[Federal Register Volume 62, Number 17 (Monday, January 27, 1997)]
[Notices]
[Pages 3972-3977]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-2055]


      

[[Page 3971]]

_______________________________________________________________________

Part V





Department of Housing and Urban Development





_______________________________________________________________________



Native American Housing Block Grant Program--Notice of Transition 
Requirements and Negotiated Rulemaking; Notice

  Federal Register / Vol. 62, No. 17 / Monday, January 27, 1997 / 
Notices  

[[Page 3972]]



DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

[Docket No. FR-4170-N-03]


Native American Housing Block Grant Program--Notice of Transition 
Requirements and Negotiated Rulemaking

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

ACTION: Notice of transition requirements and negotiated rulemaking.

-----------------------------------------------------------------------

SUMMARY: This notice implements that part of section 106 of the Native 
American Housing Assistance and Self-Determination Act of 1996 
(NAHASDA) (Pub. L. 104-330, approved October 26, 1996) which requires 
HUD to publish a notice establishing requirements necessary to provide 
for the transition from the provision of assistance for Indian tribes 
and Indian housing authorities under the United States Housing Act of 
1937 (the 1937 Act) and other related provisions of law to the 
provision of assistance in accordance with NAHASDA. It also provides 
notice of the negotiated rulemaking process for the development of 
regulations necessary to implement the program.

DATES: IHP submission date: Indian Housing Plans must be submitted no 
later than June 1, 1997.
    Comment due date: February 26, 1997.
    Nomination for committee membership date: February 26, 1997.
    Effective date of NAHASDA section 701(c): October 1, 1997.

ADDRESSES: Interested persons are invited to submit comments regarding 
this notice to the Rules Docket Clerk, Office of General Counsel, Room 
10276, Department of Housing and Urban Development, 451 Seventh Street, 
SW., Washington, DC 20410-0500. Communications should refer to the 
above docket number and title. Facsimile (FAX) comments are not 
acceptable. A copy of each communication submitted will be available 
for public inspection and copying between 7:30 a.m. and 5:30 p.m. 
weekdays at the above address.

FOR FURTHER INFORMATION CONTACT: Dominic Nessi, Deputy Assistant 
Secretary for Native American Programs, Office of Native American 
Programs, Department of Housing and Urban Development, 1999 Broadway, 
Suite 3390, Denver, CO; telephone (303) 675-1600 (voice) or 1-800-877-
8339 (TTY for speech or hearing impaired individuals). These are not 
toll-free numbers. Indian tribes or tribally designated housing 
entities with specific questions relating to the preparation of Indian 
Housing Plans as required by this notice may call their local Office of 
Native American Programs for assistance in resolving their questions. 
The telephone numbers and addresses for these Offices appear in a table 
published in section II. of this notice, below.

SUPPLEMENTARY INFORMATION:

I. General Statutory and Regulatory Background

    The Native American Housing Assistance and Self-Determination Act 
of 1996 (NAHASDA) (Pub. L. 104-330, approved October 26, 1996) 
reorganizes the system of Federal housing assistance to Native 
Americans by eliminating several separate programs of assistance and 
replacing them with a single block grant program. Beginning on October 
1, 1997, the first day of the 1998 fiscal year (FY), a single block 
grant program will replace assistance previously authorized under the 
United States Housing Act of 1937; the Indian Housing Child Development 
Program under Section 519 of the Cranston-Gonzalez National Affordable 
Housing Act (12 U.S.C. 1701z-6 note); the Youthbuild Program under 
subtitle D of title IV of the Cranston-Gonzalez National Affordable 
Housing Act (42 U.S.C. 12899 et seq.); the Public Housing Youth Sports 
Program under section 520 of the Cranston-Gonzalez National Affordable 
Housing Act (42 U.S.C. 11903a); the HOME Investment Partnerships 
Program under title II of the Cranston-Gonzalez National Affordable 
Housing Act (42 U.S.C. 12721 et seq.); and housing assistance for the 
homeless under title IV of the Stewart B. McKinney Homeless Assistance 
Act (42 U.S.C. 11361 et seq.) and the Innovative Homeless Demonstration 
Program under section 2(b) of the HUD Demonstration Act of 1993 (42 
U.S.C. 11301 note). In addition to simplifying the process of providing 
housing assistance, the purpose of NAHASDA is to provide Federal 
assistance for Indian tribes in a manner that recognizes the right of 
tribal self-governance.
    Section 106 of NAHASDA sets out the general procedure for the 
implementation of the Native American Housing Block Grant Program. The 
procedure calls for the publication of a notice in the Federal Register 
not later than 90 days after enactment. The notice must satisfy three 
requirements. First, it must establish any requirements necessary to 
provide for the transition from the provision of assistance for Indian 
tribes and Indian housing authorities under the United States Housing 
Act of 1937 and other related provisions of law to the provision of 
assistance in accordance with NAHASDA. Second, the notice must include 
a general notice of proposed rulemaking (for purposes of section 564(a) 
of title 5, United States Code) of the final regulations to carry out 
NAHASDA. Finally, the notice is to invite public comments regarding the 
transition requirements and final regulations to carry out the new 
legislation. Except for the request for comments, which requires no 
further elaboration, these requirements are addressed in separate 
sections of this notice below.
    On January 7, 8, 9, 14, 15, and 16, a series of meetings was held 
with tribal representatives and HUD staff in the National Office of 
HUD's Office of Native American Programs to discuss the regulatory 
implementation of NAHASDA. These meetings were preliminary to the 
formal negotiated rulemaking to be initiated under this notice 
following the 30-day comment period. The January meetings provided a 
valuable exchange of ideas that will assist in focusing the efforts of 
the negotiated rulemaking committee.

II. Transition Requirements

    The transition requirements that are necessary are those that 
relate to the initial distribution of funding under the new legislation 
and those that provide guidance for the treatment of activities and 
funding under programs repealed by NAHASDA. Although final regulations 
are required to be issued not later than September 1, 1997, the ``old'' 
system of funding expires on October 1, 1997, the first day of Fiscal 
Year 1998, and Indian Housing Plans (IHPs), which are a prerequisite 
for any distribution of funds under NAHASDA, must be submitted before 
the block grant funding is provided. To ensure that there is sufficient 
time for tribes to prepare their IHPs, and for HUD to review them, the 
requirements for the information that must be included in IHPs and the 
timetable for their submission are a focus of the transition 
requirements in this notice. Similarly, providing guidance for the 
treatment of activities and funding under programs repealed by NAHASDA 
permits tribes and IHAs to have the greatest amount of time available 
under the new law to consider and prepare for the transition from the 
``old'' programs to the new Indian Housing Block Grant Program.
    Both the IHP transition requirements and those that provide 
guidance for the treatment of activities and funding

[[Page 3973]]

under programs repealed by NAHASDA are set out in a Question and Answer 
format and follow below in this section II of the notice. It is 
important to note that any final regulations issued under NAHASDA may 
differ in some respects from these transition requirements, and comment 
is specifically invited on these transition requirements and how they 
may be improved. Based upon comments and concerns brought to the 
attention of the Department, HUD may also issue a supplemental notice 
with additional transition guidance and requirements.
    Question 1. How is funding made available under NAHASDA?
    Answer 1. Under NAHASDA, funding is made available for affordable 
housing activities on an annual basis, and is distributed each fiscal 
year according to an allocation formula on behalf of Indian tribes who 
submit an Indian Housing Plan (IHP) that is reviewed and approved by 
HUD. Unlike other programs, NAHASDA funds are not awarded on a 
competitive basis in which applications are given scores and are then 
funded in rank order so that only the highest scoring applications are 
funded. Every tribe, or entity designated by a tribe, that submits an 
IHP which complies with the necessary requirements is awarded a block 
grant which is a share of the available funds. The size of the share is 
determined by the allocation formula. The award is called a block grant 
because the recipient receives a single ``block'' of funds that may be 
used for any eligible affordable housing activities in accordance with 
the tribe's IHP.
    Question 2. Who may submit an IHP to apply for a block grant?
    Answer 2. An IHP may be submitted by an Indian tribe or, if 
specifically empowered by the recognized tribal government, by the 
tribally designated housing entity for the tribe. A tribally designated 
housing entity (TDHE) is an entity other than the tribal government 
which is authorized by the Indian tribe to receive the block grant 
amounts and provide assistance according to the requirements of 
NAHASDA. If a tribe does not specifically authorize an entity to act as 
its tribally designated housing entity, the tribe's Indian housing 
authority (HA) under the United States Housing Act of 1937, if there is 
one on the date of NAHASDA's enactment, is the tribe's TDHE.
    When an IHP is submitted on behalf of a tribe by its TDHE, the IHP 
must contain a certification by the recognized tribal government that 
either (1) The tribe has had an opportunity to review the IHP and has 
authorized its submission by the TDHE, or (2) the tribe has delegated 
to the TDHE the authority to submit an IHP without prior review by the 
tribe.
    An IHP submitted by a TDHE may cover more than one Indian tribe, 
but only if the IHP contains the certification described in the 
paragraph above from each tribe covered by the IHP. This option 
provides additional flexibility by permitting several tribes to agree 
to have their affordable housing activities administered by a single 
TDHE for reasons of greater economy or increased efficiency, or for any 
other reason.
    Question 3. What information must be included in an IHP?
    Answer 3. Every IHP consists of two parts, a 5-year plan and a 1-
year plan, each of which is discussed separately below.
    The 5-year plan must contain the following information for the 5-
year period beginning with the fiscal year (FY) for which the plan is 
submitted (for the first IHP submission under the transition 
requirements of this notice, the five fiscal years covered are 1998, 
1999, 2000, 2001 and 2002):
    (a) Mission Statement--A general statement of the mission of the 
Indian tribe to serve the housing needs of the low-income families in 
the jurisdiction of the Indian tribe during the 5-year period.
    (b) Goals and Objectives--A statement of the goals and objectives 
of the Indian tribe to enable the tribe to serve the needs identified 
in the Mission Statement during the 5-year period.
    (c) Activities Plan--An overview of the housing activities, 
including the NAHASDA-eligible affordable housing activities, planned 
during the 5-year period with an analysis of the manner in which the 
activities will enable the tribe to meet its mission, goals, and 
objectives.
    The 1-year plan must contain the following information relating to 
the upcoming fiscal year (FY 1998 for purposes of the first IHP 
submission under the transition requirements of this notice):
    (a) Goals and Objectives--A statement of the goals and objectives 
to be accomplished during FY 1998, including the NAHASDA-eligible 
affordable housing activities.
    (b) Statement of Needs--A statement of the housing needs of the 
low-income Indian families residing in the jurisdiction of the Indian 
tribe and the means by which such needs will be addressed during FY 
1998, including:
    (1) A description of the estimated housing needs and the need for 
assistance for the low-income Indian families in the jurisdiction, 
including a description of the manner in which the geographical 
distribution of assistance is consistent with the geographical needs 
and needs for various categories of housing assistance; and
    (2) A description of the estimated housing needs for all Indian 
families in the jurisdiction.
    (c) Financial Resources--An operating budget for the recipient that 
includes:
    (1) An identification and a description of the financial resources 
reasonably available to the recipient to carry out the NAHASDA-eligible 
affordable housing activities described in the IHP, including an 
explanation of the manner in which amounts made available will leverage 
additional resources; and
    (2) The uses to which such resources will be committed, including 
eligible affordable housing activities and administrative expenses. 
(Section 101(h) of NAHASDA requires HUD, by regulation, to authorize 
each recipient to use a percentage of any grant amounts received for 
any reasonable administrative and planning expenses of the recipient 
relating to carrying out NAHASDA and activities assisted with such 
amounts, which may include costs for salaries of individuals engaged in 
administering and managing affordable housing activities assisted with 
grant amounts and expenses of preparing an IHP. This regulation will be 
developed by the negotiated rulemaking committee who will be proposing 
to HUD the percentage of grant amounts to be used for planning and 
administrative expenses.
    (d) Affordable Housing Resources--A statement of the affordable 
housing resources currently available and to be made available during 
FY 1998, including:
    (1) A description of the significant characteristics of the housing 
market in the tribe's jurisdiction, including the availability of 
housing from other public sources, private market housing, and the 
manner in which such characteristics influence the decision of the 
recipient to use grant amounts for rental assistance, production of new 
units, acquisition of existing units, or rehabilitation of units;
    (2) A description of the structure, coordination, and means of 
cooperation between the recipient and any other governmental entities 
in the development, submission, or implementation of housing plans, 
including a description of the involvement of private, public, and 
nonprofit organizations and institutions, and the use of loan 
guarantees under section 184 of the Housing and Community Development 
Act of 1992, and other housing assistance provided by the Federal 
Government for Indian

[[Page 3974]]

tribes, including loans, grants, and mortgage insurance;
    (3) A description of the manner in which the plan will address the 
needs identified in the Statement of Needs in the 1-year plan required 
by paragraph (b), above;
    (4) A description of the manner in which the recipient will protect 
and maintain the viability of housing owned and operated by the 
recipient that was developed under a contract between HUD and an Indian 
housing authority pursuant to the United States Housing Act of 1937;
    (5) A description of any existing and anticipated homeownership 
programs and rental programs to be carried out during FY 1998, and the 
requirements and assistance available under such programs;
    (6) A description of any existing and anticipated housing 
rehabilitation programs necessary to ensure the long-term viability of 
the housing to be carried out during FY 1998, and the requirements and 
assistance available under such programs;
    (7) A description of all other existing or anticipated housing 
assistance provided by the recipient during FY 1998, including 
transitional housing, homeless housing, college housing, supportive 
services housing, and the requirements and assistance available under 
such programs;
    (8) A description of any housing to be demolished or disposed of, 
and a timetable for such demolition or disposition;
    (9) A description of the manner in which the recipient will 
coordinate with tribal and State welfare agencies to ensure that 
residents of such housing will be provided with access to resources to 
assist in obtaining employment and achieving self-sufficiency;
    (10) A description of the requirements established by the recipient 
to promote the safety of residents of such housing, facilitate the 
undertaking of crime prevention measures, allow resident input and 
involvement, including the establishment of resident organizations, and 
allow for the coordination of crime prevention activities between the 
recipient and tribal and local law enforcement officials; and
    (11) A description of the entity that will carry out the activities 
under the IHP, including the organizational capacity and key personnel 
of the entity.
    (d) Certifications of compliance--The IHP must include the 
following certifications:
    (1) A certification that the recipient will comply with title II of 
the Civil Rights Act of 1968 in carrying out activities funded by 
NAHASDA, to the extent that such title is applicable, and other 
applicable Federal statutes;
    (2) A certification that the recipient will maintain adequate, 
meaning sufficient to cover replacement costs, insurance coverage for 
housing units that are owned and operated or assisted with grant 
amounts;
    (3) A certification that policies are in effect and are available 
for review by HUD and the public governing:
    (i) The eligibility, admission, and occupancy of families for 
housing assisted with grant amounts;
    (ii) Rents charged, including the methods by which rents or 
homebuyer payments are determined, for housing assisted with grant 
amounts;
    (iii) The management and maintenance of housing assisted with grant 
amounts provided under this Act;
    (4) If an IHP is submitted on behalf of a tribe by its tribally 
designated housing authority (TDHE), the IHP must contain a 
certification by the recognized tribal government that either:
    (i) The tribe has had an opportunity to review the IHP and has 
authorized its submission by the TDHE, or
    (ii) The tribe has delegated to the TDHE the authority to submit an 
IHP without prior review by the tribe;
    (5) If an IHP that covers more than one Indian tribe is submitted 
by a TDHE, each tribe covered by the IHP must submit as part of the IHP 
the certification described in paragraph (4), immediately above;
    (6) A certification that the governing body of the locality within 
which any affordable housing to be assisted with the grant amounts will 
be situated has entered into, or has begun negotiations, which must be 
completed before any award of NAHASDA funds can be made, to enter into, 
a local cooperation agreement with the recipient for the tribe 
providing that:
    (i) The affordable housing assisted with grant amounts received by 
the recipient (exclusive of any portions not assisted with amounts 
provided under NAHASDA) is exempt from all real and personal property 
taxes levied or imposed by any State, tribe, city, county, or other 
political subdivision; and
    (ii) The recipient makes annual payments of user fees to compensate 
such governments for the costs of providing governmental services, 
including police and fire protection, roads, water and sewerage 
systems, utilities systems and related facilities, or payments in lieu 
of taxes to such taxing authority, in an amount equal to the greater of 
$150 per dwelling unit or 10 percent of the difference between the 
shelter rent and the utility cost, or such lesser amount as:
    (A) Is prescribed by State, tribal, or local law;
    (B) Is agreed to by the local governing body in the local 
cooperation agreement; or
    (C) The recipient and the local governing body agree in the local 
cooperation agreement that such user fees or payments in lieu of taxes 
shall not be made; or
    (iii) If the affordable housing assisted with grant amounts 
received by the recipient (exclusive of any portions not assisted with 
amounts provided under NAHASDA) is not exempt from all real and 
personal property taxes levied or imposed by any State, tribe, city, 
county, or other political subdivision, that the tribe, State, city, 
county, or other political subdivision in which the affordable housing 
development is located contributes, in the form of cash or tax 
remission, the amount by which the taxes paid with respect to the 
development exceed the amounts prescribed in section (6)(ii) of the 1-
year plan requirements, above.
    Question 4. What are the affordable housing activities that are 
eligible for funding under NAHASDA?
    Answer 4. Affordable housing activities are activities to develop 
or to support affordable housing for rental or homeownership, or to 
provide housing services with respect to affordable housing, for the 
benefit of low-income Indian families on Indian reservations and other 
Indian areas. In the case of a low-income family residing in a dwelling 
unit assisted with NAHASDA grant amounts, affordable housing is housing 
for which the monthly rent or homebuyer payment (as applicable) does 
not exceed 30 percent of the family's monthly adjusted income. Eligible 
affordable housing activities are described below in sections (a) 
through (k) of this answer:
    (a) Indian Housing Assistance--The provision of modernization or 
operating assistance for housing previously developed or operated 
pursuant to a contract between HUD and an Indian housing authority.
    (b) Development--The acquisition, new construction, reconstruction, 
or moderate or substantial rehabilitation of affordable housing, which 
may include real property acquisition, site improvement, development of 
utilities and utility services, conversion, demolition, financing, 
administration and planning, and other related activities. Affordable 
housing includes permanent housing for homeless persons who are persons 
with

[[Page 3975]]

disabilities, transitional housing, and single room occupancy housing.
    (c) Housing Services--The provision of housing-related services for 
affordable housing, such as housing counseling in connection with 
rental or homeownership assistance, establishment and support of 
resident organizations and resident management corporations, energy 
auditing, activities related to the provision of self-sufficiency and 
other services, and other services related to assisting owners, 
tenants, contractors, and other entities, participating or seeking to 
participate in other housing activities assisted with grant amounts.
    (d) Housing Management Services--The provision of management 
services for affordable housing, including preparation of work 
specifications, loan processing, inspections, tenant selection, 
management of tenant-based rental assistance, and management of 
affordable housing projects.
    (e) Crime Prevention and Safety Activities--The provision of 
safety, security, and law enforcement measures and activities 
appropriate to protect residents of affordable housing from crime.
    (f) Rental Assistance--The provision of tenant-based rental 
assistance.
    (g) Model Activities--Housing activities under model programs that 
are designed to carry out the purposes of NAHASDA and are specifically 
approved by HUD as appropriate for such purpose.
    (h) Administrative Expenses--A percent of grant amounts, to be 
determined in the final rule, may be used for any reasonable 
administrative and planning expenses of a recipient relating to 
carrying out NAHASDA and activities assisted with such amounts, 
including costs for salaries of individuals engaged in administering 
and managing affordable housing activities assisted with grant amounts 
and the expenses of preparing an IHP.
    Question 5. How may grant amounts be used to carry out eligible 
activities?
    Answer 5. In addition to being used to directly pay for eligible 
activities, grant amounts may be used for affordable housing activities 
through equity investments, interest-bearing loans or advances, 
noninterest-bearing loans or advances, interest subsidies, leveraging 
of private investments, or any other form of assistance that HUD 
determines to be consistent with the purposes of NAHASDA. This answer 
is provided from section 204 -``Types of Investments''--of NAHASDA. 
Guidance on the types of investments permissible under section 204 of 
NAHASDA will be provided in the final regulations.
    Question 6. When must the IHP required by these transition 
requirements be submitted?
    Answer 6. An IHP must be received by HUD no later than June 1, 1997 
in order to be considered for FY 1998 funding.
    Question 7. Where must an IHP be submitted?
    Answer 7. All IHPs must be submitted to the local Area Office of 
Native American Programs as follows:

----------------------------------------------------------------------------------------------------------------
        Tribes and IHAs located                                        ONAP Address                             
----------------------------------------------------------------------------------------------------------------
East of the Mississippi River            Eastern/Woodlands Office of Native American Programs, 5P, Metcalfe     
 (including all of Minnesota) and Iowa.   Federal Building, 77 West Jackson Boulevard, Chicago, Illinois 60604- 
                                          3507, (312) 353-1282 or (800) 735-3239, TDD Numbers: 1-800-927-9275 or
                                          312-886-3741.                                                         
Louisiana, Missouri, Kansas, Oklahoma,   Southern Plains Office of Native American Programs, 6.IPI, 500 West    
 and Texas except for Isleta del Sur.     Main Street, Suite 400, Oklahoma City, Oklahoma 73012, (405) 552-0194,
                                          552-0195.                                                             
Colorado, Montana, Nebraska, North       Northern Plains Office of Native American Programs, 8P, First          
 Dakota, South Dakota, and Wyoming.       Interstate Tower North, 633 17th Street, Denver, Colorado 80202-3607, 
                                          (303) 672-5462, TDD Number: 303-844-6158.                             
Arizona, California, New Mexico,         Southwest Office of Native American Programs, 9EPID, Two Arizona       
 Nevada, and Isleta del Sur in Texas.     Center, 400 North Fifth Street, Suite 1650, Phoenix, Arizona 85004-   
                                          2361, (602) 379-4156, TDD Number: 602-379-4461.                       
                                            or                                                                  
                                         Albuquerque Division of Native American Programs, 9EPIDI, Albuquerque  
                                          Plaza, 201 3rd Street, NW, Suite 1830, Albuquerque, New Mexico 87102- 
                                          3368, (505) 766-1372, TDD Number: None.                               
Idaho, Oregon, and Washington..........  Northwest Office of Native American Programs, 10PI, 909 First Avenue,  
                                          Suite 300, Seattle, Washington 98104-1000, (206) 220-5270, TDD Number:
                                          (206) 220-5185.                                                       
Alaska.................................  Alaska Office of Native American Programs, 10.1Pl, 949 East 36th       
                                          Avenue, Suite 401, Anchorage, Alaska 99508-4399, (907) 271-4633, TDD  
                                          Number: (907) 271-4328.                                               
----------------------------------------------------------------------------------------------------------------

    Question 8. May an IHA continue to remain subject to the 1937 Act, 
and convert to a PHA?
    Answer 8. No, because the purpose and result of NAHASDA is the 
exclusion of IHAs from the definition of a PHA as of September 30, 
1997. After September 30, 1997, there may be IHAs that want to remain 
subject to the 1937 Act, but the consequence of NAHASDA section 501 is 
to make it impossible, after September 30, 1997, for an IHA to be 
considered a PHA. Further, section 502(b) provides that any IHA housing 
developed or operated under the 1937 Act must be considered and 
maintained as affordable housing for purposes of NAHASDA, and precludes 
the continued application of title I of the 1937 Act to IHAs after 
September 30, 1997.
    Question 9. What happens to grants already made under the homeless, 
Youthbuild and Indian HOME programs?
    Answer 9. These grants continue to be governed by the statutes 
authorizing the programs as those statutes exist on September 30, 1997 
and by the grant agreements. After completion of the funded activities, 
the grants will be closed out in accordance with their program 
requirements and grant agreements.

III. General Notice of Proposed Rulemaking (For Purposes of Section 
564(A) of Title 5, United States Code)

    Section 106(b)(2)(A) provides: ``Notwithstanding sections 563(a) 
and 565(a) of title 5, United States Code, all regulations required 
under this Act shall be issued according to a negotiated rulemaking 
procedure under subchapter III of chapter 5 of title 5, United States 
Code.'' Further, section 106(a)(2)(b) requires the transition notice to 
``include a general notice of proposed rulemaking (for purposes of 
section 564(a) of title 5, United States Code) of the final regulations 
under subsection (b).'' Accordingly, this section of the transition 
notice provides the

[[Page 3976]]

information required under 5 U.S.C. 564(a) as follows:
    (1) HUD is establishing a negotiated rulemaking committee to 
negotiate and develop a proposed rule as required by NAHASDA.
    (2) The subject and scope of the rule to be considered are the 
development of proposed regulations required under the Native American 
Housing Assistance and Self-Determination Act of 1996 (NAHASDA) (Pub. 
L. 104-330, approved October 26, 1996), including regulations governing 
the allocation formula to be used, the information to be provided in 
Indian Housing Plans (IHPs), the parameters of eligible activities, the 
frequency and content of required reports, and any other ancillary 
matters necessary to provide for the operation of the Indian Housing 
Block Grant Program established by NAHASDA.
    (3) The interests that are likely to be significantly affected by 
the rule are the members of Indian tribes, particularly low-income 
Indian families on Indian reservations and other Indian areas.
    (4) The persons proposed to represent these interests, selected to 
satisfy the NAHASDA section 106(b)(2)(B)(ii)(I) requirement that the 
membership of the committee include only representatives of the Federal 
Government and of geographically diverse small, medium, and large 
Indian tribes, are the following:

Region/Member and Tribal Affiliation

South & Eastern

    Jennie A. Greene, Housing Administrator, Aquinnah Wampanoag Tribal 
Housing Authority.
    Bernadette Harlan, Executive Director, Seneca Nation Housing 
Authority.
    Betty Jones, Housing Manager, Seminole Tribal Housing Authority.
    Phillip Martin, Tribal Chief, Mississippi Band of Choctaw Indians.
    Alternate: Jay Dorris, Planner, Mississippi Band of Choctaw 
Indians.
    Richard Mitchell, Executive Director, Penobscot Tribal Reservation 
Housing Authority.
    Susan M. Wicker, Executive Director, Poarch Creek Indian Housing 
Authority.

Great Lakes

    Doug DeWalt, Executive Director, Sokaogon Chippewa Housing 
Authority.
    Martin Jennings, Executive Director, Leech Lake Housing Authority.
    Tom Maulson, Tribal Chairman, Lac du Flambeau Band of Lake Superior 
Chippewa Indians.
    Jolene Nertoli, Housing Director, Sault Tribe Housing Authority.
    Rick Smith, Director, Minnesota Chippewa Home Loan Program
    Bobby Whitefeather, Tribal Chairman, Red Lake Band of Chippewa.

Oklahoma

     Bill Anoatubby, Governor, Chickasaw Nation.
    Alternate: Ken Samples, Executive Director, The Housing Authority 
of the Chickasaw Nation.
    Joe Byrd, Principal Chief, Cherokee Nation of Oklahoma.
    Alternate: Joel R. Thompson, Executive Director, The Housing 
Authority of the Cherokee Nation.
    Merle Boyd, Second Chief, Sac & Fox Nation.
    Larry Nuckolls, Governor, Shawnee Tribe of Oklahoma.
    Ron Qualls, Potawattomi Nation Housing Authority.
    Duke Tsoodle, Executive Director, Housing Authority of the Apache 
Tribe.

Mountain/Plains

    Paul D. Iron Cloud, Executive Director, Oglala Sioux Housing 
Authority.
    Debbie Isburg, Executive Director, Lower Brule Housing Authority.
    Russell Bud Mason, Sr., Chairman, Three Affiliated Tribes.
    William Joseph Moran, Councilman, Confederated Salish & Kootenia 
Tribes.
    Alternate: Robert Gauthier, Executive Director, Salish & Kootenia 
Housing Authority.
    S. Jack Sawyer, Projects Coordinator, Paiute Housing Authority, 
Paiute Indian Tribe of Utah.
    Bruce Sun Child, Council Member, Chippewa Cree Tribe.

Nevada/California

    Phil Bush, Executive Director, Modoc Lassen Indian Housing 
Authority.
    Virginia Kizer, Executive Director, Washoe Housing Authority.
    Juana Majel, Pauma Band of Mission Indians, San Diego American 
Indian Health Center.
    Arlan Melandez, Chairman, Reno Sparks Indian Colony.
    Darlene Tooley, Executive Director, Northern Circle Indian Housing 
Authority.
    Brian Wallace, Tribal Chairman, Washoe Tribe of Nevada and 
California.

Southwest

    Chester Carl, Executive Director, Navajo Housing Authority.
    David F. Garcia, Contracts and Grants Coordinator, Pueblo of Acoma.
    Alternate: Raymond J. Concho, Jr., Executive Director, Acoma 
Housing Authority.
    Joe Garcia, Councilman, San Juan Pueblo.
    Albert Hale, President, Navajo Nation.
    Alternate: Kenneth Peterson, Executive Staff Assistant, Navajo 
Nation.
    Ivan Makil, President, Salt River Pima-Maricopa Indian Community.
    Alternate: Charleen H. Greer, Staff Attorney, Salt River Pima-
Maricopa Indian Community.
    Raymond Stanley, Tribal Chairman, San Carlos Apache Tribe.

Northwest

    Henry Cagey, Tribal Chairman, Lummi Nation.
    Rod Clark, Director, Klamath Alcohol and Drug Abuse.
    Stanley G. Jones, Chairman of the Board of Directors, Tulalip 
Tribes.
    Norman C. Nault, Executive Director, Yakama Nation Housing 
Authority.
    John S. Williamson, Executive Director, Lower Elwha Housing 
Authority
    Coni Wilson, Executive Director, Quinault Housing Authority.

Alaska

    Kristian Anderson, Executive Director, Aleutian Housing Authority.
    Thomas W. Harris, Executive Director, Cook Inlet Housing Authority.
    Jacqueline L. Johnson, Executive Director, Tlingit-Haida Regional 
Housing Authority.
    Will Mayo, President, Tanana Chiefs Conference.
    Alternate: Joseph G. Wilson, Executive Director, Interior Regional 
Housing Authority.
    Frank A. Peratovich, Jr., Executive Director, Copper River Basin 
Regional Housing Authority.
    Edward K. Thomas, President, Central Council Tlingit Haida Indian 
Tribes of Alaska.
    Alternate: Lee Clayton, President, Chilkoot Indian Association.

Department of Housing and Urban Development

    Robert G. Barth, Office of Native American Programs.
    Jennifer A. Bullough, Office of Native American Programs.
    Barbara L. Burkhalter, Office of Public and Indian Housing.

Comptroller

    Ted L. Key, Office of Native American Programs.
    Bruce A. Knott, National Office of Native American Programs.
    Deborah M. Lalancette, National Office of Native American.

Programs

    Dominic A. Nessi, National Office of Native American Programs.
    Peter J. Petrunich, National Office of Native American.

[[Page 3977]]

Programs

    Todd M. Richardson, Michigan State Office.
    Carol A. Roman, Colorado State Office, Northern Plains Office of 
Native American Programs.
    (5) The proposed agenda and schedule for completing the work of the 
committee, including the target date for publication by HUD of a 
proposed rule for notice and comment, are as follows:
    The members of the negotiated rulemaking committee will determine 
the agenda for the committee's work.
    The target date for the publication of a proposed rule for notice 
and comment is June 1, 1997.
    (6) A description of the administrative support for the committee 
to be provided by HUD, including technical assistance, is as follows:
    In addition to providing meeting facilities, HUD will provide a 
neutral facilitator, travel funds when available, and a recorder for 
the activities of the committee.
    (7) Comments are requested on the proposed membership of this 
negotiated rulemaking committee. In addition, persons who will be 
significantly affected by the proposed rule to be reported out by the 
committee and who believe their interests will not be adequately 
represented by any person proposed for membership in this notice may, 
by the date specified for the submission of comments on this notice, 
apply for, or nominate another person for, membership on the committee 
by submitting:

--The name of the person nominated and a description of the interests 
that person will represent;
--Evidence that the person nominated is authorized to represent parties 
related to the interests the person would represent;
--A written commitment that the person nominated will actively 
participate in good faith in the development of the rule under 
consideration; and
--The reasons that the persons proposed for membership in this notice 
do not adequately represent the interests that the nominated person 
would represent.

IV. Effective Date of Nahasda Section 701(c)

    This notice establishes an effective date of October 1, 1997 for 
purposes of NAHASDA section 701(c). This section establishes a new 
requirement for the Indian Housing Loan Guarantee Program (also called 
the Section 184 Program) under section 184 of the Housing and Community 
Development Act of 1992 (12 U.S.C. 1515z-13a) that eligible loans must 
be for housing on land under the jurisdiction of an Indian tribe for 
which an Indian housing plan (IHP) has been submitted and approved 
pursuant to sections 102 and 103 of NAHASDA. Since HUD anticipates that 
IHPs will not be submitted and approved until about the beginning of FY 
1998, section 701(c) is given this delayed implementation date to 
prevent any interruption in the processing of section 184 loan 
guarantees.

V. Findings and Certifications

Paperwork Reduction Act Statement

    The information collection requirements contained in this notice 
have been submitted to the Office of Management and Budget for 
emergency review and approval under section 3507(j) of the Paperwork 
Reduction Act of 1995 (44 U.S.C. 3501-3520). The OMB control number, 
when assigned, will be published in the Federal Register. An agency may 
not conduct or sponsor, and a person is not required to respond to, a 
collection of information unless the collection displays a valid 
control number.

Regulatory Planning and Review

    This notice has been reviewed in accordance with Executive Order 
12866, issued by the President on September 30, 1993 (58 FR 51735, 
October 4, 1993). Any changes to the rule resulting from this review 
are available for public inspection between 7:30 a.m. and 5:30 p.m. 
weekdays in the Office of the Rules Docket Clerk.

Executive Order 12606, The Family

    The General Counsel, as the Designated Official under Executive 
Order 12606, The Family, has determined that the policies announced in 
this Notice would not have a significant impact on the formation, 
maintenance, and general well-being of families since they only 
establish transition requirements that are only temporary in nature.

Executive Order 12612, Federalism

    The General Counsel has determined, as the Designated Official for 
HUD under section 6(a) of Executive Order 12612, Federalism, 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. 
The notice only establishes temporary transition requirements for the 
initial participation by Indian tribes in a new statutory program.

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 implement section 102(2)(C) of the National Environmental Policy 
Act of 1969. The 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.

    Authority: Section 106 of the Native American Housing Assistance 
and Self-Determination Act of 1996 (NAHASDA) (Pub. L. 104-330, 
approved October 26, 1996).

    Dated: January 23, 1997.
Kevin Emanuel Marchman,
Acting Assistant Secretary for Public and Indian Housing.
[FR Doc. 97-2055 Filed 1-23-97; 3:23 pm]
BILLING CODE 4210-33-P