[Federal Register Volume 74, Number 39 (Monday, March 2, 2009)]
[Notices]
[Pages 9100-9101]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-4274]



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DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

[Docket No. FR-5275-N-02]


Native American Housing Assistance and Self-Determination 
Reauthorization Act of 2008: Request for Nominations for Negotiated 
Rulemaking Committee Membership

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

ACTION: Notice.

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SUMMARY: On January 12, 2009, HUD published a Federal Register notice 
announcing the initiation of 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 explains how persons may 
be nominated for membership on the negotiated rulemaking committee.

DATES: Nominations for committee membership are due on or before: May 
1, 2009.

ADDRESSES: Interested persons are invited to submit nominations for 
membership on the negotiated rulemaking committee. There are two 
methods for nominations to be included in the docket for this rule. 
Additionally, all submissions must refer to the above docket number and 
title.
    1. Submission of Nominations by Mail. Nominations may be submitted 
by mail to the Regulations Division, Office of the General Counsel, 
Department of Housing and Urban Development, 451 Seventh Street, SW., 
Room 10276, Washington, DC 20410-0500.
    2. Electronic Submission of Nominations. Interested persons may 
submit nominations electronically through the Federal eRulemaking 
Portal at http://www.regulations.gov. HUD strongly encourages the 
electronic submission of nominations. Electronic submission allows the 
maximum time to prepare and submit a nomination, ensures timely receipt 
by HUD, and enables HUD to make them immediately available to the 
public. Nominations submitted electronically through the http://www.regulations.gov Web site can be viewed by interested members of the 
public. Individuals should follow the instructions provided on that 
site to submit nominations electronically.

    Note: To receive consideration, nominations must be submitted 
through one of the two methods specified above. Again, all 
submissions must refer to the docket number and title of the rule. 
No facsimile nominations. Facsimile (FAX) nominations are not 
acceptable.

    Public Inspection of Nominations. All properly submitted 
nominations and communications submitted to HUD will be available 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 submissions must be 
scheduled by calling the Regulations Division at (202) 708-3055 (this 
is not a toll-free number). Individuals with speech or hearing 
impairments may access this number via TTY by calling the Federal 
Information Relay Service at (800) 877-8339. Copies of all submissions 
are available for inspection and downloading at http://www.regulations.gov.

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: 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 number).

SUPPLEMENTARY INFORMATION: 

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 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 1996 (5 U.S.C. 561-570).
    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 a number of 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.
    On March 29, 2006 (71 FR 16004), HUD published a notice in the 
Federal Register announcing the proposed membership of a negotiated 
rulemaking committee to provide recommendations on regulatory changes 
effectuating certain statutory amendments to NAHASDA. However, the 
establishment of that negotiated rulemaking committee was never made 
final. Given the time that has passed and the more comprehensive 
changes made by the 2008 Reauthorization Act, HUD has determined it 
appropriate to form a new negotiated rulemaking committee for the 
purposes of implementing the 2008 Reauthorization Act. In addition, the 
new negotiated rulemaking committee may consider the other statutory 
amendments to NAHASDA that were to be addressed by the earlier 
committee. (Proposed membership on the earlier negotiated rulemaking 
committee announced in HUD's March 29, 2006, notice does not preclude 
the individual from membership on the new committee.)
    On January 12, 2009 (74 FR 1227), HUD published a notice in the 
Federal Register announcing the initiation of the negotiated rulemaking 
required by the 2008 Reauthorization Act. The January 12, 2009, notice 
provides additional information on the IHBG programs and the negotiated 
rulemaking process.

II. This Notice

    This notice is the next step in the process of establishing the 
negotiated rulemaking committee required by the 2008 Reauthorization 
Act. Specifically, the notice solicits nominations for membership on 
the negotiated rulemaking committee and explains how persons may be 
nominated for 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.

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    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. 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 geographically diverse cross-section of small, 
medium, and large Indian tribes.

III. Requests for Representation

    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 nomination to HUD in accordance with 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.

IV. Additional Notice

    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. After reviewing any comments on this notice and any 
requests for representation, HUD will publish a notice that will 
announce the proposed membership of the committee, solicit additional 
nominations for membership, and provide the information required by 
section 564 in the Federal Register.

    Dated: February 23, 2009.
Paula O. Blunt,
General Deputy Assistant Secretary for Public and Indian Housing.
[FR Doc. E9-4274 Filed 2-27-09; 8:45 am]
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