30-Day Notice of Proposed Information Collection: FHA Lender Approval, Annual Renewal, Periodic Updates and Required Reports by FHA-Approved Lenders, 13816-13817 [2016-05779]
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Federal Register / Vol. 81, No. 50 / Tuesday, March 15, 2016 / Notices
Temporary Protected Status (TPS), and
aliens abroad seeking humanitarian
parole who need to apply for a travel
document to lawfully enter or reenter
the United States. Eligible recipients of
deferred action under childhood arrivals
(DACA) may now request an advance
parole documents based on
humanitarian, educational and
employment reasons. Lawful permanent
residents may now file requests for
travel permits (transportation letter or
boarding foil).
(5) An estimate of the total number of
respondents and the amount of time
estimated for an average respondent to
respond: The estimated total number of
respondents for the information
collection I–131 is 495,090 and the
estimated hour burden per response is
1.9 hours; 71,665 respondents providing
biometrics at 1.17 hours; and 293,733
respondents providing passport-style
photographs at .50 hours.
(6) An estimate of the total public
burden (in hours) associated with the
collection: The total estimated annual
hour burden associated with this
collection is 1,171,386 hours.
(7) An estimate of the total public
burden (in cost) associated with the
collection: The estimated total annual
cost burden associated with this
collection of information is
$148,493,790.
Dated: March 10, 2016.
Samantha Deshommes,
Acting Chief, Regulatory Coordination
Division, Office of Policy and Strategy, U.S.
Citizenship and Immigration Services,
Department of Homeland Security.
[FR Doc. 2016–05839 Filed 3–14–16; 8:45 am]
BILLING CODE 9111–97–P
DEPARTMENT OF HOUSING AND
URBAN DEVELOPMENT
[Docket No. FR–5909–N–13]
30-Day Notice of Proposed Information
Collection: FHA Lender Approval,
Annual Renewal, Periodic Updates and
Required Reports by FHA-Approved
Lenders
Office of the Chief Information
Officer, HUD.
ACTION: Notice.
asabaliauskas on DSK3SPTVN1PROD with NOTICES
AGENCY:
HUD has submitted the
proposed information collection
requirement described below to the
Office of Management and Budget
(OMB) for review, in accordance with
the Paperwork Reduction Act. The
purpose of this notice is to allow for an
additional 30 days of public comment.
SUMMARY:
VerDate Sep<11>2014
17:40 Mar 14, 2016
Jkt 238001
DATES:
Comments Due Date: April 14,
2016.
Interested persons are
invited to submit comments regarding
this proposal. Comments should refer to
the proposal by name and/or OMB
Control Number and should be sent to:
HUD Desk Officer, Office of
Management and Budget, New
Executive Office Building, Washington,
DC 20503; fax: 202–395–5806. Email:
OIRA_Submission@omb.eop.gov.
FOR FURTHER INFORMATION CONTACT:
Colette Pollard, Reports Management
Officer, QMAC, Department of Housing
and Urban Development, 451 7th Street
SW., Washington, DC 20410; email
Colette Pollard at Colette.Pollard@
hud.gov or telephone 202–402–3400.
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 Relay
Service at (800) 877–8339.
Copies of available documents
submitted to OMB may be obtained
from Ms. Pollard.
SUPPLEMENTARY INFORMATION: This
notice informs the public that HUD is
seeking approval from OMB for the
information collection described in
Section A. The Federal Register notice
that solicited public comment on the
information collection for a period of 60
days was published on September 1,
2015 at 80 FR 52781.
ADDRESSES:
A. Overview of Information Collection
Title of Information Collection: FHA
Lender Approval, Annual Renewal,
Periodic Updates and Required Reports
by FHA-Approved Lenders.
OMB Approval Number: 2502–0005.
Type of Request: Revision of currently
approved collection.
Form Number: Online Application for
Lender Approval (previously HUD–
92001–A) and Annual Certification.
Description of the need for the
information and proposed use: The
Secretary of the Department of Housing
and Urban Development is authorized to
insure lenders and mortgagees against
the risk of loss in connection with
certain mortgages under Titles I and II
of the National Housing Act, 12 U.S.C.
1702 et seq. The Secretary is also
authorized to prescribe criteria for
approval of these lenders and
mortgagees to participate in the
Department’s insured housing programs,
including certain statutory and
regulatory eligibility requirements set
forth in 12 U.S.C. 1702(d)(2) and 24 CFR
202.5. See 12 U.S.C. 1702 et seq. and 42
U.S.C. 3535(d). Criteria for approval to
become a Title I and/or Title II
Mortgagee are specified in 24 CFR 202
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Frm 00046
Fmt 4703
Sfmt 4703
and HUD Handbook 4000.1. Once
approved, FHA lenders must provide
additional information on an annual
basis and within specified timeframes of
certain events or business changes in
order to maintain their FHA approval.
Lenders already approved by FHA
submit this information annually using
the Lender Electronic Assessment Portal
(LEAP), which is accessed via FHA
Connection. Prospective lender
applicants submit this information
electronically using the Online
Application for Lender Approval, which
is accessed via the hud.gov Web site.
The information is used by FHA to
verify that lenders meet all approval and
eligibility requirements. It is also used
to assist FHA in managing its financial
risks and to protect consumers from
lender noncompliance with FHA
regulations. Proposed revisions to the
annual certification statements included
in FHA’s Lender Electronic Assessment
Portal (LEAP) and the initial
certification statements included in
FHA’s Online Application for Lender
Approval, as well as HUD’s responses to
comments received from the 60-day
notice, are available on HUD’s Web site
at: https://portal.hud.gov/hudportal/
HUD?src=/program_offices/housing/sfh/
SFH_policy_drafts.
Respondents: Regulatory or
compliance.
Estimated Number of Respondents:
3,115.
Estimated Number of Responses:
13,260.
Frequency of Response: Annual/
Periodic.
Average Hours per Response: 1.00
hour.
Total Estimated Burdens: 13,320
hours.
B. Solicitation of Public Comment
This notice is soliciting comments
from members of the public and affected
parties concerning the collection of
information described in Section A on
the following:
(1) Whether the proposed collection
of information is necessary for the
proper performance of the functions of
the agency, including whether the
information will have practical utility;
(2) The accuracy of the agency’s
estimate of the burden of the proposed
collection of information;
(3) Ways to enhance the quality,
utility, and clarity of the information to
be collected; and
(4) Ways to minimize the burden of
the collection of information on those
who are to respond; including through
the use of appropriate automated
collection techniques or other forms of
E:\FR\FM\15MRN1.SGM
15MRN1
Federal Register / Vol. 81, No. 50 / Tuesday, March 15, 2016 / Notices
information technology, e.g., permitting
electronic submission of responses.
HUD encourages interested parties to
submit comment in response to these
questions.
Authority: Section 3507 of the Paperwork
Reduction Act of 1995, 44 U.S.C. Chapter 35.
Dated: March 10, 2016.
Colette Pollard,
Department Reports Management Officer,
Office of the Chief Information Officer.
[FR Doc. 2016–05779 Filed 3–14–16; 8:45 am]
BILLING CODE 4210–67–P
DEPARTMENT OF THE INTERIOR
Bureau of Indian Affairs
[167 A2100DD/AAKC001030/
A0A501010.999900]
HEARTH Act Approval of Shakopee
Mdewakanton Sioux Community
Regulations
Bureau of Indian Affairs,
Interior.
ACTION: Notice.
AGENCY:
On March 3, 2016, the Bureau
of Indian Affairs (BIA) approved the
Shakopee Mdewakanton Sioux
Community leasing regulations under
the HEARTH Act. With this approval,
the Tribe is authorized to enter into the
following type of leases without BIA
approval: Business site leases.
FOR FURTHER INFORMATION CONTACT:
Sharlene Round Face, Bureau of Indian
Affairs, Division of Real Estate Services,
MS–4642–MIB, 1849 C Street NW.,
Washington, DC 20240, at (202) 208–
3615.
SUPPLEMENTARY INFORMATION:
asabaliauskas on DSK3SPTVN1PROD with NOTICES
SUMMARY:
I. Summary of the HEARTH Act
The HEARTH (Helping Expedite and
Advance Responsible Tribal
Homeownership) Act of 2012 (the Act)
makes a voluntary, alternative land
leasing process available to Tribes, by
amending the Indian Long-Term Leasing
Act of 1955, 25 U.S.C. 415. The Act
authorizes Tribes to negotiate and enter
into agricultural and business leases of
Tribal trust lands with a primary term
of 25 years, and up to two renewal terms
of 25 years each, without the approval
of the Secretary of the Interior. The Act
also authorizes Tribes to enter into
leases for residential, recreational,
religious, or educational purposes for a
primary term of up to 75 years without
the approval of the Secretary.
Participating Tribes develop Tribal
leasing regulations, including an
environmental review process, and then
must obtain the Secretary’s approval of
VerDate Sep<11>2014
17:40 Mar 14, 2016
Jkt 238001
those regulations prior to entering into
leases. The Act requires the Secretary to
approve Tribal regulations if the Tribal
regulations are consistent with the
Department of the Interior’s (the
Department) leasing regulations at 25
CFR part 162 and provide for an
environmental review process that
meets requirements set forth in the Act.
This notice announces that the
Secretary, through the Assistant
Secretary—Indian Affairs, has approved
the Tribal regulations for the Shakopee
Mdewakanton Sioux Community.
II. Federal Preemption of State and
Local Taxes
The Department’s regulations
governing the surface leasing of trust
and restricted Indian lands specify that,
subject to applicable Federal law,
permanent improvements on leased
land, leasehold or possessory interests,
and activities under the lease are not
subject to State and local taxation and
may be subject to taxation by the Indian
Tribe with jurisdiction. See 25 CFR
162.017. As explained further in the
preamble to the final regulations, the
Federal government has a strong interest
in promoting economic development,
self-determination, and Tribal
sovereignty. 77 FR 72440 at 72447–48
(December 5, 2012). The principles
supporting the Federal preemption of
State law in the field of Indian leasing
and the taxation of lease-related
interests and activities applies with
equal force to leases entered into under
Tribal leasing regulations approved by
the Federal government pursuant to the
HEARTH Act.
Section 5 of the Indian Reorganization
Act, 25 U.S.C. 465, preempts State and
local taxation of permanent
improvements on trust land.
Confederated Tribes of the Chehalis
Reservation v. Thurston County, 724
F.3d 1153, 1157 (9th Cir. 2013) (citing
Mescalero Apache Tribe v. Jones, 411
U.S. 145 (1973)). Similarly, section 465
preempts State taxation of rent
payments by a lessee for leased trust
lands, because ‘‘tax on the payment of
rent is indistinguishable from an
impermissible tax on the land.’’ See
Seminole Tribe of Florida v. Stranburg,
No. 14–14524, *13–*17, n.8 (11th Cir.
2015). In addition, as explained in the
preamble to the revised leasing
regulations at 25 CFR part 162, Federal
courts have applied a balancing test to
determine whether State and local
taxation of non-Indians on the
reservation is preempted. White
Mountain Apache Tribe v. Bracker, 448
U.S. 136, 143 (1980). The Bracker
balancing test, which is conducted
against a backdrop of ‘‘traditional
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Frm 00047
Fmt 4703
Sfmt 4703
13817
notions of Indian self-government,’’
requires a particularized examination of
the relevant State, Federal, and Tribal
interests. We hereby adopt the Bracker
analysis from the preamble to the
surface leasing regulations, 77 FR at
72447–48, as supplemented by the
analysis below.
The strong Federal and Tribal
interests against State and local taxation
of improvements, leaseholds, and
activities on land leased under the
Department’s leasing regulations apply
equally to improvements, leaseholds,
and activities on land leased pursuant to
Tribal leasing regulations approved
under the HEARTH Act. Congress’s
overarching intent was to ‘‘allow Tribes
to exercise greater control over their
own land, support self-determination,
and eliminate bureaucratic delays that
stand in the way of homeownership and
economic development in Tribal
communities.’’ 158 Cong. Rec. H. 2682
(May 15, 2012). The HEARTH Act was
intended to afford Tribes ‘‘flexibility to
adapt lease terms to suit [their] business
and cultural needs’’ and to ‘‘enable
[Tribes] to approve leases quickly and
efficiently.’’ Id. at 5–6.
Assessment of State and local taxes
would obstruct these express Federal
policies supporting Tribal economic
development and self-determination,
and also threaten substantial Tribal
interests in effective Tribal government,
economic self-sufficiency, and territorial
autonomy. See Michigan v. Bay Mills
Indian Community, 134 S. Ct. 2024,
2043 (2014) (Sotomayor, J., concurring)
(determining that ‘‘[a] key goal of the
Federal Government is to render Tribes
more self-sufficient, and better
positioned to fund their own sovereign
functions, rather than relying on Federal
funding’’). The additional costs of State
and local taxation have a chilling effect
on potential lessees, as well as on a
Tribe that, as a result, might refrain from
exercising its own sovereign right to
impose a Tribal tax to support its
infrastructure needs. See id. at 2043–44
(finding that State and local taxes
greatly discourage Tribes from raising
tax revenue from the same sources
because the imposition of double
taxation would impede Tribal economic
growth).
Just like BIA’s surface leasing
regulations, Tribal regulations under the
HEARTH Act pervasively cover all
aspects of leasing. See Guidance for the
Approval of Tribal Leasing Regulations
under the HEARTH Act, NPM–TRUS–
29 (effective Jan. 16, 2013) (providing
guidance on Federal review process to
ensure consistency of proposed Tribal
regulations with part 162 regulations
and listing required Tribal regulatory
E:\FR\FM\15MRN1.SGM
15MRN1
Agencies
[Federal Register Volume 81, Number 50 (Tuesday, March 15, 2016)]
[Notices]
[Pages 13816-13817]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-05779]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
[Docket No. FR-5909-N-13]
30-Day Notice of Proposed Information Collection: FHA Lender
Approval, Annual Renewal, Periodic Updates and Required Reports by FHA-
Approved Lenders
AGENCY: Office of the Chief Information Officer, HUD.
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: HUD has submitted the proposed information collection
requirement described below to the Office of Management and Budget
(OMB) for review, in accordance with the Paperwork Reduction Act. The
purpose of this notice is to allow for an additional 30 days of public
comment.
DATES: Comments Due Date: April 14, 2016.
ADDRESSES: Interested persons are invited to submit comments regarding
this proposal. Comments should refer to the proposal by name and/or OMB
Control Number and should be sent to: HUD Desk Officer, Office of
Management and Budget, New Executive Office Building, Washington, DC
20503; fax: 202-395-5806. Email: OIRA_Submission@omb.eop.gov.
FOR FURTHER INFORMATION CONTACT: Colette Pollard, Reports Management
Officer, QMAC, Department of Housing and Urban Development, 451 7th
Street SW., Washington, DC 20410; email Colette Pollard at
hud.gov">Colette.Pollard@hud.gov or telephone 202-402-3400. 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 Relay Service at
(800) 877-8339.
Copies of available documents submitted to OMB may be obtained from
Ms. Pollard.
SUPPLEMENTARY INFORMATION: This notice informs the public that HUD is
seeking approval from OMB for the information collection described in
Section A. The Federal Register notice that solicited public comment on
the information collection for a period of 60 days was published on
September 1, 2015 at 80 FR 52781.
A. Overview of Information Collection
Title of Information Collection: FHA Lender Approval, Annual
Renewal, Periodic Updates and Required Reports by FHA-Approved Lenders.
OMB Approval Number: 2502-0005.
Type of Request: Revision of currently approved collection.
Form Number: Online Application for Lender Approval (previously
HUD-92001-A) and Annual Certification.
Description of the need for the information and proposed use: The
Secretary of the Department of Housing and Urban Development is
authorized to insure lenders and mortgagees against the risk of loss in
connection with certain mortgages under Titles I and II of the National
Housing Act, 12 U.S.C. 1702 et seq. The Secretary is also authorized to
prescribe criteria for approval of these lenders and mortgagees to
participate in the Department's insured housing programs, including
certain statutory and regulatory eligibility requirements set forth in
12 U.S.C. 1702(d)(2) and 24 CFR 202.5. See 12 U.S.C. 1702 et seq. and
42 U.S.C. 3535(d). Criteria for approval to become a Title I and/or
Title II Mortgagee are specified in 24 CFR 202 and HUD Handbook 4000.1.
Once approved, FHA lenders must provide additional information on an
annual basis and within specified timeframes of certain events or
business changes in order to maintain their FHA approval. Lenders
already approved by FHA submit this information annually using the
Lender Electronic Assessment Portal (LEAP), which is accessed via FHA
Connection. Prospective lender applicants submit this information
electronically using the Online Application for Lender Approval, which
is accessed via the hud.gov Web site. The information is used by FHA to
verify that lenders meet all approval and eligibility requirements. It
is also used to assist FHA in managing its financial risks and to
protect consumers from lender noncompliance with FHA regulations.
Proposed revisions to the annual certification statements included in
FHA's Lender Electronic Assessment Portal (LEAP) and the initial
certification statements included in FHA's Online Application for
Lender Approval, as well as HUD's responses to comments received from
the 60-day notice, are available on HUD's Web site at: https://portal.hud.gov/hudportal/HUD?src=/program_offices/housing/sfh/SFH_policy_drafts.
Respondents: Regulatory or compliance.
Estimated Number of Respondents: 3,115.
Estimated Number of Responses: 13,260.
Frequency of Response: Annual/Periodic.
Average Hours per Response: 1.00 hour.
Total Estimated Burdens: 13,320 hours.
B. Solicitation of Public Comment
This notice is soliciting comments from members of the public and
affected parties concerning the collection of information described in
Section A on the following:
(1) Whether the proposed collection of information is necessary for
the proper performance of the functions of the agency, including
whether the information will have practical utility;
(2) The accuracy of the agency's estimate of the burden of the
proposed collection of information;
(3) Ways to enhance the quality, utility, and clarity of the
information to be collected; and
(4) Ways to minimize the burden of the collection of information on
those who are to respond; including through the use of appropriate
automated collection techniques or other forms of
[[Page 13817]]
information technology, e.g., permitting electronic submission of
responses.
HUD encourages interested parties to submit comment in response to
these questions.
Authority: Section 3507 of the Paperwork Reduction Act of 1995,
44 U.S.C. Chapter 35.
Dated: March 10, 2016.
Colette Pollard,
Department Reports Management Officer, Office of the Chief Information
Officer.
[FR Doc. 2016-05779 Filed 3-14-16; 8:45 am]
BILLING CODE 4210-67-P