TITLE: Requesting U.S. Department of Housing and Urban Development Office of Native American Programs to Abide by the Notice and Hearing Requirements of 24 CFR 1000
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, the Native American Housing and Self-Determination Act (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 401(a)(1) of NAHASDA (Remedies for noncompliance: Actions by Secretary affecting grant amounts), implements the original spirit and intent of NAHASDA, whereby tribes are to be provided with reasonable notice and opportunity for a hearing before U.S. Department of Housing and Urban Development (HUD) may restrict, reduce, or limit a recipient’s Indian Housing Block Grant (IHBG) funding based on a finding of substantial non-compliance; and
WHEREAS, the Line of Credit Control (LOCCS) is an automated payment system used by HUD to provide grant recipients a system to request funds, and provides disbursements for the majority of HUD programs; and
WHEREAS, for many years the HUD Office of Native American Programs has used a process known as the LOCCS edit to limit a recipient’s access to funds when HUD unilaterally determines – with no opportunity for a hearing – that there has been some non-compliance; and
WHEREAS, imposing the limitations of a LOCCS edit on a recipient’s funding without the opportunity for a hearing required by NAHASDA Section 401(a)(1) is inconsistent with the statute and contrary to law, and interferes with tribal self-governance and self-determination; and
WHEREAS, HUD has been successfully sued for trying to implement a similar limitation on other non-Indian housing programs that contain nearly identical language requiring an opportunity for a hearing before such a limitation is imposed; and
WHEREAS, the imposition of the LOCCS edit limitation imposes substantial administrative and fiscal burdens on the operations of tribal housing programs, and unduly interferes with the efficient and self-determined operation of such program by the tribes.
NOW THEREFORE BE IT RESOLVED that the National Congress of American Indians request that the Department of Housing and Urban Development immediately cease and desist using the “LOCCS edit” or any similar method to limit funding without providing notice and opportunity for a hearing as required by NAHASDA Section 401(a)(1); and
BE IT FINALLY RESOLVED, that this resolution shall be the policy of NCAI until it is withdrawn or modified by subsequent resolution.
CERTIFICATION
The foregoing resolution was adopted by the General Assembly at the 2016 Midyear Session of the National Congress of American Indians, held at the Spokane Convention Center, June 27 to June 30, 2016, with a quorum present.