13348 Federal Register / Vol. 60, No. 47 / Friday, March 10, 1995 / Rules and Regulations

DEPARTMENT OF HOUSING AND

URBAN DEVELOPMENT

Office of the Secretary

24 CFR Part 92

[Docket No. R–95–1775; FR–3860–F–01]

RIN 2501–AB90

Eligible Applicants for the HOME

Investment Partnerships Program

AGENCY: Office of the Secretary, HUD.

ACTION: Final rule.

SUMMARY: This final rule amends the

existing interim rule for the HOME

Investment Partnerships Program by

making it conform with the program

definition for eligible applicants in the

Indian Community Development Block

Grant Program. This revision will

eliminate confusion and simplify

administration of Native American

Tribal Programs. This final rule is

intended to be effective for the Fiscal

Year 1995 funding cycle, for which

applications are due April 14, 1995.

EFFECTIVE DATE: April 10, 1995.

FOR FURTHER INFORMATION CONTACT:

Bruce Knott, Director, Housing &

Community Development Division,

Office of Native American Programs,

room B–133, 451 Seventh Street, SW.,

Washington, DC 20410, telephone (202)

755–0068 (this is not a toll-free

number). Hearing- or speech-impaired

persons may use the TDD number by

contacting the Federal Information

Relay Service on 1–800–877–TDDY (1–

800–877–8339) (a toll-free number).

SUPPLEMENTARY INFORMATION:

I. Background

The HOME Investment Partnerships

Program (HOME) was enacted under

title II (42 U.S.C. 12701–12839) of the

Cranston-Gonzalez National Affordable

Housing Act (NAHA) (Pub. L. 101–625,

approved November 28, 1990). One of

the purposes of the HOME program is to

provide funds to Indian tribes in order

to expand the supply of decent, safe,

sanitary, and affordable housing for very

low-income and low-income Americans.

HUD’s implementing regulations for the

Indian HOME Program are found at 24

CFR part 92. In a separate rulemaking,

the Department is relocating these

regulations to a new 24 CFR part 954.

At the present time, applicants

eligible for grant assistance under the

Indian HOME program are defined as

Indian tribes. This has caused confusion

among constituents for assistance under

HUD-administered tribal programs,

especially in Alaska, and is inconsistent

with the definition of eligible applicant

for grant assistance under the Indian

Community Development Block Grant

program. This final rule amends the

existing interim rule for the HOME

Investment Partnerships Program by

making it conform with the program

definition for eligible applicants in the

Indian Community Development Block

Grant Program in order to simplify

administration of Native American

Tribal Programs. The revision is

intended to be effective for the Fiscal

Year 1995 funding cycle, for which

applications are due April 14, 1995.

II. Justification for Final Rulemaking

It is HUD’s policy to publish rules for

public comment before their issuance

for effect, in accordance with its own

regulations on rulemaking found at 24

CFR part 10. However, part 10 provides

that prior public procedure will be

omitted, if HUD determines that it is

‘‘impracticable, unnecessary, or contrary

to the public interest’’ (24 CFR 10.1).

The Department finds that in this case

prior public comment is contrary to the

interest of the public. This final rule

merely amends 24 CFR part 92 by

incorporating the definition of ‘‘eligible

applicants’’ found in the Indian

Community Development Block Grant

Program in order to eliminate confusion

and simplify administration of Native

American Tribal Programs.

III. Other Matters

A. Environmental Review

A Finding of No Significant Impact

with respect to the environment has

been made in accordance with HUD

regulations at 24 CFR part 50, which

implements section 102(2)(C) of the

National Environmental Policy Act of

1969 (NEPA). This Finding of No

Significant Impact is available for public

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

p.m. weekdays in the Office of the Rules

Docket Clerk, Office of the General

Counsel, Department of Housing and

Urban Development, room 10276, 451

Seventh Street, SW., Washington, DC

20410–0500.

B. Federalism Impact

The General Counsel, as the

Designated Official for HUD under

section 6(a) of Executive Order 12612,

Federalism, has determined that the

policies contained in this final rule 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.

C. Impact on the Family

The General Counsel, as the

designated official under Executive

Order 12606, The Family, has

determined that this final rule would

not have significant impact on family

formation, maintenance, and general

well-being, and, thus, is not subject to

review under the Order. No significant

change in existing HUD policies or

programs will result from promulgation

of this rule, as those policies and

programs relate to family concerns.

D. Impact on Small Entities

The Secretary, in accordance with the

Regulatory Flexibility Act (5 U.S.C.

605(b)), has reviewed and approved this

rule, and in so doing certifies that this

rule will not have a significant

economic impact on a substantial

number of small entities.

E. Regulatory Agenda

This final rule was not listed in the

Department’s Semiannual Agenda of

Regulations published on November 14,

1994 (59 FR 57632) in accordance with

Executive Order 12866 and the

Regulatory Flexibility Act.

The Catalog of Federal Domestic

Assistance Number for the HOME

Program is 14.239.

List of Subjects in 24 CFR part 92

Administrative practice and

procedure, Grant programs—housing

and communitiy development, Grant

programs—Indians, Indians, Low and

moderate income housing,

Manufactured homes, Rent subsidies,

Reporting and recordkeeping

requirements.

Accordingly, 24 CFR part 92, is

amended as follows:

PART 92—HOME INVESTMENT

PARTNERSHIPS PROGRAM

1. The authority citation for part 92

continues to read as follows:

Authority: 42 U.S.C. 3535(d) and 12701–

12839.

2. Section 92.602 is revised to read as

follows:

§ 92.602 Eligible Applicants for HOME

Funds for Indian Tribes.

(a) Eligible applicants for HOME

funds for Indian tribes are any Indian

Tribe, band, group, or nation, including

Alaskan Indians, Aleuts, and Eskimos,

and any Alaskan native village of the

United States which is considered an

eligible recipient under Title I of the

Indian Self-Determination and

Education Assistance Act (25 U.S.C.

450) or which had been an eligible

recipient under the State and Local
Federal Register / Vol. 60, No. 47 / Friday, March 10, 1995 / Rules and Regulations 13349

Fiscal Assistance Act of 1972 (31 U.S.C.

1221). Eligible recipients under the

Indian Self-Determination and

Education Assistance Act will be

determined by the Bureau of Indian

Affairs and eligible recipients under the

State and Local Fiscal Assistance Act of

1972 are those that have been

determined eligible by the Department

of Treasury, Office of Revenue Sharing.

(b) Tribal organizations which are

eligible under Title I of the Indian SelfDetermination and Education

Assistance Act may apply on behalf of

any Indian Tribe, band, group, nation,

or Alaskan native village eligible under

that act for funds under this part when

one or more of these entities have

authorized the Tribal organization to do

so through concurring resolutions. Such

resolutions must accompany the

application for funding. Eligible Tribal

organizations under Title I of the Indian

Self Determination and Education

Assistance Act will be determined by

the Bureau of Indian Affairs.

(c) Only eligible applicants shall

receive grants. However, eligible

applicants may contract or otherwise

agree with non-eligible entities such as

States, cities, counties, or other

organizations to assist in the preparation

of applications and to help implement

assisted activities.

(d) To apply for funding in a given

fiscal year, an applicant must be eligible

as an Indian Tribe or Alaskan native

village, as provided in paragraph (a) of

this section, or as a Tribal organization,

as provided in paragraph (b) of this

section, by the application submission

date.

(e) Applicants must have the

administrative capacity to undertake the

project proposed, including systems of

internal control necessary to administer

these projects effectively.

Dated: March 2, 1995.

Henry G. Cisneros,

Secretary.

[FR Doc. 95–5969 Filed 3–9–95; 8:45 am]

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