[Federal Register: December 12, 2006 (Volume 71, Number 238)]
[Notices]
[Page 74747-74749]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr12de06-148]
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Part VII
Department of Housing and Urban Development
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Use of Census Data in the IHBG Program; Notice
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DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
[Docket No. FR-5055-N-01]
Use of Census Data in the IHBG Program
AGENCY: Office of the Assistant Secretary for Public and Indian
Housing, HUD.
ACTION: Notice.
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SUMMARY: Senate Report 109-109, which accompanied HUD's Fiscal Year
(FY) 2006 appropriations act, provides for HUD to reassess through
notice and comment rulemaking its use of multi-race data in the
computation of the Need component of the Indian Housing Block Grant
(IHBG) program allocation formula. Through the IHBG program, HUD
provides Federal housing assistance to Indian tribes in a manner that
recognizes the right of Indian self-determination and tribal self-
government. Consistent with the language of Senate Report 109-109, this
notice solicits public comment on HUD's use of multi-race data in the
computation of the IHBG program allocation formula. Following HUD's
review and consideration of the comments received, HUD may proceed with
additional rulemaking as necessary.
DATES: Comment Due Date: February 12, 2007.
ADDRESSES: Interested persons are invited to submit comments regarding
this rule to the Regulations Division, Office of General Counsel,
Department of Housing and Urban Development, 451 Seventh Street, SW.,
Room 10276, Washington, DC 20410-0500. Interested persons may also
submit comments electronically through the Federal electronic
rulemaking portal at: http://www.regulations.gov. HUD strongly encourages
commenters to submit comments electronically in order to make them
immediately available to the public. Commenters should follow the
instructions provided on that site to submit comments electronically.
Facsimile (FAX) comments are not acceptable. All communications must
refer to the docket number and title. All comments and communications
submitted will be available, without revision, for public inspection
and copying between 8 a.m. and 5 p.m. weekdays at the above address.
Due to security measures at the HUD Headquarters building, an advance
appointment to review the public comments must be scheduled by calling
the Regulations Divisions at (202) 708-3055 (this is not a toll-free
number). Copies of the public comments submitted are also available for
inspection and downloading at http://www.regulations.gov.
FOR FURTHER INFORMATION CONTACT: Rodger J. Boyd, Deputy Assistant
Secretary for Native American Programs, Department of Housing and Urban
Development, Office of Public and Indian Housing, 451 Seventh Street,
SW., Room 4126, Washington, DC 20410-5000; telephone 202-401-7914 (this
telephone number is not toll-free). Individuals with speech or hearing
impairments may access this number through TTY by calling the toll-free
Federal Information Relay Service at 1-800-877-8339.
SUPPLEMENTARY INFORMATION:
I. Background
Senate Report 109-109, which accompanied the Transportation,
Treasury, Housing and Urban Development, the Judiciary, the District of
Columbia, and Independent Agencies Appropriations Act, 2006 (Pub. L.
109-115; approved November 30, 2005), provides for HUD to reassess
through ``notice and comment rulemaking'' its use of multi-race data in
the computation of the Need component of the IHBG program allocation
formula. Through the IHBG program, HUD provides Federal housing
assistance to Indian tribes in a manner that recognizes the right of
Indian self-determination and tribal self-government. HUD's regulations
for the IHBG program, which were developed with active tribal
participation using negotiated rulemaking procedures, are located at 24
CFR part 1000.
As authorized under title I of the Native American Housing
Assistance and Self-Determination Act of 1996 (25 U.S.C. 4101 et seq.),
this program provides an allocation of funds on a formula basis to
Indian tribes or their tribally designated housing entities to help
them address the housing needs within their communities. The formula,
which was developed as part of the negotiated rulemaking process,
consists of two components--Need and Formula Current Assisted Stock
(FCAS). A regulatory description of the formula is located in subpart D
of 24 CFR part 1000 (Sec. Sec. 1000.301-1000.340).
Generally, the amount of funding for a tribe is the sum of the
formula's Need component and the Formula Current Assisted Stock (FCAS)
component, subject to a minimum funding amount authorized by Sec.
1000.328. Based on the amount of funding appropriated annually for the
IHBG program, HUD calculates the annual grant for each tribe and
conveys this information to Indian tribes. HUD's current regulations at
Sec. 1000.330 describe the sources of data HUD will use to determine
the Need component variables. The regulations state that the data shall
be ``data available that is collected in a uniform manner that can be
confirmed and verified for all AIAN [American Indian Alaska Native]
households and persons living in an identified area. Initially, the
data used are U.S. Decennial Census data.''
The most recent Decennial Census in 2000, for the first time,
allowed respondents to claim that they are ``American Indian Alaska
Native (AIAN) in combination with other racial groups'' (multi-race),
or to report their race as ``AIAN only'' (single race). The current
regulation does not specify the use of single race or multi-race data.
Accordingly, HUD exercised the discretion provided by the regulation to
determine that the 2000 Census categories of ``AIAN alone'' and ``AIAN
in combination with other racial groups'' represented the best
available data to accomplish the statutory purposes of the IHBG
program. HUD concluded that it is the most inclusive definition of AIAN
persons and ensures that no such persons are excluded. Accordingly, in
Fiscal Years (FY) 2004 and 2005, HUD issued its IHBG funding by using
multi-race census data for making funding allocations.
For FY2006, Congress directed the Department to calculate funding
allocations under the need component of the IHBG formula using multi-
race and single race Census data, and to award each tribe the higher of
the two calculations. Title III of the FY2006 Transportation, Treasury,
Housing and Urban Development, the Judiciary, the District of Columbia,
and Independent Agencies Appropriations Act provided that,
``notwithstanding the Native American Housing Assistance and Self-
Determination Act of 1996, to determine the amount of the allocation
under title I of such Act for each Indian tribe, the Secretary shall
apply the formula under section 302 of such Act with the need component
based on single-race Census data and with the need component based on
multi-race Census data, and the amount of the allocation for each
Indian tribe shall be the greater of the two resulting allocation
amounts:''.
The IHBG Formula Negotiated Rulemaking Committee (Committee)
discussed the use of multi-race data during its 2003-2005 negotiations.
HUD established the Committee, consisting of tribal and HUD
representatives, to negotiate and develop proposed regulatory changes
to the IHBG
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allocation formula regulations. The Committee was unable to reach
consensus on changes to current regulatory language at Sec. 1000.330
regarding the use of census data. The proposed rule negotiated by the
Committee was published on February 25, 2005 (70 FR 9489), and is
currently in the process of being made final. Additional information
regarding the Committee's discussion on the use of multi-race census
data can be found in the preamble of the proposed rule (see 70 FR
9496).
II. This Notice
Consistent with the language of Senate Report 109-109, this notice
invites public comment on HUD's use of multi-race data in the
computation of the IHBG program allocation formula. Specifically, HUD
invites public comments on the feasibility of using either single race
or multi-race data to determine funding for the Need component of the
IHBG formula. As noted above, the regulations at 1000.330 do not
address the use of multi-race or single race census data. Accordingly,
at this time, HUD is not proposing a regulatory change. Following HUD's
review and consideration of the comments received on this notice, HUD
may proceed with rulemaking as necessary.
Dated: December 1, 2006.
Orlando J. Cabrera,
Assistant Secretary for Public and Indian Housing.
[FR Doc. E6-20939 Filed 12-11-06; 8:45 am]
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