[Federal Register Volume 64, Number 12 (Wednesday, January 20, 1999)]
[Rules and Regulations]
[Pages 3014-3015]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-1195]


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DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

24 CFR Part 1000

[Docket No. FR-4419-F-01]
RIN 2577-AB93


Due Date of First Annual Performance Report Under the Native 
American Housing Assistance and Self-Determination Act of 1996

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

ACTION: Final rule.

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SUMMARY: This final rule sets January 31, 1999 as the due date for 
recipients of Indian Housing Block Grant funds to submit the first 
annual performance reports under the Native American Housing Assistance 
and Self-Determination Act of 1996 (NAHASDA). This date provides an 
additional 60 days to the 60 day period that was assumed to apply, and 
allows recipients and HUD more time to work out the difficulties of the 
first performance report submissions.

EFFECTIVE DATE: February 19, 1999.

FOR FURTHER INFORMATION CONTACT: Bruce Knott, Director, Office of 
Housing and Community Development, Office of Native American Programs, 
1999 Broadway, Suite 3390, Denver, CO 80202; telephone (303) 675-1600 
(this is not a toll-free number). Speech or hearing-impaired 
individuals may access this number via TTY by calling the toll-free 
Federal Information Relay Service at 1-800-877-8339.

SUPPLEMENTARY INFORMATION: NAHASDA section 404 (25 U.S.C. 4164) and 24 
CFR 1000.514 require each recipient of Indian Housing Block Grant 
(IHBG) funds to submit an annual performance report to HUD. Under 24 
CFR 1000.514, a performance report must be submitted within 60 days of 
the end of the recipient's program year. For the first year of NAHASDA, 
24 CFR 1000.516 provides that the period to be covered by the annual 
performance report will be October 1, 1997 through September 30, 1998, 
and that subsequent reporting periods will coincide with the 
recipient's program year.
    The Department has received numerous inquiries concerning the due 
date for the first annual report under Sec. 1000.516. Recipients cite 
unfamiliarity with the new reporting format, the late date at which 
Indian Housing Plans (IHPs) were approved, and the requirement for 
public comment on their annual performance reports as reasons why a 60-
day due date for the first annual reports is impracticable. In 
addition, there is an issue as to when the first annual report is due. 
Although Sec. 1000.514 provides that the annual performance report is 
due within 60 days of the end of the recipient's program year, the 
period to be covered by the first report, set by Sec. 1000.516, does 
not coincide with the program year of many recipients. While it has 
been generally assumed that the first report would be due within 60 
days of September 30, 1998, Sec. 1000.516 does not explicitly establish 
this submission period.
    For these reasons, HUD has determined to amend Sec. 1000.516 to 
establish January 31, 1999 as the due date for performance reports 
under the first year of NAHASDA. This date provides an additional 60 
days to the 60 day period that was assumed to apply, and allows 
recipients and HUD more time to work out the difficulties of the first 
performance report submissions.

Findings and Certifications

Justification for Final Rulemaking

    In general, the Department 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 does 
provide 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) The Department finds that good cause exists to publish this 
rule for effect without first soliciting public comment, in that prior 
public procedure is unnecessary because of the limited scope of the 
rule. This rule only provides clarification of the date by which the 
first annual performance reports under NAHASDA are due.

Paperwork Reduction Act

    The information collection requirements contained in the IHBG rule 
at 24 CFR part 1000 have been approved by the Office of Management and 
Budget (OMB) in accordance with the Paperwork Reduction Act of 1995 (42 
U.S.C. 3501-3530), and assigned OMB control number 2577-0218. An

[[Page 3015]]

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. This final rule does not include any additional 
information collection requirements.

Environmental Impact

    In accordance with 40 CFR 1508.4 of the regulations of the Council 
on Environmental Quality and 24 CFR 50.20(c)(2) of the HUD regulations, 
this rule amends an existing document, the regulations at 24 CFR part 
1000, which as a whole would not fall within an exclusion, but the 
amendment by itself would do so. Therefore, this rule is categorically 
excluded from the requirements of the National Environmental Policy 
Act.

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 rule have no federalism implications, and that the 
policies are not subject to review under the Order.

Executive Order 13045, Protection of Children from Environmental Health 
Risks and Safety Risks

    This rule will not pose an environmental health risk or safety risk 
on children.

Unfunded Mandates Reform Act

    The Secretary has reviewed this rule before publication and by 
approving it certifies, in accordance with the Unfunded Mandates Reform 
Act of 1995 (2 U.S.C. 1532), that this rule does not impose a Federal 
mandate that will result in the expenditure by state, local, and tribal 
governments, in the aggregate, or by the private sector, of $100 
million or more in any one year.

Regulatory Flexibility Act

    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 would not have a significant economic impact 
on a substantial number of small entities.

Catalog of Federal Domestic Assistance

    The Catalog of Federal Domestic Assistance number for this program 
is 14.867.

List of Subjects in 24 CFR Part 1000

    Aged, Community development block grants, Grant programs--housing 
and community development, Grant programs--Indians, Indians, 
Individuals with disabilities, Low and moderate income housing, Public 
housing, Reporting and recordkeeping requirements.
    Accordingly, for the reasons described above, in title 24 of the 
Code of Federal Regulations, part 1000 is amended as follows:

PART 1000--NATIVE AMERICAN HOUSING ACTIVITIES

    1. The authority citation for part 1000 continues to read as 
follows:

    Authority: 25 U.S.C. 4101 et seq.; 42 U.S.C. 3535(d).

    2. Section 1000.516 is revised to read as follows:


Sec. 1000.516  What reporting period is covered by the annual 
performance report?

    For the first annual performance report to be submitted under 
NAHASDA, the period to be covered is October 1, 1997, through September 
30, 1998. This first report must be submitted by January 31, 1999. 
Subsequent annual performance reports must cover the period that 
coincides with the recipient's program year.

    Dated: January 12, 1999.
Harold Lucas,
Assistant Secretary for Public and Indian Housing.
[FR Doc. 99-1195 Filed 1-19-99; 8:45 am]
BILLING CODE 4419-01-M