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MEMORANDUM OF THE CHAIRMAN

To Members of the Senate Committee on Interior and Insular Affairs:

Although Congress has established a National Housing Policy that every American family is entitled to a "decent, safe and sanitary” dwelling, we are still far from achieving this goal for many Americans. This is particularly true of the American Indian.

Despite the existence of several Federal programs designed to provide Indian housing, the condition of much Indian housing today can only be described as deplorable. The reasons for this include such factors as the prevalence of low incomes, the predominance of trust land, unique cultural patterns and the multiplicity of Federal agencies involved in the Indian housing effort.

This report highlights these and other factors contributing to the sad state of Indian housing. It provides for the first time a comprehensive collection of data and materials essential to an understanding of the Indian housing problem.

The report was prepared for the Indian Affairs Subcommittee, chaired by Senator James Abourezk, by Thomas B. Williams and Robert D. Leatherman of the Committee's professional staff. Mr. Leatherman, an attorney with the Department of Housing and Urban Development, is serving on the staff as a Congressional Fellow, sponsored by the American Political Science Association.

This report merits study by Members of the Congress and all those who are concerned with the problems of Indian housing. I have therefore asked that it be published as a Committee print with the hope that it will stimulate fresh thinking and new approaches to helping every Indian family achieve decent housing.

HENRY M. JACKSON, Chairman.

(III)

CONTENTS

Memorandum of the Chairman.
Introduction.--
HUD Indian housing programs.-

1. Low rent program..
2. Mutual-help homeownership program.

3. Turnkey III homeownership program..
BIA housing improvement program.-
Rural housing programs of the Farmers Home Administration..
Related services and program administration...

1. Road construction.--
2. Water and sanitation facilities.

3. Program administration.--
Problems with the present program.

1. The tri-agency agreement-
2. The 1974 Housing and Community Development Act.
3. Building on Indian lands.--
4. Relative priority accorded Indian projects.
5. Special legal relationship..

6. Regional characteristics...
Possible options and/or policy alternatives.-

1. Maintain the status quo with administrative changes.-
2. Maintain the status quo with certain legislative and administrative

changes.-
3. Develop a comprehensive Indian housing and community develop-

ment act.

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APPENDIXES

21
25

27

97
106

I. Significant dates in Indian housing-
II. General Accounting Office reports.

Slow progress in eliminating substandard Indian housing (Re-

port No. B-114868)--
GÃO communication to HUD, dated September 24, 1974, re-

garding a survey of Federal efforts in Alaska in meeting
national housing objectives (Report No. B-118718) -
HUD reply letter regarding GÀO Report No. B-118718.
GAO communication to HŬD, dated October 4, 1974, regarding

a survey of HUD's low-rent public housing program at two
Indian housing authorities and at HUD's Los Angeles Area

Office (Report No. B-114868)
III. "Indian Housing: A Background Paper", George W. Rucker.
IV. "Indian Housing: 1961-1971, A Decade of Continuing Crisis”,

Arnold C. Sternberg and Catherine M. Bishop-
V. "Toward an Indian Housing Delivery System”, Housing Assistance

Council, Inc.---
VI. "Indian Housing A Separate Concern”, Housing Assistance

Council, Inc.-
VII. "Indian Housing Issues and State Roles”, Housing Assistance Coun-

cil, Inc.,

109
121

141

167

179

197

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VIII. HUD circulars and legal memorandums forming the basis for tribal

Pagt

governments to participate in public housing programs.

211

Memorandum from PHA Commissioner Marie C. McGuire to

Central Office Division and branch heads, Regional Direc-

tors, subject: Low-rent housing for Indian tribes on Indian

reservations

213

Memorandum from PHA Legal Division to PHA Commis-

sioner, dated July 19, 1962, subject: Low-rent housing on

Indian reservations covered by Public Law 280.

217

Circular dated December 5, 1962, subject: PHA mutual-help

housing for Indians.

221

Circular HPMC-FHA 7580.3, dated June 19, 1972, subject:

Indian housing authority organization and sites in Indian

areas.

237

IX. Various agreements and memorandiums of understandings entered

into by HUD, BIA, and IHS between 1963 and 1969 regarding

Indian housing-

283

Communication to BIA Commissioner Philleo Nash from PHA

Commissioner Marie C. McGuire, regarding Development of

mutual-help homeownership program.

285

Agreement concerning conventional low-rent housing on Indian

reservations, between HUD and BIA.

289

Memorandum of understanding concerning level of effort for

fiscal years 1970–74, between HUD, BIA and IHS..

293

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,

between HUD, BIA and IHS..

295

X. Portions of HUD handbook and circulars relating to Indian Housing

procedures..

299

HUD circular HPMC-FHA 7410.7, responsibility for planning

and development of low-rent public housing in Indian areas.- 301

HUD circular HM 7495.1, utilization of additional annual con-

tributions subsidy by Indian housing authorities for home-

ownership programs

303

HUD handbook RIM 7690.1, Alaska remote housing handbook- 307

HUD circular HPMC-FHA 7580.1, Indian employment, drain-

ing, and economic benefits from public housing assistance.

330

HUD circular HPMC-FHA 7580.2A, expediting construction

of mutual-help projects in Indian areas

336

HUD circular HPMC-FHA 7581.1A, development cost for

housing projects in Indian areas.

342

HUD circular HPMC-FHA 7581.2, housing assistance in

Indian areas.

344

XI. 1974 Housing and Community Development Act (Public Law 93–

383).

347

XII. Agency responses pursuant to Congressional Research Service request

regarding Indian housing activities.

457

Correspondence.

459

Response of the Bureau of Indian Affairs..

463

Response of the Department of Housing and Urban Develop-

ment..

485

Response of the Indian Health Service, Department of Health,

Education, and Welfare.

575

Response of the Farmers Home Administration, Department of

Agriculture

589

XIII. Veterans' Administration loans to American Indians 1972-74..

637

XIV. Correspondence regarding the Indian housing set-aside in the Hous-

INDIAN HOUSING IN THE

UNITED STATES

A STAFF REPORT

PREPARED BY

THOMAS B. WILLIAMS

AND

ROBERT D. LEATHERMAN
Professional Staff Members

AT THE REQUEST OF

SENATOR HENRY M. JACKSON, Chairman COMMITTEE ON INTERIOR AND INSULAR AFFAIRS

UNITED STATES SENATE

FEBRUARY 1975

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