[Federal Register Volume 59, Number 190 (Monday, October 3, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-24328]


[[Page Unknown]]

[Federal Register: October 3, 1994]


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DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

Office of the Secretary

24 CFR Part 791

[Docket No. R-94-1752; FR-3737-F-01]

 

Allocation of Budget Authority for Indian Housing

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

ACTION: Final rule.

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SUMMARY: This rule amends HUD's regulations at 24 CFR part 791 on the 
allocation of budget authority with respect to the data to be used in 
determining the relative need for housing assistance in each HUD Field 
Office jurisdiction for the Indian housing program under 24 CFR part 
905.

EFFECTIVE DATE: November 2, 1994.

FOR FURTHER INFORMATION CONTACT: Dom Nessi, Director, Office of Native 
American Programs, Room 8204, L'Enfant Plaza, Building 490 East, 
Washington, DC 20410; telephone (202) 755-0066; (TDD) (202) 708-9300. 
(These telephone numbers are not toll-free.)

SUPPLEMENTARY INFORMATION: Subpart D of 24 CFR part 791 provides the 
procedures for allocating budget authority under section 213(d) of the 
Housing and Community Development Act of 1974 among the HUD Field 
Offices for certain programs specified in 24 CFR 791.101(a). The 
regulations currently provide that budget authority for the Indian 
housing program under 24 CFR part 905 shall be allocated on the basis 
of the relative housing needs of the Indian tribal population, ``as 
measured by the Bureau of Indian Affairs, and by data for non-BIA 
recognized groups served by the Indian housing program.'' (See 24 CFR 
791.402(c)(2).)
    The Bureau of Indian Affairs (BIA) no longer provides data upon 
which HUD can make its determination. This rule amends 
Sec. 791.402(c)(2) to provide that HUD will base its determination upon 
data from the most recent, available decennial census and, where 
appropriate, more recent data from the Bureau of the Census or other 
Federal agencies.

Justification for Final Rule Making

    In accordance with its own regulations on rulemaking in 24 CFR part 
10, the Department generally publishes a rule for public comment before 
issuing a rule for effect, unless to do so would be impracticable, 
unnecessary, or contrary to the public interest. This rule is being 
published for effect without prior public comment because the 
Department believes to do so would be unnecessary. The decennial census 
is the source of data used in making determinations for allocating 
budget authority in non-Indian housing programs, and therefore, is one 
the Department has confidence in as a reliable and objective source.

Other Matters

Environmental Impact

    In accordance with 40 CFR 1508.4 of the regulations of the Council 
on Environmental Quality and 24 CFR 50.20(k) of the HUD regulations, 
the policies and procedures contained in this rule relate only to 
internal administrative procedures whose content does not constitute a 
development decision nor affect the physical condition of project areas 
or building sites and, therefore, are categorically excluded from the 
requirements of the National Environmental Policy Act.

Regulatory Flexibility Act

    The Secretary, in accordance with the Regulatory Flexibility Act (5 
U.S.C. 605(b)), has reviewed this document before publication and by 
approving it certifies that the rule would not have a significant 
economic impact on a substantial number of small entities. The rule 
revises existing procedures for the allocation of housing assistance 
funds, but will make no change in the economic impact of these 
procedures on small entities.

Executive Order 12606, the Family

    The General Counsel, as the Designated Official under Executive 
Order 12606, The Family, has determined that this rule will not have a 
significant impact on family formation, maintenance, or well-being. No 
significant change in existing HUD policies or programs will result 
from promulgation of this rule, as those policies and programs relate 
to family concerns.

Executive Order 12612, Federalism

    The General Counsel, as the Designated Official under section 6(a) 
of Executive Order 12612, Federalism, has determined that this rule 
does not involve the preemption of State law by Federal statute or 
regulation and does not have Federalism implications. Specifically, the 
rule will not substantially alter the established roles of HUD and the 
States and local governments, including IHAs, in administering affected 
programs. As a result, the rule is not subject to review.

Regulatory Agenda

    This rule was not listed on the Department's semi-annual regulatory 
agenda published on April 25, 1994, at 59 FR 20424, under Executive 
Order 12866 and the Regulatory Flexibility Act.

List of Subjects in 24 CFR Part 791

    Grant programs--housing and community development, Indians, 
Intergovernmental relations, Public housing, Rent subsidies.

    Accordingly, 24 CFR part 791 is amended as follows:

PART 791--REVIEW OF APPLICATIONS FOR HOUSING ASSISTANCE AND 
ALLOCATIONS OF HOUSING ASSISTANCE FUNDS

    1. The authority citation for 24 part 791 continues to read as 
follows:

    Authority: 42 U.S.C. 1439; 42 U.S.C. 3535(d).

    2. Section 791.402 is amended by revising paragraph (c)(2) to read 
as follows:


Sec. 791.402  Determination of lower income housing needs.

* * * * *
    (c) * * *
    (2) Budget authority for the Indian housing program under 24 CFR 
part 905 shall be allocated on the basis of the relative housing needs 
of the Indian tribal population, based upon data from the most recent, 
available decennial census and, where appropriate, upon more recent 
data from the Bureau of the Census or other Federal agencies.
* * * * *
    Dated: September 20, 1994.
Henry G. Cisneros,
Secretary.
[FR Doc. 94-24328 Filed 9-30-94; 8:45 am]
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