95-15908. Submission of Proposed Information Collection to OMB for Indian Housing Program; Amendments  

  • [Federal Register Volume 60, Number 125 (Thursday, June 29, 1995)]
    [Notices]
    [Pages 33814-33839]
    From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
    [FR Doc No: 95-15908]
    
    
    
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    DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
    
    Assistant Secretary for Public and Indian Housing
    [Docket No. N-95-1742; FR-3646-04]
    
    
    Submission of Proposed Information Collection to OMB for Indian 
    Housing Program; Amendments
    
    AGENCY: Office of the Assistant Secretary for Public and Indian 
    Housing, HUD.
    
    ACTION: Notice.
    
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    SUMMARY: The proposed information collection requirements described 
    below have been submitted to the Office of Management and Budget (OMB) 
    for review, as required by the Paperwork Reduction Act. The Department 
    is soliciting public comment on the subject proposal. Comments should 
    refer to the proposal by name and should be sent to: Joseph F. Lackey, 
    Jr., OMB Desk Officer, Office of Management and Budget, New Executive 
    Office Building, Washington, D.C. 20503; or Joan Campion, Rules Docket 
    Clerk, Department of Housing and Urban Development (HUD), 451 7th 
    Street, S.W., Washington, D.C. 20410.
    
    FOR FURTHER INFORMATION CONTACT: Kay F. Weaver, Reports Management 
    Officer, Department of Housing and Urban Development (HUD), 451 7th 
    Street, S.W., Room 4178, Washington, D.C. 20410. (202) 708-0050. This 
    is not a toll-free number. Copies of the documents submitted to OMB may 
    be obtained from Mr. Weaver.
    
    SUPPLEMENTARY INFORMATION: This Notice informs the public that the 
    Department of HUD has submitted to OMB, for expedited processing, an 
    information collection package with respect to information required for 
    the Indian Housing Program: Amendments. It is also requested that OMB 
    complete its review within 15 days.
        The Department has submitted the proposal for the collection of 
    information, as described below, to OMB for review, as required by the 
    Paperwork Reduction Act (44 U.S.C. chapter 35).
        (1) Title of the information collection proposal: Indian Housing 
    Program: applications, certifications, resident consultation, 
    reporting, agreements, plans, operating budget and supporting 
    documentation, Indian preference, schedules, conversion proposals etc.
        (2) Office of the agency to collect the information: Office of the 
    Assistant Secretary for Public and Indian Housing.
        (3) Description of the need for the information and its proposed 
    use: The information that will be collected are necessary for HUD to 
    implement various Indian Housing Programs, to approve eligible 
    applicants for grant funding under these programs and to monitor the 
    effectiveness of the programs for meeting its purpose. Establishing 
    resident admissions and occupancy procedures, resident involvement/
    consultation during application processing, and notifications are 
    required by HUD statute.
        (4) Agency form numbers: HUD-52730, HUD-3188, HUD-53045/53045A
        (5) Members of the public who will be affected by the proposal: 
    Indian Housing Authorities
        (6) How frequently information submissions will be required: One-
    time; reporting annually.
        (7) An estimate of the total number of hours needed to prepare the 
    information submission including number of respondents, frequency of 
    response, and hours of response: 69,426 Total Burden Hours, 191 IHAs/
    2,100 Residents, one-time average 35 hours.
        (8) Whether the proposal is new or an extension, reinstatement, or 
    revision of an information collection requirement: new and 
    reinstatement.
        (9) The names and telephone numbers of an agency official familiar 
    with the proposal and of the OMB Desk Officer for the Department: 
    Deborah Lalancette, HUD, (202) 755-0088, Joseph Lackey, Jr., OMB, (202) 
    395-7316.
    
        Authority: Section 3507 of the Paperwork Reduction Act, 44 
    U.S.C.; Section 7(d) of the Department of Housing and Urban 
    Development Act, 42 U.S.C. 3535(d).
    
        Dated: June 22, 1995.
    Michael B. Janis,
    General Deputy Assistant Secretary for Public and Indian Housing.
    Notice of Submission of Proposed Information Collection to OMB
    
        Proposal: Indian Housing Program; Amendments; Final Rule Parts 905 
    and 950.
        Office: Office of Native American Programs.
        Description of the Need for the Information and its Proposed Use: 
    The information that will be collected are necessary for HUD to 
    implement various Indian Housing Programs, to approve eligible 
    applicants for grant funding under these programs and to monitor the 
    effectiveness of the programs for meeting its purpose. Establishing 
    resident admissions and occupancy procedures, resident involvement/
    consultation during application processing, and notifications are 
    required by HUD statute.
    
    [[Page 33815]]
    
        Form Numbers: HUD-52730, HUD-3188, HUD-53045/HUD-53045A.
        Respondents: Indian Housing Authorities.
        Reporting Burden:
    
    ----------------------------------------------------------------------------------------------------------------
                                                 Number of            Frequency of         Hours per        Burden  
                                                respondents     x      responses      x    response    =     hours  
    ----------------------------------------------------------------------------------------------------------------
    Application Development; Site Report;                191                     1        Varies             69,426 
     Cost Budget; Certifications; Plans;                                                                            
     Agreements; Operating Budgets;                                                                                 
     Notification; Documentation; Reporting.                                                                        
    ----------------------------------------------------------------------------------------------------------------
    
        Status: Reinstatement.
        Contact: Debbie Lalancette, HUD, (202) 755-0088.
    
        Dated: June 22, 1955.
    
    Part 950--Indian Housing: Revised Consolidated Program Regulations
    
    A. Justification
    
        1. Approval is requested for information collections (new (N) and 
    existing without OMB Approval (E). The Indian Housing Act of 1988 
    (Public Law 100-358, 102 Stat. 676) created a separate Title II of the 
    U.S. Housing Act of 1937 (42 U.S.C. 1437aa). The Indian Housing Revised 
    Consolidated Program Regulations (Part 905) were drafted to implement 
    the Indian Housing Act of 1988. HUD has reviewed these regulations and 
    added a new Part 950 which contains the Indian Housing consolidated 
    regulations that were previously set forth in 24 CFR part 905. In 
    addition, Part 950 amends a number of the Indian Housing consolidated 
    regulations to simplify program processes, reduce the number of 
    regulatory requirements, and provide more flexibility to local Tribal 
    and Indian housing authority officials.
        (E) Section 950.135(e)--Indian Housing Authorities (IHAs) must 
    prepare and submit a management improvement plan to the Field Office of 
    Native American Programs (FONAP) when it is informed that it lacks 
    administrative capability. The Plan must describe in detail the method 
    for correction of existing deficiencies to achieve administrative 
    capability and the time schedule to be maintained. The Plan shall be 
    approved by the IHA Board of Commissioners and is subject to HUD 
    approval.
        (E) Section 950.135 (f)--An IHA may be classified as ``high risk'' 
    and determined ineligible for certain types of future funding related 
    to the classification of the risk, or may be determined eligible for 
    future funding but subject to special conditions or restrictions 
    corresponding to the high risk classification. Some of the special 
    conditions could be submission to HUD of additional documentation, more 
    detailed financial reports; establishing additional approval by HUD.
        (E) Section 950.135(g)--An IHA may appeal a corrective action order 
    or a determination of high risk status to the Administrator, Field 
    Office of Native American Programs (FONAP). The appeal must be in 
    writing. An IHA may appeal the decision of the FONAP Administrator to 
    the Director of ONAP, Headquarters if the case involves actions related 
    to a determination of ineligibility of funding for the upcoming funding 
    cycle. The appeal must be writing.
        (E) Section 950.160(a)(4)--An IHA shall maintain records sufficient 
    to detail significant history of an procurement i.e., solicitation and 
    award procedures comply with State, tribal, or local laws, award does 
    not exceed approved budget amount, IHA renewed contractor's 
    qualifications.
        (E) Section 950.160(b)--All IHAs must adopt and promulgate rules 
    and regulations for the procurement and administration of supplies, 
    materials, services, and equipment in connection with the development 
    and operations of its projects. As soon as these standards, rules or 
    regulations are adopted, or modified, the IHA must submit a copy to 
    HUD.
        (E) Section 950.175--Indian Preference requirements of 7(b) of the 
    Indian Self-determination and Education Assistance Act apply to all 
    procurement under a contract with the IHA. If only one bids received 
    the IHA must request a HUD review in accordance with 24 CFR 85.36 in 
    order to award the contract to the single bidder. (Current OMB Number 
    2577-0076, expires 8/31/95.)
        (E) Section 950.215--The development project production methods are 
    determined by the IHA. If HUD disapproves of the preferred development, 
    the IHA must be provided justification for the disapproval. In all 
    cases where the IHA chooses the Force Account method prior HUD approval 
    must be obtained. The IHA must demonstrate that it has the technical 
    and administrative capability to complete the project within the 
    projected time and budget. (Current OMB Number 2577-0030, expires 2/28/
    97.)
        (E) Section 950.225--Application for a project are submitted in 
    response to a NOFA published by HUD. The applicant must submit 
    information to HUD which enables the Department to rate and rank 
    applications under the competitive process. (2577-0030)
        (E) Section 950.229--The IHA shall submit for HUD review and 
    acceptance a development cost budget showing anticipated expenditures 
    and any needed supporting documentation before funds can be obligated 
    or expended. (Current OMB 2577-0032, expires 8/31/95.)
        (N) Section 950.230--At the beginning of the development planning 
    process, an IHA prepares a schedule of activities guiding the process. 
    The schedule, and any amendments thereto, are provided to HUD to be 
    used in planning and monitoring activities.
        (E) Section 950.231--Upon notification of a development grant 
    approval, the IHA shall schedule a project coordination meeting to plan 
    and schedule the steps needed to develop the project. IHA shall 
    establish a schedule of planning activities with target dates for 
    completion of key activities. The schedule, and any amendments thereto, 
    shall be provided to meeting participants and to HUD to be used in 
    planning and monitoring activities. (2577-0030)
        (N) Section 950.247--The need to submit the required documents are 
    the direct results of the change in the environmental review process 
    for public and Indian Housing programs. A statutory change moved the 
    environmental review responsibility from the HUD field office staff to 
    the tribal government. The process now requires the tribe to complete 
    the environmental review and provide the IHA a written certification 
    reflecting the completion of the process and the nature of the 
    findings. The IHA will submit the certification along with a request 
    for release of funds to the area ONAP for each project to be 
    undertaken.
        (E) Section 950.250(a)--IHAs must certify to HUD that all 
    conditions that would prevent the site from being included in the 
    project have been 
    
    [[Page 33816]]
    satisfactorily addressed. (Current OMB Number 2577-0031, expires 4/30/
    95.)
        (E) Section 950.260--Upon completion of the project planning stage 
    the IHA must submit to HUD a development cost budget, certification 
    attesting to the completion of all preconstruction activities and 
    project characteristic information. The information should be submitted 
    in accordance with the schedule established at the project coordination 
    meeting. This information will be used to determine compliance with 
    program requirements and concerned when determining the IHA's 
    administrative capacity. If the IHA's submission is not sufficient to 
    meet the requirements of this section, HUD will notify the IHA and 
    allow the IHA to amend or resubmit the documents. (Current OMB Number 
    2577-0032, expires 8/31/95.)
        (E) Section 950.265--Upon award of a construction contract, 
    execution of a contract of sale, or start of construction, an IHA 
    notifies HUD and submits a revised development cost budget, and a 
    certification that all ACC, statutory, and regulatory requirements have 
    been met. If requested, an IHA shall submit copies of construction 
    plans and specifications, the construction or contract of sale, 
    detailed plans for Force Account construction management, notice to 
    proceed, or other applicable contracting documents. These items are 
    necessary to allow HUD to monitor the compliance of IHAs with the ACC 
    and related regulatory requirements for contracting. (Current OMB 
    Number 2577-0039, expires 5/31/95; 2577-0011, expires 8/31/96; 2577-
    0015 expires 8/31/95; 2577-0027, expires 7/31/96; 2577-0037, expires 3/
    31/97.)
        (E) Section 950.270--When the IHA accepts all or any part of a 
    project, notification shall be provided to HUD. When all units are 
    accepted by the IHA, the IHA shall notify HUD of the date the units 
    were available for occupancy by the residents. At the end of the rent-
    up period the IHA shall notify HUD.
        (E) Section 950.285--Upon completion of development and payment of 
    all debts to contractors and suppliers, an IHA shall submit a 
    certificate of actual development cost and audit verification of 
    expenditures. This requirement allows HUD to close the development 
    grant. (Current OMB Number 2577-0036, expires 5/31/96.)
        (E) Section 950.301(a)--IHAs must adopt and promulgate written 
    policies for admission of participants. The policies shall cover all 
    programs operated by the IHA. A copy shall be posted prominently in the 
    IHA's office for examination by prospective participants. (2577-0003 at 
    OMB for review and approval.)
        (E) Section 950.308(a)--IHAs must submit a plan to the local Office 
    of Native American Programs for approval prior to allowing the 
    admission to Indian housing of police officers and other security 
    personnel who are not otherwise eligible for such housing under any 
    other admission requirements or procedures. The Plan must identify 
    total number of units, location of units to be occupied, amount of rent 
    to be paid, extent of the crime problem, and the benefits to the 
    community and the IHA. (Current OMB Number 2577-0185, expires 3/31/96)
        (E) Section 950.335--Each IHA shall establish and adopt, written 
    policies sufficient to assure the prompt payment and collection of rent 
    and homebuyer payments. A copy of the written policies shall be posted 
    prominently in the IHA office.
        (E) Section 950.340--Each IHA shall adopt grievance procedures that 
    are appropriate to local circumstances and shall assure that tenants 
    and homebuyers of these procedures.
        (E) Section 950.345(a)--Each IHA shall adopt written policies to 
    assure full performance of the respective maintenance responsibilities 
    of the IHA and tenants. A copy of such policies shall be posted 
    prominently in the IHA office.
        (E) Section 950.360(a)--Each IHA shall adopt written policies with 
    respect to the IHA's own employment practices. A copy of these 
    regulations shall be posted in the IHA office.
        (E) Section 950.416(C)--Each IHA shall maintain a waiting list, 
    separate from any other IHA waiting list, of families that have applied 
    for MH housing and meet the admission requirements. The IHA shall 
    maintain a Mutual Help waiting list in accordance with requirements 
    prescribed by HUD and shall make selections in the order in which they 
    appear on the list.
        (E) Section 950.422(a)--The IHA must notify the homebuyer in 
    writing, once all requirements for occupancy have been met, that the 
    home is available for occupancy as of a date specified in the notice.
        (E) Section 950.428(a)--Each IHA shall establish and adopt written 
    policies to assure full performance of the respective maintenance 
    responsibilities of the IHA and homebuyers in the Mutual Help Program. 
    A copy of such written policies shall be posted in the IHA office and 
    provided to an applicant or homebuyer upon entry into the program.
        (E) Section 950.428(c)--The IHA shall enforce the provisions of a 
    Mutual Help Occupancy (MHO) Agreement for homebuyer maintenance of the 
    home. The IHA shall conduct a complete interior and exterior 
    examination of each home on a schedule developed by the IHA that 
    ensures that the home is maintained in decent, safe, and sanitary 
    condition and shall furnish a copy of the inspection report to the 
    homebuyer. (OMB Number 2577-0114, expired 8/31/93)
        (E) Section 950.432(a)--An IHA shall prepare an operating budget 
    and approriate documentation. (OMB Number 2577-0026, expires 10/31/97)
        (E) Section 950.446(a)--In the event the homebuyer fails to comply 
    with any of the obligations of the MHO Agreement, the IHA may terminate 
    the MHO Agreement by written notice to the homebuyer, enforced by 
    eviction procedures applicable to landlord-tenant relationships. (OMB 
    Number 2577-0114)
        (E) Section 950.452(a)--Each IHA shall provide an annual statement 
    to the homebuyer that sets forth the credits and debits to the 
    homebuyer equity accounts and reserves during the year and the balance 
    in each account at the end of each IHA fiscal year. The statement shall 
    also set forth the remaining balance of the purchase price. (OMB Number 
    2577-0114)
        (E) Section 950.455(a)--IHAs may apply to the local Field Office of 
    Native American Programs for approval to convert any or all of the 
    units in an existing rental project to the MH program. The request must 
    contain information demonstrating legal sufficiency, Tribal acceptance, 
    demonstration of family interest, evidence units are habitable, and 
    financial feasibility.
        (E) Section 950.458(a)--IHAs may apply to the local Field Office of 
    Native American Programs for approval to convert any or all Mutual Help 
    project units to the rental program. The request must contain 
    information demonstrating legal sufficiency, Tribal acceptance, 
    demonstration of family interst, and financial feasibility.
        (E) Section 950.480 and Section 950.485--The Self-Help Agreement, 
    executed by the IHA and the families in a group selected by the IHA to 
    participate in a Self-Help Program, will be contingent upon HUD's 
    approval of the development program. The application for a Self-Help 
    development method of Mutual-Help project shall comply with the general 
    requirements of Section 950.225. (OMB Number 2577-0112, expired 6/30/
    93)
    
    [[Page 33817]]
    
        (E) Section 950.495--If the participating family fails to provide 
    its labor contribution, as required in accordance with its agreement, 
    the IHA shall declare the family in default and terminate its 
    participation in the project. The IHA selects an alternate family to 
    take over responsibilities of the terminated family. After counseling, 
    the IHA shall declare the families in default and convert the project 
    to a regular Mutual Help project. The IHA's plan for completing the 
    project shall be submitted to HUD for review and counsel prior to 
    terminating the SH project.
        (E) Section 950.503--An IHA may apply to the local Field Office of 
    Native American Programs for approval to convert any or all of the 
    units in an existing Turnkey III development to the rental or MH 
    program. The request must contain information demonstrating legal 
    sufficiency, Tribal acceptance, demonstration of family interest, and 
    financial feasibility.
        (E) Section 950.517--The IHA shall establish and maintain a 
    separate Earned Home Payments Account (EHPA) for each homebuyer. The 
    IHA shall provide an annual statement to each homebuyer specifying the 
    amounts in the EHPA. Any maintenance or repair done on the dwelling by 
    the IHA which is chargeable to the EHPA shall be accounted for through 
    a work order, a copy of which shall be sent to the homebuyer.
        (E) Section 950.519(a)--The IHA shall establish and maintain a 
    separate Nonroutine Maintenance Reserve (NRMR) for each home, using a 
    portion of the homebuyer's monthly payment.
        (E) Section 950.529--In the event a homebuyer should breach the 
    Homebuyer Ownership Opportunity Agreement by failure to make the 
    required monthly payment or other documented reasons, the IHA may 
    terminate the agreement 30 days after giving the homebuyer written 
    notice of its intention to do so.
        (E) Section 950.618--IHAs must consult with local officials and 
    residents/homebuyers and develop an application for obtaining approval 
    of a modernization program. IHA's must respond in writing to residents, 
    resident organization, or RMC, indicating its acceptance or rejection 
    of resident recommendations. (Current OMB Number 2577-0044, expires 1/
    31/96)
        (E) Section 950.651--For each six month period until completion of 
    a modernization program or expenditure of all funds, an IHA shall 
    submit a report to the local Field Office of Native American Programs 
    (FONAP). The report shall include obligations and expenditures, 
    progress against the approved schedule and management improvement 
    progress where applicable. (Current OMB Number 2577-0044, expires 1/31/
    96)
        (E) Section 950.669--In its first year of participation in the 
    Comprehensive Grant Program (CGP), each IHA shall verify and provide 
    data to HUD, in a form and at a time to be prescribed by HUD, 
    concerning IHA and development characteristics, so that HUD can develop 
    the IHA's annual funding allocation under CGP. (Current OMB Number 
    2577-0157, pending OMB review and approval)
        (E) Section 950.672--An IHA is required to develop, implement, 
    monitor and annually amend portions of its Comprehensive Plan in 
    consultation with residents of the developments covered by the 
    Comprehensive Plan and with democratically elected resident groups. 
    Annually, the IHA shall submit to HUD, with its Annual Submission, an 
    update of its Five-Year Action Plan, eliminating the previous year and 
    adding an additional year. (OMB Number 2577-0157, pending OMB review 
    and approval)
        (E) Sections 950.675, 950.678, 950.684, 950.687--IHAs submit 
    Comprehensive Plan (including the Five-Year Action Plan), or any 
    amendment to the plan for HUD review and approval. IHAs submit 
    documents which include the Annual Statement, Work Statements for years 
    two through five of the Five-Year Action Plan, local government 
    statement, IHA Board Resolution, materials demonstrating the 
    partnership process, and any other documents as prescribed by HUD. The 
    IHA shall submit a Performance and Evaluation Report in a form and at a 
    time to be prescribed by HUD, describing its use of assistance in 
    accordance with the approved Annual Statement. (OMB Number 2577-0157)
        (E) Section 950.720--In determining the PFS operating subsidy, 
    units shall not be included in the calculation of unit months 
    available. Units approved for deprogramming shall be listed by IHA and 
    supporting documentation regarding direct costs attributable to such 
    units. IHA shall submit a certification with its PFS calculation that 
    the units are being used for the purpose for which they were approved 
    and that rental income generated as a result of the activity is 
    reported as income in the operating subsidy calculation. The IHA shall 
    maintain specific documentation of the units covered, i.e., listing of 
    units and project/management control numbers. (Current OMB Number 2577-
    0071, expires 5/31/97)
        (E) Section 950.730--IHAs that are eligible for adjustments may 
    only make a request for such adjustments at the time it submits the 
    operating budget for the first budget year under PFS. A request under 
    this paragraph shall include a calculation of the amount per-unit per-
    month of requested increase in the Base Year Expense Level, and shall 
    show the requested increase as a percentage of the Base Year Expense 
    Level. (Current OMB Number 2577-0071, expires 11/30/97)
        (E) Section 950.770--An IHA may prepare and submit a Comprehensive 
    Occupancy Plan (COP) to HUD. The COP shall provide a general IHA-wide 
    strategy for returning to occupancy or deprogramming all vacant units 
    and a specific strategy for returning to occupancy or deprogramming 
    units for each project that has an occupancy percentage of less than 97 
    percent.
        (E) Section 950.805--All IHAs shall complete an energy audit for 
    each IHA-owned project under management. Energy audits shall analyze 
    all of the energy conservation measures, and the payback period for 
    these measures, that are pertinent to the type of buildings and 
    equipment operated by the IHA. A benefit/cost analysis shall be made to 
    determine whether a change from a mastermetering system to individual 
    meters will be cost effective. (OMB Number 2577-0062, pending 
    reinstatement)
        (E) Section 950.923 and Section 950.931--IHAs shall submit its 
    demolition or disposition application to HUD in accordance with Section 
    18 of the United States Housing Act of 1937. The application shall 
    include complete documentation that all requirements have been met; 
    written documentation that resident management corporation, resident 
    organization and resident cooperative of the affected development have 
    been apprised of their opportunity to purchase. (Current OMB Number 
    2577-0075, expires 4/30/97)
        (E) Section 950.935--Replacement Housing Plan. (Current OMB Number 
    2577-0075, expires 4/30/97)
        (E) Section 950.964--An IHA shall provide the residents or any 
    resident organization with current information concerning the IHA's 
    policies on resident participation in management. The IHA and Resident 
    Organization shall put in writing their understanding concerning the 
    elements of their relationship. A management contract between the IHA 
    and a RMC is required for resident management. Section 950.988 Each IHA 
    receiving a grant shall submit to the Area ONAP annual progress report 
    describing and evaluating the use of grant amounts 
    
    [[Page 33818]]
    received under this program. (Current OMB Number 2577-0087, expires 1/
    31/96)
        (E) Section 950.1005--In developing a proposed homeownership plan, 
    and in carrying out the plan after HUD approval, the IHA shall consult 
    with residents of the development involved, and with any resident 
    organization that represents them, as necessary and appropriate to 
    provide them with information and a reasonable opportunity to make 
    their views and recommendations known to the IHA. (Current OMB Number 
    2577-0201, expires 5/31/97)
        (E) Section 950.1017--The IHA shall be responsible for the 
    maintenance of records (including sale and financial records) for all 
    activities incident to implementation of the homeownership plan. 
    (Current OMB Number 2577-0201, expires 5/31/97)
        (E) Section 950.1020--Content of homeownership plan. Section 
    950.1021--Supporting documentation. (Current OMB Number 2577-0210, 
    expires 5/31/97)
        (E) Section 950.3011--An IHA shall have a HUD-approved Action Plan 
    that complies with specific requirements to participate in the Family 
    Self-Sufficiency Program. Section 950.3030 Each IHA that carries out an 
    FSS program shall submit to HUD a report regarding its FSS program as 
    outlined in this section. (OMB Number 2577-0178, expires 6/30/95)
        OMB Approval Number 2577-0130 was allowed to expire off the 
    inventory inadvertently. HUD was in the process of drafting, clearing 
    and publishing a Proposed Rule which allowed the public to comment on 
    changes in the Indian Housing Program. A Final rule was published on 
    April 10, 1995 (copy attached). HUD is requesting in this justification 
    that that OMB Approval Number be reinstated. This reinstatement will 
    cancel the following OMB Approval Numbers: 2577-0076, 2577-0030, 2577-
    0032, 2577-0031, 2577-0185. The burden hours associated with these 
    numbers have been included in Item 12 of this justification. It is 
    HUD's intend to incorporate all the information collection for this 
    Rule under one OMB approval number 2577-0130. Burden hours have been 
    calculated for each section of the Rule.
        2. The information will be provided by IHAs and used by HUD in 
    monitoring administrative capability, procurement procedures required 
    by 24 CFR 85.36, funding eligible applicants for project development, 
    approving development cost budgets, contract administration, 
    certifications/verifications, lease and grievance procedures, waiting 
    lists, administration of Mutual Help Program, approving operating 
    budgets, funding Comprehensive Improvement Assistance and Comprehensive 
    Grant Programs, statutory compliance to conduct energy audits, 
    approving demolition/disposition requests, Homeownership and Family 
    Self-Sufficiency Programs. Information is submitted one-time or 
    annually.
        3. There has been no consideration of information technology to 
    reduce the burden.
        4. The information collected does not reflect any duplication of 
    effort since information provided must be updated annually by the 
    Indian housing authority so that requests for funding can be reviewed 
    annually based on current information.
        5. The collection of information does not have an significant 
    impact on a number of small businesses or other small entities.
        6. The information collection must be conducted and could not be 
    collected less frequently than one-time or annually. Most of the 
    information requires IHAs to prepare applications, proposals to be 
    approved for grant funding on a fiscal year basis.
        7. The information collection is not to be conducted in a manner 
    inconsistent with the general information collection guidelines in 5 
    CFR 1320.6.
        8. HUD consulted with the National American Indian Housing Council, 
    regional IHA associations, its six Native American Program Area 
    Offices, and other IHA representatives on the structure of this 
    Program. The Proposed Rule stage allowed for additional public comments 
    to be submitted to HUD for review and consideration.
        9. HUD does not require an assurance of confidentiality provided to 
    respondents.
        10. HUD does not ask any questions of a sensitive nature.
        11. There is no cost to the Federal Government and respondents.
        12. The reporting burden calculation is attached.
        13. There has been a significant decrease in the number of burden 
    hours on the Indian housing authority (IHA) with the publication of 
    this regulation. For IHAs with administrative capability, document 
    submission such as development programs and operating budgets have been 
    eliminated from this rule. Also, only those IHAs with a corrective 
    action order are required to submit a management improvement plan. 
    Similar decreases have taken place throughout the rule with an emphasis 
    on paperwork reduction.
        14. These information collections will not be published.
        12. The following estimates are provided for the information 
    collection burden associated with the reporting and recordkeeping 
    burden for this rule:
    
    --------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                                               Total                        
                  Descpt. of information collection                          Section of 24 CFR affected             No. of     annual    Hrs. per    Total  
                                                                                                                   respdts.   respns.    respns.     hours  
    --------------------------------------------------------------------------------------------------------------------------------------------------------
    Management Improvement Plan Reqs.............................                        950.135 (e) (f) and (g)         60          1         24      1,440
    Maintain Procurement Records.................................                                  950.160(a)(4)        191  .........        .30         57
    Adopt & Submit Procurement Rules.............................                                     950.160(b)        191          1          8      1,528
    Preference Requirements......................................                                        950.175      1,815          1        1.8      2,945
    Development Application Requirements.........................                                        950.215                                            
                                                                                                         950.225                                            
                                                                                                         950.230                                            
                                                                                                         950.231        130          1          8      1,040
    Development Cost Budget......................................                                        950.229        130          1         12      1,560
    Environmental Review Documents...............................                                        950.247        130          1          4        520
    Preliminary Site Report......................................                                     950.250(a)        130          1          5        650
    Contract Documents, Plan, Specs. Notice to Proceed etc.......                                        950.265        130          1         40      5,200
    Notification to HUD Units Available for Occupancy; Rent-up                                                                                              
     Period......................................................                                        950.270        130          1          3        390
    Certificate Actual Development Costs.........................                                        950.285        130          2          8     2,080 
    
    [[Page 33819]]
                                                                                                                                                            
    Resident Participation in Management; Contract; Grantees                                                                                                
     Report......................................................                                        950.964         60          2         30      3,600
    Homeownership Plan; records; Documentation...................                                       950.1005                                            
                                                                                                        950.1017                                            
                                                                                                        950.1020         15          1         16        240
    Action Plan Family Self Sufficiency; Reporting...............                                       950.3011         10          1         16        160
                                                                                                                                                            
                                                                  ------------------------------------------------------------------------------------------
        Total Reporting Burden...................................                                                                                     69,426
    --------------------------------------------------------------------------------------------------------------------------------------------------------
    
    
    
    BILLING CODE 4210-33-M
    
    [[Page 33820]]
    [GRAPHIC][TIFF OMITTED]TN29JN95.004
    
    
    
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    [GRAPHIC][TIFF OMITTED]TN29JN95.005
    
    
    
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    [GRAPHIC][TIFF OMITTED]TN29JN95.006
    
    
    
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    [GRAPHIC][TIFF OMITTED]TN29JN95.007
    
    
    
    [[Page 33824]]
    [GRAPHIC][TIFF OMITTED]TN29JN95.008
    
    
    
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    [GRAPHIC][TIFF OMITTED]TN29JN95.009
    
    
    
    [[Page 33826]]
    [GRAPHIC][TIFF OMITTED]TN29JN95.010
    
    
    
    [[Page 33827]]
    [GRAPHIC][TIFF OMITTED]TN29JN95.011
    
    
    
    [[Page 33828]]
    [GRAPHIC][TIFF OMITTED]TN29JN95.012
    
    
    
    [[Page 33829]]
    [GRAPHIC][TIFF OMITTED]TN29JN95.013
    
    
    
    [[Page 33830]]
    [GRAPHIC][TIFF OMITTED]TN29JN95.014
    
    
    
    [[Page 33831]]
    [GRAPHIC][TIFF OMITTED]TN29JN95.015
    
    
    
    [[Page 33832]]
    [GRAPHIC][TIFF OMITTED]TN29JN95.016
    
    
    
    [[Page 33833]]
    [GRAPHIC][TIFF OMITTED]TN29JN95.017
    
    
    
    [[Page 33834]]
    [GRAPHIC][TIFF OMITTED]TN29JN95.018
    
    
    
    [[Page 33835]]
    [GRAPHIC][TIFF OMITTED]TN29JN95.019
    
    
    
    [[Page 33836]]
    [GRAPHIC][TIFF OMITTED]TN29JN95.020
    
    
    
    [[Page 33837]]
    [GRAPHIC][TIFF OMITTED]TN29JN95.021
    
    
    
    [[Page 33838]]
    [GRAPHIC][TIFF OMITTED]TN29JN95.022
    
    
    
    [[Page 33839]]
    [GRAPHIC][TIFF OMITTED]TN29JN95.023
    
    
    
    [FR Doc. 95-15908 Filed 6-28-95; 8:45 am]
    BILLING CODE 4210-33-C
    
    

Document Information

Published:
06/29/1995
Department:
Housing and Urban Development Department
Entry Type:
Notice
Action:
Notice.
Document Number:
95-15908
Pages:
33814-33839 (26 pages)
Docket Numbers:
Docket No. N-95-1742, FR-3646-04
PDF File:
95-15908.pdf