TITLE: Opposition to the Department of Housing and Urban Development Transferring NAHASDA Funds to the Transformation Initiative for Training and Technical Assistance
WHEREAS, we, the members of the National Congress of American Indians of the United States, invoking the divine blessing of the Creator upon our efforts and purposes, in order to preserve for ourselves and our descendants the inherent sovereign rights of our Indian nations, rights secured under Indian treaties and agreements with the United States, and all other rights and benefits to which we are entitled under the laws and Constitution of the United States, to enlighten the public toward a better understanding of the Indian people, to preserve Indian cultural values, and otherwise promote the health, safety and welfare of the Indian people, do hereby establish and submit the following resolution; and
WHEREAS, the National Congress of American Indians (NCAI) was established in 1944 and is the oldest and largest national organization of American Indian and Alaska Native tribal governments; and
WHEREAS, housing opportunities are among the most significant for Indian Country in advancing sovereignty, and developing prosperous, healthy communities and economies; and
WHEREAS, NAHASDA was landmark legislation because, for the first time under any HUD program, the right to self-governance and self-determination for tribes was formally recognized in a federal statute; and
WHEREAS, the enactment of Section 703 of NAHASDA implements the original spirit and intent of NAHASDA, whereby tribes control and design programs and services to meet their housing needs; and
WHEREAS, NAHASDA Section 703 states that funds shall be appropriated each year for a national organization representing Native American housing interests for providing training and technical assistance to Indian housing authorities and tribally designated housing entities, so that tribes can oversee and control the delivery of tribal-specific training and technical assistance to meet their needs; and
WHEREAS, HUD published its Tribal Government-to-Government Consultation policy on September 28, 2001 with the purpose to “enhance communication and coordination between HUD and federally recognized Indian tribes;” and
WHEREAS, Section IV of the policy states that “when proposed federal government policies, programs or actions are determined by HUD as having tribal implications, HUD will notify the affected tribe(s) and take affirmative steps to consult and collaborate directly with the tribe(s) or its (their) designee; and
WHEREAS, beginning in 2011 and in the following years, up to and including FY 2014, the HUD “Transformation Initiative,” has been presented to Congress. This Transformation Initiative would require a portion of HUD’s budget, including appropriations for the Indian Housing Block Grant program – be transferred to the Transformation Initiative to provide general HUD programs, including a one-size-fits-all training and technical assistance program for Indian Country; and
WHEREAS, the provision of training and technical assistance to Indian Country through the HUD Transformation Initiative would be an ineffective and unresponsive means of delivering such services, directly contrary to the “self-determination” emphasis of NAHASDA and specifically Section 703; and
WHEREAS, the provision of training and technical assistance to Indian Country through the HUD Transformation Initiative will have significant tribal implications, yet HUD has never conducted any government-to-government negotiations with the tribes over this proposal; and
WHEREAS, each year since 2006, tribes have passed resolutions and have urged Congress to continue to implement the letter and spirit of NAHASDA by designating a portion of Indian Housing Block Grant funds to the National American Indian Housing Council to provide tribal-specific training and technical assistance.
NOW THEREFORE BE IT RESOLVED, that the NCAI urges Congress and the Department of Housing and Urban Development to honor and implement Section 703 of NAHASDA and provide to a national organization such amounts necessary for training and technical assistance to tribes, housing authorities, and tribally designated housing entities; and
BE IT FURTHER RESOLVED, that training and technical assistance from HUD to Indian Country should not be funded through the Transformation Initiative, and that no funds from the Indian Housing Block Grant should be transferred to the Initiative for this or any other purpose; and
BE IT FURTHER RESOLVED that the NCAI does hereby call upon the Department of Housing and Urban Development to consult with tribes before proposing to transfer any NAHASDA funds to the Transformation Initiative; and
BE IT FINALLY RESOLVED, that this resolution shall be the policy of NCAI until it is withdrawn or modified by subsequent resolution.