[Federal Register Volume 59, Number 190 (Monday, October 3, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-24328]
[[Page Unknown]]
[Federal Register: October 3, 1994]
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DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
Office of the Secretary
24 CFR Part 791
[Docket No. R-94-1752; FR-3737-F-01]
Allocation of Budget Authority for Indian Housing
AGENCY: Office of the Assistant Secretary for Public and Indian
Housing, HUD.
ACTION: Final rule.
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SUMMARY: This rule amends HUD's regulations at 24 CFR part 791 on the
allocation of budget authority with respect to the data to be used in
determining the relative need for housing assistance in each HUD Field
Office jurisdiction for the Indian housing program under 24 CFR part
905.
EFFECTIVE DATE: November 2, 1994.
FOR FURTHER INFORMATION CONTACT: Dom Nessi, Director, Office of Native
American Programs, Room 8204, L'Enfant Plaza, Building 490 East,
Washington, DC 20410; telephone (202) 755-0066; (TDD) (202) 708-9300.
(These telephone numbers are not toll-free.)
SUPPLEMENTARY INFORMATION: Subpart D of 24 CFR part 791 provides the
procedures for allocating budget authority under section 213(d) of the
Housing and Community Development Act of 1974 among the HUD Field
Offices for certain programs specified in 24 CFR 791.101(a). The
regulations currently provide that budget authority for the Indian
housing program under 24 CFR part 905 shall be allocated on the basis
of the relative housing needs of the Indian tribal population, ``as
measured by the Bureau of Indian Affairs, and by data for non-BIA
recognized groups served by the Indian housing program.'' (See 24 CFR
791.402(c)(2).)
The Bureau of Indian Affairs (BIA) no longer provides data upon
which HUD can make its determination. This rule amends
Sec. 791.402(c)(2) to provide that HUD will base its determination upon
data from the most recent, available decennial census and, where
appropriate, more recent data from the Bureau of the Census or other
Federal agencies.
Justification for Final Rule Making
In accordance with its own regulations on rulemaking in 24 CFR part
10, the Department generally publishes a rule for public comment before
issuing a rule for effect, unless to do so would be impracticable,
unnecessary, or contrary to the public interest. This rule is being
published for effect without prior public comment because the
Department believes to do so would be unnecessary. The decennial census
is the source of data used in making determinations for allocating
budget authority in non-Indian housing programs, and therefore, is one
the Department has confidence in as a reliable and objective source.
Other Matters
Environmental Impact
In accordance with 40 CFR 1508.4 of the regulations of the Council
on Environmental Quality and 24 CFR 50.20(k) of the HUD regulations,
the policies and procedures contained in this rule relate only to
internal administrative procedures whose content does not constitute a
development decision nor affect the physical condition of project areas
or building sites and, therefore, are categorically excluded from the
requirements of the National Environmental Policy Act.
Regulatory Flexibility Act
The Secretary, in accordance with the Regulatory Flexibility Act (5
U.S.C. 605(b)), has reviewed this document before publication and by
approving it certifies that the rule would not have a significant
economic impact on a substantial number of small entities. The rule
revises existing procedures for the allocation of housing assistance
funds, but will make no change in the economic impact of these
procedures on small entities.
Executive Order 12606, the Family
The General Counsel, as the Designated Official under Executive
Order 12606, The Family, has determined that this rule will not have a
significant impact on family formation, maintenance, or well-being. 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.
Executive Order 12612, Federalism
The General Counsel, as the Designated Official under section 6(a)
of Executive Order 12612, Federalism, has determined that this rule
does not involve the preemption of State law by Federal statute or
regulation and does not have Federalism implications. Specifically, the
rule will not substantially alter the established roles of HUD and the
States and local governments, including IHAs, in administering affected
programs. As a result, the rule is not subject to review.
Regulatory Agenda
This rule was not listed on the Department's semi-annual regulatory
agenda published on April 25, 1994, at 59 FR 20424, under Executive
Order 12866 and the Regulatory Flexibility Act.
List of Subjects in 24 CFR Part 791
Grant programs--housing and community development, Indians,
Intergovernmental relations, Public housing, Rent subsidies.
Accordingly, 24 CFR part 791 is amended as follows:
PART 791--REVIEW OF APPLICATIONS FOR HOUSING ASSISTANCE AND
ALLOCATIONS OF HOUSING ASSISTANCE FUNDS
1. The authority citation for 24 part 791 continues to read as
follows:
Authority: 42 U.S.C. 1439; 42 U.S.C. 3535(d).
2. Section 791.402 is amended by revising paragraph (c)(2) to read
as follows:
Sec. 791.402 Determination of lower income housing needs.
* * * * *
(c) * * *
(2) Budget authority for the Indian housing program under 24 CFR
part 905 shall be allocated on the basis of the relative housing needs
of the Indian tribal population, based upon data from the most recent,
available decennial census and, where appropriate, upon more recent
data from the Bureau of the Census or other Federal agencies.
* * * * *
Dated: September 20, 1994.
Henry G. Cisneros,
Secretary.
[FR Doc. 94-24328 Filed 9-30-94; 8:45 am]
BILLING CODE 4210-32-P
