[Federal Register Volume 59, Number 67 (Thursday, April 7, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-8189]


[[Page Unknown]]

[Federal Register: April 7, 1994]


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Part IV





Department of the Interior





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Bureau of Indian Affairs



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25 CFR Part 256



Housing Improvement Program; Resource Allocation Methodology; Proposed 
Rule
DEPARTMENT OF THE INTERIOR

Bureau of Indian Affairs

25 CFR Part 256

RIN 1076-AD01

 

Resource Allocation Methodology for the Housing Improvement 
Program

AGENCY: Bureau of Indian Affairs, Interior.

ACTION: Proposed rule.

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SUMMARY: This document proposes a revision to the distribution method 
for Housing Improvement Program (HIP) funds from a housing inventory 
basis to documented eligible applicants. A technical correction is also 
made to eliminate Category C, Downpayments which is inconsistent with 
the intent of the HIP. A revision is proposed to eliminate individuals 
who own a home acquired under Federal housing assistance from the 
Department of Housing and Urban Development (HUD) through an Indian 
Housing Authority from being served under HIP.

DATES: Comments must be submitted on or before June 6, 1994.

ADDRESSES: All comments concerning these proposed regulations should be 
addressed to Ron Thurman, Housing Specialist, Division of Housing 
Assistance, Bureau of Indian Affairs, 18th and C Streets NW. (Mail Stop 
2525 MIB), Washington, DC 20240.
    Request for Comments: Comments are requested from tribes, 
individuals, and tribal organizations. The Assistant Secretary--Indian 
Affairs, will mail a copy of this Federal Register Notice to all 
Federally-recognized Tribes with a personal letter explaining her 
support for HIP and her interest in the proper use of HIP funds.

FOR FURTHER INFORMATION CONTACT: Ron Thurman, Housing Specialist, 
Division of Housing Assistance, (202) 208-5427.

SUPPLEMENTARY INFORMATION: Since FY 1986, the BIA has distributed HIP 
funds using a formula that is based on biennial housing inventories 
submitted by individual tribes. The funding calculation formula is 
based on 90% of the repair need and up to 10% of the new construction 
need indicated by the inventories, except for Alaska where the 
percentages are 95% and 35%. These figures are converted to dollars, 
and the dollar amount is divided by the number of years required to 
complete a work plan. The formula is the basis for proportional 
distribution of appropriated funds. The use of percentages based on an 
assumed HIP responsibility does not reflect an accurate picture of 
individuals eligible for HIP assistance.
    For a variety of reasons, many of the housing inventories are not 
accurate. Accuracy would require a house-by-house assessment and 
completion of a housing inventory work sheet describing the condition 
of each house inventoried to support the repair or replacement 
decision. Most tribes do not have sufficient qualified personnel with a 
construction background to complete the work sheet accurately. 
Presently, there is no requirement to determine whether the individual 
house is occupied and owned by a person who is eligible for HIP 
assistance.
    At a meeting in Albuquerque, New Mexico, November 1-5, 1993, the 
Joint Tribal/DOI/BIA Reorganization Task Force recommended that HIP be 
transferred in FY 1995 to the Tribal Priority Allocation (TPA) section 
of the budget where program priorities and funding levels are 
established by individual tribes. They further recommended that the 
resource allocation methodology for HIP be revised from housing 
inventory to documented eligible applicants to ensure that funding 
distribution better responds to need.
    The policy of the Department of the Interior is, whenever 
practical, to afford the public an opportunity to participate in the 
rulemaking process. Accordingly, interested persons may submit written 
comments regarding the proposed rule to the location identified in the 
Addresses section of this document.
    The Department has certified to the Office of Management and Budget 
that these proposed regulations meet the applicable standards provided 
in sections 2(a) and 2(b)(2) of Executive Order 12778.
    The Department of the Interior has reviewed this document under 
Executive Order 12866. This rule will not have a significant economic 
impact on a substantial number of small entities under the Regulatory 
Flexibility Act (5 U.S.C. 601 et seq.).
    In accordance with E.O. 12630, the Department has determined that 
this rule does not have significant takings implications.
    The Department has determined that this rule does not have 
significant federalism effects.
    The Department of the Interior has determined that this proposed 
rule does not constitute a major Federal action significantly affecting 
the quality of the human environment and that no detailed statement is 
required pursuant to the National Environmental Policy Act of 1969.
    The information collection requirement contained in this part has 
been approved by the Office of Management and Budget as required by 44 
U.S.C. 3501 et seq. and assigned clearance number 1076-0084.
    The primary author of this document is Kay C. Keely, Acting Chief, 
Division of Housing Assistance.

List of Subjects in 25 CFR Part 256

    Grant programs--housing and community development, Grant programs--
Indians, Housing, Indians, Reporting and recordkeeping requirements.

    For the reasons set out in the preamble, part 256 of title 25, 
chapter I of the Code of Federal Regulations is proposed to be amended 
as set forth below.
    1. The authority citation for 25 CFR Part 256 continues to read:

    Authority: 42 Stat. 208. (25 U.S.C. 13).

    2. Section 256.3 (c) and (d) is revised to read as follows:


Sec. 256.3  Policy.

* * * * *
    (c) Beginning in FY 1995 HIP funds will be distributed to tribes 
proportionally based upon the total number of documented program-
eligible applicants submitted by all tribes. Tribes shall make every 
effort to advertise the opportunity to apply for housing assistance to 
all member and non-member Indians residing within the designated 
service area. Tribes shall review HIP applications for eligibility in 
accordance with Sec. 256.6 and ensure that appropriate records and 
documents to verify eligibility are on file. On or before August 1, 
1994, each Tribe shall submit to the Area Office a list of documented 
program-eligible applicants that also specifies the category of service 
to be provided to each applicant. This list shall be accompanied by the 
applications and a tribal resolution affirming the accuracy of the 
list. The Area housing staff will review the HIP applications and 
certify that they have done so before submitting the list of documented 
eligible applicants to the Central Office. In some instances, it may be 
easier for the Area housing staff to inspect the applications at the 
tribal offices. This decision may be made locally.
    (d) Beginning in FY 1995, HIP funds shall be included in the Tribal 
Priority Allocation (TPA) section of the BIA budget. Beginning in FY 
1996, each tribe shall establish its own funding level for HIP within 
the TPA allocation based upon the number of eligible applicants it 
plans to serve in that year. Tribes are encouraged to provide adequate 
funding to meet the housing needs of individuals residing within the 
designated service area. Every effort shall be made to use HIP funds in 
conjunction with other programs so that the result will be a greater 
amount of housing improvements than would otherwise be possible with 
the HIP funds alone. Other funding sources shall be used only to 
supplement HIP funds, not as a means to exceed the regulatory cost 
limits for the category of service.


Sec. 256.4  [Removed]

    3. Section 256.4 (c) is removed.


Sec. 256.6  [Amended]

    4. Section 256.6(c) is revised to read as follows:
* * * * *
    (c) Houses financed by the Department of Housing and Urban 
Development (HUD) shall not be eligible for assistance under HIP.

    5. The introductory paragraph of Sec. 256.7 is revised to read as 
follows:


Sec. 256.7  HIP selection criteria.

    At least every two years, each tribe shall develop a single 
priority list of applicants who satisfy the eligibility requirements of 
Sec. 256.6. The priority list shall be developed using a ranking system 
based upon five basic factors of need: Annual income, family size, 
overcrowded living conditions, age, and handicap or disability. 
Eligible applicants may receive points for any or all of these five 
criteria in accordance with the point schedule contained in Appendix A 
of this part. Individuals with a total score below zero, as a result of 
earning negative points for income, shall not be considered eligible 
and shall not be served. Housing assistance will be provided to 
individuals in priority order based upon the number of points earned. 
Eligibility information should be revalidated before service is 
actually provided.
* * * * *
    6. Section 256.7(f) is removed.
    7. In Appendix A to part 256--Summary of Selection Criteria--Point 
Schedule Factor No. 6 is removed.

    Dated January 27, 1994.
Ada E. Deer,
Assistant Secretary--Indian Affairs.
[FR Doc. 94-8189 Filed 4-6-94; 8:45 am]
BILLING CODE 4310-02-M