[Federal Register Volume 70, Number 34 (Tuesday, February 22, 2005)]
[Proposed Rules]
[Pages 8674-8675]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-3091]



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Part II





Department of Housing and Urban Development





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24 CFR Part 1000



 Indian Housing Block Grant Program; Advance Notice of Intent to 
Establish a Negotiated Rulemaking Committee and Request for Nominations 
for Committee Membership; Proposed Rule

  Federal Register / Vol. 70, No. 34 / Tuesday, February 22, 2005 / 
Proposed Rules  

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DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

24 CFR Part 1000

[Docket No. FR-4968-N-01; HUD-2005-0002]


Indian Housing Block Grant Program; Advance Notice of Intent To 
Establish a Negotiated Rulemaking Committee and Request for Nominations 
for Committee Membership

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

ACTION: Notice of establishment of negotiated rulemaking committee.

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SUMMARY: This notice announces HUD's intent to establish a negotiated 
rulemaking committee (Committee). The purpose of the Committee will be 
to provide advice and recommendations on developing a rule for 
effectuating changes to the Indian Housing Block Grant Program in 
response to statutory amendments to the Native American Housing 
Assistance and Self-Determination Act of 1996. This document provides 
the public with information regarding the Committee and explains how 
persons may be nominated for membership on the Committee.

DATES: Comments Due Date: March 24, 2005.

ADDRESSES: Interested persons are invited to nominations for membership 
on negotiated rulemaking committee to the Regulations Division, Office 
of General Counsel, Room 10276, Department of Housing and Urban 
Development, 451 Seventh Street, SW., Washington, DC 20410-0500. 
Facsimile (FAX) comments are not acceptable. In all cases, 
communications must refer to the docket number and title. All comments 
and communications submitted will be available for public inspection 
and copying between 8 a.m. and 5 p.m. weekdays at the above address.

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

SUPPLEMENTARY INFORMATION:

I. Background

    The Native American Housing Assistance and Self-Determination Act 
of 1996 (25 U.S.C. 4101 et seq.) (NAHASDA) established the Indian 
Housing Block Grant (IHBG) Program. NAHASDA was subsequently amended 
several times. In 1998, NAHASDA was amended by the Departments of 
Veterans Affairs and Housing and Urban Development, and Independent 
Agencies Appropriations Act, 1999 (Pub. L. 105-276, approved Oct. 21, 
1998). In 2000, the Omnibus Indian Advancement Act (Pub. L. 106-568, 
approved Dec. 27, 2000) and the American Homeownership and Economic 
Opportunity Act of 2000 (Pub. L. 106-569, approved Dec. 27, 2000) both 
amended NAHASDA. In 2002, the Native American Housing Assistance and 
Self-Determination Reauthorization Act of 2002 (Pub. L. 107-292, 
approved Nov. 13, 2002), which also amended NAHASDA, was enacted. These 
statutory amendments affected the IHBG Program.
    HUD is publishing this notice to announce it intends to establish a 
negotiated rulemaking committee (Committee) that will provide advice 
and recommendations on developing a rule for effectuating certain 
statutory changes to the IHBG Program, as noted above. The basic 
concept of negotiated rulemaking is to have the agency that is 
considering drafting a rule bring together representatives of affected 
interests for face-to-face negotiations that are open to the public. 
The Committee's role will be advisory and the Committee's goal will be 
to provide ``consensus'' recommendations to HUD. ``Consensus'' will be 
defined in the initial meeting of the Committee.

II. Identification of Issues for Negotiation

    The NAHASDA Amendments that will be the subject of negotiated 
rulemaking are:
    1. Environmental provisions under section 105(d) of NAHASDA (2000);
    2. Review and audit provisions under section 405 of NAHASDA (2000);
    3. Noncompliance actions under section 401(a) of NAHASDA (2000);
    4. Performance Agreement under section 401(b) of NAHASDA (2000);
    5. Program income under section 104(a) of NAHASDA (2002); and
    6. Definition of ``housing related community development'' under 
section 4(22) of NAHASDA (2002).
    HUD will obtain the services of a convener, whose task will be to 
consult with interested parties to gain an understanding of their 
interests and concerns relative to the issues listed above, which will 
be addressed during the negotiated rulemaking, and to determine what 
other issues are feasible for negotiation. The convener will contact a 
representative sampling of stakeholders to discuss the issues to be 
negotiated and to identify additional potential issues and will provide 
a report to HUD on the findings and conclusions of the consultation. 
HUD will then determine what additional issues, if any, will be 
negotiated in this negotiated rulemaking. Due to limitations on 
resources, some issues may be scheduled for a subsequent negotiated 
rulemaking.

III. Committee Meetings

    The negotiated rulemaking sessions will consist of full Committee 
meetings only. The Committee may decide to establish workgroups, but 
workgroups sessions will be conducted separately from meetings of the 
full Committee. HUD will encourage all Committee members to utilize 
telephone conference calls and the use of electronic media to 
accomplish work and narrow the issues prior to each Committee meeting.
    There will be a maximum of five meetings held, subject to the 
availability of resources. Dates, times and locations of future 
meetings will be determined by HUD and be published in the Federal 
Register.

IV. Committee Membership

    The Committee will consist of representatives of the various 
interests that are potentially affected by the rulemaking. Members may 
include tribally designated housing entities, elected officials of 
tribal governments, and HUD representatives. Members will serve at 
HUD's discretion.
    Other than the Federal government representatives, HUD has not yet 
identified the list of possible interests and parties. HUD will decide 
on a proposed membership based upon comments on this notice, as well as 
its own efforts to identify other individuals and entities having an 
interest in the outcome of this rulemaking. The Negotiated Rulemaking 
Act of 1990 (5 U.S.C. 561-570) provides, at 5 U.S.C. 565(b), that the 
membership of a negotiated rulemaking committee should generally be 
limited to 25 members.
    The two federal government representatives will be:
    1. The Assistant Secretary for Public and Indian Housing, U.S. 
Department of Housing and Urban Development; and
    2. The Deputy Assistant Secretary for Native American Programs, 
U.S.

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Department of Housing and Urban Development.
    It is not required that each potentially affected organization or 
entity necessarily have its own representative. However, HUD must be 
satisfied that the group as a whole reflects a proper balance and mix 
of interests. Negotiation sessions will be open to members of the 
public, so individuals and organizations that are not members of the 
Committee may attend sessions and communicate informally with members 
of the Committee.

V. Requests for Representation

    Consistent with section 565 of the Negotiated Rulemaking Act, 
Committee members shall be selected by HUD. If you are interested in 
serving as a member of the Committee or in nominating another person to 
serve as a member of the Committee, you may submit a written nomination 
to HUD at the address listed in the ADDRESSES section of this notice. 
Your nomination for membership on the Committee must include:
    1. The name of your nominee and a description of the interests the 
nominee would represent;
    2. Evidence that your nominee is authorized to represent a tribal 
government, which may include the tribally designed housing entity of a 
tribe with the interests the nominee would represent, so long as the 
tribe provides evidence that it authorizes such representation; and
    3. A written commitment that the nominee will actively participate 
in good faith in the development of the rule.
    HUD will determine whether a proposed member will be included in 
the makeup of the Committee. HUD will make that decision based on 
whether a proposed member would be significantly affected by the 
proposed rule, whether the interest of the proposed member could be 
represented adequately by other members, and whether space permits.

VI. Additional Notices

    After reviewing any comments on this notice and any requests for 
representation, HUD will publish a notice in the Federal Register that 
will announce the proposed membership of the Committee, request 
comments on the proposed membership, and solicit additional nominations 
for Committee membership. HUD will publish a notice in the Federal 
Register announcing the final composition of the Committee and the 
date, time, and place of the initial meeting.

    Dated: January 28, 2005.
Michael M. Liu,
Assistant Secretary for Public and Indian Housing.
[FR Doc. 05-3091 Filed 2-18-05; 8:45 am]
BILLING CODE 4210-33-P