TITLE: Support of Retaining the Training and Technical Assistance Program within the Office of Native American Programs
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 and Urban Development’s (HUD) Department of Policy, Development and Research (PD&R) states that its mission is to inform policy development and implementation to improve life in American communities through conducting, supporting, and sharing research, surveys, demonstrations, program evaluations, and best practices; this mission does not support the intent of the training and technical assistance program; and
WHEREAS, President William Jefferson Clinton on November 6, 2000 issued Executive Order 13175 reinforced by Presidential Memorandum on Tribal Consultation by President Barack Obama (November 5, 2009) that stated in Section 5:
“Consultation. (a) Each agency shall have an accountability process to ensure meaningful and timely input by tribal officials in the development of regulatory policies that have tribal implications. Within 30 days after the effective date of this order, the head of each agency shall designate an official with principal responsibility for the agency’s implementation of this order. Within 60 days of the effective date of this order, the designated official shall submit to the Office of Management and Budget (OMB) a description of the agency’s consultation process:” and
WHEREAS, in accordance with Executive Order 13175, 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 additionally, 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 tribes(s) and take affirmative steps to consult and collaborate directly with the tribe(s) or its (their) designee:” and
WHEREAS, the proposed movement of the Training and Technical Assistance (T&TA) Program from Office of Native American Programs to PD&R has significant implications, and has been proposed without government-to-government consultations, directly contradicting HUD’s own Tribal Government-to-Government Consultation policy.
NOW THEREFORE BE IT RESOLVED, that the National Congress of American Indians does hereby strongly oppose any attempts to move the HUD T&TA Program or any associated funding from HUD Office of Native American Programs to HUD’s Office of Policy, Development and Research without proper tribal consultation by HUD in accordance to Executive Order 13175; 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.