Regulatory Reporting Requirements for the Indian Community Development Block Grant Program, 20269-20271 [2010-8924]

Agencies

• DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

[Federal Register Volume 75, Number 74 (Monday, April 19, 2010)]
[Rules and Regulations]
[Pages 20269-20271]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-8924]


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DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

24 CFR Part 1003

[Docket No. FR-5232-F-02]
RIN 2577-AC79


Regulatory Reporting Requirements for the Indian Community 
Development Block Grant Program

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

ACTION: Final rule.

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SUMMARY: This final rule revises the reporting requirements for the 
Indian Community Development Block Grants (ICDBG) program. First, the 
rule provides for submission of a single annual report on the hiring of 
minority business enterprises, due each October. Currently, ICDBG 
grantees are required to report on these activities on a semiannual 
basis, with reports being due to HUD on April 10 and October 10 of each 
year. Second, this rule requires ICDBG grantees to use the Logic Model 
form developed as part of HUD's Notice of Funding Availability (NOFA) 
process. The required use of the Logic Model will conform the ICDBG 
reporting requirements to those of other HUD competitive funding 
programs, and enhance the evaluation of grantee performance by ensuring 
uniformity in the information provided by ICDBG grantees on performance 
goals. This final rule follows publication of an October 23, 2009, 
proposed rule on which HUD received two public comments, both of which 
were supportive of the rule.

DATES: Effective Date: May 19, 2010.

FOR FURTHER INFORMATION CONTACT: Deborah Lalancette, Director, Office 
of Grants Management, Office of Native American Programs, Department of 
Housing and Urban Development, 1670 Broadway, 23rd Floor, Denver, CO 
80202, telephone number 301-675-1600 (this is not a toll-free number). 
Hearing- or speech-impaired individuals may access this number through 
TTY by calling the Federal Information Relay Service at 800-877-8339 
(this is a toll-free number).

SUPPLEMENTARY INFORMATION:

I. Background

    On October 23, 2009 (74 FR 54886), HUD published for public comment 
a proposed rule to revise the reporting requirements for the Indian 
Community Development Block Grant (ICDBG) program. The purpose of the 
ICDBG program is the development of viable Indian and Alaska Native 
communities, including the creation of decent housing, suitable living 
environments, and economic opportunities primarily for persons with low 
and moderate incomes.
    HUD's regulations implementing the ICDBG program are located at 24 
CFR part 1003 (entitled ``Community Development Block Grants for Indian 
Tribes and Alaska Native Villages''). Section 1003.506 of the ICDBG 
program regulations establishes several reporting requirements for 
ICDBG grantees. Specifically, grantees are required to submit an annual 
status and evaluation report (ASER) on previously funded open grants 45 
days after the end of the fiscal year (FY) and upon grant closeout 
(Sec.  1003.506(a)). ICDBG grantees are also required to report on 
minority-owned business enterprises on a semiannual basis, with reports 
being due to HUD on April 10 and October 10 of each year (Sec.  
1003.506(b)). HUD requires submission of these semiannual reports to 
evaluate ICDBG grantee compliance with the government-wide grant 
requirements regarding contracting with minority-owned business 
enterprises codified at 24 CFR 85.36(e). HUD believes that a single 
report would be less burdensome for grantees to prepare and would be 
enough for HUD to monitor compliance with the part 85 minority business 
enterprise requirements. Therefore, this final rule, consistent with 
the October 23, 2009, proposed rule, revises Sec.  1003.506(b) to 
provide for a single annual report to be due each October 10.
    Each year, HUD publishes NOFAs that announce funding availability 
for the majority of HUD's competitive grant programs, including the 
ICDBG program. The FY 2004 NOFA process introduced a planning form 
known as the Logic Model (form HUD-96010). Most grantees are required 
to submit a Logic Model form that identifies the problem or need the 
grant will address,

[[Page 20270]]

the services or activities to be provided with grant funding, and the 
reporting tools that will be used to measure results achieved. Indian 
tribes have not been required to use the Logic Model form. 
Nevertheless, several ICDBG grantees have chosen to use the Logic 
Model.
    This exemption for Indian tribes was based on HUD's desire to 
consult with Indian tribes before making the form HUD-96010 a mandatory 
reporting requirement for ICDBG grant funding. As more fully described 
in section III of the preamble to the October 23, 2009, proposed rule, 
HUD consulted with Indian tribes on the Logic Model form. After 
considering the views and opinions expressed during the consultation 
process, HUD announced its intent, through publication of the October 
23, 2009, proposed rule, to require use of the Logic Model as an ICDBG 
program requirement.
    The proposed rule continued HUD's process of developing the 
regulatory changes with active tribal participation, by soliciting 
comments from the public on the mandatory use of the Logic Model in the 
ICDBG program. As noted, several Indian tribes already use form HUD-
96010. The use of the Logic Model form, as required by this final rule, 
will help ensure uniformity in the information provided by ICDBG 
grantees on performance goals, and thereby facilitate the evaluation of 
grantee performance. The Logic Model will be included as part of the 
ASER requirement, which is codified at Sec.  1003.506(a).

II. This Final Rule; Discussion of Public Comments Received on the 
October 23, 2009, Proposed Rule

    This final rule follows publication of the October 23, 2009, 
proposed rule and takes into consideration the public comments received 
on the proposed rule. After considering the comments, HUD has decided 
to adopt the October 23, 2009, proposed rule without change.
    The public comment period on the proposed rule closed on December 
22, 2009, and HUD received two comments from an Indian tribal community 
development agency and an individual citizen. Both commenters expressed 
support for the proposed rule. One commenter stated that the new 
requirement to provide HUD a single annual report on the hiring of 
minority business enterprises will reduce redundant paperwork and 
eliminate duplicative reporting. The second commenter stated support 
for HUD's effort to conform the ICDBG reporting requirements with those 
of other HUD funding programs in order to ensure the uniformity of 
information provided by grantees on performance goals.

III. Findings and Certifications

Paperwork Reduction Act

    The information collection requirements contained in this final 
rule have been submitted to 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 2535-0114. 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.

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.
    This final rule would not impose any economic burdens on small 
entities. Rather, the regulatory amendments will simplify and reduce 
the reporting requirements for ICDBG program grantees. As discussed 
above in this preamble, the final rule will reduce the number of 
required small business enterprise reports from two to a single report 
to be submitted each October. The final rule will also require the use 
of the Logic Model form in the preparation of the ASER, which ICDBG 
grantees are already required by regulation to submit to HUD. As noted, 
several grantees are already using the Logic Model, which has been a 
familiar part of the NOFA process since FY 2004. While the format of 
the Logic Model is relatively new, the data collection responsibility 
is not. The data required is already recorded by the tribes; it will 
merely be presented in a new format. The required use of the Logic 
Model will conform the ICDBG reporting requirements to those of other 
HUD competitive funding programs. The change will also help ensure 
uniformity in the information provided by ICDBG grantees on performance 
goals, and thereby facilitate the evaluation of grantee performance.
    For the above reasons, the undersigned has determined that the 
final rule will not have a significant economic impact on a substantial 
number of small entities.

Environmental Impact

    This final 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, revise, 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).

Executive Order 13132, 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 the Executive Order. This final rule does not have 
federalism implications and does not impose substantial direct 
compliance costs on state and local governments nor preempt state law 
within the meaning of the Executive Order.

Unfunded Mandates Reform Act

    Title II of the Unfunded Mandates Reform Act of 1995 (2 U.S.C. 
1531-1538) (UMRA) establishes requirements for federal agencies to 
assess the effects of their regulatory actions on state, local, and 
tribal governments, and on the private sector. This final rule does not 
impose any federal mandates on any state, local, or tribal governments, 
or on the private sector, within the meaning of UMRA.

Catalog of Federal Domestic Assistance

    The Catalog of Federal Domestic Assistance number for the ICDBG 
program is 14.862.

List of Subjects in 24 CFR Part 1003

    Alaska, Community development block grants, Grant programs-housing 
and community development, Grant programs-Indians, Indians, Reporting 
and recordkeeping requirements.


0
For the reasons stated in the preamble, HUD amends 24 CFR part 1003 as 
follows:

[[Page 20271]]

PART 1003--COMMUNITY DEVELOPMENT BLOCK GRANTS FOR INDIAN TRIBES AND 
ALASKA NATIVE VILLAGES

0
1. The authority citation for part 1003 continues to read as follows:

    Authority:  42 U.S.C. 3535(d) and 5301 et seq.


0
2. In Sec.  1003.506, redesignate paragraph (a)(3) as paragraph (a)(4), 
add a new paragraph (a)(3) and revise paragraph (b) to read as follows:


Sec.  1003.506  Reports.

    (a) * * *
    (3) Program performance. Data on program outputs and outcomes, in a 
form prescribed by HUD.
* * * * *
    (b) Minority business enterprise reports. Grantees shall submit to 
HUD, by October 10, a report on contract and subcontract activity 
during the fiscal year.
* * * * *

    Dated: April 6, 2010.
Sandra Henriquez,
Assistant Secretary for Public and Indian Housing.
[FR Doc. 2010-8924 Filed 4-16-10; 8:45 am]
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