Indian Housing Act of 1988
PL 100-358 (H.R.3927), enacted 06/29/1988

102 STAT. 676 
PUBLIC LAW 100-358—JUNE 29, 1988 
Public Law 100-358 
100th Congress 
An Act 
June 29, 1988 
[H.R. 3927] 
Indian 
Housing Act 
of 1988. 
42 use 1437aa 
note. 
To amend the United States Housing Act of 1937 to establish a separate program to 
provide housing assistance for Indians and Alaska Natives. 
Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the "Indian Housing Act of 1988". 
SEC. 2. ESTABLISHMENT OF SEPARATE PROGRAM OF ASSISTED HOUSING 
FOR INDIANS AND ALASKA NATIVES. 
The United States Housing Act of 1937 is amended by adding at 
the end the following new title: 
"TITLE II—ASSISTED HOUSING FOR 
INDIANS AND ALASKA NATIVES 
42 use 1437aa. 
eontracts. 
Animals. 
Aged persons. 
Handicapped 
persons. 
42 use 1437bb. 
"SEC. 201. ESTABLISHMENT OF SEPARATE PROGRAM OF ASSISTED HOUS-
ING FOR INDIANS AND ALASKA NATIVES. 
"(a) GENERAL AUTHORITY.—The Secretary shall carry out pro-
grams to provide lower income housing on Indian reservations and 
other Indian areas in accordance with the provisions of this title. 
"(b) APPUCABILITY OF TITLE I.— 
"(1) IN GENERAL.—Except as otherwise provided in this title, 
the provisions of title I shall apply to lower income housing 
developed or operated pursuant to a contract between the Sec-
retary and an Indian housing authority. 
"(2) PuBuc HOUSING.—No provision of title I (or of any other 
law specifically modifying the public housing program under 
title I) that is enacted after the date of the enactment of the 
Indian Housing Act of 1988 shall apply to public housing devel-
oped or operated pursuant to a contract between the Secretary 
and an Indian housing authority, unless the provision explicitly 
provides for such applicability. 
"(c) iNAPPucABiLrrv O
F (I!ERTAIN REQUIREMENTS.—Lower income 
housing developed or operated pursuant to a contract between the 
Secretary and an Indian housing authority shall not be subject to 
section 227 of the Housing and Urban-Rural Recovery Act of 1983 
(relating to pet ownership in assisted housing for the elderly or 
handicapped). 
"SEC. 202. M
U
T
U
A
L HELP HOMEOWNERSHIP OPPORTUNITY PROGRAM. 
"(a) ESTABLISHMENT.—The Secretary shall carry out a mutual 
help homeownership opportunity program for Indian families in 
accordance with this section. The program shsdl be deigned to n^eet 
the homeownership needs of Indian families on Indian reservations 
PUBLIC LAW 100-358—JUNE 29, 1988 
102 STAT. 677 
Energy. 
Conservation. 
and other Indian areas, including Indian families whose incomes 
exceed the levels established for lower income families. 
"(b) FINANCIAL ASSISTANCE.—The Secretary may, to the extent 
Contracts. 
provided in appropriation Acts, enter into contracts with Indian 
housing authorities under title I to provide financial assistance for 
the development, acquisition, operation, and improvement of hous-
ing projects under this section. 
"(c) EuGiBLE PROJECTS.— 
"(1) PROJECT TYPES.—Projects for which assistance may be 
provided under this section may include single-family detached 
dwellings and other single-family dwellings (including row 
houses). 
"(2) FORMS OF OWNERSHIP.—In addition to fee simple owner-
ship and other forms of ownership, the Secretary may permit 
and facilitate cooperative ownership for any project assisted 
under this section, if the Indian housing authority requests 
cooperative ownership and the Secreta^ry determines such 
ownership to be appropriate for the project. 
"(3) PROPERTY STANDARDS.—Property standards for projects 
assisted under this section shall be established by regulation, in 
accordance with section 205. The standards shall— 
"(A) provide sufficient flexibility to permit the use of 
different designs and materials; and 
"(B) include cost-effective energy conservation perform-
ance standards designed to ensure the lowest total construc-
tion and operating costs. 
"(d) EuGiBLE FAMIIJES.— 
"(1) IN GENERAL.—Except as provided in paragraph (2), assist-
ance under this section shall be limited to Indian lower income 
families on Indian reservations and other Indian areas. 
"(2) EXCEPTION.— 
"(A) DEMONSTRATED NEED.—An Indian housing authority 
may provide assistance under this section to families on 
IncQan reservations and other Indian areas whose incomes 
exceed the levels established for lower income families, if 
the Indian housing authority demonstrates to the satisfac-
tion of the Secretary that there is a need for housing for 
such families that cannot reasonably be met without such 
assistance. An Indian housing authority may provide assist-
ance under this section to any non-Indian family on an 
Indian reservation or other Indian area if the Indian hous-
ing authority determines that the presence of the family on 
the Indian reservation or other Indian area is essential to 
the well-being of Indian families and the need for housing 
for the family cannot reasonably be met without such 
assistance. 
"(B) LIMITATION ON NUMBER OF UNITS.—The number of 
dwelling units in any project assisted under this section 
that may be occupied by or reserved for families on Indian 
reservations and other Indian areas whose incomes exceed 
the levels established for lower income families may not 
exceed whichever of the following is higher: 
"(i) 10 PERCENT.—10 percent of the dwelling units in 
the project. 
"(ii) 5 UNITS.—5 dwelling units. 
"(e) MUTUAL HELP AND OCCUPANCY AGREEMENT.—Each Indian 
housing authority operating a program under this section shall 
102 STAT. 678 
PUBLIC LAW 100-358—JUNE 29, 1988 
require each family selected for housing under this section to enter 
into a mutual help and occupancy agreement. The agreement shaJl 
provide the following: 
"(1) FAMILY CONTRIBUTION.— 
"(A) GENERAL REQUIREMENT.—The family shall agree to 
contribute toward the development cost of a project in the 
form of land, labor, cash, or materials or equipment. The 
value of the contribution of each family shall not be less 
than $1,500. 
"(B) CONTRIBUTION BY INDIAN TRIBE.—Contributions other 
than labor may be made by an Indian tribe on behalf of a 
family. 
"(2) MONTHLY PAYMENT.— 
"(A) CALCULATION.—The family shall agree to make a 
monthly payment to the Indian housing authority that is 
equal to whichever of the following is higher: 
"(i) PERCENTAGE OF ADJUSTED INCOME.—An amount 
computed by— 
"(I) multiplying the monthly adjusted income of 
the family by a percentage that is not less than 15 
percent and not more than 30 percent, as deter-
mined by the Indian housing authority to be 
appropriate; and 
"(II) subtracting the estimated monthly pay-
ments of the family for the reasonable use of 
utilities (excluding telephone service), 
"(ii) ADMINISTRATION CHARGE.—The amount budg-
eted by the Indian housing authority for monthly 
operating expenses on the dwelling of the family, 
excluding any operating cost for which operating assist-
ance is provided by the Secretary under section 9. 
"(B) OTHER APPUCABLE LAW.—Monthly pajmients under 
this section shall be subject to section 203 of the Housing 
and Community Development Act of 1974. 
"(3) MAINTENANCE AND UTILITIES.—The family shall be 
responsible for the maintenance and monthly utility expenses 
of the dwelling. The Indian housing authority shall have in 
effect procedures determined by the Secretary to be sufficient 
for ensuring the timely periodic maintenance of the dwelling by 
the family. 
Contracts. 
"(4) HoMEOWNERSHiP OPPORTUNITIES.—The Indian housing 
authority shall afford the family an opportunity to purchase the 
dwelling under a lease-purchase, mortgage, or loan agreement 
with the Indian housing authority or any other qualified entity, 
if the Indian housing authority determines (in accordance with 
objective standards and procedures established by the Secretary 
after consultation with Indian housing authorities) that the 
family is able to meet the obligations of homeownership. 
"(f) SELF-HELP HOUSING PROGRAM.— 
"(1) ESTABLISHMENT.—The Secretary shall establish a self-
help housing prc^am for projects assisted under this section. 
"(2) REQUIREMENTS.—In the case of any project approved by 
the Secretary for participation in the self-help 
housing 
program— 
"(A) each family shall make a contribution under subsec-
tion (eXD in the form of labor in accordance with labor 
contribution requirements similar to the requirements ap-
PUBLIC LAW 100-358—JUNE 29, 1988 
102 STAT. 679 
plicable under the mutual self-help housing program estab-
lished in section 523 of the Housing Act of 1949; and 
"(B) the Secretary shall provide each family with tech-
nical and supervisory assistance similar to the assistance 
available under the mutual self-help housing program 
established in section 523 of the Housing Act of 1949. 
"(3) APPUCATIONS.—Any Indian housing authority 
may 
submit an application to the Secretary for inclusion of a project 
assisted under this section in the self-help housing program. 
"SEC. 203. ADDITIONAL PROVISIONS. 
"(a) PuBuc HOUSING MAXIMUM CONTRIBUTIONS.—In determining 
the maximum contributions that may be made by the Secretary to 
an Indian housing authority for development of a public housing 
project (including a mutual help homeownership opportunity 
project under this title), the Secretary shall consider all relevant 
factors, including— 
"(1) the logistical problems associated with projects of remote 
location, low density, or scattered sites; and 
"(2) the availability of skilled labor and acceptable materials. 
"(b) RELATED FACILITIES AND SERVICES.—The Secretary shall take 
such actions as may be necessary to ensure the timely and efficient 
provision, through the Interdepartmental Agreement on Indian 
Housing, of any roads, water supply and sewage facilities, and 
electriwd and fuel distribution systems that are required for comple-
tion and occupancy of public housing projects sissisted under this 
title (including mutual help homeownership opportunity projects). 
"(c) ACCESSIBILITY TO PHYSICALLY HANDICAPPED PERSONS.—The 
Secretary shall, in accordance with Public Law 90-480 (42 U.S.C. 
4151 et seq.; commonly known as the Architectural Barriers Act of 
1968) and other applicable law, require each Indian housing author-
ity to give proper consideration to the needs of physically handi-
capped persons for ready access to, and use of, lower income housing 
assisted under this title. 
"SEC. 204. ANNUAL REPORT. 
"The Secretary shall include in the annual report under section 8 
of the Department of Housing and Urban Development Act— 
"(1) a description of the actions taken to carry out the provi-
sions of the Housing and Community Development Act of 1987 
that relate to Indian housing; 
"(2) an evaluation of the status of the program of single-
family mortgage insurance for Indians and Alaska Natives 
under section 248 of the National Housing Act; 
"(3) an assessment of the housing needs of native Hawaiians 
and an evaluation of current Federal programs designed to 
meet the needs, including programs of housing assistance for 
lower income families and the program of single-family mort-
gage insurance for native Hawaiians under section 247 of the 
National Housing Act; 
"(4) recommendations for resolving concerns relating to 
Indian housing authorities that are authorized to serve both 
Indians and non-Indians; and 
"(5) a description of actions taken to ensure the timely and 
efficient provision, through the Interdepartmental Agreement 
on Indian Housing, of any roads, water supply and sewage 
facilities, and electrical and fuel distribution systems that are 
42 u s e 1437CC. 
Highways. 
Water. 
Waste disposal. 
Utilities. 
42 use 1437dd. 
102 STAT. 680 
PUBLIC LAW 100-358—JUNE 29, 1988 
required for completion and occupancy of public housing 
projects assisted under this title (including mutual help 
homeownership opportunity projects). 
42 use 1437ee. 
"SEC. 205. REGULATIONS. 
*'(a) ISSUANCE.—The Secretary shall issue regulations to carry out 
this title and the amendments made by the Indian Housing Act of 
1988. The regulations shall be issued in accordance with suteections 
(b) through (e) of section 553 of title 5, United States Code. 
"(b) 
CONSULTATION WITH 
INDIAN 
HOUSING 
AUTHORITIES.—In 
formulating proposed r^^lations under this section, the Secretary 
shall consult with Indian housing authorities. 
"(c) EFFECTIVE DATE.—The Secretary shall issue regulations under 
this section to become effective before the expiration of the 90-day 
period beginning on the date of the enactment of the Indian Housing 
Act of 1988.". 
SEC. 3. CONTINUED AVAILABILITY OF FUNDS. 
42 use 1437c. 
Section 5(c) of the United States Housing Act of 1937 is amended 
by adding at the end the following new paragraph: 
"(8) Any amount available for Indian housing under subsection (a) 
that is recaptured shall be used only for such housing.". 
SEC. 4. DEFINITIONS. 
(a) ADJUSTED INCOME.—Section 3(bX5)(D) of the United States 
42 use 1437a. 
Housing Act of 1937 is amended— 
(1) by inserting "(i)" after "(D)"; and 
(2) by inserting before the period at the end the following: 
"; or (ii) excessive travel expenses, not to exceed $25 per family 
per week, for employment or education related travel, except 
that this clause shall apply only to families assisted by Indian 
housing authorities". 
(b) PuBuc HOUSING AGENCY.—Section 3(bX6) of the United States 
Housing Act of 1937 is amended by adding at the end the following: 
"The term includes any Indian housing authority.". 
(c) STATE.—Section 3(bX7) of the United States Housing Act of 
1937 is amended by striking all that follows "Indian tribes" and 
inserting a period. 
(d) INDIAN.—Section 3(b) of the United States Housing Act of 1937 
is amended by adding at the end the following new paragraph: 
"(9) The term 'Indian' means any person recognized as being an 
Indian or Alaska Native by an Indian tribe, the Federal Govern-
ment, or any State.". 
(e) INDIAN AREA.—Section 3(b) of the United States Housing Act 
of 1937 (as amended by subsection (d) of this section) is further 
amended by adding at the end of the following new paragraph: 
"(10) The term 'Indian area' means the area within which an 
Indian housing authority is authorized to provide lower income 
housing.". 
(0 INDIAN HOUSING AUTHORITY.—Section 30)) of the United States 
Housing Act of 1937 (as amended by subsection (e) of this section) is 
further amended by adding at the end the following new paragraph: 
"(11) The term 'Indian housing authority' means any entity that— 
"(A) is authorized to engage in or assist in the development or 
operation of lower income housing for Indians; and 
"(B) is established— 
1437s. 
PUBLIC LAW 100-358—JUNE 29, 1988 
102 STAT. 681 
"(i) by exercise of the power of self-government of an 
Indian tribe independent of State law; or 
"(ii) by operation of State law providing specifically for 
housing authorities for Indians, including regional housing 
authorities in the State of Alaska.". 
(g) INDIAN TRIBE.—Section 3(b) of the United States Housing Act 
of 1937 (as amended by subsection (f) of this section) is further 
amended by adding at the end the following new paragraph: 
"(12) The term 'Indian tribe' means any tribe, band, pueblo, group, 
community, or nation of Indians or Alaska Natives.". 
SEC. 5. CONFORMING AMENDMENTS TO TITLE I. 
The United States Housing Act of 1937 is amended by inserting 
42 use 1
4
3
7 
before section 1 the following title heading: 
"TITLE I—GENERAL PROGRAM OF 
ASSISTED HOUSING". 
SEC. 6. APPUCABIUTY. 
The Secretary of Housing and Urban Development may carry out 
pn^rams to provide lower income housing on Indian reservations 
and other Indian areas only in accordance with the amendments 
made by this Act, commencing on whichever of the following occurs 
earlier: 
(1) EFFECTIVE DATE OF REGULATIONS.—^The effective date of 
r^ulations issued under section 205 of the United States Hous-
ing Act of 1937. 
(2) 90 DAYS.—The expiration of the 90-day period beginning on 
the date of the enactment of this Act 
Approved June 29, 1988. 
LEGISLATIVE HISTORY—H.R. 3927 (S. 1987): 
HOUSE REPORTS: No. 100-604 (Comm. on Banking, Finance and Urban Affairs). 
SENATE REPORTS: No. 100-344 accompanying S. 1987 (Select Comm. on Indian 
Affairs). 
CONGRESSIONAL RECORD, Vol. 134 (1988): 
May 10, considered and passed House. 
June 10, considered and passed Senate.