18804 Federal Register / Vol. 63, No. 72 /Wednesday, April 15, 1998 / Notices

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 speechimpaired 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.
Federal Register / Vol. 63, No. 72 /Wednesday, April 15, 1998 / Notices 18805

(ii) Mutual Help: Use the HUDapproved 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 HUDauthorized 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 tenantbased 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
18806 Federal Register / Vol. 63, No. 72 /Wednesday, April 15, 1998 / Notices

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 NonProfit 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 llllllllllllllllll

Title llllllllllllllllll

Tribe or TDHE llllllllllllll

Address llllllllllllllll

Dear llllllllllllllllll

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.: lllllllllll

TIN: llllllllllllllllll

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

Tribe (herein known as the Tribe) was

formerly served by

llllllllll Housing

Authority (herein known as the

llllll HA); and

Whereas, the Tribe designated

llllllllll 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 llllll 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 llllllllll HA; and

Whereas, the Tribe determined to take

an advance of its IHBG funds (as

authorized by the Native American

Housing Assistance and SelfDetermination 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 tenantbased rental assistance that was

previously provided; and

Whereas, the Tribe or TDHE certifies

that it will continue to operate a tenantbased 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 $ llllllll for

the period beginning: (Select the

applicable interim period.) llJanuary

1, 1998 through September 30, 1998

llApril 1, 1998 through September

30, 1998 llJuly 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]

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