[Federal Register Volume 77, Number 128 (Tuesday, July 3, 2012)]
[Proposed Rules]
[Page 39452]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-16146]



24 CFR Chapter IX

[Docket No. FR-5650-N-01]

Native American Housing Assistance and Self-Determination Act of 
1996: Notice of Intent To Initiate Negotiated Rulemaking

AGENCY: Office of Assistant Secretary for Public and Indian Housing, 

ACTION: Notice of intent to initiate Negotiated Rulemaking.


SUMMARY: This document announces HUD's intention to initiate Negotiated 
Rulemaking under the Negotiated Rulemaking Act for the purpose of 
developing regulatory changes to the funding formula for the Indian 
Housing Block Grant (IHBG) program authorized under the Native American 
Housing Assistance and Self-Determination Act of 1996 (NAHASDA). This 
document provides background information on the NAHASDA program and 
describes the steps in the negotiated rulemaking process.

FOR FURTHER INFORMATION CONTACT: Rodger J. Boyd, Deputy Assistant 
Secretary for Native American Programs, Office of Public and Indian 
Housing, Department of Housing and Urban Development, 451 7th Street 
SW., Room 4126, Washington, DC 20410-5000, telephone at 202-401-7914 
(this is not a toll-free number). Persons with hearing or speech 
impediments may access this number through TTY by calling the toll-free 
Federal Relay Service at 800-877-8339 (this is a toll-free number).


I. Background

    The Native American Housing Assistance and Self-Determination Act 
of 1996 (25 U.S.C. 4101 et seq.) (NAHASDA) changed the way that housing 
assistance is provided to Native Americans. NAHASDA eliminated several 
separate assistance programs and replaced them with a single block 
grant program, known as the Indian Housing Block Grant (IHBG) program. 
The regulations governing the IHBG formula allocation are codified in 
subpart D of part 1000 of HUD's regulations in title 24 of the Code of 
Federal Regulations. In accordance with section 106 of NAHASDA, HUD 
developed the regulations with active tribal participation and using 
the procedures of the Negotiated Rulemaking Act of 1990 (5 U.S.C. 561-
    Under the IHBG program, HUD makes assistance available to eligible 
Indian tribes for affordable housing activities. The amount of 
assistance made available to each Indian tribe is determined using a 
formula that was developed as part of the NAHASDA negotiated rulemaking 
process. Based on the amount of funding appropriated for the IHBG 
program, HUD calculates the annual grant for each Indian tribe and 
provides this information to the Indian tribes. An Indian Housing Plan 
for the Indian tribe is then submitted to HUD. If the Indian Housing 
Plan is found to be in compliance with statutory and regulatory 
requirements, the grant is made.
    Through this document, HUD announces its intent to initiate 
Negotiated Rulemaking to review the IHBG formula as required by program 
regulations. This document also provides an overview of the next steps 
in the negotiated rulemaking process.

II. Negotiated Rulemaking

    The basic concept of negotiated rulemaking is to have the agency 
that is developing a regulation bring together representatives of 
affected interests for face-to-face negotiations. The give-and-take of 
the negotiation process is expected to foster constructive, creative 
and acceptable solutions to difficult problems.
    Section 564 of the Negotiated Rulemaking Act of 1990 requires that 
an agency publish document(s) in the Federal Register to do the 
following: announce its intent to establish a negotiated rulemaking 
committee; to solicit nominations for selection to the committee; to 
provide a list of the proposed committee membership, and to provide 
certain other information regarding the formation of the committee. HUD 
intends to publish such documents in the near future.

    Dated: June 26, 2012.
Sandra Henriquez,
Assistant Secretary for Public and Indian Housing.
[FR Doc. 2012-16146 Filed 7-2-12; 8:45 am]