[Federal Register Volume 67, Number 245 (Friday, December 20, 2002)]
[Rules and Regulations]
[Pages 77919-77922]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-31985]



[[Page 77919]]

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DEPARTMENT OF THE INTERIOR

Bureau of Indian Affairs

25 CFR Part 256

RIN 1076-AE31


Housing Improvement Program

AGENCY: Bureau of Indian Affairs, Interior.

ACTION: Final rule; technical amendments.

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SUMMARY: This document contains technical amendments to the Housing 
Improvement Program final regulations that were published in the 
Federal Register on March 2, 1998. These regulations define the terms 
and conditions under which assistance is given to Indians under the 
Housing Improvement Program. These amendments revise terminology to 
make the rule consistent. They also add several clarifications.

DATES: The amendments are effective December 20, 2002.

FOR FURTHER INFORMATION CONTACT: June Henkel, Chief, Division of 
Housing Assistance, Bureau of Indian Affairs, 1849 C Street NW., MS-
4660-MIB, Washington, DC 20240; Telephone (202) 208-3667.

SUPPLEMENTARY INFORMATION: The final regulations in 25 CFR part 256 
contain several technical errors. The errors include incorrect cross-
references, incorrect terminology, omission of clarifying cross-
references and terminology, and omission of grid lines in tables. None 
of these corrections will affect the substance of any provision in 25 
CFR part 256. For example, we are deleting ``house'' and replacing it 
with ``dwelling'' for consistency with other parts of the rule; we are 
deleting the word ``improvements'' and replacing it with the word 
``renovation'', which is the same term used in the description of 
Category B assistance (the term ``improvements'' more typically refers 
to cosmetic work, such as the addition of a deck, etc.); and we are 
replacing ``building code standards'' with ``standard housing 
condition'' to clarify that the assistance provided under the program 
is made one-time, not piece-meal, and is to bring the entire dwelling 
to ``standard'' at the time of the one-time assistance.

Reasons for Publishing a Final Rule

    The Department has determined that the public notice and comment 
provisions of the Administrative Procedure Act, 5 U.S.C. 553(b), do not 
apply to this rule. As allowed by 5 U.S.C. 553(b)(B), we find that 
public comment on the revisions made by this rule is unnecessary and 
contrary to the public interest. Because the changes made by this rule 
clarify requirements of the Housing Improvement program and because 
they do not make substantive changes to the provisions of the program, 
public comment is unnecessary. Since clearer requirements will make it 
easier for applicants to obtain assistance, delaying implementation by 
publishing a proposed rule is contrary to the public interest.
    The Department further concludes that this rule should be effective 
immediately because it relieves possible restrictions on the efficient 
and necessary distribution of HIP funds to qualified applicants. 
Delaying the effective date of this rule would deny the public the 
benefit of clearer and less burdensome requirements that make it easier 
to apply for benefits under the program. For these reasons, this rule 
meets the requirements of 5 U.S.C. 553(d)(3) and can therefore become 
effective immediately upon publication.

Regulatory Planning and Review (Executive Order 12866)

    This document is not a significant rule and is not subject to 
review by the Office of Management and Budget under Executive Order 
12866.
    (1) This rule will not have an effect of $100 million or more on 
the economy. It will not adversely affect in a material way the 
economy, productivity, competition, jobs, the environment, public 
health or safety, of State, local, or tribal governments or 
communities. This program is a small, individual Indian program and has 
minimal effect on tribes; the budget is far less than $100 million and 
therefore does not have a significant effect on the economy.
    (2) This rule will not create a serious inconsistency or otherwise 
interfere with an action taken or planned by another agency. This rule 
is meant to cover the poorest of the poor who have no other resources 
for assistance; it is not inconsistent with nor does it interfere with 
any other agency actions.
    (3) This rule does not alter the budgetary effects or entitlements, 
grants, user fees, or loan programs or rights or obligations of their 
recipients. Because it is the aid of last resort, it does not affect 
other entitlements, grants, loans, or change the rights of recipients.
    (4) This rule does not raise novel legal or policy issues. This 
program has been functioning for a number of years with no significant 
changes in policy.

Regulatory Flexibility Act

    The Department of the Interior certifies that this document will 
not have a significant economic impact on a substantial number of small 
entities under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.). 
Indian tribes are not considered small entities; the small amount of 
funding received from the program is used to improve the condition of 
individuals and families.

Small Business Regulatory Enforcement Fairness Act

    This rule is not a major rule under 5 U.S.C. 804 (2), the Small 
Business Regulatory Enforcement Fairness Act. This rule:
    (a) Does not have an annual effect on the economy of $100 million 
or more. The program is much smaller than $100 million and does not 
affect the economy; it provides funds for the provision of repairs and 
renovation assistance to individuals and families living in substandard 
housing conditions.
    (b) Will not cause a major increase in costs or prices for 
consumers, individual industries, Federal, State, or local government 
agencies, or geographic regions. The program has limited funds which 
are spread throughout Indian country and thus causes no significant 
impacts.
    (c) Does not have significant adverse effect on competition, 
employment, investments, productivity, innovation, or the ability of 
the U.S. based enterprises to compete with foreign-based enterprises. 
This program operates only within the U.S. and therefore does not 
compete with any foreign-based enterprises.

Unfunded Mandates Act

    This rule does not impose an unfunded mandate on State, local, or 
tribal government or the private sector. Tribes decide whether they 
have the capability to perform the activities required to provide 
housing assistance to eligible applicants residing within their 
approved tribal service area, and is in compliance with the provisions 
of the UnfundedMandates Act of 1995.

Takings (Executive Order 12630)

    In accordance with Executive Order 12630, the rule does not have 
significant takings implications. The program provides services to 
improve existing housing or to provide replacement or new housing. The 
program does not have an adverse effect on tribes, tribal members or 
individualIndians or families. A takings implication assessment is not 
required.

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Federalism (Executive Order 12612)

    In accordance with Executive Order 12612, the rule does not have 
sufficient federalism implications to warrant the preparation of a 
Federalism Assessment. The federal government provides program services 
to individuals at their request; or funds to tribes under Pub. L. 93-
638 contracts or annual funding agreements for the provision of 
services to individuals and families. A Federalism Assessment is not 
required.

Civil Justice Reform (Executive Order 12988)

    In accordance with Executive Order 12988, the Office of the 
Solicitor has determined that this rule does not unduly burden the 
judicial system and meets the requirements of section 3(a) and 3(b)(2) 
of the Order.

Paperwork Reduction Act of 1995

    This rule requires an information collection from 10 or more 
parties and a submission under the Paperwork Reduction Act is required. 
An OMB form 83-I was been reviewed by the department and sent to OMB 
for approval. The OMB Control Number assigned is 1076-0084 with an 
expiration date of October 31, 2004. These minor changes to the rule do 
not affect the information collection. We will not sponsor or collect, 
and a person need not respond to, a request for information if the 
valid OMB Control Number is not displayed. Comments concerning this 
collection may be directed to the BIA Information Collection Clearance 
Officer, 1849 C Street NW., MailStop 4613 MIB, Washington, DC 20240.

National Environment Policy Act (NEPA)

    This rule does not constitute a major Federal action significantly 
affecting the quality of human environment. A detailed statement under 
the National Environmental Policy Act of 1969 is not required.

Government-to-Government Relationship With Tribes

    In accordance with the President's memorandum of April 29, 1994, 
``Government-to-Government Relations with Native American Tribal 
Governments'' (59 FR 22951) and 512 DM we have evaluated the potential 
effects on Federally recognized Indian Tribes and have determined that 
there are no potential effects. These technical amendments only serve 
to correct and clarify the existing rule.

Consultation and Coordination With Indian Tribal Governments

    In accordance with the President's Executive Order 13175, 
``Consultation and Coordination With Indian Tribal Governments'' (65 FR 
67249), we have evaluated potential effects on federally recognized 
Indian tribes and have determined that there are no potential effects. 
The number of eligible applicants and their associated housing need 
costs far exceeds the amount of funding available for this program; 
there are no potential effects on federally recognized tribes, only 
eligible applicants as funds are made available starting with the 
neediest of the needy in each region until the available funds are 
exhausted.

List of Subjects in 25 CFR Part 256

    Housing--home improvement, Indians--housing.

    Dated: October 8, 2002.
Neal A. McCaleb,
Assistant Secretary--Indian Affairs.

    Accordingly, 25 CFR part 256 is amended as set forth below.

PART 256--HOUSING IMPROVEMENT PROGRAM

    1. The authority citation for part 256 continues to read as 
follows:

    Authority: 25 U.S.C. 13

    2. Make the following amendments to Sec.  256.2:
    A. Remove the definition of Area Director.
    B. Add in alphabetical order the following definition:
    Regional Director means the officer in charge of a Bureau of Indian 
Affairs regional office or his/her authorized delegate.
    C. Remove the definition of the term ``Bureau'' and add in its 
place the following definition:
    BIA means the Bureau of Indian Affairs in the Department of the 
Interior.

    3. Revise Sec.  256.5 to read as follows:


Sec.  256.5  What is the Housing Improvement Program?

    The Housing Improvement Program is a safety-net program that 
provides grants for the cost of services to repair, renovate, replace, 
or provide housing. The program provides grants to the neediest of the 
needy Indian families who:
    (a) Live in substandard housing or are without housing; and
    (b) Have no other resource for assistance.


Sec.  256.7  What housing services are available under the Housing 
Improvement Program?

    4. In Sec.  256.7, revise the table to read as follows:
* * * * *

------------------------------------------------------------------------
                                                        Where to find
   Type of  assistance         What it provides          information
------------------------------------------------------------------------
Category A...............  Up to $2,500 in safety    Sec.   256.8
                            or sanitation repairs
                            to the dwelling in
                            which you live, which
                            will remain
                            substandard. Can be
                            provided more than
                            once, but for not more
                            than one dwelling and
                            the total assistance
                            cannot exceed $2,500.
Category B...............  Up to $35,000 in repairs  Sec.   256.9
                            and renovation, which
                            will bring your
                            dwelling to Standard
                            Housing condition, as
                            defined in Sec.
                            256.2. Can only be
                            provided once.
Category C...............  A modest dwelling that    Sec.   256.10 &
                            meets the criteria in     Sec.   256.11.
                            Sec.   256.11; and the
                            definition of Standard
                            Housing in Sec.
                            256.2; and whose costs
                            are determined by and
                            limited to the criteria
                            in 256.17(b). can only
                            be provided once.
------------------------------------------------------------------------

    5. In Sec.  256.8 (b), remove the word ``house'' and add, in its 
place, ``dwelling''.

    6. In Sec.  256.9:

    A. Remove the word ``house'' wherever it appears, and add, in its 
place, ``dwelling''.
    B. In paragraph (b), after the word ``must,'' add the words 
``occupy the dwelling and must''.
    C. In paragraph (c), remove the word ``improvements'' and add, in 
its place, ``renovation''; and remove the words ``make the house meet 
applicable building code standards'' and add in

[[Page 77921]]

their place, ``bring the dwelling to standard housing condition.''
    D. In paragraph (d) after the word ``repairs'' add the words ``and 
renovation''.
    E. In paragraph (d)(2), after the word ``repairs'' add the words 
``and renovation''.

    7. In Sec.  256.10, revise the table in paragraph (a) to read as 
follows:


Sec.  256.10  When do I qualify for category C assistance?

    (a) * * *

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     You qualify for Category C
        assistance if * * *                        And * * *                              And * * *
----------------------------------------------------------------------------------------------------------------
You own the dwelling in which you    The dwelling cannot be brought up to   ....................................
 are living.                          applicable building code standards
                                      and to standard housing condition
                                      for $35,000 or less.
You lease the dwelling in which you  Your leasehold is undivided and for    The dwelling cannot be brought up to
 are living.                          not less than 25 years at the time     applicable building code standards
                                      that you receive assitance.            and to standard housing condition
                                                                             for $35,000 or less.
You do not own a dwelling..........  You own land that is suitable for      The land has adequate ingress and
                                      housing.                               egress rights and economical access
                                                                             to utilities.
You do not own a dwelling..........  You have a leasehold on land that is   The land has adequate ingress and
                                      suitable for housing and the           egress rights and economical access
                                      leasehold is undivided and for not     to utilities.
                                      less than 25 years at the time you
                                      receive assistance.
----------------------------------------------------------------------------------------------------------------

* * * * *

    8. In Sec.  256.10:
    A. Remove the word ``house'' wherever it appears and add in its 
place the word ``dwelling.''
    B. In paragraph (b), add the word ``grant'' after the word 
``written.''
    9. Revise Sec.  256.11 and the section heading to read as follows:


Sec.  256.11  What are the occupancy and square footage standards for a 
dwelling provided with Category C assistance?

    A modest dwelling provided with Category C assistance will meet the 
standards in the following table.

------------------------------------------------------------------------
                                                                Total
                                                               dwelling
              Number of occupants                Number of      square
                                                  bedrooms   footage \1\
                                                              (maximum)
------------------------------------------------------------------------
1-3...........................................        \2\ 2          900
4-6...........................................        \2\ 3         1050
7 or more.....................................        \2\ 4     \3\1350
------------------------------------------------------------------------
\1\ Total living space; does not include hallways or modest-sized
  bathrooms or closets.
\2\ Determined by the servicing housing office, based on composition of
  family.
\3\ Adequate for all but the very largest families.

    10. In Sec.  256.13:
    A. In paragraph (a), remove the words ``and a Privacy Act 
Statement''.
    B. In paragraph (b), remove the words ``and a Privacy Act 
Statement''.
    C. In paragraph (c), in the first sentence, remove the words 
``application and signed Privacy Act Statement'' and add, in their 
place, ``and signed application''.
    D. In paragraph (g)(1), remove the word ``patent''.

    11. In Sec.  256.14:
    A. In paragraph (a), in the last sentence, remove the word 
``complete'' and add, in its place, ``return''; and remove the word 
``eligible'' and add, in its place, ``considered''.
    B. In paragraph (b)(2), revise the table to read as follows:
    (b) * * *
    (2) * * *

----------------------------------------------------------------------------------------------------------------
                      Ranking factor and
     Factor               definition              Randing description                Point descriptors
----------------------------------------------------------------------------------------------------------------
1...............  Annual Household Income:    Income/125% FPG \1\         Points (maximum=40):
                   Must include income of     (% of 125% FPC) \1\.......
                   all persons counted in
                   Factors 2, 3, 4. Income
                   includes earned income,
                   royalties, and one-time
                   income.
                                              0-25                        40
                                              26-50                       30
                                              51-75                       20
                                              76-100                      10
                                              101-125                     0
2...............  Aged Persons: For the       Years of Age:               Points:
                   benefit of persons age 55
                   or older, and Must be
                   living in the dwelling.
                                              Less than 55..............  0
                                              55 and older..............  1 point per year of age over 54
3...............  Disabled Individual: Any    % of Disability--(A% + B%/  Points (Maximum=20):
                   one (1) disabled person     2):.
                   living in the dwelling.
                   (The percentage of
                   disability must be based
                   on the average (mean) of
                   the percentage of
                   disabilities identified
                   from two sources (A+B) of
                   statements of conditions
                   which may include a
                   physician's
                   certification, Social
                   Security or Veterans
                   Affairs determination, or
                   similar determination).
                                              100%......................  20
                                              or........................
                                              Less than 100%............  10
4...............  Dependent Children: Must    Dependent Child--(Number    Points (Maximum = 5):
                   be under the age of 18 or   of Children):
                   such other age
                   established for purposes
                   of parental support by
                   tribal or state law (if
                   any). Must live in the
                   dwelling and not be
                   married.

[[Page 77922]]

 
                                              1.........................  0
                                              2.........................  1
                                              3.........................  2
                                              4.........................  3
                                              5.........................  4
                                              6 or more.................  5
----------------------------------------------------------------------------------------------------------------
\1\ FPG means Federal Poverty Guidelines.

* * * * *
    C. In paragraph (e), in the second sentence, remove the word 
``area'' and add, in its place, ``regional''.

    12. In Sec.  256.15, revise the section heading to read as follows:


Sec.  256.15  How long will I have to wait for repair, renovation, or 
replacement of my dwelling?

    13. In Sec.  256.17:
    A. Remove the words ``improvements or repairs'' wherever they 
appear and add, in their place, ``repairs or renovation''.
    B. In paragraph (c), in the last sentence, remove the word ``home'' 
and add, in its place, ``dwelling''.
    C. In paragraph (d), remove the words ``improvement, repair'' and 
add, in their place, ``repairs, renovation''.
    D. In paragraph (d)(1), in the second sentence, remove the citation 
``Sec.  256.7'' and add, in its place, ``Sec.  256.11''.
    14. In Sec.  256.19, remove the words ``improvements, repairs'' and 
add, in their place, the words ``repairs, renovation''.

    15. In Sec.  256.23, revise the section heading to read as follows:


Sec.  256.23  How will I be advised that the repair, renovation or 
replacement of my dwelling has been completed?

    16. Remove Sec.  256.24.

    17. Redesignate Sec. Sec.  256.25 through 256.29 as follows:

------------------------------------------------------------------------
                Old section                          New section
------------------------------------------------------------------------
256.25....................................  256.24
256.26....................................  256.25
256.27....................................  256.26
256.28....................................  256.27
256.29....................................  256.28
------------------------------------------------------------------------

[FR Doc. 02-31985 Filed 12-19-02; 8:45 am]
BILLING CODE 4310-4J-P