[Federal Register: December 20, 2002 (Volume 67, Number 245)]
[Rules and Regulations]
[Page 77919-77922]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr20de02-3]
[[Page 77919]]
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DEPARTMENT OF THE INTERIOR
Bureau of Indian Affairs
25 CFR Part 256
RIN 1076-AE31
Housing Improvement Program
AGENCY: Bureau of Indian Affairs, Interior.
ACTION: Final rule; technical amendments.
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SUMMARY: This document contains technical amendments to the Housing
Improvement Program final regulations that were published in the
Federal Register on March 2, 1998. These regulations define the terms
and conditions under which assistance is given to Indians under the
Housing Improvement Program. These amendments revise terminology to
make the rule consistent. They also add several clarifications.
DATES: The amendments are effective December 20, 2002.
FOR FURTHER INFORMATION CONTACT: June Henkel, Chief, Division of
Housing Assistance, Bureau of Indian Affairs, 1849 C Street NW., MS-
4660-MIB, Washington, DC 20240; Telephone (202) 208-3667.
SUPPLEMENTARY INFORMATION: The final regulations in 25 CFR part 256
contain several technical errors. The errors include incorrect cross-
references, incorrect terminology, omission of clarifying cross-
references and terminology, and omission of grid lines in tables. None
of these corrections will affect the substance of any provision in 25
CFR part 256. For example, we are deleting ``house'' and replacing it
with ``dwelling'' for consistency with other parts of the rule; we are
deleting the word ``improvements'' and replacing it with the word
``renovation'', which is the same term used in the description of
Category B assistance (the term ``improvements'' more typically refers
to cosmetic work, such as the addition of a deck, etc.); and we are
replacing ``building code standards'' with ``standard housing
condition'' to clarify that the assistance provided under the program
is made one-time, not piece-meal, and is to bring the entire dwelling
to ``standard'' at the time of the one-time assistance.
Reasons for Publishing a Final Rule
The Department has determined that the public notice and comment
provisions of the Administrative Procedure Act, 5 U.S.C. 553(b), do not
apply to this rule. As allowed by 5 U.S.C. 553(b)(B), we find that
public comment on the revisions made by this rule is unnecessary and
contrary to the public interest. Because the changes made by this rule
clarify requirements of the Housing Improvement program and because
they do not make substantive changes to the provisions of the program,
public comment is unnecessary. Since clearer requirements will make it
easier for applicants to obtain assistance, delaying implementation by
publishing a proposed rule is contrary to the public interest.
The Department further concludes that this rule should be effective
immediately because it relieves possible restrictions on the efficient
and necessary distribution of HIP funds to qualified applicants.
Delaying the effective date of this rule would deny the public the
benefit of clearer and less burdensome requirements that make it easier
to apply for benefits under the program. For these reasons, this rule
meets the requirements of 5 U.S.C. 553(d)(3) and can therefore become
effective immediately upon publication.
Regulatory Planning and Review (Executive Order 12866)
This document is not a significant rule and is not subject to
review by the Office of Management and Budget under Executive Order
12866.
(1) This rule will not have an effect of $100 million or more on
the economy. It will not adversely affect in a material way the
economy, productivity, competition, jobs, the environment, public
health or safety, of State, local, or tribal governments or
communities. This program is a small, individual Indian program and has
minimal effect on tribes; the budget is far less than $100 million and
therefore does not have a significant effect on the economy.
(2) This rule will not create a serious inconsistency or otherwise
interfere with an action taken or planned by another agency. This rule
is meant to cover the poorest of the poor who have no other resources
for assistance; it is not inconsistent with nor does it interfere with
any other agency actions.
(3) This rule does not alter the budgetary effects or entitlements,
grants, user fees, or loan programs or rights or obligations of their
recipients. Because it is the aid of last resort, it does not affect
other entitlements, grants, loans, or change the rights of recipients.
(4) This rule does not raise novel legal or policy issues. This
program has been functioning for a number of years with no significant
changes in policy.
Regulatory Flexibility Act
The Department of the Interior certifies that this document will
not have a significant economic impact on a substantial number of small
entities under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.).
Indian tribes are not considered small entities; the small amount of
funding received from the program is used to improve the condition of
individuals and families.
Small Business Regulatory Enforcement Fairness Act
This rule is not a major rule under 5 U.S.C. 804 (2), the Small
Business Regulatory Enforcement Fairness Act. This rule:
(a) Does not have an annual effect on the economy of $100 million
or more. The program is much smaller than $100 million and does not
affect the economy; it provides funds for the provision of repairs and
renovation assistance to individuals and families living in substandard
housing conditions.
(b) Will not cause a major increase in costs or prices for
consumers, individual industries, Federal, State, or local government
agencies, or geographic regions. The program has limited funds which
are spread throughout Indian country and thus causes no significant
impacts.
(c) Does not have significant adverse effect on competition,
employment, investments, productivity, innovation, or the ability of
the U.S. based enterprises to compete with foreign-based enterprises.
This program operates only within the U.S. and therefore does not
compete with any foreign-based enterprises.
Unfunded Mandates Act
This rule does not impose an unfunded mandate on State, local, or
tribal government or the private sector. Tribes decide whether they
have the capability to perform the activities required to provide
housing assistance to eligible applicants residing within their
approved tribal service area, and is in compliance with the provisions
of the UnfundedMandates Act of 1995.
Takings (Executive Order 12630)
In accordance with Executive Order 12630, the rule does not have
significant takings implications. The program provides services to
improve existing housing or to provide replacement or new housing. The
program does not have an adverse effect on tribes, tribal members or
individualIndians or families. A takings implication assessment is not
required.
[[Page 77920]]
Federalism (Executive Order 12612)
In accordance with Executive Order 12612, the rule does not have
sufficient federalism implications to warrant the preparation of a
Federalism Assessment. The federal government provides program services
to individuals at their request; or funds to tribes under Pub. L. 93-
638 contracts or annual funding agreements for the provision of
services to individuals and families. A Federalism Assessment is not
required.
Civil Justice Reform (Executive Order 12988)
In accordance with Executive Order 12988, the Office of the
Solicitor has determined that this rule does not unduly burden the
judicial system and meets the requirements of section 3(a) and 3(b)(2)
of the Order.
Paperwork Reduction Act of 1995
This rule requires an information collection from 10 or more
parties and a submission under the Paperwork Reduction Act is required.
An OMB form 83-I was been reviewed by the department and sent to OMB
for approval. The OMB Control Number assigned is 1076-0084 with an
expiration date of October 31, 2004. These minor changes to the rule do
not affect the information collection. We will not sponsor or collect,
and a person need not respond to, a request for information if the
valid OMB Control Number is not displayed. Comments concerning this
collection may be directed to the BIA Information Collection Clearance
Officer, 1849 C Street NW., MailStop 4613 MIB, Washington, DC 20240.
National Environment Policy Act (NEPA)
This rule does not constitute a major Federal action significantly
affecting the quality of human environment. A detailed statement under
the National Environmental Policy Act of 1969 is not required.
Government-to-Government Relationship With Tribes
In accordance with the President's memorandum of April 29, 1994,
``Government-to-Government Relations with Native American Tribal
Governments'' (59 FR 22951) and 512 DM we have evaluated the potential
effects on Federally recognized Indian Tribes and have determined that
there are no potential effects. These technical amendments only serve
to correct and clarify the existing rule.
Consultation and Coordination With Indian Tribal Governments
In accordance with the President's Executive Order 13175,
``Consultation and Coordination With Indian Tribal Governments'' (65 FR
67249), we have evaluated potential effects on federally recognized
Indian tribes and have determined that there are no potential effects.
The number of eligible applicants and their associated housing need
costs far exceeds the amount of funding available for this program;
there are no potential effects on federally recognized tribes, only
eligible applicants as funds are made available starting with the
neediest of the needy in each region until the available funds are
exhausted.
List of Subjects in 25 CFR Part 256
Housing--home improvement, Indians--housing.
Dated: October 8, 2002.
Neal A. McCaleb,
Assistant Secretary--Indian Affairs.
Accordingly, 25 CFR part 256 is amended as set forth below.
PART 256--HOUSING IMPROVEMENT PROGRAM
1. The authority citation for part 256 continues to read as
follows:
Authority: 25 U.S.C. 13
2. Make the following amendments to Sec. 256.2:
A. Remove the definition of Area Director.
B. Add in alphabetical order the following definition:
Regional Director means the officer in charge of a Bureau of Indian
Affairs regional office or his/her authorized delegate.
C. Remove the definition of the term ``Bureau'' and add in its
place the following definition:
BIA means the Bureau of Indian Affairs in the Department of the
Interior.
3. Revise Sec. 256.5 to read as follows:
Sec. 256.5 What is the Housing Improvement Program?
The Housing Improvement Program is a safety-net program that
provides grants for the cost of services to repair, renovate, replace,
or provide housing. The program provides grants to the neediest of the
needy Indian families who:
(a) Live in substandard housing or are without housing; and
(b) Have no other resource for assistance.
Sec. 256.7 What housing services are available under the Housing
Improvement Program?
4. In Sec. 256.7, revise the table to read as follows:
* * * * *
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Where to find
Type of assistance What it provides information
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Category A............... Up to $2,500 in safety Sec. 256.8
or sanitation repairs
to the dwelling in
which you live, which
will remain
substandard. Can be
provided more than
once, but for not more
than one dwelling and
the total assistance
cannot exceed $2,500.
Category B............... Up to $35,000 in repairs Sec. 256.9
and renovation, which
will bring your
dwelling to Standard
Housing condition, as
defined in Sec.
256.2. Can only be
provided once.
Category C............... A modest dwelling that Sec. 256.10 &
meets the criteria in Sec. 256.11.
Sec. 256.11; and the
definition of Standard
Housing in Sec.
256.2; and whose costs
are determined by and
limited to the criteria
in 256.17(b). can only
be provided once.
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5. In Sec. 256.8 (b), remove the word ``house'' and add, in its
place, ``dwelling''.
6. In Sec. 256.9:
A. Remove the word ``house'' wherever it appears, and add, in its
place, ``dwelling''.
B. In paragraph (b), after the word ``must,'' add the words
``occupy the dwelling and must''.
C. In paragraph (c), remove the word ``improvements'' and add, in
its place, ``renovation''; and remove the words ``make the house meet
applicable building code standards'' and add in
[[Page 77921]]
their place, ``bring the dwelling to standard housing condition.''
D. In paragraph (d) after the word ``repairs'' add the words ``and
renovation''.
E. In paragraph (d)(2), after the word ``repairs'' add the words
``and renovation''.
7. In Sec. 256.10, revise the table in paragraph (a) to read as
follows:
Sec. 256.10 When do I qualify for category C assistance?
(a) * * *
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You qualify for Category C
assistance if * * * And * * * And * * *
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You own the dwelling in which you The dwelling cannot be brought up to ....................................
are living. applicable building code standards
and to standard housing condition
for $35,000 or less.
You lease the dwelling in which you Your leasehold is undivided and for The dwelling cannot be brought up to
are living. not less than 25 years at the time applicable building code standards
that you receive assitance. and to standard housing condition
for $35,000 or less.
You do not own a dwelling.......... You own land that is suitable for The land has adequate ingress and
housing. egress rights and economical access
to utilities.
You do not own a dwelling.......... You have a leasehold on land that is The land has adequate ingress and
suitable for housing and the egress rights and economical access
leasehold is undivided and for not to utilities.
less than 25 years at the time you
receive assistance.
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* * * * *
8. In Sec. 256.10:
A. Remove the word ``house'' wherever it appears and add in its
place the word ``dwelling.''
B. In paragraph (b), add the word ``grant'' after the word
``written.''
9. Revise Sec. 256.11 and the section heading to read as follows:
Sec. 256.11 What are the occupancy and square footage standards for a
dwelling provided with Category C assistance?
A modest dwelling provided with Category C assistance will meet the
standards in the following table.
------------------------------------------------------------------------
Total
dwelling
Number of occupants Number of square
bedrooms footage \1\
(maximum)
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1-3........................................... \2\ 2 900
4-6........................................... \2\ 3 1050
7 or more..................................... \2\ 4 \3\1350
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\1\ Total living space; does not include hallways or modest-sized
bathrooms or closets.
\2\ Determined by the servicing housing office, based on composition of
family.
\3\ Adequate for all but the very largest families.
10. In Sec. 256.13:
A. In paragraph (a), remove the words ``and a Privacy Act
Statement''.
B. In paragraph (b), remove the words ``and a Privacy Act
Statement''.
C. In paragraph (c), in the first sentence, remove the words
``application and signed Privacy Act Statement'' and add, in their
place, ``and signed application''.
D. In paragraph (g)(1), remove the word ``patent''.
11. In Sec. 256.14:
A. In paragraph (a), in the last sentence, remove the word
``complete'' and add, in its place, ``return''; and remove the word
``eligible'' and add, in its place, ``considered''.
B. In paragraph (b)(2), revise the table to read as follows:
(b) * * *
(2) * * *
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Ranking factor and
Factor definition Randing description Point descriptors
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1............... Annual Household Income: Income/125% FPG \1\ Points (maximum=40):
Must include income of (% of 125% FPC) \1\.......
all persons counted in
Factors 2, 3, 4. Income
includes earned income,
royalties, and one-time
income.
0-25 40
26-50 30
51-75 20
76-100 10
101-125 0
2............... Aged Persons: For the Years of Age: Points:
benefit of persons age 55
or older, and Must be
living in the dwelling.
Less than 55.............. 0
55 and older.............. 1 point per year of age over 54
3............... Disabled Individual: Any % of Disability--(A% + B%/ Points (Maximum=20):
one (1) disabled person 2):.
living in the dwelling.
(The percentage of
disability must be based
on the average (mean) of
the percentage of
disabilities identified
from two sources (A+B) of
statements of conditions
which may include a
physician's
certification, Social
Security or Veterans
Affairs determination, or
similar determination).
100%...................... 20
or........................
Less than 100%............ 10
4............... Dependent Children: Must Dependent Child--(Number Points (Maximum = 5):
be under the age of 18 or of Children):
such other age
established for purposes
of parental support by
tribal or state law (if
any). Must live in the
dwelling and not be
married.
[[Page 77922]]
1......................... 0
2......................... 1
3......................... 2
4......................... 3
5......................... 4
6 or more................. 5
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\1\ FPG means Federal Poverty Guidelines.
* * * * *
C. In paragraph (e), in the second sentence, remove the word
``area'' and add, in its place, ``regional''.
12. In Sec. 256.15, revise the section heading to read as follows:
Sec. 256.15 How long will I have to wait for repair, renovation, or
replacement of my dwelling?
13. In Sec. 256.17:
A. Remove the words ``improvements or repairs'' wherever they
appear and add, in their place, ``repairs or renovation''.
B. In paragraph (c), in the last sentence, remove the word ``home''
and add, in its place, ``dwelling''.
C. In paragraph (d), remove the words ``improvement, repair'' and
add, in their place, ``repairs, renovation''.
D. In paragraph (d)(1), in the second sentence, remove the citation
``Sec. 256.7'' and add, in its place, ``Sec. 256.11''.
14. In Sec. 256.19, remove the words ``improvements, repairs'' and
add, in their place, the words ``repairs, renovation''.
15. In Sec. 256.23, revise the section heading to read as follows:
Sec. 256.23 How will I be advised that the repair, renovation or
replacement of my dwelling has been completed?
16. Remove Sec. 256.24.
17. Redesignate Sec. Sec. 256.25 through 256.29 as follows:
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Old section New section
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256.25.................................... 256.24
256.26.................................... 256.25
256.27.................................... 256.26
256.28.................................... 256.27
256.29.................................... 256.28
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[FR Doc. 02-31985 Filed 12-19-02; 8:45 am]