TITLE: Support the Establishment of a Tribal Advisory Committee at the Department of Housing and Urban Development
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 recognized in a federal statute; and
WHEREAS, HUD published their 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, paragraph C of Section IV states that it is necessary for HUD to establish Tribal Advisory Committees from which ONAP is to solicit advice and recommendations, and to involve tribes in decision-making and policy development, with meetings to occur at least annually or more frequently as needed; and
WHEREAS, the creation of the Tribal Advisory Committees is a separate process from the creation of Negotiated Rulemaking Committee, which are convened to promulgate regulations to implement statutory provisions and are governed by the Negotiated Rulemaking Act.
NOW THEREFORE BE IT RESOLVED, that the NCAI does hereby call upon the Department of Housing and Urban Development to follow their Tribal Consultation Policy and establish and support Tribal Advisory Committees to increase consultation and collaboration with tribal governments on a regular basis when policies, programs, or actions have tribal implications; and
BE IT FURTHER RESOLVED, that this resolution shall be the policy of NCAI until it is withdrawn or modified by subsequent resolution.