[Federal Register Volume 68, Number 67 (Tuesday, April 8, 2003)]
[Proposed Rules]
[Pages 17000-17002]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-8550]


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DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

24 CFR Part 1000

[Docket No. FR-4676-N-06]


Indian Housing Block Grant Allocation Formula: Notice of 
Establishment of Negotiated Rulemaking Committee and Announcement of 
Final List of Committee Members

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

ACTION: Notice.

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SUMMARY: HUD announces the establishment of its Indian Housing Block 
Grant Allocation Formula Negotiated Rulemaking Committee, consistent 
with the Negotiated Rulemaking Act of 1990. In addition, this notice 
announces the final list of committee members. The committee will 
negotiate a proposed rule to revise the allocation formula used under 
the Indian Housing Block Grant (IHBG) Program. This document follows 
publication of July 16, 2001, July 5, 2002, and January 22, 2003, 
notices advising the public of HUD's intent to establish the negotiated 
rulemaking committee and soliciting nominations for membership on the 
committee.

DATES: The first meeting of the negotiated rulemaking committee will be 
held on Tuesday, April 29, 2003, Wednesday, April 30, 2003, and 
Thursday, May 1, 2003. The meetings will start at 9 a.m. each day and 
are scheduled to adjourn at 4 p.m. each day.

ADDRESSES: The meetings will take place at the Adams-Mark Hotel, 1550 
Court Place Street, Denver, Colorado 80202; telephone (303) 893-3333.

FOR FURTHER INFORMATION CONTACT: Rodger J. Boyd, Deputy Assistant 
Secretary for Native American Programs, Room 4126, Office of Public and 
Indian Housing, Department of Housing and Urban Development, 451 
Seventh Street, SW., Washington, DC 20410, telephone, (202) 401-7914 
(this is not a toll-free number). Hearing or speech-impaired 
individuals may access this number via TTY by calling the toll-free 
Federal Information Relay Service at 1-800-877-8339.

SUPPLEMENTARY INFORMATION: 

I. Background

    With tribal participation, HUD developed the March 12, 1998 (63 FR 
12349), final rule that implemented the Native American Housing 
Assistance and Self-Determination Act (25 U.S.C. 4101 et seq.) 
(NAHASDA). Following the procedures of the Negotiated Rulemaking Act of 
1990 (5 U.S.C. 561-570), the committee negotiated the March 12, 1998, 
final rule, which created a new 24 CFR part 1000 containing the Indian 
Housing Block Grant (IHBG) regulations. NAHASDA established the IHBG 
Program by reorganizing housing assistance to Native Americans and 
eliminating and consolidating a number of HUD assistance programs. In 
addition to creating a single housing assistance program, NAHASDA 
provides Federal assistance for Indian tribes in a manner that 
recognizes the right of Indian self-determination and tribal self-
government.
    The amount of assistance made to Indian tribes is determined using 
a formula, developed as part of the NAHASDA negotiated rulemaking 
process. A regulatory description of this formula is located in subpart 
D of 24 CFR part 1000 (Sec. Sec.  1000.301-1000.340). In general, the 
amount of funding for a tribe is the sum of the formula's Need 
component and the Formula Current Assisted Stock (FCAS) component, 
subject to a minimum funding amount authorized by Sec.  1000.328. Based 
on the amount of funding appropriated annually for the IHBG Program, 
HUD calculates the annual grant for each tribe and conveys this 
information to Indian tribes. An Indian Housing Plan (IHP) for the 
tribe is then submitted to HUD. If the IHP is found to be in compliance 
with the statutory and regulatory requirements, the grant is made.
    Section 1000.306 of the IHBG Program regulations provides that the 
allocation formula shall be reviewed within five years after issuance. 
This 5-year period closes in March 2003. Further, the Omnibus Indian 
Advancement Act (Pub. L. 105-568, approved December 27, 2000), makes 
several statutory changes to the IHBG allocation formula that HUD has 
decided to implement through rulemaking. Accordingly, HUD believes this 
would be an appropriate time to review the IHBG formula.

II. The Indian Housing Block Grant Allocation Formula Negotiated 
Rulemaking Committee

    Through this notice, HUD announces the establishment of its Indian 
Housing Block Grant Allocation Formula Negotiated Rulemaking Committee. 
The committee will negotiate a proposed rule to revise the allocation 
formula used for the IHBG Program. In addition, section IV of this 
notice announces the final list of negotiated rulemaking committee 
members.
    HUD first published a notice of intent to establish a negotiated 
rulemaking committee on July 16, 2001 (66 FR 37098), but due to the 
events of September 11, 2001, HUD was not able to act on the notice 
within the timeframes originally intended. Accordingly, HUD published a 
July 5, 2002, notice, which (1) again advised the public of HUD's 
intent to establish the negotiated rulemaking committee; (2) solicited 
public comments on the proposed membership of the committee; (3) 
explained how persons could be nominated for membership to the 
committee; and (4) announced the names of those who successfully 
completed applications under the original July 16, 2001, notice. In 
particular, HUD solicited committee members from among elected officers 
of tribal governments (or authorized designees of those tribal 
governments)

[[Page 17001]]

with a definable stake in the outcome of a proposed rule. On January 
22, 2003 (68 FR 3112), HUD published a third Federal Register notice, 
announcing the list of proposed members for the negotiated rulemaking 
committee, and requesting additional public comment on the proposed 
membership.

III. Discussion of Public Comments Received on the January 22, 2003, 
Notice

    The public comment period on the January 22, 2003, notice closed on 
February 21, 2003. The notice was of interest to Indian country, as 
demonstrated by the 40 public comments that HUD received on the notice. 
This section presents a summary of the issues raised by the commenters 
on the January 22, 2003, notice, and HUD's responses to these issues.
    Comment: HUD failed to provide response to public comments on 
previous notices. Several commenters wrote that HUD had not responded 
to comments submitted in response to the two earlier Federal Register 
notices.
    HUD response. HUD disagrees, and notes that it has made several 
changes to this negotiated rulemaking process as a result of the 
comments received on the July 16, 2001, and July 5, 2002, notices. 
Among other such modifications, HUD expanded the size of the committee 
from 18 to 24 members, and increased the number of HUD representatives 
from one to two for a total of 26 committee members. HUD also clarified 
that the relevant qualifying experience for membership on the committee 
included experience as a housing practitioner, and extended the time 
for nominees with incomplete applications to submit the missing 
information. Further, HUD clarified the meaning of the terms ``small,'' 
``medium,'' and ``large'' tribes in response to commenters requesting 
such clarification. In addition, HUD sought a second round of 
nominations in response to concerns that there was insufficient 
geographic diversity among the original candidates for committee 
membership.
    Comment: The qualifications for membership on the committee were 
unclear. Several commenters expressed this concern.
    HUD response. As discussed in the response to the preceding 
comments, HUD has clarified and addressed any questions regarding the 
qualifications for membership on the negotiated rulemaking committee. 
HUD believes that the qualifications were understood by the vast 
majority of Indian tribes, as evidenced by the large number of highly 
qualified candidates that were nominated for membership on the 
committee.
    Comment: Adequate time must be given to the committee to complete 
its work. Several commenters made this recommendation.
    HUD response. HUD agrees, and is committed to ensuring that the 
negotiated rulemaking committee is provided with sufficient time to 
complete the development of a proposed rule.
    Comment: Small tribes will need a special allocation of travel 
funds to attend the negotiated rulemaking committee meetings. Several 
commenters made this suggestion.
    HUD response. HUD is sympathetic to the concerns expressed by these 
commenters, and notes that travel expenses are an eligible expense 
under the IHBG Program.
    Comment: Comments regarding committee membership. Several 
commenters wrote that the number of committee members does not 
adequately represent all tribal interests. Other commenters wrote that 
the proposed committee membership did not represent an adequate balance 
of geographically diverse small, medium and large tribes.
    HUD response. HUD believes that the final committee membership 
reflects a balanced representation of all Indian tribes. As noted in a 
preceding response, HUD increased the number of committee members from 
18 to 26 in response to comments received from the tribes. Further, HUD 
sought a second round of nominations in response to concerns that there 
was insufficient geographic diversity among the original candidates for 
committee membership.
    Comment: HUD should also establish a list of alternate committee 
members to represent the interests of members unable to attend 
committee meetings. Several commenters made this suggestion. The 
commenters wrote that it is important to select alternates so that a 
member's particular interests will be represented even if the member is 
unable to attend a committee meeting.
    HUD response. Rather than pre-selecting a team of alternates, HUD 
has determined that each committee member should have the discretion to 
decide who will best represent them in their absence. A committee 
member unable to attend any session should inform the committee in 
writing as to whom they have selected to represent them.
    Comment: Support for proposed committee members and additional 
nominations for membership. The majority of the additional comments 
received were letters in support of particular proposed committee 
members, along with several letters from interested parties nominating 
other individuals the commenter felt would better represent particular 
interests.
    HUD response. HUD appreciates the support expressed by the 
commenters, as well as the additional nominations for committee 
membership. If a tribe requested that its tribal representative be 
replaced with a substitute, HUD has honored that request. The number of 
highly qualified individuals nominated for membership has helped to 
ensure the success of this negotiated rulemaking process. HUD looks 
forward to working with its tribal partners in the development of 
proposed changes to the IHBG Formula.

IV. Final Membership of the Negotiated Rulemaking Committee

    This section announces the final list of negotiated rulemaking 
committee members. In making the selections for membership on the 
negotiated rulemaking committee, HUD's goal was to establish a 
committee whose membership reflects a balanced representation of Indian 
tribes. In addition to the tribal members of the committee, there will 
be two HUD representatives on the negotiated rulemaking committee. The 
firm of Carr, Falkner & Swanson will serve as facilitators.
    The final list of members of the Indian Housing Block Grant 
Allocation Formula Negotiated Rulemaking Committee is as follows:

Tribal Members

Eddie L. Tullis, Tribal Chairman, Poarch Band of Creek Indians, 
Atmore, Alabama.
Joel M. Frank, Housing Director, Seminole Tribe of Florida, 
Hollywood, Florida.
Beasley Denson, Vice Chief, Mississippi Band of Choctaw Indians, 
Choctaw, Mississippi.
Bruce K. LaPointe, Development Director, Sault St. Marie Housing 
Authority, Sault Ste. Marie, Michigan.
Bill Anoatubby, Governor, The Chickasaw Nation, Ada, Oklahoma.
Russell Sossamon, Executive Director, Housing Authority of the 
Choctaw Nation of Oklahoma, Hugo, Oklahoma.
Robert B. Carlile III, Executive Director, Citizen Potawatomi Nation 
Housing Authority, Shawnee, Oklahoma.
Marvin Jones, Executive Director, Community Services, Cherokee 
Nation, Tahlequah, Oklahoma.
Jack Sawyers, Executive Director, Utah Paiute Tribal Housing 
Authority, Cedar City, Utah.
Robert Gauthier, Executive Director, Salish and Kootenai Housing 
Authority, Pablo, Montana.

[[Page 17002]]

Wayne Ducheneaux, Executive Director, Cheyenne River Housing 
Authority, Eagle Butte, South Dakota.
Darlene Tooley, Executive Director, Northern Circle Indian Housing 
Authority, Ukiah, California.
Michael L. Reed, Chief Executive Officer, Cocopah Indian Housing and 
Development, Somerton, Arizona.
Terry Hudson, Executive Director, Northern Pueblos Housing 
Authority, Espanola, New Mexico.
Judith Marasco, Executive Director, Yurok Indian Housing Authority, 
Klamath, California.
Johnny Naize, Tribal Council Member, Navajo Nation, Window Rock, 
Navajo Nation, Arizona.
Brian Wallace, Chairman, Washoe Tribe of Nevada and California, 
South Gardnerville, Nevada.
Larry Coyle, Tribal Council Member, Cowlitz Tribe, Oakville, 
Washington.
Tim King, Tribal Council Member, Samish Indian Nation, Seattle, 
Washington.
Virginia Brings Yellow, Tribal Council Member, Quinault Indian 
Nation, Taholah, Washington.
Marty Shuravloff, Executive Director, Kodiak Island Housing 
Authority, Kodiak, Alaska.
Blake Y. Kazama, Executive Director, Tlingit-Haida Regional Housing 
Authority, Juneau, Alaska.
Ron Hoffman, Executive Director, Association of Village Council 
Presidents, Regional Housing Authority, Bethel, Alaska.
Carol Gore, Executive Director, Cook Inlet Housing Authority, 
Anchorage, Alaska.

HUD Representatives

Michael M. Liu, Assistant Secretary for Public and Indian Housing.
Rodger J. Boyd, Deputy Assistant Secretary for Native American 
Programs.

V. First Committee Meeting

    The first meeting of the Indian Housing Block Grant Allocation 
Formula Negotiated Rulemaking Committee will be on Tuesday, April 29, 
2003, Wednesday, April 30, 2003, and Thursday, May 1, 2003. The 
meetings will start at 9 a.m. each day and are scheduled to adjourn at 
4 p.m. each day. The meetings will take place at the Adams-Mark Hotel, 
1550 Court Place Street, Denver, Colorado 80202.
    The agenda planned for the meeting includes: (1) Orienting members 
to the negotiated rulemaking process; (2) establishing a basic set of 
understandings and ground rules (protocols) regarding the process that 
will be followed in seeking a consensus; and (3) discussion of the 
issues relating to the IHBG Allocation Formula.
    The meeting will be open to the public without advance 
registration. Public attendance may be limited to the space available. 
Members of the public may make statements during the meeting, to the 
extent time permits, and file written statements with the committee for 
its consideration. Written statements should be submitted to the 
address listed in the FOR FURTHER INFORMATION section of this document.

VI. Future Committee Meetings

    Decisions with respect to future meetings will be made at the first 
meeting and from time to time thereafter. Notices of all future 
meetings will be published in the Federal Register. HUD will make every 
effort to publish such notices at least 15 calendar days prior to each 
meeting.

    Dated: April 1, 2003.
Michael Liu,
Assistant Secretary for Public and Indian Housing.
[FR Doc. 03-8550 Filed 4-7-03; 8:45 am]
BILLING CODE 4210-33-P