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]

Download as PDF 13816 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 PO 00000 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: http://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 PO 00000 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: http://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