[Federal Register Volume 61, Number 176 (Tuesday, September 10, 1996)]
[Notices]
[Pages 47788-47791]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-22923]
[[Page 47787]]
_______________________________________________________________________
Part II
Department of Health and Human Services
Indian Health Service
Department of Housing and Urban Development
Department of the Interior
Bureau of Indian Affairs
_______________________________________________________________________
Interdepartmental Agreement on Indian Housing Program; Notice
Federal Register / Vol. 61, No. 176 / Tuesday, September 10, 1996 /
Notices
[[Page 47788]]
DEPARTMENT OF HEALTH AND HUMAN SERVICES
Indian Health Service
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
Office of the Assistant Secretary for Public and Indian Housing
[Docket No. FR-3763-N-02]
DEPARTMENT OF THE INTERIOR
Bureau of Indian Affairs
Notice of Interdepartmental Agreement on Indian Housing Program
AGENCIES: Offices of the Indian Health Service (HHS); the Assistant
Secretary for Public and Indian Housing, (HUD); and the Bureau of
Indian Affairs, (Interior).
ACTION: Notice of Interdepartmental Agreement.
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SUMMARY: This notice announces an Interdepartmental Agreement which
sets forth the guidelines by which HUD, the Bureau of Indian Affairs,
and the Indian Health Service will coordinate their efforts in the
delivery of services and financial assistance to Tribes and Indian
Housing Authorities.
EFFECTIVE DATE: September 10, 1996.
FOR FURTHER INFORMATION CONTACT: Dominic Nessi, Deputy Assistant
Secretary for Native American Programs, Office of Public and Indian
Housing, Department of Housing and Urban Development, Room B-133, 451
Seventh Street, SW, Washington, DC 20410; telephone (202) 755-0032.
Hearing- or speech-impaired individuals may access this number by
calling the Federal Relay Service TTY at 1-800-877-8339. (With the
exception of the ``800'' number, these are not toll-free numbers.)
SUPPLEMENTARY INFORMATION:
I. September 2, 1994 Notice of Proposed Interdepartmental Agreement
On September 2, 1994 (59 FR 45702) HUD published a notice which
proposed to set forth the working relationship among HUD, the Bureau of
Indian Affairs (BIA), and the Indian Health Service (IHS) in the
delivery of services to Tribes and Indian Housing Authorities (IHAs) in
conjunction with the planning and construction of new housing developed
with financial assistance of HUD's Indian housing program.
The Interdepartmental Agreement (IA) establishes a general
foundation for this cooperative effort and guidelines by which each of
the three agencies will interact with Tribal governments and IHAs. The
IA will be supplemented, as necessary, by individual Memorandums of
Agreement (MOA) developed between local decision makers and the
specific Federal agencies assisting in the development of the housing.
The BIA Housing Improvement Program (HIP) was eliminated from this
IA to streamline the agreement among all signatory agencies in the
development of HUD Indian housing programs. It is anticipated that the
IHS and the BIA will be addressing the BIA-HIP separately. Other
sections pertaining to program procedures are more appropriately
covered in the program handbook or program NOFA and have been deleted
from the IA.
HUD solicited public comments on the proposed IA. Eight comments
were received. The following section of the preamble presents a summary
of the comments raised by the commenters, and HUD's responses to these
comments.
II. Comments on the September 2, 1994 Notice of Proposed
Interdepartmental Agreement
Comment. Two commenters wrote that proposed section 5.2.1 of the
IA, which concerns the construction of access roads, should be revised
to clarify that the BIA ``has responsibility for access roads which
provide public access to cluster sites only and not private access to
individual sites which the BIA is prohibited from constructing.''
Response. HUD has adopted the comment by revising section 5.2.1 to
exclude individual homesites from the access road construction
requirements.
Comment. One commenter wrote that the language in proposed section
5.2.1 granting the BIA a lead time of 2\1/2\ years in the construction
of access roads should be revised. The commenter believed that ``in the
2\1/2\ year interim, the `temporary' access road built by the IHA
becomes unacceptable as there is a void of responsibility for
constructing a permanent access road. The BIA should be required to
pick up these roads immediately after the IHA has completed the
project.''
Response. HUD has not revised the IA as a result of this comment.
Due to budgetary prioritization, the 2\1/2\ year time-frame is
necessary for BIA to complete its part of the project.
Comment. Two of the commenters urged that the IA provide for
greater coordination in National Environmental Policy Act (NEPA)
compliance efforts. One of the commenters recommended that section 7.0
be revised to specify that each signatory agency will follow procedures
in a manner which will avoid or minimize delays and that timelines for
compliance will be included in time schedules worked out at the project
coordination meeting. The other commenter suggested that the IA permit
the designation of a lead agency ``in performing NEPA compliance where
the project encompasses the functions of all [three] agencies.'' The
commenter believed this would expedite the development of a project by
eliminating ``multiple comment periods, multiple opportunities for
litigation, and multiple FONSIs or EISs.''
Response. Based upon the IHS's recommendation, HUD has revised the
IA as a result of these comments. Section 7.0 now provides that in
order to minimize delays, HUD, or the Tribal government which has
assumed HUD's NEPA responsibility, shall be the lead agency for the
preparation of all required environmental statements.
Comment. One commenter wrote that the IA should address land
acquisitions since, according to the commenter, ``acquisitions require
as much coordination between the BIA and HUD as does development.''
Specifically, the commenter believes the BIA should delegate authority
to area offices to approve land acquisitions. Alternatively, the
commenter proposed that the BIA designate a person to exclusively
review and approve HUD financed land acquisitions. Moreover, the
commenter suggested that the IA require NEPA review of these
acquisitions.
The commenter also suggested that HUD and the BIA coordinate their
acquisition related time requirements. The commenter believed that, due
to the time needed by the BIA to take land in trust, some IHAs may not
be able to meet HUD's requirement that construction commence within 30
months of a program reservation date. The commenter urged that HUD and
the BIA ``negotiate time lines and procedures to avoid these
conflicts.''
Response. HUD and the BIA will work more closely in coordinating
time requirements.
Comment. One commenter wrote to suggest that proposed section 2.2
of the IA be revised to specify that the BIA will review and approve
all Tribal trust, restricted fee and allotted land housing leases in
accordance with 25 CFR part 162. Furthermore, the commenter suggested
additional language stating that BIA will review and approve all
easements to housing sites in accordance with 25 CFR part 169. Lastly,
the commenter recommended that proposed section 2.3 be revised to
[[Page 47789]]
require that all housing sites have approved easements and leases
before the start of construction.
Response. HUD has adopted the first two elements of this comment.
In reference to requiring the IHAs to complete all easements and leases
prior to construction, this is a requirement that is inappropriate for
this IA since the IA does not encompass the Indian Housing Authorities.
This is a requirement that would more appropriately be added to the
local Memorandum of Understanding (MOU).
Comment. One commenter objected to the fact that proposed section
2.2 of the IA ``does not specifically state that the BIA is responsible
for funding access road construction in HUD assisted housing
projects.'' According to the commenter, ``this weakens the BIA's
responsibility of supporting HUD-assisted housing projects.''
Response. HUD has not adopted this comment. The IA does not have
the force of law, but merely sets forth the coordination efforts of
HUD, the BIA, and the IHS. Accordingly, the comment is inappropriate
for inclusion in the IA.
Comment. Two commenters objected to the language in proposed
section 6.3, IHS PARTICIPATION IN HUD FUNDED SANITATION FACILITIES
CONSTRUCTION, which states that the IHS ``may participate'' in the
construction of sanitation facilities. According to the commenters
``this statement does not adequately commit the IHS to execute their
responsibility for sanitation system development which servers [sic]
Native Americans.''
Response. Based on the IHS's recommendation, HUD has adopted this
comment by revising section 6.3 to require that the IHS endeavor to
participate in the construction of sanitation facilities.
Comment. One commenter wrote that because the IA's scope is limited
to Indian mutual help and low rent programs, it does not go far enough
in achieving coordination between the signatory Federal agencies. The
commenter recommended that other programs, such as Indian HOME and the
BIA Housing Improvement Program (HIP) be included in the IA.
Response. HUD has not revised the IA as a result of this comment.
The HOME and HIP programs have different requirements and agency
responsibilities. If the coordination of efforts becomes a problem for
these programs, separate agreements can be negotiated.
Comment. One of the commenters recommended that language be
inserted in section 5.0, DEVELOPMENT OF ON-SITE AND OFF-SITE ROADS,
which includes the ``standards of road design and construction that
would be required to assure States, cities, counties, townships, etc.
assume responsibility for the maintenance and up-keep of roads and
streets within the on-site construction area.'' These standards would
be in effect when the State and local government have construction and
design requirements that exceed ASHTO requirements.
Response. HUD has not revised the IA as a result of this comment.
Under 24 CFR 905.250, the IHAs are already required to comply with
appropriate local road design standards.
Comment. One of the commenters recommended that the IA specify
which agencies are responsible for the costs of complying with Federal,
State, or local statutory requirements. Among other examples, the
commenter pointed to the costs associated with meeting EPA
environmental requirements.
Response. HUD has not revised the IA as a result of this comment.
The question of financial responsibility for complying with the various
statutory requirements is more properly addressed in the individual
MOAs.
Comment. One commenter wrote that the IA was vague concerning IHS
duties. The commenter urged that the IA be revised to specify that the
IHS has the responsibility of providing water, waste water and solid
waste facilities, and O&M infrastructure.
Response. Based on the IHS's recommendation, HUD has adopted this
comment by revising section 6.2. This section now details the IHS's
statutory authority and responsibility for utilizing HUD funds to
provide sanitation facilities for HUD financed Indian homes.
The text of the Interdepartmental Agreement follows:
Interdepartmental Agreement on the Indian Housing Program
The Department of Housing and Urban Development--Office of Native
American Programs
The Department of Interior--Bureau of Indian Affairs
The Department of Health and Human Services--Indian Health Service
1.0 Statement of Purpose
The purpose of the Interdepartmental Agreement (IA) is to set forth
the working relationship among the Department of Housing and Urban
Development (HUD), the Bureau of Indian Affairs (BIA), and the Indian
Health Service (IHS) in the delivery of services to Tribes and Indian
Housing Authorities (IHAs) in conjunction with the planning and
construction of new Indian housing developments. The above agencies
share a common goal to assist Tribes in improving their living
environment through the delivery of quality housing and infrastructure.
This goal can be more readily achieved with an efficient and integrated
utilization of available resources.
This Interdepartmental Agreement establishes a general foundation
for this cooperative effort and the guidelines by which each of the
three agencies will interact with Tribal governments and IHAs. The IA
will be supplemented, as necessary, by individual Memorandums of
Agreement (MOA) developed between local decision-makers and the
specific federal agencies assisting in the development of the housing.
2.0 General Agency Responsibilities
2.1 HUD Responsibilities. HUD will provide financial and technical
assistance for the development and management of low income housing and
community developments in Indian and Alaska Native areas through the
mutual help/low rent Indian Housing Development Program.
2.2 BIA Responsibilities. BIA will provide real estate and
transportation assistance to IHAs pursuant to 25 CFR parts 162, 169,
and 170. These services may include (i) assistance in preparing
appropriate lease documents for housing sites and required easements;
(ii) review, approval and recordation of all required trust or
restricted fee land lease and easement documents; where resources are
available, providing assistance in obtaining real estate appraisals;
(iii) development of access roads to housing sites in accordance with
the Tribe's road priorities; (iv) providing maintenance services to
those IHA constructed roads and streets accepted into the BIA road
systems in accordance with 25 CFR part 170; and (v) provision of other
support, when available, necessary for the timely development of
housing.
2.3 IHS Responsibilities. The IHS provides a comprehensive primary
and preventive health services delivery system for American Indians and
Alaska Natives. The environmental health component of IHS assists
Tribes in the development of Tribal sanitation facilities [water, waste
water, and solid waste facilities and operation & maintenance (O&M)
infrastructure]. IHS has the primary responsibility and authority to
provide Native American homes and communities with the necessary
sanitation facilities and related services.
[[Page 47790]]
3.0 Agency Coordination
3.1 Processing Procedures. The signatories of the IA agree to
maintain timely and relevant processing of regulations, handbooks,
notices and other administrative guidance for use by Tribes and IHAs.
All signatory agencies will be given an opportunity to comment on such
documents before they are made effective.
3.2 Program Administration. The signatories of the IA agree to
enforce the provisions of current program guidelines with their
respective area/regional offices. Disputes between or among the
signatory agencies may be made in writing to the head of the
appropriate area or field office involved, with a copy to the other
agencies. Unresolved disputes extending more than 90 days beyond the
date of submission shall be referred, in writing, to the Headquarters
Working Group for resolution. This group is composed of the Director,
Office of Native American Programs in HUD; Director, Office of Trust
Responsibilities in BIA; and the Director, Division of Environmental
Health in IHS.
3.3 Information Sharing. Whenever possible, the signatory agencies
will provide, or cause to be provided, copies of housing and supporting
infrastructure planning documents, to include utility master plans,
transportation plans, and IHA comprehensive housing plans, to the
appropriate area/regional offices of other signatory agencies.
HUD Field Offices of Native American Programs will provide
quarterly reports on the progress of HUD's assisted housing projects to
BIA and IHS. These reports will indicate the method of construction,
project number, and number of units. Scheduled and actual completion
dates for applicable project review points will be provided, where
available.
3.4 Grant Award. Signatory agencies will provide copies of
applicable housing and supporting infrastructure grant/project award
notices to the other signatory agencies as soon as practicable after
notification to Tribes.
4.0 Development of Housing Units
4.1 HUD Responsibilities.
4.1.1 Applications. HUD will advise IHAs to use BIA and IHS
information on existing infrastructure and new construction
recommendations to support proposed housing project applications for
funding.
4.1.2 Project Coordination. HUD will advise IHAs to use handbooks
concerning procedures the IHA may use to determine what assistance they
need from the BIA and IHS. At the request of a Tribe through the IHA,
the BIA (including Area Road Engineers and Realty Officers) and IHS
will provide, to the extent feasible, technical reviews and
recommendations on project planning, design and construction documents
involving supporting infrastructure, and related requirements at
appropriate project review points. Appropriate project review points
will be determined on a project by project basis and may include:
project coordination schedule review, housing site feasibility review,
project plan review, project final inspection, and record drawings
review. Schedules or commitments made as a result of project
coordination require the approval of the appropriate IHS and/or BIA
official.
4.1.3 Standard vs Assisted Housing Development Method. The
Standard Method of development refers to all procedures, guidelines and
requirements associated with the normal development of an Indian
housing project by an administratively capable IHA. The Assisted Method
contains all of the procedures, guidelines and requirements associated
with the development of an Indian housing development by an IHA which
has requested additional HUD assistance due to its inexperience or lack
of staff resources, or by an IHA which has been deemed by HUD to need
additional assistance, monitoring and supervision during the
development process. The Standard Method will require less technical
assistance by the signatory agencies as compared to the Assisted
Method.
4.2 BIA Responsibilities.
Leases, Easements and Real Estate Appraisals on Trust or Restricted
Fee Property. Where resources are available, the BIA will provide real
estate appraisals at the request of the IHA. All leases and easements
shall be approved by the BIA.
5.0 Development of On-site and Off-site Roads
5.1 HUD Responsibilities.
On-Site Street Construction. HUD will provide sufficient funds for
the construction of on-site streets, in accordance with the American
Association of State Highway and Transportation Officials (AASHTO)
standards. The IHA will have the overall responsibility for
construction of on-site streets. The Tribal government must determine
the type of streets to be constructed in conjunction with housing
projects, and whether the streets will be included in the BIA Roads
System for maintenance by the BIA. HUD will advise each IHA and Tribe
which receives a HUD Housing Grant that the on-site streets must be
designed and constructed to AASHTO standards to be eligible for
inclusion on the BIA Roads System.
5.2 BIA Responsibilities.
5.2.1 Access Road Construction. When requested by the Tribal
government, and when resources are available, the BIA will plan and
construct access roads to housing developments, excluding individual
homesites. Sufficient lead time is required to develop access roads.
This lead time may be as much as 2\1/2\ years. The BIA will coordinate
access road construction with the IHA and make every effort to complete
such roads prior to the completion of the housing project.
5.2.2 Road/Street Maintenance. IHA-developed streets may be added
to the BIA Roads System only when the street(s) and related curb,
gutters and drainage features have been built to acceptable AASHTO
specifications and standards as well as to the requirements of section
504 of the Americans with Disabilities Act, and the right-of-way is
transferred to the BIA. When requested by the Tribal government, and
when resources are available, the BIA Area Office will accept IHA
developed streets on the BIA Roads System and will provide ongoing
maintenance for those streets that meet the above specifications and
standards.
6.0 Development of Sanitation Facilities
6.1 HUD Responsibility. To the extent that funds are appropriated
by Congress, HUD will provide funding to IHAs to develop water, waste
water, solid waste facilities, and O&M infrastructure necessary to
support individual low-rent or mutual help housing projects financed by
HUD. O&M infrastructure includes the plant, equipment, tools and
training needed by utility authorities to provide continuing sanitation
service to the residents of HUD-financed homes, as well as the long
range planning necessary to identify and implement those requirements.
6.2 IHS Authority. Under section 302(b)(3) of the Indian Health
Care Improvement Act, the IHS has the authority to receive HUD funds to
provide sanitation facilities for Indian homes financed by HUD.
6.3 IHS Participation in HUD Funded Sanitation Facilities
Construction. When requested by the Tribe and the IHA, IHS will
endeavor to participate in the construction of sanitation facilities
funded by HUD under the mutual help/low rent HUD-assisted housing
development program. IHS participation will be on a project by
[[Page 47791]]
project basis, pursuant to an approved MOA duly executed by the IHA,
Tribe, IHS, and if necessary, HUD.
6.4 Individual and Community Sanitation Systems. Where it is
determined that sanitation facilities are feasible and necessary, the
following conditions will apply:
6.4.1 HUD will finance the installation of all dwelling plumbing
facilities.
6.4.2 Where facilities serve only HUD-assisted housing project
homes, HUD will fund the total cost of the sanitation facilities
necessary to serve the project. Where HUD-assisted housing project
homes are interspersed with existing homes also served by a sanitation
facility, HUD shall fund a prorated share of sanitation facilities
costs. All community sanitation system construction, improvement, or
expansion will be designed on the basis of a total community concept,
such that the proposed sanitation facilities are (a) safe and adequate
to meet the environmental health needs of residents, (b) compatible
with Tribal infrastructure development, (c) economically feasible to
construct and operate, and (d) in compliance with applicable codes,
ordinances, and industry standards.
7.0 Environmental Compliance
Each signatory agency (HUD, BIA, and IHS) shall be responsible for
following its own applicable procedures addressing the requirements of
the National Environmental Policy Act (NEPA), and related and/or
similar environmental legislation and/or Executive Orders. A Memorandum
of Understanding (MOU), dated June 21, 1991, signed by BIA, HUD, IHS,
and the Environmental Protection Agency, clarifies each agency's role
in environmental protection.
In the implementation of the roles and responsibilities identified
in the MOU and herein, signatory agencies will, to the extent feasible,
adopt and/or combine environmental documents which are provided by the
other signatory agencies. Joint use of environmental documents that
comply with NEPA and related regulations will reduce duplication and
paperwork. Copies of one signatory agency's environmental determination
documentation (e.g., archeological review) may be required by another
signatory agency prior to granting approvals; however, the approving
agency shall not require the applying agency to change procedures,
format, etc., during the review process and prior to granting its
approval.
Unless otherwise provided for in a duly executed MOA, HUD, or a
Tribal government which has assumed HUD's NEPA responsibility, shall be
the lead agency for the preparation of environmental review,
assessments and impact statements in compliance with NEPA for all HUD-
assisted housing and related infrastructure projects. When BIA and IHS
participate directly in these projects, they shall be cooperating
agencies for the purposes of NEPA compliance.
Dated: April 30, 1996.
Donna E. Shalala,
Secretary, Department of Health and Human Services.
Dated: August 19, 1996.
Bruce Babbitt,
Secretary, Department of the Interior.
Dated: May 6, 1996.
Henry G. Cisneros,
Secretary, Department of Housing and Urban Development.
[FR Doc. 96-22923 Filed 9-9-96; 8:45 am]
BILLING CODE 4160-16-P; 4210-33-P; 4310-02-P
