Fish and Wildlife Service and Confederated Salish and Kootenai Tribes Sign Annual Funding Agreement, 39713-39714 [E8-15685]
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Federal Register / Vol. 73, No. 133 / Thursday, July 10, 2008 / Notices
addresses, is landlords submitting false
claims for periodic payments under
housing assistance payment (HAP)
contracts.
FOR FURTHER INFORMATION CONTACT:
Bryan P. Saddler, Counsel to the
Inspector General, Office of Legal
Counsel Office of Inspector General,
Department of Housing and Urban
Development, 451 Seventh Street, SW.,
Room 8260, Washington, DC 20410–
4500, telephone (202) 708–1613 (this is
not a toll-free number). Persons with
hearing or speech impairments may
access this number through TTY by
calling the toll-free Federal Information
Relay Service at (800) 877–8339.
SUPPLEMENTARY INFORMATION:
I. Mission of HUD’s OIG
The mission of HUD’s OIG is to
provide policy direction to HUD and to
conduct, supervise, and coordinate
audits, investigations, and other
activities for the purpose of promoting
economy and efficiency in the
administration of the programs and
operations of HUD and preventing and
detecting fraud and abuse in such
programs.
Consistent with this mission, Section
II of this notice presents OIG’s fraud
information bulletin on charging excess
rent in the Housing Choice Voucher
program.
II. Fraud Information Bulletin: Excess
Rent
Purpose
This Bulletin highlights a recurring
problem in the Housing Choice Voucher
(HCV) program. Specifically, this
Bulletin discusses the submission by
landlords of false claims for periodic
payments under Housing Assistance
Payment (HAP) contracts, where such
landlords have violated their continuing
obligations to not charge tenants rents in
excess of what is authorized by the HAP
contracts.
jlentini on PROD1PC65 with NOTICES
The Problem
Improperly requiring tenants to pay
rent in excess of what is authorized by
the applicable HAP contract represents
both an actionable offense under the
False Claims Act and deplorable
behavior directed towards the very
persons whom the HCV program was
designed to serve. (Additionally,
depending on the intent, such an action
may qualify as a criminal offense under
18 U.S.C. 287, 1343, etc.) OIG will not
tolerate such conduct, and rather will
cooperate with efforts to bring offending
landlords to justice and to remedy their
wrongs.
VerDate Aug<31>2005
16:58 Jul 09, 2008
Jkt 214001
Background
HUD administers Federal aid to local
housing agencies (HAs) that is intended
to implement housing assistance
programs for low-income residents.
With respect to the HCV program, HUD
funds HAs via annual contributions
contracts. The HAs, in turn, enter into
HAP contracts with individual
landlords. These HAP contracts provide
for periodic housing assistance
payments on behalf of eligible lowincome tenants. The HAP contracts also
may require eligible tenants to make
supplemental rent payments; however,
the contracts expressly prohibit
landlords from requiring tenants to pay
rent in excess of what is authorized by
the HAP contracts.
Pursuant to qui tam complaints and
citizen complaints filed throughout the
nation and subsequent activities, OIG
has become aware of a number of
landlords who have improperly
required tenants to pay rent in excess of
what is authorized by the HAP
contracts, and thereby submitted or
caused to be submitted false claims for
HAP contract periodic rent payments.
Example
On July 29, 2005, a Connecticut
tenant filed a qui tam complaint, under
31 U.S.C. 3730, against her former
landlord. See Coleman v. Hernandez,
490 F. Supp.2d 278 (D. Conn. 2007).
The tenant complained that pursuant to
a HAP contract the landlord had agreed
to accept $1,550 per month for the
rental of an apartment in Stamford. Of
this $1,550, the tenant was personally
responsible for $20, and HUD via the
HA paid the complementary $1,530. In
spite of the explicit prohibition in the
HAP contract, however, the landlord
required the tenant to pay an
‘‘additional rent payment’’ of $60 on six
separate occasions. In other words, the
landlord inappropriately extracted an
additional $360 from the helpless
tenant.
OIG is aware of numerous similar
examples of this sort of egregious
conduct nationwide.
Penalty
Pursuant to the False Claims Act, 31
U.S.C. 3729 et seq., persons who submit
to HUD or a HUD intermediary claims
that are false, fictitious or fraudulent are
liable for an assessment equal to three
times the amount of the claim, plus a
penalty of between $5,500 and $11,000
per claim. The United States may take
the position that the entire amount of its
HAP payment, not merely the amount of
the excess payment by the tenant, is the
claim that should be trebled where
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Fmt 4703
Sfmt 4703
39713
landlords make false certifications
concerning excess rent charged.
Additionally, each periodic rent
payment constitutes a separate claim;
thus, in the Coleman case the court
levied a $33,000 (6 × $5,500) penalty
against the landlord for her $360
victimization of the tenant.
Pertinent Information
If you have pertinent information
regarding this bulletin, please contact:
Office of Legal Counsel, Office of the
Inspector General, Department of
Housing and Urban Development, 451
Seventh St., SW., Room 8260,
Washington, DC 20410.
Dated: July 1, 2008.
Kenneth M. Donohue,
Inspector General.
[FR Doc. E8–15663 Filed 7–9–08; 8:45 am]
BILLING CODE 4210–67–P
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
Fish and Wildlife Service and
Confederated Salish and Kootenai
Tribes Sign Annual Funding
Agreement
Fish and Wildlife Service,
Interior.
ACTION: Notice.
AGENCY:
SUMMARY: On June 19, 2008, the U.S.
Fish and Wildlife Service (the Service)
and the Confederated Salish and
Kootenai Tribes (CSKT) (collectively the
Parties) signed an annual funding
agreement (AFA) under the Tribal SelfGovernance Act of 1994. The Tribal
Self-Governance Act provides for the
Secretary of the Interior (the Secretary)
to negotiate and enter into an AFA with
a tribe participating in Self-Governance,
authorizing the tribe to plan, conduct,
consolidate, and administer programs,
services, functions, and activities, or
portions thereof (Activities),
administered by the Secretary, which
are of special geographic, historical, or
cultural significance to that tribe. This
includes such Activities within the
National Wildlife Refuge System
(NWRS).
Under the AFA, the CSKT will
function in partnership with the Service
and will be directly involved with our
management mission at the National
Bison Range Complex (NBRC). CSKT
will perform a variety of Activities at
the NBRC, including operational
responsibility for mission-critical
Activities such as the biology,
maintenance, visitor services, and fire
programs. The NBRC will remain a unit
E:\FR\FM\10JYN1.SGM
10JYN1
jlentini on PROD1PC65 with NOTICES
39714
Federal Register / Vol. 73, No. 133 / Thursday, July 10, 2008 / Notices
of the NWRS and will continue to be
administered and managed by the
Service in accordance with the NWRS
Administration Act (16 U.S.C. 668dd–
ee, as amended), and all other
applicable Federal laws, regulations,
and policies.
On June 19, 2008, the AFA was signed
by the Tribal Chairman and the Director
of the Service, and endorsed by the
following senior Department of the
Interior management officials: The
Secretary of the Interior, Deputy
Secretary of the Interior, Assistant
Secretary for Fish and Wildlife and
Parks, and Acting Director, Office of
Economic Development, on behalf of the
Office of the Acting Assistant
Secretary—Indian Affairs. Copies of the
AFA have been forwarded to the U.S.
Congress for a 90-day review period,
pursuant to the implementing
regulations at 25 CFR 1000.177–178.
DATES: The AFA term is October 1,
2008, through September 30, 2011. The
Parties may agree in writing to extend
the term for performing any Activity
covered by the AFA, as provided at 25
CFR 1000.146, and subject to applicable
Federal laws and regulations. All of the
terms and conditions of the AFA will
apply during any extension. The Parties
may modify the Activities covered by
the AFA or the consideration paid by
the Service to the CSKT for performing
an Activity only by amendment as
provided in Section 21.A of the AFA.
ADDRESSES: You may obtain a copy of
the AFA and Attachments A–D at any
of the following Internet or U.S. mail
addresses:
1. Internet—https://mountainprairie.fws.gov/cskt-fws-negotiation.
2. Montana—National Bison Range
Headquarters, 132 Bison Range Road,
Moiese, Montana 59824.
3. Denver—U.S. Fish and Wildlife
Service Regional Office, National
Wildlife Refuge System—MountainPrairie Region, P.O. Box 25486, DFC,
Denver, Colorado 80225.
4. Confederated Salish and Kootenai
Tribes, P.O. Box 278, Pablo, Montana
59855.
FOR FURTHER INFORMATION CONTACT:
Dean Rundle, Refuge Supervisor, at
(303) 236–4306.
SUPPLEMENTARY INFORMATION: What is
the NBRC? Located in northwestern
Montana, the NBRC is part of the NWRS
and consists of the National Bison
Range, the Pablo and Ninepipe National
Wildlife Refuges, and that portion of the
Northwest Montana Wetland
Management District that lies in Lake
County. Established in 1908 to conserve
the American Bison, the NBRC provides
important habitat for a variety of species
VerDate Aug<31>2005
16:58 Jul 09, 2008
Jkt 214001
such as elk, pronghorn antelope, and
migratory birds.
How Was the AFA Developed? The
Service and the CKST negotiated in
accordance with 25 CFR part 1000.
What Events Led to this AFA? In
January 2008, at the request of
Department of the Interior and Service
leadership, representatives of the Parties
entered into a facilitated process to
create a framework for negotiating an
AFA pursuant to the Indian SelfDetermination and Education
Assistance Act (Pub. L. 93–638). The
overarching goal of this process and the
subsequent negotiations was to build
trust and ensure a solid understanding
of both Parties’ interests and intentions
with regard to the long-term
conservation and stewardship of the
NBRC.
Throughout the period of JanuaryJune 2008, the parties engaged in
government-to-government negotiations,
led by professional, field-level staff, to
draft the AFA in a manner that balanced
the intent and function of the SelfGovernance Act and the NWRS
Administration Act, as well as other
applicable Federal laws, regulations,
and policies. Following the conclusion
of negotiations in June 2008, the Service
and the Department of the Interior
conducted an extensive legal and policy
review of the AFA to ensure it met all
applicable requirements before signing
the AFA on behalf of the United States.
What is the Tribal Self-Governance
Act of 1994? The Tribal Self-Governance
Act (codified at 25 U.S.C. 458aa–458hh)
was enacted as an amendment to Public
Law 93–638 (codified as the Indian SelfDetermination Act, 25 U.S.C. 450–450n)
and incorporated as Title IV of that Law.
The Tribal Self-Governance Act allows
qualifying tribes the opportunity to
request AFAs with the Bureau of Indian
Affairs (BIA) and non-BIA bureaus
within the Department of the Interior.
When dealing with non-BIA bureaus,
including the Service, qualifying tribes
may enter into AFAs that allow them to
conduct certain activities of such nonBIA bureaus. Eligible activities include
Indian programs (programs created for
the benefit of Native Americans because
of their status as Native Americans);
activities otherwise available to Native
American tribes (any activity that a
Federal agency might otherwise contract
to outside entities); and activities that
have a special geographic, historical, or
cultural significance to the Indian tribe
requesting a compact. Public Law 93–
638 and the implementing regulation at
25 CFR 1000.129 prohibit the inclusion
of Activities in an AFA that are
inherently Federal functions. The NBRC
has no special Tribal programs. All
PO 00000
Frm 00069
Fmt 4703
Sfmt 4703
activities conducted by the Service on
national wildlife refuges are for the
benefit of the fish and wildlife
resources, their habitats, and the
American public. Activities that may
have a special relationship with a tribe
are the most promising for inclusion in
an AFA. Whether to enter into an AFA
with a tribe for these activities is
discretionary on the part of the Service.
The Service recognizes that the CSKT
has a cultural, historical, and/or
geographical connection to the lands
and resources of the NBRC. The
proposed AFA provides for the CSKT to
perform certain Activities for the NBRC
during a 3-year period.
What Happens Now?
As noted above, the AFA has been
signed by the Director of the Service,
and endorsed by senior Department of
the Interior management. In accordance
with 25 CFR 1000.177, the Assistant
Secretary for Fish and Wildlife and
Parks has forwarded copies of the AFA
to the Senate Committee on Indian
Affairs and the House Subcommittee on
Native American and Insular Affairs, as
well as other Congressional committees
with jurisdictions related to the NWRS
and the Service. If there are no
objections to the AFA, the agreement
will take effect 90 days after submission
to Congress.
Dated: June 27, 2008.
Lyle Laverty,
Assistant Secretary for Fish and Wildlife and
Parks.
[FR Doc. E8–15685 Filed 7–9–08; 8:45 am]
BILLING CODE 4310–55–P
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
[FWS–R9–FHC–2008–N0174; 94300–1122–
0000–Z2]
Wind Turbine Guidelines Advisory
Committee; Announcement of Public
Meeting
Fish and Wildlife Service,
Interior.
ACTION: Notice of public meeting.
AGENCY:
SUMMARY: We, the U.S. Fish and
Wildlife Service (Service), will host a
Wind Turbine Guidelines Advisory
Committee (Committee) meeting, on
July 23–24, 2008. The meeting is open
to the public. The meeting agenda will
include reports from the Subcommittees
on Existing Guidelines, Legal,
Landscape Habitat (Mapping), Science
Tools and Procedures, and Other
Models/Uncertainty; and briefings from
E:\FR\FM\10JYN1.SGM
10JYN1
]]>Agencies
[Federal Register Volume 73, Number 133 (Thursday, July 10, 2008)]
[Notices]
[Pages 39713-39714]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-15685]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
Fish and Wildlife Service and Confederated Salish and Kootenai
Tribes Sign Annual Funding Agreement
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: On June 19, 2008, the U.S. Fish and Wildlife Service (the
Service) and the Confederated Salish and Kootenai Tribes (CSKT)
(collectively the Parties) signed an annual funding agreement (AFA)
under the Tribal Self-Governance Act of 1994. The Tribal Self-
Governance Act provides for the Secretary of the Interior (the
Secretary) to negotiate and enter into an AFA with a tribe
participating in Self-Governance, authorizing the tribe to plan,
conduct, consolidate, and administer programs, services, functions, and
activities, or portions thereof (Activities), administered by the
Secretary, which are of special geographic, historical, or cultural
significance to that tribe. This includes such Activities within the
National Wildlife Refuge System (NWRS).
Under the AFA, the CSKT will function in partnership with the
Service and will be directly involved with our management mission at
the National Bison Range Complex (NBRC). CSKT will perform a variety of
Activities at the NBRC, including operational responsibility for
mission-critical Activities such as the biology, maintenance, visitor
services, and fire programs. The NBRC will remain a unit
[[Page 39714]]
of the NWRS and will continue to be administered and managed by the
Service in accordance with the NWRS Administration Act (16 U.S.C.
668dd-ee, as amended), and all other applicable Federal laws,
regulations, and policies.
On June 19, 2008, the AFA was signed by the Tribal Chairman and the
Director of the Service, and endorsed by the following senior
Department of the Interior management officials: The Secretary of the
Interior, Deputy Secretary of the Interior, Assistant Secretary for
Fish and Wildlife and Parks, and Acting Director, Office of Economic
Development, on behalf of the Office of the Acting Assistant
Secretary--Indian Affairs. Copies of the AFA have been forwarded to the
U.S. Congress for a 90-day review period, pursuant to the implementing
regulations at 25 CFR 1000.177-178.
DATES: The AFA term is October 1, 2008, through September 30, 2011. The
Parties may agree in writing to extend the term for performing any
Activity covered by the AFA, as provided at 25 CFR 1000.146, and
subject to applicable Federal laws and regulations. All of the terms
and conditions of the AFA will apply during any extension. The Parties
may modify the Activities covered by the AFA or the consideration paid
by the Service to the CSKT for performing an Activity only by amendment
as provided in Section 21.A of the AFA.
ADDRESSES: You may obtain a copy of the AFA and Attachments A-D at any
of the following Internet or U.S. mail addresses:
1. Internet--https://mountain-prairie.fws.gov/cskt-fws-negotiation.
2. Montana--National Bison Range Headquarters, 132 Bison Range
Road, Moiese, Montana 59824.
3. Denver--U.S. Fish and Wildlife Service Regional Office, National
Wildlife Refuge System--Mountain-Prairie Region, P.O. Box 25486, DFC,
Denver, Colorado 80225.
4. Confederated Salish and Kootenai Tribes, P.O. Box 278, Pablo,
Montana 59855.
FOR FURTHER INFORMATION CONTACT: Dean Rundle, Refuge Supervisor, at
(303) 236-4306.
SUPPLEMENTARY INFORMATION: What is the NBRC? Located in northwestern
Montana, the NBRC is part of the NWRS and consists of the National
Bison Range, the Pablo and Ninepipe National Wildlife Refuges, and that
portion of the Northwest Montana Wetland Management District that lies
in Lake County. Established in 1908 to conserve the American Bison, the
NBRC provides important habitat for a variety of species such as elk,
pronghorn antelope, and migratory birds.
How Was the AFA Developed? The Service and the CKST negotiated in
accordance with 25 CFR part 1000.
What Events Led to this AFA? In January 2008, at the request of
Department of the Interior and Service leadership, representatives of
the Parties entered into a facilitated process to create a framework
for negotiating an AFA pursuant to the Indian Self-Determination and
Education Assistance Act (Pub. L. 93-638). The overarching goal of this
process and the subsequent negotiations was to build trust and ensure a
solid understanding of both Parties' interests and intentions with
regard to the long-term conservation and stewardship of the NBRC.
Throughout the period of January-June 2008, the parties engaged in
government-to-government negotiations, led by professional, field-level
staff, to draft the AFA in a manner that balanced the intent and
function of the Self-Governance Act and the NWRS Administration Act, as
well as other applicable Federal laws, regulations, and policies.
Following the conclusion of negotiations in June 2008, the Service and
the Department of the Interior conducted an extensive legal and policy
review of the AFA to ensure it met all applicable requirements before
signing the AFA on behalf of the United States.
What is the Tribal Self-Governance Act of 1994? The Tribal Self-
Governance Act (codified at 25 U.S.C. 458aa-458hh) was enacted as an
amendment to Public Law 93-638 (codified as the Indian Self-
Determination Act, 25 U.S.C. 450-450n) and incorporated as Title IV of
that Law. The Tribal Self-Governance Act allows qualifying tribes the
opportunity to request AFAs with the Bureau of Indian Affairs (BIA) and
non-BIA bureaus within the Department of the Interior. When dealing
with non-BIA bureaus, including the Service, qualifying tribes may
enter into AFAs that allow them to conduct certain activities of such
non-BIA bureaus. Eligible activities include Indian programs (programs
created for the benefit of Native Americans because of their status as
Native Americans); activities otherwise available to Native American
tribes (any activity that a Federal agency might otherwise contract to
outside entities); and activities that have a special geographic,
historical, or cultural significance to the Indian tribe requesting a
compact. Public Law 93-638 and the implementing regulation at 25 CFR
1000.129 prohibit the inclusion of Activities in an AFA that are
inherently Federal functions. The NBRC has no special Tribal programs.
All activities conducted by the Service on national wildlife refuges
are for the benefit of the fish and wildlife resources, their habitats,
and the American public. Activities that may have a special
relationship with a tribe are the most promising for inclusion in an
AFA. Whether to enter into an AFA with a tribe for these activities is
discretionary on the part of the Service. The Service recognizes that
the CSKT has a cultural, historical, and/or geographical connection to
the lands and resources of the NBRC. The proposed AFA provides for the
CSKT to perform certain Activities for the NBRC during a 3-year period.
What Happens Now?
As noted above, the AFA has been signed by the Director of the
Service, and endorsed by senior Department of the Interior management.
In accordance with 25 CFR 1000.177, the Assistant Secretary for Fish
and Wildlife and Parks has forwarded copies of the AFA to the Senate
Committee on Indian Affairs and the House Subcommittee on Native
American and Insular Affairs, as well as other Congressional committees
with jurisdictions related to the NWRS and the Service. If there are no
objections to the AFA, the agreement will take effect 90 days after
submission to Congress.
Dated: June 27, 2008.
Lyle Laverty,
Assistant Secretary for Fish and Wildlife and Parks.
[FR Doc. E8-15685 Filed 7-9-08; 8:45 am]
BILLING CODE 4310-55-P
