[Federal Register Volume 71, Number 238 (Tuesday, December 12, 2006)]
[Notices]
[Pages 74748-74749]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-20939]



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Part VII





Department of Housing and Urban Development





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Use of Census Data in the IHBG Program; Notice

  Federal Register / Vol. 71, No. 238 / Tuesday, December 12, 2006 / 
Notices  

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DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

[Docket No. FR-5055-N-01]


Use of Census Data in the IHBG Program

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

ACTION: Notice.

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SUMMARY: Senate Report 109-109, which accompanied HUD's Fiscal Year 
(FY) 2006 appropriations act, provides for HUD to reassess through 
notice and comment rulemaking its use of multi-race data in the 
computation of the Need component of the Indian Housing Block Grant 
(IHBG) program allocation formula. Through the IHBG program, HUD 
provides Federal housing assistance to Indian tribes in a manner that 
recognizes the right of Indian self-determination and tribal self-
government. Consistent with the language of Senate Report 109-109, this 
notice solicits public comment on HUD's use of multi-race data in the 
computation of the IHBG program allocation formula. Following HUD's 
review and consideration of the comments received, HUD may proceed with 
additional rulemaking as necessary.

DATES: Comment Due Date: February 12, 2007.

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 may also 
submit comments electronically through the Federal electronic 
rulemaking portal at: www.regulations.gov. HUD strongly encourages 
commenters to submit comments electronically in order to make them 
immediately available to the public. Commenters should follow the 
instructions provided on that site to submit comments electronically. 
Facsimile (FAX) comments are not acceptable. All communications must 
refer to the docket number and title. All comments and communications 
submitted will be available, without revision, 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, an advance 
appointment to review the public comments must be scheduled by calling 
the Regulations Divisions at (202) 708-3055 (this is not a toll-free 
number). Copies of the public comments submitted are also available for 
inspection and downloading at www.regulations.gov.

FOR FURTHER INFORMATION CONTACT: Rodger J. Boyd, Deputy Assistant 
Secretary for Native American Programs, Department of Housing and Urban 
Development, Office of Public and Indian Housing, 451 Seventh Street, 
SW., Room 4126, Washington, DC 20410-5000; 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

    Senate Report 109-109, which accompanied the Transportation, 
Treasury, Housing and Urban Development, the Judiciary, the District of 
Columbia, and Independent Agencies Appropriations Act, 2006 (Pub. L. 
109-115; approved November 30, 2005), provides for HUD to reassess 
through ``notice and comment rulemaking'' its use of multi-race data in 
the computation of the Need component of the IHBG program allocation 
formula. Through the IHBG program, HUD provides Federal housing 
assistance to Indian tribes in a manner that recognizes the right of 
Indian self-determination and tribal self-government. HUD's regulations 
for the IHBG program, which were developed with active tribal 
participation using negotiated rulemaking procedures, are located at 24 
CFR part 1000.
    As authorized under title I of the Native American Housing 
Assistance and Self-Determination Act of 1996 (25 U.S.C. 4101 et seq.), 
this program provides an allocation of funds on a formula basis to 
Indian tribes or their tribally designated housing entities to help 
them address the housing needs within their communities. The formula, 
which was developed as part of the negotiated rulemaking process, 
consists of two components--Need and Formula Current Assisted Stock 
(FCAS). A regulatory description of the formula is located in subpart D 
of 24 CFR part 1000 (Sec. Sec.  1000.301-1000.340).
    Generally, 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. HUD's current regulations at 
Sec.  1000.330 describe the sources of data HUD will use to determine 
the Need component variables. The regulations state that the data shall 
be ``data available that is collected in a uniform manner that can be 
confirmed and verified for all AIAN [American Indian Alaska Native] 
households and persons living in an identified area. Initially, the 
data used are U.S. Decennial Census data.''
    The most recent Decennial Census in 2000, for the first time, 
allowed respondents to claim that they are ``American Indian Alaska 
Native (AIAN) in combination with other racial groups'' (multi-race), 
or to report their race as ``AIAN only'' (single race). The current 
regulation does not specify the use of single race or multi-race data. 
Accordingly, HUD exercised the discretion provided by the regulation to 
determine that the 2000 Census categories of ``AIAN alone'' and ``AIAN 
in combination with other racial groups'' represented the best 
available data to accomplish the statutory purposes of the IHBG 
program. HUD concluded that it is the most inclusive definition of AIAN 
persons and ensures that no such persons are excluded. Accordingly, in 
Fiscal Years (FY) 2004 and 2005, HUD issued its IHBG funding by using 
multi-race census data for making funding allocations.
    For FY2006, Congress directed the Department to calculate funding 
allocations under the need component of the IHBG formula using multi-
race and single race Census data, and to award each tribe the higher of 
the two calculations. Title III of the FY2006 Transportation, Treasury, 
Housing and Urban Development, the Judiciary, the District of Columbia, 
and Independent Agencies Appropriations Act provided that, 
``notwithstanding the Native American Housing Assistance and Self-
Determination Act of 1996, to determine the amount of the allocation 
under title I of such Act for each Indian tribe, the Secretary shall 
apply the formula under section 302 of such Act with the need component 
based on single-race Census data and with the need component based on 
multi-race Census data, and the amount of the allocation for each 
Indian tribe shall be the greater of the two resulting allocation 
amounts:''.
    The IHBG Formula Negotiated Rulemaking Committee (Committee) 
discussed the use of multi-race data during its 2003-2005 negotiations. 
HUD established the Committee, consisting of tribal and HUD 
representatives, to negotiate and develop proposed regulatory changes 
to the IHBG

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allocation formula regulations. The Committee was unable to reach 
consensus on changes to current regulatory language at Sec.  1000.330 
regarding the use of census data. The proposed rule negotiated by the 
Committee was published on February 25, 2005 (70 FR 9489), and is 
currently in the process of being made final. Additional information 
regarding the Committee's discussion on the use of multi-race census 
data can be found in the preamble of the proposed rule (see 70 FR 
9496).

II. This Notice

    Consistent with the language of Senate Report 109-109, this notice 
invites public comment on HUD's use of multi-race data in the 
computation of the IHBG program allocation formula. Specifically, HUD 
invites public comments on the feasibility of using either single race 
or multi-race data to determine funding for the Need component of the 
IHBG formula. As noted above, the regulations at 1000.330 do not 
address the use of multi-race or single race census data. Accordingly, 
at this time, HUD is not proposing a regulatory change. Following HUD's 
review and consideration of the comments received on this notice, HUD 
may proceed with rulemaking as necessary.

    Dated: December 1, 2006.
Orlando J. Cabrera,
Assistant Secretary for Public and Indian Housing.
[FR Doc. E6-20939 Filed 12-11-06; 8:45 am]
BILLING CODE 4210-67-P