Due Date of First Annual Performance Report Under the Native American Housing Assistance and Self-Determination Act of 1996

DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

24 CFR Part 1000

[Docket No. FR-4419-F-01]

RIN 2577-AB93

Due Date of First Annual Performance Report Under the Native

American Housing Assistance and Self-Determination Act of 1996

AGENCY: Office of the Assistant Secretary for Public and Indian

Housing, HUD.

ACTION: Final rule.

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SUMMARY: This final rule sets January 31, 1999 as the due date for

recipients of Indian Housing Block Grant funds to submit the first

annual performance reports under the Native American Housing Assistance

and Self-Determination Act of 1996 (NAHASDA). This date provides an

additional 60 days to the 60 day period that was assumed to apply, and

allows recipients and HUD more time to work out the difficulties of the

first performance report submissions.

EFFECTIVE DATE: February 19, 1999.

FOR FURTHER INFORMATION CONTACT: Bruce Knott, Director, Office of

Housing and Community Development, Office of Native American Programs,

1999 Broadway, Suite 3390, Denver, CO 80202; telephone (303) 675-1600

(this is not a toll-free number). Speech or hearing-impaired

individuals may access this number via TTY by calling the toll-free

Federal Information Relay Service at 1-800-877-8339.

SUPPLEMENTARY INFORMATION: NAHASDA section 404 (25 U.S.C. 4164) and 24

CFR 1000.514 require each recipient of Indian Housing Block Grant

(IHBG) funds to submit an annual performance report to HUD. Under 24

CFR 1000.514, a performance report must be submitted within 60 days of

the end of the recipient's program year. For the first year of NAHASDA,

24 CFR 1000.516 provides that the period to be covered by the annual

performance report will be October 1, 1997 through September 30, 1998,

and that subsequent reporting periods will coincide with the

recipient's program year.

The Department has received numerous inquiries concerning the due

date for the first annual report under Sec. 1000.516. Recipients cite

unfamiliarity with the new reporting format, the late date at which

Indian Housing Plans (IHPs) were approved, and the requirement for

public comment on their annual performance reports as reasons why a 60-

day due date for the first annual reports is impracticable. In

addition, there is an issue as to when the first annual report is due.

Although Sec. 1000.514 provides that the annual performance report is

due within 60 days of the end of the recipient's program year, the

period to be covered by the first report, set by Sec. 1000.516, does

not coincide with the program year of many recipients. While it has

been generally assumed that the first report would be due within 60

days of September 30, 1998, Sec. 1000.516 does not explicitly establish

this submission period.

For these reasons, HUD has determined to amend Sec. 1000.516 to

establish January 31, 1999 as the due date for performance reports

under the first year of NAHASDA. This date provides an additional 60

days to the 60 day period that was assumed to apply, and allows

recipients and HUD more time to work out the difficulties of the first

performance report submissions.

Findings and Certifications

Justification for Final Rulemaking

In general, the Department 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 does

provide 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) The Department finds that good cause exists to publish this

rule for effect without first soliciting public comment, in that prior

public procedure is unnecessary because of the limited scope of the

rule. This rule only provides clarification of the date by which the

first annual performance reports under NAHASDA are due.

Paperwork Reduction Act

The information collection requirements contained in the IHBG rule

at 24 CFR part 1000 have been approved by the Office of Management and

Budget (OMB) in accordance with the Paperwork Reduction Act of 1995 (42

U.S.C. 3501-3530), and assigned OMB control number 2577-0218. An

[[Page 3015]]

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. This final rule does not include any additional

information collection requirements.

Environmental Impact

In accordance with 40 CFR 1508.4 of the regulations of the Council

on Environmental Quality and 24 CFR 50.20(c)(2) of the HUD regulations,

this rule amends an existing document, the regulations at 24 CFR part

1000, which as a whole would not fall within an exclusion, but the

amendment by itself would do so. Therefore, this rule is categorically

excluded from the requirements of the National Environmental Policy

Act.

Executive Order 12612, Federalism

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

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

contained in this rule have no federalism implications, and that the

policies are not subject to review under the Order.

Executive Order 13045, Protection of Children from Environmental Health

Risks and Safety Risks

This rule will not pose an environmental health risk or safety risk

on children.

Unfunded Mandates Reform Act

The Secretary has reviewed this rule before publication and by

approving it certifies, in accordance with the Unfunded Mandates Reform

Act of 1995 (2 U.S.C. 1532), that this rule does not impose a Federal

mandate that will result in the expenditure by state, local, and tribal

governments, in the aggregate, or by the private sector, of $100

million or more in any one year.

Regulatory Flexibility Act

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

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

certifies that this rule would not have a significant economic impact

on a substantial number of small entities.

Catalog of Federal Domestic Assistance

The Catalog of Federal Domestic Assistance number for this program

is 14.867.

List of Subjects in 24 CFR Part 1000

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

and community development, Grant programs--Indians, Indians,

Individuals with disabilities, Low and moderate income housing, Public

housing, Reporting and recordkeeping requirements.

Accordingly, for the reasons described above, in title 24 of the

Code of Federal Regulations, part 1000 is amended as follows:

PART 1000--NATIVE AMERICAN HOUSING ACTIVITIES

1. The authority citation for part 1000 continues to read as

follows:

Authority: 25 U.S.C. 4101 et seq.; 42 U.S.C. 3535(d).

2. Section 1000.516 is revised to read as follows:

Sec. 1000.516 What reporting period is covered by the annual

performance report?

For the first annual performance report to be submitted under

NAHASDA, the period to be covered is October 1, 1997, through September

30, 1998. This first report must be submitted by January 31, 1999.

Subsequent annual performance reports must cover the period that

coincides with the recipient's program year.

Dated: January 12, 1999.

Harold Lucas,

Assistant Secretary for Public and Indian Housing.

[FR Doc. 99-1195 Filed 1-19-99; 8:45 am]

BILLING CODE 4419-01-M