[Congressional Record Volume 142, Number 141 (Thursday, October 3, 1996)]
[Senate]
[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.

                          ____________________