[Federal Register Volume 72, Number 60 (Thursday, March 29, 2007)]
[Proposed Rules]
[Pages 15002-15003]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-5738]



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Part IV





Department of Housing and Urban Development





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24 CFR Part 1000



Indian Housing Block Grant Program--Extension of Annual Performance 
Report Due Date; Proposed Rule

Federal Register / Vol. 72, No. 60 / Thursday, March 29, 2007 / 
Proposed Rules

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DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

24 CFR Part 1000

[Docket No. FR-5109-P-01]
RIN 2577-AC74


Indian Housing Block Grant Program--Extension of Annual 
Performance Report Due Date

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

ACTION: Proposed rule.

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SUMMARY: This proposed rule would extend the due date for Indian 
Housing Block Grant (IHBG) recipients to submit annual performance 
reports (APRs). Through the IHBG program, HUD provides housing 
assistance to Indian tribes and tribally designated housing entities 
(TDHEs). Currently, HUD's regulations require IHBG recipients to submit 
APRs 60 days after the end of the recipient's program year. HUD 
believes that extending this deadline by an additional 30 days will 
provide IHBG recipients with the necessary additional time to prepare 
and submit their APRs.

DATES: Comment Due Date: May 29, 2007.

ADDRESSES: Interested persons are invited to submit comments regarding 
this rule to the Regulations Division, Office of General Counsel, 
Department of Housing and Urban Development, 451 Seventh Street, SW., 
Room 10276, Washington, DC 20410-0500. Interested persons also may 
submit comments electronically through the Federal eRulemaking Portal 
at http://www.regulations.gov. HUD strongly encourages commenters to 
submit comments electronically so that HUD, in turn, can make them 
immediately available to the public. Commenters should follow the 
instructions provided on that site to submit comments electronically. 
Facsimile (FAX) comments are not acceptable. In all cases, 
communications must refer to the docket number and title. All comments 
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 public comments must be scheduled by 
calling the Regulations Division at (202) 708-3055 (this is not a toll-
free number). Copies of all comments submitted are available for 
inspection and downloading at http://www.regulations.gov.

FOR FURTHER INFORMATION CONTACT: Jennifer Bullough, Director of Grants 
Evaluation, Department of Housing and Urban Development, 451 Seventh 
Street, SW., Room 5156, Washington, DC 20410-5000; telephone (202) 402-
4274 (this is not a toll-free number). Hearing- and speech-impaired 
persons may access this number through TTY by calling the toll-free 
Federal Information Relay Service at (800) 877-8339.

SUPPLEMENTARY INFORMATION:

I. Background

    As authorized by the Native American Housing Assistance and Self-
Determination Act of 1996 (NAHASDA) (25 U.S.C. 4101 et seq.), the IHBG 
program provides housing assistance under a single block grant to 
eligible Indian tribes or their TDHEs. IHBG funds are allocated under a 
needs-based formula. The regulations governing the IHBG program are 
found 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 those regulations with active tribal participation and using 
the procedures of the Negotiated Rulemaking Act of 1990 (5 U.S.C. 561-
570).
    On an annual basis, IHBG recipients are required to prepare and 
submit an APR that provides a self-assessment of their IHBG-funded 
activities. As described in further detail in Sec.  1000.512, the APR 
includes a description of the use of grant funds, a comparison of 
accomplishments, an analysis and explanation of cost overruns or high 
unit costs, and any information regarding the recipient's performance 
in accordance with HUD's performance measures, as set forth in Sec.  
1000.524. Section 404(c) of NAHASDA requires HUD to establish due dates 
for the submission of these APRs. As established in Sec.  1000.514, the 
APRs must be submitted to HUD within 60 days of the end of the IHBG 
recipient's program year. The regulations also authorize HUD to extend 
the APR due date if the recipient submits a justified request.
    HUD's experience with the APR submission deadline has been that 
recipients do not have sufficient time to prepare APRs within 60 days 
of the end of their program year. In recent years, more than 40 percent 
of IHBG recipients have requested extensions. This rise in extension 
requests may be attributed to the increasing number of complex IHBG-
funded activities such as housing development and leveraged financing.

II. This Proposed Rule

    This proposed rule would extend the APR deadline by an additional 
30 days. Under the revised Sec.  1000.514, IHBG recipients would be 
required to submit their APRs within 90 days of the end of their 
program year. An additional, conforming change would be made in Sec.  
1000.524(d) to reflect the extended deadline. HUD believes that the 
extension will provide adequate time to IHBG recipients to obtain, 
review, and analyze accurate financial and programmatic data, and allow 
for community consideration, before submission of the completed APR to 
HUD. Further, the additional time will reduce the need for extensions 
and therefore alleviate the burden on Indian tribes, TDHEs, and HUD 
officials related to the preparation and processing of extension 
requests.

III. Tribal Consultation

     HUD's policy is to consult with Indian tribes early in the 
rulemaking process on matters that have tribal implications. 
Accordingly, HUD held nine consultation meetings, attended by more than 
500 tribal representatives, between January 2005 through May 2005. 
During these meetings, attendees expressed support for extending the 
due date for the APR to 90 days after the end of the recipient's 
program year. Further, tribes have the opportunity to comment on this 
proposed rule, and HUD welcomes such comment.

IV. Findings and Certifications

Paperwork Reduction Act

    The information collection requirements contained in this proposed 
rule have been approved by the Office of Management and Budget (OMB) 
under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520) and 
assigned OMB Control Number 2577-0218. In accordance with the Paperwork 
Reduction Act, an agency may not conduct or sponsor, and a person is 
not required to respond to, a collection of information, unless the 
collection displays a currently valid OMB control number.

Environmental Impact

    This 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, review, or provide for 
standards for construction or construction materials, manufactured 
housing, or occupancy. Accordingly, under 24 CFR 50.19(c)(1), this rule 
is

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categorically excluded from environmental review under the National 
Environmental Policy Act of 1969 (42 U.S.C. 4321).

Regulatory Flexibility Act

    The Regulatory Flexibility Act (5 U.S.C. 601 et seq.) (RFA) 
generally requires an agency to conduct a regulatory flexibility 
analysis of any rule subject to notice and comment rulemaking 
requirements, unless the agency certifies that the rule will not have a 
significant economic impact on a substantial number of small entities. 
The proposed rule would extend the period of time, by 30 days, for IHBG 
funding recipients to submit their APRs. In the past, many IHBG 
recipients have reported that they need additional time to prepare 
their APRs and, as a result, request extensions to the current 
requirement. By extending the due date, IHBG recipients will have the 
additional time they need to prepare thorough APRs without the added 
burden of requesting additional time. The regulatory change is 
procedural and does not revise or establish new binding requirements on 
owners. Accordingly, the undersigned certifies that this rule will not 
have a significant economic impact on a substantial number of small 
entities.
    Notwithstanding HUD's determination that this rule will not have a 
significant economic impact on a substantial number of small entities, 
HUD specifically invites comments regarding less burdensome 
alternatives to this rule that meet HUD's objectives as described in 
this preamble.

Unfunded Mandates Reform Act

    Title II of the Unfunded Mandates Reform Act of 1995 (UMRA) (2 
U.S.C. 1531-1538) establishes requirements for federal agencies to 
assess the effects of their regulatory actions on state, local, and 
tribal governments and the private sector. This rule does not impose 
any federal mandate on state, local, or tribal governments or the 
private sector within the meaning of UMRA.

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 that Executive Order. This rule does not have 
federalism implications and does not impose substantial direct 
compliance costs on state and local governments, nor does it preempt 
state law within the meaning of Executive Order 13132.

Catalog of Federal Domestic Assistance

    The Catalog of Federal Domestic Assistance number is 14.867.

List of Subjects in 24 CFR Part 1000

    Aged, Community development block grants, Grant programs-housing 
and community development, Grant programs-Indians, Indians, Individuals 
with disabilities, Public housing, Reporting and recordkeeping 
requirements.

    For the reasons stated in the preamble, HUD proposes to amend 24 
CFR part 1000, as follows:

PART 1000--NATIVE AMERICAN HOUSING ACTIVITIES

    1. The authority citation for part 1000 continues to read as 
follows:

    Authority: 25 U.S.C. 4101 et seq.; 42 U.S.C. 3535(d).

    2. Revise Sec.  1000.514 to read as follows:


Sec.  1000.514  When must the annual performance report be submitted?

    The annual performance report must be submitted within 90 days of 
the end of the recipient's program year. If a justified request is 
submitted by the recipient, the Area ONAP may extend the due date for 
submission of the report.
    3. Revise Sec.  1000.524(d) to read as follows:


Sec.  1000.524  What are HUD's performance measures for the review?

* * * * *
    (d) Accurate annual performance reports were submitted to HUD in 
accordance with Sec.  1000.514.
* * * * *

    Dated: February 16, 2007.
Orlando J. Cabrera,
Assistant Secretary for Public and Indian Housing.
 [FR Doc. E7-5738 Filed 3-28-07; 8:45 am]
BILLING CODE 4210-67-P