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Negotiated Rulemaking

Overview

The Native American Housing Assistance and Self-Determination Act of 1996 (25 U.S.C. 4101 et seq.) (NAHASDA) changed the way that housing assistance is provided to Native Americans. NAHASDA eliminated several separate assistance programs and replaced them with a single block grant program, known as the Indian Housing Block Grant (IHBG) program. In addition, Title VI of NAHASDA authorizes federal guarantees for the financing of certain tribal activities (Title VI Loan Guarantee Program). The regulations governing the IHBG and Title VI Loan Guarantee programs are located in part 1000 of HUD's regulations in title 24 of the Code of Federal Regulations. In accordance with section 106 of NAHASDA, HUD developed the regulations with active tribal participation and using the procedures of the Negotiated Rulemaking Act of 1996 (5 U.S.C. 561-570).

The Native American Housing Assistance and Self-Determination Reauthorization Act of 2008 (Pub. L. 110-411, approved October 14, 2008) (NAHASDA Reauthorization) reauthorizes NAHASDA through September 30, 2013, and makes a number of amendments to the statutory requirements governing the IHBG and Title VI Loan Guarantee programs. The NAHASDA Reauthorization amends section 106 of NAHASDA to provide that HUD shall ''initiate a negotiated rulemaking by no later than 90-days after the enactment of the [2008 Reauthorization Act ]."

On September 23, 2009, HUD published a Federal Register notice establishing the NAHASDA Reauthorization Act Negotiated Rulemaking Committee, and asked for tribal nominations to serve on the Committee.  On January 5, 2010, HUD published a Federal Register notice naming those selected to serve on it.  There were 25 tribal members and 2 HUD representatives.  Six negotiated rulemaking sessions were scheduled.

The first meeting was held in March 2010.  Five subsequent meetings occurred.  The final meeting was held in August 2010 in St. Paul, Minnesota.  The proposed rule to implement the statutory amendments from the NAHASDA Reauthorization Act waspublished in the Federal Register on November 18, 2011.  Public comments are due January 17, 2012. HUD will continue to work the tribal representatives to review public comments and develop the final rule. Click here for a copy of the proposed rule

NAHASDA Negotiated Rulemaking Committee Members

Steven Angasan
King Salmon Tribe
Naknek, Alaska
Carol Gore, President/CEO Cook Inlet Housing Authority Anchorage, Alaska
Blake Kazama, President Tlingit-Haida Regional Housing Authority Juneau, Alaska
Marty Shuravloff, Executive Director Kodiak Island Housing Authority Kodiak, Alaska
Retha Herne, Executive Director Akwesasne Housing Authority Hogansburg, New York
Ray DePerry, Housing Director Red Cliff Chippewa Housing Authority Bayfield, Wisconsin
Robert Durant, Executive Director White Earth Reservation Housing Authority Waubun, Minnesota
Leon Jacobs Lumbee Tribe of North Carolina Mystic, Connecticut
Susan Wicker, Executive Housing Director Poarch Band of Creek Indians Atmore, Alabama
Jason Adams, Executive Director Salish Kootenai Housing Authority Pablo, Montana
Lafe Haugen, Executive Director Northern Cheyenne Tribal Housing Authority Lame Deer, Montana
Rebecca Phelps, Development Specialist Turtle Mountain Housing Authority Belcourt, North Dakota
S. Jack Sawyers Paiute Indian Tribe of Utah Cedar City, Utah
Marguarite Becenti, Member
Board of Commissioners
Umatilla Reservation Housing Authority Pendleton, Oregon
The Honorable Henry Cagey, Chairman Lummi Nation Bellingham, Washington
Larry Coyle, Executive Director Cowlitz Indian Tribal Housing Chehalis, Washington
Karin Foster, Legal Counsel Yakama Nation Housing Authority Toppenish, Washington
Marvin Jones, Manager Housing Oversight Cherokee Nation Tahlequah, Oklahoma
Thomas McGeisey, Executive Director Seminole Nation Housing Authority Wewoka, Oklahoma
Shawna Pickup, Housing Director/Secretary Eastern Shawnee Tribe of Oklahoma Wyandotte, Oklahoma
Russell Sossamon, Executive Director Choctaw Nation Housing Authority Hugo, Oklahoma
Ervin Keeswood, Member Navajo Housing Authority Board of Commissioners Window Rock, Arizona
Judith Marasco, Executive Director Yurok Indian Housing Authority Klamath, California
Alvin Moyle, The Honorable Chairman,
Fallon Business Council
Fallon Paiute-Shoshone Tribe Fallon, Nevada
Darlene Tooley, Executive Director Northern Circle Indian Housing Authority Ukiah, California
Sandra B. Henriquez Assistant Secretary for Public and Indian Housing  
Rodger J. Boyd Deputy Assistant Secretary for Native American Programs  

Documents and Resources

 -   2010 Negotiated Rulemaking Documents
 -   Older Documents and Resources