6. Provide for periodic visits by a Construction Representative during construction. The housing authority will be charged a fee for this service, as required by law, such fee to be included in the development cost of the project. This agreement entered into this 12th day of February, 1965. MARIE C. MCGUIRE, Commissioner, Public Housing Administration. Commissioner, Bureau of Indian Affairs. DEPARTMENT OF HEALTH, EDUCATION, AND WELFARE, Memorandum of Understanding: Provision of Sanitation Facilities for Indian Housing Public Law 86-121 (the Indian Sanitation Facilities Act), enacted in 1959, authorizes the provision of assistance by the Indian Health Service, Department of Health, Education, and Welfare in the construction of water supplies, waste disposal facilities and other sanitation facilities for Indian houses and communities. Construction of Indian housing, however, is supported by the Departments of Housing and Urban Development and Interior. As a result of the separation of responsibilities for these related activities, problems have arisen in providing sanitation facilities proportionate to the number of housing units being constructed. To ensure the provision of adequate sanitation facilities for new and rehabilitated housing for Indians and Alaska natives for fiscal year 1970, the Department of Housing and Urban Development, the Department of Health, Education, and Welfare, and the Department of the Interior agree to the conditions set forth in this memorandum. I. DIVISION OF RESPONSIBILITY In a January 16, 1969, letter to the Secretary of HEW establishing the final allowance for the 1970 President's budget, the Budget Bureau stated: "The estimate for the Indian Health Sanitation Program is based on the agreement that the costs of wells and septic tanks, where applicable, will be included as part of the development cost of low-rent housing. Continued close coordination between the Department of Interior and the Department of Housing and Urban Development will be necessary to assure appropriate scheduling of the provision of housing and supporting facilities." As a result of this policy decision, the Department of Housing and Urban Development will provide individual water and waste facilities (wells, septic tanks, etc.) for new Indian houses constructed through the Housing Assistance Administration which do not have access to community sanitation systems. The Department of Health, Education, and Welfare will continue to provide water distribution and sewage disposal systems for communities of new homes, and sanitation facilities for rehabilitated houses which lack adequate facilities. II. LEVEL OF EFFORT FOR FY 1970 As part of efforts to alleviate funding problems associated with the provision of sanitation facilities for Indian housing in fiscal 1969, an interagency task force consisting of Department representatives from HEW, HUD, and Interior was formed to provide top level coordination and guidance for housing and sanitation facilities construction programs. This task force developed a projection that 8,000 housing units can be constructed and renovated during each of fiscal years 1970-1974. The needs for water and waste facilities during this period will be based on this projection, subject to revisions to meet changing conditions. For fiscal 1970, 8,000 Indian housing units will be constructed and renovated as follows: 1. Housing and Urban Development-6,000 units of new housing 2. Bureau of Indian Affairs-1,000 units of new or improved housing 3. Tribal groups-1,000 units of new housing The 1970 budget for HEW requests $13,130,000 to provide sanitation facilities for 7,100 units of new or improved housing. Individual water and waste facilities for the remaining 900 units of new housing will be provided by HUD at a cost of $2 million. These figures are the best estimates available at this time and are subject to Congressional action on appropriation requests. III. REVISION This memorandum of understanding may be revised when deemed appropriate by the participating parties. WILLIAM H. STEWART, March 17, 1969. Acting Assistant Secretary for Health Scientific Affairs, Department of Health, Education and Welfare. LAWRENCE M. Cox, April 4, 1968. Assistant Secretary for Renewal and Housing Assistance, Department of Housing and Urban Development. HARRISON LOESCH, April 15, 1968. Assistant Secretary, Public Land Management, Department of the Interior. MEMORANDUM OF UNDERSTANDING PERTAINING TO THE PROVISION OF WATER SUPPLY AND SEWERAGE FACILITIES BY THE INDIAN HEALTH SERVICE FOR INDIAN HOUSING PROJECTS SUPPORTED BY THE HOUSING ASSISTANCE ADMINISTRATION AND THE BUREAU OF INDIAN AFFAIRS INTRODUCTION The Indian Health Service has the general responsibility to provide water supply and sewerage facilities for those Indians and Alaska Natives who are eligible to receive such benefits under P.L. 86-121. The Indian Health Service will exercise this responsibility with respect to facilities required to serve Indian houses constructed or improved with the support of the Housing Assistance Administration or the Bureau of Indian Affairs to the extent that funds are specifically appropriated by the Congress for such facilities and as agreed upon under the terms of this Memorandum of Understanding, which sets out the specific functions and procedures of each agency concerned. PLANNING FOR BUDGET PURPOSES By March 1 of each year the HAA and the BIA will advise the IHS with respect to the number and, where possible, the location of housing starts and units of housing improvement that will be initiated in the fiscal year beginning a year from the following July, for which the IHS will be required to provide sanitation facilities. The IHS will use this information in developing its budget request to assure that adequate funds are included to support all necessary sanitation facilities construction for new and improved Indian housing units. EVALUATION OF HOUSING SITE AND DETERMINATION OF TYPE OF FACILITY TO BE PROVIDED 1. Since the ability of the IHS to provide needed water supply and waste facilities is dependent largely on the availability of a water source of suitable quantity and quality and the ability to handle the resulting sewage safely, both within reasonable cost limits, it is imperative that the IHS be consulted with respect to the general site plan for new housing units and concur in the site selection before being committed to providing assistance. 2. It shall be the responsibility of the IHS to determine, following its review of the site in each case, whether community or individual type facilities or a combination of these shall be provided to serve the housing units concerned. In arriving at this decision the IHS will be guided by the basic decision as to whether the Indian houses are to be located on widely separated plots or whether they will be arranged in more compact groups or clusters. In the interest of economy of facilities development and operation, wherever conditions and circumstances permit, site plans will be chosen which allow for buildings to be arranged in such compact groups or clusters. |