[Federal Register Volume 63, Number 72 (Wednesday, April 15, 1998)]
[Notices]
[Pages 18804-18807]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-10016]



[[Page 18803]]

_______________________________________________________________________

Part V





Department of Housing and Urban Development





_______________________________________________________________________



Indian Housing Block Grant Program--Notice of Additional Transition 
Requirements--Advance Funding; Notice

Federal Register / Vol. 63, No. 72 / Wednesday, April 15, 1998 / 
Notices

[[Page 18804]]



DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

[Docket No. FR-4170-N-17]
RIN 2577-AB74


Indian Housing Block Grant Program--Notice of Additional 
Transition Requirements--Advance Funding

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

ACTION: Notice of additional transition requirements--advance funding.

-----------------------------------------------------------------------

SUMMARY: This notice provides instructions to tribes, tribally 
designated housing entities (TDHEs), and Area Offices of Native 
American Programs (AONAPs) to request and process an advance of Indian 
Housing Block Grant (IHBG) funds to ensure uninterrupted delivery of 
operating expenses for housing owned by an IHA for the second quarter, 
third quarter and possibly the fourth quarter of Federal Fiscal Year 
(FFY) 1998. Eligible operating expenses are those that were previously 
subsidized, such as salaries, benefits, taxes, insurance, travel, 
training, and maintenance. Until an Indian Housing Plan (IHP) is 
approved for a tribe, advance IHBG funds may only be used for operating 
expenses of units formerly assisted under the United States Housing Act 
of 1937 and renewal of tenant-based rental assistance where required, 
and may not be used for any other housing activities.
DATES: These additional transition requirements are effective April 15, 
1998.
FOR FURTHER INFORMATION CONTACT: Deborah Lalancette, National Office of 
Native American Programs, Department of Housing and Urban Development, 
1999 Broadway, Suite 3390, Denver, CO; telephone (303) 675-1600 (this 
is not a toll-free number). Hearing or speech-impaired individuals may 
access this number via TTY by calling the toll-free Federal Information 
Relay Service at 1-800-877-8339.
SUPPLEMENTARY INFORMATION:

I. Background

    The Native American Housing Assistance and Self-Determination Act 
of 1996 (25 U.S.C. 4101 et. seq.) (NAHASDA) was enacted on October 26, 
1996, and took effect on October 1, 1997. NAHASDA requires HUD to make 
grants on behalf of Indian tribes to carry out affordable housing 
activities.
    Section 502 of NAHASDA states that after September 30, 1997, 
financial assistance may not be provided under the United States 
Housing Act of 1937 (1937 Act), unless such assistance is provided from 
amounts made available for Fiscal Year (FY) 1997 and pursuant to a 
commitment entered into before September 30, 1997. This section also 
states that after September 30, 1997, any housing developed or operated 
pursuant to a contract between the Secretary and an Indian housing 
authority (IHA) pursuant to the USHA shall not be subject to any 
provision of such Act or any Annual Contributions Contract (ACC).
    Under NAHASDA, funds provided for affordable housing programs are 
made in the form of an Indian Housing Block Grant (IHBG), which will be 
distributed annually to tribes and/or tribally designated housing 
entities (TDHEs) based upon a formula-driven calculation. The tribe/
TDHE is required by section 203(b) of NAHASDA to use IHBG funds in an 
amount necessary to provide for the continued maintenance and operation 
of the 1937 Act units. IHBG funds cannot be distributed until a tribe 
or its TDHE submits an IHP and HUD determines that the IHP is in 
compliance with NAHASDA requirements.
    A final rule to implement NAHASDA was published on March 12, 1998, 
(63 FR 12334), with an effective date of April 13, 1998. Because 
NAHASDA cannot be fully implemented at this time, the distribution of 
IHBG funds is delayed, with a resulting adverse effect on recipients. 
There is immediate concern for any IHA that had a Fiscal Year End (FYE) 
of December 31, 1997, March 31, 1998, or June 30, 1998, and that does 
not have sufficient operating reserves to continue to pay 
administrative expenses for the continuation of housing services. 
Accordingly, pursuant to section 101(b)(2) of NAHASDA, HUD is waiving 
the IHP requirement in order to advance funds for the sole purpose of 
funding operating expenses and renewal of tenant-based rental 
assistance for those IHAs.

II. Purpose of this Notice

    This notice provides instructions to tribes/TDHEs and Area Offices 
of Native American Programs (AONAPs) to request and process an advance 
of IHBG funds to ensure uninterrupted delivery of operating expenses 
for housing owned by an IHA for the second quarter, third quarter and 
possibly the fourth quarter of Federal Fiscal Year (FFY) 1998. Eligible 
operating expenses are those that were previously subsidized, such as 
salaries, benefits, taxes, insurance, travel, training, and 
maintenance. Until an IHP is approved, advance IHBG funds may only be 
used for operating expenses of units assisted under the 1937 Act and 
renewal of tenant-based rental assistance where required, and may not 
be used for any other housing activities such as modernization, 
development, etc.

III. Eligibility

    Tribes/TDHEs are eligible if their IHA has a FYE of December 31, 
1997, March 31, 1998, or June 30, 1998, and received operating subsidy 
appropriated with FFY 1997 funds under the 1937 Act. Tribes/TDHEs whose 
IHA had a 12/31 FYE may be eligible for up to three fiscal quarters; 
tribes/TDHEs whose IHA had a FYE of 3/31 may be eligible for two fiscal 
quarters; and tribes/TDHEs whose IHA had a FYE of 6/30 may be eligible 
for one fiscal quarter.

IV. Processing Steps

    (a) Determine Eligibility of Tribes/TDHEs for Subsidy.
    (1) Tribes/TDHEs are eligible for an advance of IHBG funds only if, 
for the fiscal periods from January 1 through December 31, 1997, April 
1, 1997 through March 31, 1998, or July 1, 1997 through June 30, 1998, 
their IHA received operating subsidy for Low Rent, Mutual Help and/or 
Turnkey III units determined in the current assisted stock (CAS) 
calculation; and the IHA had an FYE of December 31, 1997, March 31, 
1998 or June 30, 1998.
    (2) Where the IHA had a FYE of September 30, 1998, the tribe shall 
not be eligible for an advance of IHBG funds. These IHAs will receive 
operating subsidy under the FFY 1997 appropriation. The operating 
subsidy will be provided through September 30, 1998; therefore, it is 
not necessary to advance IHBG funds.
    (b) Tribe or TDHE Determines if Operating Reserves are sufficient.
    (1) In order to expedite the process, AONAPs shall make a telephone 
call to tribes/TDHEs whose IHAs had a FYE of 12/31, 3/31, and 6/30 
(giving priority to those with a 12/31 or 3/31 FYE date), informing 
them of their potential eligibility to receive advance IHBG funds. 
AONAPs shall maintain a log that consists of the date, time, and person 
contacted.
    (2) All assisted housing programs are eligible for interim funding, 
which include the Low Rent, Mutual Help, Turnkey III and Section 8 
programs. To determine the eligibility amount for each program:
    (i) Low Rent: Use the subsidy eligibility for the most recent 
fiscal period received by the IHA, and use the amount on Line 32 of the 
Calculation of Performance Funding System, form HUD-52723.

[[Page 18805]]

    (ii) Mutual Help: Use the HUD-approved amount for counseling and 
training for the prior fiscal period. Tribes/TDHEs shall not include 
unusual circumstances or collection losses into the request.
    (iii) Turnkey III: Use the HUD-authorized amount approved for the 
deficit requested by the IHA for the most recent fiscal period. Do not 
request funding to reimburse equity.
    (iv) Section 8 Vouchers, Certificates and Moderate Rehabilitation: 
To determine the amount of IHBG funds needed to continue providing 
tenant-based assistance for those contracts which expire after 
September 30, 1997, (when the tribe will continue to manage the 
assistance in a manner similar to the Section 8 Program), divide the 
total annual contributions approved (Form HUD-52673, Line 29) for the 
most recent fiscal period by the total number of unit months (Form HUD 
52673, Line 8) to determine the average per unit cost. Multiply the 
average per unit cost by the number of expired unit months for the 
period October 1, 1997 to September 30, 1998.
    (3) Where there are umbrella IHAs or TDHEs, the amount of operating 
subsidy eligibility shall be adjusted for the number of CAS units 
belonging to each tribe. The tribes shall then divide the adjusted 
subsidy eligibility by four to determine quarterly amounts.
    (4) Once a quarterly amount is determined by the tribe, the tribe/
TDHE shall compare the amount of the adjusted subsidy eligibility to 
its operating reserves to determine if reserves are sufficient to fund 
administrative operations for the interim period beginning January 1 
through September 30, 1998 (for 12/31), April 1 through September 30, 
1998 (for 3/31), and July 1, through September 30, 1998 (for 6/30). 
Proceeds of sale funds should be considered as part of the available 
reserves if they are not obligated for another purpose.
    (5) If there are sufficient funds in the operating reserve account, 
the AONAP shall instruct the tribe/TDHE to use operating reserves to 
fund operating expenses for the period. Choose the applicable situation 
from the three identified below:
    (i) Where there are insufficient operating reserves and the TDHE is 
the IHA and serves only one tribe, the AONAP shall comply with the 
guidance as set forth in section IV.(c) of this notice, below; or
    (ii) Where there are insufficient operating reserve funds and an 
umbrella IHA or TDHE administers housing programs for multiple tribes, 
that entity shall determine the percentage of IHBG funds each tribe 
will receive. This percentage shall be based upon the amount of CAS for 
each tribe. Once completed, the AONAP shall continue with guidance set 
forth in section IV.(c) of this notice, below; or
    (iii) Where a tribe is no longer part of an umbrella IHA and will 
be administering its own program, the tribe shall determine the amount 
of the IHBG funds to be advanced based upon the CAS amount as 
established in the estimated formula amount which was distributed by 
National ONAP. In such cases, there may be no operating reserves from 
which to draw funds if umbrella IHAs have not distributed operating 
reserves to the new recipient. Once completed, the tribe shall notify 
the AONAP of the amount of the advance and then the AONAP shall comply 
with the guidance as set forth in section IV.(c) of this notice, below.
    (c) Determine the Amount of Subsidy Needed.
    (1) Operating Subsidy.
    (i) Where the tribe or TDHE determines that reserves are 
insufficient, the amount of the deficit may be requested in writing by 
the tribe with a tribal resolution and certification that operating 
reserves are insufficient. A tribe may choose not to request an advance 
of its IHBG funds if funds will be provided from alternative resources.
    (ii) AONAPs shall compare requested amounts and limit requests to 
not more than \1/4\ of the CAS estimated formula amount (for each 
quarterly period). Formula amounts were distributed to tribes by letter 
dated October 15, 1997. AONAPs shall then notify the National ONAP of 
the total amount of funding needed for their office for tribes whose 
IHAs are adversely impacted by the 12/31/97, 3/31/98 and 6/30/98 FYEs.
    (iii) The National ONAP shall request the advance of IHBG funds 
from the Office of Budget and Finance.
    (iv) AONAPs will receive a Fund Assignment, form HUD-185, for their 
office.
    (2) Section 8. The amount of IHBG funds determined to be necessary, 
based on the calculation in IV.(b)(2)(iv) of this notice, above, will 
be the amount provided for the Section 8 program or another similar 
program operated by the tribe.
    (d) Letters-of-Intent.
    (1) After receipt of Fund Assignment, AONAPs shall send out 
Letters-of-Intent (LOI) and a copy of the Funding Approval/Agreement, 
with the ``special condition,'' Form HUD-52734, to eligible recipients. 
The AONAPs shall check box 7b. of form HUD-52734-B and use the 
following language in the attachment: ``The funds may only be used to 
pay operating expenses and renewal tenant-based assistance of the 
Indian Housing Authority.''
    (2) In the case of multiple tribes under an umbrella IHA or TDHE, 
each tribe is required to execute its own grant agreement and provide a 
tribal resolution acknowledging the action.
    (3) Each eligible tribe shall complete Items 1, 2, and 3 of the 
Funding Approval/Agreement, form HUD-52734, sign the form and return it 
to the AONAP.
    (4) AONAP staff shall complete Items 4 through 10 of the Funding 
Approval/Agreement, form HUD-52734. AONAP Administrators shall sign the 
form. A copy of the form HUD-52734 and LOI shall be sent to Field 
Accounting Divisions (FADs) to be recorded in the Project Accounting 
System (PAS) and in the Line of Credit Control System (LOCCS).
    (5) Advance IHBG funds may be drawn down through the LOCCS 
accounting system and the recipient shall comply with 24 CFR 85.21. 
This provision requires that recipients minimize the time elapsing 
between the draw down and disbursement of funds. HUD has established 
the maximum time to be generally three working days.
    (6) Once LOCCS accounts are established, AONAP staff shall verify 
grant data and ensure that edit thresholds have been established by the 
Office of Finance and Accounting (OFA). This can be verified by viewing 
the Q46, Program Area Threshold Query screen in LOCCS. The AONAP staff 
shall then perform the Budget Line Item spread to Account 1500.
    (e) Complete LOCCS forms.
    (1) AONAP staff shall ensure that LOCCS documents have been 
completed and submitted by recipients.
    (2) All tribes must complete the form HUD-27054 (even if they have 
previously had LOCCS access) because they will be adding the category 
of ``IHBG'' in the LOCCS Program Area. The following original forms 
shall then be returned to the AONAP:
    (i) Direct Deposit Form, SF 1199A. On this form, the recipient 
identifies its Tax Identification Number (TIN) and grant number.
    (ii) LOCCS VRS Access Authorization, form HUD-27054 for VRS draw 
down privileges for a given TIN and HUD program area.
    (3) Project numbers shall be established by the AONAPs and 
disseminated to recipients in the LOIs. An example follows:

Example project number: 98IH0212340

98 = two digit FY indicator
IH = Indian Housing Block Grant Program

[[Page 18806]]

02 = two digit state indicator
1234 = four digit tribal code
0 = one digit project sequence number

    (4) Upon receipt of the forms from the recipients, AONAPs shall 
review the forms SF1199A and HUD-27054 to ensure that the information 
is complete and accurate. Forms shall then be forwarded to the 
following address: Security Administrator, FBSM, Room 3143, 451 Seventh 
St, SW, Washington, D.C. 20410
    (f) Reporting Requirements. 
    (1) Recipients shall comply with the following requirements and 
standards:
    (i) OMB Circular No. A-87, ``Principles for Determining Costs 
Applicable to Grants and Contracts with State, Local and Federally 
Recognized Indian Tribal Governments;''
    (ii) OMB Circular A-133, ``Audits of States, Local Governments, and 
Non-Profit Organizations;'' and
    (iii) 24 CFR part 85, ``Uniform Administrative Requirements for 
Grants and Cooperative Agreements to State and Local Governments.''
    (2) 24 CFR part 85.41 requires recipients to provide a Federal Cash 
Transactions Report, SF 272, to the Federal agency making the grant on 
a quarterly basis. The cash report is due within 30 days after the end 
of the fiscal quarter and shall be submitted to the AONAP.
    (g) Additional Requirements.
    (1) In order to receive an advance of IHBG funds, tribes are 
required to submit a Tribal Resolution and certification that will 
identify the recipient and ensure that if a TDHE is to receive the 
money, it is authorized to do so by the tribe.
    (2) If a tribe, or the TDHE of a tribe, fails to submit an IHP 
which is in compliance with NAHASDA requirements in FY 1998, the tribe 
or TDHE, as applicable, will be required to repay all IHBG funds 
advanced. Repayment shall occur as an offset of any NAHASDA funds which 
the tribe or TDHE is eligible to receive in FY 1998 or, if no such 
funds are available, in the next FY in which such funds become 
available, or through direct repayment from the tribe or TDHE to the 
Department, or any combination thereof.
    (3) If a recipient is requesting funds for expiring Section 8 
contracts, it must certify that it will continue to operate a tenant-
based assistance program.

V. Summary of Processing Steps

    (a) AONAP notifies tribes of potential eligibility.
    (b) Tribe:
    (1) Determines need; and
    (2) Notifies AONAP of desired amount of IHBG advance.
    (c) AONAP:
    (1) Verifies amount requested (limited to \1/4\ of CAS);
    (2) Notifies National ONAP of amount requested;
    (3) Receives fund assignments; and
    (4) Sends the following document to recipient:
    (i) Letter-of-Intent (1 per tribe);
    (ii) Blank form HUD-52734 (1 per tribe);
    (iii) Blank form SF1199a (1 per TDHE); and
    (iv) Blank form HUD-27054 (1 per recipient with access to LOCCS).
    (d) Tribe:
    (1) Completes and returns forms sent by AONAP:
    (i) Executed resolution (each tribe);
    (ii) Form SF-1199a; and
    (iii) Form HUD-27054; and
    (2) Returns forms to AONAP.
    (e) AONAP:
    (1) Completes and executes agreement, form HUD-52734;
    (2) Forwards all HUD-27054s to LOCCS Administrator;
    (3) Sends copies of SF-1199a, LOI and HUD-52734 to FAD; and
    (4) Verifies funds have been correctly entered into LOCCS.
    (f) Tribe or TDHE:
    (1) Draws down funds via LOCCS/VRS; and
    (2) Submits quarterly cash reports, SF 272, to AONAP within 30 days 
after FY period covered.

VI. Sample Letter-of-Intent

(Strictly for use to reserve IHBG funds for tribes/TDHEs whose IHA had 
a FYE date of 12/31/97, 3/31/98, or 6/30/98 and who received subsidy 
for units previously covered by an ACC in FFY 97.)

Name-------------------------------------------------------------------
Title------------------------------------------------------------------
Tribe or TDHE----------------------------------------------------------
Address----------------------------------------------------------------
Dear-------------------------------------------------------------------

    Subject: Letter-of-Intent to Advance Indian Housing Block Grant 
Funds (IHBG) for Operating Expenses to an Indian Housing Authority 
(IHA) with a Fiscal Year End (FYE) date of December 31, 1997; March 
31, 1998 or June 30, 1998.

Appropriation Symbol: 86X0313
PAS Code: NHB
LOCCS Project No.:-----------------------------------------------------

TIN:-------------------------------------------------------------------

    The Native American Housing Assistance and Self-Determination 
Act of 1996 (NAHASDA) was enacted on October 26, 1996, and this Act 
and the amendments made by this Act took effect on October 1, 1997. 
NAHASDA requires HUD to make grants on behalf of Indian tribes to 
carry out affordable housing activities (to the extent amounts are 
made available to carry out this Act).
    Section 502 of the NAHASDA states that after September 30, 1997, 
financial assistance may not be provided under the United States 
Housing Act of 1937 (1937 Act), unless such assistance is provided 
from amounts made available for Fiscal Year (FY) 1997 and pursuant 
to a commitment entered into before September 30, 1997. This Section 
also states that after September 30, 1997, any housing developed or 
operated pursuant to a contract between the Secretary and an IHA 
pursuant to the 1937 Act shall not be subject to any provision of 
such Act or any Annual Contributions Contract (ACC).
    As a result, funds provided for affordable housing programs are 
made in the form of an IHBG, which will be distributed annually to 
tribes and or tribally designated housing entities (TDHE) based upon 
a formula-driven calculation. The tribe/TDHE is required by section 
203(b) of NAHASDA to use IHBG funds in an amount necessary to 
provide for the continued operation and maintenance of the 1937 Act 
units. The IHBG cannot be distributed until HUD determines that an 
Indian housing Plan (IHP) is in compliance with NAHASDA 
requirements.
    Due to delays in publishing a Final Rule, NAHASDA cannot be 
fully implemented at this time. The publishing delay will ultimately 
delay the distribution of IHBG funds and therefore have an adverse 
effect on recipients. There is immediate concern where an IHA had a 
Fiscal Year End (FYE) of December 31, 1997, March 31, 1998, or June 
30, 1998, and does not have sufficient operating reserves to 
continue to pay operating expenses for the continuation of housing 
services. Accordingly, pursuant to section 101(b)(2) of NAHASDA, HUD 
is waiving the IHP requirement in order to advance funds for the 
sole purpose of funding operating expenses and renewal of tenant-
based rental assistance for those IHAs.
    This Letter-of-Intent and the enclosed Funding Approval/ 
Agreement, Form HUD-52734, obligates $____________________ as an 
advance on your FY 1998 grant amount, which represents a 
distribution of funding for the period of time beginning January 1, 
1998 through September 30, 1998, or April 1, 1998 through September 
30, 1998, or July 1, 1998 through September 30 ,1998, as applicable. 
The amount obligated herein is based upon your FY 1997 adjusted 
subsidy eligibility, divided by four to arrive at the quarterly 
estimate. This is an advance of your FY 1998 IHBG amount. The 
remainder of the grant funds will be provided after publication of 
the Final Rule and approval of your IHP. If a tribe, or the TDHE of 
a tribe, fails to submit an IHP which is in compliance with NAHASDA 
requirements in FY 1998, the tribe or TDHE, as applicable, will be 
required to repay all IHBG funds advanced. Repayment shall occur as 
an offset of any NAHASDA funds which the tribe or TDHE is eligible 
to receive in FY 1998, or if no such funds are available, in the 
next FY in which such funds become available, or through direct 
repayment from the tribe or TDHE to the Department, or any 
combination thereof.
    Funds may be drawn down after a Line of Credit Control System 
(LOCCS) account is established by the Department. The LOCCS is a 
computerized cash management and

[[Page 18807]]

disbursement system that uses electronic wire-transfer payments and 
is accessed by telephone using a Voice Response System (VRS).
    Enclosed are several forms that must be completed and returned 
to your Area Office of Native American Programs (AONAP) in order to 
gain access to LOCCS.
    The required LOCCS forms are as follows:
    I. Direct Deposit Form, SF 1199A. On this form, the recipient 
identifies its Tax Identification Number (TIN) and grant number. 
This form must be completed even if you currently have a LOCCS 
account as this action will add the IHBG account.
    Additionally, you must attach a copy of a voided check.
    II. LOCCS VRS Access Authorization, for form HUD-27054, for VRS 
draw down privileges for a given TIN and HUD program area, with 
original signatures.
    Other items required:
    1. Funding Approval/Agreement, form HUD-52734. Complete Items 1, 
2, and 3.
    2. A Tribal Resolution which:
    a. Identifies and authorizes the TDHE to receive and administer 
the IHBG funds, if applicable;
    b. Certifies that operating reserves are insufficient;
    c. Certifies that funds will be used solely for operating 
expenses that were previously subsidized;
    d. Identifies the specific amount of the advance requested;
    e. Certifies that the tribe will be responsible to repay any 
advanced IHBG funds if the tribe or TDHE fails to submit an IHP 
which is in compliance with NAHASDA requirements; and
    f. certifies that the recipient will continue to operate a 
tenant-based rental assistance program, if applicable.
    If you have any questions regarding this program, please call 
(insert AONAP telephone number).
        Very sincerely yours,

Administrator

Enclosures:
Form SF-1199A
Form HUD-27054
Form HUD-52734
Tribal Resolution

VII. Example of Tribal Resolution and Certification

    Whereas, the ____________________ Tribe (herein known as the Tribe) 
was formerly served by ____________________ Housing Authority (herein 
known as the ____________ HA); and
    Whereas, the Tribe designated ____________________ as the Tribally 
Designated Housing Entity (herein known as TDHE) and as such, the TDHE 
is authorized to receive Indian Housing Block Grant (herein known as 
IHBG) funds to administer affordable housing programs on behalf of the 
Tribe; and
    Whereas, the ____________ HA had a Fiscal Year End (FYE) date of 
December 31, 1997, March 31, 1998 or June 30, 1998; and
    Whereas, it has been determined, and is hereby certified by the 
Tribe, that there are insufficient operating reserves available to 
continue funding operating expenses for housing units formerly covered 
under an Annual Contributions Contract (ACC) between the Department and 
the ____________________ HA; and
    Whereas, the Tribe determined to take an advance of its IHBG funds 
(as authorized by the Native American Housing Assistance and Self-
Determination Act of 1996) in order to continue to fund operating 
expenses for tenant-based rental assistance and/or for the continued 
operation and maintenance of the current assisted housing stock; and
    Whereas, once an Indian Housing Plan (IHP) is determined to be in 
compliance with NAHASDA and IHBG funds are approved in FY 1998, the 
total formula amount will be reduced by the amount of IHBG funds 
advanced; and
    Whereas, the Tribe certifies that the IHBG funds advanced will be 
used solely for operating expenses or tenant-based rental assistance 
that was previously provided; and
    Whereas, the Tribe or TDHE certifies that it will continue to 
operate a tenant-based rental assistance program, if applicable; and
    Whereas, the Tribe certifies that it will be responsible to repay 
all IHBG funds advanced if the Tribe, or the TDHE of the Tribe, fails 
to submit or get HUD approval of the IHP.
    Therefore, be it resolved that the Tribe requests an advance of 
IHBG funds in the amount of $ ________________ for the period 
beginning: (Select the applicable interim period.) ____January 1, 1998 
through September 30, 1998 ____April 1, 1998 through September 30, 1998 
____July 1, 1998 through September 30, 1998

VIII. Findings and Certifications

Paperwork Reduction Act Statement

    The information collection requirements contained in this notice 
have been approved by the Office of Management and Budget under the 
Paperwork Reduction Act of 1995 and assigned control number 2577-0218. 
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.

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 provides for 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 
was made at the time of development of the January 27, 1997 notice in 
accordance with HUD regulations at 24 CFR part 50, which implement 
section 102(2)(C) of the National Environmental Policy Act of 1969. 
That Finding of No Significant Impact remains applicable to this notice 
and is available for public inspection between 7:30 a.m. and 5:30 p.m. 
weekdays in the Office of the Rules Docket Clerk, Office of General 
Counsel, Room 10276, Department of Housing and Urban Development, 451 
Seventh Street, SW, Washington, DC 20410-0500.

    Authority: 25 U.S.C. 4116(a).

    Dated: April 8, 1998.
Deborah Vincent,
Acting Assistant Secretary for Public and Indian Housing.
[FR Doc. 98-10016 Filed 4-14-98; 8:45 am]
BILLING CODE 4210-33-P