9100 Federal Register / Vol. 74, No. 39 / Monday, March 2, 2009 / Notices 

DEPARTMENT OF HOUSING AND 

URBAN DEVELOPMENT 

[Docket No. FR–5275–N–02] 

Native American Housing Assistance 

and Self-Determination 

Reauthorization Act of 2008: Request 

for Nominations for Negotiated 

Rulemaking Committee Membership 

AGENCY: Office of Assistant Secretary for 

Public and Indian Housing, HUD. 

ACTION: Notice. 

SUMMARY: On January 12, 2009, HUD 

published a Federal Register notice 

announcing the initiation of negotiated 

rulemaking for the purpose of 

developing regulatory changes to the 

programs authorized under the Native 

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

Changes to these programs were made 

by the Native American Housing 

Assistance and Self-Determination 

Reauthorization Act of 2008, which also 

directs that HUD undertake negotiated 

rulemaking to implement the statutory 

revisions. This notice explains how 

persons may be nominated for 

membership on the negotiated 

rulemaking committee. 

DATES: Nominations for committee 

membership are due on or before: May 

1, 2009. 

ADDRESSES: Interested persons are 

invited to submit nominations for 

membership on the negotiated 

rulemaking committee. There are two 

methods for nominations to be included 

in the docket for this rule. Additionally, 

all submissions must refer to the above 

docket number and title. 

1. Submission of Nominations by 

Mail. Nominations may be submitted by 

mail to the Regulations Division, Office 

of the General Counsel, Department of 

Housing and Urban Development, 451 

Seventh Street, SW., Room 10276, 

Washington, DC 20410–0500. 

2. Electronic Submission of 

Nominations. Interested persons may 

submit nominations electronically 

through the Federal eRulemaking Portal 

at http://www.regulations.gov. HUD 

strongly encourages the electronic 

submission of nominations. Electronic 

submission allows the maximum time to 

prepare and submit a nomination, 

ensures timely receipt by HUD, and 

enables HUD to make them immediately 

available to the public. Nominations 

submitted electronically through the 

http://www.regulations.gov Web site can 

be viewed by interested members of the 

public. Individuals should follow the 

instructions provided on that site to 

submit nominations electronically. 

Note: To receive consideration, 

nominations must be submitted through one 

of the two methods specified above. Again, 

all submissions must refer to the docket 

number and title of the rule. No facsimile 

nominations. Facsimile (FAX) nominations 

are not acceptable. 

Public Inspection of Nominations. All 

properly submitted nominations and 

communications submitted to HUD will 

be available for public inspection and 

copying between 8 a.m. and 5 p.m. 

weekdays at the above address. Due to 

security measures at the HUD 

Headquarters building, an advance 

appointment to review the submissions 

must be scheduled by calling the 

Regulations Division at (202) 708–3055 

(this is not a toll-free number). 

Individuals with speech or hearing 

impairments may access this number 

via TTY by calling the Federal 

Information Relay Service at (800) 877– 

8339. Copies of all submissions are 

available for inspection and 

downloading at http:// 

www.regulations.gov. 

FOR FURTHER INFORMATION CONTACT: 

Rodger J. Boyd, Deputy Assistant 

Secretary for Native American 

Programs, Office of Public and Indian 

Housing, Department of Housing and 

Urban Development, 451 7th Street, 

SW., Room 4126,Washington, DC 

20410–5000, telephone: 202–401–7914 

(this is not a toll-free number). Persons 

with hearing or speech impediments 

may access this number through TTY by 

calling the toll-free Federal Information 

Relay Service at 800–877–8339 (this is 

a toll-free number). 

SUPPLEMENTARY INFORMATION: 

I. Background 

The Native American Housing 

Assistance and Self-Determination Act 

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

(NAHASDA) changed the way that 

housing assistance is provided to Native 

Americans. NAHASDA eliminated 

several separate assistance programs 

and replaced them with a single block 

grant program, known as the Indian 

Housing Block Grant (IHBG) Program. In 

addition, title VI of NAHASDA 

authorizes federal guarantees for 

financing of certain tribal activities 

(Title VI Loan Guarantee Program). The 

regulations governing the IHBG and 

Title VI Loan Guarantee Programs are 

located in part 1000 of HUD’s 

regulations in title 24 of the Code of 

Federal Regulations. In accordance with 

section 106 of NAHASDA, HUD 

developed the regulations with active 

tribal participation and using the 

procedures of the Negotiated 

Rulemaking Act of 1996 (5 U.S.C. 561– 

570). 

The Native American Housing 

Assistance and Self-Determination 

Reauthorization Act of 2008 (Pub. L. 

110–411, approved October 14, 2008) 

(2008 Reauthorization Act) reauthorizes 

NAHASDA through 2013 and makes a 

number of amendments to the statutory 

requirements governing the IHBG and 

Title VI Loan Guarantee Programs. The 

2008 Reauthorization Act amends 

section 106 of NAHASDA to provide 

that HUD shall ‘‘initiate a negotiated 

rulemaking in accordance with this 

section by not later than 90 days after 

enactment of the’’ 2008 Reauthorization 

Act. 

On March 29, 2006 (71 FR 16004), 

HUD published a notice in the Federal 

Register announcing the proposed 

membership of a negotiated rulemaking 

committee to provide recommendations 

on regulatory changes effectuating 

certain statutory amendments to 

NAHASDA. However, the establishment 

of that negotiated rulemaking committee 

was never made final. Given the time 

that has passed and the more 

comprehensive changes made by the 

2008 Reauthorization Act, HUD has 

determined it appropriate to form a new 

negotiated rulemaking committee for the 

purposes of implementing the 2008 

Reauthorization Act. In addition, the 

new negotiated rulemaking committee 

may consider the other statutory 

amendments to NAHASDA that were to 

be addressed by the earlier committee. 

(Proposed membership on the earlier 

negotiated rulemaking committee 

announced in HUD’s March 29, 2006, 

notice does not preclude the individual 

from membership on the new 

committee.) 

On January 12, 2009 (74 FR 1227), 

HUD published a notice in the Federal 

Register announcing the initiation of the 

negotiated rulemaking required by the 

2008 Reauthorization Act. The January 

12, 2009, notice provides additional 

information on the IHBG programs and 

the negotiated rulemaking process. 

II. This Notice 

This notice is the next step in the 

process of establishing the negotiated 

rulemaking committee required by the 

2008 Reauthorization Act. Specifically, 

the notice solicits nominations for 

membership on the negotiated 

rulemaking committee and explains 

how persons may be nominated for 

committee membership. The committee 

will consist of representatives of the 

various interests that are potentially 

affected by the rulemaking. Members 

may include tribally designated housing 

entities, elected officials of tribal 

governments, and HUD representatives. 

Members will serve at HUD’s discretion. 


erowe on PROD1PC63 with NOTICES
Federal Register / Vol. 74, No. 39 / Monday, March 2, 2009 / Notices 9101 

The Negotiated Rulemaking Act of 

1990 (5 U.S.C. 561–570) provides, at 5 

U.S.C. 565(b), that the membership of a 

negotiated rulemaking committee 

should generally be limited to 25 

members. It is not required that each 

potentially affected organization or 

entity necessarily have its own 

representative. However, HUD must be 

satisfied that the group as a whole 

reflects a geographically diverse crosssection of small, medium, and large 

Indian tribes. 

III. Requests for Representation 

If you are interested in serving as a 

member of the Committee or in 

nominating another person to serve as a 

member of the Committee, you may 

submit a nomination to HUD in 

accordance with the ADDRESSES section 

of this notice. Your nomination for 

membership on the Committee must 

include: 

1. The name of your nominee and a 

description of the interests the nominee 

would represent; 

2. Evidence that your nominee is 

authorized to represent a tribal 

government, which may include the 

tribally designed housing entity of a 

tribe with the interests the nominee 

would represent, so long as the tribe 

provides evidence that it authorizes 

such representation; and 

3. A written commitment that the 

nominee will actively participate in 

good faith in the development of the 

rule. 

HUD will determine whether a 

proposed member will be included in 

the makeup of the Committee. HUD will 

make that decision based on whether a 

proposed member would be 

significantly affected by the proposed 

rule, whether the interest of the 

proposed member could be represented 

adequately by other members, and 

whether space permits. 

IV. Additional Notice 

Section 564 of the Negotiated 

Rulemaking Act of 1990 requires that an 

agency, prior to the establishment of a 

negotiated rulemaking committee, 

publish a notice in the Federal Register 

announcing its intent to establish the 

committee, provide a list of the 

proposed committee membership, 

provide certain other information 

regarding the formation of the 

committee, and solicit nominations for 

selection to the committee. After 

reviewing any comments on this notice 

and any requests for representation, 

HUD will publish a notice that will 

announce the proposed membership of 

the committee, solicit additional 

nominations for membership, and 

provide the information required by 

section 564 in the Federal Register. 

Dated: February 23, 2009. 

Paula O. Blunt, 

General Deputy Assistant Secretary for Public 

and Indian Housing. 

[FR Doc. E9–4274 Filed 2–27–09; 8:45 am] 

BILLING CODE 4210–67–P 

DEPARTMENT OF THE INTERIOR 

Fish and Wildlife Service 

[FWS–R2–ES–2008–N0317]; [20124–1112– 

0000–F2] 

Town of Marana Habitat Conservation 

Plan, Pima County, AZ 

AGENCY: Fish and Wildlife Service, 

Interior. 

ACTION: Notice of availability: draft 

environmental impact statement and 

draft habitat conservation plan in 

support of an incidental take permit 

application. 

SUMMARY: We, the U.S. Fish and 

Wildlife Service (Service), have received 

an application from the Town of Marana 

(Applicant) for an incidental take permit 

(ITP) under the Endangered Species Act 

of 1973 (Act). The Applicant has been 

assigned permit number TE–204887–0. 

If approved, the permit would be for a 

period of 25 years, and would authorize 

incidental take of two species currently 

listed under the Act, and 11 species that 

may become listed under the Act in the 

future (collectively ‘‘covered species’’). 

The proposed incidental take would 

occur in Pima County, Arizona, as a 

result of impacts on covered species and 

occupied habitat from specified actions 

conducted under the authority of the 

Town of Marana. We request public 

comments on the application and 

associated documents, and announce 

our plan to hold public meetings. 

DATES: Public meetings: We will accept 

oral and written comments at two 

public meetings, which we will hold on 

April 2, 2009, April 15, 2009, and April 

16, 2009, from 6 p.m. to 8 p.m. We must 

receive any requests for additional 

public meetings, in writing, at the 

address shown in the ADDRESSES section 

by April 1, 2009. 

Comment-period end: To ensure 

consideration, we must receive any 

comments on or before May 1, 2009. 

ADDRESSES: For where to review 

documents and submit comments, and 

public meeting locations, see 

‘‘Reviewing Documents and Submitting 

Comments’’ in SUPPLEMENTARY

INFORMATION. 

FOR FURTHER INFORMATION CONTACT: 

Draft EIS: Mr. Scott Richardson, Tucson 

Suboffice, U.S. Fish and Wildlife 

Service, 201 N. Bonita Ave., Suite 141, 

Tucson, AZ 85745; 520/670–6150 x 242. 

Application and Draft HCP: Ms. 

Jennifer Christelman or Ms. Janine 

Spencer, Town of Marana, 11555 W. 

Civic Center Dr., Marana, AZ 85653 or 

Mr. Colby Henley, RECON, 525 West 

Wetmore Road, Suite 111, Tucson, AZ 

85705. Information regarding the HCP 

can also be obtained on the Internet at 

http://www.marana.com/hcp. 

SUPPLEMENTARY INFORMATION: Under the 

National Environmental Policy Act 

(NEPA), we announce that we have 

gathered the information necessary to: 

(1) Determine the impacts and formulate 

alternatives for the EIS, related to the 

potential issuance of an ITP to the 

Applicant; and (2) approve the HCP, 

which provides measures to minimize 

and mitigate the effects of the proposed 

incidental take of federally listed 

species to the maximum extent 

practicable, pursuant to section 

10(a)(1)(B) of the Act (16 U.S.C. 1531 et 

seq.). 

If we approve it, the 25-year permit 

would authorize the proposed 

incidental take of 13 covered species, 

including species currently listed under 

the Act, as well as species that may 

become listed under the Act in the 

future: (1) Lesser long-nosed bat 

(Leptonycteris curasoae yerbabuenae); 

(2) Southwestern willow flycatcher 

(Empidonax traillii extimus); (3) 

Yellow-billed cuckoo (Coccyzus 

americanus occidentalis); (4) Cactus 

ferruginous pygmy-owl (Glaucidium 

brasilianum cactorum); (5) Lowland 

leopard frog (Rana yavapaiensis); (6) 

Talus snails (Sonorella spp.); (7) Tucson 

shovel-nosed snake (Chionactis 

occipitalis klauberi); (8) Ground snake 

(Sonora semiannulata); (9) Sonoran 

desert tortoise (Gopherus agassizii); (10) 

Merriam’s mouse (Peromyscus 

merriami); (11) Mexican garter snake 

(Thamnophis eques megalops); (12) 

Burrowing owl (Athene cunicularia); 

and (13) Pale Townsend’s big-eared bat 

(Corynorhinus townsendii). 

The proposed incidental take would 

occur within the Town of Marana in 

Pima County, Arizona, as a result of 

impacts from actions occurring under 

the authority of the Applicant. The 

Applicant has completed a draft HCP as 

part of the application package, as 

required by the Act. The application 

and associated documents provide 

measures to minimize and mitigate to 

the maximum extent practicable the 

effects of the proposed incidental take of 

covered species and effects to the 


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