3972 Federal Register / Vol. 62, No. 17 / Monday, January 27, 1997 / Notices

DEPARTMENT OF HOUSING AND

URBAN DEVELOPMENT

[Docket No. FR–4170–N–03]

Native American Housing Block Grant

Program—Notice of Transition

Requirements and Negotiated

Rulemaking

AGENCY: Office of the Assistant

Secretary for Public and Indian

Housing, HUD.

ACTION: Notice of transition

requirements and negotiated

rulemaking.

SUMMARY: This notice implements that

part of section 106 of the Native

American Housing Assistance and SelfDetermination Act of 1996 (NAHASDA)

(Pub. L. 104–330, approved October 26,

1996) which requires HUD to publish a

notice establishing requirements

necessary to provide for the transition

from the provision of assistance for

Indian tribes and Indian housing

authorities under the United States

Housing Act of 1937 (the 1937 Act) and

other related provisions of law to the

provision of assistance in accordance

with NAHASDA. It also provides notice

of the negotiated rulemaking process for

the development of regulations

necessary to implement the program.

DATES: IHP submission date: Indian

Housing Plans must be submitted no

later than June 1, 1997.

Comment due date: February 26,

1997.

Nomination for committee

membership date: February 26, 1997.

Effective date of NAHASDA section

701(c): October 1, 1997.

ADDRESSES: Interested persons are

invited to submit comments regarding

this notice to the Rules Docket Clerk,

Office of General Counsel, Room 10276,

Department of Housing and Urban

Development, 451 Seventh Street, SW.,

Washington, DC 20410–0500.

Communications should refer to the

above docket number and title.

Facsimile (FAX) comments are not

acceptable. A copy of each

communication submitted will be

available for public inspection and

copying between 7:30 a.m. and 5:30

p.m. weekdays at the above address.

FOR FURTHER INFORMATION CONTACT:

Dominic Nessi, Deputy Assistant

Secretary for Native American

Programs, Office of Native American

Programs, Department of Housing and

Urban Development, 1999 Broadway,

Suite 3390, Denver, CO; telephone (303)

675–1600 (voice) or 1–800–877–8339

(TTY for speech or hearing impaired

individuals). These are not toll-free

numbers. Indian tribes or tribally

designated housing entities with

specific questions relating to the

preparation of Indian Housing Plans as

required by this notice may call their

local Office of Native American

Programs for assistance in resolving

their questions. The telephone numbers

and addresses for these Offices appear

in a table published in section II. of this

notice, below.

SUPPLEMENTARY INFORMATION:

I. General Statutory and Regulatory

Background

The Native American Housing

Assistance and Self-Determination Act

of 1996 (NAHASDA) (Pub. L. 104–330,

approved October 26, 1996) reorganizes

the system of Federal housing assistance

to Native Americans by eliminating

several separate programs of assistance

and replacing them with a single block

grant program. Beginning on October 1,

1997, the first day of the 1998 fiscal year

(FY), a single block grant program will

replace assistance previously authorized

under the United States Housing Act of

1937; the Indian Housing Child

Development Program under Section

519 of the Cranston-Gonzalez National

Affordable Housing Act (12 U.S.C.

1701z–6 note); the Youthbuild Program

under subtitle D of title IV of the

Cranston-Gonzalez National Affordable

Housing Act (42 U.S.C. 12899 et seq.);

the Public Housing Youth Sports

Program under section 520 of the

Cranston-Gonzalez National Affordable

Housing Act (42 U.S.C. 11903a); the

HOME Investment Partnerships Program

under title II of the Cranston-Gonzalez

National Affordable Housing Act (42

U.S.C. 12721 et seq.); and housing

assistance for the homeless under title

IV of the Stewart B. McKinney

Homeless Assistance Act (42 U.S.C.

11361 et seq.) and the Innovative

Homeless Demonstration Program under

section 2(b) of the HUD Demonstration

Act of 1993 (42 U.S.C. 11301 note). In

addition to simplifying the process of

providing housing assistance, the

purpose of NAHASDA is to provide

Federal assistance for Indian tribes in a

manner that recognizes the right of

tribal self-governance.

Section 106 of NAHASDA sets out the

general procedure for the

implementation of the Native American

Housing Block Grant Program. The

procedure calls for the publication of a

notice in the Federal Register not later

than 90 days after enactment. The notice

must satisfy three requirements. First, it

must establish any requirements

necessary to provide for the transition

from the provision of assistance for

Indian tribes and Indian housing

authorities under the United States

Housing Act of 1937 and other related

provisions of law to the provision of

assistance in accordance with

NAHASDA. Second, the notice must

include a general notice of proposed

rulemaking (for purposes of section

564(a) of title 5, United States Code) of

the final regulations to carry out

NAHASDA. Finally, the notice is to

invite public comments regarding the

transition requirements and final

regulations to carry out the new

legislation. Except for the request for

comments, which requires no further

elaboration, these requirements are

addressed in separate sections of this

notice below.

On January 7, 8, 9, 14, 15, and 16, a

series of meetings was held with tribal

representatives and HUD staff in the

National Office of HUD’s Office of

Native American Programs to discuss

the regulatory implementation of

NAHASDA. These meetings were

preliminary to the formal negotiated

rulemaking to be initiated under this

notice following the 30-day comment

period. The January meetings provided

a valuable exchange of ideas that will

assist in focusing the efforts of the

negotiated rulemaking committee.

II. Transition Requirements

The transition requirements that are

necessary are those that relate to the

initial distribution of funding under the

new legislation and those that provide

guidance for the treatment of activities

and funding under programs repealed

by NAHASDA. Although final

regulations are required to be issued not

later than September 1, 1997, the ‘‘old’’

system of funding expires on October 1,

1997, the first day of Fiscal Year 1998,

and Indian Housing Plans (IHPs), which

are a prerequisite for any distribution of

funds under NAHASDA, must be

submitted before the block grant

funding is provided. To ensure that

there is sufficient time for tribes to

prepare their IHPs, and for HUD to

review them, the requirements for the

information that must be included in

IHPs and the timetable for their

submission are a focus of the transition

requirements in this notice. Similarly,

providing guidance for the treatment of

activities and funding under programs

repealed by NAHASDA permits tribes

and IHAs to have the greatest amount of

time available under the new law to

consider and prepare for the transition

from the ‘‘old’’ programs to the new

Indian Housing Block Grant Program.

Both the IHP transition requirements

and those that provide guidance for the

treatment of activities and funding
Federal Register / Vol. 62, No. 17 / Monday, January 27, 1997 / Notices 3973

under programs repealed by NAHASDA

are set out in a Question and Answer

format and follow below in this section

II of the notice. It is important to note

that any final regulations issued under

NAHASDA may differ in some respects

from these transition requirements, and

comment is specifically invited on these

transition requirements and how they

may be improved. Based upon

comments and concerns brought to the

attention of the Department, HUD may

also issue a supplemental notice with

additional transition guidance and

requirements.

Question 1. How is funding made

available under NAHASDA?

Answer 1. Under NAHASDA, funding

is made available for affordable housing

activities on an annual basis, and is

distributed each fiscal year according to

an allocation formula on behalf of

Indian tribes who submit an Indian

Housing Plan (IHP) that is reviewed and

approved by HUD. Unlike other

programs, NAHASDA funds are not

awarded on a competitive basis in

which applications are given scores and

are then funded in rank order so that

only the highest scoring applications are

funded. Every tribe, or entity designated

by a tribe, that submits an IHP which

complies with the necessary

requirements is awarded a block grant

which is a share of the available funds.

The size of the share is determined by

the allocation formula. The award is

called a block grant because the

recipient receives a single ‘‘block’’ of

funds that may be used for any eligible

affordable housing activities in

accordance with the tribe’s IHP.

Question 2. Who may submit an IHP

to apply for a block grant?

Answer 2. An IHP may be submitted

by an Indian tribe or, if specifically

empowered by the recognized tribal

government, by the tribally designated

housing entity for the tribe. A tribally

designated housing entity (TDHE) is an

entity other than the tribal government

which is authorized by the Indian tribe

to receive the block grant amounts and

provide assistance according to the

requirements of NAHASDA. If a tribe

does not specifically authorize an entity

to act as its tribally designated housing

entity, the tribe’s Indian housing

authority (HA) under the United States

Housing Act of 1937, if there is one on

the date of NAHASDA’s enactment, is

the tribe’s TDHE.

When an IHP is submitted on behalf

of a tribe by its TDHE, the IHP must

contain a certification by the recognized

tribal government that either (1) The

tribe has had an opportunity to review

the IHP and has authorized its

submission by the TDHE, or (2) the tribe

has delegated to the TDHE the authority

to submit an IHP without prior review

by the tribe.

An IHP submitted by a TDHE may

cover more than one Indian tribe, but

only if the IHP contains the certification

described in the paragraph above from

each tribe covered by the IHP. This

option provides additional flexibility by

permitting several tribes to agree to have

their affordable housing activities

administered by a single TDHE for

reasons of greater economy or increased

efficiency, or for any other reason.

Question 3. What information must be

included in an IHP?

Answer 3. Every IHP consists of two

parts, a 5-year plan and a 1-year plan,

each of which is discussed separately

below.

The 5-year plan must contain the

following information for the 5-year

period beginning with the fiscal year

(FY) for which the plan is submitted (for

the first IHP submission under the

transition requirements of this notice,

the five fiscal years covered are 1998,

1999, 2000, 2001 and 2002):

(a) Mission Statement—A general

statement of the mission of the Indian

tribe to serve the housing needs of the

low-income families in the jurisdiction

of the Indian tribe during the 5-year

period.

(b) Goals and Objectives—A statement

of the goals and objectives of the Indian

tribe to enable the tribe to serve the

needs identified in the Mission

Statement during the 5-year period.

(c) Activities Plan—An overview of

the housing activities, including the

NAHASDA-eligible affordable housing

activities, planned during the 5-year

period with an analysis of the manner

in which the activities will enable the

tribe to meet its mission, goals, and

objectives.

The 1-year plan must contain the

following information relating to the

upcoming fiscal year (FY 1998 for

purposes of the first IHP submission

under the transition requirements of this

notice):

(a) Goals and Objectives—A statement

of the goals and objectives to be

accomplished during FY 1998,

including the NAHASDA-eligible

affordable housing activities.

(b) Statement of Needs—A statement

of the housing needs of the low-income

Indian families residing in the

jurisdiction of the Indian tribe and the

means by which such needs will be

addressed during FY 1998, including:

(1) A description of the estimated

housing needs and the need for

assistance for the low-income Indian

families in the jurisdiction, including a

description of the manner in which the

geographical distribution of assistance is

consistent with the geographical needs

and needs for various categories of

housing assistance; and

(2) A description of the estimated

housing needs for all Indian families in

the jurisdiction.

(c) Financial Resources—An

operating budget for the recipient that

includes:

(1) An identification and a description

of the financial resources reasonably

available to the recipient to carry out the

NAHASDA-eligible affordable housing

activities described in the IHP,

including an explanation of the manner

in which amounts made available will

leverage additional resources; and

(2) The uses to which such resources

will be committed, including eligible

affordable housing activities and

administrative expenses. (Section 101(h)

of NAHASDA requires HUD, by

regulation, to authorize each recipient to

use a percentage of any grant amounts

received for any reasonable

administrative and planning expenses of

the recipient relating to carrying out

NAHASDA and activities assisted with

such amounts, which may include costs

for salaries of individuals engaged in

administering and managing affordable

housing activities assisted with grant

amounts and expenses of preparing an

IHP. This regulation will be developed

by the negotiated rulemaking committee

who will be proposing to HUD the

percentage of grant amounts to be used

for planning and administrative

expenses.

(d) Affordable Housing Resources—A

statement of the affordable housing

resources currently available and to be

made available during FY 1998,

including:

(1) A description of the significant

characteristics of the housing market in

the tribe’s jurisdiction, including the

availability of housing from other public

sources, private market housing, and the

manner in which such characteristics

influence the decision of the recipient to

use grant amounts for rental assistance,

production of new units, acquisition of

existing units, or rehabilitation of units;

(2) A description of the structure,

coordination, and means of cooperation

between the recipient and any other

governmental entities in the

development, submission, or

implementation of housing plans,

including a description of the

involvement of private, public, and

nonprofit organizations and institutions,

and the use of loan guarantees under

section 184 of the Housing and

Community Development Act of 1992,

and other housing assistance provided

by the Federal Government for Indian
3974 Federal Register / Vol. 62, No. 17 / Monday, January 27, 1997 / Notices

tribes, including loans, grants, and

mortgage insurance;

(3) A description of the manner in

which the plan will address the needs

identified in the Statement of Needs in

the 1-year plan required by paragraph

(b), above;

(4) A description of the manner in

which the recipient will protect and

maintain the viability of housing owned

and operated by the recipient that was

developed under a contract between

HUD and an Indian housing authority

pursuant to the United States Housing

Act of 1937;

(5) A description of any existing and

anticipated homeownership programs

and rental programs to be carried out

during FY 1998, and the requirements

and assistance available under such

programs;

(6) A description of any existing and

anticipated housing rehabilitation

programs necessary to ensure the longterm viability of the housing to be

carried out during FY 1998, and the

requirements and assistance available

under such programs;

(7) A description of all other existing

or anticipated housing assistance

provided by the recipient during FY

1998, including transitional housing,

homeless housing, college housing,

supportive services housing, and the

requirements and assistance available

under such programs;

(8) A description of any housing to be

demolished or disposed of, and a

timetable for such demolition or

disposition;

(9) A description of the manner in

which the recipient will coordinate with

tribal and State welfare agencies to

ensure that residents of such housing

will be provided with access to

resources to assist in obtaining

employment and achieving selfsufficiency;

(10) A description of the requirements

established by the recipient to promote

the safety of residents of such housing,

facilitate the undertaking of crime

prevention measures, allow resident

input and involvement, including the

establishment of resident organizations,

and allow for the coordination of crime

prevention activities between the

recipient and tribal and local law

enforcement officials; and

(11) A description of the entity that

will carry out the activities under the

IHP, including the organizational

capacity and key personnel of the entity.

(d) Certifications of compliance—The

IHP must include the following

certifications:

(1) A certification that the recipient

will comply with title II of the Civil

Rights Act of 1968 in carrying out

activities funded by NAHASDA, to the

extent that such title is applicable, and

other applicable Federal statutes;

(2) A certification that the recipient

will maintain adequate, meaning

sufficient to cover replacement costs,

insurance coverage for housing units

that are owned and operated or assisted

with grant amounts;

(3) A certification that policies are in

effect and are available for review by

HUD and the public governing:

(i) The eligibility, admission, and

occupancy of families for housing

assisted with grant amounts;

(ii) Rents charged, including the

methods by which rents or homebuyer

payments are determined, for housing

assisted with grant amounts;

(iii) The management and

maintenance of housing assisted with

grant amounts provided under this Act;

(4) If an IHP is submitted on behalf of

a tribe by its tribally designated housing

authority (TDHE), the IHP must contain

a certification by the recognized tribal

government that either:

(i) The tribe has had an opportunity

to review the IHP and has authorized its

submission by the TDHE, or

(ii) The tribe has delegated to the

TDHE the authority to submit an IHP

without prior review by the tribe;

(5) If an IHP that covers more than

one Indian tribe is submitted by a

TDHE, each tribe covered by the IHP

must submit as part of the IHP the

certification described in paragraph (4),

immediately above;

(6) A certification that the governing

body of the locality within which any

affordable housing to be assisted with

the grant amounts will be situated has

entered into, or has begun negotiations,

which must be completed before any

award of NAHASDA funds can be made,

to enter into, a local cooperation

agreement with the recipient for the

tribe providing that:

(i) The affordable housing assisted

with grant amounts received by the

recipient (exclusive of any portions not

assisted with amounts provided under

NAHASDA) is exempt from all real and

personal property taxes levied or

imposed by any State, tribe, city,

county, or other political subdivision;

and

(ii) The recipient makes annual

payments of user fees to compensate

such governments for the costs of

providing governmental services,

including police and fire protection,

roads, water and sewerage systems,

utilities systems and related facilities, or

payments in lieu of taxes to such taxing

authority, in an amount equal to the

greater of $150 per dwelling unit or 10

percent of the difference between the

shelter rent and the utility cost, or such

lesser amount as:

(A) Is prescribed by State, tribal, or

local law;

(B) Is agreed to by the local governing

body in the local cooperation

agreement; or

(C) The recipient and the local

governing body agree in the local

cooperation agreement that such user

fees or payments in lieu of taxes shall

not be made; or

(iii) If the affordable housing assisted

with grant amounts received by the

recipient (exclusive of any portions not

assisted with amounts provided under

NAHASDA) is not exempt from all real

and personal property taxes levied or

imposed by any State, tribe, city,

county, or other political subdivision,

that the tribe, State, city, county, or

other political subdivision in which the

affordable housing development is

located contributes, in the form of cash

or tax remission, the amount by which

the taxes paid with respect to the

development exceed the amounts

prescribed in section (6)(ii) of the 1-year

plan requirements, above.

Question 4. What are the affordable

housing activities that are eligible for

funding under NAHASDA?

Answer 4. Affordable housing

activities are activities to develop or to

support affordable housing for rental or

homeownership, or to provide housing

services with respect to affordable

housing, for the benefit of low-income

Indian families on Indian reservations

and other Indian areas. In the case of a

low-income family residing in a

dwelling unit assisted with NAHASDA

grant amounts, affordable housing is

housing for which the monthly rent or

homebuyer payment (as applicable)

does not exceed 30 percent of the

family’s monthly adjusted income.

Eligible affordable housing activities are

described below in sections (a) through

(k) of this answer:

(a) Indian Housing Assistance—The

provision of modernization or operating

assistance for housing previously

developed or operated pursuant to a

contract between HUD and an Indian

housing authority.

(b) Development—The acquisition,

new construction, reconstruction, or

moderate or substantial rehabilitation of

affordable housing, which may include

real property acquisition, site

improvement, development of utilities

and utility services, conversion,

demolition, financing, administration

and planning, and other related

activities. Affordable housing includes

permanent housing for homeless

persons who are persons with
Federal Register / Vol. 62, No. 17 / Monday, January 27, 1997 / Notices 3975

disabilities, transitional housing, and

single room occupancy housing.

(c) Housing Services—The provision

of housing-related services for

affordable housing, such as housing

counseling in connection with rental or

homeownership assistance,

establishment and support of resident

organizations and resident management

corporations, energy auditing, activities

related to the provision of selfsufficiency and other services, and other

services related to assisting owners,

tenants, contractors, and other entities,

participating or seeking to participate in

other housing activities assisted with

grant amounts.

(d) Housing Management Services—

The provision of management services

for affordable housing, including

preparation of work specifications, loan

processing, inspections, tenant

selection, management of tenant-based

rental assistance, and management of

affordable housing projects.

(e) Crime Prevention and Safety

Activities—The provision of safety,

security, and law enforcement measures

and activities appropriate to protect

residents of affordable housing from

crime.

(f) Rental Assistance—The provision

of tenant-based rental assistance.

(g) Model Activities—Housing

activities under model programs that are

designed to carry out the purposes of

NAHASDA and are specifically

approved by HUD as appropriate for

such purpose.

(h) Administrative Expenses—A

percent of grant amounts, to be

determined in the final rule, may be

used for any reasonable administrative

and planning expenses of a recipient

relating to carrying out NAHASDA and

activities assisted with such amounts,

including costs for salaries of

individuals engaged in administering

and managing affordable housing

activities assisted with grant amounts

and the expenses of preparing an IHP.

Question 5. How may grant amounts

be used to carry out eligible activities?

Answer 5. In addition to being used

to directly pay for eligible activities,

grant amounts may be used for

affordable housing activities through

equity investments, interest-bearing

loans or advances, noninterest-bearing

loans or advances, interest subsidies,

leveraging of private investments, or any

other form of assistance that HUD

determines to be consistent with the

purposes of NAHASDA. This answer is

provided from section 204 -‘‘Types of

Investments’’—of NAHASDA. Guidance

on the types of investments permissible

under section 204 of NAHASDA will be

provided in the final regulations.

Question 6. When must the IHP

required by these transition

requirements be submitted?

Answer 6. An IHP must be received by

HUD no later than June 1, 1997 in order

to be considered for FY 1998 funding.

Question 7. Where must an IHP be

submitted?

Answer 7. All IHPs must be submitted

to the local Area Office of Native

American Programs as follows:

Tribes and IHAs located ONAP Address

East of the Mississippi River (including all of Minnesota) and

Iowa.

Eastern/Woodlands Office of Native American Programs, 5P, Metcalfe Federal Building, 77 West Jackson

Boulevard, Chicago, Illinois 60604–3507, (312) 353–1282 or (800) 735–3239, TDD Numbers: 1–800–

927–9275 or 312–886–3741.

Louisiana, Missouri, Kansas, Oklahoma, and Texas except for

Isleta del Sur.

Southern Plains Office of Native American Programs, 6.IPI, 500 West Main Street, Suite 400, Oklahoma

City, Oklahoma 73012, (405) 552–0194, 552–0195.

Colorado, Montana, Nebraska,

North Dakota, South Dakota, and

Wyoming.

Northern Plains Office of Native American Programs, 8P, First Interstate Tower North, 633 17th Street,

Denver, Colorado 80202–3607, (303) 672–5462, TDD Number: 303–844–6158.

Arizona, California, New Mexico,

Nevada, and Isleta del Sur in

Texas.

Southwest Office of Native American Programs, 9EPID, Two Arizona Center, 400 North Fifth Street, Suite

1650, Phoenix, Arizona 85004–2361, (602) 379–4156, TDD Number: 602–379–4461.

or

Albuquerque Division of Native American Programs, 9EPIDI, Albuquerque Plaza, 201 3rd Street, NW,

Suite 1830, Albuquerque, New Mexico 87102–3368, (505) 766–1372, TDD Number: None.

Idaho, Oregon, and Washington ..... Northwest Office of Native American Programs, 10PI, 909 First Avenue, Suite 300, Seattle, Washington

98104–1000, (206) 220–5270, TDD Number: (206) 220–5185.

Alaska .............................................. Alaska Office of Native American Programs, 10.1Pl, 949 East 36th Avenue, Suite 401, Anchorage, Alaska

99508–4399, (907) 271–4633, TDD Number: (907) 271–4328.

Question 8. May an IHA continue to

remain subject to the 1937 Act, and

convert to a PHA?

Answer 8. No, because the purpose

and result of NAHASDA is the

exclusion of IHAs from the definition of

a PHA as of September 30, 1997. After

September 30, 1997, there may be IHAs

that want to remain subject to the 1937

Act, but the consequence of NAHASDA

section 501 is to make it impossible,

after September 30, 1997, for an IHA to

be considered a PHA. Further, section

502(b) provides that any IHA housing

developed or operated under the 1937

Act must be considered and maintained

as affordable housing for purposes of

NAHASDA, and precludes the

continued application of title I of the

1937 Act to IHAs after September 30,

1997.

Question 9. What happens to grants

already made under the homeless,

Youthbuild and Indian HOME

programs?

Answer 9. These grants continue to be

governed by the statutes authorizing the

programs as those statutes exist on

September 30, 1997 and by the grant

agreements. After completion of the

funded activities, the grants will be

closed out in accordance with their

program requirements and grant

agreements.

III. General Notice of Proposed

Rulemaking (For Purposes of Section

564(A) of Title 5, United States Code)

Section 106(b)(2)(A) provides:

‘‘Notwithstanding sections 563(a) and

565(a) of title 5, United States Code, all

regulations required under this Act shall

be issued according to a negotiated

rulemaking procedure under subchapter

III of chapter 5 of title 5, United States

Code.’’ Further, section 106(a)(2)(b)

requires the transition notice to

‘‘include a general notice of proposed

rulemaking (for purposes of section

564(a) of title 5, United States Code) of

the final regulations under subsection

(b).’’ Accordingly, this section of the

transition notice provides the
3976 Federal Register / Vol. 62, No. 17 / Monday, January 27, 1997 / Notices

information required under 5 U.S.C.

564(a) as follows:

(1) HUD is establishing a negotiated

rulemaking committee to negotiate and

develop a proposed rule as required by

NAHASDA.

(2) The subject and scope of the rule

to be considered are the development of

proposed regulations required under the

Native American Housing Assistance

and Self-Determination Act of 1996

(NAHASDA) (Pub. L. 104–330,

approved October 26, 1996), including

regulations governing the allocation

formula to be used, the information to

be provided in Indian Housing Plans

(IHPs), the parameters of eligible

activities, the frequency and content of

required reports, and any other ancillary

matters necessary to provide for the

operation of the Indian Housing Block

Grant Program established by

NAHASDA.

(3) The interests that are likely to be

significantly affected by the rule are the

members of Indian tribes, particularly

low-income Indian families on Indian

reservations and other Indian areas.

(4) The persons proposed to represent

these interests, selected to satisfy the

NAHASDA section 106(b)(2)(B)(ii)(I)

requirement that the membership of the

committee include only representatives

of the Federal Government and of

geographically diverse small, medium,

and large Indian tribes, are the

following:

Region/Member and Tribal Affiliation

South & Eastern

Jennie A. Greene, Housing

Administrator, Aquinnah Wampanoag

Tribal Housing Authority.

Bernadette Harlan, Executive Director,

Seneca Nation Housing Authority.

Betty Jones, Housing Manager,

Seminole Tribal Housing Authority.

Phillip Martin, Tribal Chief,

Mississippi Band of Choctaw Indians.

Alternate: Jay Dorris, Planner,

Mississippi Band of Choctaw Indians.

Richard Mitchell, Executive Director,

Penobscot Tribal Reservation Housing

Authority.

Susan M. Wicker, Executive Director,

Poarch Creek Indian Housing Authority.

Great Lakes

Doug DeWalt, Executive Director,

Sokaogon Chippewa Housing Authority.

Martin Jennings, Executive Director,

Leech Lake Housing Authority.

Tom Maulson, Tribal Chairman, Lac

du Flambeau Band of Lake Superior

Chippewa Indians.

Jolene Nertoli, Housing Director, Sault

Tribe Housing Authority.

Rick Smith, Director, Minnesota

Chippewa Home Loan Program

Bobby Whitefeather, Tribal Chairman,

Red Lake Band of Chippewa.

Oklahoma

Bill Anoatubby, Governor, Chickasaw

Nation.

Alternate: Ken Samples, Executive

Director, The Housing Authority of the

Chickasaw Nation.

Joe Byrd, Principal Chief, Cherokee

Nation of Oklahoma.

Alternate: Joel R. Thompson,

Executive Director, The Housing

Authority of the Cherokee Nation.

Merle Boyd, Second Chief, Sac & Fox

Nation.

Larry Nuckolls, Governor, Shawnee

Tribe of Oklahoma.

Ron Qualls, Potawattomi Nation

Housing Authority.

Duke Tsoodle, Executive Director,

Housing Authority of the Apache Tribe.

Mountain/Plains

Paul D. Iron Cloud, Executive

Director, Oglala Sioux Housing

Authority.

Debbie Isburg, Executive Director,

Lower Brule Housing Authority.

Russell Bud Mason, Sr., Chairman,

Three Affiliated Tribes.

William Joseph Moran, Councilman,

Confederated Salish & Kootenia Tribes.

Alternate: Robert Gauthier, Executive

Director, Salish & Kootenia Housing

Authority.

S. Jack Sawyer, Projects Coordinator,

Paiute Housing Authority, Paiute Indian

Tribe of Utah.

Bruce Sun Child, Council Member,

Chippewa Cree Tribe.

Nevada/California

Phil Bush, Executive Director, Modoc

Lassen Indian Housing Authority.

Virginia Kizer, Executive Director,

Washoe Housing Authority.

Juana Majel, Pauma Band of Mission

Indians, San Diego American Indian

Health Center.

Arlan Melandez, Chairman, Reno

Sparks Indian Colony.

Darlene Tooley, Executive Director,

Northern Circle Indian Housing

Authority.

Brian Wallace, Tribal Chairman,

Washoe Tribe of Nevada and California.

Southwest

Chester Carl, Executive Director,

Navajo Housing Authority.

David F. Garcia, Contracts and Grants

Coordinator, Pueblo of Acoma.

Alternate: Raymond J. Concho, Jr.,

Executive Director, Acoma Housing

Authority.

Joe Garcia, Councilman, San Juan

Pueblo.

Albert Hale, President, Navajo Nation.

Alternate: Kenneth Peterson,

Executive Staff Assistant, Navajo

Nation.

Ivan Makil, President, Salt River

Pima-Maricopa Indian Community.

Alternate: Charleen H. Greer, Staff

Attorney, Salt River Pima-Maricopa

Indian Community.

Raymond Stanley, Tribal Chairman,

San Carlos Apache Tribe.

Northwest

Henry Cagey, Tribal Chairman,

Lummi Nation.

Rod Clark, Director, Klamath Alcohol

and Drug Abuse.

Stanley G. Jones, Chairman of the

Board of Directors, Tulalip Tribes.

Norman C. Nault, Executive Director,

Yakama Nation Housing Authority.

John S. Williamson, Executive

Director, Lower Elwha Housing

Authority

Coni Wilson, Executive Director,

Quinault Housing Authority.

Alaska

Kristian Anderson, Executive

Director, Aleutian Housing Authority.

Thomas W. Harris, Executive Director,

Cook Inlet Housing Authority.

Jacqueline L. Johnson, Executive

Director, Tlingit-Haida Regional

Housing Authority.

Will Mayo, President, Tanana Chiefs

Conference.

Alternate: Joseph G. Wilson,

Executive Director, Interior Regional

Housing Authority.

Frank A. Peratovich, Jr., Executive

Director, Copper River Basin Regional

Housing Authority.

Edward K. Thomas, President, Central

Council Tlingit Haida Indian Tribes of

Alaska.

Alternate: Lee Clayton, President,

Chilkoot Indian Association.

Department of Housing and Urban

Development

Robert G. Barth, Office of Native

American Programs.

Jennifer A. Bullough, Office of Native

American Programs.

Barbara L. Burkhalter, Office of Public

and Indian Housing.

Comptroller

Ted L. Key, Office of Native American

Programs.

Bruce A. Knott, National Office of

Native American Programs.

Deborah M. Lalancette, National

Office of Native American.

Programs

Dominic A. Nessi, National Office of

Native American Programs.

Peter J. Petrunich, National Office of

Native American.
Federal Register / Vol. 62, No. 17 / Monday, January 27, 1997 / Notices 3977

Programs

Todd M. Richardson, Michigan State

Office.

Carol A. Roman, Colorado State

Office, Northern Plains Office of Native

American Programs.

(5) The proposed agenda and

schedule for completing the work of the

committee, including the target date for

publication by HUD of a proposed rule

for notice and comment, are as follows:

The members of the negotiated

rulemaking committee will determine

the agenda for the committee’s work.

The target date for the publication of

a proposed rule for notice and comment

is June 1, 1997.

(6) A description of the administrative

support for the committee to be

provided by HUD, including technical

assistance, is as follows:

In addition to providing meeting

facilities, HUD will provide a neutral

facilitator, travel funds when available,

and a recorder for the activities of the

committee.

(7) Comments are requested on the

proposed membership of this negotiated

rulemaking committee. In addition,

persons who will be significantly

affected by the proposed rule to be

reported out by the committee and who

believe their interests will not be

adequately represented by any person

proposed for membership in this notice

may, by the date specified for the

submission of comments on this notice,

apply for, or nominate another person

for, membership on the committee by

submitting:

—The name of the person nominated

and a description of the interests that

person will represent;

—Evidence that the person nominated is

authorized to represent parties related

to the interests the person would

represent;

—A written commitment that the person

nominated will actively participate in

good faith in the development of the

rule under consideration; and

—The reasons that the persons proposed

for membership in this notice do not

adequately represent the interests that

the nominated person would

represent.

IV. Effective Date of Nahasda Section

701(c)

This notice establishes an effective

date of October 1, 1997 for purposes of

NAHASDA section 701(c). This section

establishes a new requirement for the

Indian Housing Loan Guarantee

Program (also called the Section 184

Program) under section 184 of the

Housing and Community Development

Act of 1992 (12 U.S.C. 1515z–13a) that

eligible loans must be for housing on

land under the jurisdiction of an Indian

tribe for which an Indian housing plan

(IHP) has been submitted and approved

pursuant to sections 102 and 103 of

NAHASDA. Since HUD anticipates that

IHPs will not be submitted and

approved until about the beginning of

FY 1998, section 701(c) is given this

delayed implementation date to prevent

any interruption in the processing of

section 184 loan guarantees.

V. Findings and Certifications

Paperwork Reduction Act Statement

The information collection

requirements contained in this notice

have been submitted to the Office of

Management and Budget for emergency

review and approval under section

3507(j) of the Paperwork Reduction Act

of 1995 (44 U.S.C. 3501–3520). The

OMB control number, when assigned,

will be published in the Federal

Register. 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 valid

control number.

Regulatory Planning and Review

This notice has been reviewed in

accordance with Executive Order 12866,

issued by the President on September

30, 1993 (58 FR 51735, October 4, 1993).

Any changes to the rule resulting from

this review are available for public

inspection between 7:30 a.m. and 5:30

p.m. weekdays in the Office of the Rules

Docket Clerk.

Executive Order 12606, The Family

The General Counsel, as the

Designated Official under Executive

Order 12606, The Family, has

determined that the policies announced

in this Notice would not have a

significant impact on the formation,

maintenance, and general well-being of

families since they only establish

transition requirements that are only

temporary in nature.

Executive Order 12612, Federalism

The General Counsel has determined,

as the Designated Official for HUD

under section 6(a) of Executive Order

12612, Federalism, that the policies

contained in this notice will not have

substantial direct effects on states or

their political subdivisions, or the

relationship between the federal

government and the states, or on the

distribution of power and

responsibilities among the various

levels of government. The notice only

establishes temporary transition

requirements for the initial participation

by Indian tribes in a new statutory

program.

Environmental Review

A Finding of No Significant Impact

with respect to the environment has

been made in accordance with HUD

regulations at 24 CFR Part 50, which

implement section 102(2)(C) of the

National Environmental Policy Act of

1969. The Finding of No Significant

Impact is available for public inspection

between 7:30 a.m. and 5:30 p.m.

weekdays in the Office of the Rules

Docket Clerk.

Authority: Section 106 of the Native

American Housing Assistance and SelfDetermination Act of 1996 (NAHASDA) (Pub.

L. 104–330, approved October 26, 1996).

Dated: January 23, 1997.

Kevin Emanuel Marchman,

Acting Assistant Secretary for Public and

Indian Housing.

[FR Doc. 97–2055 Filed 1–23–97; 3:23 pm]

BILLING CODE 4210–33–P