvL~mebvt o~ The IkvtexLofL.
We. ai~e aLoo conce~tned aboa~ The commen-t.~ and a,t.t.L.tude o~ Rep~'~e4en~ta.tLve
Jame.~s V. f1an~seyt, Utah. In h.Ls Mane.h 9, 1982 cavLe.~pondence to SeeAeta/Ly
Watt he Lndiezvted Thvt~e exl.t~t.~s "quLt..e a nwobe't" o~ pvt.~on4, who would
Wze to take a ulo4eA £oof~ at The te'unIjwt~on o~ IndLan T.'~lbe4 and The.L'r.
4pec.Lal xe&z.tion4hip wtth The Fede.~tcl Govenmeat. I-fe a140 LndAca.te-s .o
the SeCJLeta/Lff That he doabt'~ wheThvL md-Lan t be.4/NaLLve. Ame'~.Lcan4
.`teaL-&j ex-L~t.
The San-tee S-Lou.x T'tLbe be.&eve~ Replte4en.ta.tLve 1-1 an4en `~ a.t-tttude to be
mo-'te derneanng and darnag.Lng o pltog'te44 on xe~~vwat.Lon4 Than any
admLnJ~ttatLve badge-t cat. We thtce.'te~y hope Th.L'~ L~s no The p~evaLLLng
at.tttude o~ The Cong'te.~. We hope thLs conce-'tn wAll be add.'te44ed and
Indian t.'tLbe~S wAll be a.s4u.'ted That we do not have to ba.~tLe The
"te'tnoLna.tLon t&a.U" once aga.Ln.
R4paC,t1~LLL4(, - /
-~ -~ II'
Rogeit Thade-PI, SwsAne44 Manage.&
San-tee Soux T'tAbe o~ !`tebxa.~faa
RT/~w
CC: SAle
Ap-'t.L-e 19, 1982
Enc-eo-6w'Le: Con~ent6 on I-(.R. 5988
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* 515
~ ~ Association of Western Washington
Indian Housing Authorities
-~ P.O. Box 32. Marysville, Washington 98270
Phone (206) 659-1281
Membe,
itou~ng.
Autbenti,s
TO: Inter-Agency Task Force on Indian lousing
Cascade
Inteel,ibal
Please find enclosed the position paper adopted by the East Cascade
Association of Indian housing Authorities on March 23, 1982 and by
Osebalis the Association of Western Washington indian Housing Authorities on
March 25, 1982. These two Associations represent all IhlAs in Idaho,
Oregon, and Washington. This position paper is shared by the IJIAs
throughout the nation.
thmnd
heodore J. St~'. Ihilaire
AEWIHA Executive Director
Muddeshoa
Nooksack
GscnWe
Qubas,h
Sssntwes
InscT,ibaI
Sscasencth
lshabp
Qwkwe
PAGENO="0522"
516
ASSOCIATION OF WESTERN WAShiNGTON
AND EAST CASCADE
INDIAN HOUSING AUTHORITIES
The Reagan Ada i nstration i s Coils i dering rod i cal changes in the Federal
housing Programs for Indian families and legislation is being drafted that would
consolidate all Indian housing Programs into one comprehensive program to he ad-
ministered by the U.S. Department of Interior. It is appropriate that the
Associations of Western Washington and East Cascade Indian lousing Authorities
state their position in this matter because those changes, if enacted would
seriously affect housing for Indian families on legion X Reservations.
The need for housing for the Pacific Northwest Indian families continues to
grow as young families are formed and off-reservation families seek to return to
their Reservations. It is obvious that if 37% of the Indian people in the Region
arc under 16 years of age, that many new failies are forming, and that cessation
of or interruption in housing production on Reservations will complicate the crisis
that already exists in housing for the Pacific Northwest Indian families. The nerd
for housing units will increase dramatically if housing production stops or slows
down.
Because the private sector decline to build houses on lndian land the only
hope Indians have for housing i s from the Federal Government. Tile trust respon-
sibility of tile Federal Government for Indian families. Since 1962, that has
been done through the hUh) Indian lousing Program, a step-ehi 1(1 of tile Pitbl i e
lou sing Program. Sony di iii CIII ties love been (xperi eneed i n ilousi ng product i (ri
and sanagemen t in that program; yet i t has been produc i ng oh. an aecep t.~tb I e rate
and has provided affordable and decent hous i ng . C ri I. i ci sm I eyed at the pio~~tais
has never been intended to terminate it.
PAGENO="0523"
517
A number of options for changes in the production program arc bei rig considered
Most widely discussed arc flock Grants, lent Vouchers, a Revolving Fund, and
Guaranteed loans. Tire Ill ock Grant Program would ci iminate the long term financing
of note sales, require much larger annual appropriations, and probably be awarded
to tribes rather than IliAs. Rent Vouchers would provide low-income families
with subsidized rent, enable them to seek housing in existing and private housing
and would reduce the federal need to construct public housing. A Revolving Fund
would establish a source for loan authorizations that would be replenished by
payments from home-owners. Guaranteed Loans would enable private financial in-
stitutions to make loans on trust land without needing to hold the land in
security. The Federal Government would make good any defaulted mortgages.
Each of those options, however, contain inherent threats to a long term con-
tinuation of Indian housing production. Block Grants will require a much larger
annual appropriation, which will be difficult to obtain in a time which tire
Federal Government is seeking to reduce the federal deficit. The result would
be a castastrophic reduction in numbers of units. Also, Block Grants would most
likely be awarded to Tribal Councils, which would have to build up an admini-
stration for housing. The expertise and administrrrtive capabilities that 111Am
have painstakingly developed over tire years would be lost, costly mistakes would
occur and valuable time would he lost during tire transition period. Furthermore,
if administered by the Department of Interior, an expertise and administrative
capability would have to be developed there. Perhaps liii) housing development
personnel could be transferred, but tirrre would still be lost as tire new program
is learned and refined.
lent Vouchers will provide a very limited benefit on Western Washington
Be serva tions. There arc rio vacant uni Is avail able thur I wool ii enable I ow-income
firm iii em a I ready inn hun-f i nranced projec Is , and si rice thrry a I ready rcce i ye wri fart
PAGENO="0524"
518
assistance ~or rent, the extent of their benefit would be very limited. Rent
Vouchers will not produce any new construction on Western Washington Reservations
and new construction is the only answer to needs in Western Washington.
The Revolving Fund would presumably enable moderate and higher income Indian
families to enter into a mortgage situation, with the Revolving Fund replacing
private banks and Savings and Loans as a provider of mortgage loans. The continued
success of this program will depend upon the ability of families to repay their
mortgages to the Fund. But the limited economic opportunities on Reservations
make this a great risk for participants. If a family defaults, then what? Does
the Tribe foreclose? Or does the Fund diminish, which robs another family of its
hope for housing? Will this program go the way of the BIA Credit program, which
ran out of money as Tribes found themselves unable to repay their loans?
Guaranteed Loans have been available through Fm 1l.A. for a number of years
and have not produced housing in any meaningful quantity. This is due to a nursbrr
of reasons. First, few families have land in clear title. Second, few can afford
the payments. Third, there has been very little technical assistance available
to families to help them through the paperwork. And fourth, the trust status of
the land has to be waived by the homebuyer so that if the hemebuyer defaults, the
government can recapture its money by selling the house to another family, not
necessarily Indian. Guaranteed Loans have little benefit to offer Reservation
fami 1 i es
Three important questions affect each of these options:
I.) Which federal agency will administer the program?
2.) Will the Tribal Council or HOusing Authority receive the grant loan
and develop the project?
I . ) low will m:ln;1l~cment of the oretiped project:; be ads in i :; t reed?
PAGENO="0525"
519
Questions I and 2 have a) ready been addressed; question 3 needs comment.
It is important that there not be a variety of lousing Management Programs
on each Ileservation. A variety confuses tribal members and occasions of jealousy
among the residents of different projects. This undermines the sense of Community
that Reservations seek to foster. Even now, with the huB program requiring a
nearly total management program and rent payments and the lIlA lousing Improvement
Program providing free housing and renovation to other families, misunderstandings,
confusion, and jealousy is present. The introduction of a new management program
or a new housing program without any management program, will only serve to in-
tensify the confusion and jealousy already existent. If a new production program
is introduced, it should bring with it a management program as similar as possible
to the IRJD management program.
Again, with regard to the management program, who will administer it, the
Tribe or lIlA? it will serve only to add to confusion to have more than one
management entity on a Reservation. There should be only one such entity.
In the case of Block Grants, Revolving Funds, or Guaranteed Loans, further
questions arise. Will mutual help program be available? Will Ills and IIJA continue
to provide water, sewer, roads, and technical assistance? Will there be any
incentive to invest development funds? What role will professional consultants,
especially A/li fi riss, have? Will resident. counseling programs be included? Wi 11
minimum property standards, prototype costs limits, TllC limits, competi tive
sealed bidding, Indian preference in contracting, l)avis-ltacon wage rates be re-
qui red? Will carport, garages, b~mlconies, carpets, basements, and other quality
features be al homed? What sort of freedom will be included and what restrictions
wi]l be imposed.
PAGENO="0526"
520
In light, of the foregoing consideration, AIiWIIIA and ECAIJIA oppose he proposed
radical changes in the production program of Indian lousing. AWWIIIA and F:cAlil:
believe that proposed changes will result in a serious interruption in production
that will severely worsen the existing crisis and lead within a short time to a
total termination of housing production for Region X Reservations. It is doubt-
ful that the Block Grant program will be funded adequately to meet existing needs.
The asSumJ)tion of administration of the housing program by the Department of
Interior and Tribal Councils will result in an interrutpicn of production and in
problems that will lead to an end of production. The Revolving Fund approach will
result in a depleted fund and the end of production. The Guaranteed Loan approach
will have no more uses than it currently has. Rental Vouchers, as already pointed
out, will not meet Reservation circumstances.
The best option, until now not discussed, is to retain the existing him-
finance, lilA adminsitered program, modify it, and remove the excessive restricl.iom;,
and complications. The program is working, the federal delivery system is in place,
the Ill/is are functioning professionally, and given a chance this program will
provide the needed housing on Indian Reservations. AWWIIIA and ECAIIIA strongly
opposes the replacement of an effective program with new programs of doubtful
effectiveness and advocates the continuation and streamlining of l:hc existing
illiD Indian housing Program at a funding level of 4,000 to 6,000 units per year.
PAGENO="0527"
521
IIUSOJ ut cii Nc. 12
Resolution objecting to the imposed cueupaacv regtz 1 at ons 21 C Lb
805 and 8e0.
oHEREAS : the Associ ation of Weste ~n W~shj nt~ton hid in lousing
Authorities strongly objects to the i esuntat ion of the now
Occupancy regulat.i coo itupl cinented ii 24 CPU Oh md 861);
WHEREAS those regulati one in 24 CLI) 805 and 860 will infi ice
mirneceasa rv ha rdshi p on i ndi arms des mir n~ to 1 i ye in rus I arid
beservatmon lands; and
WHEREAS: md an fermi lies ate forced to occupy OnUS ing al `rudy
being utilized by an existing `famrrLly or ti mice in substandard
private housing oIl or off tire teservation; and
WHEREAS: the new occupancy regulations published in 24 CPU
805 and 860 will dcny many very low-income Indians access to t;hc
Public housing Program and penalize those individuals who are
trying to improve their family conditions:
NOW THEItEFOLIE BE IT RESOLVED by the Associat ion of Western
Washington Indian Housing Authorities, in session this 17th
day of September, 1982, with a quorum present, that HOD speci-
fically exempt the Indian Housing Program from the provisions
of 24 CFR 805 and 860.
olin Parker, Chairman
ATTESTED -
Celeste Alaniz, Secretary
18-934 O-83---34
PAGENO="0528"
522
ROSS SWIMMER GENE THOMPSON
Principal Chief Executive Director
HOUSING AUTHORiTY
JODA NELSON OFTFEC1-IROKEENATIONOFOK1'AHO~ NATHAN H. YOUNG, III
Chairmen P. 0. Box 1007 .TA59LEQUAH. OKLAHOMA 74454 Deputy Director/Legal Counsel
April 16, 1982
The Honorable Morris Udall
Committee on Interior and Insular Affairs
U.S. House of Representatives
Washington, D.C. 20515
Attention: Frank Ducheneaux
Dear Mr. Udall,
The Cherokee Nation of Oklahoma wishes to express our
gratitude to you for giving us the opportunity to testify on
H.R. 5988, The Indian Housing Act of 1982. After consulting
with our Principal Chief, Ross Swimmer, we would suggest the
following amendments to H.R. 5988:
Title IV: Miscellaneous Provisions
Section 403: The Force Account method of construction
shall be an allowable manner of development under this Act,
subject to the approval of the Secretary.
Section 404: Nothing in this Act shall be construed to
prohibit a Tribal Housing Agency from participating in a
housing program with other agencies or departments of either
the United States or a state government.
Section 405: All provisions of this Act shall be subject
to the Indian Self-Determination and Education Assistance
Act (Pub. L. 93-638).
We hope that you will find these suggested amendments
helpful. If your staff should have any questions, please
have them contact me at their convenience.
Yours Truly,
~~ung, III
PAGENO="0529"
523
UNITED INDIAN TRIBES OF
WESTERN OKLAHOMA AND KANSAS apoooncsnus
Klckapoo of Oklahoma
ca~o 4010 NORTH LINCOLN SUITE 200 Kiowa
Chsysnna.Ampaho OKLAHOMA CITY, OKLAHOMA 73105 Olo-Mhoowla
Potawatomi Phone (405) 424-1483 or (405) 424-1484
Dslawais Prairla Band Potawatomi
Sac a Fox of MlaIOUd
Iowa of Kansas Sac & FOX Of Oklahoma
Iowa sf0 to,oma . Tonkawa
April 9, 1982 wIchita
Frank Duchenaux
Committee on Interior - Insular Affairs
U.S. House of Representatives
House Annex 1 - Room 422
Washington, D.C. 20515
Dear Mr. Duchenaux:
I have recently been given a copy of a bill cited as the "Indian
Housing Act of 1982' sponsored by Udall, Kilder and Williams, whióh
contain provisions to continue the Indian Housing Program throughout
Indian Country.
I firmly support the bill and agree fully on the provisions for
specific Tribal agreements contained within.
Therefore, I respectfully request your full support on this for
reaching legislation which again, confirms the United States intent
to live up to committments to our Indian Nations.
If I can be of any assistance, you need only to advise.
Sincerely,
/ A' _`~~`
Newton Lamar, President
NL:rf
PAGENO="0530"
USSERY & PARRISH, P. A.
ATTORNEYB AT LAW
200 RIO GRANGE VALLEY BANK BUILDING -
ALBUQUERQUE, NEW MEXICO B7103 TIo'aB~t 247-0145
AREA CBrB 505
April 28, 1982
The Honorable Morris K. Udall
Chairman, House Committee on Interior
and Insular Affairs
U. S. House of Representatives
Washington, D.C. 20515
Attn: Mr. Franklin Ducheneaux
Re: House Bill 5988
Proposed Indian Housing Act of 1982
Dear Congressman Udall:
Enclosed please find a statement by ALL INDIAN PUEBLO HOUSING
AUTHORITY in connection with H. B. 5988. You had indicated at the hearings in Tucson
last week that we would have until May 5, 1982, to submit statements. Thank you for the
opportunity to attend the hearings and submit this statement.
Yours very truly,
L. Lamar Parrish
524
ALBERT T. USSERY
L.L.AMAR PARRISH
CHRISTOPHER L.TRANMELL
CATHERINE BAKER STETSON
LLP:sg
Enclosure
PAGENO="0531"
525
STATEMENT
The ALL INDIAN PUEBLO HOUSING AUTHORITY would like to make a
statement regarding the proposed Indian Housing Act of1982, H.B. 5988. We have been
informed by the Chairman of the Interior Committee of the United States House of
Representatives, the Honorable Morris Udall, that H.B. 5988 was not designed to take the
place of HUD programs which presently furnish housing for needy Indian people, but that,
instead, it was to provide an opportunity for the Department of Interior to undertake an -
Indian housing program in a serious way and was designed to meet a wider spectrum of
housing needs in Indian country. This is a noteworthy attempt by the Chairman of the
Committee, the members of the Committee, and the Staff toward trying to meet housing
needs on Indian reservations. The Bill, however, does contain some unclear portions and
some parts which, in our opinion, need to be dealt with.
The ALL INDIAN PUEBLO HOUSING AUTHORITY is located in central New
Mexico, in the heart of traditional Indian country. It is composed of eleven Pueblos --
Acoma, Cochiti, Isleta, 3emez, San Felipe, Sandia, Santa Ana, Santo Domingo, Zia, Santa
Clara, and San 3uan. We have had successful housing programs over the last fifteen
years, having constructed 1333 new housing units and rehabilitated or modernized 59
units. We have done much to meet the great housing needs of the Indian people in
central New Mexico through participation in HUD programs of various types. We have
been an outspoken critic of existing and pn-going programs and have been most critical
of the HUD program, its administration, its delivery system, its lack of awareness of
Indian problems. Over the years we have voiced our complaints and suggestions and it
should be noted parenthetically that these programs have shown some improvement over
the years. Suffice it to say that the ALL INDIAN PUEBLO HOUSING AUTHORITY feels
qualified to speak on the new proposed program, H.B. 5988.
Title I, mostly a restatement of the familiar HIP-Program, contains such
inadequate funding that very few new houses actually could be built under such program.
Moreover, the provision that repayment for these funds could be required by either the
tribe or the Secretary seems inappropriate and should be omitted.
Title III, the loan guaranty portion of the Bill, may well meet the needs of
affluent Indian families living on Indian reservations. By applying, for the purposes of
obtaining and repaying the private loan, normal urban commercial standards, the monthly
payments which a homeowner would be required to make would be so high as to be out of
reach of virtually all Indian people living on reservations, even those with relatively well-
paying jobs. Because of the unique and frequently severe circumstances which exist even
~4E~5~ - Bf~tTOD g atbLqJor-qua . r~a'~/ m~axi~o aniu
PAGENO="0532"
526
for ~the more affluent Indian persons 1iving~ on the reservations, due primarily ~to
reservation life itself, there should be some provision to subsidize at least part of the
cost of Indian housing on reservations. However, there is definitely a need for a loan
guaranty program for privately financed housing on Indian reservations, which program
would recognize the difficulties brought about by the unique legal status of Indian land,
and this Title addresses this need.
Before specifically addressing Title II, which apparently would be applicable to
the bulk of reservation Indian people, it should be noted that continued legislative action
is required to meet the profound need for decent housing for Indian people, including a
continuing involvement in the National Housing Program and special housing programs
such as H.B. 5988 proposes. The Housing Act of 1937 applied to all Americans from the
outset except for American Indians. The first HUE) houses were constructed on our
reservations in the mid-1960's, some 25 years after public housing was made available to
all other Americans. The desperate need for housing for American Indians is
unquestioned. Twelve percent (12%) of the general population of Americans have
inadequate housing; 60% of American Indians have inadequate housing (this Bill in a
recital states 40%, although the U. S. Senate in 1981 found that the need was in excess of
69%) American Indians should not receive less than their proportionate share of housing
from any national housing effort. HUE) housing for Indian people has been successful in
that it has delivered many houses to needy people on reservations. It has been
unsuccessful in that the delivery system is slow, burdened with red tape, overregulated,
and results in a needlessly expensive structure. Unfortunately, this has resulted in harsh
criticism of Indian programs and the critics in Congress have ammunition to attack the
entire concept of Indian housing. Indian people should continue to participate in a
national housing program, although the system does need change. We have made
suggestions in the past as to how to change the Indian HUE) program in dramatic ways
and to make it more responsive, faster, and cheaper. Perhaps these changes should be
entertained in connection with this proposed bill.
In the opinion of the Board of Commissioners of ALL INDIAN PUEBLO
HOUSING AUTHORITY, parts of Title II of H.B. 5988 warrant attention:
Few tribes would sacrifice their sovereignty and subject the trust funds
held by the Government to unilateral seizure. That the~Government holds
tribal funds in trust in the first place is not of the tribe's choosing, but is an
archaic law of the same government which now proposes to seize those funds.
The inadequate trust funds which now exist for most tribes illustrate the
poverty of most tribes.
Title II stands as evidence that we have not taken advantage of lessons
learned from the years of involvement with HUE) programs. Its language is
inadequate to deter the growth of overregulation, red tape, and the layers of
bureaucracy. The Bill provides that the Tribe or housing agency must
undertake construction within a year of the approval of a project or incur the
displeasure of the Secretary. Since when have delays been the fault of the
PAGENO="0533"
.527
tribe or housing authorities? The maddening slowness of the delivery of housing
units has perennially and historically been the fault of the Government, its
endless reviews, its multiple layers of bureaucracy, its painstaking devotion to
minutiae. The burden for speedy delivery should be placed on the Government
in the same nature that 638 contracts place the burden on the Government for
speedy approval. For example, if a project is submitted to the Government for
approval and nothing is heard from the Government but a deafening silence for,
say, thirty days (a frequent occurrence), then the project will be deemed -to
have been approved and the housing authority or tribe may proceed
accordingly. In short, the delays in delivery have always been the Government's
fault, and this Bill has the burden wrongly placed.
There should not be involvement by any other Government agencies,
except on an information basis.
The computation of monthly payments for participants results in
excessively high payments. More deductions, such as those presently allowed in
the HUD program, should be provided.
The total dollars specified for funding is much too low. The
administration by the BIA, including employee expenses, is to be paid first out
of the fund before it is made available for housing. Given this, relatively few
houses would be made available for the entire United States for Indian people.
This would not meet the housing needs in New Mexico, much less the rest of the
country. We are uncertain that, if separate from the national housing program
and financed by an entirely different device, Indian housing would receive
proper attention fron Congress and the Administration.
We would like to emphasize our understanding that the Indian Housing Act of
1982 is designed to provide additional assistance to the Indian people in meeting their
desperate housing needs and is not designed to take the place of existing HUD-type
programs. It is believed that HUD programs should be strengthened and provided
additional funding.
The ALL INDIAN PUEBLO HOUSING AUTHORITY believes the members of
this Committee have taken a step forward toward recognizing the Government's
obligation toward the Indian people.
ALL INDIAN PUEBLO HOUSING
AUTHORITY
By__________
PAGENO="0534"
528
RED LAKE RESERVATION HOUSING AUTHORITY
Red Lake, Minnesota 56671
George Jones, Chairman George Gaasvig,
Richard Barrett, Secretary Executive Director
Joe May, Vice Chairman
Wallace Kingbird, Commissioner
Dan Raincloud Jr., Commissioner
TO: Terry Brown
FROM: George Gaasvig
Executive Director
Red Lake Reservation Housing Authority
The Red Lake Reservation Housing Authority, is a Corporate entity
established by the authority of the Tribal Council of the Red Lake
Band of Chippewa Indians, by Reservation Housing Ordinance No.2-63.
At the present time this Housing Authority administers 315 HUD
Project homes. We have an immediate need for 150 units, immediately,
substantiated by our backlog of applications. There is an additional
need for 200-400 units due to the substandard condition of many
occupied dwellings, lack of sanitary facilities in many homes, over
crowding, and to house those families that have totally given up on
seeking safe, decent & sanitary living conditions due to their con-
tinued request and lack of response.
Should future HUD developments be terminated, we fully support Bill
H.R. 5988 "The Indian Housing Act of 1982' with the following concerns
and/or alternatives:
1. The bill doesn't allow for a periodic review or updating.
We feel this has been a problem with existing programs to the
extent that they become outdated if they don't have such a
measure built in.
2. We strongly discourage the attachment of tribal trust funds
in lieu of non payment of financial obligations of a contract.
In attending hearings and discussions on the bill, it is our
opinion that very little research was done into the reasons for
the excessive delinquencies of Indian Housing Authorities.
For example:
Policies under the existing HUD program, for determination of
Adjusted Family Income, have not been updated since the mid-
60's. The orginial program was designed to give an allowance
for the family to live on prior to figuring the rent. This
amounted to (and still is) 5% of annual income p1us $300 per
minor dependent. With todays economic conditions, this doesn't
amount to nearly enough to exist on and hasn't for quite some
time, with the result being that we are asking for 25% of in-
come for rent before deducting enough to allow participants to
live on. The end result of this lack of review and updating
is the high delinquencies.
PAGENO="0535"
529
3. We applaud the bills attempt at cutting as much red tape
and paperwork as possible, but believe there is one area that
is left untouched that could reduce the administratjon.tre-
mendously while achieving the same~ result. This is in the
area of annual income examination to determine the required
rent, as required by the Brooke Ammendment. We feel that
due to the economic conditions, unemployment rates, and gen-
eral life styles on the reservation, the Brooke Ammendment
is extremely difficult to administer. In our situation, it
is the single most difficlut aspect of the program to admin-
ister, and the magnitude of the problem is not reduced under
the bill.
To address the problem of delinquencies and the annual income re-exam-
ination we offer the following alternatives:
First, replace the annual re-examination of income for determining
rents with a flat fee rent based on the size of the unit. The
`ability to pay' aspect as addressed by the Brooke Amendment is
already addressed through the social services program where an
amount for rent is allocated to the recipient. This would eli-
minate the re-examination problem, allow each participant to know
exactly what his rent is and is going to be, keep the sizes of
units in perspective, and make administration and collections
much more straight forward.
Secondly, after implementing the flat fee approach, drawing up a
contract with the tribal authority to guarantee the payments to
the funds as directed in the bill, but without the attachment of
trust funds. With the flat fee system, the tribes would be better
able to administer collection programs and to budget for any
delinquencies that may develop.
In conclusion, this bill if enacted, would for the first time, address
the Indian Housing problem directly, rather than as. a spin off of an
existing program. We feel that this is long overdue and again we
congratulate the Interior Committee for developing this proposal.
cc: Franklin D. Ducheneaux
Counsel on Indian Affairs
PAGENO="0536"
530
Ohemel.u.evi Indian. `I'ribe
May 25, 1982
Honorable Morris K. Udall, Chairman
Committee on Interior & Insular Affairs
HOB Washington, D.C. 20515
Dear Sir,
Our Tribe would like to offer its comments on the proposed
bill for "Indian Housing Act of 1982.'
Our Tribe received its first allocation of homes which were
completed in late 1980. N~ we are faced with the possibility
of no other housing from H.U.D. The 35 homes we n~z have do
not meet the current needs of our people. Our tribal enroll-
ment is small (approximately 450 members) and 35 families are
enjoying living on the reservation in adequate housing. Many
more would like to come hcme, but there are no living facilities
available unless tribal members can afford to provide their own--
very few can.
We believe that the Bureau of Indian Affairs understands all the
canplexities involved with reservations, trust lands, etc. It
seems that many regulations of H.U.D. conflict with reservation
living and are not understood by the tribal people. We are of
the opiniou that the B.I.A. will administer a housing prcgram in
the best interests of tribes, ours in particular.
Our. tribe does concur with the statement presented by Dr. Ned
Anderson if Inter-Tribal Council of Arizona, a copy of which is
attached. We believe that this analysis of concerns is stated
very well.
Very truly yours,
CHEMEHUEVI INDIAN TRIBE
Conkie Hoover, Secty/Treasurer
Housing Commissioner
ch:
cc: B.I.A., Parker, Arizona
All Mission Indian Housing Authority
FROM THE OFFICE OF~
Secretary/Treas.
Administrative Offices - P.O. Box 1976. Ohemehuevi Valley. california 92363 sf714) 858-4531
PAGENO="0537"
531
Conmients on
"Indian Housing Act of 1982"
The Indian Housing Act of 1982 is an attempt to address serious problems
of federal Indian housing policy. The proposed bill would:
- Establish formal statutory authority for Bureau of Indian Affairs
programs in Indian housing;
- Formalize the BIA's Housing Improvement Program;
- Create in the B]A an Indian Housing Finance Fund;
- Establish an Indian Housing Loan Guarantee Fund.
Positive Features of the Bill
The proposed bill has several positive features. These include:
- A clear and strong role for Indian tribal governments in overseeing
Indian housing efforts on Indian lands;
- Housing standards that can be appropriately applied to the cultural
traditions as well as the economic needs of the tribes;
- Housing programs that can be utilized by both very low-income families
and middle and higher income families.
Concerns with the Bill
There are several serious concerns with the bill in its current draft
that need to be addressed. The major concern is the potential endangerment
to tribal trust funds and ultimately, the potential for endangering the trust
status of Indian lands. These concerns, and suggestions for resolving them
are discussed below.
1. Trust Funds
Section 205 of the bill provides that:
Notwithstanding any other provision of law, the
Secretary is hereby empowered, as provided in this
section, to attach any obligated or unobligated
funds held by the United States in trust for the
benefit of any Indian or Indian tribe.
This provision has the potential to cause serious problems for Indian
tribal governments. Under this provision, Indian tribes would risk losing
their trust funds if housing payments are not made by individual Indians and
the housing Agency is unable to make quarterly payments into the Indian
Housing Finance Fund.
This Section would subject tribal governments to consequences that are
not applied to any other public housing authority in the United States. When
non-Indian individuals do not make their payments to public housing authorities,
and those authorities do not make their payments, the federal governments does
not confiscate the financial assets of corresponding city, county or other
local governments.
PAGENO="0538"
532
The potential threat of attaching obligated trust funds remeves the
security for tribal governments to enter into contracts for programs financed
with trust funds, including economic development efforts. If obligated trust
funds are attached, then the tribe would be unable to meet its obligations to
contractors. If there is the threat of attaching obligated trust funds, con-
tractors would be reluctant to enter into agreements with tribal governments.
If individuals fail to make their housing payments, thus making it hard
for tribal housing programs to make their quarterly payments, then the trust
fudns of the tribe can be attached. Therefore, the individual defaults, but
the entire tribe must pay for his or her failure.
Only tribes that have trust funds are subject to this provision. There
are no enforcement provisions for those tribes that have no trust fund assets.
Thus this provision unfairly discriminates against tribes with trust funds.
The concept of attaching tribal trust funds fails to recognize that
different tribes have different economic situations. There are alternative
methods for providing financial security which should be considered. These
include:
- Establishment of a `Default Fund" made up of a percentage of
collections from all tribal programs;
- Individual surcharges within tribes to cover the Costa of those
who fail to make payments;
- Require mortgage insurance
- Denial of further housing assistance to tribes that default.
These and other possible alternatives would provide the financial security
sought by the federal government without risking the loss of tribal trust
funds.
Reasonable approaches to addressing the question of tribal housing
financial management need to be explored. This bill has the potential for
including provisions for improving tribal housing management.
This bill allows for a role for tribal governments in overseeing tribal
housing efforts. The relationship between tribal governments and the housing
programs needs to be strengthened. There is a need for coordination between
housing and other tribal efforts including human services and economic develop-
ment. There is also a need for stronger coordination between Indian housing
programs and the judicial and legislative structures of Indian tribes.
This bill allows for one percent of the total funds appropriated under
Title I and Title II to be used for training and technical assistance. This
resource should be used to provide housing management technical assistance to
tribal governments. This technical assistance should be designed around the
needs of the tribal governments.
Section 203(c) requires that the tribe include in its application for
assistance under Title II a tribal ordinance designating or establishing a
Tribal Housing Agency. This ordinance, in practice, should be a comprehensive
tribal housing ordinance. The tribal housing ordinance should include a -
PAGENO="0539"
533
statement of tribal housing policy, tribal housing standards, eligibility for
participation in tribal housing programs, penalties for failure to meet obli-
gations, foreclosure procedures, and tribal enforcement procedures.
2. Trust Lands
Another concern with the bill is the provision focs~ale of trust
by the Secretary in Section 103. This Section provides tha~EheSecretary
may sell a house constructed or acquired with Housing Improvement Program
funds, along with the land upon which it sits, if:
1) HIP funds, minus 10% per year, are reimbursed to the federal
government, and
2) The tribe has been given the opportunity to buy the house.
This presents a danger for~tribal trust lands. Say thirty houses are
built with HIP funds, and for some reason, the Secretary decides to sell those
houses. The tribe cannot purchase the thirty houses, so they are sold to
someone else, along with the land. The tribe ends up losing part of its
lands.
This problem could be ~resolved if the word"land" in the second instance
in Section 103 is changed to the word "house". Another solution would be to
strike the words "sale or".
Other Concerns - - -- -
There are other technical questions on the bill that need to be addressed
in detail. The two concerns discussed above - Trust Funds and Trust Lands -
seem to be the most serious problems with the bill in its current draft.
These preliminary comments have arisen in discussion with elected tribal
of~ioials and Indian-hoes-ing- personnel-.-
Inter Tribal Council of Arizona reserves formal statement on the bill
until the membership has had an opportunity to further study the bill.
PAGENO="0540"
534
11011 TI1I~AI 110IJSI~0 AIJ[11OIITV
tlouAe 8~LU 59S&
Cong~e64rna~n I4~1vL~4 UdaU, M2zona
How~ a Appwp'~LwtLon CoiwrA~ttee
on InW1~Lo'L and In6uta/L A~aL/z4
Cong/r~e46man UdaJ2:
It ~L~s ve'ty exc~LtLng and enaowLap,Lng ~o £Lnd out ~that you, and youx aonm~ttee Lo aga~~n
£ootaLng out ~ the bene~t o~ the Ame'thuzn Ind.Lan. Youit p~topo~sed Hou~e SW, "Ind~an
t1ou.~2ng Act o~ 19S2", ~ an £ncUcwtLon o~ thi~ conce.nn and e~o'zt.
Lt ~Lo ueJ~y cL~4appO~LtvtLng to go ~Ln.to thL~ new adithiA~at~on'~ e~'ta on the p'LeJmi6e ofi
bc2anthig the budget, but at the e.xpen4e and demiM o~ the Amei~can lncL~an.. The £e4e/LaL
goveiuvnent ~4 agcvut on the path o~ dA~ega.'Ld.Lng and canceL&ng many ~Lat~on~sIvLp4 e~tab-
Uohed by TJLeatLe4, etc., wLth the Ame~Lc,an Indcan6.
One o~ the~ie ob4cmd ac~tLon4 L6 the po4A~tLon o~ the AdmJni,~etAc~Uon and 0MB on not
£unding the HUt) Ind~Lan Howthtg P'wg'Lam. The2i~ `~ea4onJ~ng £4 the hegh ao4t o~ InctLan
Hou~Lng Piwg'tam, but ~&i4tead o~ 4eLvtchLng Out wh4J, and nv~'thing on thL~s p'wbtem, theJJL
4L3np12 po4~tLon £4 to eVm.Lnate the p'wg'Lam.
The "lnd~La.n Hou~Lng Act o~ 19~2" at tea4t £4 an atten~t to addn~4 the need to con-
tLnue the wtgentF~y needed hows~ng pwgxam.
We of~t& the ~o!1owJng wninent6 on the &U and hope~uJ1y £.t wW J,mpac~t the ~LnaL
/~e4uLt.
SectLon 3. (9) (`L) Standa'zd hou&Lng - Lt £4 ve~ty nc,owtag~ng that each i~eg~on, t'~be,
e6tab&6he4 theA~A own 4tanda/Ld4 ~o't hou~Lng £netead o~ £mpo4A.ng £o'~e.~gn LLu.Lng
4tanda/Ld on the AmemLcan IndiLan.
P.O. BOX 698 SECOND MESA ARIZONA 86043 (602) 131-2556
PAGENO="0541"
J535
Howse &L~. 5988
Congkn~nvit ?~krnit~L~ Uda~U
Page 2
TWLe I: lndian Hows~Lng lmp'wveineivt P'wg~'tam
SectLon 101. (c) (3) Cont~act w~Lth p~Lva~te con4tjuic,tLon ~LJLm6 pW~4uoJvt to 4~tandW~d
~ede/La!~ con-t'iactLng p-tocedwLe6, on.
Sec~tLon 101. (c) (4) have -LepaL'~s on. new con~tkuctLon pv~on.ined dL&ectty by the BwLeaEL
o~ IndLan A~aijt4.
The~s e p'wvA~sLon4 need -to be 4Loicken ai~ they aLe not con tant wLth -the -Ln-ten-t o~
cont'uzetLng and won.feLng wLth the abLIAshed Tn.Lba2 HouiLng Agency.
Sec,tLon 101. (d) Th.t3 4eatLon 4houd be deLeted becau6e -the aLLen-teL Ln -the panLcuLo.n.
tLtte wLLL be on exLaemeLij Low -Lncome and -to begLn wLth, they aLneady canneL a~ond
hou4iJLg. To pLace them -Ln a home, compeL -them Lo pay tnLLt n.e~ntt -La the name 4Lta-
tLon, wheAe the ~anLLty will end up La -the 4t'LeeL on. LLv-Lng lit a ve-ty deLapLda~ted
homen.
Ano-tken. po-Let, in owL a/Lea, mont o~ -the ~amL2y homen needLng n.epainn a'Le ousted by
-the gamily, and natwutLty they tvLe no-t paying any n.en-tat paymen-tn. I~ nepa-IM a'Le
-to be done on thLn home and a cha-ege ~oLLowo, Lt utLIL )Lenatt -La that ~amUy no-t
allowing any impn.ovemen-tn on -that home becaune -they know -they canno-t a~ond the
paymentn. Ran aLt, no imp'wvemetet on hounLng condLtLonn.
SecLLon 104. A hou~se conntxuated, acquaed, on. n.epaiited pwtnuarvt ~to SectLon 102. (a) (2)
on. (3) o~ hLn -tLtL.e may be noLd;
Then Language han -LnrpLiccctLonn -that neaL pn.openty, even Land can be noLd, on -Il
-linpL-Lca-ten appn.oval -to neLL. In owL nLtuatLon, -the Language an nuch,"
`~nay be Laann ~eiin.ed to ano-the'L Indian ~amiLy acceptab& -to the cLan, village, and
-the TnJbaL CounciL " Than iwud -then eUm-Lna-te the necenn-Lty to n.eLmbuxn e
-the Un~Lted Staten; the bene6Lto wLLL be ttann Lenned.
PAGENO="0542"
536
How~e. ELU 5988
Cong'Le~4man MO/ot~ Udali
Page 3
S~etLon 705. Th.~ app'wp'thtt~on~, Ln&te.ad o~ `~eacLLng ". no~t to exceed $30,000,000
~ôt £LtcJt ~ yecut. ", Lt 4h0w&L head `. no~ £e~s than $30,000,000,
~n each ~cLtL yewt ThLc woald en~wte adequa~te ~wwUng each ~L~ca~
yeah. The nat ~o exceed Language does nat J~n4u~e adequate ~wuLLng.
TLtL.e: IndLan Hou~.Lng ELnance Fund
.Sec~tLon 203. (a) TxLba2 Hou&Lng Agenecj - Th~s 4e~t~ up Lhe xeqaLxemen~t ~ox Lhe TxLboi
Counc(1 Lo eeLabV~oh Lhe Hou6Lag AgencLe~ to ad LeLex Lhe hOu4Lag p)wgxaim5.
What iz.Lnd o~ Language ndLt be -~ th~s doauaen-t, wW~ La pLace the TxLbal Cowic~LLt
~n Lhe 4econdaxy po4L&on 04 Lax a~s en~oxc,Lng the co~Ctec~tLon Lo/tL~? I~ ~hL~s
agency ~ Lo be ei,LabW had t~mJ.LLax ~to the pxeeent Howf-Lng Autho/~LtLe4 undea Lhe
Hou&Lng Act oL 1937 a.~ amended, thv~ uL~L~t be ij'Jo ~epe'La~te hou.&Lng agenale4 on ~the
xe4elwatLon. ShouLd theae be a pxouL&Lon ~o ~m~e,t the xe4ponbA1LtLe4,cont'~ac-
LuaL obL~Lga-tLon4 oL Lhe p'~e4 cut HUt), Hou~-Lng AuthoaLty contxac~ts, ACC, -LL thL~
occwtx~~? OL cowt4e, -LL the pxe6ent Hou~Lng AtLthoal~ty become4 the de~Lgnated Kou~Lng
Agency, po44-LbLy the'~e wLLt be no pxobLem6 -Lu thJ~ axea, but thL~ dapend6 on each
-t'r-Lbe.
SectLon 205. ThL4 ~ ec~tLon ~ J.jicon4-L4ten-t and the mo4-t con~ttove/t4aL ~Ln th~s ent~L'Le bAil.
Thexe mu~t one xequLxement; eLthex the altachmen-t oL txuot £und4 axe to be xequed
ox not be xeqwuted. MafaLng except~ons to thL~ p'tovA.~Lon -~s txea~tLng the IndLan
TizIbe unLctLxLy, unequalLy, and cannat be tOLe'uLted.
Becawse not aLt TxLbe4 hcwe txaot £uncLs, aLthex Jiid.Lv-Ldua-Uy ox thxo ugh TizIbal
Councils, that ~Ln oxdex to Laeat a-U talbe4 equalLy, to maLe thLo pxogxam aua-LLabLa
to aLL talbe4, thL~s pxov-L~Lon oL attachLng the Txu~st Fund -&s unacceptabLe.
SeatiLon 205. (d) ThLs pxov-i_-s-Lon to negotLate a xepayment oppoxtunLty 4 houtd be xetaLned
PAGENO="0543"
537
Kou~e BILe 5988
Cangne~s4ma~i Monj~..j.~ Udail
Page 4
p'~La/L La Lhe ev-IcLIan p'wce~s.
The beoL, and ma4L 4lngenL p'tov~Lelan La en~a-tce. caUecLlcin wouLd be La maIze p1w-
v-lean heite thaL ~ a ThLbe, Hou&Lng Agency, becorne~ deLInquent at a ce~'z-taLn pe/L-
centage o~ theJJL monthLy chvtge~, tha-t the T-~lbe becomeA ~cineUg-LbLe. i~O'~ cznothe,'L
p feel, ~egwLdLe,s4 -16 tluzt t'~Lbe ha4 Ct deveLopment p1w feet unde'zway. The con-
4tJLuct(on o~ th~s deveLopment p'tog'tam 4houtd be denIed w~tLL the c.ottecllon ~`ta-te
-16 heough~t back up to the acceptabLe Level.
SectIon 209. (b) (2) Th16 4ecLIan 4houtd make `te6vtence La, and adapt the HUD LIml,tatlan
on the mctxlmurn6 that a 6amily 4houtd pay 60/L 4heLtex, whIch -Inelude~ (1) payment
on a hans e (`ten-tat) and (2) the payment £a't utleLtLe4 up La a `teaAonabte amount.
Wiih thl(N~L
April 29, 1982
~ Hoanrable l,brris Udall
House of Representatives
Washington, D.C. 20515
Dear Sir:
This letter is in reference to the recent proposal before Congress which
would re-align Hill) under the BIA. In Section 215 of the Indian Housing Bill,
the proposed "Indian Preference" language is ant in keeping with the strong
Indian preference reguirecents which are rrandatory in order to further the
current and past administration's direction to us on Tribal self-determination.
We have found in the past, rmich to our regret, that if Indian preference
is worded weakly, and/or left up to the interpretation of department-head
bureat~rats, we (the Indians) sees to always end up an the proverbial short
end of the stick as far as eiployirent, training arxl cuntracting are cencerned.
Historically, we have had a very difficult tire in believing that the
~ite ittan would intentionally lie, or be less than honest in his dealings with
us. It was a hard lesson for us to learn. And believe it or ant, there are
sate of us that still have ant learned that lesson. It cust be a flaw in the
Indian culture.
As Qiainran of the Shoshone-Banrx)ck Tribes of Idaho, I ate genuinely
anguished over the disproportionate ureeployrrent rate, lack of skilled work
force and the sharrefully law per capita incare of our Tribal rrerrbers. Any
wording used in the proposed Indian Housing Bill which is less darrending then
that of Section 7(b) of the Indian Self-Determination Act, (P.L. 93-638), adds
~ rrr~r distress; in that it would be detrirrental in its effect upon all Tribal
gJverrmwnts.
As leader and representative of oy Tribe, I sincerely solicit your help
in assuring that the Indian preference rarpiiratrents in Section 215 are strong
and specific, and ant left up to the good intentians of the urrenliqhtened.
Respectfully,
R~ Willis Dixey,
Shoshone-Banrock
PAGENO="0573"
567
AMERICAN INDIAN COUNCLL
OF ARCHITECTS AND ENGIW'E~F(~S
CHARLES ARCHAMBAULT FREDERICK C. COOPER
chairman secretary treasurer
p.o. box M April 30, 1982 11675 Sw 66th ave.
browning, montana 59417 portland, oregon 97723
The Honorable Morris Udall, Chairman
Committee on Interior and Insular Affairs
U. S. House of Representatives
Washington, D. C. 20515
Dear Chairman Udall:
The American Indian Council of Architects and Engineers has
had an opportunity to review the proposed Indian Housing Act of
1982. While we support the general purposes of the Act, we were
deeply disturbed by Section 215, which appears to be the "Indian
preference" section of the Act.
This section appears to severely undercut the Indian
preference language contained in the Indian Self-Determination
Act and the existing HUD Indian housing regulations. As written,
it appears to make the implementation of an Indian preference
program optional with the Secretary. Also, it uses the term
"Indian affirmative action program" which connotes much less than
would the normal "Indian preference" language. It is our concern
that this language will lead to a vast diminishment in the
enforcement of Indian preference on housing projects funded under
your proposed bill.
We were surprised to see such language coming from your
Committee. In November of 1979 and again in May of 1980 your
Committee held hearings on the role of Indian preference as a tool
for Indian economic development. At those hearings, your
Committee appeared to have concluded that Indian preference is a
low-cost and extremely effective vehicle for ensuring the employ-
ment of Indian workers and the utilization of Indian construction,
architectural and other firms. Your Committee also played a
leading role to compel HUD to enforce its Indian preference
regulations under the existing Indian housing program. We do not
understand, in light of those activities by your Committee, how the
language in Section 215 of your proposed Indian Housing bill can
be justified.
It is our understanding that the Committee has been informed
that tribal governments are opposed to Indian preference. If this
is true, why is it that over 50 tribal governments have adopted
extremely strong Tribal Employment Rights Ordinances (TERO5) which
impose Indian preference requirements on all activities on the
PAGENO="0574"
568
- The Honorable Morris tjdall
April 30, 1982
Rage Two
reservation -- nuch stronger than those contained even in Section
7(b) of the Indian Self-Determination Act. This clearly indicates
that tribal governments support the general view that Indian
preference is a vehicle for Indian economic development. Moreover,
if strong language is not contained in the Indian Housing bill, it
could severely undercut the authority of tribes to enforce their
own Indian preference ordinances. There is some indication that
under the law, a tribal government may not impose Indian contract
preference requirements on federally-funded projects unless the
federal government has done the same. (See, for example, the
attached letter from 0MB.)
We are aware that Indian Housing Authority directors are
opposed to Indian preference. This is understandable since they,
like all other employers and funding agencies, are opposed to any
additional requirements that complicate their lives. (There is
some hypocrisy here since many of these directors obtained their
jobs because of Indian preference requirements.) This, however,
is not sufficient grounds to oppose Indian preference. The
argument that Indian preference adds to the cost of a project or
decreases the quality simply is not true. Several years ago the
BIA and the Facilities Construction and Operations Improvement
Division of the Department of the Interior had a study conducted
to determine what adds costs to construction projects. One of the
questions asked of major construction firms was how much
additional costs would be added to a bid if the project were
covered by an Indian preference requirement. The answer by these
major construction companies was that the additional costs would
be negligible. We believe the accusations of higher costs and
lower quality, therefore, are unsubstantiated and reflect nothing
more than a prejudice that has been adopted by certain parts of
the Indian community.
The American Indian Council of Architects and Engineers and
other Indian organizations would be pleased to work with you to
develop more appropriate language. However, the easiest way to
handle the issue is simply not to cover it in your bill. That
way, Section 7(b) of the Indian Self-Determination Act would apply
to the Act in the same way it applies to all other Interior
Department projects for the benefit of Indians. (The present
language, on the other hand, could be interpreted to say that
Section 7(b) does not apply to housing projects funded under the
bill'.) We would be glad to work with you in any way possible to
implement the request made in this letter.
Sincerely yours,
CA/mm Charles Archambault
cc: Cong. M. Edwards Chairman
Cong. P. Williams
PAGENO="0575"
569
OPI TRIRE
van L. Sidney
CHAIRMAN
Raymond J Coin
VICE-CHAIRMAN
May 11, 1982
The Hono/wtbiLe Mov&L~s UdaU
Koa~se o~ RepM2en~tcvUiJe4
235 Longwonth Hou4e O~~ce BuL&iLng
CUaAhi~L~ton, V.C. 20515
Vea~t S~Lit:
A copy o~ the p/wpo4ed Ind%an Hou~ng Act o~ 1982, I-fR 5988 ha4 `tecentfLy been
ce,Lved -Le thAA o~4Lce. Atthough the PabUc Hea'zLng4 ~o'~ the S-LLL hcwe been
concLuded, we wLoh Lo LabmLt Lhe6e cotmnenLo ~`tegaitd~Lng lnctLan ffoa4Lng.
SLad-Le4 (awe 4kown thziL natLona2y, Koao~Lng ConditLon4 on IncUan RewwcntLons
cv~e aLuocLou4, Lhe Ameitican IncUan beLng Lhe mo4-t iJL-hoaoed. ThLo manda~te6
Lhe need to eon-tLnue Lo p'wv~Lde Koui~Lng M4~4Lance Lo - ~the md-Lan PeopLu. A
4tz~e, decenL and 4anJ,tcvLy how6LnO ~ e~en.tAaL Lo Lhe U~e, heaP_th, ~a~e~ty
and econom-Lcz gn.owth o~ the End,Lan PeopLe, and theee~oke a hasLy dec!=L~Lon /te-
gaidLng Ind.Lan Kow&Lng muoL be auo~Lded.
The HUV Indan ffow&Lng P'wgitam may be doomed ~ eLLm-LnatLon, howevn'~ ~the
need so'. hows~Lng on Indian Re,~eJwatLon4 wLei con~tLnae Lo pe~'u~L~t. Coo'~d~Lna-
Lion w~Uh Lhe va'iLoao Fede'uiJL Agenc~Le4 ~`~e4poni~LbLe ~o'~ de&ueey o~ hOa4~ng
on Indian Re,se/wa.Uon4 ~ eooentLa2, ~ Lhe conLinua,tLon and de&ueey o~
Hou~Lng A~t~Lt~tanae 1'~ognam~ £o.'t Indian PeopLe.
In)Lega/LcLte~4 o~ i~t~s pLace wi~th~Ln the ~ede'uzL govennmen~t, the /~e,ten-tLon o~
an Indian Hoalsing P'wg~am maoL be a 1~J.~'ut p~tLo'~LLy. Second, aUhough Lhe/te
may be 4ome pkobem6 wL-th Lhe p'te4en~t I-WV IncUan Kou~Lng P/wg~iam, Lhe up-
geacUng and `LeI'amp~fng o~ thA.6 hou~Lng pitogam may be mo4L econom-Lca2 and sea-
4LbLe. Th&tdty, Lhe t'utn~eizhing o~ Lhe Indian Hoa6Lng P'wgMm Lo anoLhvL
~andLng agency 4houLd be Lhe La&t aLteenatLve.
The ptopo4ed Indian KoaIsAng Act o~ 1982, L6 a coninendabte e~o1it o~ yow~
committee in addxels&Lng the need ~ a contLunatLon o~ a HoaoLng A~s4Lsiance
P'wgtam ~ the Indian PeopLe. Howeiien, thexe axe 4ome concc'uvs that need
addee&sLng. One 4uch concaen ia the LntegxatLon o~ TxLhaL T'utht Fund6 in
the pxopo4ed Indian tloa6Lng Act o~ 1982, it1s impact, e~ect on the TwSt
xeL.aUon6hLp between the ~ede'taL gove.ltnme,vt and the Indian T'ribe1s. The/Le
axe o/thex conceILn4 which the KopL TxLbaL ffow,Lng AwthonLty L4 add'~ei~Lng
and LeLU be b'zingLng to yowL attention.
&st wiahe4 on thL6 p'wpo4ed indian Hoa6Lng &U and may it pxoduce a mo4t
compatibLe 4oLwtLon to thL4s tmgent and vitat Kou~ing need o~ the indian
peopLe.
ShouLd you have any que4ton4 ox need ~withex in~oxmatLon, pea6e do not
he~sLtate to caLL this o,~frLce ox the IlopL TxLbaL Hou,s2ng AwthoALty at (602)
137-2 556.
Ivan L. Sidney, - an
IlopL T/LbaL CounciL
THE
In replyreferto:
PAGENO="0576"
570
Côlville Confederated Tribes
P.O. Box 150 - Nespelem, Washington 99155 (509) 634-4711
April 28, 1982
Senator Morris Udall, Chairman
House of Representatives Committee
on Interior and Insular Affairs
U.S. Congress
Washington, D.C. 20515
Dear Mr. Udall:
On behalf of the Colville Confederated Tribes, I wish to
express the Tribe's concerns regarding the Indian Housing
Bill before your committee. I request you add the same
language contained in Public Law 93-638, Sec. 7 (25 U.S.C.
450e (b)), Indian Preference requirements into Section 215
of the Indian Housing Bill before your committee at this
time.
If we are to continue to make significant progress in the
future, Indian preference is a-viable vehicle for that
progress.
Thank you for your consideration in this matter. As in
the past; I am looking forward to a positive decision from
your committee regarding Section 215, and Indian preference.
Respectfully,
- Al Aubertin, Chairman
Colville Business Council
PAGENO="0577"
571
C 4-O52'47B5~9 03/30/82 ICS IPPIMTZZ CSP POMI
702'423.13pl TDMT FALLON NV `43 03-30
0807P EST 1S;08 EST
Telegram
CONGRESSMAN PAT WILLIAMS RPT OLY MOM
CAPITOL ONE DC
WE HAVE REVIEWED 918 PROPOSED BILL CITED AS INDIAN HOUSING ACT OF
1982, wE APE VERY MUCH OPPOSF:D TO THE INTRODUCTION AND/OR ADOPTION OF
THIS BILL, HOUSING AUTHORITIES OF ARIZONA CALIFORNIA NEVADA AND NEW
MEXICO HAVE TAKEN A STRONG POSITION AGAINST 818 INVOLVEMENT,
FALLON PAIUTE Sp1OSHON~ MOUSING AUTHORITy AND LOVELOCK INDIAN
HOUSING AUTHOW1TIES
PU BOX 1195
FALLON NV 89408
18:08 EST
IPMPOMX WSH
PAGENO="0578"
572
(~~7033S12S 05,05/B2 Ics (PMBNGZ CSP PONT
A1423B~ TO~P ONEIDA w5 391 0S~O5
6032P EAT 1~:3& fST
1.1.1 *.i Telegram
westein union
R~P MORRIS UDALL, CHAIRMAN OF INTERIOR AND INSULAR AFPA 1~5
CA~Il~JL IL
THF POSITION iF ONEIDA TRIBE OF MISCONSIN REGARDING THE IN!! An
HOUSINI, ACT (`F 19RZ "HRS9BA'
THE O~EIOA (MIRE OF WISCONSIN DESIRES THAT THE FOLLOWING STATEMENTS
BE ENIENED INTO THE CO~GRESSIOFJA1 RECORD REGARDING THE ABONE PQOPOSED
LEG ISLAT ION,
TITLE 1 INDIAN HOUSING IMPROVEMENT FUND. THIS TITLE WOULD PLACE
UNNECESSARY DOSCRETIDNARY PDM~RS IN THE SECRETARY OF INTFRIOR AND
HORK TO UNDERMINE SELFGOVERNMFNT. INDIAN PREFERENCE IS NOT PROVIDED
FUR, AND SECTION 101 (C) (`4) MOULD ELIMINATE TRIBAL CONTROL WHEN
TRIBES COULD PERFORM THE SAME SERVICES BY A M35 CONTRACT.
TITLE 2 INDiAN HOUSING FINANCE FUND. MHILE THE PROBLEM OF
ACCOUNTABILITY INHIBITS OTHER TRIBES FROM SHORING MANAGEMENT
COMPETENCE, THE ONEIDA TRIBE OF WISCONSIN AND OTHERS HAVF MAINTAINED
AN EFFECTIVE AND EFFICIENT TRIBAL HOUSING AUTHORITY, THIS TITLE MOULT
IN EFFECT AUTPIORIZE ENCURBERANCE OF TRIBAL TRUST FUNDS AND AGAIN
PLACE FIORE DISCRETIONARY BORER IN THE HANDS OF THE SECRETARY. IT
COULD FURTHER REGUIRE TRIBES TO MAINTAIN TWD HOUSING AUTHORITIES.
FINALLY, THIS TITLE, IF PASSED MOULD BE AN UNCONSTITUTIONAL DENIAL OF
DUE PROCESS TO TRIBAL GOVERNMENTS DUE TO THE TOTALLY INADEDUATE
P4OTIC~ PRUVISIONS, THERE MAY SF OTHER CONSTITUTIONAL CONS ICEPATICFIS
AS WELL,
TITLE 3 INDIAN HOUSING LOAN GUARANTEE FUND, TRIBAL COURTS ARE NOT
SPECIFICALLY INCLUDED In THE TERM COURTS OF COMHCrNN, ~JL~IAAL~L~'
SECTION 309 (A) (1). IT FURTHER IMPLIES FORECLOSURES OF INDIAN LANDS
INDEPENDENT OF TRIBAL GOVERNMENT AUTHORITY,
TITLE `4 MISCELLANEOUS PROVISIONS. NEITHER THIS TITLE NOR AN~ OTHER
PROVISIONS OF THE PROPOSED ACT PROVIDES FOR R38 CONTRACTING PY TRIBES
FOR HOUSING NOR SOVEREIGN IMMUNITY.
CONCLUS~DN, THE ONEIDA TRIBE OF WISCONSIN OPPOSES THE INDIAN HOUSING
ACT OF 1982 (HR5988), IN ITS PRESENT FORM. THE ONEIDA TRIBE URGES THE
HOUSE COMMITTEE CN INTERIOR AND INSULAR AFFAIRS TO ADDRESS THE ABOVE
CONCERNS. THE ONEIDA T'4IBE RECOGNIZES THE NEED TO HAVE AN INDIAN
HOUSING MILL AND ACKNOWLEDGES THE PROBLEMS EXISTING IN THE PRESENT
RELATIONSHIPS BETWEEN TRIBAL HOUSING AUTHORITIES AND THEIR FUNDING
AGENCIES, ULTIMATELY, THE FEDERAL GOVERNMENT HAS A RFSPONSIBILTY TO
ASSIST TRIBES TO PROVIDE ADEQUATE HOUSING, THIS HAS BEEN DONE IN THE
PAST H U D. HRS9AS DOES NOT ADEQUATELY SAFEGUARD THE TRUST
RELATIONSHIP BETWEEN THE U S AND THE TRIBES. IF THESE OBJECTIONABLE
PROVISIONS MERE REDRAFTED TO SATISFY THE STATED CONCERNS, AND THE
TRIBE WAS PERMITTED TO PARTICIPATE IN THE REDRAFTING OF THE SAME
PROVISIONS, A RESOLUTION IS MORE LIKELY TO OCCUR, THIS POSITION IS
SUPPORTED BY OUR PRESENT ONEIDA MOUSING AUTHORITY. SINCERELY
GARY METOXEN, CHAIRMAN OF THE ONEIDA TRIBE OF INDIANS CF WISCONSIN
1b13W EST
IPMPOMX WSH
PAGENO="0579"
ARAPAHO BUSINESS COUNCIL M PRO3P
BOX 21~
FT WASHAKIE WY825I~i
573
4~0b$'453S12Lj 05/04/82 IC5 IPMMTZZ CSP WSHB
3073322473 4GM TORT LANDER WY 227 05.04 0919P EST
CONGRESSMAN MORRIS UDALL
WASHINCTON DC 20515
RE~ THE INDIAN HOUSING ACT OF 1982 (M,R.S98b) (134,21)
DEAR CONGRESSMAN UDALLI
THE NORTHERN ARAPAHO TRIBE OF WYOMING SUPPOHT THE CONCEPT OF THE
INDIAN HOUSING ACT OF 1982 WITH SOME CHANGES. -
UNDER TITLE I' SECTION 101 WE FEEL THAT THE CONTRACTING AUTHORITY
REMAIN WITHIN THE INDIVIDUAL TRIBAL GOVERNMENT WHEN PROVIDING
ASSISTANCE THROUGH CONTRACTING, AS IT IS WORDED NOW THE SECRETARY OF
INTERIOR HAS THE AUTHORIZATION TO CONTRACT THE MOST PRIVATE
CONSTRUCTION COMP4NY,
SECTION l02(A) (2) (3) CONCERNING MAJOR REPAIR AND CONSTRUCTION,
FINANCING THE TERM SHOULD SE DEFINED TO A DOLLAR AMOUNT, THE LIEN
SHOULD BE PLACED ON MAJOR CONSTRUCTION ONLY, NOT FOR SMALLER REPAIRS,
UNDER TITLE II. SECTION 203(C) SHOULD MAKE CLEAR THAT THE TRIBE
RETAINS CONTROL OF OPERATIONS. DUE TO THE NATURE OF THE WIND RIVER
INDIAN RESERVATION TRIBES, THE ARAPAHO AND SHOSHONE TRIBES, EACH
TRIBE SHOULD BE GIVEN CONTROL OF OPERATIONS,
THE NORTHERN ARAPAHO TRIBE WISHES THE 8PECI~IC LANGUAGE IN THE BILL
BE INCLUDED TO BASE THE ALLOCATION OF THE NUMBER OF HOUSING U~ITS BE
BASED ON THE POPULATION RELATIVE NEED,
IN SECTION 205 THE TRUST FUNDS ARE HELD UP IN THE EVENT OF DEFAULT,
WE WISH THIS SECTION BE ELIMINATED. WE PROPOSE THE USE. OF EXISTING
TRIBAL COURT TO ENFORCE COLLECTIONS TO PREVENT DEFAULT, RESPECTFULLY
SUBMITTED,
JOSEPH OLDMAN
CHAIRMAN
NORTHERN ARAPAHO BUSINESS COUNCIL
NORTHERN ARAPAHO TRIBE
21:21 EST
MGMCUMP
PAGENO="0580"
SHOSHONE AND ARAPAHOE TRIBES 401
BOX ~17
FORT WASHAKIE WY 82510
574
!~~!~~MaIIgra1Ti lj
`4.001005S130 05/10/82 ICS IPMMTZZ LSP WSHB
307~5582o8 P1GM TDMT LANDER WY 1420 05-00 02~SP EST
HONORABLE MORRIS UDALL' CHAIRMAN COMMITTEE OF
INTERIOR INSULAR AFFAIR
HOUSE OF REPRESENTATIVES 235 CANNON HOUSE
OFFICE BLDG
WASHINGTON DC 20510
REt H.R,5988, INDIAN HOUSING (138.21)
DEAR MR UDALL.
THE SHOSHONE AND ARAPAHOE TRIBES OF THE WINO RIVER INDIAN RESERVATION
IN WYOMING STRONGLY SUPPORT YOUR EFFORTS TO OBTAIN LEGISLAtION THAT
WILL IONTINUE THE FEDERAL POLICY OF PROVIDING HOUSING FOR RESERVATION
INDIANS. -
THE IRISES COMMEND YOU AND YOUR CO-SPONSORS FOR YOUR RECOGNITION THAT
RESERVATION INDIANS MUST LOOK TO THE UNITED STATES FOR AID IN THE
CONSTRUCTION AND FINANCING OF HOUSING, THE STATE HAVE NO
RESPONSIBILITY, YOUR STATEMENT IN THE MARCH3O 1982 CONGRESSIONAL
RECORD MAKES CLEAR TO THE TRIBES THAT YOU UNDERSTAND THE DCSPERATE
NEED. TITLE ONE OF THE BILL WOULD AUTHORIZE AN APPROPRIATION OF
30.MILLION EACH FISCAL YEAR FOR THE HOUSING IMPROVEMENT PROGRAM
(HIP). THE TRIBES ARE SURE THAT YOU ARE AWARE THAT 30-MILLION DOLLARS
ANNUALLY WILL NOT DO THE HIP JOB, THEY APPRCCIATE THAT THE 30-MILLION
DOLLAR FIGURE IS IMPOSED BY CURRENT BUDGETARY RESTRICTIONS THAT
HOPEFULLY WILL BE OVERCOME IN FUTURE CUNGRE?SES.
THE TRIBES ARE MUCH CONCERNED AND STRONGLY OPPOSE SECTION 205 OF THE
BILL AS DISCRIMINATORY AND GROSSLY UNFAIR, ?ECTION 205 WOULD MAKE THE
TRIBES BE GUARANTOR OF EVERY INDIVIDUAL RECiPIENT OF A HOUSING
BENEFIT. SECTION 205 WOULD SUBJECT ALL TRIBAL TRUST FUNDS TO
ATTACHMENT FOR PAYMENT OF THE DEBTS THAT INUIVIDUAL INDIAN OWE TO THE
RESERVATION HOUSING AUTHORITY.
THE PROVISION IS DISCRIMINATORY BECAUSE NO ?YCH BURDEN IS CAST ON ANY
OTHER POLITICAL ENTITY IN THE UNITED STATES, NO CITY IN THE UNITED
STATES IS COMPELLED TO GUARANTEE PAYMENT OF MONIES OWING BY ITS
HOUSiNG AUTHORITY. CERTAINLY, MUNICIPAL FUNUS ARE NOT SUBJECTED TO
ATTACHMENT. -
THE PROVISION IS UNFAIR BECAUSE IT REQUIRES ALL THE PEOPLE OF THE
TRIBES TO ASSUME THE DEBTS OF SOME INDIVIDUALS, MEMBERS AND
NON-MEMBERS. KEEP IN MIND THAT UNDER THE INL~IAN CIVIL RIGHTS ACT,
TRIBES CANNOT DISCRIMINATE AMONG INDIANS ONTHE RESERVATION. SECTION
3 (s) OF H.R, 5q88 AUTHORIZES THE BENEFITS FOR ANY INDIAN ON THE
RESERVATION WHETHER OR NOT A MEMBER OF THE TRIBE OF THAT RESERVATION,
IN THIS FASHION THE BILL WOULD USE TRIBAL PROPERTY TO PAY THE DEBTS
OF STRANGERS TO THE TRIBES, -
AS WE SEE IT, UNLESS TRIBES ARE ELIMINATED tHOM SECTION 205, THE ONLY
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575
TRIBE WHO WILL PARTICIPATE ARE THOSE WITHOUt ANY TRIBAL TRUST PUNDS
OR ANY PROSPECT OF RECEIVING SUCH FUNDS. THOS, THE OBJECTI~ OF THE
BILL WOULD BE DEFEATED AND ELIGIBLE INDIANSWOULD BE DENIEUHUUSNG
BENEFITS.
SINCERELY
ROBERT N1 HARRIS SR, CHAIRMAN SHOSHONE BUbINESS COUNCIL JOSEPH
OLOMAN, CHAIRMAN ARAPAHOE bUSINESS COUNCIC
1'U49 EST
MGMCOMP
[ PAGE 2
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576
ASSN ON AMERICAN INDIAN AFFAIRS
432 PARK AVE SOUTH
NEW YORK NY lOOlb
!~ Mallgram I
40485b7512L~ 05/04/82 ICS IPMMTZZ CSP WSHB
2126898720 MGM TDMT NEW YORK NY 265 05-04 0'4UP EST
THE HONORABLE MORRIS K UDALL~ CHAIRMAN
COMMITTEE ON INTERIOR AND INSULAR AFFAIMS
U 5 MOUSE OF REPRESENTATIVES
WASHINGTON DC 20515
DEAR CONGRESSMAN UDALL, -
THE ASSOCIATION ON AMERICAN INDIAN AFFAIRS, UN BEHALF OF ITS ~0,000
INDIAN AND NON~INDIAN MEMBERS AND CONTRISUTURS, WOULD LIKE TO
CONGRATULATE YOU AND THE HOUSE INTERIOR COMMITTEE ON ITS OUTSTANDING
INITIATIVE IN DEVELOPING H,R, 5988, THE INDIAN HOUSING ACT OF 1982,
THE ASSOCIATION SUPPORTS THIS INITIATIVE IN PRINCIPLE, RUT SU(i(.,ESTS
THE FOLLOWING CHANGES IF THE SILL IS TO MEET ITS OJECTIVE OF HELPINI,
TO RECTIFY THE DEPLORABLE STATUS OF INDIAN SOUSING,
OUR MOST CRITICAL OBJECTION TO THE LEGISLAT1UN IS THAT SECTION 205 BE
AMENDED TO DELETE THE PROVISION EMPOWERING `tHE SECRETARY OF THE
INTERIOR TO ATTACH TRIBAL TRUST FUNDS, THE COMMITTEE SHOULD EXPLORE
MORE APPROPRIATE ALTERNATIVES TO HELP ASSUR~ PAYMENT OF MONIES OWED
TO THE FUND,
WE ALSO SELIEVE THAT THE INDIAN HOUSING LOAN GUARANTEE FUND
ESTAbLISHED UNDER TITLE III SHOULD INCLUDE INDIAN IRiSES AS WELL AS
FAMILIES AS ELIGIBLE PARTICIPANTS, SECTION 302 SHOULD bE AMENDED TO
CLARiFY THAT IT GRANTS NO NEW AUTHORITY TO IKE SECRETARY,
WE WOULD ALSO LIKE TO POINT DOT THAT INDIAN TRIBES, UNLIKE NON.IND1AN
STATE AND LOCAL UNITS OF GOVERNMENTS, DO NOT HAVE THE AUTHORITY TO
ISSUE MORTGAGE REVENUE LOANS' AND SUGGEST THAT H,R, 5988 BE AMENDED
TO RECTIFY THIS SITUATION AND PROVIDE INDIAN TRIbES THE NECESSARY
AUTHORITY,
WITH THESE AMENDMENTS, WE BELIEVE H,R, 5988 WILL GO A LONG WAY TOWARD
PROVIDING SaFE, DECENT AND AFFORDABLE HOUSING TO INDIAN FAMILIES,
STEVEN UNGER
EXECUTIVE DIRECTOR
ASSOCIATION ON AMERICAN INDIAN AFFAIRS
432 PARK AVE SOUTH
NEW YORK NY 10016
16:13 EST
MG MC 0 P4 P
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577
MA1LGRAR SERVICE CENTER
4-047504S 187002 07/06/82 ICS IPMBNGZ CSP JKSA
1 6016565251 MGM TDBN PHILADELPHIA MS 07-06 0340? EST
TRIBAL ADMINISTRATION, P MARTIN
ROUTE 7 BOX 21
PHILADELPHIA MS 39350
THIS MAILGRAM IS A CONFIRMATION COPY OF THE FOLLOWING MESSAGE:
6016565251 11GM TDBN PHILADELPHIA MS 208 07-06 0340? EST
ZIP
HONORABLE THAD COCHRAN
UNITED STATES SENATE
WASHINGTON DC 20510
IN A TELEPHONE CONVERSATION WITH ELMER SAVILLA OF THE NATIONAL TRIBAL
cHAIRMENS ASSOC~IATION TODAY, HE MENTIONED TO ME THAT YOU WOULD LIKE
1~T' VIEWS ON THE SUBMISSION OF A COMPANION BILL TO H.R. 5938, THE
PROPOSED INDIAN HOUSING ACT OF 1932.
I WHOLEHEARTEDLY SUPPORT PASSAGE OF THE BILL, WHICH WOULD AID GREATLY
IN REDUCING THE PERCENTAGE OF INDIAN SUBSTANDARD HOUSING FROM THE
CURRENT LEVEL OF OVER 40 PER CENT. THE HOUSE COMMITTEE HAS REVISED
LANGUAGE CONTAINED IN THE ORIGINAL DRAFT OF H.R. 5938 TO CLEAR UP
PROBLEMS WITH THE CONVEYANCE OF TRUST LANDS AND THE ATTACHMENT OF
TRUST FUNDS WHICH HAD CONCERNED ME. BUT DEMOCRATS ON THE HOUSE
~MMITTEE ADDED LANGUAGE REQUIRING THE PAYMENT OF DAVIS-BACON WAGES
IN CONSTRUCTION WHICH I DO NOT THINK WOULD BE IN THE BEST INTEREST OF
INDIAN TRIBES, IN TERMS OF COST EFFECTIVENESS AFID ENCOURAGEMENT OF
TRI BAL CONSTRUCTION ENTER? RISES.
I RESPECTFULLY URGE THAT YOU CONSIDER INTIIODUCING A COMPANION MEASURE
TO H.R. 5988 IN THE SENATE A~EUT THE DAVIS-BACON WAGE REQUIREMENT.
IF YOU WOULD LIKE FURTHER DETAILS ON THE MEASURE OR ON INDIAN HOUSING
POSITIONS NATIONALLY, PLEASE HAVE YOUF~ STAFF CONTACT ME OR MR.
~VILLA.
PHILLIP MARTIN, CHIEF MISSISSIPPI BANK OF CHOCTAW INDIANS
PHILADELPHIA MISS 601-656-5251
1544 EST
MCRCOhF' MCM
0
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