[Federal Register Volume 61, Number 176 (Tuesday, September 10, 1996)]
[Notices]
[Pages 47788-47791]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-22923]



[[Page 47787]]


_______________________________________________________________________

Part II

Department of Health and Human Services
Indian Health Service

Department of Housing and Urban Development

Department of the Interior
Bureau of Indian Affairs
_______________________________________________________________________



Interdepartmental Agreement on Indian Housing Program; Notice

  Federal Register / Vol. 61, No. 176 / Tuesday, September 10, 1996 / 
Notices  

[[Page 47788]]



DEPARTMENT OF HEALTH AND HUMAN SERVICES

Indian Health Service

DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

Office of the Assistant Secretary for Public and Indian Housing
[Docket No. FR-3763-N-02]

DEPARTMENT OF THE INTERIOR

Bureau of Indian Affairs


Notice of Interdepartmental Agreement on Indian Housing Program

AGENCIES: Offices of the Indian Health Service (HHS); the Assistant 
Secretary for Public and Indian Housing, (HUD); and the Bureau of 
Indian Affairs, (Interior).

ACTION: Notice of Interdepartmental Agreement.

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SUMMARY: This notice announces an Interdepartmental Agreement which 
sets forth the guidelines by which HUD, the Bureau of Indian Affairs, 
and the Indian Health Service will coordinate their efforts in the 
delivery of services and financial assistance to Tribes and Indian 
Housing Authorities.

EFFECTIVE DATE: September 10, 1996.

FOR FURTHER INFORMATION CONTACT: Dominic Nessi, Deputy Assistant 
Secretary for Native American Programs, Office of Public and Indian 
Housing, Department of Housing and Urban Development, Room B-133, 451 
Seventh Street, SW, Washington, DC 20410; telephone (202) 755-0032. 
Hearing- or speech-impaired individuals may access this number by 
calling the Federal Relay Service TTY at 1-800-877-8339. (With the 
exception of the ``800'' number, these are not toll-free numbers.)

SUPPLEMENTARY INFORMATION:

I. September 2, 1994 Notice of Proposed Interdepartmental Agreement

    On September 2, 1994 (59 FR 45702) HUD published a notice which 
proposed to set forth the working relationship among 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 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 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 NOFA and have been deleted 
from the IA.
    HUD solicited public comments on the proposed IA. Eight comments 
were received. The following section of the preamble presents a summary 
of the comments raised by the commenters, and HUD's responses to these 
comments.

II. Comments on the September 2, 1994 Notice of Proposed 
Interdepartmental Agreement

    Comment. Two commenters wrote that proposed section 5.2.1 of the 
IA, which concerns the construction of access roads, should be revised 
to clarify that the BIA ``has responsibility for access roads which 
provide public access to cluster sites only and not private access to 
individual sites which the BIA is prohibited from constructing.''
    Response. HUD has adopted the comment by revising section 5.2.1 to 
exclude individual homesites from the access road construction 
requirements.
    Comment. One commenter wrote that the language in proposed section 
5.2.1 granting the BIA a lead time of 2\1/2\ years in the construction 
of access roads should be revised. The commenter believed that ``in the 
2\1/2\ year interim, the `temporary' access road built by the IHA 
becomes unacceptable as there is a void of responsibility for 
constructing a permanent access road. The BIA should be required to 
pick up these roads immediately after the IHA has completed the 
project.''
    Response. HUD has not revised the IA as a result of this comment. 
Due to budgetary prioritization, the 2\1/2\ year time-frame is 
necessary for BIA to complete its part of the project.
    Comment. Two of the commenters urged that the IA provide for 
greater coordination in National Environmental Policy Act (NEPA) 
compliance efforts. One of the commenters recommended that section 7.0 
be revised to specify that each signatory agency will follow procedures 
in a manner which will avoid or minimize delays and that timelines for 
compliance will be included in time schedules worked out at the project 
coordination meeting. The other commenter suggested that the IA permit 
the designation of a lead agency ``in performing NEPA compliance where 
the project encompasses the functions of all [three] agencies.'' The 
commenter believed this would expedite the development of a project by 
eliminating ``multiple comment periods, multiple opportunities for 
litigation, and multiple FONSIs or EISs.''
    Response. Based upon the IHS's recommendation, HUD has revised the 
IA as a result of these comments. Section 7.0 now provides that in 
order to minimize delays, HUD, or the Tribal government which has 
assumed HUD's NEPA responsibility, shall be the lead agency for the 
preparation of all required environmental statements.
    Comment. One commenter wrote that the IA should address land 
acquisitions since, according to the commenter, ``acquisitions require 
as much coordination between the BIA and HUD as does development.'' 
Specifically, the commenter believes the BIA should delegate authority 
to area offices to approve land acquisitions. Alternatively, the 
commenter proposed that the BIA designate a person to exclusively 
review and approve HUD financed land acquisitions. Moreover, the 
commenter suggested that the IA require NEPA review of these 
acquisitions.
    The commenter also suggested that HUD and the BIA coordinate their 
acquisition related time requirements. The commenter believed that, due 
to the time needed by the BIA to take land in trust, some IHAs may not 
be able to meet HUD's requirement that construction commence within 30 
months of a program reservation date. The commenter urged that HUD and 
the BIA ``negotiate time lines and procedures to avoid these 
conflicts.''
    Response. HUD and the BIA will work more closely in coordinating 
time requirements.
    Comment. One commenter wrote to suggest that proposed section 2.2 
of the IA be revised to specify that the BIA will review and approve 
all Tribal trust, restricted fee and allotted land housing leases in 
accordance with 25 CFR part 162. Furthermore, the commenter suggested 
additional language stating that BIA will review and approve all 
easements to housing sites in accordance with 25 CFR part 169. Lastly, 
the commenter recommended that proposed section 2.3 be revised to

[[Page 47789]]

require that all housing sites have approved easements and leases 
before the start of construction.
    Response. HUD has adopted the first two elements of this comment. 
In reference to requiring the IHAs to complete all easements and leases 
prior to construction, this is a requirement that is inappropriate for 
this IA since the IA does not encompass the Indian Housing Authorities. 
This is a requirement that would more appropriately be added to the 
local Memorandum of Understanding (MOU).
    Comment. One commenter objected to the fact that proposed section 
2.2 of the IA ``does not specifically state that the BIA is responsible 
for funding access road construction in HUD assisted housing 
projects.'' According to the commenter, ``this weakens the BIA's 
responsibility of supporting HUD-assisted housing projects.''
    Response. HUD has not adopted this comment. The IA does not have 
the force of law, but merely sets forth the coordination efforts of 
HUD, the BIA, and the IHS. Accordingly, the comment is inappropriate 
for inclusion in the IA.
    Comment. Two commenters objected to the language in proposed 
section 6.3, IHS PARTICIPATION IN HUD FUNDED SANITATION FACILITIES 
CONSTRUCTION, which states that the IHS ``may participate'' in the 
construction of sanitation facilities. According to the commenters 
``this statement does not adequately commit the IHS to execute their 
responsibility for sanitation system development which servers [sic] 
Native Americans.''
    Response. Based on the IHS's recommendation, HUD has adopted this 
comment by revising section 6.3 to require that the IHS endeavor to 
participate in the construction of sanitation facilities.
    Comment. One commenter wrote that because the IA's scope is limited 
to Indian mutual help and low rent programs, it does not go far enough 
in achieving coordination between the signatory Federal agencies. The 
commenter recommended that other programs, such as Indian HOME and the 
BIA Housing Improvement Program (HIP) be included in the IA.
    Response. HUD has not revised the IA as a result of this comment. 
The HOME and HIP programs have different requirements and agency 
responsibilities. If the coordination of efforts becomes a problem for 
these programs, separate agreements can be negotiated.
    Comment. One of the commenters recommended that language be 
inserted in section 5.0, DEVELOPMENT OF ON-SITE AND OFF-SITE ROADS, 
which includes the ``standards of road design and construction that 
would be required to assure States, cities, counties, townships, etc. 
assume responsibility for the maintenance and up-keep of roads and 
streets within the on-site construction area.'' These standards would 
be in effect when the State and local government have construction and 
design requirements that exceed ASHTO requirements.
    Response. HUD has not revised the IA as a result of this comment. 
Under 24 CFR 905.250, the IHAs are already required to comply with 
appropriate local road design standards.
    Comment. One of the commenters recommended that the IA specify 
which agencies are responsible for the costs of complying with Federal, 
State, or local statutory requirements. Among other examples, the 
commenter pointed to the costs associated with meeting EPA 
environmental requirements.
    Response. HUD has not revised the IA as a result of this comment. 
The question of financial responsibility for complying with the various 
statutory requirements is more properly addressed in the individual 
MOAs.
    Comment. One commenter wrote that the IA was vague concerning IHS 
duties. The commenter urged that the IA be revised to specify that the 
IHS has the responsibility of providing water, waste water and solid 
waste facilities, and O&M infrastructure.
    Response. Based on the IHS's recommendation, HUD has adopted this 
comment by revising section 6.2. This section now details the IHS's 
statutory authority and responsibility for utilizing HUD funds to 
provide sanitation facilities for HUD financed Indian homes.
    The text of the Interdepartmental Agreement follows:

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.
    This 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 and technical 
assistance for the development and management of low income housing and 
community developments in Indian and Alaska Native areas through the 
mutual help/low rent Indian Housing Development Program.
    2.2  BIA Responsibilities. BIA will provide real estate and 
transportation assistance to IHAs pursuant to 25 CFR parts 162, 169, 
and 170. These services may include (i) assistance in preparing 
appropriate lease documents for housing sites and required easements; 
(ii) review, approval and recordation of all required trust or 
restricted fee land lease and easement documents; where resources are 
available, providing assistance in obtaining real estate appraisals; 
(iii) development of access roads to housing sites in accordance with 
the Tribe's road priorities; (iv) providing maintenance services to 
those IHA constructed roads and streets accepted into the BIA road 
systems in accordance with 25 CFR part 170; and (v) provision of 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 in the development of Tribal sanitation facilities [water, waste 
water, and solid waste facilities and operation & maintenance (O&M) 
infrastructure]. IHS has the primary responsibility and authority to 
provide Native American homes and communities with the necessary 
sanitation facilities and related services.

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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 guidelines 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 
information on existing infrastructure and new construction 
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 technical 
assistance by the signatory agencies as compared to the Assisted 
Method.
    4.2  BIA Responsibilities.
    Leases, Easements and Real Estate Appraisals on Trust or Restricted 
Fee 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, and when resources are available, the BIA will plan and 
construct access roads to housing developments, excluding individual 
homesites. 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 as well as to the requirements of section 
504 of the Americans with Disabilities Act, and the right-of-way is 
transferred to the BIA. When requested by the Tribal government, and 
when resources are available, 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 provide funding to IHAs to develop water, waste 
water, solid waste facilities, and O&M infrastructure necessary to 
support individual low-rent or mutual help housing projects financed by 
HUD. 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 Authority. Under section 302(b)(3) of the Indian Health 
Care Improvement Act, the IHS has the authority to receive HUD funds to 
provide sanitation facilities for Indian homes financed by HUD.
    6.3  IHS Participation in HUD Funded Sanitation Facilities 
Construction. When requested by the Tribe and the IHA, IHS will 
endeavor to participate in the construction of sanitation facilities 
funded by HUD under the mutual help/low rent HUD-assisted housing 
development program. IHS participation will be on a project by

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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  HUD will finance 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, (c) economically feasible to 
construct and operate, and (d) in compliance with applicable codes, 
ordinances, and industry standards.

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. A Memorandum 
of Understanding (MOU), dated June 21, 1991, signed by BIA, HUD, IHS, 
and the Environmental Protection Agency, clarifies each agency's role 
in environmental protection.
    In the implementation of the roles and responsibilities identified 
in the MOU and herein, signatory agencies will, to the extent feasible, 
adopt and/or combine environmental documents which are provided by the 
other signatory agencies. Joint use of environmental documents that 
comply with NEPA and related regulations will 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.
    Unless otherwise provided for in a duly executed MOA, HUD, or a 
Tribal government which has assumed HUD's NEPA responsibility, shall be 
the lead agency for the preparation of environmental review, 
assessments and impact statements in compliance with NEPA for all HUD-
assisted housing and related infrastructure projects. When BIA and IHS 
participate directly in these projects, they shall be cooperating 
agencies for the purposes of NEPA compliance.

    Dated: April 30, 1996.
Donna E. Shalala,
Secretary, Department of Health and Human Services.

    Dated: August 19, 1996.
Bruce Babbitt,
Secretary, Department of the Interior.

    Dated: May 6, 1996.
Henry G. Cisneros,
Secretary, Department of Housing and Urban Development.
[FR Doc. 96-22923 Filed 9-9-96; 8:45 am]
BILLING CODE 4160-16-P; 4210-33-P; 4310-02-P