[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

[[Page 57545]]

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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