Indian Housing Act of 1988

(Reported to Senate from the Select Committee on Indian Affairs with amendment, S. Rept. 100-344)

Indian Housing Act of 1988 - Amends the United States Housing Act of 1937 to establish a separate assisted housing program for Indians and Alaska Natives.

States that: (1) current public housing provisions shall continue to apply to federally assisted Indian housing; and (2) future provisions shall not apply to such housing unless explicitly provided for.

Exempts Indian housing authorities (IHAs) from certain requirements under the Housing and Urban-Rural Recovery Act of 1983 regarding pet ownership in assisted housing for the elderly or handicapped.

Directs the Secretary of Housing and Urban Development to carry out a mutual help homeownership opportunity program (program) for Indians and Alaska Natives, including non-lower income families. Authorizes the Secretary to provide financial assistance to IHAs for such purpose.

Makes single-family dwellings eligible for program assistance. Authorizes cooperative ownership as an eligible form of program ownership.

Authorizes up to ten percent of a project's dwellings, or five dwelling units, whichever is higher, to be used for non-lower income families on Indian reservations or other Indian areas if there is a need for such housing that cannot otherwise be met. Authorizes assistance to a non-Indian family if such family is essential to the well-being of Indian families and housing needs cannot otherwise be met.

Requires a participating family to enter into a mutual help and occupancy agreement with the IHA which shall provide for: (1) family contribution of at least $1,500 in land, cash, labor, or materials (which may, except for labor, be contributed by the tribe); (2) monthly payments of the higher of either a percentage of adjusted income minus utilities, or the non-federally subsidized portion of the dwelling's operating expenses; (3) family responsibility for maintenance and utilities; and (4) homeownership opportunities.

Directs the Secretary to establish a self-help housing program for projects assisted under this Act. Requires participating families to make labor contributions similar to those of the mutual self-help housing program under the Housing Act of 1949. Provides for technical and supervisory assistance to participating families. Permits IHAs to apply for the self-help housing program.

Authorizes the Secretary to: (1) consider logistical problems and the availability of skilled labor and acceptable materials in determining maximum contributions to IHA projects; and (2) ensure provision, through the Interdepartmental Agreement on Indian Housing, of roads, electricity, and other facilities necessary for Indian housing projects.

Requires IHAs to provide project accessibility for handicapped persons.

Requires the Department of Housing and Urban Development annual report to include evaluations of Indian housing, including housing for Native Hawaiians.

Directs the Secretary to consult with IHAs to develop implementing regulations under this Act.

States that any recaptured Indian housing funds shall be available only for such housing.

Excludes from the definition of "adjusted income" for purposes of such Act up to $25 per week of employment or education related travel for families receiving IHA assistance.

Excludes from the definition of "income" dividends or other payments received from the Alaska Permanent Fund by children under the age of 18.

Includes IHAs in the definition of "public housing agency."

Defines "Indian" to mean any person recognized as being an Indian or Alaska Native by an Indian tribe, the Federal Government, or any State.

Defines the following terms: (1) Indian area; (2) Indian housing authority; and (3) Indian tribe.

States that: (1) references to Alaska Indians, Aleuts, and Eskimos in this Act shall not grant or defer any status or powers other than those enumerated in this Act; and (2) nothing in this Act shall validate or invalidate any claim by Alaskan Natives of sovereign authority over lands or people.