[Federal Register Volume 61, Number 40 (Wednesday, February 28, 1996)]
[Rules and Regulations]
[Pages 7410-7411]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-4438]



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DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

Office of the Assistant Secretary for Public and Indian Housing

24 CFR Part 953

[Docket No. FR-2880-F-08]
RIN 2577-AB31


Community Development Block Grants for Indian Tribes and Alaskan 
Native Villages

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

ACTION: Final rule; Extension of effective period of interim rule.

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SUMMARY: This rule extends the effective period for the interim rule 
for the Community Development Block Grants for Indian Tribes and 
Alaskan Native Villages Program (24 CFR part 953) to such time that a 
final rule is issued and becomes effective.

EFFECTIVE DATE: This final rule, which extends the effective period of 
the interim rule, is effective March 29, 1996.
    The effective period for 24 CFR part 953 is extended from April 1, 
1996, until the final rule adopting the regulations of part 953 is 
published and becomes effective.

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:

I. Justification for Final Rulemaking

    In general, HUD publishes a rule for public comment before issuing 
a rule for effect, in accordance with its own regulations on 
rulemaking, 24 CFR part 10. However, part 10 provides for exceptions 
from that general rule where the agency finds good cause to omit 
advance notice and public participation. The good cause requirement is 
satisfied when prior public procedure is ``impracticable, unnecessary, 
or contrary to the public interest'' (24 CFR 10.1). HUD finds that good 
cause exists to publish this rule for effect without first soliciting 
public comment, because prior public procedure is unnecessary.
    This final rule is technical, in that it merely extends the 
effective period for existing regulations, and it effects no 
substantive change to those regulations. The public has had an 
opportunity to comment on the substance of the regulations, as the 
interim rule for this program was published subject to a 150-day public 
comment period, and the interim rule was preceded by an earlier interim 
rule which provided for a 225-day public comment period and an even 
earlier proposed rule which provided a 60-day public comment period.

II. Background

    Section 105 of the Department of Housing and Urban Development 
Reform Act of 1989 (Pub. L. 101-235), as amended by the National 
Affordable Housing Act, amended Title I of the Housing and Community 
Development Act of 1974, by transferring the authority for making 
grants to Indian Tribes from the section 107 discretionary fund to the 
allocation and distribution of funds provisions of Section 106 of the 
1974 Act. Under section 106, as so amended, one percent of the title I 
appropriation, excluding the amounts appropriated for use under section 
107, is allocated for grants to Indian Tribes. The allocated amount is 
to be distributed to Indian Tribes/Villages on a competitive basis in 
accordance with selection criteria ``contained in a regulation 
promulgated by the Secretary after notice and public comment.''
    The Department issued the proposed rule on June 21, 1991, at 56 FR 
28666, to comply with the requirement for publication for comment. The 
Department issued an interim rule on April 7, 1992, at 57 FR 11832, to 
give the public an additional opportunity to comment on the interim 
rule after it has been in effect for one round of competition. A second 
interim rule was issued on July 27, 1994, at 59 FR 38326, to address 
the comments received on the April 7, 1992 interim rule and to allow 
the public to see how the interim rule worked in conjunction with the 
1995 NOFA.
    Section 953.1 of the July 27, 1994 interim rule contains a 
``sunset'' provision that provides that the interim rule will expire on 
April 1, 1996.
    The final rule for part 953 is in its last stages of development 
and publication is anticipated in the near future. However, in order to 
prevent a period in which the Department will be without effective 
regulations, HUD is extending the effective period of the interim rule 
until the final rule is published and becomes effective.

III. Other Matters

National Environmental Policy Act

    A Finding of No Significant Impact with respect to the environment 
has been made in accordance with HUD regulations at 24 CFR part 50 
implementing section 102(2)(C) of the National Environmental Policy Act 
of 1969, 42 U.S.C. 4332. The Finding of No Significant Impact is 
available for public inspection and copying between 7:30 a.m. and 5:30 
p.m. weekdays at the Office of Rules Docket Clerk, 451 Seventh Street, 
SW, room 10276, Washington, DC 20410-0500.

Regulatory Flexibility Act

    The Secretary, in accordance with the Regulatory Flexibility Act (5 
U.S.C. 605(b)), has reviewed this rule before publication and by 
approving it certifies that the rule does not have a significant 
economic impact on a substantial number of small entities. The rule 
merely extends the effective period for the interim rule. 

[[Page 7411]]


Executive Order 12606, The Family

    The General Counsel, as the Designated Official under Executive 
Order 12606, The Family, has determined that this rule does not have 
the potential to promote family formation, maintenance, and general 
well-being and, therefore, is not subject to review under the Order.

Executive Order 12611, Federalism

    The General Counsel, as the Designated Official under section 6(a) 
of Executive Order 12611, Federalism, has determined that the rule does 
not have a substantial, direct effect on the States or on the 
relationship between the Federal government and the States, or on the 
distribution of power or responsibilities among the various levels of 
government and, therefore, is not subject to review under the Order.

List of Subjects in 24 CFR Part 953

    Alaska, Community development block grants, Grant programs--housing 
and community development, Reporting and recordkeeping requirements.

Catalog of Federal Domestic Assistance

    The Catalog of Federal Domestic Assistance program number is 
14.223.
    In accordance with the reasons set forth in the preamble, 24 CFR 
part 953 is amended as follows:

PART 953-COMMUNITY DEVELOPMENT BLOCK GRANTS FOR INDIAN TRIBES AND 
ALASKAN NATIVE VILLAGES

    1. The authority citation for 24 CFR part 953 continues to read as 
follows:

    Authority: 42 U.S.C. 3535(d) and 5301 et seq.

    2. Section 953.1 is amended to designate the first paragraph as 
``(a)'' and to designate the second paragraph as ``(b)'' and to revise 
newly designated paragraph (b) to read as follows:


Sec. 953.1  Applicability and scope.

    (a) * * *
    (b) The regulations of this part will remain in effect until the 
date the final rule adopting the regulations of this part with or 
without changes is published and becomes effective.

    Dated: February 22, 1996.
Kevin Emanuel Marchman,
Acting Assistant Secretary for Public and Indian Housing.
[FR Doc. 96-4438 Filed 2-27-96; 8:45 am]
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