Federal Register / Vol. 89, No. 29 / Monday, February 12, 2024 / Rules and Regulations 9757 

1The HHH Act was enacted as both Title II of the 

Omnibus Indian Advancement Act (Pub. L. 106– 

568, 114 Stat. 2868, approved December 27, 2000) 

and Subtitle B of Title V of the American 

Homeownership and Economic Opportunity Act of 

2000 (Pub. L. 106–569, 114 Stat. 2944, approved 

December 27, 2000). 

2Section 513 of the HHH Act adds sections 801 

through 824 of NAHASDA’s Title VIII, which 

authorize this NHHBG program. 25 U.S.C. 4221 et 

seq. Although NAHASDA may be referenced 

throughout this rule, NHHBG serves Native 

Hawaiians specifically. 

3 67 FR 40773; see Native American Housing 

Assistance and Self-Determination Act of 1996 

[hereinafter NAHASDA] sections 810–811, 25 

U.S.C. 4229–30. There are also differences between 

the statutory authorities governing the IHBG and 

NHHBG programs. In 2008, the Native American 

Housing Assistance and Self-Determination 

Reauthorization Act of 2008 (Pub. L. 110–411) 

(NAHASDA Reauthorization Act), made several 

changes to, inter alia, statutory requirements 

governing HUD’s IHBG program, and implemented 

statutory changes to NAHASDA made by several 

Continued 

intermediate, or drug product 

information contained in a master file, 

including a drug master file submitted 

under § 314.420 of this chapter, for the 

product, including for a biological 

product constituent part of a 

combination product. 

(2) Former approved applications 

deemed to be licenses for biological 

products pursuant to section 7002(e)(4) 

of the Biologics Price Competition and 

Innovation Act of 2009. An application 

for a biological product that: 

(i) Is a former approved application 

under section 505 of the Federal Food, 

Drug, and Cosmetic Act that, pursuant 

to section 7002(e)(4) of the Biologics 

Price Competition and Innovation Act of 

2009, has been deemed to be a license 

for the biological product under section 

351 of the Public Health Service Act; 

and 

(ii) At the time it was so deemed, 

incorporated by reference drug 

substance, drug substance intermediate, 

and/or drug product information 

contained in a drug master file 

submitted under § 314.420 of this 

chapter, may continue to incorporate by 

reference the information contained in 

that drug master file. Amendments and 

supplements to such applications may 

also continue to incorporate by 

reference the information contained in 

that drug master file. 

(3) Non-biological product constituent 

parts of combination products regulated 

under biologics license applications 

under section 351 of the Public Health 

Service Act. A biologics license 

application under section 351 of the 

Public Health Service Act may 

incorporate by reference drug substance, 

drug substance intermediate, and/or 

drug product information contained in a 

master file, including a drug master file 

submitted under § 314.420 of this 

chapter, for any non-biological product 

constituent part of a combination 

product. 

(4) Biologics license applications 

under section 351 of the Public Health 

Service Act permitted to incorporate by 

reference information contained in a 

master file that is not drug substance, 

drug substance intermediate, or drug 

product information. Nothing in 

paragraph (g)(1) of this section limits or 

restricts a biologics license application 

under section 351 of the Public Health 

Service Act from incorporating by 

reference information contained in any 

master file, including a drug master file 

submitted under § 314.420 of this 

chapter, that is not drug substance, drug 

substance intermediate, or drug product 

information. 

(5) Investigational new drug 

applications. Nothing in paragraph 

(g)(1) of this section limits or restricts an 

investigational new drug application for 

a product that would be subject to 

licensure under section 351 of the 

Public Health Service Act from 

incorporating by reference any 

information, including drug substance, 

drug substance intermediate, and drug 

product information, contained in a 

master file, including a drug master file 

submitted under § 314.420 of this 

chapter. 

Dated: January 30, 2024. 

Robert M. Califf, 

Commissioner of Food and Drugs. 

[FR Doc. 2024–02741 Filed 2–9–24; 8:45 am] 

BILLING CODE 4164–01–P 

DEPARTMENT OF HOUSING AND 

URBAN DEVELOPMENT 

24 CFR Part 1006 

[Docket No. FR–6273–F–02] 

RIN 2577–AD13 

Implementing Rental Housing 

Assistance for the Native Hawaiian 

Housing Block Grant Program 

AGENCY: Office of the Assistant 

Secretary for Public and Indian 

Housing, HUD. 

ACTION: Final rule. 

SUMMARY: This rule amends HUD’s 

regulations covering rental housing 

assistance for the Native Hawaiian 

Housing Block Grant (NHHBG) program, 

consistent with the Native American 

Housing Assistance and SelfDetermination Act of 1996 (NAHASDA). 

The amendments clarify and improve 

consistency with NAHASDA’s statutory 

requirements and HUD’s Indian 

Housing Block Grant (IHBG) program 

regulations. This rule would also help to 

make affordable housing opportunities, 

in the form of NHHBG-assisted rental 

housing, more available to eligible 

Native Hawaiian families. 

DATES: Effective March 13, 2024. 

FOR FURTHER INFORMATION CONTACT: 

Claudine Allen, Lead Native Hawaiian 

Program Specialist, Office of Native 

American Programs, HUD Honolulu 

Field Office, 1003 Bishop Street, Suite 

2100, Honolulu, HI 96813; telephone 

number 808–457–4674 (this is not a tollfree number). HUD welcomes and is 

prepared to receive calls from 

individuals who are deaf or hard of 

hearing, as well as from individuals 

with speech and communication 

disabilities. To learn more about how to 

make an accessible telephone call, 

please visit https://www.fcc.gov/ 

consumers/guides/telecommunicationsrelay-service-trs. 

SUPPLEMENTARY INFORMATION: 

I. Background 

Statutory Authority for the Native 

Hawaiian Housing Block Grant program 

Section 513 of the Hawaiian 

Homelands Homeownership Act of 2000 

(HHH Act),1 Public Law 106–569, 

amended the Native American Housing 

Assistance and Self-Determination Act 

of 1996 (25 U.S.C. 4101 et seq.) 

(NAHASDA) by adding to it a new 

‘‘Title VIII—Housing Assistance for 

Native Hawaiians.’’ Title VIII of 

NAHASDA established the Native 

Hawaiian Housing Block Grant 

(NHHBG) program to provide block 

grant assistance for affordable housing 

for eligible Native Hawaiians, including 

rental assistance.2

The NHHBG program must primarily 

benefit low-income Native Hawaiian 

families who are eligible to reside on the 

Hawaiian Home Lands. 25 U.S.C. 

4222(a); 25 U.S.C. 4228(a)(2)(A). These 

families experience more significant 

housing challenges compared to Native 

Hawaiian households overall, including 

other Hawaii residents and Native 

Hawaiians already residing on the 

Hawaiian Home Lands. 

Interim Rule 

On June 13, 2002, HUD published an 

interim rule (‘‘interim rule’’) adding 

new regulations at 24 CFR part 1006 to 

implement the NHHBG program. 67 FR 

40773. HUD modeled the NHHBG 

regulations after the Indian Housing 

Block Grant (IHBG) regulations 

implemented at 24 CFR part 1000 

because NAHASDA authorizes and 

applies overlapping requirements to 

both programs.3


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9758 Federal Register / Vol. 89, No. 29 / Monday, February 12, 2024 / Rules and Regulations 

laws enacted between 1998 and 2005. See 77 FR 

71513. The NAHASDA Reauthorization Act did not 

amend statutory provisions governing block grant 

assistance for Native Hawaiians. See Native 

American Housing Assistance and SelfDetermination Reauthorization Act of 2008, Public 

Law 110–411, 122 Stat. 4319–35. 

4NAHASDA section 810(a), 25 U.S.C. 4229(a). 

5 Dep’t of Haw. Home Lands, Adoption of Chapter 

10–7 Hawaii Administrative Rules (2019), https:// 

dhhl.hawaii.gov/wp-content/uploads/2020/02/ 

HAR-Ch-10-7_Eff-Aug-17-2019-1.pdf. 

The interim rule established program 

requirements pertaining to 

homeownership and rental assistance 

authorized under section 810 of Title 

VIII of NAHASDA.4 The new 24 CFR 

part 1006 as implemented by the 

interim rule closely followed the statute 

with some differences for clarification. 

Need To Amend NHHBG Regulations 

HUD has not comprehensively 

reviewed or amended 24 CFR part 1006 

since the interim rulemaking. Since 

then, Congress has amended statutory 

requirements, which HUD has 

implemented for the IHBG program 

through rulemaking, but not the NHHBG 

program. 

Additionally, current NHHBG 

regulations do not adequately explain 

how NHHBG’s sole funding recipient, 

the Department of Hawaiian Home 

Lands (DHHL), may use funds for rental 

assistance. Prior to fiscal year 2020, the 

DHHL used NHHBG funds primarily for 

homeownership housing assistance. In 

2019, Hawaii changed administrative 

rules to allow the DHHL to expand 

residential lease offerings to include 

rental housing.5 HUD received feedback 

from the DHHL about the DHHL’s rental 

housing projects currently in 

development. HUD then reviewed its 

regulations and determined that 

additional regulatory details would be 

necessary to support a fully successful 

rental housing program administered by 

the DHHL. 

II. The Proposed Rule 

On January 4, 2023, HUD published a 

proposed rule in the Federal Register 

(88 FR 328) to amend the NHHBG 

program regulations at 24 CFR part 1006 

to provide necessary updates to NHHBG 

regulations and clarify how the DHHL 

may use NHHBG program funds for 

rental housing assistance, as authorized 

by Title VIII of NAHASDA. 

HUD’s broad goals in proposing these 

changes were to decrease DHHL’s 

burden in implementing rental 

assistance, improve low-income Native 

Hawaiian families’ access to rental 

assistance, and clarify HUD’s program 

requirement monitoring and 

enforcement tools. More specifically, 

the amendments to 24 CFR part 1006 

were designed to achieve three 

outcomes: ensure compliance with the 

NHHBG program’s statutory 

requirements; promote consistency 

between NHHBG and IHBG program 

regulations where the programs’ 

statutory requirements overlap; and 

clarify the NHHBG regulatory rental 

assistance framework. 

The preamble to the proposed rule at 

88 FR 328 includes a thorough 

explanation and justification of 

amendments and new sections. 

III. This Final Rule 

This final rule adopts the proposed 

rule, published at 88 FR 328 (Jan. 4, 

2023), with the following revisions, 

based on public comments. 

First, HUD is striking the proposed 

definition of ‘‘Homeless Family’’ at 

§ 1006.10 to allow DHHL to retain 

flexibility with respect to its approach 

to homeless families; and changing the 

definition of ‘‘project-based rental 

assistance’’ to add that project-based 

rental assistance may consist of rental 

assistance provided through an 

agreement for use of a DHHL property 

to account for situations where DHHL 

owns the building but contracts with an 

agency to manage the property as a 

facility where units are rented out. 

Second, HUD is revising § 1006.215(f) 

to allow NHHBG funds to be used for 

management services not just for units 

developed with NHHBG funds, but for 

all units occupied by NHHBG eligible 

families, to account for the fact that 

some units occupied by NHHBG eligible 

families are not developed with NHHBG 

funds. 

This rule also makes non-substantive 

changes to the definition of ‘‘Person 

with a disability’’ for clarity. 

The public comments section further 

explains these revisions to the proposed 

rule. 

IV. Public Comments 

The public comment period for the 

proposed rule closed on March 6, 2023. 

HUD received three distinct comments 

on the proposed rule. This section 

presents the significant issues, 

questions, and suggestions submitted by 

public commenters, and HUD’s 

responses to these issues, questions, and 

suggestions. The following sections 

summarize the comments received on 

the proposed rule and HUD’s responses. 

General Support 

Commenters supported the proposed 

rule. Some commenters stated that they 

generally support the proposed rule and 

a commenter specifically supported 

HUD’s proposed additions and revisions 

to 24 CFR part 1006 but suggested some 

changes to the proposed regulatory text. 

One commenter stated that they 

support the effort, through this 

rulemaking, to reduce the burden on the 

recipient of NHHBG funds. This 

commenter stated that the proposed rule 

would increase availability of assisted 

rental housing through tenant-based 

rental assistance and offer Native 

Hawaiians more choice to reside in 

communities of their choosing. This 

commenter also noted that HUD’s 

proposals allow qualifying families to 

enter into private tenancy agreements, 

and this would mean rental assistance 

would cover the initial deposit for 

eligible families. 

HUD Response: HUD appreciates the 

participation and feedback of the public 

during the proposed rule’s availability 

for comment. 

§ 1006.10 Definitions 

For the proposed definition of 

‘‘Homeless family’’ in § 1006.10, one 

commenter noted that ‘‘safe, sanitary 

and affordable housing’’ is not defined, 

questioned the meaning of these terms, 

and recommended that HUD consider 

referencing the definition of ‘‘homeless’’ 

in other HUD regulations, such as 24 

CFR 578.3. 

For the proposed definition of 

‘‘Project-based rental assistance’’ in 

§ 1006.10, the commenter recommended 

clarifying the definition by adding ‘‘an 

agreement for the use of a DHHL 

property’’ as an alternative to a contract 

with the owner, such that the first 

sentence of the definition would read: 

‘‘Project-based rental assistance means 

rental assistance provided through an 

agreement for use of a DHHL property 

or contract with the owner of an existing 

structure, where the owner agrees to 

lease the subsidized units to program 

participants.’’ The commenter reasoned 

that where DHHL owns the building but 

contracts with an agency to manage the 

property as a facility where units are 

rented out, an agreement may be 

required. 

HUD Response: HUD appreciates the 

comment requesting clarification of 

‘‘safe, sanitary, and affordable housing’’ 

within the proposed definition of 

‘‘Homeless family.’’ The proposed 

definition was intended to codify 

existing policy and align the NHHBG 

regulations with the regulations for the 

IHBG program, not to introduce new 

requirements that may conflict with 

current practice. Because the proposed 

rule does not have any requirements 

related to the ‘‘Homeless family’’ 

definition, HUD has determined a 

definition for ‘‘Homeless family’’ is not 

necessary, will strike the proposed 


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Federal Register / Vol. 89, No. 29 / Monday, February 12, 2024 / Rules and Regulations 9759 

definition, and declines to adopt or 

reference the definition of ‘‘homeless’’ 

that appears at 24 CFR 578.3. This will 

allow DHHL to retain flexibility with 

respect to its approach to homeless 

families, without applying a definition 

that may prove limiting or incompatible 

with the unique nature of the NHHBG 

program. HUD appreciates the comment 

about the definition of ‘‘Project-based 

rental assistance’’ (PBRA) and 

acknowledges the suggested edit as it 

supports the different scenarios that 

could arise with project based rental 

assistance in the NHHBG program. HUD 

accepts the suggested edit to the 

definition of PBRA and has updated the 

regulatory text accordingly. 

§ 1006.215 Housing Management 

Services 

One commenter supported the 

proposed addition of costs of the 

operation and maintenance of units 

developed with NHHBG funds to 

§ 1006.215 but recommended that the 

language ‘‘units developed with NHHBG 

funds’’ be replaced with ‘‘units 

occupied by NHHBG eligible families’’ 

because other funds received by DHHL 

(for example, from the state of Hawaii) 

may be used to construct units receiving 

NHHBG funds for operation and 

maintenance. The language at paragraph 

(f) would then read: ‘‘The costs of 

operation and maintenance of units 

occupied by NHHBG eligible families.’’ 

HUD Response: HUD supports 

allowing DHHL the ability to expand 

making affordable housing available to 

as many families as possible. HUD 

agrees with the commenter’s suggested 

edit and has updated the regulatory text 

accordingly. 

§ 1006.301 Eligible Families 

For the income eligibility criteria 

proposed in § 1006.301(b)(3), one 

commenter expressed concern with 

using median income for eligibility 

criteria in the state of Hawaii because 

wealthy families’ income can distort the 

median income of the population. Due 

to these distortions, this commenter is 

concerned that permitting DHHL to use 

10 percent of its planned Housing Plan 

for families whose income is 81 to 100 

percent of the median income will 

inaccurately represent income within 

the state. 

HUD Response: Median income is the 

standard used in HUD programs to 

determine eligibility for assistance. HUD 

annually calculates median family 

income using Fair Market Rents to 

determine very low-income, lowincome, and extremely low-income 

limits for programs across HUD, 

including the Section 8 program. 

Further, the proposed language aligns 

with the IHBG program, which 

publishes yearly income limits under 

NAHASDA based on median family 

income. Using median family income 

provides consistent interpretation of 

NAHASDA income limits within HUD 

and allows DHHL to use a small portion 

of funds to serve over-income families if 

it chooses to do so. It is not practicable 

or equitable for the NHHBG program to 

deviate from other HUD programs when 

determining income limits. As such, 

HUD will keep the proposed regulatory 

language. 

§ 1006.307 Non-Low-Income Families 

A commenter said that improved 

income situations should not disqualify 

families currently receiving assistance 

from receiving further assistance. 

HUD Response: HUD appreciates the 

commenter’s response. The proposed 

language allows families whose income 

circumstances improve to continue to 

participate in the program in accordance 

with DHHL’s admission and occupancy 

policies. This is a long-standing policy 

that is being codified and is consistent 

with the IHBG program. 

§ 1006.375 Other Federal 

Requirements: Housing Counseling 

A commenter recommended changing 

HUD’s proposed § 1006.375(d) by 

removing ‘‘or provided in connection 

with,’’ so that the paragraph reads: 

‘‘Housing counseling, as defined in 

§ 5.100, that is funded with NHHBG 

funds must be carried out in accordance 

with 24 CFR 5.111.’’ The commenter 

reasoned that limiting the federal 

requirements to housing counseling 

funded with NHHBG funds gives DHHL 

greater flexibility for the significant 

funding from the State. 

HUD Response: HUD appreciates the 

commenter’s suggestion, but HUD 

declines to accept it. The housing 

counseling requirements at 24 CFR part 

5 are standard requirements applicable 

to all HUD programs unless inconsistent 

with the authorizing statute for that 

program. HUD’s position is to maintain 

consistency in providing housing 

counseling via HUD-certified housing 

counselors across HUD programs. The 

commenter’s suggested modification to 

24 CFR 1006.375 conflicts with 24 CFR 

5.111(a), which requires housing 

counseling from a HUD certified 

housing counselor when provided 

under, or in connection with, any 

program administered by HUD. 

Accordingly, any housing counseling 

provided in connection with NHHBG 

assistance must be provided by a HUDcertified housing counselor to comply 

with 24 CFR 5.111 and to maintain 

consistency with other HUD programs 

where housing counseling is involved. 

§ 1006.377 Other Federal 

Requirements: Displacement, 

Relocation, and Acquisition 

In HUD’s proposed § 1006.377(c), 

outlining relocation assistance 

requirements for displaced persons, a 

commenter asked HUD to remove the 

requirement that wherever possible, 

minority persons shall be given 

reasonable opportunities to relocate to 

dwellings ‘‘not located in an area of 

minority concentration, that are within 

their financial means’’ (leaving the 

requirement that relocation be to 

‘‘comparable and suitable decent, safe, 

and sanitary replacement dwellings’’). 

This commenter reasoned that the 

specified relocation requirements may 

be difficult to attain depending on the 

island and area where units may be 

found within a family’s means. 

HUD Response: HUD has considered 

the comment but declines to make the 

proposed change. The language the 

commenter highlights is directly from 

the Uniform Relocation Assistance and 

Real Property Acquisition Policies Act 

of 1970 (URA) regulation at 49 CFR 

24.205(c)(2)(ii)(D) and is not subject to 

changes under this rulemaking. HUD 

recognizes it may not always be feasible 

to relocate displaced individuals to 

areas not of a minority concentration. 

However, given that 49 CFR 

24.205(c)(2)(ii)(D) already provides 

flexibility for when it is not possible to 

relocate individuals to areas not of a 

minority concentration, HUD does not 

agree that additional flexibility or 

removal of the requirement when 

feasible is necessary. 

V. Findings and Certifications 

Regulatory Review—Executive Orders 

12866 and 13563 and 14094 

Under Executive Order 12866 

(Regulatory Planning and Review), a 

determination must be made whether a 

regulatory action is significant and, 

therefore, subject to review by the Office 

of Management and Budget (OMB) in 

accordance with the requirements of the 

order. Executive Order 13563 

(Improving Regulations and Regulatory 

Review) directs executive agencies to 

analyze regulations that are ‘‘outmoded, 

ineffective, insufficient, or excessively 

burdensome, and to modify, streamline, 

expand, or repeal them in accordance 

with what has been learned.’’ Executive 

Order 13563 also directs that, where 

relevant, feasible, and consistent with 

regulatory objectives, and to the extent 

permitted by law, agencies are to 

identify and consider regulatory 


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9760 Federal Register / Vol. 89, No. 29 / Monday, February 12, 2024 / Rules and Regulations 

approaches that reduce burdens and 

maintain flexibility and freedom of 

choice for the public. Executive Order 

14094 entitled ‘‘Modernizing Regulatory 

Review’’ amends section 3(f) of 

Executive Order 12866 (Regulatory 

Planning and Review), among other 

things. 

HUD’s revisions to NHHBG program 

requirements and regulations would 

clarify that NHHBG funds can be used 

for certain affordable housing activities 

including project-based rental 

assistance, permit rental assistance to be 

provided off the Hawaiian Home Lands 

when Congress authorizes such use 

through appropriations acts, and add or 

change certain requirements for lowincome and non-low-income families. 

However, there is no significant impact 

because DHHL is the sole recipient of 

NHHBG funds. This rule was not subject 

to OMB review. This rule is not a 

‘‘significant regulatory action’’ as 

defined in Section 3(f) of Executive 

Order 12866 and is not an economically 

significant regulatory action. 

Regulatory Flexibility Act 

The Regulatory Flexibility Act (RFA) 

(5 U.S.C. 601 et seq.), 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. This rule will 

amend HUD regulations to implement 

rental housing assistance for the 

NHHBG program, consistent with title 

VIII of NAHASDA. These amendments 

impose no significant economic impact 

on a substantial number of small 

entities, and there is only a singular 

recipient of funding. Therefore, the 

undersigned certifies that this final rule 

will not have a significant impact on a 

substantial number of small entities. 

Unfunded Mandates Reform Act 

Title II of the Unfunded Mandates 

Reform Act of 1995 (2 U.S.C. 1531– 

1538) (UMRA) 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 mandates on any 

state, local, or tribal governments or the 

private sector within the meaning of the 

UMRA. 

Environmental Review 

A Finding of No Significant Impact 

(FONSI) with respect to the 

environment has been made in 

accordance with HUD regulations in 24 

CFR part 50 that implement section 

102(2)(C) of the National Environmental 

Policy Act of 1969 (42 U.S.C. 

4332(2)(C)). The FONSI is available for 

public inspection between the hours of 

8 a.m. and 5 p.m. weekdays in the 

Regulations Division, Office of General 

Counsel, Room 10276, Department of 

Housing and Urban Development, 451 

Seventh Street SW, Washington, DC 

20410–0500. The FONSI is also 

available through the Federal 

eRulemaking Portal at http://

www.regulations.gov. 

Executive Order 13132, 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 the Order. This rule does 

not have federalism implications and 

would not impose substantial direct 

compliance costs on state and local 

governments nor preempt state law 

within the meaning of the Order. 

List of Subjects in 24 CFR Part 1006 

Community development block 

grants; Grant programs—housing and 

community development; Grant 

programs—Indians; Hawaiian Natives; 

Low- and moderate-income housing; 

Reporting and recordkeeping 

requirements. 

For the reasons described in the 

preamble, the Department of Housing 

and Urban Development amends 24 CFR 

part 1006, as set forth below: 

PART 1006—NATIVE HAWAIIAN 

HOUSING BLOCK GRANT PROGRAM 

■ 1. The authority citation for part 1006 

is revised to read as follows: 

Authority: 12 U.S.C. 1701x, 1701x–1; 25 

U.S.C. 4221 et seq.; 42 U.S.C. 3535(d), Pub. 

L. 115–141, Pub. L. 116–6, Pub. L. 116–94, 

Pub. L. 116–260, Pub. L. 117–103, Pub. L. 

117–328. 

■ 2. In § 1006.10, add alphabetically 

definitions for ‘‘Annual income’’, 

‘‘Income’’, ‘‘NAHASDA’’, ‘‘Person with 

a disability’’, and ‘‘Project-based rental 

assistance’’ to read as follows: 

§ 1006.10 Definitions. 

* * * * * 

Annual income has one or more of the 

following meanings, as determined by 

the Department of Hawaiian Home 

Lands: 

(1) ‘‘Annual income’’ as defined for 

HUD’s Section 8 programs in 24 CFR 

part 5, subpart F (except when 

determining the income of a homebuyer 

for an owner-occupied rehabilitation 

project, the value of the homeowner’s 

principal residence may be excluded 

from the calculation of net family 

assets); or 

(2) The definition of income as used 

by the U.S. Census Bureau. This 

definition includes: 

(i) Wages, salaries, tips, commissions, 

etc.; 

(ii) Self-employment income; 

(iii) Farm self-employment income; 

(iv) Interest, dividends, net rental 

income, or income from estates or trusts; 

(v) Social security or railroad 

retirement; 

(vi) Supplemental Security Income, 

Aid to Families with Dependent 

Children, or other public assistance or 

public welfare programs; 

(vii) Retirement, survivor, or 

disability pensions; and 

(viii) Any other sources of income 

received regularly, including Veterans’ 

(VA) payments, unemployment 

compensation, and alimony; or 

(3) Adjusted gross income as defined 

for purposes of reporting under Internal 

Revenue Service (IRS) Form 1040 series 

for individual Federal annual income 

tax purposes. 

* * * * * 

Income means the term ‘‘income’’ as 

defined in Section 4(9) of NAHASDA. 

* * * * * 

NAHASDA means the Native 

American Housing Assistance and SelfDetermination Act of 1996 (25 U.S.C. 

4101 et seq.). 

* * * * * 

Person with a disability, as further 

explained in 28 CFR 35.108, is defined 

as follows: 

(1) Definition of person with a 

disability. ‘‘Person with a disability’’ 

means a person who: 

(i) Has a physical or mental 

impairment which substantially limits 

one or more major life activities; 

(ii) Has a record of having such an 

impairment; 

(iii) Is regarded as having such an 

impairment; 

(iv) Has a disability as defined in 

section 223 of the Social Security Act; 

or 

(v) Has a developmental disability as 

defined in section 102 of the 

Developmental Disabilities Assistance 

and Bill of Rights Act. 

(2) Definition of physical or mental 

impairment. For the purposes of this 

definition, the term ‘‘physical or mental 

impairment’’ means: 

(i) Any physiological disorder or 

condition, cosmetic disfigurement, or 

anatomical loss affecting one or more 


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Federal Register / Vol. 89, No. 29 / Monday, February 12, 2024 / Rules and Regulations 9761 

body systems, such as: neurological, 

musculoskeletal, special sense organs, 

respiratory (including speech organs), 

cardiovascular, reproductive, digestive, 

genitourinary, immune, circulatory, 

hemic, lymphatic, skin, and endocrine; 

or 

(ii) Any mental or psychological 

disorder such as intellectual disability, 

organic brain syndrome, emotional or 

mental illness, and specific learning 

disability. 

(3) Nonexhaustive list of physical and 

mental impairments. For the purposes 

of this definition, the term ‘‘physical or 

mental impairment’’ includes, but is not 

limited to, contagious and 

noncontagious diseases and conditions 

such as the following: orthopedic, 

visual, speech, and hearing 

impairments, and cerebral palsy, 

epilepsy, muscular dystrophy, multiple 

sclerosis, cancer, heart disease, diabetes, 

intellectual disability, emotional illness, 

dyslexia and other specific learning 

disabilities, Attention Deficit 

Hyperactivity Disorder, Human 

Immunodeficiency Virus infection 

(whether symptomatic or 

asymptomatic), tuberculosis, drug 

addiction, and alcoholism. 

(4) Nonexhaustive list of major life 

activities. For the purposes of this 

definition, the term ‘‘major life 

activities’’ includes, but is not limited 

to: 

(i) Caring for oneself, performing 

manual tasks, seeing, hearing, eating, 

sleeping, walking, standing, sitting, 

reaching, lifting, bending, speaking, 

breathing, learning, reading, 

concentrating, thinking, writing, 

communicating, interacting with others, 

and working; and 

(ii) The operation of a major bodily 

function, such as the functions of the 

immune system, special sense organs 

and skin, normal cell growth, and 

digestive, genitourinary, bowel, bladder, 

neurological, brain, respiratory, 

circulatory, cardiovascular, endocrine, 

hemic, lymphatic, musculoskeletal, and 

reproductive systems. The operation of 

a major bodily function includes the 

operation of an individual organ within 

a body system. 

* * * * * 

Project-based rental assistance means 

rental assistance provided through an 

agreement for use of a DHHL property 

or a contract with the owner of an 

existing structure, where the owner 

agrees to lease the subsidized units to 

program participants. Program 

participants will not retain the rental 

assistance if they move from the project. 

* * * * * 

■ 3. In § 1006.101, revise the 

introductory text and paragraphs (c) and 

(d) to read as follows: 

§ 1006.101 Housing plans requirements. 

The DHHL must submit a housing 

plan each year prior to the start of its 

fiscal year. The housing plan has two 

components, a five-year plan and a oneyear plan, as follows: 

* * * * * 

(c) Updates to plan—(1) In general. 

Subject to paragraph (c)(2) of this 

section, after the housing plan has been 

submitted for a fiscal year, the DHHL 

may comply with the provisions of this 

section for any succeeding fiscal year 

with respect to information included for 

the 5-year period under paragraph (a) of 

this section by submitting only such 

information regarding such changes as 

may be necessary to update the 5-year 

period of the plan previously submitted. 

Information for the 1-year period under 

paragraph (b) of this section must be 

submitted each fiscal year. 

(2) Complete plans. The DHHL shall 

submit a complete plan that includes a 

new five-year plan under this section 

not later than 4 years after submitting an 

initial plan, and not less frequently than 

every 4 years thereafter. 

(d) Amendments to plan. The DHHL 

must submit any amendment to the oneyear housing plan for HUD review 

before undertaking any new activities 

that are not addressed in the current 

plan that was reviewed by HUD and 

found to be in compliance with section 

803 of NAHASDA and this part. The 

amendment must include a description 

of the new activity and a revised budget 

reflecting the changes. HUD will review 

the revised plan and will notify DHHL 

within 30 days whether the amendment 

complies with applicable requirements. 

■ 4. Revise § 1006.201 to read as 

follows: 

§ 1006.201 Eligible affordable housing 

activities. 

Eligible affordable housing activities 

are development, housing services, 

housing management services, crime 

prevention and safety activities, and 

model activities. Affordable housing 

activities under this part are activities 

conducted in accordance with subpart D 

of this part to develop, operate, 

maintain, or support housing for rental 

or homeownership; or provide services 

with respect to affordable housing 

through the activities described in this 

subpart. NHHBG funds may only be 

used for eligible activities that are 

consistent with the DHHL’s housing 

plan. 

■ 5. In § 1006.205, revise paragraph 

(a)(9) to read as follows: 

§ 1006.205 Development. 

(a) * * * 

(9) The development and 

rehabilitation of utilities, necessary 

infrastructure, and utility services; 

* * * * * 

§ 1006.210 [Amended] 

■ 6. In § 1006.210, remove paragraph (g) 

and redesignate paragraph (h) as 

paragraph (g). 

■ 7. In § 1006.215: 

■ a. Revise paragraph (e); 

■ b. Redesignate paragraph (f) as 

paragraph (g); and 

■ c. Add new paragraph (f). 

The revision and addition read as 

follows: 

§ 1006.215 Housing management services. 

* * * * * 

(e) Management of tenant-based rental 

assistance; 

(f) The costs of operation and 

maintenance of units occupied by 

NHHBG eligible families; and 

* * * * * 

■ 8. Add § 1006.227 to read as follows: 

§ 1006.227 Tenant-based or project-based 

rental assistance. 

NHHBG funds may be used for the 

provision of tenant-based rental 

assistance, which may include security 

deposits and first month’s rent, and 

project-based rental assistance. 

(a) Rental assistance must comply 

with the requirements of this part and 

be provided to eligible families. 

(b) Rental assistance may be provided 

to eligible families both on and off the 

Hawaiian Home Lands provided such 

use is consistent with the applicable 

appropriations acts governing the use of 

the NHHBG funds. 

§ 1006.230 [Amended] 

■ 9. In § 1006.230, in paragraph (f), 

remove the citation ‘‘§§ 1006.370 and 

1006.375’’ and add in its place the 

citation ‘‘§§ 1006.370, 1006.375, and 

1006.377’’. 

■ 10. In § 1006.235, revise the section 

heading to read as follows: 

§ 1006.235 Types of investments and 

forms of assistance. 

* * * * * 

■ 11. Revise § 1006.301 to read as 

follows: 

§ 1006.301 Eligible families. 

(a) General. Assistance for eligible 

housing activities under the Act and 

this part is limited to low-income Native 

Hawaiian families who are eligible to 

reside on the Hawaiian Home Lands, 

except as provided under paragraphs (b) 

and (c) of this section. 


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(b) Exception to low-income 

requirement—(1) Other Native 

Hawaiian families. The DHHL may 

provide assistance for homeownership 

activities, which may include assistance 

in conjunction with loan guarantee 

activities to Native Hawaiian families 

who are not low-income families, as 

approved by HUD, to address a need for 

housing for those families that cannot be 

reasonably met without that assistance. 

DHHL must determine and document 

the need for housing for each family that 

cannot reasonably be met without such 

assistance. 

(2) HUD approval. HUD approval is 

required, except as provided in 

paragraph (b)(3)(i) of this section, if the 

DHHL plans to use grant amounts 

provided under the Act for assistance in 

accordance with paragraph (b)(1) of this 

section. HUD approval shall be obtained 

by DHHL submitting proposals in its 

housing plan, by amendment of the 

housing plan, or by special request to 

HUD at any time. 

(3) Limitations. (i) DHHL may use up 

to 10 percent of the amount planned in 

its Housing Plan for its fiscal year for 

families whose income is 81 to 100 

percent of the median income without 

HUD approval. HUD approval is 

required if DHHL plans to use more 

than 10 percent of the amount planned 

for its fiscal year for such assistance or 

to provide housing for families with 

income over 100 percent of median 

income. 

(ii) Non-low-income families cannot 

receive the same benefits provided lowincome Native Hawaiian families. The 

amount of assistance non-low-income 

families may receive will be determined 

by DHHL as established in its written 

policies. 

(iii) The requirements set forth in 

paragraphs 3(i) and (ii) of this section do 

not apply to other families who are nonlow income that DHHL has determined 

to be essential under paragraph (c) of 

this section. 

(c) Other families. The DHHL may 

provide housing or NHHBG assistance 

to a family that is not low-income and 

is not a Native Hawaiian family without 

HUD approval if the DHHL documents 

that: 

(1) The presence of the family in the 

housing involved is essential to the 

well-being of Native Hawaiian families; 

and 

(2) The need for housing for the 

family cannot be reasonably met 

without the assistance. 

(d) Written policies. The DHHL must 

develop, follow, and have available for 

review by HUD written policies 

governing the eligibility, admission, and 

occupancy of families for housing 

assisted with NHHBG funds and 

governing the selection of families 

receiving other assistance under the Act 

and this part. 

■ 12. In § 1006.305, revise paragraphs 

(a) and (b) to read as follows: 

§ 1006.305 Low-income requirement and 

income targeting. 

(a) In general. Housing qualifies as 

affordable housing for purposes of the 

Act and this part, provided that the 

family occupying the unit is low-income 

at the following times: 

(1) In the case of rental housing, at the 

time of the family’s initial occupancy of 

such unit; 

(2) In the case of housing for 

homeownership, at the time of 

purchase. When DHHL enters into a 

loan contract with the family for 

NHHBG assistance to purchase or 

construct a homeownership unit, the 

time of purchase means the time that 

loan contract is executed; 

(3) In the case of owner-occupied 

housing units, at the time the family 

receives NHHBG assistance; 

(4) In the case of a lease-purchase 

agreement for existing housing or for 

housing to be constructed, at the time 

the lease-purchase agreement is signed; 

and 

(5) In the case of emergency assistance 

to prevent homelessness or foreclosure, 

at the time the family receives NHHBG 

assistance. 

(b) Affordability requirements. 

NHHBG-assisted rental and 

homeownership units must meet the 

affordability requirements for the 

remaining useful life of the property, as 

determined by HUD, or such other 

period as HUD determines in 

accordance with section 813(a)(2)(B) of 

the Act. 

* * * * * 

■ 13. Add § 1006.306 to read as follows: 

§ 1006.306 Income verification for receipt 

of NHHBG assistance. 

(a) Initial determination of eligibility. 

DHHL must verify that the family is 

income eligible based on anticipated 

annual income. The family is required 

to provide documentation to verify this 

determination. DHHL is required to 

maintain the documentation on which 

the determination of eligibility is based. 

(b) Periodic verification. DHHL may 

require a family to periodically verify its 

income in order to determine housing 

payments or continued occupancy 

consistent with DHHL’s written 

policies. When income verification is 

required, the family must provide 

documentation which verifies its 

income, and this documentation must 

be retained by DHHL. 

■ 14. Add § 1006.307 to read as follows: 

§ 1006.307 Non-low-income families. 

A family that was low-income at the 

times described in § 1006.305 but 

subsequently becomes a non-lowincome family may continue to 

participate in the program in accordance 

with DHHL’s admission and occupancy 

policies. The 10 percent limitation in 

§ 1006.301(b)(3)(i) in this part shall not 

apply to such families. Such families 

may be made subject to the additional 

requirements in § 1006.301(b)(3)(ii) of 

this part based on those policies. 

■ 15. Revise § 1006.310 to read as 

follows: 

§ 1006.310 Rent and lease-purchase 

limitations. 

(a) Rents. The DHHL must develop 

and follow written policies governing 

rents for rental housing units assisted 

with NHHBG funds, including methods 

by which rents are determined. 

(1) Maximum and minimum rent. The 

maximum monthly tenant rent payment 

for a low-income family may not exceed 

30 percent of the family’s monthly 

adjusted income. DHHL may also decide 

to compute rental or homebuyer 

payments on any lesser percentage of 

the adjusted income of the family. The 

Act does not set minimum rent or 

homebuyer payments; however, DHHL 

may do so. 

(2) Flat or income-adjusted rent. Flat 

rent means the tenant’s rent payment is 

set at a specific dollar amount or 

specific percent of market rent. Incomeadjusted rent means the tenant’s rent 

payment varies based on the tenant’s 

income (i.e., 30 percent of monthly 

adjusted income). DHHL may charge flat 

or income-adjusted rents, provided the 

rental or homebuyer payment of the 

low-income family does not exceed 30 

percent of the family’s adjusted income. 

(3) Utilities. Utilities may be 

considered a part of rent or homebuyer 

payments if DHHL decides to define 

rent or homebuyer payments to include 

utilities in its written policies on rents 

and homebuyer payments required by 

section 811(a)(1) of NAHASDA. DHHL 

may define rents and homebuyer 

payments to exclude utilities. 

(b) Lease-purchase. If DHHL assists 

low-income families to become 

homeowners of rental housing through 

a long-term lease (i.e., 10 or more years) 

with an option to purchase the housing, 

DHHL must develop and follow written 

policies governing lease-purchase 

payments (i.e., homebuyer payments) 

for rental housing units assisted with 

NHHBG funds, including methods by 

which payments are determined. The 

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Federal Register / Vol. 89, No. 29 / Monday, February 12, 2024 / Rules and Regulations 9763 

income family may not exceed 30 

percent of the family’s monthly adjusted 

income. 

(c) Exception for certain 

homeownership payments. 

Homeownership payments for families 

who are not low-income, as permitted 

under § 1006.301(b), are not subject to 

the requirement that homebuyer 

payments may not exceed 30 percent of 

the monthly adjusted income of that 

family. 

(d) Applicability. Low-income 

families who receive homeownership 

assistance other than lease-purchase 

assistance are not subject to the 

limitations in paragraphs (a) and (b) of 

this section. 

§ 1006.340 [Amended] 

■ 16. In § 1006.340, in paragraph (a), 

remove the citation ‘‘§ 1006.235’’ and 

add in its place the citation ‘‘section 

812(b) of the Act’’. 

§ 1006.350 [Amended] 

■ 17. In § 1006.350, in paragraph (a), 

remove the word ‘‘decisionmaking’’ and 

add in its place the word ‘‘decisionmaking’’. 

■ 18. Revise § 1006.375 to read as 

follows: 

§ 1006.375 Other Federal requirements. 

(a) Lead-based paint. The following 

subparts of HUD’s lead-based paint 

regulations at 24 CFR part 35, which 

implement the Lead-Based Paint 

Poisoning Prevention Act (42 U.S.C. 

4822–4846) and the Residential LeadBased Paint Hazard Reduction Act of 

1992 (42 U.S.C. 4851–4856), apply to 

the use of assistance under this part: 

(1) Subpart A (§§ 35.80 through 35.98) 

for disclosures of known lead-based 

paint hazards upon sale or lease of 

residential property; 

(2) Subpart B (§§ 35.100 through 

35.175) for general lead-based paint 

requirements and definitions; 

(3) Subpart H (§§ 35.700 through 

35.830) for project-based rental 

assistance; 

(4) Subpart J (§§ 35.900 through 

35.940) for rehabilitation; 

(5) Subpart K (§§ 35.1000 through 

35.1020) for acquisition, leasing, 

support services, or operation; 

(6) Subpart M (§§ 35.1200 through 

35.1225) for tenant-based rental 

assistance; and 

(7) Subpart R (§§ 35.1300 through 

35.1355) for methods and standards for 

lead-based paint hazard evaluation and 

Reduction activities. 

(b) Drug-free workplace. The DrugFree Workplace Act of 1988 (41 U.S.C. 

701, et seq.) and HUD’s implementing 

regulations in 2 CFR part 2429 apply to 

the use of assistance under this part. 

(c) Audits. The DHHL must comply 

with the requirements of the Single 

Audit Act and 2 CFR part 200, subpart 

F, with the audit report providing a 

schedule of expenditures for each grant. 

A copy of each audit must be submitted 

to the Federal Audit Clearinghouse. 

(d) Housing counseling. Housing 

counseling, as defined in § 5.100, that is 

funded with or provided in connection 

with NHHBG funds must be carried out 

in accordance with 24 CFR 5.111. 

(e) Section 3. Requirements under 

Section 3 of the Housing and Urban 

Development Act of 1968 and 24 CFR 

part 75 apply. 

(f) Debarment and suspension. The 

nonprocurement, debarment, and 

suspension requirements at 2 CFR part 

2424 are applicable. 

■ 19. Add § 1006.377 to subpart D to 

read as follows: 

§ 1006.377 Other Federal requirements: 

Displacement, Relocation, and Acquisition. 

The following relocation and real 

property acquisition policies are 

applicable to programs developed or 

operated under the Act and this part: 

(a) Real property acquisition 

requirements. The acquisition of real 

property for an assisted activity is 

subject to the Uniform Relocation 

Assistance and Real Property 

Acquisition Policies Act of 1970, as 

amended (42 U.S.C. 4601 et seq.) (URA) 

and the requirements of 49 CFR part 24, 

subpart B. 

(b) Minimize displacement. Consistent 

with the other goals and objectives of 

the Act and this part, the DHHL shall 

assure that it has taken all reasonable 

steps to minimize the displacement of 

persons (households, businesses, 

nonprofit organizations, and farms) as a 

result of a project assisted under the Act 

and this part. 

(c) Relocation assistance for displaced 

persons. A displaced person (defined in 

paragraph (f) of this section) must be 

provided relocation assistance at the 

levels described in, and in accordance 

with the URA and the requirements of 

49 CFR part 24. A displaced person 

must be advised of his or her rights 

under the Fair Housing Act (42 U.S.C. 

3601 et seq.). Whenever possible, 

minority persons shall be given 

reasonable opportunities to relocate to 

comparable and suitable decent, safe, 

and sanitary replacement dwellings, not 

located in an area of minority 

concentration, that are within their 

financial means. For a displaced person 

with a disability, a unit is not a 

comparable replacement dwelling under 

the URA unless it is free of any barriers 

which would preclude reasonable 

ingress, egress, or use of the dwelling by 

such a displaced person in accordance 

with the definition of ‘‘Decent, safe, and 

sanitary dwelling’’ at 49 CFR 24.2. 

Furthermore, the unit must also meet 

the requirements of section 504 of the 

Rehabilitation Act (29 U.S.C. 794) as 

implemented by HUD’s regulations at 24 

CFR part 8, subpart C. 

(d) Appeals to the DHHL. A person 

who disagrees with the DHHL’s 

determination concerning whether the 

person qualifies as a ‘‘displaced 

person,’’ or the amount of relocation 

assistance for which the person is 

eligible, may file a written appeal of that 

determination with the DHHL in 

accordance with URA requirements of 

49 CFR 24.10. 

(e) Responsibility of DHHL. (1) The 

DHHL shall certify that it will comply 

with the URA requirements of 49 CFR 

part 24, and the requirements of this 

section. The DHHL shall ensure such 

compliance notwithstanding any third 

party’s contractual obligation to the 

DHHL to comply with the provisions in 

this section. 

(2) The cost of required relocation 

assistance is an eligible project cost in 

the same manner and to the same extent 

as other project costs. However, such 

assistance may also be paid for with 

funds available to the DHHL from any 

other source. 

(3) DHHL must provide proper and 

timely distribution of notices to 

residents in accordance with the URA 

regulations. This includes the General 

Information Notice (GIN), the Notice of 

Relocation Eligibility, the Notice to 

Owner, and the 90-Day Notice. All 

notices must be sent in accordance with 

49 CFR 24.203 and 24.102. Notices of 

Relocation Eligibility are typically 

triggered by the Initiation of Negotiation 

(ION). 

(4) The DHHL shall maintain records 

in sufficient detail to demonstrate 

compliance with this section. 

(f) Definition of displaced person. (1) 

For purposes of this section, the term 

‘‘displaced person’’ means any person 

(household, business, nonprofit 

organization, or farm) that moves from 

real property, or moves his or her 

personal property from real property, 

permanently, as a direct result of 

rehabilitation, demolition, or 

acquisition for a project assisted under 

the Act. The term ‘‘displaced person’’ 

includes, but is not limited to: 

(i) A tenant-occupant of a dwelling 

unit who moves from the building/ 

complex permanently after the 

submission to HUD of a housing plan 

that is later approved; 


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9764 Federal Register / Vol. 89, No. 29 / Monday, February 12, 2024 / Rules and Regulations 

(ii) Any person, including a person 

who moves before the date the housing 

plan is submitted to HUD, that the 

DHHL determines was displaced as a 

direct result of acquisition, 

rehabilitation, or demolition for the 

assisted project; 

(iii) A tenant-occupant of a dwelling 

unit who moves from the building/ 

complex permanently after execution of 

the agreement between the DHHL and 

HUD, if the move occurs before the 

tenant is provided written notice 

offering him or her the opportunity to 

lease and occupy a suitable, decent, safe 

and sanitary dwelling in the same 

building/complex, under reasonable 

terms and conditions, upon completion 

of the project. Such reasonable terms 

and conditions include a monthly rent 

and estimated average monthly utility 

costs that do not exceed the greater of: 

(A) The tenant-occupant’s monthly 

rent and estimated average monthly 

utility costs before the agreement; or 

(B) Thirty percent of gross household 

income. 

(iv) A tenant-occupant of a dwelling 

who is required to relocate temporarily, 

but does not return to the building/ 

complex, if: 

(A) The tenant-occupant is not offered 

payment for all reasonable out-of-pocket 

expenses incurred in connection with 

the temporary relocation, including the 

cost of moving to and from the 

temporarily occupied unit, any 

increased housing costs and incidental 

expenses; 

(B) The tenant-occupant is required to 

temporarily relocate for more than one 

year; or 

(C) Other conditions of the temporary 

relocation are not reasonable. 

(v) A tenant-occupant of a dwelling 

who moves from the building/complex 

after he or she has been required to 

move to another dwelling unit in the 

same building/complex in order to carry 

out the project, if either: 

(A) The tenant-occupant is not offered 

reimbursement for all reasonable out-ofpocket expenses incurred in connection 

with the move; or 

(B) Other conditions of the move are 

not reasonable. 

(2) Notwithstanding the provisions of 

this section for the definition of 

‘‘Displaced Person,’’ a person does not 

qualify as a ‘‘displaced person’’ (and is 

not eligible for relocation assistance 

under the URA or this section), if: 

(i) The person moved into the 

property after the submission of the 

housing plan to HUD, but before signing 

a lease or commencing occupancy, was 

provided written notice of the project, 

its possible impact on the person (e.g., 

the person may be displaced, 

temporarily relocated or suffer a rent 

increase) and the fact that the person 

would not qualify as a ‘‘displaced 

person’’ or for any assistance provided 

under this section as a result of the 

project; 

(ii) The person meets the definition of 

‘‘persons not displaced’’ as defined in 

49 CFR 24.2; or 

(iii) The DHHL determines the person 

is not displaced as a direct result of 

acquisition, rehabilitation, or 

demolition for an assisted project. To 

exclude a person on this basis, HUD 

must concur in that determination in 

accordance with 49 CFR 24.2. 

(3) The DHHL may at any time ask 

HUD to determine whether a specific 

displacement is or would be covered 

under this section. 

(g) Definition of initiation of 

negotiations. For purposes of 

determining the formula for computing 

the replacement housing assistance to 

be provided to a person displaced from 

a dwelling as a direct result of 

acquisition, rehabilitation, or 

demolition of the real property, the term 

Initiation of Negotiations (ION) date 

means the execution of the written 

agreement covering the acquisition, 

rehabilitation, or demolition (See 49 

CFR 24.2). 

■ 20. In § 1006.410, revise paragraph 

(a)(2), add paragraph (a)(3), and revise 

paragraph (c)(1) to read as follows: 

§ 1006.410 Performance reports. 

(a) * * * 

(2) Submit a report in a form 

acceptable to HUD, within 90 days of 

the end of the DHHL’s fiscal year, 

describing the conclusions of the 

review. 

(3) DHHL may submit a written 

request for an extension of the deadline. 

HUD will establish a new date for 

submission if the extension is granted. 

* * * * * 

(c) * * * 

(1) Comments by Native Hawaiians. In 

preparing a report under this section, 

the DHHL shall make the report 

publicly available to Native Hawaiians 

who are eligible to reside on the 

Hawaiian Home Lands and give a 

sufficient amount of time to permit 

them to comment on that report, in such 

manner and at such time as the DHHL 

may determine, before it is submitted to 

HUD. 

* * * * * 

■ 21. In § 1006.420, add a heading to 

paragraph (c) to read as follows: 

§ 1006.420 Review of DHHL’s 

performance. 

* * * * * 

(c) Failure to maintain records. * * * 

Adrianne Todman, 

Deputy Secretary for U.S. Department of 

Housing and Urban Development. 

[FR Doc. 2024–02447 Filed 2–9–24; 8:45 am] 

BILLING CODE 4210–67–P 

DEPARTMENT OF JUSTICE 

28 CFR Part 85 

[Docket No. OLP 176] 

Civil Monetary Penalties Inflation 

Adjustments for 2024 

AGENCY: Department of Justice. 

ACTION: Final rule. 

SUMMARY: The Department of Justice is 

adjusting for inflation the civil monetary 

penalties assessed or enforced by 

components of the Department, in 

accordance with the provisions of the 

Bipartisan Budget Act of 2015, for 

penalties assessed after February 12, 

2024 with respect to violations 

occurring after November 2, 2015. 

DATES: This rule is effective February 

12, 2024. 

FOR FURTHER INFORMATION CONTACT: 

Robert Hinchman, Senior Counsel, 

Office of Legal Policy, U.S. Department 

of Justice, Room 4252 RFK Building, 

950 Pennsylvania Avenue NW, 

Washington, DC 20530, telephone (202) 

514–8059 (not a toll-free number). 

SUPPLEMENTARY INFORMATION: 

I. Statutory Process for Implementing 

Annual Inflation Adjustments 

Section 701 of the Bipartisan Budget 

Act of 2015, Public Law 114–74 (Nov. 

2, 2015) (‘‘BBA’’), 28 U.S.C. 2461 note, 

substantially revised the prior 

provisions of the Federal Civil Monetary 

Penalties Inflation Adjustment Act of 

1990, Public Law 101–410 (the 

‘‘Inflation Adjustment Act’’), and 

substituted a different statutory formula 

for calculating inflation adjustments on 

an annual basis. 

In accordance with the provisions of 

the BBA, on June 30, 2016 (81 FR 

42491), the Department of Justice 

published an interim rule (‘‘June 2016 

interim rule’’) to adjust for inflation the 

civil monetary penalties assessed or 

enforced by components of the 

Department after August 1, 2016, with 

respect to violations occurring after 

November 2, 2015, the date of 

enactment of the BBA. Readers may 

refer to the SUPPLEMENTARY INFORMATION

(also known as the preamble) of the 

Department’s June 2016 interim rule for 

additional background information 

regarding the statutory authority for 


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