[Federal Register Volume 72, Number 143 (Thursday, July 26, 2007)]
[Rules and Regulations]
[Pages 41212-41213]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-14478]



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Part V





Department of Housing and Urban Development





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24 CFR Part 1000



Indian Housing Block Grant Program--Extension of Annual Performance 
Report Due Date; Final Rule

  Federal Register / Vol. 72, No. 143 / Thursday, July 26, 2007 / Rules 
and Regulations  

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DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

24 CFR Part 1000

[Docket No. FR-5109-F-02]
RIN 2577-AC74


Indian Housing Block Grant Program--Extension of Annual 
Performance Report Due Date

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

ACTION: Final rule.

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SUMMARY: This final rule extends the due date, by an additional 30 
days, for Indian Housing Block Grant (IHBG) recipients to submit annual 
performance reports (APRs). Through the IHBG program, HUD provides 
housing assistance to Indian tribes and tribally designated housing 
entities (TDHEs). Currently, HUD's regulations require IHBG recipients 
to submit APRs 60 days after the end of the recipient's program year. 
This rule follows publication of a March 29, 2007, proposed rule and 
takes into consideration the comments received on the proposed rule. 
Because all of the comments offered support for extending this deadline 
by an additional 30 days, HUD adopts the proposed rule without change.

DATES: Effective Date: August 27, 2007.

FOR FURTHER INFORMATION CONTACT: Jennifer Bullough, Director of Grants 
Evaluation, Department of Housing and Urban Development, 451 Seventh 
Street, SW, Room 5156, Washington, DC 20410-5000; telephone number 
(202) 402-4274 (this is not a toll-free number). Hearing- and speech-
impaired persons may access this number through TTY by calling the 
toll-free Federal Information Relay Service at (800) 877-8339.

SUPPLEMENTARY INFORMATION:

I. Background--The March 29, 2007, Proposed Rule

    Through the IHBG program, HUD provides housing assistance to Indian 
tribes and TDHEs. HUD's regulations for the IHBG program are codified 
at 24 CFR part 1000. Section 1000.512 of the regulations requires that 
IHBG recipients, on an annual basis, prepare and submit an APR that 
provides a self-assessment of their IHBG-funded activities. The APR 
includes a description of the use of grant funds, a comparison of 
accomplishments, an analysis and explanation of cost overruns or high 
unit costs, and any information regarding the recipients' performance 
in accordance with HUD's performance measures, as set forth in 24 CFR 
1000.524. The current regulations at Sec.  1000.514 require IHBG 
recipients to submit APRs within 60 days of the end of their program 
year.
    On March 29, 2007, HUD published a proposed rule (72 FR 15001), to 
extend the APR deadline by 30 days. As proposed, the revised 24 CFR 
1000.514 would require IHBG recipients to submit their APRs within 90 
days of the end of their program year. HUD proposed the extension to 
provide additional time to IHBG recipients to obtain, review, and 
analyze accurate financial and programmatic data, and allow for 
community consideration, before submission of the completed APR to HUD. 
A conforming change was also proposed to Sec.  1000.524(d), to clarify 
that the timely submission of an accurate APR is an IHBG program 
performance measure.
    For a detailed discussion of the proposed regulations, please see 
the preamble to the proposed rule, at 72 FR 15001.

II. This Final Rule

    This final rule follows publication of the March 29, 2007, proposed 
rule and takes into consideration the ten public comments received on 
the proposed rule. After careful consideration of the public comments, 
which all offered support for the rule, HUD has decided to adopt the 
proposed rule's 90-day deadline, without change.
    The public comment period closed on May 29, 2007, and the 
commenters included Indian tribes and their TDHEs. All of the 
commenters supported the APR due date extension that will provide IHBG 
recipients with 30 additional days during which they can complete and 
submit the APR. Several of the commenters explained that the additional 
time will improve the accuracy of the APR, as well as ensure timeliness 
of submission. One commenter stated that because of the number and 
diversity of its housing activities, the current 60-day deadline is 
often insufficient to prepare a detailed and comprehensive APR. The 
commenters all supported the additional 30 days as adequate to meet 
their needs.

III. Tribal Consultation

    HUD's policy is to consult with Indian tribes early in the 
rulemaking process on matters that have tribal implications. 
Accordingly, prior to publication of the March 29, 2007, proposed rule, 
HUD held nine consultation meetings which were attended by more than 
500 tribal representatives. During these meetings, attendees expressed 
support for extending the due date for the APR to 90 days after the end 
of the recipient's program year. Further, tribes had the opportunity to 
submit comments on the proposed rule. As noted above in this preamble, 
all of the tribes submitting comments offered support for the proposed 
regulatory changes.

IV. Findings and Certifications

Paperwork Reduction Act

    The information collection requirements contained in this rule have 
been approved by the Office of Management and Budget (OMB) under the 
Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520) and assigned OMB 
Control Number 2577-0218. 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.

Environmental Impact

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

Regulatory Flexibility Act

    The Regulatory Flexibility Act (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. The final rule 
extends the period of time, by 30 days, for IHBG funding recipients to 
submit their APRs. In the past, many IHBG recipients have reported that 
they need additional time to prepare their APRs and, as a result, 
request extensions to the current requirement. By extending the due 
date, IHBG recipients will have the additional time they need to 
prepare thorough APRs without the added burden of requesting additional 
time. The regulatory change is procedural and does not revise or 
establish new binding requirements on owners. Accordingly,

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the undersigned certifies that this rule will not have a significant 
economic impact on a substantial number of small entities.

Unfunded Mandates Reform Act

    Title II of 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 the private sector. This rule does not impose 
any federal mandate on state, local, or tribal governments or the 
private sector within the meaning of UMRA.

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 that Executive Order. This rule does not have 
federalism implications and does not impose substantial direct 
compliance costs on state and local governments, nor does it preempt 
state law within the meaning of Executive Order 13132.

Catalog of Federal Domestic Assistance

    The Catalog of Federal Domestic Assistance number is 14.867.

List of Subjects in 24 CFR Part 1000

    Aged, Community development block grants, Grant programs--housing 
and community development, Grant programs--Indians, Indians, 
Individuals with disabilities, Public housing, Reporting and 
recordkeeping requirements.


0
For the reasons stated in the preamble, HUD amends 24 CFR part 1000, as 
follows:

PART 1000--NATIVE AMERICAN HOUSING ACTIVITIES

0
1. The authority citation for part 1000 continues to read as follows:

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


0
2. Revise Sec.  1000.514 to read as follows:


Sec.  1000.514  When must the annual performance report be submitted?

    The annual performance report must be submitted within 90 days of 
the end of the recipient's program year. If a justified request is 
submitted by the recipient, the Area ONAP may extend the due date for 
submission of the annual performance report.

0
3. Revise Sec.  1000.524(d) to read as follows:


Sec.  1000.524  What are HUD's performance measures for the review?

* * * * *
    (d) Accurate annual performance reports were submitted to HUD in 
accordance with Sec.  1000.514.
* * * * *

    Dated: July 20, 2007.
Orlando J. Cabrera,
Assistant Secretary for Public and Indian Housing.
 [FR Doc. E7-14478 Filed 7-25-07; 8:45 am]
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