Hispanic-Serving Institutions Work Study Program

DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

24 CFR Part 570

[Docket No. FR-4269-F-01]

RIN 2528-AA06

Hispanic-Serving Institutions Work Study Program

AGENCY: Office of the Assistant Secretary for Policy Development and

Research, HUD.

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: On February 25, 1998, HUD published an interim rule that

broadened the eligibility for public and private non-profit two-year

institutions of higher education to participate in the Hispanic-serving

Institutions Work Study Program (HSI-WSP). This final rule makes final

that interim rule without changes.

EFFECTIVE DATE: October 13, 1998.

FOR FURTHER INFORMATION CONTACT: Jane Karadbil, Office of University

Partnerships, U.S. Department of Housing and Urban Development, Room

8110, 451 Seventh Street, SW, Washington, D.C. 20410, telephone (202)

708-1537, extension 218. Hearing-or speech-impaired individuals may

call HUD's TTY number (202) 708-1455, or 1-800-877-8399 (Federal

Information Relay Service TTY). (Other than the ``800'' number, these

are not toll-free numbers.) Ms. Karadbil can also be contacted via the

Internet at Jane__.R.__K[email protected].

[[Page 48438]]

SUPPLEMENTARY INFORMATION:

I. Paperwork Reduction Act

The information collection requirements contained in this final

rule were submitted to the Office of Management and Budget (OMB) for

review under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520)

and have been assigned OMB control number 2528-0182. An agency may not

conduct or sponsor, and a person is not required to respond to, a

collection of information unless the collection displays a valid

control number.

II. Background

The Hispanic-serving Institutions Work Study Program (HSI-WSP),

which is authorized by section 107(c) of the Housing and Community

Development Act of 1974, as amended (42 U.S.C. 5307, 88 Stat. 647),

makes grants to institutions of higher education for the purposes of

providing assistance to economically disadvantaged and minority

students who participate in community development work study programs

and are enrolled in full-time undergraduate programs in community or

economic development, community planning, or community management.

On April 9, 1997 (62 FR 17492), HUD issued a final rule governing

the program. The final rule limited eligibility for HUD's HSI-WSP to

only public or private institutions of higher education that offer two-

year associate degrees and qualify as HSIs. While the statute

authorizing the program does not require it, HUD decided to determine

qualification by using the definition of an HSI contained in section

316 of the Higher Education Amendments of 1992 (20 U.S.C. 1059c; 106

Stat. 448, 473). Under that definition, an HSI is an institution that

has an enrollment of undergraduate full-time students that is at least

25 percent Hispanic, of which not less than 50 percent of the Hispanic

students are low-income individuals (i.e., 150 percent of the poverty

level) who are first generation college students (i.e., whose parent(s)

did not complete a baccalaureate degree) and another 25 percent are

either low-income individuals or first generation college students. The

U.S. Department of Education determines the eligibility of specific

institutions as HSIs and issues a list of institutions meeting this

definition. HUD's final rule noted that a list of HSI-WSP-eligible

community colleges that are included in the U.S. Department of

Education's list of HSIs would appear with each Notice of Funding

Availability (NOFA) for the program. Only institutions on the list, or

HSI-WSP-eligible institutions subsequently added to the list prior to

that NOFA's application deadline, were eligible to apply for HSI-WSP

funds.

Through issuance of an interim rule on February 25, 1998 (63 FR

9682), HUD eliminated the use of the U.S. Department of Education's

list to determine eligibility and, instead, allowed institutions to

certify that they meet the statutory definition. The process for an

institution to be put on the U.S. Department of Education's list is a

multi-step process, and HUD's use of the list meant that some Hispanic-

serving institutions were not eligible for HUD's HSI-WSP. HUD

determined that it might have been unfairly penalizing institutions if

it relied on a potentially out-of-date and overly restrictive

eligibility list. HUD decided, therefore, not to base eligibility on

the U.S. Department of Education's list, but instead to allow

applicants to certify to HUD that they are eligible to apply for the

HSI-WSP.

The February 25, 1998 interim rule provided for a 60-day public

comment period. No comments were received. Accordingly, this rule makes

final the interim rule as it was published on February 25, 1998.

III. Findings and Certifications

Environmental Impact

In accordance with 24 CFR 50.19(b)(9) of the HUD regulations, the

policies and procedures contained in this rule relate only to training

grants and technical assistance, and therefore, are categorically

excluded from the requirements of the National Environmental Policy

Act.

Regulatory Flexibility

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

U.S.C. 605(b)), has reviewed and approved this final rule, and in so

doing, certifies that it will not have a significant economic impact on

a substantial number of small entities. The rule only affects

applicants and participants in the Hispanic-Serving Institutions Work

Study Program and will not have any meaningful economic impact on any

other entity.

Federalism Impact

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

of Executive Order 12612, Federalism, has determined that the policies

and procedures contained in this rule will not have substantial direct

effects on States or their political subdivisions, or the relationship

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

of power and responsibilities among the various levels of government.

As a result, the rule is not subject to review under the Order.

Specifically, the rule solicits participation by institutions of higher

education in creating community development work study programs for

some of their economically disadvantaged and minority students. The

rule does not impinge upon the relationships between the Federal

government and State or local governments.

Unfunded Mandates Reform Act

Title II of the Unfunded Mandates Reform Act of 1995 (Pub. L. 104-

4; approved March 22, 1995) (UMRA) establishes requirements for Federal

agencies to assess the effects of their regulatory actions on State,

local, and tribal governments, and on the private sector. This final

rule does not impose any Federal mandates on any State, local, or

tribal governments, or on the private sector, within the meaning of the

UMRA.

The Catalog of Federal Domestic Assistance

The Catalog of Federal Domestic Assistance program number is

14.513.

List of Subjects in 24 CFR Part 570

Administrative practice and procedure, American Samoa, Community

development block grants, Grant programs--education, Grant programs--

housing and community development, Guam, Indians, Lead poisoning, Loan

programs--housing and community development, Low and moderate income

housing, New communities, Northern Mariana Islands, Pacific Islands

Trust Territory, Pockets of poverty, Puerto Rico, Reporting and

recordkeeping requirements, Small cities, Student aid, Virgin Islands.

Accordingly, the interim rule published on February 25, 1998, at 63

FR 9682, is adopted as final.

Dated: September 2, 1998.

Xavier D. Briggs,

Deputy Assistant Secretary for Research, Evaluation and Monitoring.

[FR Doc. 98-24286 Filed 9-9-98; 8:45 am]

BILLING CODE 4269-01-P