94-21739. Notice of Proposed Interdepartmental Agreement on Indian Housing Program  

  • [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]
    
    
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    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
    
    
    

Document Information

Published:
09/02/1994
Department:
Housing and Urban Development Department
Entry Type:
Notice
Action:
Notice of proposed interdepartmental agreement.
Document Number:
94-21739
Dates:
Comments due date: October 17, 1994.
Pages:
0-0 (1 pages)
Docket Numbers:
Federal Register: September 2, 1994, Docket No. R-94-1746, FR-3763-N-01