American Indian Report - September/October 2008 - (Page 18)

H O USI N G Negotiated Rulemaking to Impact NAHASDA Reauthorization By Kimberly Hayes The Native American Housing and Self Determination Act (NAHASDA) is currently the most vital legislation in Indian housing, and tribal leaders have several avenues to have their voices heard on the topic, according to experts at the National American Indian Housing Council’s Legislative Summit on Feb. 26. Negotiated rulemaking is one opportunity on the federal level, as is the current NAHASDA reauthorization moving through Congress. With the passage of the Indian Health Care Improvement Act in the Senate in February, the focus can now shift to NAHASDA for the remainder of this Congressional session, said NAIHC Executive Director Paul Lumley. The Senate version of NAHASDA reauthorization, S. 2062, is currently more favorable, said Heidi Frechette, Democratic senior counsel to the Senate Committee on Indian Affairs. Of concern in the House version, H.R. 2786, which passed in September 2007, is a provision limiting funding to the Cherokee Nation due to the Cherokee Freedman issue. The Freedmen are descendants of slaves who became tribal members. In March 2007, the tribe tried to vote them out, leading to lawsuits in tribal and federal courts. NAHASDA is a bill about housing, which is a great need in Indian Country and should not be delayed, Frechette said. Housing leaders should educate their Congressional representatives on these facts. On the plus side of the House version, tribal preference is included. Congress needs to know that this is an established right of tribes, not a special interest, Frechette said. There are other differences between the two bills, 18 according to NAIHC documents. For example, the Senate version redefines “affordable housing activities” to be those activities to develop, operate, maintain or support affordable housing for rental or homeownership, rather than just those to “develop support “ for those purposes. The House version calls for a GAO study of NAHASDA, focusing on the effectiveness of the program for tribes of varying sizes, especially small tribes. Reauthorization is a priority, Rep. Steven Pierce, R-N.M., told summit attendees. Tribal leaders must stay active on this important legislation, he said. The Senate version passed the Senate on May 22. Both versions of the bill will have to be reconciled in conference committee before going to the full Congress. Even though the NAHASDA Negotiated Rulemaking committee has only met about a dozen times since 2001, it is an opportunity for tribal leaders to influence Indian housing policy, experts said at the summit. The committee consists of 24 tribal members and two Housing and Urban Development (HUD) representatives. While new members only join as old ones leave, there is a lot of turnover in tribal housing, so new opportunities may arise, said Jason Adams, executive director of the Salish & Kootenai Housing Authority. The committee may not see much action during this election year, said HUD Deputy Assistant Secretary of the Office of Native American Programs Rodger Boyd. No new meetings are likely until NAHASDA is reauthorized and a new Assistant Secretary for Indian Affairs is appointed, experts said. n September/October 2008 American Indian Report

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American Indian Report - September 2008 Contents Notes from Indian Country Language Learning Gets More High-Tech Native American Music Awards Celebrates 10th Anniversary Hoop Dancing's Best to Compete for World Champ Title in Phoenix Congress: Activity on the Hill Device Monitors Sobriety for Pueblo Planning for Economic Development Negotiated Rulemaking to Impact NAHASDA�Reauthorization Cherokee Takes Big Step Toward Health Care Vision Preparing a Vision for the Future Grants: NAHMI - Strengthening Native American Families Blogroll

American Indian Report - September/October 2008

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