[Pages S12405-S12407]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

FEDERAL ASSISTANCE FOR INDIAN TRIBES

Mr. LOTT. Mr. President, I ask unanimous consent that the Senate
immediately proceed to the consideration of H.R. 3219, which is at the
desk.
The PRESIDING OFFICER. The clerk will report.
The legislative clerk read as follows:

A bill (H.R. 3219) to provide Federal assistance for Inidan
tribes in a manner that recognizes the right of tribal self-
governance, and for other purposes.

The PRESIDING OFFICER. Is there objection to the immediate
consideration of the bill?
There being no objection, the Senate proceeded to consider the bill.
Mr. McCAIN. Mr. President, I rise today in support of prompt
enactment of H.R. 3219, the Native American Housing Assistance and
Self-Determination Act of 1996. The bill we have received from the
House just 2 days ago will separate Indian housing from public housing
and transform HUD-assisted native American housing programs into tribal
block grants that will, for the first time, provide this Federal
funding directly to native American Indian tribal governments.
First, I want to recognize and commend Congressman Rick Lazio for
spearheading the development of this legislation in the 104th Congress
and for his efforts to involve the Indian tribes and the National
American Indian Housing Council in the development of the bill. I also
want to pay tribute to the steady and strong leadership of Senators
D'Amato and Mack, the respective chairmen of the Senate Banking
Committee and its Housing Opportunities Subcommittee, and for their
cooperation this past year in working with the Committee on Indian
Affairs to ensure that the housing needs of Indian people would be
appropriately considered and included in the public housing reform
legislation. One public example of this cooperative effort is the joint
hearing held earlier this year between the Committee on Indian Affairs
and the Senate Banking Committee to review the provisions of the Native
American Housing Act and to receive comments from Indian Country on how
best to draft Indian housing reform legislation.
Mr. President, the housing problems confronting Indian people are far
more serious than those facing non-Indians. Recent studies indicate
that 28 percent of all American Indian and Alaska Native families live
in substandard, overcrowded housing that lacks the basic amenities of
indoor plumbing, electricity, or heating. By way of comparison, less
than 5\1/2\ percent of all Americans live in similar conditions.
Additionally, more than 90,000 native American families are estimated
to be underhoused or homeless.
The severe housing problems facing Indian people are compounded by
poverty and unemployment levels in native American communities that are
of epidemic proportions. The number of Indian families with incomes
below the poverty line is nearly three times the average rate for
families throughout the rest of the Nation. The average income of
native Americans is less than $4,500 per person per year.
HUD programs have been the major source of housing assistance
available to Indian communities. Regular mortgage financing has not
been available on Indian reservations because of the unwillingness of
the private sector to broaden investment and lending opportunities in
part because of the challenges presented by the unique status of Indian
trust lands.
The statistics on Indian housing reveal an overwhelming need to
change the status quo on HUD assistance to Indian tribes. For these
reasons, I strongly support the transformation of existing HUD programs
into tribal block grants and the separation of Indian housing from
HUD's urban-oriented public housing programs. Tribal block grants are
consistent with long-standing principles of Indian self-determination
and tribal self-governance and should enhance the long-standing trust
relationship between the United States and Indian tribal governments.

Mr. President, I am asking that my colleagues support immediate
consideration and enactment of H.R. 3219. I am pleased with the
progress that we have made this year to fashion an Indian housing bill
that will best fit the needs of tribal communities. However, while I
can support this bill as passed by the House on the eve of adjournment,
I must express my serious concerns with the House-passed provisions
which retreat from previous Senate-House agreements reached during
conference on public housing reform legislation. Unfortunately, the
Congress was unable to complete work on the larger public housing
reform bill this year, but real progress on Indian housing reform
should not be forfeited because of this inability.
H.R. 3219 reflects many of the agreements reached between Indian
tribes, Indian Housing Authorities, the administration and the
Congress. But, as typically happens in the last remaining days of a
congressional session, changes were adopted to the bill in order to
pave the way for House passage. I am particularly disturbed by
provisions adopted by the House regarding the application of the Davis-
Bacon wage requirements to the entire Indian housing bill, including
programs which previously had limited exemptions from Davis-Bacon. The
House changes will result in a loss of direct funding to Indian tribes
for housing development.
As long as I have worked with Indian affairs, I have heard from
Indian tribes, time and time again, overwhelming opposition to the
application of Davis-Bacon wage requirements on Indian reservations. As
chairman of the Committee on Indian Affairs, I have an obligation to
protect tribal sovereignty and fight the age-old paternalism of the
Federal Government to impose policies on Indian tribes that are not
appropriate and that undermine the ability of tribal governments to
make their own decisions about how to protect their people and manage
their own affairs. I realize that a complete exemption of Davis-Bacon
is not politically feasible in this Congress. However, for practical
and policy reasons, I believe that the Secretary of HUD should have the
authority to grant waivers to Indian tribal governments, at their
request, who can provide clear evidence of the impracticality of Davis-
Bacon.
In my view, the wage requirements of the Davis-Bacon Act inhibit the
ability of Indian tribal governments to provide safe and affordable
homes to their tribal members. I understand that for some

[[Page S12406]]

tribal areas, Davis-Bacon may actually provide some benefit, but these
situations are few and far between. For most of Indian Country, which
is largely rural and isolated, Davis-Bacon inordinately raises the cost
of construction of a typical housing unit and delays many Indian
housing projects, thereby diminishing the efficiency of tribal housing
development.
As applied on reservations, Davis-Bacon rates are much higher than
they would otherwise be due to the fact that Indian reservations are
located in largely rural areas which are not unionized and little or no
effort is made to compute Davis-Bacon rates that are specific to each
reservation setting. Factors such as geographic isolation, high poverty
and unemployment levels, and the restricted status of Indian trust
lands have demonstrated that Davis-Bacon is unworkable and inefficient
for Indian housing. Under the block grant approach, unfortunately,
these problems will only be exacerbated. As one tribal member pointed
out to me, ``we are being forced to pay Cadillac prices for
Volkswagens.''
I realize that Indian tribes, Indian Housing Authorities, the
National American Indian Housing Council and the National Congress of
American Indians support the separation of Indian housing from public
housing and view this legislation as an important and historic step to
accomplish this long-awaited goal. Despite my strong reservations about
supporting a bill that is less than what I believe can be accomplished,
I support prompt enactment of H.R. 3219. I share the views of Indian
tribes who are convinced that this is the best available opportunity
for us to reform HUD-assisted Indian housing programs. It is imperative
that we should not continue the status quo of housing conditions in
Indian Country any longer than is necessary.
For years, I have worked to turn over authority and funding to Indian
tribes for their direct management of housing programs, consistent with
long-standing principles of Tribal Self-Determination and Self-
Governance. With much effort and work by Indian tribes, H.R. 3219 will
bring Indian country closer to these goals. Next year, I will continue
to work to exempt HUD-assisted construction activities on Indian lands
from the application of the Davis-Bacon Act wage requirements, because
those requirements simply undermine tribal authority and waste
critically-needed housing funds.
Mr. President, I ask unanimous consent that copies of letters from
the National Congress of American Indians and the National American
Indian Housing Council be printed in the Record. I thank my colleagues
for their support of prompt enactment of this important legislation.
There being no objection, the material was ordered to be printed in
the Record, as follows:

National Congress of

American Indians,

September 30, 1996.
Re Indian Housing reform provision.

Hon. John McCain,
Chairman, Committee on Indian Affairs, U.S. Senate,
Washington, DC.
Dear Chairman McCain: I am writing with regard to the
Indian Housing reform provisions passed in the House on 28
September 1996, and now being considered in the Senate. As
you know, our tribes have gone on record in support of the
``Lazio bill'' introduced by Rep. Lazio in the House earlier
in this session. Enclosed find Resolution No. TLS-96-101C in
support of that legislation. Nonetheless, we have serious
concerns with several provisions in the current version of
the bill. When I testified on the Native American housing
reform bill in June, consistent with tribal sovereignty the
legislation contained a tribal ``opt-in/opt-out'' provision
regarding the federal Davis Bacon Act. The new labor
standards section does not contain this tribal option, and
contradicts even existing limited exemptions for the
application of this Act.
In addition, the old version of the housing reform bill
contained a $650 million authorization to fund this critical
reform legislation. The current version of the housing bill
does not contain a specific provision regarding
authorizations and funding, but rather a general
authorization statement.
Mr. Chairman, having noted our strong opposition to these
provisions, the NCAI supports this legislation.
Sincerely,
W. Ron Allen,
President.
____

National American Indian

Housing Council,

Washington, DC, September 30, 1996.
Hon. John McCain, Chairman,
Senate Committee on Indian Affairs,
U.S. Senate, Washington, DC.
Dear Chairman McCain: The National American Indian Housing
Council (NAIHC) is requesting that you support the Native
American Housing Assistance and Self-Determination Act of
1996 (HR 3219). On Saturday, September 28, 1996, the House of
Representatives passed HR 3219 as amended. NAIHC has reviewed
the House-passed version and continue to support this bill.
This historic legislation was introduced by Congressman
Rick Lazio, Chairman of the Subcommittee on Housing and
Community Opportunities, earlier this year. Congressman Lazio
has worked very closely with the Native American community
since the bill's introduction and has continually sought our
input. The bill incorporates many changes that have created
problems in our communities and encourages our right to self-
determination, a goal you have long supported.
In June, NAIHC's membership passed Resolution 96-01
supporting this legislation. The resolution passed with a
vote of 125 for to 12 opposing. As you can see, there is an
overwhelming majority of our people who believe the changes
HR 3219 will bring are greatly needed and long overdue. NAIHC
recognizes that the version of HR 3219 that Resolution 96-01
supports was somewhat revised as it made its way through the
legislative process. Resolution 96-01, however, supports the
concepts of HR 3219 which have remained in-tact.
Please pass this historic legislation before Congress
departs for recess. Thank you for your continued support of
Native Americans.
Sincerely,
Jacqueline L. Johnson,
Chairperson.
Mr. D'AMATO. Mr. President, I rise to support passage of the Native
American Housing Assistance and Self-Determination Act of 1996 (H.R.
3219). I would like to express my appreciation to Senate Committee on
Indian Affairs Chairman John McCain, Senator Ted Stevens, Senator Pete
Domenici and Senator Ben Nighthorse Campbell for their commitment and
dedication to reforming Indian housing policy. In addition, I would
like to commend the House of Representatives for taking the initiative
in developing and passing this important legislation.
This legislation originally passed the House of Representatives as
title VII of H.R. 2406, the United States Housing Act of 1996. On June
20, 1996, the Senate Committee on Banking, Housing, and Urban Affairs
and the Senate Committee on Indian Affairs held a joint hearing on this
bill and the future of Indian housing policy for our Nation.
The cornerstone of H.R. 3219 is the promotion of the essential
Federal-Indian policy of tribal self-determination and self-governance.
It recognizes the unique government to government relationship between
the Federal Government and Indian tribes. The bill also makes a long
overdue recognition that the conditions of American Indian and Alaska
Native housing are very different from those of urban public housing
and responds by separating the programs from each other.
This legislation is supported by the majority of Indian tribes and
Indian Housing Authorities across America. It responds to tribal
requests for reduced Government regulation, greater flexibility, and
the consolidation of funding sources into block grants. In addition, it
recognizes the reluctance of the private sector to provide housing on
trust or restricted land by broadening the scope of the loan guarantee
program and providing for 50-year leasehold interests on such lands.
Importantly, the bill maintains maximum rent restrictions to protect
recipients of housing assistance. The monthly rent or homebuyer payment
may not exceed 30 percent of the monthly adjusted income of such
family. However, a tribally designated housing entity may choose to
require a monthly housing payment which is less than 30 percent.
Although this bill is not perfect, it represents a strong beginning
in the process of devolving control of housing policy from the Federal
Government to the States and localities, in this case the tribally
designated housing entities. The Senate Committee on Banking stands
ready to legislate any necessary improvements which may be required
prior to final implementation of the legislation. I rise to support the
adoption of the Native American Housing Assistance and Self-
Determination Act of 1996.
Mr. STEVENS. Mr. President, I would like to say just a few words
about H.R. 3219, The Native American Housing Assistance and Self-
Determination Act, which, if passed and signed into law, could become a
landmark in the development of responsive

[[Page S12407]]

and responsible housing for Indians and other native Americans
throughout this country.
To say that the time has come for legislation like H.R. 3219 is to
indulge in understatement. For far too long native Americans have been
required to look to the U.S. Government--especially HUD, for direction
and funding in the essential area of housing. Passage of H.R. 3219 will
enable Native Alaskans and other native Americans to become responsible
for their own housing decisions.
Mr. President, I am particularly proud of the fact that Ms. Jackie
Johnson, a Tlinqit from Juneau, AK, who is Chair of the National
American Indian Housing Council, played such an important role in the
initiation and development of this historic legislation. Ms. Johnson
has poured an enormous amount of work into this effort as has the
entire National American Indian Housing Council. I also want to thank
members of the Association of Alaska Housing Authorities and its
president, Kristian N. Anderson, all of whom contributed so much toward
the development of this legislation. All these fine Alaskans have
reason to be proud.
I am hopeful, Mr. President, that passage of H.R. 3219 will mark the
beginning of a new era in native and Indian Housing that is responsive
and responsible--and most importantly, by and for native Americans.
Mr. BRYAN. Mr. President, today the Native American Housing
Assistance and Self-Determination Act, H.R. 3219, will pass the Senate.
I would like to enter into a short colloquy with Senator Mack, the
subcommittee chairman of the Subcommittee on Housing Opportunity and
Community Development.
In Nevada, there are a number of small Indian tribes which are very
dependent upon the funding they receive from Department of Housing and
Urban Development for their local housing programs. Under this bill,
the funding for native American housing assistance will be provided to
tribes through block grants for operation, modernization, and new
development through a new funding formula. For fiscal year 1997, this
legislation provides for hold harmless funding for small tribes like
those in Nevada. During fiscal year 1997, the tribes will work with HUD
through a negotiated rulemaking procedure to implement this act, and
develop the funding allocation.
Tribes in my home State have raised concerns that the current hold
harmless provision might disadvantage small tribes that received no
modernization funding in fiscal year 1996, and that a technical
correction may be necessary to ensure their funding level is indeed
held harmless.
Mr. MACK. Mr. President, as the Senator from Nevada stated, H.R. 3219
includes language to specifically require the allocation formula will
provide for the continuing operation and modernization needs of
existing housing units. This provision is to hold harmless all native
American housing authorities or tribes from unanticipated consequences
of a new formula, while the tribes are guaranteed the opportunity to
participate in determining the funding allocation through negotiated
rulemaking with HUD.
If a technical correction is needed to ensure that small tribes and
Indian housing authorities are held harmless during this negotiated
rulemaking process, I will work with the Senator from Nevada to seek
such correction early in the next Congress.
Mr. BRYAN. Mr. President, I appreciate the willingness of the Senator
from Florida to deal with this issue expeditiously in the next
Congress, if it is necessary to ensure that tribes which might be
negatively affected by this bill will have their concerns addressed.
Mr. LOTT. Mr. President, I ask unanimous consent that the bill be
deemed read a third time and passed, the motion to reconsider be laid
upon the table, and that any statements relating to the bill appear at
the appropriate point in the Record.
The PRESIDING OFFICER. Without objection, it is so ordered.
The bill (H.R. 3219) was deemed read a third time, and passed.

____________________