[Federal Register Volume 59, Number 67 (Thursday, April 7, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-8189]
[[Page Unknown]]
[Federal Register: April 7, 1994]
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Part IV
Department of the Interior
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Bureau of Indian Affairs
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25 CFR Part 256
Housing Improvement Program; Resource Allocation Methodology; Proposed
Rule
DEPARTMENT OF THE INTERIOR
Bureau of Indian Affairs
25 CFR Part 256
RIN 1076-AD01
Resource Allocation Methodology for the Housing Improvement
Program
AGENCY: Bureau of Indian Affairs, Interior.
ACTION: Proposed rule.
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SUMMARY: This document proposes a revision to the distribution method
for Housing Improvement Program (HIP) funds from a housing inventory
basis to documented eligible applicants. A technical correction is also
made to eliminate Category C, Downpayments which is inconsistent with
the intent of the HIP. A revision is proposed to eliminate individuals
who own a home acquired under Federal housing assistance from the
Department of Housing and Urban Development (HUD) through an Indian
Housing Authority from being served under HIP.
DATES: Comments must be submitted on or before June 6, 1994.
ADDRESSES: All comments concerning these proposed regulations should be
addressed to Ron Thurman, Housing Specialist, Division of Housing
Assistance, Bureau of Indian Affairs, 18th and C Streets NW. (Mail Stop
2525 MIB), Washington, DC 20240.
Request for Comments: Comments are requested from tribes,
individuals, and tribal organizations. The Assistant Secretary--Indian
Affairs, will mail a copy of this Federal Register Notice to all
Federally-recognized Tribes with a personal letter explaining her
support for HIP and her interest in the proper use of HIP funds.
FOR FURTHER INFORMATION CONTACT: Ron Thurman, Housing Specialist,
Division of Housing Assistance, (202) 208-5427.
SUPPLEMENTARY INFORMATION: Since FY 1986, the BIA has distributed HIP
funds using a formula that is based on biennial housing inventories
submitted by individual tribes. The funding calculation formula is
based on 90% of the repair need and up to 10% of the new construction
need indicated by the inventories, except for Alaska where the
percentages are 95% and 35%. These figures are converted to dollars,
and the dollar amount is divided by the number of years required to
complete a work plan. The formula is the basis for proportional
distribution of appropriated funds. The use of percentages based on an
assumed HIP responsibility does not reflect an accurate picture of
individuals eligible for HIP assistance.
For a variety of reasons, many of the housing inventories are not
accurate. Accuracy would require a house-by-house assessment and
completion of a housing inventory work sheet describing the condition
of each house inventoried to support the repair or replacement
decision. Most tribes do not have sufficient qualified personnel with a
construction background to complete the work sheet accurately.
Presently, there is no requirement to determine whether the individual
house is occupied and owned by a person who is eligible for HIP
assistance.
At a meeting in Albuquerque, New Mexico, November 1-5, 1993, the
Joint Tribal/DOI/BIA Reorganization Task Force recommended that HIP be
transferred in FY 1995 to the Tribal Priority Allocation (TPA) section
of the budget where program priorities and funding levels are
established by individual tribes. They further recommended that the
resource allocation methodology for HIP be revised from housing
inventory to documented eligible applicants to ensure that funding
distribution better responds to need.
The policy of the Department of the Interior is, whenever
practical, to afford the public an opportunity to participate in the
rulemaking process. Accordingly, interested persons may submit written
comments regarding the proposed rule to the location identified in the
Addresses section of this document.
The Department has certified to the Office of Management and Budget
that these proposed regulations meet the applicable standards provided
in sections 2(a) and 2(b)(2) of Executive Order 12778.
The Department of the Interior has reviewed this document under
Executive Order 12866. This 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.).
In accordance with E.O. 12630, the Department has determined that
this rule does not have significant takings implications.
The Department has determined that this rule does not have
significant federalism effects.
The Department of the Interior 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.
The information collection requirement contained in this part has
been approved by the Office of Management and Budget as required by 44
U.S.C. 3501 et seq. and assigned clearance number 1076-0084.
The primary author of this document is Kay C. Keely, Acting Chief,
Division of Housing Assistance.
List of Subjects in 25 CFR Part 256
Grant programs--housing and community development, Grant programs--
Indians, Housing, Indians, Reporting and recordkeeping requirements.
For the reasons set out in the preamble, part 256 of title 25,
chapter I of the Code of Federal Regulations is proposed to be amended
as set forth below.
1. The authority citation for 25 CFR Part 256 continues to read:
Authority: 42 Stat. 208. (25 U.S.C. 13).
2. Section 256.3 (c) and (d) is revised to read as follows:
Sec. 256.3 Policy.
* * * * *
(c) Beginning in FY 1995 HIP funds will be distributed to tribes
proportionally based upon the total number of documented program-
eligible applicants submitted by all tribes. Tribes shall make every
effort to advertise the opportunity to apply for housing assistance to
all member and non-member Indians residing within the designated
service area. Tribes shall review HIP applications for eligibility in
accordance with Sec. 256.6 and ensure that appropriate records and
documents to verify eligibility are on file. On or before August 1,
1994, each Tribe shall submit to the Area Office a list of documented
program-eligible applicants that also specifies the category of service
to be provided to each applicant. This list shall be accompanied by the
applications and a tribal resolution affirming the accuracy of the
list. The Area housing staff will review the HIP applications and
certify that they have done so before submitting the list of documented
eligible applicants to the Central Office. In some instances, it may be
easier for the Area housing staff to inspect the applications at the
tribal offices. This decision may be made locally.
(d) Beginning in FY 1995, HIP funds shall be included in the Tribal
Priority Allocation (TPA) section of the BIA budget. Beginning in FY
1996, each tribe shall establish its own funding level for HIP within
the TPA allocation based upon the number of eligible applicants it
plans to serve in that year. Tribes are encouraged to provide adequate
funding to meet the housing needs of individuals residing within the
designated service area. Every effort shall be made to use HIP funds in
conjunction with other programs so that the result will be a greater
amount of housing improvements than would otherwise be possible with
the HIP funds alone. Other funding sources shall be used only to
supplement HIP funds, not as a means to exceed the regulatory cost
limits for the category of service.
Sec. 256.4 [Removed]
3. Section 256.4 (c) is removed.
Sec. 256.6 [Amended]
4. Section 256.6(c) is revised to read as follows:
* * * * *
(c) Houses financed by the Department of Housing and Urban
Development (HUD) shall not be eligible for assistance under HIP.
5. The introductory paragraph of Sec. 256.7 is revised to read as
follows:
Sec. 256.7 HIP selection criteria.
At least every two years, each tribe shall develop a single
priority list of applicants who satisfy the eligibility requirements of
Sec. 256.6. The priority list shall be developed using a ranking system
based upon five basic factors of need: Annual income, family size,
overcrowded living conditions, age, and handicap or disability.
Eligible applicants may receive points for any or all of these five
criteria in accordance with the point schedule contained in Appendix A
of this part. Individuals with a total score below zero, as a result of
earning negative points for income, shall not be considered eligible
and shall not be served. Housing assistance will be provided to
individuals in priority order based upon the number of points earned.
Eligibility information should be revalidated before service is
actually provided.
* * * * *
6. Section 256.7(f) is removed.
7. In Appendix A to part 256--Summary of Selection Criteria--Point
Schedule Factor No. 6 is removed.
Dated January 27, 1994.
Ada E. Deer,
Assistant Secretary--Indian Affairs.
[FR Doc. 94-8189 Filed 4-6-94; 8:45 am]
BILLING CODE 4310-02-M
