[Federal Register Volume 86, Number 145 (Monday, August 2, 2021)]
[Pages 41506-41507]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-16388]



[Docket No. FR-6281-N-01]

Notice of Final Determination for the Sharing of Formula Area 
Data as the Result of Expansion of Formula Area

AGENCY: Office of the Assistant Secretary for Public and Indian 
Housing, Housing and Urban Development (HUD).

ACTION: Notice.


SUMMARY: This notice advises the public of HUD's final determination to 
approve a Memorandum of Agreement (MOA) between the Kalispel Indian 
Community (KIC), Colville Indian Housing Authority (CIHA) and Spokane 
Indian Housing Authority (SIHA) to allocate Needs data under the Indian 
Housing Block Grant (IHBG) program. This MOA resulted from HUD's 
decision to include the balance of Pend Oreille, Spokane and Stevens 
counties in the state of Washington into the Formula Area of the KIC, 
creating overlapping Formula Areas for the KIC, CHIA and SIHA. 
Consistent with IHBG program regulations HUD is announcing its final 
determination to approve the MOA.

DATES: Effective Date: August 2, 2021.

FOR FURTHER INFORMATION CONTACT: Hilary Atkin, Director, Office of 
Grants Management, Office of Native American Programs, Department of 
Housing and Urban Development, 451 Seventh Street SW, Room 9166, 
Washington, DC 20410, telephone 202-401-7914 (this is not a toll-free 
number). Hearing or speech-impaired individuals may access this number 
via TTY by calling the toll-free Federal Information Relay Service at 

program allocation formula is authorized by section 302 of the Native 
American Housing Assistance and Self Determination Act of 1996 (25 
U.S.C. 4101 et seq.) (NAHASDA). In accordance with program regulations 
at 24 CFR part 1000, funds appropriated by Congress for the IHBG 
program are made to eligible grant recipients by formula to ensure the 
equitable and fair distribution of funds. The formula has four 
components including Need. Need is calculated using the seven factors 
listed at 24 CFR 1000.324, each based on a tribe's formula area. Should 
a tribe's formula area overlap with one or more other Indian tribes, 24 
CFR 1000.326 provides the procedure HUD will use to resolve issue.
    On October 22, 2020, HUD informed the KIC, CHIA and SIHA of its 
preliminary decision to increase the formula area of the KIC to include 
the balance of Pend Oreille, Spokane and Stevens counties in the state 
of Washington. HUD's preliminary decision was based on the Department 
of the Interior's Near Reservation Area Designation (44 FR 154, August 
8, 1979). As a result of this decision overlapping formula areas were 
created for the KIC, CHIA and SIHA.
    Whenever tribes have overlapping formula area, the Needs data for 
all the individual areas for all tribes are combined and then 
apportioned among the tribes in the overlap. Section 1000.326(b) 
provides that tribes affected may develop their own method of 
partitioning the Needs data associated with their overlapping 
geographies. Consistent with 24 CFR 1000.302, HUD is required to notify 
the affected Indian tribes by certified mail and provided the tribes 
with opportunity to comment for a period of not less than 90 days. HUD 
met this requirement with its October 22, 2020, letter to the KIC, SIHA 
and CIHA.
    By letter dated December 3, 2020, KIC transmitted a MOA dated 
November 3, 2020, and signed by KIC, CIHA, and SIHA that outlined an 
alternative method of sharing data. The MOA provides that the KIC and 
SIHA will receive double their Tribal enrollment as their proportional 
share of the Needs component and the CIHA will receive as its 
proportional share, the remaining Needs portion. The formula area to be 
shared consists of the Reservation and trust lands of the three Tribes 
plus the balance of Douglas, Ferry, Lincoln, Okanogan, Pend Oreille, 
Spokane, and Stevens counties, all in the State of Washington. Finally, 
the MOA states that the agreement covers the period FY 2021 through FY 
2025 unless it is terminated by any of the Tribes or extended by 
agreement of all Tribes. Absent any further notification from the 
Tribes, HUD will share Needs associated with the geographies listed 
above based on the method and time-period outlined in the MOA. HUD will 
resume allocating such Needs data based on

[[Page 41507]]

Total Resident Service Area Indian Population in FY 2026 unless further 
    Consistent with 24 CFR 1000.302, HUD must consider all comments on 
its preliminary determination and publish the notice of final 
determination in the Federal Register. Consequently, this notice 
provides final determination that HUD is accepting the Tribe's MOA.

Dominique Blom,
General Deputy Assistant Secretary for Public and Indian Housing.
[FR Doc. 2021-16388 Filed 7-30-21; 8:45 am]