[Federal Register Volume 60, Number 10 (Tuesday, January 17, 1995)]
[Rules and Regulations]
[Pages 3344-3345]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-1057]



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DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

Office of the Secretary

24 CFR Part 791

[Docket Number R-95-1637; FR-3446-N-02]
RIN 2501-AB62


Allocation of Budget Authority for Housing Assistance; Notice of 
Extension of Effective Period of Interim Rule

AGENCY: Office of the Secretary, HUD.

ACTION: Notice of extension of effective period of interim rule.

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SUMMARY: This notice extends the effective period of HUD's interim rule 
which added two subcategories of budget authority for uses that the 
Secretary determines are incapable of geographic allocation by formula.

EFFECTIVE DATE: This notice, which extends the effective period of the 
interim rule, is effective on February 1, 1995. The effective period 
for the interim rule is extended from February 1, 1995 until the final 
rule is published.

FOR FURTHER INFORMATION CONTACT: For the Public and Indian Housing 
program, and section 8 voucher, certificate, and moderate 
rehabilitation programs, William R. Minning, Director, Policy Division, 
Room 4234, Department of Housing and Urban Development, 451 Seventh 
Street, S.W., Washington, D.C. 20410-0500, telephone (202) 708-0713. 
Hearing- or speech-impaired individuals may call HUD's TDD number (202) 
708-0850. For other assisted housing programs, Joel Balsham, Program 
Advisor, Office of the Deputy Assistant Secretary for Multifamily 
Housing, Room 6124, Department of Housing and Urban Development, 451 
Seventh Street, S.W., Washington, D.C. 20410-8000, telephone (202) 708-
4135. Hearing- or speech-impaired individuals may call HUD's TDD number 
(202) 755-4594. (These are not toll-free numbers.)

SUPPLEMENTARY INFORMATION:

I. Background

    On August 4, 1993 (58 FR 41426), the Department published an 
interim rule which added two subcategories of budget assistance to 
Sec. 791.403 for uses that the Secretary determines are incapable of 
geographic allocation by formula. The first subcategory added by the 
interim rule was budget authority as identified in the Operating Plan 
submitted to the Appropriations Committees.
    The ``Operating Plan'' is presented annually to the Appropriations 
Committees to reflect changes from the budget originally submitted to 
the Congress by the Administration. Its history dates back to 1987 when 
the Conference Report accompanying H.J. Res. 395, ``Making Further 
Continuing Appropriations for the Fiscal Year Ending September 30, 
1988,'' stated that ``because of the substantial changes in many 
accounts from the budget estimates (including a number of general 
reductions), the conferees direct that [HUD and the Independent 
Agencies covered in the same appropriation] submit a fiscal year 1988 
operating plan by February 1, 1988.'' H.R. Rep. 100-498 (Dec. 22, 
1987), at 837. The statement added that ``the conferees expect such 
operating plans to include recommended changes from the budget 
estimates except that no reductions may be proposed in programs, 
projects, or activities for which funding has been added by the 
Congress.'' Ever since that time, the Department has furnished the 
Committees an Operating Plan annually which identifies changes from 
published estimates, including reprogramming within amounts set out in 
the Conference Report table.
    The August 1993 interim rule also added a second subcategory of 
budget authority incapable of geographic allocation by formula 
consisting of recently enacted legislation which prescribes that a 
portion of program assistance be set aside or otherwise mandated for 
other than general use. Recent HUD authorization statutory amendments 
contain provisions which have the effect of specifically targeting 
appropriated funds. For example, section 101(b) of the Housing and 
Community Development Act of 1992, Pub.L. 102-550 (Oct. 28, 1992), 
amended the United States Housing Act of 1937 to require funding of $20 
million in both FY 1993 and FY 1994 for section 8 15 year contracts for 
project-based assistance to be used for a multicultural tenant 
empowerment and homeownership project located in the District of 
Columbia. This assistance obviously is incapable of geographic 
allocation by formula because it is expressly authorized for one city 
only.
    In the first year following enactment of set-asides like the one 
described immediately above, the Operating Plan could be expected to 
address these newly established purposes. In subsequent years, however, 
they would have been incorporated in the Department's budget. For that 
reason, the interim rule also added to Sec. 791.403(b)(ii) the 
subcategory of assistance included in an authorization statute, such as 
set-asides, where the Secretary determines that such assistance is 
incapable of geographic allocation by formula.
    The interim rule published in August 1993 expires on February 1, 
1995 if there are no set asides in the operating plan submitted to 
Congress in January 1995. The rule finalizing the August 1993 interim 
rule is in its last stages of review. However, in order to prevent a 
period during which the Department cannot meet Congressional intent in 
allocating budget authority, HUD is extending the effective period of 
the interim rule until the final rule is published.

II. Other Matters

A. Environmental Impact

    In accordance with 40 CFR 1508.4 of the regulations of the Council 
on [[Page 3345]] Environmental Quality and 24 CFR 50.20(k) of the HUD 
regulations, the policies and procedures contained in the interim rule 
published on August 4, 1993 (58 FR 41426), and today's notice 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.

B. Executive Order 12612, Federalism

    The General Counsel, as the Designated Official under section 6(a) 
of Executive order 12612, Federalism, has determined that the policies 
contained in this notice will not have substantial direct effects on 
states or their political subdivisions, or the relationship between the 
Federal government and the states, or on the distribution of power and 
responsibilities among the various levels of government. Specifically, 
this notice will not substantially alter the established roles of HUD 
and the States and local governments, in administering the affected 
programs. As a result, this notice is not subject to review under the 
order.

C. Executive Order 12606, The Family

    The General Counsel, as the Designated Official under Executive 
Order 12606, The Family, has determined that this notice does not have 
potential for significant impact on family formation, maintenance, and 
general well-being, and, thus, is not subject to review under the 
Order. No significant change in existing HUD policies or programs will 
result from extending the effective date of the interim rule adding two 
subcategories of budget authority incapable of geographic allocation by 
formula, as those policies and programs relate to family concerns.

    Dated: January 6, 1995.
Henry G. Cisneros,
Secretary.
[FR Doc. 95-1057 Filed 1-13-95; 8:45 am]
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