View Rule

View EO 12866 Meetings Printer-Friendly Version     Download RIN Data in XML
HUD/PIH RIN: 2577-AC57 Publication ID: Fall 2004 
Title: Native American Housing Assistance and Self-Determination Act (NAHASDA): Revisions to the Indian Housing Block Grant Program Formula (FR-4938) 
Abstract: This rule would make several revisions to the Indian Housing Block Grant (IHBG) Program allocation formula authorized under section 302 of the Native American Housing Assistance and Self-Determination Act of 1996. Through the IHBG Program, HUD provides Federal housing assistance for Indian tribes in a manner that recognizes the right of Indian self-determination and tribal self-government. HUD negotiated the rule with active tribal participation and using the procedures of the Negotiated Rulemaking Act of 1990. The proposed regulatory changes reflect the consensus decisions reached by HUD and the tribal representatives on ways to improve and clarify the current regulations governing the IHBG Program formula. 
Agency: Department of Housing and Urban Development(HUD)  Priority: Other Significant 
RIN Status: Previously published in the Unified Agenda Agenda Stage of Rulemaking: Proposed Rule Stage 
Major: No  Unfunded Mandates: No 
CFR Citation: 24 CFR 1000   
Legal Authority: 25 USC 4101 et seq    42 USC 3535(d)   
Legal Deadline:  None

Statement of Need: The regulations for the IHBG program at 24 CFR 1000.306 provide that the IHBG allocation formula shall be reviewed within five years after issuance. This five-year period closed in 2003, which prompted HUD to establish a negotiated rulemaking committee for the purposes of reviewing and recommending possible changes to the allocation formula. The committee identified certain areas of the allocation formula that required clarification, were outdated, or were not operating as originally intended. The final rule reflects the consensus decisions reached by HUD and the Indian tribes on the best ways to address the necessary changes to the IHBG Program allocation formula.

Summary of the Legal Basis: Section 301 of NAHASDA requires that the Secretary of HUD use an allocation formula to make fiscal year block grants to Indian tribes under the IHBG program.

Alternatives: Section 302 of NAHASDA required that the allocation formula for the IHBG Program be established by regulation. Accordingly, the revisions to the allocation formula must also be codified in HUD’s regulations.

Anticipated Costs and Benefits: The changes to the allocation formula made by the final rule will not impact the costs of the IHBG Program. The benefits of having the changes to the formula developed through negotiated rulemaking is that it allows Indian tribes directly affected to have a say in how the allocation formula will operate, and consequently to help foster constructive, creative and acceptable solutions to difficult problems.

Risks: This rule poses no threat to public safety, health, or the environment.

Timetable:
Action Date FR Cite
NPRM  02/00/2005    
Regulatory Flexibility Analysis Required: No  Government Levels Affected: None 
Small Entities Affected: No  Federalism: No 
Included in the Regulatory Plan: Yes 
Agency Contact:
Rodger Boyd
Deputy Assistant Secretary for Native American Programs
Department of Housing and Urban Development
Office of Public and Indian Housing
451 7th Street SW.,
Washington, DC 20410
Phone:202 402-7914