[Federal Register Volume 59, Number 170 (Friday, September 2, 1994)]
[Notices]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-21739]


[[Page Unknown]]

[Federal Register: September 2, 1994]


-----------------------------------------------------------------------

DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
Office of the Assistant Secretary for Public and Indian Housing
[Docket No. R-94-1746; FR-3763-N-01]

 

Notice of Proposed Interdepartmental Agreement on Indian Housing 
Program

AGENCY: Office of the Assistant Secretary for Public and Indian 
Housing, HUD.

ACTION: Notice of proposed interdepartmental agreement.

-----------------------------------------------------------------------

SUMMARY: With this Notice, HUD's Office of Native American Programs is 
soliciting comments from Tribal Councils, Indian Housing Authorities, 
and other interested parties on a proposed Interdepartmental Agreement 
on HUD's Indian Housing Program before this proposed agreement is 
adopted as final.

DATES: Comments due date: October 17, 1994.

ADDRESSES: Interested persons are invited to submit comments regarding 
this proposed rule to the Rules Docket Clerk, Office of General 
Counsel, Room 10278, Department of Housing and Urban Development, 451 
Seventh Street SW., Washington, DC 20410. Communications should refer 
to the above docket number and title. A copy of each communication 
submitted will be available for public inspection and copying between 
7:30 a.m. and 5:30 p.m. weekdays at the above address. FAXED comments 
will not be accepted.

FOR FURTHER INFORMATION CONTACT: Dominic Nessi, Director, Office of 
Native American Programs, Department of Housing and Urban Development, 
room B-133, 451 Seventh Street SW., Washington, DC 20410; telephone 
(202) 755-0032; (TDD) (202) 708-0850. (These are not toll-free 
numbers.)

SUPPLEMENTARY INFORMATION: This proposed Interdepartmental Agreement on 
HUD's Indian Housing Program sets forth the working relationship among 
the Department of Housing and Urban Development (HUD), the Bureau of 
Indian Affairs (BIA), and the Indian Health Service (IHS) in the 
delivery of services to Tribes and Indian Housing Authorities (IHA) in 
conjunction with the planning and construction of new housing developed 
with financial assistance of HUD's Indian Housing Program.
    The Interdepartmental Agreement (IA) establishes a general 
foundation for this cooperative effort and guidelines by which each of 
the three agencies will interact with Tribal governments and IHAs. The 
IA will be supplemented, as necessary, by individual Memorandums of 
Agreement (MOA) developed between local decision makers and the 
specific federal agencies assisting in the development of the housing.
    The Department has been working with the BIA and IHS to revise the 
existing Interdepartmental Agreement which was published in 1976 and 
has not been updated to meet the regulatory requirement revisions that 
affect federal tribal interaction in the Indian Housing Program. The 
BIA Housing Improvement Program (HIP) was eliminated from this IA to 
streamline the agreement among all signatory agencies in the 
development of HUD Indian housing programs. It is anticipated that the 
IHS and the BIA will be addressing the BIA-HIP separately. Other 
sections pertaining to program procedures are more appropriately 
covered in the program handbook or program Notice of Funding 
Availability (NOFA) and have been deleted from the IA.
    The text of the proposed Interdepartmental Agreement follows:
PROPOSED INTERDEPARTMENTAL AGREEMENT ON THE INDIAN HOUSING PROGRAM
THE DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT--OFFICE OF NATIVE 
AMERICAN PROGRAMS
THE DEPARTMENT OF INTERIOR--BUREAU OF INDIAN AFFAIRS
THE DEPARTMENT OF HEALTH AND HUMAN SERVICES--INDIAN HEALTH SERVICE
1.0  STATEMENT OF PURPOSE.
    The purpose of the Interdepartmental Agreement (IA) is to set forth 
the working relationship among the Department of Housing and Urban 
Development (HUD), the Bureau of Indian Affairs (BIA), and the Indian 
Health Service (IHS) in the delivery of services to Tribes and Indian 
Housing Authorities (IHAs) in conjunction with the planning and 
construction of new Indian housing developments. The above agencies 
share a common goal to assist Tribes in improving their living 
environment through the delivery of quality housing and infrastructure. 
This goal can be more readily achieved with an efficient and integrated 
utilization of available resources.
    The Interdepartmental Agreement establishes a general foundation 
for this cooperative effort and the guidelines by which each of the 
three agencies will interact with Tribal governments and IHAs. The IA 
will be supplemented, as necessary, by individual Memorandums of 
Agreement (MOA) developed between local decision-makers and the 
specific federal agencies assisting in the development of the housing.
2.0  GENERAL AGENCY RESPONSIBILITIES.
    2.1  HUD RESPONSIBILITIES. HUD will provide financial assistance 
for the development and management of low income housing and community 
developments in Indian and Alaska Native areas through the Traditional 
Indian Housing Development Program.
    2.2  BIA RESPONSIBILITIES. BIA will review and approve all required 
trust land lease issues, easements and real estate appraisals; provide 
maintenance services to those IHA constructed roads and streets 
accepted into the BIA road systems in accordance with 25 CFR Part 170; 
and provide other support, when available, necessary for the timely 
development of housing.
    2.3  IHS RESPONSIBILITIES. The IHS provides a comprehensive primary 
and preventive health services delivery system for American Indians and 
Alaska Natives. The environmental health component of IHS assists 
Tribes by providing technical and financial assistance in the 
development of tribal sanitation facilities [water, waste water, and 
solid waste facilities and operation & maintenance (O&M) 
infrastructure]. As originally authorized under the Indian Sanitation 
Facilities Act of 1959 (Public Law 86-121), and as amended by the 
Health Care Improvement Act of 1988 (Public Law 100-713), IHS has the 
primary responsibility and authority to provide Native American homes 
and communities with the necessary sanitation facilities and related 
services.
3.0  AGENCY COORDINATION.
    3.1  PROCESSING PROCEDURES. The signatories of the IA agree to 
maintain timely and relevant processing of regulations, handbooks, 
notices and other administrative guidance for use by Tribes and IHAs. 
All signatory agencies will be given an opportunity to comment on such 
documents before they are made effective.
    3.2  PROGRAM ADMINISTRATION. The signatories of the IA agree to 
enforce the provisions of current program guidance with their 
respective area/regional offices. Disputes between or among the 
signatory agencies may be made in writing to the head of the 
appropriate area or field office involved, with a copy to the other 
agencies. Unresolved disputes extending more than 90 days beyond the 
date of submission shall be referred, in writing, to the Headquarters 
Working Group for resolution. This group is composed of the Director, 
Office of Native American Programs in HUD; Director, Office of Trust 
Responsibilities in BIA; and the Director, Division of Environmental 
Health in IHS.
    3.3  INFORMATION SHARING. Whenever possible, the signatory agencies 
will provide, or cause to be provided, copies of housing and supporting 
infrastructure planning documents, to include utility master plans, 
transportation plans, and IHA comprehensive housing plans, to the 
appropriate area/regional offices of other signatory agencies.
    HUD Field Offices of Native American Programs will provide 
quarterly reports on the progress of HUD's assisted housing projects to 
BIA and IHS. These reports will indicate the method of construction, 
project number, and number of units. Scheduled and actual completion 
dates for applicable project review points will be provided, where 
available.
    3.4  GRANT AWARD. Signatory agencies will provide copies of 
applicable housing and supporting infrastructure grant/project award 
notices to the other signatory agencies as soon as practicable after 
notification to Tribes.
4.0  DEVELOPMENT OF HOUSING UNITS.
    4.1  HUD RESPONSIBILITIES.
    4.1.1  Applications. HUD will advise IHAs to use BIA and IHS 
summaries of existing infrastructure and recommendations to support 
proposed housing project applications for funding.
    4.1.2  Project Coordination. HUD will advise IHAs to use handbooks 
concerning procedures the IHA may use to determine what assistance they 
need from the BIA and IHS. At the request of a Tribe through the IHA, 
the BIA (including Area Road Engineers and Realty Officers) and IHS 
will provide, to the extent feasible, technical reviews and 
recommendations on project planning, design and construction documents 
involving supporting infrastructure, and related requirements at 
appropriate project review points. Appropriate project review points 
will be determined on a project by project basis and may include: 
project coordination schedule review, housing site feasibility review, 
project plan review, project final inspection, and record drawings 
review. Schedules or commitments made as a result of project 
coordination require the approval of the appropriate IHS and/or BIA 
official.
    4.1.3  Standard vs Assisted Housing Development Method. The 
Standard Method of development refers to all procedures, guidelines and 
requirements associated with the normal development of an Indian 
housing project by an administratively capable IHA. The Assisted Method 
contains all of the procedures, guidelines and requirements associated 
with the development of an Indian housing development by an IHA which 
has requested additional HUD assistance due to its inexperience or lack 
of staff resources, or by an IHA which has been deemed by HUD to need 
additional assistance, monitoring and supervision during the 
development process. The Standard Method will require less oversight by 
the signatory agencies as compared to the Assisted Method.
    4.2  BIA RESPONSIBILITIES.
    Leases, Easements and Real Estate Appraisals on Trust Property. 
Where resources are available, the BIA will provide real estate 
appraisals at the request of the IHA. All leases and easements shall be 
approved by the BIA.
5.0  DEVELOPMENT OF ON-SITE AND OFF-SITE ROADS.
    5.1  HUD RESPONSIBILITIES.
    On-Site Street Construction. HUD will provide sufficient funds for 
the construction of on-site streets, in accordance with the American 
Association of State Highway and Transportation Officials (AASHTO) 
standards. The IHA will have the overall responsibility for 
construction of on-site streets. The Tribal government must determine 
the type of streets to be constructed in conjunction with housing 
projects, and whether the streets will be included in the BIA Roads 
System for maintenance by the BIA. HUD will advise each IHA and Tribe 
which receives a HUD Housing Grant that the on-site streets must be 
designed and constructed to AASHTO standards to be eligible for 
inclusion on the BIA roads system.
    5.2  BIA RESPONSIBILITIES.
    5.2.1  Access Road Construction. When requested by the Tribal 
government, the BIA will plan and construct access roads to housing 
developments. Sufficient lead time is required to develop access roads. 
This lead time may be as much as 2\1/2\ years. The BIA will coordinate 
access road construction with the IHA and make every effort to complete 
such roads prior to the completion of the housing project.
    5.2.2  Road/Street Maintenance. IHA-developed streets may be added 
to the BIA Roads System only when the street(s) and related curb, 
gutters and drainage features have been built to acceptable AASHTO 
specifications and standards, and the right-of-way is transferred to 
the BIA. When requested by the Tribal government, the BIA Area Office 
will accept IHA developed streets on the BIA Roads System and will 
provide ongoing maintenance for those streets that meet the above 
specifications and standards.
6.0  DEVELOPMENT OF SANITATION FACILITIES.
    6.1  HUD RESPONSIBILITY. To the extent that funds are appropriated 
by Congress, HUD will fund the water, waste water, solid waste 
facilities, and O&M infrastructure necessary for the traditional HUD 
financed housing projects. O&M infrastructure includes the plant, 
equipment, tools and training needed by utility authorities to provide 
continuing sanitation service to the residents of HUD-financed homes, 
as well as the long range planning necessary to identify and implement 
those requirements.
    6.2  IHS RESPONSIBILITY. IHS provides water, waste water, solid 
waste facilities, and O&M infrastructure based on Congressional 
directives and to the extent that funds are appropriated. IHS also 
receives funds from Tribes or other agencies to provide sanitation 
facilities under its authorities. Eligibility for IHS financial 
assistance is determined by IHS on a project by project basis, and 
funding is based on a duly executed MOA.
    6.3  IHS PARTICIPATION IN HUD FUNDED SANITATION FACILITIES 
CONSTRUCTION. When requested by the Tribe and the IHA, IHS may 
participate in the construction of sanitation facilities funded under 
the traditional HUD-assisted housing development program. IHS 
participation will be on a project by project basis, pursuant to an 
approved MOA duly executed by the IHA, Tribe, IHS, and if necessary, 
HUD.
    6.4  INDIVIDUAL AND COMMUNITY SANITATION SYSTEMS. Where it is 
determined that sanitation facilities are feasible and necessary, the 
following conditions will apply:
    6.4.1  The agency financing the house construction or improvement 
is responsible for the installation of all dwelling plumbing 
facilities.
    6.4.2  Where facilities serve only HUD-assisted housing project 
homes, HUD will fund the total cost of the sanitation facilities 
necessary to serve the project. Where HUD-assisted housing project 
homes are interspersed with existing homes also served by a sanitation 
facility, HUD shall fund a prorated share of sanitation facilities 
costs. All community sanitation system construction, improvement, or 
expansion will be designed on the basis of a total community concept, 
such that the proposed sanitation facilities are (a) safe and adequate 
to meet the environmental health needs of residents, (b) compatible 
with tribal infrastructure development, and (c) economically feasible 
to construct and operate.
7.0  ENVIRONMENTAL COMPLIANCE.
    Each signatory agency (HUD, BIA, and IHS) shall be responsible for 
following its own applicable procedures addressing the requirements of 
the National Environmental Policy Act (NEPA), and related and/or 
similar environmental legislation and/or Executive Orders. The 
Memorandum of Understanding (MOU), dated June 21, 1991, signed by BIA, 
HUD, IHS, and the Environmental Protection Agency clarifies each 
agencies' role in environmental protection.
    In the implementation of the roles identified in the MOU and the 
responsibilities assigned in the IA, to the extent feasible, all 
signatory agencies will adopt and/or combine environmental documents 
that comply with NEPA and related regulations, which are provided by 
the other signatory agencies, in order to reduce duplication and 
paperwork. Copies of one signatory agency's environmental determination 
documentation (e.g., archeological review) may be required by another 
signatory agency prior to granting approvals; however, the approving 
agency shall not require the applying agency to change procedures, 
format, etc., during the review process and prior to granting its 
approval.

    Dated: August 26, 1994.
Joseph Shuldiner,
Assistant Secretary for Public and Indian Housing.
[FR Doc. 94-21739 Filed 9-1-94; 8:45 am]
BILLING CODE 4210-33-P