Community Development Block Grants for Indian Tribes and Alaskan Native Villages

DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

Office of the Assistant Secretary for Public and Indian Housing

24 CFR Part 953

[Docket No. FR-2880-F-08]

RIN 2577-AB31

Community Development Block Grants for Indian Tribes and Alaskan

Native Villages

AGENCY: Office of the Assistant Secretary for Public and Indian

Housing, HUD.

ACTION: Final rule; Extension of effective period of interim rule.

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SUMMARY: This rule extends the effective period for the interim rule

for the Community Development Block Grants for Indian Tribes and

Alaskan Native Villages Program (24 CFR part 953) to such time that a

final rule is issued and becomes effective.

EFFECTIVE DATE: This final rule, which extends the effective period of

the interim rule, is effective March 29, 1996.

The effective period for 24 CFR part 953 is extended from April 1,

1996, until the final rule adopting the regulations of part 953 is

published and becomes effective.

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:

I. Justification for Final Rulemaking

In general, HUD publishes a rule for public comment before issuing

a rule for effect, in accordance with its own regulations on

rulemaking, 24 CFR part 10. However, part 10 provides for exceptions

from that general rule where the agency finds good cause to omit

advance notice and public participation. The good cause requirement is

satisfied when prior public procedure is ``impracticable, unnecessary,

or contrary to the public interest'' (24 CFR 10.1). HUD finds that good

cause exists to publish this rule for effect without first soliciting

public comment, because prior public procedure is unnecessary.

This final rule is technical, in that it merely extends the

effective period for existing regulations, and it effects no

substantive change to those regulations. The public has had an

opportunity to comment on the substance of the regulations, as the

interim rule for this program was published subject to a 150-day public

comment period, and the interim rule was preceded by an earlier interim

rule which provided for a 225-day public comment period and an even

earlier proposed rule which provided a 60-day public comment period.

II. Background

Section 105 of the Department of Housing and Urban Development

Reform Act of 1989 (Pub. L. 101-235), as amended by the National

Affordable Housing Act, amended Title I of the Housing and Community

Development Act of 1974, by transferring the authority for making

grants to Indian Tribes from the section 107 discretionary fund to the

allocation and distribution of funds provisions of Section 106 of the

1974 Act. Under section 106, as so amended, one percent of the title I

appropriation, excluding the amounts appropriated for use under section

107, is allocated for grants to Indian Tribes. The allocated amount is

to be distributed to Indian Tribes/Villages on a competitive basis in

accordance with selection criteria ``contained in a regulation

promulgated by the Secretary after notice and public comment.''

The Department issued the proposed rule on June 21, 1991, at 56 FR

28666, to comply with the requirement for publication for comment. The

Department issued an interim rule on April 7, 1992, at 57 FR 11832, to

give the public an additional opportunity to comment on the interim

rule after it has been in effect for one round of competition. A second

interim rule was issued on July 27, 1994, at 59 FR 38326, to address

the comments received on the April 7, 1992 interim rule and to allow

the public to see how the interim rule worked in conjunction with the

1995 NOFA.

Section 953.1 of the July 27, 1994 interim rule contains a

``sunset'' provision that provides that the interim rule will expire on

April 1, 1996.

The final rule for part 953 is in its last stages of development

and publication is anticipated in the near future. However, in order to

prevent a period in which the Department will be without effective

regulations, HUD is extending the effective period of the interim rule

until the final rule is published and becomes effective.

III. Other Matters

National Environmental Policy Act

A Finding of No Significant Impact with respect to the environment

has been made in accordance with HUD regulations at 24 CFR part 50

implementing section 102(2)(C) of the National Environmental Policy Act

of 1969, 42 U.S.C. 4332. The Finding of No Significant Impact is

available for public inspection and copying between 7:30 a.m. and 5:30

p.m. weekdays at the Office of Rules Docket Clerk, 451 Seventh Street,

SW, room 10276, Washington, DC 20410-0500.

Regulatory Flexibility Act

The Secretary, in accordance with the Regulatory Flexibility Act (5

U.S.C. 605(b)), has reviewed this rule before publication and by

approving it certifies that the rule does not have a significant

economic impact on a substantial number of small entities. The rule

merely extends the effective period for the interim rule.

[[Page 7411]]

Executive Order 12606, The Family

The General Counsel, as the Designated Official under Executive

Order 12606, The Family, has determined that this rule does not have

the potential to promote family formation, maintenance, and general

well-being and, therefore, is not subject to review under the Order.

Executive Order 12611, Federalism

The General Counsel, as the Designated Official under section 6(a)

of Executive Order 12611, Federalism, has determined that the rule does

not have a substantial, direct effect on the States or on the

relationship between the Federal government and the States, or on the

distribution of power or responsibilities among the various levels of

government and, therefore, is not subject to review under the Order.

List of Subjects in 24 CFR Part 953

Alaska, Community development block grants, Grant programs--housing

and community development, Reporting and recordkeeping requirements.

Catalog of Federal Domestic Assistance

The Catalog of Federal Domestic Assistance program number is

14.223.

In accordance with the reasons set forth in the preamble, 24 CFR

part 953 is amended as follows:

PART 953-COMMUNITY DEVELOPMENT BLOCK GRANTS FOR INDIAN TRIBES AND

ALASKAN NATIVE VILLAGES

1. The authority citation for 24 CFR part 953 continues to read as

follows:

Authority: 42 U.S.C. 3535(d) and 5301 et seq.

2. Section 953.1 is amended to designate the first paragraph as

``(a)'' and to designate the second paragraph as ``(b)'' and to revise

newly designated paragraph (b) to read as follows:

Sec. 953.1 Applicability and scope.

(a) * * *

(b) The regulations of this part will remain in effect until the

date the final rule adopting the regulations of this part with or

without changes is published and becomes effective.

Dated: February 22, 1996.

Kevin Emanuel Marchman,

Acting Assistant Secretary for Public and Indian Housing.

[FR Doc. 96-4438 Filed 2-27-96; 8:45 am]

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