[Federal Register Volume 59, Number 170 (Friday, September 2, 1994)]
[Notices]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-21739]
[[Page Unknown]]
[Federal Register: September 2, 1994]
-----------------------------------------------------------------------
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
Office of the Assistant Secretary for Public and Indian Housing
[Docket No. R-94-1746; FR-3763-N-01]
Notice of Proposed Interdepartmental Agreement on Indian Housing
Program
AGENCY: Office of the Assistant Secretary for Public and Indian
Housing, HUD.
ACTION: Notice of proposed interdepartmental agreement.
-----------------------------------------------------------------------
SUMMARY: With this Notice, HUD's Office of Native American Programs is
soliciting comments from Tribal Councils, Indian Housing Authorities,
and other interested parties on a proposed Interdepartmental Agreement
on HUD's Indian Housing Program before this proposed agreement is
adopted as final.
DATES: Comments due date: October 17, 1994.
ADDRESSES: Interested persons are invited to submit comments regarding
this proposed rule to the Rules Docket Clerk, Office of General
Counsel, Room 10278, Department of Housing and Urban Development, 451
Seventh Street SW., Washington, DC 20410. Communications should refer
to the above docket number and title. A copy of each communication
submitted will be available for public inspection and copying between
7:30 a.m. and 5:30 p.m. weekdays at the above address. FAXED comments
will not be accepted.
FOR FURTHER INFORMATION CONTACT: Dominic Nessi, Director, Office of
Native American Programs, Department of Housing and Urban Development,
room B-133, 451 Seventh Street SW., Washington, DC 20410; telephone
(202) 755-0032; (TDD) (202) 708-0850. (These are not toll-free
numbers.)
SUPPLEMENTARY INFORMATION: This proposed Interdepartmental Agreement on
HUD's Indian Housing Program sets 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 (IHA) 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 Department has been working with the BIA and IHS to revise the
existing Interdepartmental Agreement which was published in 1976 and
has not been updated to meet the regulatory requirement revisions that
affect federal tribal interaction in the Indian Housing Program. 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 Notice of Funding
Availability (NOFA) and have been deleted from the IA.
The text of the proposed Interdepartmental Agreement follows:
PROPOSED 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.
The 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 assistance
for the development and management of low income housing and community
developments in Indian and Alaska Native areas through the Traditional
Indian Housing Development Program.
2.2 BIA RESPONSIBILITIES. BIA will review and approve all required
trust land lease issues, easements and real estate appraisals; provide
maintenance services to those IHA constructed roads and streets
accepted into the BIA road systems in accordance with 25 CFR Part 170;
and provide 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 by providing technical and financial assistance in the
development of tribal sanitation facilities [water, waste water, and
solid waste facilities and operation & maintenance (O&M)
infrastructure]. As originally authorized under the Indian Sanitation
Facilities Act of 1959 (Public Law 86-121), and as amended by the
Health Care Improvement Act of 1988 (Public Law 100-713), IHS has the
primary responsibility and authority to provide Native American homes
and communities with the necessary sanitation facilities and related
services.
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 guidance 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
summaries of existing infrastructure and 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 oversight by
the signatory agencies as compared to the Assisted Method.
4.2 BIA RESPONSIBILITIES.
Leases, Easements and Real Estate Appraisals on Trust 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, the BIA will plan and construct access roads to housing
developments. 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, and the right-of-way is transferred to
the BIA. When requested by the Tribal government, 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 fund the water, waste water, solid waste
facilities, and O&M infrastructure necessary for the traditional HUD
financed housing projects. 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 RESPONSIBILITY. IHS provides water, waste water, solid
waste facilities, and O&M infrastructure based on Congressional
directives and to the extent that funds are appropriated. IHS also
receives funds from Tribes or other agencies to provide sanitation
facilities under its authorities. Eligibility for IHS financial
assistance is determined by IHS on a project by project basis, and
funding is based on a duly executed MOA.
6.3 IHS PARTICIPATION IN HUD FUNDED SANITATION FACILITIES
CONSTRUCTION. When requested by the Tribe and the IHA, IHS may
participate in the construction of sanitation facilities funded under
the traditional HUD-assisted housing development program. IHS
participation will be on a project by 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 The agency financing the house construction or improvement
is responsible for 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, and (c) economically feasible
to construct and operate.
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. The
Memorandum of Understanding (MOU), dated June 21, 1991, signed by BIA,
HUD, IHS, and the Environmental Protection Agency clarifies each
agencies' role in environmental protection.
In the implementation of the roles identified in the MOU and the
responsibilities assigned in the IA, to the extent feasible, all
signatory agencies will adopt and/or combine environmental documents
that comply with NEPA and related regulations, which are provided by
the other signatory agencies, in order to 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.
Dated: August 26, 1994.
Joseph Shuldiner,
Assistant Secretary for Public and Indian Housing.
[FR Doc. 94-21739 Filed 9-1-94; 8:45 am]
BILLING CODE 4210-33-P