Support Reauthorization of Title VIII Part of the Overall Reauthorization of NAHASDA Programs

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 TITLE: Support Reauthorization of Title VIII Part of the Overall Reauthorization of NAHASDA Programs

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, the Native American Housing Assistance and Self-Determination Act (NAHASDA) authorizes housing programs for Indian tribal communities, Alaska Native villages and the native Hawaiian Home Lands communities; and

WHEREAS, NAHASDA expands tribal capacity to address substandard housing and infrastructure in Indian country by encouraging greater self-management of housing programs and encourages increased leveraging of scarce Indian Housing Block Grant (IHBG) dollars; and

WHEREAS, NAHASDA was amended in 2000 to create Title VIII to address the housing needs of native Hawaiians and created the Native Hawaiian Housing Block Grant (NHHBG); and

WHEREAS, the President of the United States, on October 14, 2008, signed H.R. 2786 into law, an Act of Congress to amend and reauthorize NAHASDA through 2013, but this Act did not include the native Hawaiian provisions; and

WHEREAS, efforts on the part of native Hawaiians to pass a free-standing reauthorization bill for Title VIII of NAHASDA have been unsuccessful due largely to the efforts of opponents to Native Hawaiian sovereignty and self-determination, not for any concerns with the operation or success of Title VIII of NAHASDA; and

WHEREAS, native Hawaiian housing programs through NAHASDA receive funding in annual appropriations bills that is separate from the IHBG and other funding sources allocated for Indian country; and

WHEREAS, the Supreme Court consistently holds that a program whose authorization has expired, but which continues to receive federal appropriations such as Title VIII of NAHASDA and countless other HUD programs has been provided a one-year "de facto" reauthorization, meaning that a delay in the reauthorization of all of NAHASDA would not jeopardize the funding or programs of other recipients of the benefits and programs of NAHASDA.

NOW THEREFORE BE IT RESOLVED, that does hereby support the reauthorization of Title VIII of NAHASDA as part of the overall reauthorization of NAHASDA Programs; and

BE IT FURTHER RESOLVED, that this resolution shall be the policy of NCAI until it is withdrawn or modified by subsequent resolution.