[Federal Register Volume 60, Number 47 (Friday, March 10, 1995)]
[Rules and Regulations]
[Pages 13348-13349]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-5969]



      

[[Page 13347]]

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Part VIII





Department of Housing and Urban Development





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Office of the Secretary



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24 CFR Part 92



Eligible Applicants for the HOME Investment Partnerships Program; Final 
Rule

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and Regulations  
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[[Page 13348]] 


DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

Office of the Secretary

24 CFR Part 92

[Docket No. R-95-1775; FR-3860-F-01]
RIN 2501-AB90


Eligible Applicants for the HOME Investment Partnerships Program

AGENCY: Office of the Secretary, HUD.

ACTION: Final rule.

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SUMMARY: This final rule amends the existing interim rule for the HOME 
Investment Partnerships Program by making it conform with the program 
definition for eligible applicants in the Indian Community Development 
Block Grant Program. This revision will eliminate confusion and 
simplify administration of Native American Tribal Programs. This final 
rule is intended to be effective for the Fiscal Year 1995 funding 
cycle, for which applications are due April 14, 1995.

EFFECTIVE DATE: April 10, 1995.

FOR FURTHER INFORMATION CONTACT: Bruce Knott, Director, Housing & 
Community Development Division, Office of Native American Programs, 
room B-133, 451 Seventh Street, SW., Washington, DC 20410, telephone 
(202) 755-0068 (this is not a toll-free number). Hearing- or speech-
impaired persons may use the TDD number by contacting the Federal 
Information Relay Service on 1-800-877-TDDY (1-800-877-8339) (a toll-
free number).

SUPPLEMENTARY INFORMATION:

I. Background

    The HOME Investment Partnerships Program (HOME) was enacted under 
title II (42 U.S.C. 12701-12839) of the Cranston-Gonzalez National 
Affordable Housing Act (NAHA) (Pub. L. 101-625, approved November 28, 
1990). One of the purposes of the HOME program is to provide funds to 
Indian tribes in order to expand the supply of decent, safe, sanitary, 
and affordable housing for very low-income and low-income Americans. 
HUD's implementing regulations for the Indian HOME Program are found at 
24 CFR part 92. In a separate rulemaking, the Department is relocating 
these regulations to a new 24 CFR part 954.
    At the present time, applicants eligible for grant assistance under 
the Indian HOME program are defined as Indian tribes. This has caused 
confusion among constituents for assistance under HUD-administered 
tribal programs, especially in Alaska, and is inconsistent with the 
definition of eligible applicant for grant assistance under the Indian 
Community Development Block Grant program. This final rule amends the 
existing interim rule for the HOME Investment Partnerships Program by 
making it conform with the program definition for eligible applicants 
in the Indian Community Development Block Grant Program in order to 
simplify administration of Native American Tribal Programs. The 
revision is intended to be effective for the Fiscal Year 1995 funding 
cycle, for which applications are due April 14, 1995.

II. Justification for Final Rulemaking

    It is HUD's policy to publish rules for public comment before their 
issuance for effect, in accordance with its own regulations on 
rulemaking found at 24 CFR part 10. However, part 10 provides that 
prior public procedure will be omitted, if HUD determines that it is 
``impracticable, unnecessary, or contrary to the public interest'' (24 
CFR 10.1). The Department finds that in this case prior public comment 
is contrary to the interest of the public. This final rule merely 
amends 24 CFR part 92 by incorporating the definition of ``eligible 
applicants'' found in the Indian Community Development Block Grant 
Program in order to eliminate confusion and simplify administration of 
Native American Tribal Programs.

III. Other Matters

A. Environmental Review

    A Finding of No Significant Impact with respect to the environment 
has been made in accordance with HUD regulations at 24 CFR part 50, 
which implements section 102(2)(C) of the National Environmental Policy 
Act of 1969 (NEPA). This Finding of No Significant Impact is available 
for public inspection between 7:30 a.m. and 5:30 p.m. weekdays in the 
Office of the Rules Docket Clerk, Office of the General Counsel, 
Department of Housing and Urban Development, room 10276, 451 Seventh 
Street, SW., Washington, DC 20410-0500.

B. Federalism Impact

    The General Counsel, as the Designated Official for HUD under 
section 6(a) of Executive Order 12612, Federalism, has determined that 
the policies contained in this final rule 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.

C. Impact on the Family

    The General Counsel, as the designated official under Executive 
Order 12606, The Family, has determined that this final rule would not 
have 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 promulgation of this rule, as those policies and programs relate 
to family concerns.

D. Impact on Small Entities

    The Secretary, in accordance with the Regulatory Flexibility Act (5 
U.S.C. 605(b)), has reviewed and approved this rule, and in so doing 
certifies that this rule will not have a significant economic impact on 
a substantial number of small entities.

E. Regulatory Agenda

    This final rule was not listed in the Department's Semiannual 
Agenda of Regulations published on November 14, 1994 (59 FR 57632) in 
accordance with Executive Order 12866 and the Regulatory Flexibility 
Act.
    The Catalog of Federal Domestic Assistance Number for the HOME 
Program is 14.239.

List of Subjects in 24 CFR part 92

    Administrative practice and procedure, Grant programs--housing and 
communitiy development, Grant programs--Indians, Indians, Low and 
moderate income housing, Manufactured homes, Rent subsidies, Reporting 
and recordkeeping requirements.

    Accordingly, 24 CFR part 92, is amended as follows:

PART 92--HOME INVESTMENT PARTNERSHIPS PROGRAM

    1. The authority citation for part 92 continues to read as follows:

    Authority: 42 U.S.C. 3535(d) and 12701-12839.

    2. Section 92.602 is revised to read as follows:


Sec. 92.602  Eligible Applicants for HOME Funds for Indian Tribes.

    (a) Eligible applicants for HOME funds for Indian tribes are any 
Indian Tribe, band, group, or nation, including Alaskan Indians, 
Aleuts, and Eskimos, and any Alaskan native village of the United 
States which is considered an eligible recipient under Title I of the 
Indian Self-Determination and Education Assistance Act (25 U.S.C. 450) 
or which had been an eligible recipient under the State and Local 
[[Page 13349]] Fiscal Assistance Act of 1972 (31 U.S.C. 1221). Eligible 
recipients under the Indian Self-Determination and Education Assistance 
Act will be determined by the Bureau of Indian Affairs and eligible 
recipients under the State and Local Fiscal Assistance Act of 1972 are 
those that have been determined eligible by the Department of Treasury, 
Office of Revenue Sharing.
    (b) Tribal organizations which are eligible under Title I of the 
Indian Self-Determination and Education Assistance Act may apply on 
behalf of any Indian Tribe, band, group, nation, or Alaskan native 
village eligible under that act for funds under this part when one or 
more of these entities have authorized the Tribal organization to do so 
through concurring resolutions. Such resolutions must accompany the 
application for funding. Eligible Tribal organizations under Title I of 
the Indian Self Determination and Education Assistance Act will be 
determined by the Bureau of Indian Affairs.
    (c) Only eligible applicants shall receive grants. However, 
eligible applicants may contract or otherwise agree with non-eligible 
entities such as States, cities, counties, or other organizations to 
assist in the preparation of applications and to help implement 
assisted activities.
    (d) To apply for funding in a given fiscal year, an applicant must 
be eligible as an Indian Tribe or Alaskan native village, as provided 
in paragraph (a) of this section, or as a Tribal organization, as 
provided in paragraph (b) of this section, by the application 
submission date.
    (e) Applicants must have the administrative capacity to undertake 
the project proposed, including systems of internal control necessary 
to administer these projects effectively.

    Dated: March 2, 1995.
Henry G. Cisneros,
Secretary.
[FR Doc. 95-5969 Filed 3-9-95; 8:45 am]
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