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HUD acknowledges the sovereignty of federally recognized American Indian and Alaska Native tribes, and is committed to operate within a government-to-government relationship to allow tribes the maximum amount of responsibility for administering their housing programs. To accomplish this objective, HUD consults with American Indian and Alaska Native governments, TDHEs and national Native organizations when developing legislation, regulations and policies that affect tribes.

This commitment includes consultation with Alaska Native Corporations (ANCs), the entities created by the Alaska Native Claims Settlement Act of 1971 to receive land and monetary compensation in settlement of aboriginal land claims by Alaska Natives.  However, HUD distinguishes the Federal relationship to ANCs, from the government-to-government relationship between the Federal government and each federally recognized American Indian and Alaska Native tribe, and this commitment to include ANCs does not diminish in any way that relationship and the consultation obligations towards federally recognized American Indian and Alaska Native tribes.  Recognizing the distinction, HUD will include ANCs in consultations when taking departmental action that has a substantial direct effect on ANCs.  HUD recognizes the unique cultural traditions and values of Alaska Native people and the distinct relationship between the ANCs and the Federal Government and wants to ensure meaningful consultation so that ANC officials are at the table and engaged when it comes to the matters that affect them.

To the extent that the Department consults on infrastructure projects, HUD is also committed to and will acknowledge the consultation and the key general comments received through that consultation and will advise Tribes how those key general comments were considered when Department announces its decisions on the subject infrastructure project.

U.S. Department of Housing and Urban Development Tribal Consultation

On January 26, 2021, President Biden issued a Presidential Memorandum on Tribal Consultation and Strengthening Nation-to-Nation Relationships. The Memorandum affirms the Administration’s commitment to Tribal sovereignty and to fulfilling our Federal trust responsibility. The Memorandum also reaffirms the policy announced in Presidential Memorandum of November 5, 2009 (Tribal Consultation), which directed Federal agencies to develop and periodically revise their tribal consultation policies to ensure that Federal agencies consider Tribal feedback when developing policies that have Tribal implications, consistent with Executive Order 13175.

In response to the January 26, 2021 Presidential Memorandum, HUD hosted two Tribal Consultation sessions that will inform the actions HUD will take to implement the policies and directives of Executive Order 13175.  The final plan of action will be submitted to the Office of Management and Budget (OMB) in late April and HUD will report annually on the Department’s progress.  The deadline to submit comments is April 5, 2021.  Comments can be sent to:  tribalconsultationpolicy@hud.gov. 

  • Dear Tribal Leader Letter (February 3, 2021)
  • Consultation Follow-up Materials -  (February 25, 2021)
  • Consultation Follow-up Materials - (March 23, 2021)

HUD Tribal Consultation Follow-up

HUD has drafted its Plan of Actions based on recommendations and feedback provided during two consultation sessions.  Tribes are encouraged to review the final draft and provide feedback or comments by April 14, 2021.  Comments can be sent to tribalconsultationpolicy@hud.gov.

Tribal Intergovernmental Advisory Committee (TIAC)

HUD is pleased to announce the formation of a TIAC which will be made up of a standing group of Tribal leaders who will advise HUD on housing policy and other matters that impact Indian Country. HUD strongly encourages you to provide feedback to the Department on TIAC by January 14, 2022.

NEW! Consultation on HUD's Proposed Rule on Mortgage Insurance for Transactions Involving Downpayment Assistance Programs

This letter informs Tribal leaders of HUD’s intent to conduct Tribal consultation on a Proposed Rule that would establish underwriting criteria for Single Family Federal Housing Administration (FHA) insured financing where in conjunction with the FHA-insured mortgage, downpayment assistance (DPA) is provided by a State, local government, or Indian tribe or an agency or instrumentality thereof. HUD will host a webinar and is also requesting written comments and  recommendations on HUD’s efforts to develop this Proposed Rule. Send comments to HudRegsTribalConsult@hud.gov by March 13, 2022.

Office of Native American Programs

Consultation on the Indian Community Development Block Grant (ICDBG)

The U.S Department of Housing and Urban Development (HUD) intends to undertake rulemaking in order to revise the Community Development Block Grant (CDBG) and related Section 108 loan guarantee program regulations to make it easier for recipients to promote economic development and recovery in Low- and Moderate-Income (LMI) communities and to support investments in underserved areas.  HUD is seeking Tribal feedback on the impacts of the proposed changes.  Comments are due January 15, 2022.

Consultation on the ICDBG-ARP

On March 11, 2021, the President signed the American Rescue Plan Act of 2021 (ARP) (Public Law 117-2), which provides additional funding to prevent, prepare for, and respond to the COVID-19 pandemic. ARP included $280 million for the Indian Community Development Block Grant (ICDBG) program. This funding will be used to provide ICDBG Imminent Threat (ICDBG-ARP) grants to Indian tribes to eliminate or lessen problems that pose an imminent threat to public health or safety of Tribal residents. The Office of Native American Programs (ONAP) is working on awarding this funding as quickly as possible and intends to publish an ICDBG-ARP Implementation Notice outlining how Indian Tribes can apply for this funding. ONAP is seeking your feedback on how ICDBG-ARP funds should be awarded. The deadline to submit comments is April 2, 2021.  Comments can be sent to: codetalk@hud.gov.

Please visit the ONAP-ARP 2021 website for specific program details, guidance and resources.

Consultation on the Coordinated Environmental Review Process Implementation Plan

Since 2015 the U.S. Department of Housing and Urban Development (HUD) has led the Tribal Housing and Related Infrastructure Interagency Task Force (THRIITF) to develop a coordinated environmental review. In 2015 the workgroup issued a Final Report identifying measures that could be taken to coordinate agencies’ environmental review processes within the existing framework. Between 2015 and 2017, HUD has held six Tribal consultations and ten roundtables to receive input to develop and inform the Final Report, a draft Memorandum of Understanding, and a draft Implementation Plan.  The workgroup is hosting a virtual consultation on the draft Implementation Plan developed by THRIITF during the National Congress of American Indians's Mid Year Conference. The consultation session will be held on June 21, 2021, from 4:30 PM to 7:00 PM EDT.  Log-in details can be found in the Dear Tribal Leader letter linked below.

Community Planning and Development Office of Special Needs

Consultation on Tribal Participation in the Continuum of Care Program 

The Consolidated Appropriations Act, 2021 (Public Law 116-260, approved December 27, 2020) included language allowing participation of Indian Tribes and Tribally Designated Housing Entities (TDHE) in the Continuum of Care (CoC) Program (Section 102). HUD is seeking feedback and encourages written comments from tribal leaders and THDEs via email, CoCTribalConsult@hud.gov - enter “Tribal Consultation” in the subject line. 

​​HUD Tribal Consultation Follow-up - As a follow-up to the first Consultation session, the Office of Special Needs has scheduled a follow-up Consultation on May 25, 2021 at 1:00 p.m. EDT to provide additional information regarding the Continuum of Care (CoC) Program and the upcoming FY 2021 CoC Program Competition.  

​HUD Tribal Consultation Follow-up - As a follow-up to prior consultation sessions, the Office of Special Needs will conduct a Tribal consultation session on January 11, 2022 at 3:00 p.m. EDT to provide information and solicit feedback from Indian Tribes regarding the FY 2022 CoC Program Competition and registration process as well as the following funding opportunities: Youth Homelessness Demonstration Program (YHDP); and  Unsheltered Homelessness and Rural Homelessness NOFO.

Office of Environment and Energy

The U.S. Department of Housing and Urban Development (HUD) is in the process of updating its floodplain management and wetlands protection regulations. In accordance with HUD’s Tribal Consultation Policy, HUD is reaching out to Tribal leaders to solicit feedback during a consultation on June 28, 2021. Specifically, HUD is seeking comments regarding HUD’s floodplain management and wetlands protection regulations at 24 CFR Part 55 and how to implement the Federal Flood Risk Management Standards (FFRMS). Please send comments to:  EnvironmentalPlanningDivision@hud.gov. The comment period expires on July 13, 2021.

Office of Housing Counseling 

HUD conducted two tribal consultation sessions to obtain feedback on implementation of the statutory amendments as it applies to the Indian Housing Block Grant (IHBG) program and the Indian Community Development Block Grant (ICDBG) program. The sessions provided feedback to determine how to apply the housing counseling program and certification requirements in Section 106 to these programs. The comment period expired on March 19, 2021.

HUD Tribal Consultation Follow-up - Following two Tribal Consultation sessions, HUD continues to meet with tribal organizations such as Regional Indian Housing Associations, to learn more about the role of housing counseling in affordable housing programs in Native American communities, the impact of counselor certification requirements on current housing counseling, and any changes they would recommend.

Section 184 Regulations

The U.S. Department of Housing and Urban Development (HUD) has prioritized updating the regulations for the Section 184 Indian Housing Loan Guarantee program (Section 184).   As a result over 18 Consultation sessions were held virtually and at events across the country. Comments can be sent to:  184consultation@hud.gov.

 

View Archive - HUD's Tribal Consultation page

HUD's Tribal Consultation Policy (April 4, 2016)

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