[Federal Register Volume 74, Number 7 (Monday, January 12, 2009)]
[Notices]
[Pages 1227-1228]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-269]
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DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
[Docket No. FR-5275-N-01]
Native American Housing Assistance and Self-Determination
Reauthorization Act of 2008: Initiation of Negotiated Rulemaking
AGENCY: Office of Assistant Secretary for Public and Indian Housing,
HUD.
ACTION: Notice.
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SUMMARY: This notice announces that HUD is initiating negotiated
rulemaking for the purpose of developing regulatory changes to the
programs authorized under the Native American Housing Assistance and
Self-Determination 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 provides background information on the NAHASDA programs and
describes the next steps in the negotiated rulemaking process.
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 at 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
[[Page 1228]]
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 1990 (5 U.S.C. 561-570).
Under the IHBG Program, HUD makes assistance available to eligible
Indian tribes for affordable housing activities. The amount of
assistance made available to each Indian tribe is determined using a
formula that was developed as part of the NAHASDA negotiated rulemaking
process. Based on the amount of funding appropriated annually for the
IHBG Program, HUD calculates the annual grant for each Indian tribe and
provides this information to the Indian tribes. An Indian Housing Plan
for the Indian tribe is then submitted to HUD. If the Indian Housing
Plan is found to be in compliance with statutory and regulatory
requirements, the grant is made. Under the Title VI Loan Guarantee
Program, HUD guarantees notes and other obligations issued by Indian
tribes or their tribally designated housing entities, for the purposes
of financing the eligible activities specified in NAHASDA.
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 several 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.
Through this notice, HUD announces the initiation of the negotiated
rulemaking required by the 2008 Reauthorization Act. This notice also
provides an overview of the next steps in the negotiated rulemaking
process.
II. Negotiated Rulemaking
The basic concept of negotiated rulemaking is to have the agency
that is developing a regulation bring together representatives of
affected interests for face-to-face negotiations. The give-and-take of
the negotiation process is expected to foster constructive, creative
and acceptable solutions to difficult problems. The establishment of
the negotiated rulemaking committee will offer Indian tribal
governments the opportunity to have input into the changes to the IHBG
Program regulations.
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. HUD will be publishing the notice required by section
564 in the Federal Register. HUD's goal is to establish a committee
whose membership reflects a balanced representation of Indian tribes.
When the committee is established, all meetings of the negotiated
rulemaking committee will be announced in the Federal Register and be
open to the public.
Dated: December 31, 2008.
Milan Ozdinec,
Deputy Assistant Secretary for Housing Choice Program, Office of Public
and Indian Housing.
[FR Doc. E9-269 Filed 1-9-09; 8:45 am]
BILLING CODE 4210-67-P