[Federal Register: July 26, 2007 (Volume 72, Number 143)]
[Rules and Regulations]
[Page 41211-41213]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr26jy07-8]
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Part V
Department of Housing and Urban Development
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24 CFR Part 1000
Indian Housing Block Grant Program--Extension of Annual Performance
Report Due Date; Final Rule
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DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
24 CFR Part 1000
[Docket No. FR-5109-F-02]
RIN 2577-AC74
Indian Housing Block Grant Program--Extension of Annual
Performance Report Due Date
AGENCY: Office of the Assistant Secretary for Public and Indian
Housing, HUD.
ACTION: Final rule.
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SUMMARY: This final rule extends the due date, by an additional 30
days, for Indian Housing Block Grant (IHBG) recipients to submit annual
performance reports (APRs). Through the IHBG program, HUD provides
housing assistance to Indian tribes and tribally designated housing
entities (TDHEs). Currently, HUD's regulations require IHBG recipients
to submit APRs 60 days after the end of the recipient's program year.
This rule follows publication of a March 29, 2007, proposed rule and
takes into consideration the comments received on the proposed rule.
Because all of the comments offered support for extending this deadline
by an additional 30 days, HUD adopts the proposed rule without change.
DATES: Effective Date: August 27, 2007.
FOR FURTHER INFORMATION CONTACT: Jennifer Bullough, Director of Grants
Evaluation, Department of Housing and Urban Development, 451 Seventh
Street, SW, Room 5156, Washington, DC 20410-5000; telephone number
(202) 402-4274 (this is not a toll-free number). Hearing- and speech-
impaired persons may access this number through TTY by calling the
toll-free Federal Information Relay Service at (800) 877-8339.
SUPPLEMENTARY INFORMATION:
I. Background--The March 29, 2007, Proposed Rule
Through the IHBG program, HUD provides housing assistance to Indian
tribes and TDHEs. HUD's regulations for the IHBG program are codified
at 24 CFR part 1000. Section 1000.512 of the regulations requires that
IHBG recipients, on an annual basis, prepare and submit an APR that
provides a self-assessment of their IHBG-funded activities. The APR
includes a description of the use of grant funds, a comparison of
accomplishments, an analysis and explanation of cost overruns or high
unit costs, and any information regarding the recipients' performance
in accordance with HUD's performance measures, as set forth in 24 CFR
1000.524. The current regulations at Sec. 1000.514 require IHBG
recipients to submit APRs within 60 days of the end of their program
year.
On March 29, 2007, HUD published a proposed rule (72 FR 15001), to
extend the APR deadline by 30 days. As proposed, the revised 24 CFR
1000.514 would require IHBG recipients to submit their APRs within 90
days of the end of their program year. HUD proposed the extension to
provide additional time to IHBG recipients to obtain, review, and
analyze accurate financial and programmatic data, and allow for
community consideration, before submission of the completed APR to HUD.
A conforming change was also proposed to Sec. 1000.524(d), to clarify
that the timely submission of an accurate APR is an IHBG program
performance measure.
For a detailed discussion of the proposed regulations, please see
the preamble to the proposed rule, at 72 FR 15001.
II. This Final Rule
This final rule follows publication of the March 29, 2007, proposed
rule and takes into consideration the ten public comments received on
the proposed rule. After careful consideration of the public comments,
which all offered support for the rule, HUD has decided to adopt the
proposed rule's 90-day deadline, without change.
The public comment period closed on May 29, 2007, and the
commenters included Indian tribes and their TDHEs. All of the
commenters supported the APR due date extension that will provide IHBG
recipients with 30 additional days during which they can complete and
submit the APR. Several of the commenters explained that the additional
time will improve the accuracy of the APR, as well as ensure timeliness
of submission. One commenter stated that because of the number and
diversity of its housing activities, the current 60-day deadline is
often insufficient to prepare a detailed and comprehensive APR. The
commenters all supported the additional 30 days as adequate to meet
their needs.
III. Tribal Consultation
HUD's policy is to consult with Indian tribes early in the
rulemaking process on matters that have tribal implications.
Accordingly, prior to publication of the March 29, 2007, proposed rule,
HUD held nine consultation meetings which were attended by more than
500 tribal representatives. During these meetings, attendees expressed
support for extending the due date for the APR to 90 days after the end
of the recipient's program year. Further, tribes had the opportunity to
submit comments on the proposed rule. As noted above in this preamble,
all of the tribes submitting comments offered support for the proposed
regulatory changes.
IV. Findings and Certifications
Paperwork Reduction Act
The information collection requirements contained in this rule have
been approved by the Office of Management and Budget (OMB) under the
Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520) and assigned OMB
Control Number 2577-0218. In accordance with the Paperwork Reduction
Act, 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 currently valid OMB control number.
Environmental Impact
This rule does not direct, provide for assistance or loan and
mortgage insurance for, or otherwise govern or regulate, real property
acquisition, disposition, leasing, rehabilitation, alteration,
demolition, or new construction, or establish, review, or provide for
standards for construction or construction materials, manufactured
housing, or occupancy. Accordingly, under 24 CFR 50.19(c)(1), this rule
is categorically excluded from environmental review under the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).
Regulatory Flexibility Act
The Regulatory Flexibility Act (5 U.S.C. 601 et seq.) generally
requires an agency to conduct a regulatory flexibility analysis of any
rule subject to notice and comment rulemaking requirements, unless the
agency certifies that the rule will not have a significant economic
impact on a substantial number of small entities. The final rule
extends the period of time, by 30 days, for IHBG funding recipients to
submit their APRs. In the past, many IHBG recipients have reported that
they need additional time to prepare their APRs and, as a result,
request extensions to the current requirement. By extending the due
date, IHBG recipients will have the additional time they need to
prepare thorough APRs without the added burden of requesting additional
time. The regulatory change is procedural and does not revise or
establish new binding requirements on owners. Accordingly,
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the undersigned certifies that this rule will not have a significant
economic impact on a substantial number of small entities.
Unfunded Mandates Reform Act
Title II of the Unfunded Mandates Reform Act of 1995 (UMRA) (2
U.S.C. 1531-1538) establishes requirements for federal agencies to
assess the effects of their regulatory actions on state, local, and
tribal governments and the private sector. This rule does not impose
any federal mandate on state, local, or tribal governments or the
private sector within the meaning of UMRA.
Federalism
Executive Order 13132 (entitled ``Federalism'') prohibits an agency
from publishing any rule that has federalism implications, if the rule
either imposes substantial direct compliance costs on state and local
governments and is not required by statute, or the rule preempts state
law, unless the agency meets the consultation and funding requirements
of section 6 of that Executive Order. This rule does not have
federalism implications and does not impose substantial direct
compliance costs on state and local governments, nor does it preempt
state law within the meaning of Executive Order 13132.
Catalog of Federal Domestic Assistance
The Catalog of Federal Domestic Assistance number 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, Public housing, Reporting and
recordkeeping requirements.
0
For the reasons stated in the preamble, HUD amends 24 CFR part 1000, as
follows:
PART 1000--NATIVE AMERICAN HOUSING ACTIVITIES
0
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).
0
2. Revise Sec. 1000.514 to read as follows:
Sec. 1000.514 When must the annual performance report be submitted?
The annual performance report must be submitted within 90 days of
the end of the recipient's program year. If a justified request is
submitted by the recipient, the Area ONAP may extend the due date for
submission of the annual performance report.
0
3. Revise Sec. 1000.524(d) to read as follows:
Sec. 1000.524 What are HUD's performance measures for the review?
* * * * *
(d) Accurate annual performance reports were submitted to HUD in
accordance with Sec. 1000.514.
* * * * *
Dated: July 20, 2007.
Orlando J. Cabrera,
Assistant Secretary for Public and Indian Housing.
[FR Doc. E7-14478 Filed 7-25-07; 8:45 am]
BILLING CODE 4210-67-P
