production of such units. This particular process neglected to take into account the increasing population of tribes and has resulted in a failure to maintain a sufficient level in meeting the housing shortage on Indian reservations. It is my recommendation, and I am sure a recommendation of other tribes, that the subcommittee review the possibility of delegating the total development and funding process to one agency. This will include the planning, funding and developing of houses, roads, water, and sanitation facilities under one contract. To comment further on the interdepartmental agreement: Misunderstandings have occurred; the agreement is not detailed enough to be clear on the responsibilities on Bureau of Indian Affairs in providing access roadways. General statements are contained in the agreement, which leads to confusion in interpretation of the service to be provided by the Bureau of Indian Affairs in certain housing developments. Clarity is needed in defining the scope of services applicable to subdivision sites with contiguous lots; to clusters of contiguous lots; to noncontiguous lots in a scattered arrangement. In any event, there are no directions to BIA field personnel to define the extent of their financial involvement. In general then, the final decisions are left to the discretion of BIA field staff, who must rely on their handbook guidelines. In addition, there is no definition of an all-weather access road. Does an all-weather access roadway mean a paved road? A graveled road? A bladed-dirt road? The agreement perhaps should define an acceptable access roadway for coordination purposes. Also, if paved streets are provided as a part of a subdivision development, no provisions are set forth in the agreement for dedication of those streets for long-term maintenance to the BIA Branch of Roads. Relative to the responsibilities of the Indian Health Service, the agreement is definitive as to the responsibilities of the Indian Health Service in the provision of water and sewer systems. Indian Health Service cooperation and working relationships with housing authorities to date have been acceptable. Another area of concern is project prototype cost limits. The purpose of project prototype cost limits is to establish limits of cost for dwelling construction and dwelling equipment. HUD regulates these limits, which are updated annually. The processes of establishing and updating these limits are cumbersome and lengthy, which result in cost limits that are very rapidly outdated. The current inflation rate in our area in the construction industry is at 12 percent per month, or 18 percent per year. By the time the project prototype cost limit is updated, the cost limit is already 18 percent too low. This is one of the main reasons that contracts cannot be awarded, bids come in over what HUD has allotted for the project. Then, when the housing authority rebids, costs are still rising at 112 percent per month, making it even more difficult to award a contract. Since the regulations are based upon statute, it may be next to impossible to eliminate the cost limits mandated by law. But it may be possible to effect changes in the regulations to accomplish the objective of limiting costs by a method other than the use of project prototype cost limits, such as establishing a criteria which would recognize the abnormally high costs associated with building in a remote reservation area. It is my understanding that most tribes which are not located near an urban complex suffer this same difficulty. Another area of concern is the processing of requisitions. When a contract is finally awarded, the housing authority requisitions funds based on cash forecasts. The two methods of obtaining money are by direct advance, which is repaid by a note sale. The Indian housing authority fills out requisitions for funds and sends to their area office for review. After the area reviews these documents, they are sent to the regional office for still another review. After this review has been accomplished, the documents are sent to the Treasury Department, who process the requisitions by sending money to the appropriate bank if the note sale was a success. If the note sale fails, there is a lengthy delay. This delay leads to claims by contractors against the local authority and confusion in the orderly completion of the housing project. We point to the recommendation that more approval authority be delegated to the area offices. This will eliminate many time-consuming delays, which are costly to our projects. In closing, I would like to stress that in the past the Mescalero Apache Tribe had demonstrated its ability to work within the complex process of Government regulations and, to a degree, has also learned to be patient with the present bureaucracy of these agencies. However, there comes a point in time when we become impatient with the constant, nonproductive measures these agencies impose on our people. It is my sincere hope that the Subcommittee on Housing and Community Development will take into consideration the problem areas I presented here today. [Mr. Chino presented two prepared statements for inclusion in the record. The first statement is in regard to recommendations on housing problems for the Mescalero Apache Tribe and the second statement on behalf of the National Tribal Chairmen's Association. The statements follow:] TESTIMONY OF MR. WENDELL CHINO PRESIDENT MESCALERO APACHE TRIBE AND NATIONAL TRIBAL CHAIRMAN'S ASSOCIATION BEFORE THE SUBCOMMITTEE ON HOUSING AND COMMUNITY DEVELOPMENT OF THE COMMITTEE ON BANKING, FINANCE AND URBAN AFFAIRS HOUSE OF REPRESENTATIVES UNITED STATES CONGRESS FEBRUARY 20, 1980 MY NAME IS WENDELL CHINO; I AM PRESIDENT OF THE MESCALERO APACHE TRIBE AND PRESIDENT OF THE NATIONAL TRIBAL CHAIRMAN'S ASSOCIATION. THE MESCALERO APACHE TRIBE IS ORGANIZED UNDER THE PROVISIONS OF THE INDIAN REORGANIZATION ACT. THE TRIBE IS LOCATED IN THE SOUTH CENTRAL PART OF THE STATE OF NEW MEXICO. I APPRECIATE THIS OPPORTUNITY TO EXPRESS MY CONCERNS AND OFFER MY RECOMMENDATIONS ON HOUSING PROBLEMS FOR THE MESCALERO APACHE TRIBE AND OTHER AMERICAN INDIAN TRIBES. ECONOMIC PROGRESS AND RESOURCE DEVELOPMENT IN ANY COMMUNITY CAN ONLY COME WHEN THE SOCIAL AND ENVIRONMENTAL NEEDS OF THE PEOPLE ARE MET. UNSAFE, UNSANITARY AND SUB-STANDARD HOUSING WAS AND UNFORTUNATELY IS THE NORM ON INDIAN RESERVATIONS TODAY WHICH RESULT IN ENVIRONMENTAL CONDITIONS WHICH KEEP THE HUMAN RESOURCES OF THE TRIBES IN A VERY DEPRESSED STATE OF DEVELOPMENT. THE IMPROVEMENT OF THE SOCIAL AND THE ENVIRONMENTAL CONDITIONS OF THE RESERVATIONS MUST BE ACCOMPLISHED CONCURRENTLY WITH THE IMPROVEMENT OF ECONOMIC CONDITIONS AND RESOURCE DEVELOPMENT. THE HISTORY OF CONGRESSIONAL RECOGNITION OF THE HOUSING PROBLEMS ON INDIAN RESERVATIONS HAS NOT BEEN GOOD. UNTIL MY TRIBE WAS SUCCESSFUL IN HAVING LEGISLATION INTRODUCED AND PASSED IN THE MID-1960's, INDIAN TRIBES WERE SPECIFICALLY EXCLUDED FROM THE FEDERAL HOUSING PROGRAMS, STARTED FOR THE REST OF THE NATION IN THE MID-1930's. THIS HAS RESULTED IN A THIRTY-YEAR DEFICIT IN HOUSING THAT IS ONLY NOW STARTING TO BE ADDRESSED. I BELIEVE THAT THE CONGRESS HAS MADE A START IN MEETING THIS NEED, BUT AS I SHALL DISCUSS LATER, THE DELIVERY METHODS NEED SEVERE MODIFICATION IF THE MANDATE OF THE CONGRESS IS GOING TO BE MET AND THE ULTIMATE CONSTRUCTION OF SAFE, SANITARY AND DECENT HOUSING IS TO BECOME A REALITY ON MY RESERVATION AND THE OTHER RESERVATIONS ACROSS THIS GREAT LAND. WE ARE STARTING THIRTY-YEARS BEHIND THE REST OF THE NATION AND GREATER EFFORT IS GOING TO BE NEEDED TO RETIRE THE INDIAN HOUSING DEFICIT, DESPITE THE EFFORTS OF OUR INDIAN HOUSING AUTHORITIES TO PROVIDE SAFE, DECENT AND SANITARY HOUSING IN THE MOST EFFICIENT MANNER POSSIBLE, WE ARE STILL EXPERIENCING DIFFICULTIES IN MEETING OUR GOALS FOR SATISFACTORY DELIVERY OF UNITS FOR OUR INDIAN PEOPLE. ONE MAJOR AREA OF CONCERN IS IN THE DEVELOPMENT PHASE FOR SUCH HOUSES. ON AN AVERAGE, IT TAKES APPROXIMATELY 2 1/2 YEARS TO PRODUCE HOUSING ON A RESERVATION BECAUSE OF THE LENGTHY PROCESS CALENDAR OF THE BUREAU OF INDIAN AFFAIRS, INDIAN HEALTH SERVICE AND THE DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT. SINCE THE BIRTH OF THE TRI-PARTY AGREEMENT AMONG THESE THREE AGENCIES, WE HAVE ENCOUNTERED "NEGATIVE COORDINATION" WHICH PROLONGS THE PRODUCTION OF SUCH UNITS. THIS PARTICULAR PROCESS NEGLECTED TO TAKE INTO ACCOUNT THE INCREASING POPULATION OF TRIBES AND HAS RESULTED IN A FAILURE TO MAINTAIN A SUFFICIENT LEVEL IN MEETING THE HOUSING SHORTAGES ON INDIAN RESERVATIONS. IT IS MY RECOMMENDATION, AND I AM SURE A RECOMMENDATION OF OTHER TRIBES, THAT THE SUB-COMMITTEE OF HOUSING FOR INDIAN TRIBES REVIEW THE PRESENT DEVELOPMENT PROCESS OF ALL THREE AGENCIES INVOLVED. IT IS ALSO MY RECOMMENDATION THAT THE SUB-COMMITTEE REVIEW THE POSSIBILITY OF DELEGATING THE TOTAL DEVELOPMENT AND FUNDING PROCESS TO ONE AGENCY. THIS WILL INCLUDE THE PLANNING, FUNDING AND DEVELOPING OF HOUSES, ROADS, WATER, AND SANITATION FACILITIES UNDER ONE CONTRACT. TO COMMENT FURTHER ON THE INTERDEPARTMENTAL AGREEMENT: MISUNDERSTANDINGS HAVE OCCURRED; THE AGREEMENT IS NOT DETAILED ENOUGH TO BE |