[Federal Register: March 2, 2009 (Volume 74, Number 39)]
[Notices]
[Page 9100-9101]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr02mr09-42]
[[Page 9100]]
=======================================================================
-----------------------------------------------------------------------
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 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 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.
[[Page 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 cross-section 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