[Federal Register Volume 71, Number 44 (Tuesday, March 7, 2006)]
[Proposed Rules]
[Pages 11464-11468]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-3186]



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Part II





Department of Housing and Urban Development





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24 CFR Part 1000



Self-Insurance Plans Under the Indian Housing Block Grant Program; 
Proposed Rule

  Federal Register / Vol. 71, No. 44 / Tuesday, March 7, 2006 / 
Proposed Rules  

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DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

24 CFR Part 1000

[Docket No. FR-4897-P-01; HUD-2006-0004]
RIN 2577-AC58


Self-Insurance Plans Under the Indian Housing Block Grant Program

AGENCY: Office of Public and Indian Housing, HUD.

ACTION: Proposed rule.

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SUMMARY: This proposed rule would establish standards for recipients 
under the Indian Housing Block Grant Program to purchase insurance 
through nonprofit insurance entities owned and controlled by Indian 
tribes and tribally designated housing entities.

DATES: Comment Due Date: May 8, 2006.

ADDRESSES: Interested persons are invited to submit comments regarding 
this rule to the Regulations Division, Office of General Counsel, 
Department of Housing and Urban Development, 451 Seventh Street, SW., 
Room 10276, Washington, DC 20410-0500. Interested persons also may 
submit comments electronically through the Federal eRulemaking Portal 
at: http://www.regulations.gov. Commenters should follow the 
instructions provided on that site to submit comments electronically.
    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, without change, for 
public inspection and copying between 8 a.m. and 5 p.m. weekdays at the 
above address. Due to security measures at the HUD Headquarters 
building, please schedule an appointment to review the public comments 
by calling the Regulations Division at (202) 708-3055 (this is not a 
toll-free number). Copies are also available for inspection and 
downloading at http://www.regulations.gov.

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

SUPPLEMENTARY INFORMATION:

I. Background

A. Statutory and Regulatory Background

    The Native American Housing Assistance and Self-Determination Act 
of 1996 (NAHASDA) (25 U.S.C. 4101 et seq.) provides, pursuant to 
Congress' constitutional authority over Indian affairs, a comprehensive 
program of housing assistance to Indian tribes and their tribally 
designated housing entities. NAHASDA eliminated several separate 
assistance programs for Indian tribes and replaced them with a single 
block grant program, known as the Indian Housing Block Grant (IHBG) 
program. The regulations for the IHBG program are codified at 24 CFR 
part 1000.
    Section 203(c) of NAHASDA requires recipients of IHBG program 
assistance to ``maintain adequate insurance coverage for housing units 
that are owned and operated or assisted with grant amounts provided 
under this Act.'' (See 25 U.S.C. 4133(c).) Section 102 of NAHASDA 
requires each Indian Housing Plan (IHP) to include a certification that 
``the recipient will maintain adequate insurance coverage for housing 
units that are owned and operated with grant amounts provided under 
this Act, in compliance with such requirements as may be established by 
the Secretary.''
    Current regulatory requirements for housing insurance in the Native 
American housing program are found at 24 CFR 1000.38, 1000.136, and 
1000.138. Section 1000.38 delineates when flood insurance is necessary. 
Section 1000.136(a) requires the funding recipient under the program to 
provide casualty insurance against fire, weather, and liability claims 
for all housing units owned or operated by the recipient. Section 
1000.136(b) allows for cases where the recipient does not have to 
provide insurance. These exceptions apply to non-repayable grants to 
families for housing under the following conditions: there is no risk 
of loss or substantial financial exposure to the recipient; or the 
amount of the assistance is less than $5,000.00. Section 1000.136(c) 
requires the funding recipient to require that contractors and 
subcontractors have adequate insurance or indemnification coverage to 
cover their activities. Section 1000.136(d) clarifies that the 
insurance requirements of that section are in addition to the flood 
insurance requirements of section 1000.38.
    Section 1000.138 defines what is considered ``adequate insurance.'' 
Insurance must be purchased from an insurance provider or plan of self-
insurance ``in an amount that will protect the financial stability of 
the recipient's IHBG program.'' Insurance may be purchased from 
nonprofit entities without regard to competitive selection if the 
entities are owned and controlled by the recipients under the program 
and have been approved by HUD.

B. Historical Background

    In many areas, commercial insurers have been unwilling to provide 
property insurance for Indian housing at an affordable rate. Prior to 
NAHASDA, the annual contributions contract (ACC) required Indian 
housing assisted under the United States Housing Act of 1937 to have 
adequate insurance. HUD's practice was to competitively procure a 
master insurance policy for all public and Indian housing authorities 
(IHAs). This practice did not prove effective in obtaining adequate 
housing insurance for public and Indian housing. In 1986, HUD had to 
reject the only bid submitted for the master policy because it offered 
no liability insurance, had only limited property coverage, and was 
exorbitantly expensive.
    Because of difficulties of procuring adequate housing insurance, 
HUD encouraged the National American Indian Housing Council (NAIHC) to 
form a risk pool composed solely of IHAs to provide the legally-
required insurance coverage for HUD-assisted housing on tribal lands. 
HUD provided federal funds to assist with the creation of this risk 
pool. AMERIND Risk Management Corporation (AMERIND) was incorporated in 
1986 under the laws of the Red Lake Band of Chippewa Indians 
(Minnesota) as a self-insurance risk pool for IHAs and Indian tribes 
pursuant to an intergovernmental agreement. HUD approved the self-
insurance plan as a means of protecting federally subsidized Indian 
housing units. AMERIND continues to administer the approved self-
insurance plan for properties funded under NAHASDA, pursuant to 24 CFR 
1000.138.
    Prior to the effective date of NAHASDA, AMERIND operated under 
HUD's Indian Housing regulations at 24 CFR 950.190, which did not 
address preemption of state law. After NAHASDA became effective, those 
Indian Housing regulations were replaced with the current regulations 
in 24 CFR part 1000. While the regulations in part 1000 generally 
address required insurance, they do not set specific standards under 
which IHBG-assisted housing units may be insured by tribally owned 
insurance entities. This proposed rule is necessary to address a

[[Page 11465]]

nationwide lack of available insurance coverage for affordable, IHBG-
assisted housing. After receiving feedback from IHBG recipients that 
standard commercial insurance premiums were either unavailable or 
prohibitively expensive, the NAIHC conducted a voluntary survey to 
assess the depth of the problem across the country. The survey showed a 
clear need for affordable insurance coverage for IHBG-assisted units. 
The survey also demonstrated that IHBG recipients that obtained 
insurance through a self-insurance plan realized considerable savings 
in their premiums. Indeed, for some recipients, such as those in remote 
geographies, a self-insurance plan was the only coverage available.
    This proposed rule is intended to ensure that NAHASDA's statutory 
requirement of adequate insurance is met in a cost-effective manner by 
regulating the provision of insurance for IHBG-assisted properties. In 
the absence of reasonably detailed national guidelines for tribally 
owned Indian housing insurance entities, HUD fears a repeat of the 1986 
situation where there will be no insurance coverage available for 
affordable Indian housing. The cost of compliance with duplicative or 
conflicting state or local requirements would cause IHBG recipients to 
divert scarce IHBG funds for affordable housing and limit the 
recipients' options, thereby failing to fulfill the intent of Congress 
``to assist and promote affordable housing activities'' (section 201(a) 
of NAHASDA, 25 U.S.C. 4131(a)(1)). Nonprofit self-insurance pools that 
are wholly owned and controlled by IHBG recipients further NAHASDA's 
primary objective ``to promote self-sufficiency of Indian tribes'' 
(section 201(a)(2) of NAHASDA, 25 U.S.C. 4131(a)(2)) by permitting 
tribal recipients to use nonprofit self-insurance plans as an 
alternative risk financing mechanism to reduce the cost and expense of 
maintaining adequate insurance coverage for affordable housing assisted 
by IHBG. Uniform national federal regulation of nonprofit self-
insurance plans maximizes the economies of scale for Indian tribes 
located in different states and fosters efficient pooling of self-
insurance risks by removing the possibility of duplicative or 
conflicting state requirements. Therefore, HUD believes that this rule, 
which sets guidelines for tribally-owned insurance pools for tribal 
housing and provides for a limited preemption of state and local law, 
is necessary.

II. This Proposed Rule

    This proposed rule would provide regulations for a self-insurance 
plan for housing assisted under the IHBG program. This rule governs all 
property insurance required for Indian Housing Block Grant housing, 
except for flood insurance required under 24 CFR 1000.38. Section 
1000.38 remains unchanged. The regulations provide that the self-
insurance plan be operated on a nonprofit basis and owned and 
controlled by IHBG funding recipients. The rule would provide criteria 
for management and underwriting staff experience as well as appropriate 
accounting and financial management. In order to ensure appropriate 
financial management, the rule would include an annual audit 
requirement. Also, the rule would provide for HUD approval and the 
ability of HUD to revoke its approval if an entity no longer meets the 
standards of this rule. The rule would preempt state and local laws to 
ensure that a participating Indian housing self-insurance entity has to 
meet a single set of criteria, thus enabling it to save in compliance 
costs.
    The sole purpose of this rule is to establish regulatory standards 
for self-insurance entities. This rule does not establish any 
indemnification or other third-party rights against the federal 
government, either on behalf of the insurance entity or a party 
purchasing such insurance. In the Department's determination, HUD is 
not liable for any financial shortfall or loss resulting from the 
operation of self-insurance entities operating under the authority of 
this regulation.

III. Federalism Summary Impact Statement

    In accordance with Executive Order 13132 (Federalism), and the 
Department's own policy on federalism, by letter dated December 16, 
2004, the Department notified the attorneys general of each of the 50 
states of its intention to promulgate regulations that would govern the 
insurance of tribal housing under the IHBG program. Because property 
insurance is regulated by state law, HUD recognized the necessity to 
consult and solicit the views of state governments on this issue. 
NAHASDA requires tribes and tribally designated housing entities to 
maintain adequate insurance for housing owned and operated using funds 
that the government provides under NAHASDA. Indian tribes may meet this 
statutory requirement through tribally owned and operated insurance 
entities. There is currently one such self-insurance entity; although, 
once the rule is promulgated, Indian tribes could establish additional 
ones.
    The Department's December 16, 2004, letter described the current 
regulatory environment and stated the reason for promulgating the rule. 
While NAHASDA requires IHBG program recipients to maintain adequate 
insurance, HUD investigation, including feedback from IHBG program 
recipients, has determined that in many areas, adequate insurance for 
federally assisted Indian housing is either unavailable from private 
insurance companies or prohibitively expensive. The Department believes 
that the proposed rule will effectively address this issue by providing 
regulations under which IHBG program recipients can establish new self-
insurance entities, and under which the sole existing IHBG self-
insurance risk pool, AMERIND, can operate. Because state insurance laws 
could potentially conflict with the regulation intended to be 
established by this rulemaking and thereby defeat the important federal 
purpose underlying this rulemaking by subjecting tribally owned Indian 
housing insurance entities to widely varying and costly requirements, 
the Department determined it was necessary to preempt state law in the 
area of housing insurance for tribally-owned and operated housing. The 
preemptive effect of this rule is limited to this one area. HUD 
requested views and comments from the state attorneys general by 
January 31, 2005. A number of states responded with requests for 
further clarifications, which HUD provided. Other states asked for 
copies of the rule or provided a contact point for further information.
    On January 27, 2005, a trade association wrote to HUD on behalf of 
its members seeking an extension of time until February 15, 2005, for 
the association and its members to provide any additional comments they 
might have. HUD agreed to this extension. HUD did not receive further 
correspondence from the association or its members.
    The December 16, 2004, letter provided the first step in HUD's 
consultation process on this rulemaking. HUD welcomes and will consider 
further comments from the states on this rulemaking. HUD believes that 
given the limited nature of the preemption, the fact that the limited 
preemption is necessary to ensure that insurance services for federally 
assisted housing on tribal lands are provided as required by federal 
law, and the limited number of self-insurance entities involved, 
regulatory preemption is appropriate in this case.

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IV. Tribal Consultation

    HUD's policy is to consult with Indian tribes early in the 
rulemaking process on matters that have tribal implications. 
Accordingly, on April 12, 2005, HUD sent letters to all eligible 
funding recipients under NAHASDA and their tribally designated housing 
entities informing them of the nature of the forthcoming rule and 
soliciting comments. The deadline for comments under this informal 
consultation was June 3, 2005. The Department received five responses 
to the April 12, 2005, consultation letter. HUD has attempted to 
address all the issues raised by the tribes in this proposed rule. In 
addition, tribes have the opportunity to comment on this proposed rule, 
and HUD welcomes such comment.

V. Findings and Certifications

Paperwork Reduction Act

    The information collection requirements contained in this rule have 
been submitted to the Office of Management and Budget (OMB) under the 
Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520). In accordance 
with the Paperwork Reduction Act, 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 currently valid OMB control number.
    The burden of the information collections in this proposed rule is 
estimated as follows:

                                       Reporting and Recordkeeping Burden
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                                                                                   Estimated
                                                 Number of        Number of       average time      Estimated
              Section reference                   parties       responses per   for requirement   annual burden
                                                                  respondent       (in hours)       (in hours)
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1000.139....................................               1                1               10               10
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    In accordance with 5 CFR 1320.8(d)(1), HUD is soliciting comments 
from members of the public and affected agencies concerning this 
collection of information to:
    (1) Evaluate whether the proposed collection of information is 
necessary for the proper performance of the functions of the agency, 
including whether the information will have practical utility;
    (2) Evaluate the accuracy of the agency's estimate of the burden of 
the proposed collection of information;
    (3) Enhance the quality, utility, and clarity of the information to 
be collected; and
    (4) Minimize the burden of the collection of information on those 
who are to respond, including through the use of appropriate automated 
collection techniques or other forms of information technology, e.g., 
permitting electronic submission of responses.
    Interested persons are invited to submit comments regarding the 
information collection requirements in this rule. Under the provisions 
of 5 CFR part 1320, OMB is required to make a decision concerning this 
collection of information between 30 and 60 days after today's 
publication date. Therefore, a comment on the information collection 
requirements is best assured of having its full effect if OMB receives 
the comment within 30 days of today's publication. This time frame does 
not affect the deadline for comments to the agency on the interim rule, 
however. Comments must refer to the proposal by name and docket number 
(FR-4897) and must be sent to:

HUD Desk Officer, Office of Management and Budget, New Executive Office 
Building, Room 10235, Washington, DC 20503. Fax number: (202) 395-6974 
and
Sherry Fobear-McCown, Office of Public and Indian Housing, Department 
of Housing and Urban Development, 451 Seventh Street, SW., Room 4255, 
Washington, DC 20410-0500.

Environmental Impact

    This proposed rule does not direct, provide for assistance or loan 
or mortgage insurance for, or otherwise govern or regulate, real 
property acquisition, disposition, leasing, rehabilitation, alteration, 
demolition, or new construction, or establish, revise or provide for 
standards for construction or construction materials, manufactured 
housing, or occupancy. Accordingly, under 24 CFR 50.19(c)(1), this 
proposed rule is categorically excluded from environmental review under 
the National Environmental Policy Act of 1969 (42 U.S.C. 4321et seq.).

Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (UMRA) (2 U.S.C. 1531-
1538) establishes requirements for federal agencies to assess the 
effects of their regulatory actions on state, local, and tribal 
governments and on the private sector. This proposed rule does not 
impose a federal mandate on any state, local, or tribal government, or 
on the private sector, within the meaning of UMRA.

Regulatory Flexibility Act

    The Regulatory Flexibility Act (RFA) (5 U.S.C. 601 et seq.), 
generally requires an agency to conduct a regulatory flexibility 
analysis of any rule subject to notice and comment rulemaking 
requirements unless the agency certifies that the rule will not have a 
significant economic impact on a substantial number of small entities. 
This rule governs only the provision of insurance for IHBG-assisted 
housing by entities wholly owned and controlled by IHBG recipients. 
Because there is only one such entity currently in existence, the 
number of entities affected is not substantial. Therefore, the 
undersigned certifies that this proposed rule will not have a 
significant economic impact on a substantial number of small entities, 
and an initial regulatory flexibility analysis is not required.
    Notwithstanding the determination that this rule would not have a 
significant economic impact on a substantial number of small entities, 
HUD specifically invites comments regarding less burdensome 
alternatives to this rule that will meet HUD's objectives as described 
in this preamble.

Executive Order 13132, Federalism

    Executive Order 13132 (entitled ``Federalism'') prohibits an agency 
from publishing any rule that has federalism implications if the rule 
either imposes substantial direct compliance costs on state and local 
governments and is not required by statute, or the rule preempts state 
law, unless the agency meets the consultation and funding requirements 
of section 6 of the Executive Order. HUD has determined that the 
policies contained in this proposed rule have federalism implications, 
and are subject to review under the order. Specifically, the rule 
provides for preemption of state regulation of tribal housing self-
insurance entities in their coverage of federally assisted housing. 
HUD's

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federalism summary impact statement, as required by section 6(b)(2)(B) 
of the Executive Order, and which discusses this matter in more detail, 
is presented in Section III of this preamble.

Regulatory Planning and Review

    The Office of Management and Budget (OMB) reviewed this rule under 
Executive Order 12866 (entitled ``Regulatory Planning and Review''). 
OMB determined that this rule is a ``significant regulatory action'' as 
defined in section 3(f) of the order (although not an economically 
significant regulatory action under the order). Any changes made to 
this rule as a result of that review are identified in the docket file, 
which is available for public inspection in the Regulations Division, 
Office of the General Counsel, 451 Seventh Street, SW., Room 10276, 
Washington, DC 20410-0500. Due to security measures at the HUD 
Headquarters building, please schedule an appointment to review the 
public comments by calling the Regulations Division at (202) 708-3055 
(this is not a toll-free number).

Catalog of Federal Domestic Assistance

The Catalog of Federal Domestic Assistance number is 14.867.

List of Subjects in 24 CFR Part 1000

    Aged, Grant programs--housing and community development, Grant 
programs-Indians, Individuals with disabilities, Low- and moderate-
income housing, Public housing, Reporting and recordkeeping 
requirements.

    Accordingly, for the reasons described in the preamble, HUD 
proposes to amend 24 CFR part 1000 as follows:

PART 1000--NATIVE AMERICAN HOUSING ACTIVITIES

    1. The authority citation for 24 CFR Part 1000 continues to read as 
follows:

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

Subpart B--Affordable Housing Activities

    2. Add a new Sec.  1000.139, to read as follows:


Sec.  1000.139  What are the standards for insurance entities owned and 
controlled by recipients?

    (a) General. A recipient may provide insurance coverage required by 
section 203(c) of NAHASDA and Sec. Sec.  1000.136 and 1000.138 through 
a self-insurance plan, approved by HUD in accordance with this section, 
provided by a nonprofit insurance entity that is wholly owned and 
controlled by IHBG recipients.
    (b) Self-insurance plan. An Indian housing self-insurance plan must 
be shown to meet the requirements of paragraph (c) of this section.
    (c) Application. For a self-insurance plan to be approved by HUD, 
an application and supporting materials must be submitted containing 
the information specified in paragraphs (c)(1) through (c)(9) of this 
section. Any material changes made to these documents after initial 
approval must be submitted to HUD. Adverse material changes may cause 
HUD to revoke its approval of a self-insurance entity. The application 
submitted to HUD must show that:
    (1) The plan is organized as an insurance entity, tribal self-
insurance plan, tribal risk retention group, or Indian housing self-
insurance risk pool;
    (2) The plan limits participation to IHBG recipients;
    (3) The plan operates on a nonprofit basis;
    (4)(i) The plan employs or contracts with a third party to provide 
competent underwriting and management staff;
    (A) The underwriting staff must be composed of insurance 
professionals with an average of at least five years of experience in 
large risk commercial underwriting exceeding $100,000 in annual 
premiums or at least five years of experience in underwriting risks for 
public entity plans of self-insurance;
    (B) The management staff must have at least one senior manager who 
has a minimum of five years of insurance experience at the level of 
vice president of a property or casualty insurance entity; as a senior 
branch manager of a branch office with annual property or casualty 
premiums exceeding five million dollars; or as a senior manager of a 
public entity self-insurance risk pool;
    (ii) Satisfaction of this requirement may be demonstrated by 
evidence such as r[eacute]sum[eacute]s and employment history of the 
underwriting staff for the plan and of the key management staff with 
day-to-day operational oversight of the plan;
    (5) The plan maintains internal controls and cost containment 
measures, as shown by the annual budget;
    (6) The plan maintains sound investments consistent with its 
articles of incorporation, charter, bylaws, risk pool agreement, or 
other applicable organizational document or agreement concerning 
investments;
    (7) The plan maintains adequate surplus and reserves as determined 
by HUD for undischarged liabilities of all types, as shown by a current 
audited financial statement and an actuarial review conducted in 
accordance with paragraph (e) of this section;
    (8) The plan has proper organizational documentation as shown by 
copies of the articles of incorporation, charter, bylaws, subscription 
agreement, business plan, contracts with third-party administrators, 
and other organizational documents; and
    (9) A plan's first successful application for approval under this 
section must also include an opinion from the plan's legal counsel that 
the plan is properly chartered, incorporated, or otherwise formed under 
applicable law.
    (d) HUD consideration of plan. HUD will consider an application for 
approval of a self-insurance plan submitted under this section and 
approve or disapprove that application no later than 90 days from the 
date of receipt of a complete application. If an application is 
disapproved, HUD shall notify the applicant of the reasons for 
disapproval and may offer technical assistance to a recipient to help 
the recipient correct the deficiencies in the application. The 
recipient may then resubmit the application under this section.
    (e) Annual reporting. An approved plan must undergo an audit and 
actuarial review annually. In addition, an evaluation of the plan's 
management must be performed by an insurance professional every three 
years. These audits, actuarial reviews, and management reviews must be 
submitted to HUD within 90 days after the end of the insuring entity's 
fiscal year and be prepared in accordance with the following standards:
    (1) The annual financial statement must be prepared in accordance 
with generally accepted accounting principles (GAAP) and audited by an 
independent auditor in accordance with generally accepted government 
auditing standards. The independent auditor shall state in writing an 
opinion on whether the plan's financial statement is presented fairly 
in accordance with GAAP;
    (2) The actuarial review of the plan shall be done consistently 
with requirements established by the Association of Governmental Risk 
Pools and conducted by an independent property or casualty actuary who 
is a member of a recognized professional actuarial organization, such 
as the American Academy of Actuaries. The report issued and submitted 
to HUD must include the actuary's written opinion on any over-or under-
reserving and the adequacy of the reserve

[[Page 11468]]

maintained for open claims and for incurred but unreported claims;
    (3) The management review must be prepared by an independent 
insurance consultant who has received the professional designation of a 
chartered property/casualty underwriter (CPCU), associate in risk 
management (ARM), or associate in claims (AIC), and cover the 
following:
    (i) The efficiency of the management or third-party administrator 
of the plan;
    (ii) Timeliness of the claim payments and reserving practices; and
    (iii) The adequacy of reinsurance or excess insurance coverage.
    (f) Revocation of approval. HUD may revoke its approval of a plan 
under this section when the plan no longer meets the requirements of 
this section. The plan's management will be notified in writing of the 
proposed revocation of its approval, and of the manner and time in 
which to request a hearing to challenge the determination in accordance 
with the dispute resolution procedures set forth in this part for model 
housing activities (Sec.  1000.118).
    (g) Preemption. Any self-insurance plan under this section that 
meets the requirements of this section and that has been approved by 
HUD shall be governed exclusively by these regulations in its provision 
of insurance for IHBG-assisted housing. The plan shall not be bound by 
or subject to any state or local law that imposes conflicting or 
additional requirements, nor shall the plan avoid the requirements of 
these regulations on the ground that such avoidance is permissible 
under state or local law.

    Dated: February 7, 2006.
Orlando J. Cabrera,
Assistant Secretary for Public and Indian Housing.
[FR Doc. E6-3186 Filed 3-6-06; 8:45 am]
BILLING CODE 4210-67-P