[Federal Register Volume 74, Number 7 (Monday, January 12, 2009)]
[Pages 1227-1228]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-269]



[Docket No. FR-5275-N-01]

Native American Housing Assistance and Self-Determination 
Reauthorization Act of 2008: Initiation of Negotiated Rulemaking

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

ACTION: Notice.


SUMMARY: This notice announces that HUD is initiating negotiated 
rulemaking for the purpose of developing regulatory changes to the 
programs authorized under the Native American Housing Assistance and 
Self-Determination Act of 1996 (NAHASDA). Changes to these programs 
were made by the Native American Housing Assistance and Self-
Determination Reauthorization Act of 2008, which also directs that HUD 
undertake negotiated rulemaking to implement the statutory revisions. 
This notice provides background information on the NAHASDA programs and 
describes the next steps in the negotiated rulemaking process.

FOR FURTHER INFORMATION CONTACT: Rodger J. Boyd, Deputy Assistant 
Secretary for Native American Programs, Office of Public and Indian 
Housing, Department of Housing and Urban Development, 451 7th Street, 
SW., Room 4126, Washington, DC 20410-5000, telephone at 202-401-7914 
(this is not a toll-free number). Persons with hearing or speech 
impediments may access this number through TTY by calling the toll-free 
Federal Information Relay Service at 800-877-8339 (this is a toll-free 


I. Background

    The Native American Housing Assistance and Self-Determination Act 
of 1996 (25 U.S.C. 4101 et seq.) (NAHASDA) changed the way that housing 
assistance is provided to Native Americans. NAHASDA eliminated several 
separate assistance programs and replaced them with a single block 
grant program, known as the Indian Housing Block Grant (IHBG) Program. 
In addition, title VI of NAHASDA

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authorizes federal guarantees for financing of certain tribal 
activities (Title VI Loan Guarantee Program). The regulations governing 
the IHBG and Title VI Loan Guarantee Programs are located in part 1000 
of HUD's regulations in title 24 of the Code of Federal Regulations. In 
accordance with section 106 of NAHASDA, HUD developed the regulations 
with active tribal participation and using the procedures of the 
Negotiated Rulemaking Act of 1990 (5 U.S.C. 561-570).
    Under the IHBG Program, HUD makes assistance available to eligible 
Indian tribes for affordable housing activities. The amount of 
assistance made available to each Indian tribe is determined using a 
formula that was developed as part of the NAHASDA negotiated rulemaking 
process. Based on the amount of funding appropriated annually for the 
IHBG Program, HUD calculates the annual grant for each Indian tribe and 
provides this information to the Indian tribes. An Indian Housing Plan 
for the Indian tribe is then submitted to HUD. If the Indian Housing 
Plan is found to be in compliance with statutory and regulatory 
requirements, the grant is made. Under the Title VI Loan Guarantee 
Program, HUD guarantees notes and other obligations issued by Indian 
tribes or their tribally designated housing entities, for the purposes 
of financing the eligible activities specified in NAHASDA.
    The Native American Housing Assistance and Self-Determination 
Reauthorization Act of 2008 (Pub. L. 110-411, approved October 14, 
2008) (2008 Reauthorization Act) reauthorizes NAHASDA through 2013 and 
makes several amendments to the statutory requirements governing the 
IHBG and Title VI Loan Guarantee Programs. The 2008 Reauthorization Act 
amends section 106 of NAHASDA to provide that HUD shall ``initiate a 
negotiated rulemaking in accordance with this section by not later than 
90 days after enactment of the'' 2008 Reauthorization Act.
    Through this notice, HUD announces the initiation of the negotiated 
rulemaking required by the 2008 Reauthorization Act. This notice also 
provides an overview of the next steps in the negotiated rulemaking 

II. Negotiated Rulemaking

    The basic concept of negotiated rulemaking is to have the agency 
that is developing a regulation bring together representatives of 
affected interests for face-to-face negotiations. The give-and-take of 
the negotiation process is expected to foster constructive, creative 
and acceptable solutions to difficult problems. The establishment of 
the negotiated rulemaking committee will offer Indian tribal 
governments the opportunity to have input into the changes to the IHBG 
Program regulations.
    Section 564 of the Negotiated Rulemaking Act of 1990 requires that 
an agency, prior to the establishment of a negotiated rulemaking 
committee, publish a notice in the Federal Register announcing its 
intent to establish the committee, provide a list of the proposed 
committee membership, provide certain other information regarding the 
formation of the committee, and solicit nominations for selection to 
the committee. HUD will be publishing the notice required by section 
564 in the Federal Register. HUD's goal is to establish a committee 
whose membership reflects a balanced representation of Indian tribes.
    When the committee is established, all meetings of the negotiated 
rulemaking committee will be announced in the Federal Register and be 
open to the public.

    Dated: December 31, 2008.
Milan Ozdinec,
Deputy Assistant Secretary for Housing Choice Program, Office of Public 
and Indian Housing.
[FR Doc. E9-269 Filed 1-9-09; 8:45 am]