[Federal Register Volume 77, Number 181 (Tuesday, September 18, 2012)]
[Proposed Rules]
[Pages 57544-57545]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-22986]
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DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
24 CFR Part 1000
[Docket No. FR-5650-N-02]
Native American Housing Assistance and Self-Determination
Reauthorization Act of 1996: Request for Nominations for Negotiated
Rulemaking Committee Membership
AGENCY: Office of Assistant Secretary for Public and Indian Housing,
HUD.
ACTION: Notice of negotiated rulemaking.
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SUMMARY: On July 3, 2012, HUD published a Federal Register notice
announcing its intent to initiate negotiated rulemaking for the purpose
of developing regulatory changes to the funding formula for the Indian
Housing Block Grant program authorized by the Native American Housing
Assistance and Self-Determination Act of 1996. This document explains
how persons may be nominated to serve as members on the negotiated
rulemaking committee.
DATES: Nominations for committee membership are due on or before:
November 19, 2012.
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. 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 7th 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 www.regulations.gov. HUD strongly encourages the electronic
submission of nominations. Electronic submission allows interested
persons the maximum time to prepare and submit a nomination, ensures
timely receipt by HUD, and enables HUD to immediately make nominations
available to the public. Nominations submitted electronically through
the 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. 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 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 number, 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.
The regulations governing the IHBG formula allocation are codified in
subpart D of 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 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
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negotiated rulemaking process. Based on the amount of funding
appropriated 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.
On July 3, 2012 (77 FR 39452), HUD published a document in the
Federal Register announcing its intent to initiate negotiated
rulemaking required by Section 106 of NAHASDA and program regulations
found at 24 CFR 1000.306. The July 3, 2012, Federal Register document
provides additional information on the negotiated rulemaking process.
II. This Document
This document is the next step in the process of establishing the
negotiated rulemaking committee to review the IHBG funding formula.
Specifically, the document 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.
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 have its own
representative. HUD must be satisfied, however, 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 a 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 serve on the
committee. HUD will make its 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
In accordance with section 564 of the Negotiated Rulemaking Act of
1990, prior to the establishment of the negotiated rulemaking
committee, HUD will publish a document in the Federal Register that
will announce the proposed membership of the committee, solicit
additional nominations for membership, and provide additional
information required by the Negotiated Rulemaking Act.
Dated: September 10, 2012.
Sandra B. Henriquez,
Assistant Secretary for Public and Indian Housing.
[FR Doc. 2012-22986 Filed 9-17-12; 8:45 am]
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