Federal Register / Vol. 61, No. 136 / Monday, July 15, 1996 / Proposed Rules 36829

All written comments received within

the comment period will be considered

before a final determination is made on

this matter.

Paperwork Reduction Act

In accordance with the Paperwork

Reduction Act of 1995 (44 U.S.C.

Chapter 35), the AMS announces its

intention to request a revision to a

currently approved information

collection for Walla Walla sweet onions.

Title: Sweet Onions Grown in the

Walla Walla Valley of Southeast

Washington and Northeast Oregon,

Marketing Order No. 956. OMB Number: 0581–0172.

Expiration Date of Approval: March

31, 1998.

Type of Request: Revision of a

currently approved information

collection.

Abstract: The information collection

requirements in this request are

essential to carry out the intent of the

Agricultural Marketing Agreement Act,

to provide the respondents the type of

service they request, and to administer

the program. This proposed rule would establish a

requirement that each handler submit

an annual report, on a form provided by

the Committee, showing Walla Walla

Sweet Onion shipment information.

This information would facilitate the

billing and collection of handler

assessments needed for the maintenance

and functioning of the Committee. The

information would also be useful to the

Committee in developing a budget and

in making marketing plans for the

upcoming season. The information collected is used

only by authorized representatives of

the USDA, including AMS, Fruit and

Vegetable Division regional and

headquarter’s staff, and employees of

the Committee. Committee employees

are the primary users of the information

and AMS employees are secondary

users.

Estimate of Burden: Public reporting

burden for this proposed collection of

information is estimated to average

0.323 hours per response.

Respondents: Walla Walla Sweet

Onion producers and for-profit

businesses handling fresh Walla Walla

Sweet Onions produced in

southwestern Washington and

northeastern Oregon. Estimated Number of Respondents:

82.

Estimated Number of Responses per

Respondent: 0.756.

Estimated Total Burden on

Respondents: 25 hours.

Comments are invited on: (1) Whether

the proposed collection of information

is necessary for the functioning of the

Walla Walla Sweet Onion Marketing

Order and the Department’s oversight of

the program; (2) the accuracy of the

collection burden estimate and the

validity of methodology and

assumptions used in estimating the

burden on respondents; (3) ways to

enhance the quality, utility, and clarity

of the information requested; and (4)

ways to minimize the burden, including

use of automated or electronic

technologies.

Comments must be received by

September 13, 1996. Comments should

reference OMB No. 0581–0172 and the

Walla Walla Sweet Onion Marketing

Order No. 956, and be submitted to

Teresa L. Hutchinson, Marketing

Specialist, Northwest Marketing Field

Office, Fruit and Vegetable Division,

AMS, USDA, 1220 SW Third Avenue,

room 369, Portland, OR 97204; fax 503–

326–7440. All comments received will

be available for public inspection during

regular business hours at the same

address. All responses to this notice will

be summarized and included in the

request for OMB approval.

Because there is insufficient time for

normal clearance procedures, AMS is

seeking temporary approval from OMB

for the use of this form for the coming

season. The form would be added to the

other 5 forms currently approved for use

under OMB Number 0581–0172.

List of Subjects in 7 CFR Part 956

Marketing agreements, Onions,

Reporting and record keeping

requirements.

For the reasons set forth in the

preamble, it is proposed that 7 CFR part

956 be amended as follows:

PART 956—SWEET ONIONS GROWN

IN THE WALLA WALLA VALLEY OF

SOUTHEAST WASHINGTON AND

NORTHEAST OREGON

1. The authority citation for 7 CFR

part 956 continues to read as follows:

Authority: 7 U.S.C. 601–674.

2. In part 956, a new Subpart—Rules

and Regulations consisting of sections

956.142 and 956.180 is added to read as

follows:

Subpart—Rules and Regulations

§ 956.142 Interest charges.

The Committee shall impose an

interest charge on any handler who fails

to pay his or her annual assessments

within thirty (30) days of the due date

of September 1. The interest charge

shall, after 30 days, be 1 1/2 percent of

the unpaid assessment balance. In the

event the handler fails to pay the

delinquent assessment amount within

60 days following the due date, the 1 1/

2 percent interest charge shall be

applied monthly thereafter to the

unpaid balance, including any

accumulated interest. Any amount paid

by a handler as an assessment,

including any charges imposed

pursuant to this paragraph, shall be

credited when the payment is received

in the Committee office.

§ 956.180 Reports.

Each handler shall furnish to the

Committee by September 1 of each year

an annual report containing the

following information, except that giftbox and roadside stand sales shall be

exempt from paragraph (b):

(a) The number of 50 lb. equivalents

of Walla Walla Sweet Onions shipped

by each handler during each week of the

shipping season and the total for the

season;

(b) The geographical regions as

defined by the Committee to which each

shipment is made; and

(c) The name, address, and signature

of each handler.

Dated: July 8, 1996.

Robert C. Keeney,

Director, Fruit and Vegetable Division.

[FR Doc. 96–17868 Filed 7–12–96; 8:45 am]

BILLING CODE 3410–02–P

DEPARTMENT OF THE INTERIOR

Bureau of Indian Affairs

25 CFR Part 256

RIN 1076–AD52

Housing Improvement Program

AGENCY: Bureau of Indian Affairs,

Interior.

ACTION: Proposed rule.

SUMMARY: The Bureau of Indian Affairs

(BIA) is proposing to amend the

regulations governing the Housing

Improvement Program (HIP) by

clarifying the terms and conditions

under which the program is operated.

DATES: Comments must be received on

or before September 13, 1996.

Comments will be available for

inspection at the address below from

9:00 a.m. to 4:00 p.m., Monday through

Friday beginning approximately July 29,

1996.

ADDRESSES: Mail comments to June

Henkel, Division of Housing, Office of

Tribal Services, Bureau of Indian

Affairs, Department of the Interior, 1849

C St. NW, Mail Stop 4603–MIB,

Washington, DC 20240; OR, hand

deliver them to Room 4603 at the above

address.
36830 Federal Register / Vol. 61, No. 136 / Monday, July 15, 1996 / Proposed Rules

FOR FURTHER INFORMATION CONTACT: June

Henkel, Office of Tribal Services,

Bureau of Indian Affairs at telephone

(202) 208–3707.

SUPPLEMENTARY INFORMATION:

Background

The proposed rule reflects the

recommendations of the Joint Tribal/

BIA/DOI Advisory Task Force on

Bureau of Indian Affairs Reorganization,

various tribal and Federal workgroups,

and the Department of the Interior

Office of the Inspector General. The

proposed rule contains simplified

administrative guidelines and makes the

program more flexible and responsive to

the needs of tribes.

On April 7, 1994, the Assistant

Secretary-Indian Affairs published a

Notice of Proposed Rulemaking (NPRM)

proposing amendment of 25 CFR Part

256, Housing Improvement Program (59

FR 16726). One proposal concerned

changing the HIP funding distribution

methodology from one based on housing

inventory to one based on documented

eligible applicants. Proposed technical

corrections were for the elimination of

Category C, Downpayments, and

elimination of eligibility for applicants

whose dwellings were acquired under

HUD through an Indian Housing

Authority. The comment period closed

on June 6, 1994 and on June 10, 1994,

was extended to July 6, 1994. Public

comment on the funding distribution

methodology provided only a 1%

margin of difference between those for

and against the proposed change. As a

result of the lack of clear direction on

the funding distribution methodology,

the numerous comments received on the

proposed technical corrections and the

need to improve the program, the

program was recommended for

reinvention. In July 1994 the Acting

Deputy Commissioner of Indian Affairs

agreed to a recommendation by the

Office of Audit and Evaluation to place

HIP in the National Performance Review

(NPR) Reinventing Government Projects

program. The HIP was approved as an

NPR lab project by October 1994. Along

with accommodating administrative

corrective action tasks, the NPR lab was

established to ensure tribal

representation throughout the

reinvention process resulting in a

program that would be more responsive

to tribal needs.

Evaluation and Certification

The authority to issue rules and

regulations is vested in the Secretary of

the Interior by 5 U.S.C. 301 and sections

463 and 465 of the Revised Statutes, 25

U.S.C. 2 and 9.

Publication of the proposed rule by

the Department of the Interior

(Department) provides the public an

opportunity to participate in the

rulemaking process. Interested persons

may submit written comments regarding

the proposed rule to the location

identified in the ‘‘addresses’’ section of

this document.

Executive Order 12988

The Department has determined that

this proposed rule meets the applicable

standards provided in sections 3(a) and

3(b)(2) of Executive Order 12988.

Executive Order 12866

This proposed rule is not a significant

regulatory action under Executive Order

12866.

Regulatory Flexibility Act

This proposed rule will not have a

significant economic impact on a

substantial number of small entities

under the Regulatory Flexibility Act (5

U.S.C. 601 et seq.).

Executive Order 12630

The Department has determined that

this proposed rule does not have

‘‘significant’’ takings implications. The

proposed rule does not pertain to

‘‘taking’’ of private property interests,

nor does it impact private property.

Executive Order 12612

The Department has determined that

this proposed rule does not have

significant federalism effects because it

pertains solely to Federal-tribal relations

and will not interfere with the roles,

rights and responsibilities of states.

NEPA Statement

The Department has determined that

this proposed rule does not constitute a

major Federal action significantly

affecting the quality of the human

environment and that no detailed

statement is required pursuant to the

National Environmental Policy Act of

1969.

Unfunded Mandates Act of 1995

This proposed rule imposes no

unfunded mandates on any

governmental or private entity and is in

compliance with the provisions of the

Unfunded Mandates Act of 1995.

Paperwork Reduction Act of 1995

The information collection

requirements contained in § 256.9 have

been approved by the Office of

Management and Budget under 44

U.S.C. 3507 et seq. and assigned

clearance number 1076–0084. The

information is collected to determine

applicant eligibility for services and

eligibility to participate in the program

based on the criteria referenced in

256.10 and in Table B. Response is

required to obtain a benefit. The public

reporting burden for this form is

estimated to average thirty minutes per

response, including the time for

reviewing the instructions, gathering

and maintaining data, and completing

and reviewing the form.

Drafting Information

The primary author of this document

is June Henkel, Office of Tribal Services,

Bureau of Indian Affairs, Department of

the Interior.

List of Subjects in 25 CFR Part 256

Housing, Indians, Reporting and

recordkeeping requirements.

For the reasons given in the preamble,

Part 256 of Title 25, Chapter I of the

Code of Federal Regulations is proposed

to be revised as set forth below.

PART 256—HOUSING IMPROVEMENT

PROGRAM

Sec.

256.1 Purpose.

256.2 Definitions.

256.3 Policy.

256.4 Information collection.

256.5 What is the Housing Improvement

Program?

256.6 Am I eligible for the Housing

Improvement Program?

256.7 What are the Housing Improvement

Program categories for which I am

eligible?

256.8 Who administers the Housing

Improvement Program?

256.9 How do I apply for the Housing

Improvement Program?

256.10 What are the steps that must be

taken to process my application for the

Housing Improvement Program?

256.11 How long will I have to wait for the

improvement, repair, or replacement of

my dwelling to be done?

256.12 Who is responsible for identifying

what work will be done on my dwelling?

256.13 What will the servicing housing

office do to identify what work is to be

done on my dwelling?

256.14 How will I be advised of what work

is to be done?

256.15 Who performs the improvements,

repairs, or replacement of my dwelling?

256.16 How are these repairs or

construction trades persons and home

building contractors selected and paid?

256.17 Will I have to vacate my dwelling

while repair work or replacement of my

dwelling is being done?

256.18 How can I be sure that the work that

is being done on my dwelling meets

minimum construction standards?

256.19 How will I be advised that the repair

work or replacement of my dwelling has

been completed?
Federal Register / Vol. 61, No. 136 / Monday, July 15, 1996 / Proposed Rules 36831

256.20 How many times can I receive

improvements, repairs, or replacement

services under the Housing Improvement

Program?

256.21 Will I need flood insurance?

256.22 Is my Federal Government assisted

dwelling eligible for services under the

Housing Improvement Program?

256.23 Are mobile homes eligible for

services under the Housing Improvement

Program?

256.24 Can Housing Improvement Program

resources be supplemented with other

available resources?

256.25 What can I do if I disagree with

actions taken under the Housing

Improvement Program?

Authority: 42 Stat. 208. (25 U.S.C. 13).

§ 256.1 Purpose.

The purpose of this part is to define

the terms and conditions under which

assistance is given to Indians under the

Housing Improvement Program (HIP).

§ 256.2 Definitions.

As used in this part 256:

Agency means the current

organizational unit of the Bureau that

provides direct services to the governing

body or bodies and members of one or

more specified Indian Tribes.

Appeal means a written request for

review of an action or the inaction of an

official of the Bureau of Indian Affairs

that is claimed to adversely affect the

interested party making the request, as

provided in part 2 of this chapter.

Applicant means an individual or

persons on whose behalf an application

for services has been made under this

part.

Application means the process

through which a request is made for

services.

Area Director means the officer in

charge of a Bureau of Indian Affairs area

office, or his/her authorized delegate.

Bureau means the Bureau of Indian

Affairs.

Child means a person under the age

of 18 or such other age of majority as is

established for purposes of parental

support by tribal or state law (if any)

applicable to the person at his or her

residence, except that no person who

has been emancipated by marriage can

be deemed a child.

Family means one or more persons

maintaining a household.

Handicapped means legally blind;

legally deaf; lack of or inability to use

one or more limbs; chair or bed bound;

inability to walk without crutches or

walker; mental disability in an adult of

a severity that requires a companion to

aid in basic needs, such as dressing,

preparing food, etc.; or severe heart and/

or respiratory problems preventing even

minor exertion.

Household means persons living with

the head of household who may be

related or unrelated to the head of

household and who function as

members of a family.

Indian tribe means an Indian or

Alaska Native tribe, band, nation,

pueblo, village, or community that the

Secretary of the Interior acknowledges

to exist as an Indian tribe pursuant to

Public Law 103–454, 108 Stat. 4791.

Secretary means the Secretary of the

Interior.

Service area means reservations

(former reservations in Oklahoma),

allotments, restricted lands, and Indianowned fee lands (including lands

owned by corporations established

pursuant to the Alaska Native Claims

Settlement Act) within a geographical

area designated by the tribe and

approved by the Area Director to which

equitable services can be delivered.

Servicing housing office means the

Tribal Housing Office or Bureau

Housing Assistance Office

administering the Housing Improvement

Program in the service area in which the

applicant resides.

Superintendent means the Bureau

official in charge of an agency office.

§ 256.3 Policy.

(a) The Bureau of Indian Affairs’

housing policy is consistent with the

objectives of the national housing policy

that declares that every American family

should have the opportunity for a

decent home and suitable living

environment. To the extent possible, the

program will serve the neediest of the

needy Indian families.

(b) Every Indian as defined in § 256.2

who meets the basic eligibility criteria

defined in § 256.6 is entitled to

participate in the program. Participation

is based on priority of need, regardless

of tribal affiliation, provided services

can be delivered to the geographic area

within which the participant resides.

(c) Tribal participation in and direct

administration of the Housing

Improvement Program is encouraged to

the maximum extent possible. Tribal

involvement is necessary to ensure that

the services provided under the program

are responsive to the needs of tribes and

the program participants.

(d) Partnerships with complementary

improvement programs are encouraged

to increase the basic benefits derived

from the Housing Improvement Program

fund. An example is the agreement with

Indian Health Services to provide water

and sanitation facilities for Housing

Improvement Program houses.

§ 256.4 Information collection.

The information collection

requirements contained in § 256.9 have

been approved by the Office of

Management and Budget under 44

U.S.C. 3507 et seq. and assigned

clearance number 1076–0084. The

information is collected to determine

applicant eligibility for services and

eligibility to participate in the program

based on the criteria referenced in

§ 256.10 and in Table B to this part.

Response is required to obtain a benefit.

The public reporting burden for this

form is estimated to average thirty

minutes per response, including the

time for reviewing the instructions,

gathering and maintaining data, and

completing and reviewing the form.

§ 256.5. What is the Housing Improvement

Program?

The Housing Improvement Program

provides funds to repair or replace

houses that fail to meet basic building

standards for the neediest of the needy

Housing Improvement Program

applicants.

§ 256.6 Am I eligible for the Housing

Improvement Program?

You are eligible for the Housing

Improvement Program if:

(a) You are a member of a Federallyrecognized American Indian tribe or

Alaskan Native village; and

(b) You are living in an approved

tribal service area; and

(c) Your annual income does not

exceed 125% of the Department of

Health and Human Services Poverty

Income Guidelines. These guidelines are

available from your servicing housing

office.

§ 256.7 What are the Housing

Improvement Program categories for which

I am eligible?

(a) Category A. You are eligible to

receive up to $2,500 in housing repairs

and improvements if the dwelling in

which you are living cannot be brought

to applicable building code standards.

(b) Category B. You are eligible to

receive housing repairs and

improvements if the cost to bring the

dwelling to applicable building code

standards does not exceed $35,000, and:

(1) You are the owner of the dwelling

in which you are living;

(2) The estimated cost of repairs and

improvements, as determined by the

Housing Improvement Program

servicing office will result in making the

dwelling meet applicable building code

standards; and

(3) You sign a written agreement that

if you sell the dwelling within five (5)

years following the date of completion

of the repairs, the grant will be voided
36832 Federal Register / Vol. 61, No. 136 / Monday, July 15, 1996 / Proposed Rules

and you will repay the full amount of

the cost of repairs to the Bureau of

Indian Affairs at the time of settlement.

(c) Category C. You are eligible to

receive a modest (see Table A to this

part, Occupancy and Square Footage

Chart) replacement home, if:

(1) You are the owner of the dwelling

in which you are living;

(2) The dwelling in which you are

living cannot be brought to applicable

code standards within the Category B

cost limit of $35,000; or you do not own

a home but have ownership of sufficient

land suitable for housing, with adequate

ingress/egress rights; and

(3) You sign a written agreement that

if you sell the house within the first ten

(10) years from the date of ownership,

the grant is voided and you will repay

the full amount of the cost of the house

to the Bureau of Indian Affairs at the

time of settlement. If you sell the house

after the first ten years, you can retain

ten (10) percent of the original cost of

the house per year, beginning in the

eleventh year, with the remaining

amount payable to the Bureau of Indian

Affairs. If the sale occurs twenty (20)

years or more after the date of

ownership, you will not have to make

repayment.

§ 256.8 Who administers the Housing

Improvement Program?

The Housing Improvement Program is

administered by a servicing housing

office operated:

(a) By a tribal housing office under a

Public Law 93–638 contract or a selfgovernance annual funding agreement;

or

(b) By the Bureau of Indian Affairs.

§ 256.9 How do I apply for the Housing

Improvement Program?

(a) First, you must obtain an

application, BIA Form 6407, and a

Privacy Act Statement from your nearest

servicing housing office.

(b) Second, you must complete and

sign BIA Form 6407 and the Privacy Act

Statement.

(c) Third, you must submit your

completed application and signed

Privacy Act Statement to your servicing

housing office. Submission to the

nearest BIA housing office does not

preclude tribal approval of the

application.

(d) Fourth, you must furnish

documentation proving tribal

membership. Examples of acceptable

documentation include a copy of your

Certificate of Degree of Indian Blood

(CDIB) or a copy of your tribal

membership card.

(e) Fifth, you must provide proof of

income from all members of the

household.

(1) You must submit signed copies of

current 1040 tax returns from all

members of the household, including

W–2’s and all attachments.

(2) You must provide proof of all

other income from all members of the

household. This includes unearned

income such as social security, aid to

families with dependent children

(AFDC), retirement and unemployment

benefits.

(3) If you or other household members

did not file a tax return, you must

submit a signed, notarized statement

explaining why a tax return was not

filed.

(f) Sixth, you must furnish a copy of

your trust income statement, such as for

royalty and lease monies, from your

home agency. If you do not have an

account, you must ask your agency to

provide a statement to that effect.

(g) Seventh, you must provide proof

of ownership (sole possessory interest)

of the residence and/or land:

(1) For fee property, you must provide

a copy of a fully executed Warranty

Deed, Gift Deed, or other exclusive

possessory agreement, which is

available at your local county court

house; or

(2) For trust property, you must

provide a copy of certification from the

Agency Realty Office; or

(3) For tribally-owned land, you must

provide a copy of a properly executed

tribal assignment; or

(4) For multi-owner property, you

must provide a copy of a properly

executed lease of not less than twentyfive (25) years.

(h) Eighth, you must furnish a copy of

a map and a letter from an official

source indicating whether your

residence and/or land is in an area

having special flood hazards:

(1) If your land is held in trust, you

must obtain this information from your

servicing housing office.

(2) If your land is fee land, you must

obtain this information from the county

in which your land is located.

§ 256.10 What are the steps that must be

taken to process my application for the

Housing Improvement Program?

(a) The servicing housing office must

review your application for

completeness. If your application is

incomplete, it will be returned to you

along with a written explanation and

advice on how to complete and

resubmit your application.

(b) The servicing housing office will

use your completed application to

determine if you are eligible for the

Housing Improvement Program.

(1) If you are found ineligible for the

Housing Improvement Program or

otherwise do not qualify for the

program, the servicing housing office

will advise you in writing within 45

days of receipt of your completed

application. Your application may be

placed in a file with the applications of

other ineligible applicants for a period

of not less than two (2) years. Your

application may be used to develop

workload and housing needs

information by the servicing housing

office.

(2) If you are found eligible for the

Housing Improvement Program, the

servicing housing office will inform you

in writing within 45 days of receipt of

your completed application.

(c) If you are found eligible for the

Housing Improvement Program, the

servicing housing office will assess your

application for need, according to the

factors and numeric values shown in

Table B to this part.

(d) Based on the total numeric value

assigned to each application, the

servicing housing office will develop

the List of Eligible Housing

Improvement Program Applicants

(LEHIPA), ranked in order of need, from

highest to lowest. In the case of a tie, the

family with the lower income will be

served first.

(e) The servicing housing office will

develop and include on the LEHIPA the

estimated cost of improvements, repairs

or replacement for each application.

(f) The servicing housing office will

compare the LEHIPA with the total

amount of funds available for the

program. Starting with the most needy

applicant, the amount of available funds

is reduced by the amount of estimated,

allowable costs to improve, repair or

replace the applicant’s dwelling. This

process is repeated for the next

applicant on the list until there are no

more funds.

(1) The servicing housing office will

advise you in writing within 45 days of

completion of the LEHIPA whether

funds are available for the improvement,

repair or replacement of your dwelling.

(2) If funds are available to meet the

estimated cost of improvement, repair,

or replacement of your dwelling, the

servicing housing office will identify

your application as ‘‘active’’ on the

LEHIPA.

(3) If there are no available funds for

improving, repairing or replacing your

dwelling, your application will be

identified as having ‘‘no available

funds’’ on the LEHIPA.

(g) Your application will be held for

an indefinite period of time during

which your servicing housing office will

request, in writing, annual written

confirmation from you that your

application is still accurate.
Federal Register / Vol. 61, No. 136 / Monday, July 15, 1996 / Proposed Rules 36833

(1) Your written confirmation will

permit your application to be included

in the next annual ranking of eligible

applicants.

(2) Your servicing housing office will

advise you in writing and provide

written explanation should you need to

submit a new or updated application.

(3) Should your circumstances change

appreciably during the time that your

application is pending funding, you are

encouraged to submit an updated

application at your earliest convenience.

(h) Your servicing housing office will

prepare an annual report identifying

construction work undertaken during

the fiscal year and related construction

expenditures. The annual report is due

on October 15 of each year for fiscal

year tribes and on January 15 of each

year for calendar year tribes. The report,

at a minimum, will contain:

(1) Number of Eligible Applicants;

(2) Number of Applicants Provided

Service;

(3) Names of Applicants Provided

Service;

(4) For Each Applicant Provided

Service:

(i) Date of Construction start;

(ii) Date of Construction Completion,

if applicable;

(iii) Cost; and.

(iv) HIP Category.

§ 256.11 How long will I have to wait for

the improvement, repair, or replacement of

my dwelling to be done?

The length of time that it takes to

accomplish the work to be done on your

dwelling is dependent on:

(a) Whether funds are available;

(b) The type of work to be done; and

(c) The climate and seasonal

conditions where your dwelling is

located.

§ 256.12 Who is responsible for identifying

what work will be done on my dwelling?

The servicing housing office is

responsible for identifying what work is

to be done on your dwelling or whether

your dwelling will be replaced.

§ 256.13 What will the servicing housing

office do to identify what work is to be done

on my dwelling?

(a) First, a trained and qualified

representative of your servicing housing

office must visit your dwelling to

identify what improvements or repairs

are to be done under the Housing

Improvement Program. The

representative must ensure that flood,

National Environmental Protection Act

(NEPA) and earthquake requirements

are met.

(b) Second, based on the list of

improvements or repairs to be done, the

representative must estimate the total

cost of improvements or repairs to your

dwelling. Cost estimates must be based

on locally available services and

product costs, or other regional-based,

industry-recognized cost data, such as

that provided by the MEANs or

MARSHAL SWIFT. If the dwelling is

located in Alaska, documented,

reasonable and substantiated freight

costs, in accordance with Federal

Property Management Regulations

(FPMR 101–40), not to exceed 100% of

the cost of materials, can be added to

the cost of the project.

(c) Third, the representative must

determine which Housing Improvement

Program category the improvements to

your dwelling meet, based on the

estimated cost of improvements or

repairs. If the estimated cost to repair

your dwelling is $35,000 or more, the

representative must approve your

dwelling for replacement.

(d) Fourth, the representative must

develop a detailed, written report, also

called ‘‘bid specifications,’’ that

identifies what and how the

improvement, repair and construction

work is to be accomplished at the

dwelling.

(1) When the work includes new

construction, the ‘‘bid specifications’’

will be supplemented with a set of

construction plans. The plans must not

exceed the occupancy and square

footage criteria identified in Table A of

this part, Occupancy and Square

Footage Chart. The plans must be

sufficiently detailed to provide

complete instructions to the builder for

the purpose of construction.

(2) ‘‘Bid specifications’’ are also used

to inform potential bidders of what

work is to be done.

§ 256.14 How will I be advised of what

work is to be done?

You will receive written notice from

the servicing housing office of what

work is being scheduled under the

Housing Improvement Program. You

will be requested to concur with the

scheduled work by signing a copy of the

notice and returning it to the servicing

housing office. No work will be started

until the signed copy is returned to the

servicing housing office.

§ 256.15 Who performs the improvements,

repairs, or replacement of my dwelling?

Independent repair and construction

trades persons and home building

contractors will perform the

improvements, repairs or replacement of

your dwelling.

§ 256.16 How are these repair or

construction trades persons and home

building contractors selected and paid?

(a) The servicing housing office must

provide the prepared ‘‘bid

specifications,’’ also called a statement

of work, to the local Bureau or tribal

contracting office. The office will use

the statement of work to advertise the

work. Advertising will be accomplished

by two or more of the following means:

local or national newspapers; various

tribal publications; physical or

electronic bulletin boards; any other

generally-recognized advertising media.

(b) Based on the statement of work,

interested parties are invited to bid on

the job.

(c) The winning bidder will be

selected by the local Bureau or tribal

contracting office, after technical review

by and written recommendation from

the servicing housing office. Prior to

selection, bidders must be determined

to be qualified contractors capable of

completing the contract as advertised.

(d) Payments to the winning bidder

are negotiated in the contract. Payments

are based on specified delivery of

services.

(1) Partial payments will not exceed

80 percent of the value of the completed

work.

(2) Final payment will be made after

final inspection and after all provisions

of the contract have been met, including

punch-up items.

§ 256.17 Will I have to vacate my dwelling

while repair work or replacement of my

dwelling is being done?

(a) You will be notified by the

servicing housing office that you must

vacate your dwelling only if:

(1) It is scheduled for major repairs

requiring that all occupants vacate the

dwelling for safety reasons; or

(2) It is scheduled for replacement

which requires the demolition of your

current dwelling.

(b) If you are required to vacate the

premises for the duration of the

construction, you are responsible for:

(1) Locating other lodging;

(2) Paying all costs associated with

vacating and living away from the

dwelling; and

(3) Removing all your belongings and

furnishings prior to the scheduled,

beginning work date.

§ 256.18 How can I be sure that the work

that is being done on my dwelling meets

minimum construction standards?

(a) At various stages of construction,

a trained and qualified servicing

housing office representative or building

inspector will review the construction

to ensure that it meets applicable

minimum construction standards and
36834 Federal Register / Vol. 61, No. 136 / Monday, July 15, 1996 / Proposed Rules

building codes. Upon completion of

each stage, further construction is

prohibited until the inspection occurs

and approval is granted.

(b) Inspections are, at a minimum,

made at the following stages of

construction:

(1) Footings;

(2) Closed in, rough wiring and rough

plumbing; and

(3) At final completion.

§ 256 19 How will I be advised that the

repair work or replacement of my dwelling

has been completed?

You will be advised in writing by the

servicing housing office that the work

has been completed in compliance with

the project contract. Also, you will have

a final walk-through of the dwelling

with your servicing housing office

representative. You will be requested to

verify that you received the notice of

completion of the work by signing a

copy of the notice and returning it to the

servicing housing office representative.

§ 256.20 How many times can I receive

improvements, repairs, or replacement

services under the Housing Improvement

Program?

(a) Under Category A you can receive

services under the Housing

Improvement Program more than one (1)

time, for improvements to the dwelling

in which you are living to improve the

safety and sanitation of the dwelling:

(1) For not more than a total cost of

$2,500; and,

(2) For not more than one dwelling;

and,

(b) Under Category B, after October 1,

1986, you may receive services one (1)

time, for repairs to the dwelling that you

own and occupy that requires not more

than $35,000 to make the dwelling meet

applicable building code standards; or,

(c) Under Category C, after October 1,

1986, you may receive services one (1)

time, for a modest replacement home.

§ 256.21 Will I need flood insurance?

You will need flood insurance if your

dwelling is located in an area identified

as having special flood hazards under

the Flood Disaster Protection Act of

1973 (Public Law 93–234, 87 Stat. 977).

Your servicing housing office will

advise you.

§ 256.22 Is my Federal Government

assisted dwelling eligible for services under

the Housing Improvement Program?

No. Housing purchased with

Federally subsidized funds are not

eligible for services under the Housing

Improvement Program.

§ 256.23 Are mobile homes eligible for

services under the Housing Improvement

Program?

No. A mobile home with an integral

steel frame, also referred to as a

manufactured home, is not eligible for

any services under the Housing

Improvement Program.

§ 256.24 Can Housing Improvement

Program resources be supplemented with

other available resources?

Yes. Housing Improvement Program

resources may be supplemented through

other available resources for the purpose

of:

(a) Increasing the number of Housing

Improvement Program recipients.

Supplemental funds cannot be used to

increase Housing Improvement Program

limits or the scope of an individual

project; or

(b) Increasing the basic benefits

derived from the Housing Improvement

Program, such as, but not limited to,

providing sanitation facilities, water or

road access.

§ 256.25 What can I do if I disagree with

actions taken under the Housing

Improvement Program?

You may appeal action or inaction by

an official of the Bureau of Indian

Affairs, in accordance with 25 CFR part

2. You may appeal action or inaction by

tribal officials through the appeal

process established by the servicing

tribe.

TABLE A TO PART 256.—OCCUPANCY

AND SQUARE FOOTAGE CHART

Number of

occupants

Number of

bedrooms

Total house

square footage (maximum)

1–4 .................... 2 900

5–7 .................... 3 1050

8+ ...................... 14 11200

1Adequate for all but the very largest families.

TABLE B TO PART 256.—PRIORITY RANKING FACTORS

Factor—Ranking factor and definition Ranking

descriptors Point descriptors

1. Annual Household Income Income/

125%/FPIG*

(% of 125%

of FPIG).

Points

(Maximum=40)

• Must include income of all persons counted in Factors 2, 3, and 4 ........................................................... 0–25 ............. 40

26–50 ........... 30

51–75 ........... 20

• Income includes earned income, royalties, and one-time income .............................................................. 76–100 ......... 10

101–125 ....... 0

2. Aged Persons Years of Age Points

• For the benefit of persons age 55 or older, and ......................................................................................... Less than 55 0

• Must be living in the dwelling ...................................................................................................................... 55 and over 1 point per year

of age over

54

3. Handicapped Individual % of

Handicap

(A%+B%/2)

Points

(Maximum=20)

• Any one (1) handicapped person living in the dwelling .............................................................................. 100% ............ 20

(The percentage of handicap must be based on the average (mean) of the % of disabilities identified

from two (2) sources (A+B) of statements of condition which may include a physician’s certification, Social Security or Veterans Affairs determination, or similar determination.).

or less than

100%.

10

4. Dependent Children Dependent

Child

(Number of

Children).

Points

(Maximum=5)
Federal Register / Vol. 61, No. 136 / Monday, July 15, 1996 / Proposed Rules 36835

TABLE B TO PART 256.—PRIORITY RANKING FACTORS—Continued

Factor—Ranking factor and definition Ranking

descriptors Point descriptors

• Must be under the age of 18 or such other age established for purposes of parental support by tribal or

state law (if any).

1 ................... 0

2 ................... 1

3 ................... 2

• Must live in the dwelling and not be married .............................................................................................. 4 ................... 3

5 ................... 4

6 or more 5.

* FPIG means Federal Poverty Income Guidelines

Dated: June 17, 1996.

Ada E. Deer,

Assistant Secretary—Indian Affairs.

[FR Doc. 96–16673 Filed 7–12–96; 8:45 am]

BILLING CODE 4310–02–P

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Parts 63 and 430

[FRL–5535–5]

RIN 2060–AD03 and 2040–AB53

Effluent Limitations Guidelines,

Pretreatment Standards, and New

Source Performance Standards: Pulp,

Paper, and Paperboard Category;

National Emission Standards for

Hazardous Air Pollutants for Source

Category: Pulp and Paper Production;

Availability

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Notice of availability.

SUMMARY: On December 17, 1993, EPA

proposed standards to reduce the

discharge of water pollutants and

emissions of hazardous air pollutants

from the pulp, paper, and paperboard

industry (58 FR 66078). This document

describes the Agency’s goals for

environmental improvement in this

industry, announces a framework for the

final wastewater standards, and presents

the preliminary results of detailed

analyses for a portion of this industry.

DATES: Comments on this notice are

solicited and will be accepted until

August 14, 1996. Comments are to be

submitted in triplicate, and also in

electronic format (diskettes) if possible.

ADDRESSES: Comments are to be

submitted to Mr. David Hoadley at the

following address: Engineering and

Analysis Division (4303), EPA, 401 M

Street, SW., Washington, DC 20460.

The framework and preliminary

results of detailed analyses being

announced today are based on data and

information in the EPA Water Docket at

EPA Headquarters at Waterside Mall,

room M2616, 401 M Street, SW,

Washington, DC 20460, telephone (202)

260–3027. The Docket staff requests that

interested parties call for an

appointment before visiting the Docket.

A reasonable fee may be charged for

copying.

FOR FURTHER INFORMATION CONTACT: For

questions regarding wastewater

standards, contact Mr. Donald Anderson

at the following address: Engineering

and Analysis Division (4303), EPA, 401

M Street, SW., Washington, DC 20460,

telephone number (202) 260–7189, or

Mr. Ronald Jordan also at this address,

telephone number (202) 260–7115. For

questions regarding air emissions

standards, contact Ms. Penny Lassiter,

Emissions Standards Division (MD–13),

U.S. Environmental Protection Agency,

Research Triangle Park, NC 27711,

telephone number (919) 541–5396.

Contents of This Notice

I. Summary of Notices for this Regulation

II. EPA’s Long-Term Environmental Goals

III. Anticipated Schedule for Issuing Final

Wastewater Standards

A. Schedule for Proposed Bleached

Papergrade Kraft and Soda and Proposed

Papergrade Sulfite Subcategories

B. Scheduled for Proposed Dissolving Kraft

and Dissolving Sulfite Subcategories

C. Schedule for the Remaining Proposed

Subcategories

IV. Post-Proposal Data Gathering

V. Regulatory Framework and Preliminary

Results

A. Proposed Bleached Papergrade Kraft

and Soda Subcategory

1. Preliminary Conclusion Regarding

Technology Basis for BAT

2. Incentives for Further Environmental

Improvements

3. Technology Options for BAT

4. Framework for PSES

5. Pollutant Parameters

6. Best Management Practices

7. Costs for Options A and B

8. Effluent Reduction Benefits

9. Revised Effluent Limitations

a. Changes to Statistical Methodology

b. Revised Effluent Limitations Being

Considered

10. Conventional Pollutant Limitations

(BPT and BCT)

11. Technology Options for NSPS

12. Revised Economic Impact Results

a. Revisions to the Economic Analysis

b. Economic Impacts of BAT Options A

and

c. Cost-Effectiveness

B. Proposed Papergrade Sulfite

Subcategory

1. Preliminary Conclusions Regarding

Technology Basis for BAT

2. Technology Options for BAT

3. Costs

4. Effluent Reduction Benefits

5. Revised Effluent Limitations for BAT

and PSES

6. Conventional Pollutant Limitations

7. Technology Options and Revised

Effluent Limitations for NSPS

8. Economic Impacts

a. Costs and Impacts

b. Cost-Effectiveness

VI. Environmental Assessment

VII. Best Management Practices

VIII. Pretreatment Standards

IX. Implementation Issues

A. Permit Limits for Multiple Subcategory

Mills

B. New Sources

C. Monitoring

D. BMPs as NPDES Permit Special

Conditions

E. Relationship Between the Cluster Rules

and Project XL

F. Summary of Changes to Methods for

Analysis of Pulp and Paper Industry

Wastewaters

1. Method 1624, Volatiles by Purge-andTrap and Isotope Dilution GC/MS

2. Method 1650, AOX by Adsorption and

Coulometric

3. Method 1653, Chlorophenolics by InSitu Derivatization and Isotope Dilution

GC/MS

4. Method NCASI Technical Bulletin No.

253, Color

G. Regulatory Flexibility Analysis

X. Incentives for Further Environmental

Improvements

A. Advanced Technology Tiers

1. Definition of Incentives-Related BAT

Limitations or NSPS by Tier

a. Tier I BAT Limitations

b. Tier II BAT Limitations and NSPS

c. Tier III BAT Limitations and NSPS

2. Basis for Incentives-Related BAT

Limitations and NSPS

3. Legal Authority to Establish IncentivesRelated BAT Limitations and NSPS

B. Incentives Available Prior to

Achievement of Incentives-Related BAT

1. Extended Compliance Schedules