Recommendations: N A T I O N A L C O N G R E S S O F A M E R I C A N I N D I A N S Resolutions Committee Recommendation Resolution #: ANC-14-029 Title: 113th Congress to Enact Exp the Provisions of HB 4277 4329 To Reauthorize NAHASDA, Particularly as Related to Establishing Timelines for HUD to Act Establishing Consequences for HUD s Failure to Act within those Timelines Comments: The intent of the resolution is NCAI membership to support several amendments to H.R. 4277 H.R. 4329, these two pieces of legislations reauthorizing the Native American Housing Self- Determination Reauthorization (NAHASDA) are currently being considered in Congress. The amendments include certain set of timelines enforcements that include the following: 1. The following National American Indian Housing Council s NAHASDA legislative proposals: Sec. 101: Waiver of Local Cooperation Agreement requirement (30 days) Sec. 102: Waiver of certain Indian Housing Plan Submission requirements, (45 days) Sec. 104: Waiver of certain Environmental Review requirements (45 days) Sec. 405: Issue a final monitoring report within 60 days of receiving tribe s/tdhe s comments on draft monitoring report 2. To also remove the following provision that were included in H.R. 4277 & H.R. 4329: Removal of the cap appropriations of NAHASDA at $650 million for Fiscal Years 2014-2019 with an increase to $ 1 billion over the 5 year authorization. To remove the 30% Adjustment Income Rule for rental housing. The removal of the 30% Adjustment Income Rule has been an historic ask for Indian Country but HUD has traditionally viewed NAHASDA similar to other Public Housing Programs. As such, which required 30% it has been difficult to establish a precedent by exempting Tribal Designated Housing Entities from the 30% Rule. NCAI passed resolution #REN-13-07, Support the Immediate Reauthorization of the Native American Housing Assistance Self Determination Act, this resolution with amended changes includes historic issues that have been requested by tribal leaders previously has not been included in the NAHASDA reauthorization. Edits were made to make the language more consistent in strengthening self-determination in NAHASDA to address what was not previously included in resolution #REN-13-07, Support the Immediate Reauthorization of the Native American Housing Assistance Self Determination Act. NCAI Resolutions Committee recommends to be considered with the suggested edits by the Housing Subcommittee. Sponsor a member in good sting (yes/no)?:
N A T I O N A L C O N G R E S S O F A M E R I C A N I N D I A N S The National Congress of American Indians Resolution #ANC-14-029 E XECUTIVE COMMITTEE PRESIDENT Brian Cladoosby Swinomish Indian Tribal Community FIRST VICE-PRESIDENT Michael O. Finley Confed. Tribes of Colville Reservation RECORDING SECRETARY Robert Shepherd Sisseton Wahpeton Oyate TREASURER Dennis Welsh Colorado River Indian Tribes R EGIONAL V ICE- P RESIDENTS ALASKA Jerry Isaac Tanana Chiefs Conference EASTERN OKLAHOMA S. Joe Crittenden Cherokee Nation GREAT PLAINS Leer McDonald Spirit Lake Tribe MIDWEST Aaron Payment Sault Ste. Marie Tribe of Chippewa Indians NORTHEAST Ry Noka Narragansett Tribe NORTHWEST Fawn Sharp Quinault Indian Nation PACIFIC Rosemary Morillo Soboba B of Mission Indians ROCKY MOUNTAIN Ivan Posey Eastern Shoshone Tribe SOUTHEAST Ron Richardson Haliwa-Saponi Indian Tribe SOUTHERN PLAINS Stephen Smith Kiowa Tribe of Oklahoma SOUTHWEST Manuel Heart Ute Mountain Ute Tribe WESTERN Arlan Melendez Reno Sparks Indian Colony EXECUTIVE DIRECTOR Jacqueline Johnson Pata Tlingit NCAI HEADQUARTERS 1516 P Street, N.W. Washington, DC 20005 202.466.7767 202.466.7797 fax www.ncai.org TITLE: 113 th Congress to Enact Exp the Provisions of HB 4277 4329 To Reauthorize NAHASDA, Particularly as Related to Establishing Timelines for HUD to Act Establishing Consequences for HUD s Failure to Act within those Timelines 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 purposes, in order to preserve for ourselves our descendants the inherent sovereign rights of our Indian nations, rights secured under Indian treaties agreements with the United States, all other rights benefits to which we are entitled under the laws Constitution of the United States, to enlighten the public toward a better understing of the Indian people, to preserve Indian cultural values, otherwise promote the health, safety welfare of the Indian people, do hereby establish submit the following resolution; WHEREAS, the National Congress of American Indians (NCAI) was established in 1944 is the oldest largest national organization of American Indian Alaska Native tribal governments; WHEREAS, the Native American Housing Assistance Self-Determination Act of 1996 (NAHASDA) was enacted to further Tribal self-governance, streamline simplify the process of providing housing assistance to Tribes Tribal members; WHEREAS, NAHASDA was reauthorized twice, in 2002 2008, but expired on September 30, 2013; WHEREAS, NWIHA has previously adopted a resolution to support the proposed NAHASDA reauthorization bill drafted circulated by the National American Indian Housing Council (NAIHC), which would reauthorize NAHASDA as well as adopt a series of amendments to the existing statute intended to make the NAHASDA statutory regulatory framework more efficient effective for tribes TDHEs; WHEREAS, among the amendments in the proposed NAIHC bill are a series of provisions that would establish timelines for HUD to act when presented with requests for action by a tribe or TDHE; WHEREAS, the NAIHC bill included the following timelines for HUD, with the consequence that a failure to act within that timeline would mean that the request by the tribe/tdhe would be deemed approved or, with regard to monitoring reports, that the findings would be deemed closed :
Sec. 101: Waiver of Local Cooperation Agreement requirement (30 days); Sec. 102: Waiver of certain Indian Housing Plan Submission requirements, (45 days); Sec. 104: Waiver of certain Environmental Review requirements (45 days); Sec. 405: Issue a final monitoring report within 60 days of receiving tribe s/tdhe s comments on draft monitoring report; WHEREAS, in July 2013, S. 1352, the NAHASDA reauthorization bill, was introduced in the Senate, S. 1352 contained a number of the NAIHC proposed amendments, but it did not include any of the items set out above; WHEREAS, in March 2014, NAHASDA reauthorization bills HR 4277 4329 were introduced in the House, both contained a majority of the provisions in the NAIHC proposed bill, including the items set out above, with the following differences: The timeline for each item was set at 60 days; A new timeline was added for HUD to respond to a request for a waiver of Total Development Cost caps under certain circumstances; Section 405 did not include the deemed closed provision merely set out a 60 day timeline); WHEREAS, imposing enforcing timelines on HUD in all the areas set out above is essential for ensuring efficient effective operation of the NAHASDA statutory regulatory framework; WHEREAS, both HR 4277 4329 cap appropriations for each of the fiscal years from 2014-2019 at $650 million for each of the fiscal years from 2014 to 2019, despite statistics gathered by the HUD that over 25 percent of American Indian housing units have severe housing needs, including (among other things), lack of basic plumbing or kitchen facilities, housing more than one person per room, bearing a cost burden of more than 50 percent of income; WHEREAS, the Congressional Budget Office prepared a cost estimate for Senate Bill 1352, which indicated that housing block grants would only be funded at an average of $650 million per year over the next five year reauthorization period, was woefully short of the need, estimated at a minimum of $1 billion per year by the National American Indian Housing Council; WHEREAS, under most HUD other Federal housing programs, tenants are only obligated to pay 30% of their adjusted income as rent (with the remainder subsidized by the Federal Government);, WHEREAS, the 30% rule has not changed since its inception since the 1937 Housing Act, even though rental markets housing in America has seen dramatic changes;, WHEREAS, a 2013 study published by the Joint Center for Housing Studies, Harvard University finds that nearly 50 percent of renters pay more than 30 percent of their income to rent housing - nearly double from the less than 1/4 of renters who paid that much in 1960;, Page 2 of 3
NOW THEREFORE BE IT RESOLVED, that NCAI does hereby urge the 113 th Congress of the United States to adopt the timeline enforcement provisions set out in HR 4277 4329, with the addition of the provision that the draft findings in a draft monitoring report would be deemed closed if HUD does not respond to the tribe s/tdhe s comments within 60 days (for Section 405); BE IT FURTHER RESOLVED, that NCAI does hereby urge the 113th Congress of the United States to reject the provisions of both HR 4277 4329 that cap appropriations at $650 million for each of the fiscal years from 2014-2019 based upon the severe housing needs in Indian country; BE IT FURTHER RESOLVED, Congress is urged to remove the 30% rule allow tribes to determine their own rental rates or rental burden percentage under Tribal Self Determination; BE IT FURTHER RESOLVED, that NCAI does hereby strongly support increased Congressional appropriations of at least $1 billion per year over the 5 year reauthorization period; BE IT FINALLY RESOLVED, that NCAI does hereby join the National American Indian Housing Council in supporting this Resolution. CERTIFICATION The foregoing resolution was adopted by the General Assembly at the 2014 Mid-Year Session of the National Congress of American Indians, held at the Dena'ina Civic & Convention Center, June 8-11, 2014 in Anchorage, Alaska, with a quorum present. President ATTEST: Recording Secretary Page 3 of 3
N A T I O N A L C O N G R E S S O F A M E R I C A N I N D I A N S E XECUTIVE COMMITTEE PRESIDENT Brian Cladoosby Swinomish Indian Tribal Community FIRST VICE-PRESIDENT Michael O. Finley Confed. Tribes of Colville Reservation RECORDING SECRETARY Robert Shepherd Sisseton Wahpeton Oyate TREASURER Dennis Welsh Colorado River Indian Tribes R EGIONAL V ICE- P RESIDENTS ALASKA Jerry Isaac Tanana Chiefs Conference EASTERN OKLAHOMA S. Joe Crittenden Cherokee Nation GREAT PLAINS Leer McDonald Spirit Lake Tribe MIDWEST Aaron Payment Sault Ste. Marie Tribe of Chippewa Indians NORTHEAST Ry Noka Narragansett Tribe NORTHWEST Fawn Sharp Quinault Indian Nation PACIFIC Rosemary Morillo Soboba B of Mission Indians ROCKY MOUNTAIN Ivan Posey Eastern Shoshone Tribe SOUTHEAST Ron Richardson Haliwa-Saponi Indian Tribe SOUTHERN PLAINS Stephen Smith Kiowa Tribe of Oklahoma SOUTHWEST Manuel Heart Ute Mountain Ute Tribe WESTERN Arlan Melendez Reno Sparks Indian Colony EXECUTIVE DIRECTOR Jacqueline Johnson Pata Tlingit NCAI HEADQUARTERS 1516 P Street, N.W. Washington, DC 20005 202.466.7767 202.466.7797 fax www.ncai.org The National Congress of American Indians Resolution #ANC-14-029 Suggested Edits TITLE: 113 th Congress to Enact Exp the Provisions of HB 4277 4329 To Reauthorize NAHASDA, Particularly as Related to Establishing Timelines for HUD to Act Establishing Consequences for HUD s Failure to Act within those Timelines To Support Tribal Housing Provisions in the NAHASDA Reuathorization 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 purposes, in order to preserve for ourselves our descendants the inherent sovereign rights of our Indian nations, rights secured under Indian treaties agreements with the United States, all other rights benefits to which we are entitled under the laws Constitution of the United States, to enlighten the public toward a better understing of the Indian people, to preserve Indian cultural values, otherwise promote the health, safety welfare of the Indian people, do hereby establish submit the following resolution; WHEREAS, the National Congress of American Indians (NCAI) was established in 1944 is the oldest largest national organization of American Indian Alaska Native tribal governments; WHEREAS, the Native American Housing Assistance Self-Determination Act of 1996 (NAHASDA) was enacted to further Tribal self-governance, streamline simplify the process of providing housing assistance to Tribes Tribal members; WHEREAS, NAHASDA was reauthorized twice, in 2002 2008, but expired on September 30, 2013; WHEREAS, tribal leaders helped draft NAHASDA to ensure Indian tribes to self-determine their own tribal housing programs to provide safe decent homes for their tribal members; WHEREAS, NCAI supports for the swift reauthorization of the NAHASDA (#REN-13-07- Support the Immediate Reauthorization of the Native American Housing Assistance Self Determination Act); WHEREAS, in addition to the NCAI Resolution #REN-13-07, there are key historic issues that have not been addressed in the NAHASDA reauthorization such as: Sec. 101: Waiver of Local Cooperation Agreement requirement (30 days); Sec. 102: Waiver of certain Indian Housing Plan Submission requirements, (45 days); Sec. 104: Waiver of certain Environmental Review requirements (45 days);
Sec. 405: Issue a final monitoring report within 60 days of receiving tribe s/tdhe s comments on draft monitoring report; The timeline for each item was set at 60 days; Under HUD other Federal housing programs, public housing tenants are only obligated to pay 30% of their adjusted income as rent (with the remainder subsidized by the Federal Government), the 30% rule has not changed since its inception since the 1937 Housing Act; WHEREAS, these issues would enable tribal governments tribally designated housing entities to further self-determination which was the main purpose of the passage of NAHASDA in 1996; WHEREAS, the US Department of Housing Urban Development reports that over 25 percent of American Indian housing units have severe housing needs, including (among other things), lack of basic plumbing or kitchen facilities, housing more than one person per room, bearing a cost burden of more than 50 percent of income; WHEREAS, the Congressional Budget Office prepared a cost estimate for the Senate s NAHASDA legislation which indicated that housing block grants would only be funded at an average of $650 million per year over the next five year reauthorization period, but it is woefully short to address the housing need, it is estimated NAHASDA needs to be funded at a minimum of $1 billion per year according to the National American Indian Housing Council; NOW THEREFORE BE RESOVLED, Congress is urged to recognize the selfdetermination that NAHASDA was intended to address historic issues which support tribes to further strengthen address housing in their tribal communities; WHEREAS, NWIHA has previously adopted a resolution to support the proposed NAHASDA reauthorization bill drafted circulated by the National American Indian Housing Council (NAIHC), which would reauthorize NAHASDA as well as adopt a series of amendments to the existing statute intended to make the NAHASDA statutory regulatory framework more efficient effective for tribes TDHEs; WHEREAS, among the amendments in the proposed NAIHC bill are a series of provisions that would establish timelines for HUD to act when presented with requests for action by a tribe or TDHE; WHEREAS, the NAIHC bill included the following timelines for HUD, with the consequence that a failure to act within that timeline would mean that the request by the tribe/tdhe would be deemed approved or, with regard to monitoring reports, that the findings would be deemed closed : Page 2 of 4
Sec. 101: Waiver of Local Cooperation Agreement requirement (30 days); Sec. 102: Waiver of certain Indian Housing Plan Submission requirements, (45 days); Sec. 104: Waiver of certain Environmental Review requirements (45 days); Sec. 405: Issue a final monitoring report within 60 days of receiving tribe s/tdhe s comments on draft monitoring report; WHEREAS, in July 2013, S. 1352, the NAHASDA reauthorization bill, was introduced in the Senate, S. 1352 contained a number of the NAIHC proposed amendments, but it did not include any of the items set out above; WHEREAS, in March 2014, NAHASDA reauthorization bills HR 4277 4329 were introduced in the House, both contained a majority of the provisions in the NAIHC proposed bill, including the items set out above, with the following differences: The timeline for each item was set at 60 days; A new timeline was added for HUD to respond to a request for a waiver of Total Development Cost caps under certain circumstances; Section 405 did not include the deemed closed provision merely set out a 60 day timeline); WHEREAS, imposing enforcing timelines on HUD in all the areas set out above is essential for ensuring efficient effective operation of the NAHASDA statutory regulatory framework; WHEREAS, both HR 4277 4329 cap appropriations for each of the fiscal years from 2014-2019 at $650 million for each of the fiscal years from 2014 to 2019, despite statistics gathered by the HUD that over 25 percent of American Indian housing units have severe housing needs, including (among other things), lack of basic plumbing or kitchen facilities, housing more than one person per room, bearing a cost burden of more than 50 percent of income; WHEREAS, the Congressional Budget Office prepared a cost estimate for Senate Bill 1352, which indicated that housing block grants would only be funded at an average of $650 million per year over the next five year reauthorization period, was woefully short of the need, estimated at a minimum of $1 billion per year by the National American Indian Housing Council; WHEREAS, under most HUD other Federal housing programs, tenants are only obligated to pay 30% of their adjusted income as rent (with the remainder subsidized by the Federal Government);, WHEREAS, the 30% rule has not changed since its inception since the 1937 Housing Act, even though rental markets housing in America has seen dramatic changes;, WHEREAS, a 2013 study published by the Joint Center for Housing Studies, Harvard University finds that nearly 50 percent of renters pay more than 30 percent of their income to rent housing - nearly double from the less than 1/4 of renters who paid that much in 1960;, Page 3 of 4
NOW THEREFORE BE IT RESOLVED, that NCAI does hereby urge the 113 th Congress of the United States to adopt the timeline enforcement provisions set out in HR 4277 4329, with the addition of the provision that the draft findings in a draft monitoring report would be deemed closed if HUD does not respond to the tribe s/tdhe s comments within 60 days (for Section 405); BE IT FURTHER RESOLVED, that NCAI does hereby urge the 113th Congress of the United States to reject the provisions of both HR 4277 4329 that cap appropriations at $650 million for each of the fiscal years from 2014-2019 based upon the severe housing needs in Indian country; BE IT FURTHER RESOLVED, Congress is urged to remove the 30% rule allow tribes to determine their own rental rates or rental burden percentage under Tribal Self Determination; BE IT FURTHER RESOLVED, that NCAI does hereby strongly support increased Congressional appropriations of at least $1 billion per year over the 5 year reauthorization period; BE IT FINALLY RESOLVED, that NCAI does hereby join the National American Indian Housing Council in supporting this Resolution. CERTIFICATION The foregoing resolution was adopted by the General Assembly at the 2014 Mid-Year Session of the National Congress of American Indians, held at the Dena'ina Civic & Convention Center, June 8-11, 2014 in Anchorage, Alaska, with a quorum present. President ATTEST: Recording Secretary Page 4 of 4