HUD Tribal Consultation Policy

Department of Housing and Urban Development Tribal Government-to-Government Consultation Policy (April 4, 2016)

 

I. INTRODUCTION

A. The United States Government has a unique relationship with American Indian governments as set forth in the Constitution of the United States, treaties, statutes, judicial decisions, and Executive orders and Presidential memorandums.

B. On April 29, 1994, a Presidential memorandum was issued reaffirming the Federal Government’s commitment to operate within a government-to-government relationship with federally recognized American Indian and Alaska Native tribes, and to advance self-governance for such tribes. The Presidential memorandum directs each executive department and agency, to the greatest extent practicable and to the extent permitted by law, to consult with tribal governments prior to taking actions that have substantial direct effect on federally recognized tribal governments. In order to ensure that the rights of sovereign tribal governments are fully respected, all such consultations are to be open and candid so that tribal governments may evaluate for themselves the potential impact of relevant proposals.

On May 14, 1998, Executive Order 13084, Consultation and Coordination with Indian Tribal Government was issued. This Executive order was revoked and superseded on November 6, 2000, by Executive Order 13175, which is identically titled to Executive Order 13084 and which sets forth guidelines for all Federal agencies to: (1) establish regular and meaningful consultation and collaboration with Indian tribal officials in the development of Federal policies that have tribal implications, (2) strengthen the United States government-to-government relationships with Indian tribes, and (3) reduce the imposition of unfunded mandates upon Indian tribes.

On November 5, 2009, President Obama issued a memorandum to the heads of all executive departments and agencies that reaffirmed that the United States has a unique legal and political relationship with Indian tribal governments, established through and confirmed by the Constitution of the United States, treaties, statutes, Executive orders, and judicial decisions. The memorandum stated that in recognition of that special relationship, pursuant to Executive Order 13175, of November 6, 2000, executive departments and agencies are charged with engaging in regular and meaningful consultation and collaboration with tribal officials in the development of Federal policies that have tribal implications, and are responsible for strengthening the government-to-government relationship between the United States and Indian tribes. The memorandum stated that the Administration is committed to regular and meaningful consultation and collaboration with tribal officials in policy decisions that have tribal implications, and directed, among other things, as an initial step, through complete and consistent implementation of Executive Order 13175.

C. This consultation policy applies to all HUD programs and policies that have substantial direct effects on Federally recognized Indian tribal governments. In formulating or implementing such policies, HUD will be guided by the fundamental principles set forth in section 2 of Executive Order 13175, to the extent applicable to HUD programs. Section 2 of the Executive order provides as follows:

Sec. 2. Fundamental Principles. In formulating or implementing policies that have tribal implications, agencies shall be guided by the following fundamental principles:

(a) The United States has a unique legal relationship with Indian tribal governments as set forth in the Constitution of the United States, treaties, statutes, Executive Orders, and court decisions. Since the formation of the Union, the United States has recognized Indian tribes as domestic dependent nations under its protection. The Federal Government has enacted numerous statutes and promulgated numerous regulations that establish and define a trust relationship with Indian tribes.

(b) Our Nation, under the law of the United States, in accordance with treaties, statutes, Executive Orders, and judicial decisions, has recognized the right of Indian tribes to self-government. As domestic dependent nations, Indian tribes exercise inherent sovereign powers over their members and territory. The United States continues to work with Indian tribes on a government-to-government basis to address issues concerning Indian tribal self-government, tribal trust resources, and Indian tribal treaty and other rights.

(c) The United States recognizes the right of Indian tribes to self-government and supports tribal sovereignty and self-determination.

(Top of Page)

II. DEFINITIONS

A. “Consultation” means the direct and interactive (i.e., collaborative) involvement of tribes in the development of regulatory policies on matters that have tribal implications. Consultation is the proactive, affirmative process of: (1) identifying and seeking input from appropriate Native American governing bodies, community groups, and individuals; and (2) considering their interest as a necessary and integral part of HUD’s decision-making process. This definition adds to statutorily mandated notification procedures. The goal of notification is to provide an opportunity for comment; however, with consultation procedures, the burden is on the Federal agency to show that it has made a good faith effort to elicit feedback.

B. “Exigent situation” means an unforeseen combination of circumstances or the resulting state that calls for immediate action in order to preserve tribal resources, rights, interests, or Federal funding.

C. “Indian tribe” means an Indian or Alaska Native tribe, band, nation, pueblo, village, or community that the Secretary of the Interior acknowledges to exist as an Indian tribe pursuant to the Federally Recognized Indian Tribe List Act of 1994, 25 U.S.C. 479a.

D. “Policies that have tribal implications” refers to regulations, legislative proposals, and other policy statements or actions that have substantial direct effects on one or more Indian tribe, or on the distribution of power and responsibilities between the Federal Government and Indian tribes.

E. “To the extent practicable and permitted by law” refers to situations where the opportunity for consultation is limited because of constraints of time, budget, legal authority, etc.

F. “Tribal officials” means elected or duly appointed officials of Indian tribal governments or authorized intertribal organizations.

(Top of Page)

III. PRINCIPLES

A. HUD respects tribal sovereignty and acknowledges the unique relationship between the Federal Government and Indian tribes.

B. HUD recognizes and commits to a government-to-government relationship with federally recognized tribes.

C. HUD recognizes tribes as the appropriate non-Federal parties for making policy decisions and managing programs for their constituents.

D. HUD shall take appropriate steps to remove existing legal and programmatic impediments to working directly and effectively with tribes on programs administered by HUD.

E. HUD shall encourage States and local governments to work with and cooperate with tribes to resolve problems of mutual concern.

F. HUD shall work with other Federal departments and agencies to enlist their interest and support in cooperative efforts to assist tribes to accomplish their goals within the context of all HUD programs.

G. HUD shall be guided by these policy principles in its planning and management activities, including its budget, operating guidance, legislative initiatives, management accountability system, and ongoing policy and regulation development processes for all programs affecting tribes.

(Top of Page)

IV. TRIBAL CONSULTATION PROCESS

A. Applicability. HUD will apply this tribal consultation policy to all proposed policies that have tribal implications, to the greatest extent practicable and permitted by law. Based on a government-to-government relationship and in recognition of the uniqueness of each tribe, the primary focus for consultation activities is with individual tribes. The Office of Public and Indian Housing’s ONAP, may serve, under the direction of the Secretary, as the lead HUD office for the implementation of this policy. Internal HUD policies and procedures are excluded from this policy.

B. Methods of Communication. The methods of communication used will be determined by the significance of the consultation matter, the need to act quickly, and other relevant factors. Consultation can be accomplished through various methods of communication. While modern technology and group events should be utilized whenever possible to conserve funds and respect time constraints of all those involved, generally these methods of communication should not serve in the place of formal, face-to-face discussion.

C. Consultation with Tribes When Drafting Policies That Have Tribal Implications. To the extent practicable and permitted by law, HUD shall make reasonable efforts to consult with tribal officials concerning proposed policies that have tribal implications, before such policies are drafted, in order to facilitate greater tribal participation in development of the proposed policies. Such consultation shall include on the HUD website a notice of HUD’s plans to develop such policies, and an invitation for tribal officials to comment on items that should be included in such policies. HUD shall provide a specific deadline for comments, which shall not be less than 30 days from the date of the notice. This timeline may be compressed in exigent situations.

D. Notice of Proposed Policies That Have Tribal Implications. To the extent practicable and permitted by law, after proposed policies that have tribal implications have been drafted, HUD will notify the tribes of such proposed policies and will include a copy of the proposed policies with the notice. The notice shall designate the lead office in HUD Headquarters. The lead office in HUD Headquarters shall be responsible for such notification, unless it has delegated such responsibility to another office. HUD shall provide a specific deadline for tribal comments, which shall not be less than 60 days from the date of the notice. This timeline may be compressed in exigent situations. Nothing herein shall affect the deadlines established by Federal law or regulation with regard to comments in the course of the formal agency rulemaking process for the promulgation of Federal regulations.

E. Tribal Response. Tribal officials may provide recommendations concerning proposed policies that have or that may have tribal implications to the lead office in HUD Headquarters no later than the deadline established in Part IV.D of this consultation policy. Such recommendations may be provided orally during meetings with HUD representatives or by written documents submitted to HUD representatives.

F. Meetings. Tribes may facilitate regional meetings with HUD representatives to identify and address issues relevant to HUD policies that have tribal implications. HUD will convene at least one national tribal consultation meeting each year. To reduce costs and conserve resources to the greatest extent feasible, tribes and HUD will coordinate consultation meetings with other regularly scheduled meetings, such as multi-agency and association meetings.

G. Reporting Mechanisms. In all cases when a tribe or tribes have been involved in the consultation process, HUD will maintain an Internet website or webpage to address the informational needs of tribes and tribal leaders. Such website or webpage will include relevant HUD documents and other relevant documents, including comments submitted by other tribes. HUD shall notify the tribes of the finalization of proposed policies that have tribal implications, and provide such policies to the tribes.

H. Tribal Advisory Organizations, Committees, and Workgroups. HUD will work with tribal organizations, committees, or workgroups, when appropriate, to assist in facilitating involvement of tribes in decision making and policy development. The work with tribal organizations, committees, and workgroups will be in coordination with, and not to the exclusion of, consultation with individual tribes on a government-to-government basis.

I. Joint Federal/Tribal Workgroups.

1. A workgroup may be established by HUD and tribes to address specific issues or to draft specific policies that have tribal implications. Tribal representation should be consistent with the established standard of geographically diverse small, medium, and large tribes, whenever possible.

2. Alternate workgroup members may be appointed by written notification signed by the member. Such alternates shall possess the authority of the workgroup member to make decisions on their behalf, if such authority is so delegated to them in writing.

3. The workgroup shall be chaired by at least one tribal workgroup member, selected by the tribal workgroup members, and one HUD representative.

4. The workgroup may conduct its activities through various methods of communication, including in-person meetings, conference calls, and Internet-based meeting platforms. Workgroup members may be accompanied by other individuals for advice, as the members deem necessary.

5. Whenever possible, workgroup products should be circulated to tribal leaders for review and comment.

6. All final recommendations will be given serious consideration by HUD.

(Top of Page)

V. TRIBAL STANDING COMMITTEE

On issues relating to tribal self-governance, tribal trust resources, or treaty and other rights, HUD will explore and, where appropriate, use consensual mechanisms for developing regulations, including negotiated rulemaking. HUD may establish a standing committee, consisting of representatives of tribal governments, to consult on the appropriateness of using negotiated rulemaking procedures on particular matters. The procedures governing such a standing committee would be established through the mutual agreement of HUD and tribal governments.

VI. UNFUNDED MANDATES

To the extent practicable and permitted by law, HUD shall not promulgate any regulation that is not required by statute, that has tribal implications, and that imposes substantial direct compliance costs on such communities, unless:

1. Funds necessary to pay the direct costs incurred by the Indian tribal government in complying with the regulation are provided by the Federal Government; or

2. HUD, prior to the formal promulgation of the regulation:

a. Consulted with tribal officials early in the process of developing the proposed regulation;

b. In a separately identified portion of the preamble to the regulation as it is to be issued in the Federal Register, provides to the Director of the Office of Management and Budget (OMB) a description of the extent of HUD’s prior consultation with representatives of affected Indian tribal governments, a summary of the nature of their concerns, and the agency’s position supporting the need to issue the regulation; and

c. Makes available to the Director of OMB any written communications submitted to HUD by such Indian tribal governments.

(Top of Page)

VII. INCREASING FLEXIBILITY FOR INDIAN TRIBAL WAIVERS

HUD shall review the processes under which Indian tribal governments apply for waivers of statutory and regulatory requirements and take appropriate steps to streamline those processes.

A. HUD shall, to the extent practicable and permitted by law, consider any application by an Indian tribal government for a waiver of statutory or regulatory requirements, in connection with any program administered by HUD, with a general view toward increasing opportunities for utilizing flexible policy approaches, at the Indian tribal level, in cases in which the proposed waiver is consistent with the applicable Federal policy objectives and is otherwise appropriate.

B. HUD shall, to the extent practicable and permitted by law, render a decision upon a complete application for a waiver within 90 days of receipt of such application by HUD. HUD shall provide the applicant with timely written notice of the decision and, if the application for a waiver is not granted, the reasons for such denial.

C. This section applies only to statutory or regulatory requirements that are discretionary and subject to waiver by HUD. Applicable civil rights statutes and regulations are not subject to waiver.

(Top of Page)

VIII. APPLICABILITY OF THE FEDERAL ADVISORY COMMITTEE ACT

The provisions of the Federal Advisory Committee Act (5 U.S.C. App., Pub. L. 92-463, section 2, Oct. 6, 1972, 86 Stat. 770) (FACA) do not apply to consultations undertaken pursuant to this policy. In accordance with section 204(b) of the Unfunded Mandates Reform Act of 1995 (Pub. L. 104-4, approved March 22, 1995, 109 Stat. 48), FACA is not applicable to consultations between the Federal Government and elected officers of Indian tribal governments (or their designated employees with authority to act on their behalf). As OMB stated in its guidelines implementing section 204(b):

This exemption applies to meetings between Federal officials and employees and… tribal governments, acting through their elected officers, officials, employees, and Washington representatives, at which “views, information or advice” are exchanged concerning the implementation of intergovernmental responsibilities or administration, including those that arise explicitly or implicitly under statute, regulation, or Executive order. The scope of meetings covered by the exemption should be construed broadly to include any meetings called for any purpose relating to intergovernmental responsibilities or administration. Such meetings include, but are not limited to, meetings called for the purpose of seeking consensus; exchanging views, information, advice, and/or recommendations; or facilitating any other interaction relating to intergovernmental responsibilities or administration. (OMB Memorandum 95-20 (September 21, 1995), pp. 6-7, published at 60 FR 50651, 50653 (September 29, 1995)).

(Top of Page)

IX. GENERAL PROVISIONS

This document has been adopted for the purpose of enhancing government-to-government relationships, communications, and mutual cooperation between the United States Department of Housing and Urban Development and tribes and is not intended to, and does not, create any right to administrative or judicial review, or any other right or benefit or trust responsibility, substantive or procedural, enforceable by a party against the United States, its agencies or instrumentalities, its officers or employees, or any other persons. The provisions of FACA are not applicable to this policy. This document is effective on the date it is signed.

Dated: April 4, 2016
/s/
Julián Castro, Secretary

[FR-5651-N-03]

1 See https://www.govinfo.gov/content/pkg/FR-1994-05-04/html/94-10877.htm.
2 See https://www.govinfo.gov/content/pkg/FR-1998-05-19/pdf/98-13553.pdf.
3 See https://www.govinfo.gov/content/pkg/FR-2000-11-09/pdf/00-29003.pdf.

(Top of Page)

Tribal Consultation Action Plan and Executive Order 13175

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. 

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.

Final Tribal Consultation Plan

---

Regional Roundtables Engage Tribal Leaders and Discuss Housing Issues in Indian Country

Consistent with President Biden’s Memorandum on Tribal Consultation and Strengthening Nation-to-Nation Relationships, one of the U.S. Department of Housing and Urban Development’s (HUD’s) top priorities is to provide regular and robust engagement with Tribal leaders while ensuring that HUD is effectively delivering on its mission to provide housing resources to Indian Country. In the fall of 2021, Deputy Secretary Adrianne Todman represented the Federal Government in six regional roundtables to engage Tribal leaders and to discuss housing issues in Indian Country and their Tribal Nations. The six regional roundtables were held in October, November, and December 2021. View Summary Report

(Top of Page)

Tribal Consultation on Section 184 Proposed Regulations

The U.S. Department of Housing and Urban Development (HUD) has drafted proposed regulations for the Section 184 Indian Home Loan Guarantee (Section 184) program. These new proposed regulations include changes made based on Tribal Consultation sessions held in 2018 and 2019. The proposed regulations will soon be published in the Federal Register with a public comment period ending on March 6, 2023.  During the public comment period HUD will hold national and regional Tribal Consultations on the proposed rule. These consultations were announced in a November 21, 2022, Dear Tribal Leader Letter.

Section 184 Tribal Consultation Resources

Tribal Consultation Conducted

December 7, 2022	Las Vegas, Nevada
January 10, 2023	Norman, Oklahoma
January 20, 2023	Albuquerque, New Mexico
January 24, 2023	Arlington, Washington
January 31, 2023	National Webinar
February 8, 2023	Arlington, Virginia
February 8, 2023	Anchorage Alaska
February 10, 2023	Denver, Colorado (rescheduled from 12/15/22)
February 22, 2023	Washington, D.C.
March 7, 2023	Washington, D.C.

View Session Details and Registration Information

Section 184 Tribal Consultation Recorded Sessions

View Past Section 184 Tribal Consultations

(Top of Page)

Indian Community Development Block Grant

Indian Community Development Block Grant Program (ICDBG) Tribal Consultation

In the fall of 2023, the U.S. Department of Housing and Urban Development (HUD) began rulemaking process to update the Indian Community Development Block Grant (ICDBG) program regulations (24 CFR Part 1003). In accordance with HUD’s Tribal Consultation Policy, the Office of Native American Programs (ONAP) is conducting Tribal feedback on these regulations, which have not been updated in nearly two decades. HUD has published a series of Dear Tribal Leader (DTL) letters providing information and announcing dates and locations for Tribal consultation sessions.

HUD is collecting formal Tribal comments via our Codetalk@hud.gov mailbox. Below you can reference a list of Tribal consultation sessions, associated DTLs, and view the PowerPoint presentation.

ICDBG Tribal Consultation Presentation

This presentation is being used at each Tribal consultation session. The slide deck provides an overview of current ICDBG regulations, discusses potential areas for program improvement, and frames the discussion for Tribal consultation.

Dear Tribal Leader Letters

01-26-2024	Indian Community Development Block Grant Program Regulations – Tribal Consultation Schedule
10-04-2023	Tribal Consultation- Indian Community Development Block Grant Program Regulations
06-29-2023	Tribal Consultation- Indian Community Development Block Grant Program Regulations

Completed Tribal Consultation Sessions

---

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 is intented 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) awardwd this funding published an ICDBG-ARP Implementation Notice outlining how Indian Tribes could apply for this funding. ONAP sought feedback on how ICDBG-ARP funds should be awarded. The comment period closed April 2, 2021.

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

(Top of Page)

Build America Buy America Act

Build America Buy America Waiver Extended for One More Year

HUD has issued a one-year extension of the public interest, general applicability Build America Buy America (BABA) waiver for its Tribal grantees. The waiver is effective as of May 23, 2023 and is available: here

BABA, enacted as part of the Infrastructure Investment and Jobs Act, established a domestic content procurement preference for all Federal financial assistance obligated for infrastructure projects after May 14, 2022. The domestic content procurement preference requires that all iron, steel, manufactured products, and construction materials used in covered infrastructure projects are produced in the United States.  For the next 12 months, HUD Tribal grantees are exempt from these requirements while the waiver is in effect.

Over the course of the upcoming year, HUD will be conducting Tribal consultations with Tribes and TDHEs to better understand the impact that BABA requirements will have on future infrastructure development in Tribal communities and to determine how to implement BABA requirements applicable to Tribal grantees.

---

Joint Federal Agency Consultation on Build America, Buy America (BABA): Tthe White House Council on Native American Affairs (WHCNAA), invited Tribes to an interagency Tribal consultation on the implementation of the Build America, Buy America (BABA) Act (Pub. L. No. 117-58, §§ 70901-52), which was enacted as part of the Infrastructure Investment and Jobs Act (Pub. L. No. 117-58). View Letter

BABA applies a new purchasing preference for American-made products that could significantly impact Tribal infrastructure projects. Consultation was held virtually on Wednesday, September 21, 2022, from 2:00-5:00pm ET. Prior to this consultation, a virtual Tribal caucus session was held from 1:00-2:00pm ET.

---

Tribal Intergovernmental Advisory Committee

TIAC has moved; visit the TIAC website now.

 

Proposed Rule- Mortgage Insurance Down Payment Assistance

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.

(Top of Page)​

Office of Community Planning and Development

Office of Special Needs

Consultation on the Youth Homelessness Demonstration Program

The Consolidated Appropriations Act, 2022 (Public Law 117-103) included $72 million for Youth Homelessness Demonstration Program (YHDP) grants with priority given to communities with substantially rural populations, as well as $25 million for system improvement grants. As part of HUD’s commitment to its Tribal Consultation Policy and the government-to-government relationship with Indian tribes, HUD is seeking Tribal feedback on how these funds should be awarded.

On September 7, 2022, and September 15, 2022, at 2:00 p.m. Eastern Time, the Office of Special Needs Assistance Programs (SNAPS) will conduct two consultation sessions with Tribal nations to provide information and solicit feedback from Indian tribes on funding opportunities to assist youth experiencing homelessness including the YHDP and the Youth Homeless System Improvement Grants. These calls are an opportunity for HUD to learn more from Tribal leadership and members regarding the needs of Tribal youth at-risk of or experiencing homelessness.

September 7, 2022: Webex meeting

September 15, 2022: Webex meeting

---

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 held 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.

(Top of Page)

Office of Housing Counseling

Consultation on the Certification of Tribal Housing Counselors Proposed Rule

The U.S. Department of Housing and Urban Development (HUD) Office of Housing Counseling (OHC) is hosting its third virtual tribal consultation session to obtain feedback on the Certification of Tribal Housing Counselors proposed rule. This session will include an overview of the proposed rule in addition to time for comments and feedback.  Information on the proposed rule as well as the first two tribal consultation sessions can be found here.

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.

(Top of Page)

Office of Environment and Energy

Consultation on Tribal Directory Assessment Tool (TDAT) Enhancement Project

The U.S. Department of Housing and Urban Development (HUD) is in the process of updating its Tribal Directory Assessment Tool (TDAT) through the TDAT Enhancement Project. TDAT is a tool developed by HUD to assist HUD staff and its Responsible Entities (RE) in identifying the federally recognized Indian tribes to consult with per Section 106 of the National Historic Preservation Act (NHPA), when assessing potential impacts a project may have on Tribal cultural resources and sites located on ancestral lands. REs are units of government who, as per regulation, assume the responsibility for environmental review, decision-making, and actions that would otherwise apply to HUD and can include Tribes.

TDAT Information Session

HUD hosted a virtual webinar on November 10, 2022, to provide background and context on TDAT, its features, and its use for consulting with Tribes under Section 106.

Tribal Consultation Session

As a follow-up to the TDAT Information Session and to allow time for prepared remarks, HUD hosted a virtual Tribal Consultation via webex on November 17, 2022, to solicit feedback on the TDAT Enhancement Project and the proposed Information Request Form associated with the project.

In accordance with HUD’s Tribal Consultation Policy, HUD is inviting Tribal leaders to participate in a 60-day comment period to solicit feedback on an Information Request Form that will be incorporated into TDAT as part of the TDAT Enhancement Project. Please send your recommendations or comments via email to: TDAT_info@hud.gov by December 13, 2022.

---

Consultation on HUD’s Draft Departmental Policy for Addressing Radon in the Environmental Review Process Notice

The U.S. Department of Housing and Urban Development (HUD) is in the process of developing a departmentwide radon policy to fully HUD’s mission to create strong, sustainable, inclusive communities and quality affordable homes that provide a healthy place to live and thrive. HUD’s FY 2022-2026 Strategic Plan recognizes housing’s essential role in the health of residents and identifies minimizing residential radon exposure as one of the strategies for improving health outcomes for residents of HUD-assisted housing.

HUD recognizes that each Tribe has its own unique circumstances and that they have utilized a variety of actions to address radon. HUD welcomes discussion on those activities and comments on the potential impacts (positive and negative) of HUD’s radon policy on, whether the proposed strategies for considering radon are implementable, what are roadblocks to success, and any other concerns related to radon in Indian country that can inform and help develop a radon policy that can be successfully implemented under a variety of circumstances. HUD is specifically interested in:

Consultation session 1 occurred Thursday, October 20, 2022

Additional Information

(Top of Page)

---

Floodplain Management and Wetlands Protection

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 expired on July 13, 2021.

(Top of Page)

---

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.

Additional Environmental Information at ONAP Environmental Review Resources

(Top of Page)