The House Financial Services Committee’s (HFSC) Subcommittee on Housing, Community Development, and Insurance held a July 27 hearing on “NAHASDA Reauthorization: Addressing Historic Disinvestment and the Ongoing Plight of the Freedmen in Native American Communities.” The hearing addressed reauthorization of the Native American Housing Assistance and Self-Determination (NAHASDA) Act of 1996 and other solutions to housing issues in Native American communities. According to Ranking Member French Hill (R-AR), this was the first hearing focused on NAHASDA in 14 years.
Witnesses included the Honorable Chuck Hoskin Jr., principal chief of the Cherokee Nation; Chris Kolerok, director of public policy and government affairs of Cook Inlet Housing Authority; Marilyn Vann, president of the descendants of freedman of the Five Tribes Association; Anthony Walters, executive director of the National American Indian Housing Council; and Jackson Brossy, executive director of the Native CDFI (Community Development Financial Institution) Network.
While each representative and witness supported reauthorization of the NAHSDA, discussion focused on specific provisions and regulatory or procedural issues in the program. Chairwoman Maxine Waters (D-CA) championed a provision in the recently reintroduced NAHASDA reauthorization bill that would require tribes to comply with 1866 treaty obligations related to lineal descendants of freedmen. Freedmen were persons of African ancestry legally living within the five “civilized” tribes (Cherokee Nation, Muscogee Creek Nation, Seminole Nation of Oklahoma, Choctaw Nation of Oklahoma, and Chickasaw Nation). After the 1866 treaty agreements with the U.S. government, these tribes were required to recognize descendants of freedmen as tribal citizens and guarantee equal access to federal housing resources. A provision under section 602 of the legislation would withhold all or partial funds to a tribe or tribal entity if the secretary of the Interior determines prior to disbursement that the tribe is not in compliance with obligations under the 1866 treaty and denies lineal descendants of freedmen as having the rights of the citizens of such tribes.
Witness Marilyn Vann voiced support for this provision, citing evidence of discrimination against freedmen in her submitted testimony. Chuck Haskin stated that he did not believe that Congress should condition HUD dollars or NAHASDA dollars based on this provision, as work to redress the discriminatory history against the freedman is already underway.
Representative Bryan Steil (R-WI) spoke of his concerns about regulatory and procedural issues in NAHASDA getting in the way of housing development and affordability. Witness Anthony Walters shared these concerns, and they agreed on the need for a review of the impact of the National Environmental Policy Act and permitting reforms have on housing development. Walters suggested to Representative Steil that the way to reduce regulatory burden on the usage of multiple streams of funding is to allow tribes undertaking housing projects to control the administrative process.
Panelists also discussed other improvements that can be made to NAHASDA and other tribal programs, including the creation of tax credit programs for tribal communities, use of CDFIs, and financial literacy and counseling improvements.
Watch the full hearing and read witness testimonies and related legislation at: https://bit.ly/3f6sGoe
More about NAHASDA is on page 5-29 of NLIHC’s 2021 Advocate’s Guide.