[Federal Register Volume 77, Number 27 (Thursday, February 9, 2012)]
[Rules and Regulations]
[Pages 6673-6675]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-3015]
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DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
24 CFR Part 954
[Doc. No. FR-5568-F-01]
RIN 2577-AC87
Removal of the Indian HOME Investment Partnerships Program
Regulation
AGENCY: Office of the Assistant Secretary for Public and Indian
Housing, HUD.
ACTION: Final rule.
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SUMMARY: This final rule removes HUD's outdated regulations for the
Indian HOME Investment Partnerships (Indian HOME) program. Under the
Indian HOME program, HUD awarded funds competitively to eligible
applicants to provide affordable housing. The Indian HOME program was
replaced by the Indian Housing Block Grant (IHBG) program established
under the Native American Housing Assistance and Self-Determination Act
of 1996 (NAHASDA). However, HUD retained the Indian HOME program
regulations because they continued to govern grants awarded prior to
the enactment of NAHASDA. Since September 30, 1997, HUD has not awarded
grants under the Indian HOME program and, therefore, the regulations
are no longer necessary.
DATES: Effective Date: March 12, 2012.
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, telephone number (202) 401-7914
(this is not a toll-free number). Individuals with speech or hearing
impairments may access this number through TTY by calling the toll-free
Federal Relay Service at (800) 877-8339.
SUPPLEMENTARY INFORMATION:
[[Page 6674]]
I. Background
A. The Indian HOME Investment Partnerships Program
The HOME Investment Partnerships Act (Title II of the Cranston-
Gonzales National Affordable Housing Act (Pub. L. 101-925, approved
November 28, 1990; 42 U.S.C. 12701 et seq.)) established the HOME
Investment Partnerships program (HOME program) and its subsidiary
Indian HOME program. The HOME program regulations are codified at 24
CFR part 92. The HOME program provides grants to state and local
governments to fund activities that build, buy, or rehabilitate
affordable housing or provide direct rental assistance. The HOME
program is the largest federal block grant to states and localities
designed exclusively to create affordable housing for low-income
households.
Each fiscal year, one percent of the funds appropriated for the
HOME program were allocated to the Indian HOME program. The Indian HOME
program awarded competitive grants to eligible applicants to increase
affordable housing for low-income and very low-income persons. Eligible
applicants for Indian HOME program funds included any Indian Tribe,
band, group, or nation. The Indian HOME program regulations are
codified in 24 CFR part 954. Under the Indian HOME program, grant
recipients could use funds for housing rehabilitation, acquisition of
housing, new housing construction, and tenant-based rental assistance.
Assistance was provided in the form of loans, advances, equity
investments, interest subsidies, and other forms of investment that HUD
approved.
B. The Native American Housing Assistance and Self-Determination Act
and the Indian Housing Block Grant Program
NAHASDA (25 U.S.C. 4101 et seq.) reorganized federal housing
assistance to Native Americans by eliminating several separate programs
of assistance and replacing them with the IHBG program, a single block
grant program that recognizes the right of Indian self-determination
and tribal self-governance. The Indian HOME program was one of the
programs that was terminated and replaced with the new block grant
program under NAHASDA.
The IHBG program supports a range of affordable housing activities
on Indian reservations and Indian areas. Eligible IHBG recipients
include federally recognized Indian tribes or their tribally designated
housing entity, and a limited number of state recognized tribes. IHBG
funds must be used to develop or support rental or homeownership
opportunities or provide housing services to benefit low-income Indian
families. Eligible IHBG activities include modernization or operating
assistance for housing previously developed using HUD assistance;
acquisition, new construction, or rehabilitation of additional units;
housing-related services such as housing counseling, self-sufficiency
services, energy auditing, and establishment of resident organizations;
housing management services; crime prevention and safety activities;
rental assistance; model activities; and administrative expenses.
When NAHASDA was enacted and the IHBG program was created,
previously awarded Indian HOME grants continued to be governed by the
provisions of the statutes and regulations governing the program in
effect at the time of funding. When funded activities were completed,
Indian HOME grants were closed in accordance with their program
requirements and grant agreements. As a result, HUD initially retained
the Indian HOME program regulations because they continued to govern
these previously awarded grants. As intended by NAHASDA, grants under
the IHBG program have now replaced Indian HOME program grants.
C. Executive Order 13563 on Improving Regulation and Regulatory Review
On January 18, 2011, President Obama issued Executive Order 13563,
``Improving Regulation and Regulatory Review'' (see 76 FR 3821, January
21, 2011). The Executive Order requires federal agencies to coordinate,
simplify, and harmonize regulations to reduce costs and promote
certainty for businesses and the public. Section 6 of this Executive
Order requires agencies to review existing significant regulations to
determine if they are outmoded or ineffective. In response to the
Executive Order, HUD is working to ensure that all of its regulations
are updated and remain necessary. As discussed, the regulations
pertaining to the terminated Indian HOME program are no longer
necessary.
II. This Final Rule
This final rule responds to the mandate in Executive Order 13563 by
removing regulations for a program that is now obsolete. Part 954 of
title 24 of the Code of Federal Regulations governs the Indian HOME
program. At this time, the Indian HOME program no longer awards grants.
This final rule removes all regulations pertaining to the Indian HOME
program because it no longer exists. However, Indian HOME grantees are
still required to comply with any statutory and regulatory requirements
that continue to apply beyond the close-out date of an Indian HOME
grant, such as ensuring compliance with applicable affordability
requirements. Continued affordability for HOME rental housing projects
is required by 42 U.S.C. 12745(a)(1)(E), as implemented by 24 CFR
92.252(e) and 954.306(a)(5).
III. Justification for Final Rulemaking
In general, HUD publishes a rule for public comment before issuing
a rule for effect, in accordance with HUD's regulations on rulemaking
at 24 CFR part 10. Section 10.1 of part 10, however, provides for
exceptions from that general rule where HUD finds good cause to omit
advance notice and public participation. The good cause requirement is
satisfied when the public procedure is ``impracticable, unnecessary, or
contrary to the public interest.'' HUD finds that good cause exists to
publish this rule for effect without soliciting public comment on the
basis that public procedure is unnecessary. After all, the purpose of
this final rule is to remove all regulations pertaining to a program
that is obsolete. The Indian HOME program in part 954 was replaced by
the IHBG program. Public comment is unnecessary because this final rule
updates the HUD regulations to reflect that the Indian HOME program no
longer exists, and there is no exercise of agency discretion upon which
the public could comment.
IV. Findings and Certifications
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. This rule does not have federalism
implications and does not impose substantial direct compliance costs on
state and local governments or preempt state law within the meaning of
the Executive Order.
Unfunded Mandates Reform Act
Title II of the Unfunded Mandates Reform Act of 1995 (2 U.S.C.
1531-1538) (UMRA) establishes requirements for federal agencies to
assess the effects of their regulatory actions on state, local, and
tribal governments, and on
[[Page 6675]]
the private sector. This rule does not impose any federal mandates on
any state, local, or tribal governments, or on the private sector,
within the meaning of UMRA.
Environmental Impact
This final 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, revise, 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).
Accordingly, under the authority of 42 U.S.C. 35335(d) and 25
U.S.C. 4101 et seq., HUD amends 24 CFR chapter IX by removing part 954,
as follows:
PART 954--[REMOVED]
0
1. Remove part 954.
Dated: February 1, 2012.
Sandra B. Henriquez,
Assistant Secretary for Public and Indian Housing.
[FR Doc. 2012-3015 Filed 2-8-12; 8:45 am]
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