TRIBAL ALERT!
COMMENT NOW!!  ON CRITICAL INDIAN HOUSING PROPOSALS
July 23, 2002

I.

HUD PROPOSES NEGOTIATED RULEMAKING COMMITTEE TO DETERMINE NEW IHBG ALLOCATION FORMULA

TRIBAL COMMENTS DUE AUGUST 5, 2002
67 Federal Register Notice 44787 (opens new window)

The Department of Housing and Urban Development (HUD) has announced its intention to set up a tribal negotiated rulemaking committee ("Neg- Reg Committee") to review and revise HUD regulations that determine the amount of tribes’ housing funding under the Indian Housing Block Grant (IHBG) Program. The IHBG Program is administered by HUD pursuant to the Native American Housing Assistance and Self Determination Act (NAHASDA). Since Congress is in the process of reauthorizing NAHASDA, HUD believes this is an appropriate time to revisit the IHBG formula and intends to form a Neg-Reg Committee made up of tribal representatives. By commenting on HUD’s proposals at this time, tribes can influence decision-making on critical aspects of Indian housing under NAHASDA, starting with the composition of the Neg-Reg Committee itself. Input from California Tribes, especially those that believe they and other California tribes are relatively under funded, is critical. At stake is the fair administration of Indian housing under NAHASDA over the next five years.

What is HUD’s Proposal for a Negotiated Rulemaking Committee About?

Who will be represented on this committee making important funding decisions and what costs HUD will pay. HUD is seeking tribal comments on its proposals for who will be on the negotiated rulemaking committee, how these participants will be selected, and how they will be funded. Currently, there are 31successful nominees from the first round, only three (3) of whom are from California. At this time, HUD is re-opening the nomination process and invites tribes to submit additional nominations, as well as comments on HUD’s selection criteria and process. HUD wants a Neg-Reg Committee whose members reflect a "diversity of tribes in terms of size, location, and special circumstances." The final committee will have 24 tribal representatives and two (2) HUD representatives. HUD also states that it will pay for travel and per diem costs "as needed."

Why Should California Tribes, Especially Small Tribes, Be Concerned?

To ensure that California tribal concerns are adequately represented on this committee which will have a say in funding formulations. HUD states that its goal is to develop a Neg-Reg Committee reflecting a "balanced representation of Indian tribes." For the first time since NAHASDA was enacted in 1996, HUD has issued guidelines on the definitions of "small, medium, and large tribe." Under HUD’s guidelines: tribes with under 250 "affordable housing units in management" are considered small; tribes with between 250 and 500 units are considered medium; and those with over 500 units in management are considered large. Because small California tribes might have far less than 250 affordable housing units, they may want to comment on the impact that HUD’s size definitions will have on California representation. For example, tribes may wish to comment on:

• Arbitrariness of HUD’s definitions for small, medium, and large tribes

HUD’s definitions, based on the number of a tribe’s housing units, may be problematic for California tribes since the definition of a "small tribe" as one with under 250 units of affordable housing will likely create a large pool of tribes whose tribal populations and housing needs far outnumber those of many California tribes. As a result, California tribes, including very small California tribes, may be excluded from fair representation on the Neg-Reg Committee. Instead, definitions of "small, medium, and large tribe" that are based on tribal membership and population may be more accurate, and could result in a more equal representation of California and small tribes on the final committee.

• Inadequacy of HUD’s plans to pay only for travel-related expenses

To be effective in negotiated rulemaking, tribes often utilize consultants to provide legal support and technical assistance. California tribes often lack the ability to participate effectively in negotiated rulemaking because they cannot afford to pay for the technical and legal assistance that large tribes are able to bring to the table. HUD’s proposal to cover only travel-related expenses on an "as-needed" basis will not enable members representing small tribes to effectively and equally participate in negotiations. To address this concern, HUD should create a set-aside fund for small tribes so that they can meaningfully participate in all aspects of negotiated rulemaking under NAHASDA.

What Action Can Your Tribe Take at This Time?

Your tribe can take the following steps to respond to HUD’s proposal by commenting on these issues:

• Whether or not your tribe agrees with HUD’s definitions for small, medium, and large tribes. If not, explain why, and suggest a better definition or approach HUD can take to ensure California tribes are fairly represented on the Neg-Reg Committee.

• Whether HUD should provide a set-aside for small tribes to fairly and equally participate on the Neg-Reg Committee, while not impacting the current level of NAHASDA funds to other tribes.

• Additional nominations for Neg-Reg Committee members from California.

Send comments by August 5, 2002 to the following address: Office of the Rules Docket Clerk, Office of General Counsel, Room 10276, Department of Housing and Urban Development, 451 Seventh Street, SW., Washington, DC 20410-0500.

Click here for a copy of 67 Federal Register. Notice 44787 (opens new window); or contact Jenny Kim at CILS: 1 (800) 829-0205, Ext. 318.

Small tribal housing programs can also join the CIHD Small Tribes Task Force.

The Coalition for Indian Housing & Development (CIHD) recently announced the formation of a Small Tribes Task Force. The Task Force will make recommendations about ways to aid small tribal housing programs to HUD’s Neg-Reg Committee, as well as to Congress. All interested parties are welcome to participate and should contact CIHD immediately with their name, tribe, phone number, fax number, and email address. Contact CIHD at: 1 (800) 284-9165 (Phone) or (202) 898-0027 (Fax).

II.

HUD PROPOSES REVISIONS OF DATA COLLECTION DOCUMENTS USED FOR ANNUAL IHBG PROGRAM

TRIBAL COMMENTS DUE AUGUST 27, 2002
67 Federal Register Notice 43635 (opens new window)

HUD has issued a notice requesting public comment on proposed revisions of the documents HUD uses to collect the data that determines annual NAHASDA grants to tribes under the Indian Housing Block Grant (IHBG) Program. HUD believes that the proposed revisions will improve the way tribal information is collected and compiled for the purpose of determining annual IHBG awards.

What is HUD’s Proposal on Data Collection Documents About?

NAHASDA requires that annual HUD funds for Indian housing be granted to tribes through a block grant allocation formula using data from multiple sources, including four (4) main documents: the Indian Housing Plan; Annual Performance Report; Formula Response Form; and Census Data Form. At this time, HUD has revised two of its data collection forms in order to improve the accuracy of information collected from tribes: (1) the Formula Response Form; and (2) the Census Data Form for Challenging the U.S. Decennial Census Data.

What Are the Proposed Revisions?

HUD has revised some of the forms used to collect annual data from tribes for calculating each tribe’s IHBG Program formula allocation for the following fiscal year. First, HUD proposes changes to the instructions for the Formula Response Form that they hope will provide greater clarity to tribes on how to complete the form. HUD also proposes adding an Appendix for easier reporting and uniformity of tribal data. Second, in order to reflect the 2000 Census, HUD has updated the census challenge guidelines and questions in the questionnaire/survey which tribes will need to use if they plan to challenge the U.S. Decennial Census Data.

How Can My Tribe Get Further Information and Copies of the Proposed Forms?

Tribes can contact Mildred Hamman at HUD: (202) 708-3642, Ext. 4128 for copies of the proposed forms and other available documents or you may download them from the links below.  You will need Adobe Acrobat Reader to view the documents.

• Final Census 2000 (PDF - opens new window)

• Revised Formula Response Form 4 (PDF - opens new window)

Click here for a copy of 67 Federal Register Notice 43635 (opens new window) or contact Jenny Kim at CILS: 1 (800) 829-0284, Ext. 318.

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