81 FR 15549 - Affirmatively Furthering Fair Housing Assessment Tool for Public Housing Agencies Solicitation of Comment-60-Day Notice Under Paperwork Reduction Act of 1995

DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

Federal Register Volume 81, Issue 56 (March 23, 2016)

Page Range		15549-15554
FR Document		2016-06492

On July 16, 2015, HUD published the Affirmatively Furthering Fair Housing (AFFH) final rule that provides HUD program participants with a new process for planning for fair housing outcomes that will assist them in meeting their statutory obligation to affirmatively further fair housing. This process includes an assessment tool that program participants must use to evaluate fair housing choice and access to opportunity in their jurisdictions, to identify barriers to fair housing choice and opportunity at the local and regional levels, and to set fair housing goals to overcome such barriers and advance fair housing choice. HUD committed to issue three assessment tools for its program participants covered by the AFFH final rule. One assessment tool is for use by local governments (Local Government Assessment Tool) that receive assistance under certain grant programs administered by HUD's Office of Community Planning and Development (CPD), as well as by joint and regional collaborations between: (i) Local governments; (ii) one or more local governments and one or more public housing agency (PHA) partners; and (iii) other collaborations in which such a local government is designated as the lead for the collaboration. The second tool is for States and Insular Areas (State and Insular Area Assessment Tool), including joint collaborations (with local governments and/or PHAs, both of which would require HUD approval) where the State is designated as the lead entity. The third assessment tool, which is the subject of this Notice, is for PHAs (including for joint collaborations among multiple PHAs) (PHA Assessment Tool). On December 31, 2015, following 60-day and 30-day public comment periods under the Paperwork Reduction Act, HUD issued the Local Government Assessment Tool. On March 11, 2016, at 81 FR 12921, HUD issued for public comment the proposed State and Insular Area Assessment Tool for a 60-day period of public comment. This Notice solicits public comment for a period of 60 days on the proposed PHA Assessment Tool. In seeking comment for a period of 60 days, this notice commences the process for compliance with the Paperwork Reduction Act of 1995 (PRA). The PRA requires two public comment periods--a public comment period of 60 days and a second comment period of 30 days. After consideration of the public comments submitted in response to this notice, HUD will solicit a second round of public comments for a period of 30 days on the proposed PHA Assessment Tool.

Federal Register, Volume 81 Issue 56 (Wednesday, March 23, 2016)

[Federal Register Volume 81, Number 56 (Wednesday, March 23, 2016)]
[Notices]
[Pages 15549-15554]
From the Federal Register Online [www.thefederalregister.org]
[FR Doc No: 2016-06492]

-----------------------------------------------------------------------

DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

[Docket No. FR-5173-N-09]

Affirmatively Furthering Fair Housing Assessment Tool for Public
Housing Agencies Solicitation of Comment--60-Day Notice Under Paperwork
Reduction Act of 1995

AGENCY: Office of the Assistant Secretary for Fair Housing and Equal
Opportunity, HUD.

ACTION: Notice.

-----------------------------------------------------------------------

SUMMARY: On July 16, 2015, HUD published the Affirmatively Furthering
Fair Housing (AFFH) final rule that provides HUD program participants
with a new process for planning for fair housing outcomes that will
assist them in meeting their statutory obligation to affirmatively
further fair housing. This process includes an assessment tool that
program participants must use to evaluate fair housing choice and
access to opportunity in their jurisdictions, to identify barriers to
fair housing choice and opportunity at the local and regional levels,
and to set fair housing goals to overcome such barriers and advance
fair housing choice.
HUD committed to issue three assessment tools for its program
participants covered by the AFFH final rule. One assessment tool is for
use by local governments (Local Government Assessment Tool) that
receive assistance under certain grant programs administered by HUD's
Office of Community Planning and Development (CPD), as well as by joint
and regional collaborations between: (i) Local governments; (ii) one or
more local governments and one or more public housing agency (PHA)
partners; and (iii) other collaborations in which such a local
government is designated as the lead for the collaboration. The second
tool is for States and Insular Areas (State and Insular Area Assessment
Tool), including joint collaborations (with local governments and/or
PHAs, both of which would require HUD approval) where the State is
designated as the lead entity. The third assessment tool, which is the
subject of this Notice, is for PHAs (including for joint collaborations
among multiple PHAs) (PHA Assessment Tool). On December 31, 2015,
following 60-day and 30-day public comment periods under the Paperwork
Reduction Act, HUD issued the Local Government Assessment Tool. On
March 11, 2016, at 81 FR 12921, HUD issued for public comment the
proposed State and Insular Area Assessment Tool for a 60-day period of
public comment.
This Notice solicits public comment for a period of 60 days on the
proposed PHA Assessment Tool. In seeking comment for a period of 60
days, this notice commences the process for compliance with the
Paperwork Reduction Act of 1995 (PRA). The PRA requires two public
comment periods--a public comment period of 60 days and a second
comment period of 30 days. After consideration of the public comments
submitted in response to this notice, HUD will solicit a second round
of public comments for a period of 30 days on the proposed PHA
Assessment Tool.

DATES: Comment Due Date: May 23, 2016.

ADDRESSES: Interested persons are invited to submit comments regarding
this notice to the Regulations Division, Office of General Counsel,
Department of Housing and Urban Development, 451 7th Street SW., Room
10276, Washington, DC 20410-0500. Communications must refer to the
above docket number and title. There are two methods for submitting
public comments. All submissions must refer to the above docket number
and title.
1. Submission of Comments by Mail. Comments may be submitted by
mail to the Regulations Division, Office of General Counsel, Department
of Housing and Urban Development, 451 7th Street SW., Room 10276,
Washington, DC 20410-0500.
2. Electronic Submission of Comments. Interested persons may submit
comments electronically through the Federal eRulemaking Portal at
www.regulations.gov. HUD strongly encourages commenters to submit
comments electronically. Electronic submission of comments allows the
commenter maximum time to prepare and submit a comment, ensures timely
receipt by HUD, and enables HUD to make public comments immediately
available to the public. Comments submitted electronically through the
www.regulations.gov Web site can be viewed by other commenters and
interested members of the public. Commenters should follow the
instructions provided on that site to submit comments electronically.

Note: To receive consideration as public comments, comments must
be submitted through one of the two methods specified above. Again,
all submissions must refer to the docket number and title of the
notice.

No Facsimile Comments. Facsimile (FAX) comments are not acceptable.
Public Inspection of Public Comments. All properly submitted
comments and communications submitted to HUD will be available 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 Division at 202-708-3055 (this is
not a toll-free number). Individuals who are deaf or hard of hearing
and individuals with speech impairments may access this number via TTY
by calling the Federal Relay Service at 800-877-8339. Copies of all
comments submitted are available for inspection and downloading at
www.regulations.gov.

FOR FURTHER INFORMATION CONTACT: Dustin Parks, Office of Fair Housing
and Equal Opportunity, Department of Housing and Urban Development, 451
7th Street SW., Room 5249, Washington, DC 20410-0500; telephone number
202-708-1112 (this is not a toll-free number). Persons who are deaf or
hard of hearing and persons with speech impairments may access this
number through TTY by calling the toll-free Federal Relay Service at
800-877-8339.

SUPPLEMENTARY INFORMATION:

I. Background

On July 16, 2015, at 80 FR 42272, HUD issued its final AFFH rule.
The AFFH rule provides a new approach to enable program participants to
more fully incorporate fair housing considerations into their existing
planning processes and assist them in their efforts to comply with
their duty to affirmatively further fair housing as required by the
Fair Housing Act, which is Title VIII of the Civil Rights Act, and
other authorities. The Fair Housing Act not only prohibits
discrimination, but, in conjunction with other statutes, directs HUD's
program participants to take meaningful actions to overcome historic
patterns of segregation, promote fair housing choice, and foster
inclusive communities that are free from discrimination.
The new approach established by HUD replaces the existing analysis
of impediments (AI) process. The approach is designed to assist program
participants in analyzing their fair housing environment, identifying
fair housing issues and the related contributing factors, and setting
fair housing goals, and, ultimately, taking

[[Page 15550]]

meaningful actions to affirmatively further fair housing. This approach
builds upon and refines the fair housing elements of the existing fair
housing planning processes that are in the process of being replaced as
the AFH process is being phased in pursuant to the AFFH rule.
To assist program participants in improving planning to achieve
meaningful fair housing outcomes, the new approach involves an
``assessment tool'' for use in completing the regulatory requirement to
conduct an assessment of fair housing (AFH as set out in the AFFH
rule.). To aid in the completion of an AFH, HUD committed to provide
program participants and the public with certain nationally available
data relevant to the AFH. The HUD provided data includes certain data
related to: Demographics; patterns of integration and segregation;
racially or ethnically concentrated areas of poverty (R/ECAPs);
disparities in access to education, employment, low-poverty
neighborhoods, transportation, and environmental health;
disproportionate housing needs; data on publicly supported housing,
including location and occupancy patterns. Using these data, together
with other available local data and local knowledge, program
participants will evaluate their present fair housing environment to
assess fair housing issues, identify significant contributing factors
that create, contribute to, perpetuate, or increase the severity of
those issues, and set forth fair housing priorities and goals to
address fair housing issues and significant contributing factors. By
engaging in the analysis of this information, program participants,
with the input of the community, can set fair housing priorities and
goals that will better inform their AFFH strategies and actions.
As noted in the Summary of this document, HUD has committed to
issue three assessment tools: The Local Government Assessment Tool, the
State and Insular Area Assessment Tool, and the PHA Assessment Tool.
The final Local Government Assessment Tool issued by HUD and published
in the Federal Register, at 80 FR 81840, on December 31, 2015. The
Local Government Assessment Tool provides the basic structure and
primary areas to be covered by all three assessment tools. The final
Local Government Assessment Tool, the instructions for this tool, an
AFFH Rule Guidebook, and the AFFH Data and Mapping Tool can all be
found at https://www.hudexchange.info/programs/affh/. As also noted in
the Summary of this document, HUD issued for public comment the
proposed State and Insular Area Assessment Tool. The proposed State and
Insular Area Assessment Tool can also be found at https://www.hudexchange.info/programs/affh/.
As with the Local Government Assessment Tool and the State and
Insular Area Assessment Tool, the PHA Assessment Tool will allow for
collaboration with other PHAs. In all of the three assessment tools,
HUD encourages such collaboration.

II. The Proposed PHA Assessment Tool

A. Sources of Data and Information To Complete the Assessment of Fair
Housing

HUD-Provided Data: One of HUD's major considerations in formulating
the new AFFH planning process is to provide certain nationally uniform
data to program participants that would be useful in completing an AFH.
All program participants must use the HUD-provided data, which includes
data for the program participant's jurisdiction and region, to complete
the AFH. A collaborative AFH must reference the HUD-provided data for
each program participant's jurisdiction and region The HUD-provided
data will help program participants assess local and regional fair
housing issues and contributing factors and set priorities and goals to
overcome them. The HUD-provided data will be used by various types of
program participants (e.g. those in urban areas, rural areas, suburban
areas, majority-minority communities), which may have unique
characteristics, issues, and challenges. As such, HUD-provided data may
have limitations, including limitations in how they apply to geographic
areas with different characteristics.
HUD is only able to provide data for those protected class groups
for which nationally uniform data are available. For this reason, some
questions in the PHA Assessment Tool focus on specific protected
classes based on the availability of such data. For these questions,
local data and local knowledge may provide information to supplement
the analysis for protected classes not covered by the HUD-provided
data. Local data and local knowledge can be particularly helpful to
supplement the HUD-provided data. For instance, when they are more up-
to-date or more accurate than the HUD-provided data or when the HUD-
provided data do not cover all of the protected classes that would be
relevant to program participants' analyses.
Local Data and Local Knowledge: In addition to the nationally
uniform data provided by HUD, program participants are required to use
local data and local knowledge to inform their assessments. However,
the AFH process does not require program participants to create or
compile new data. Rather program participants must consider existing
local data and local knowledge that is relevant in order to answer
questions in the assessment tool. Local data and local knowledge
include data and information gained through the community
participation, consultation, and coordination processes set out in the
AFFH rule at Sec. 5.158.
Local data are, ``metrics, statistics, and other quantified
information, subject to a determination of statistical validity \1\ by
HUD, relevant to the program participant's geographic areas of
analysis, that can be found through a reasonable amount of search, are
readily available at little or no cost, and are necessary for the
completion of the AFH using the Assessment Tool.''
---------------------------------------------------------------------------

\1\ As HUD stated in the preamble to the AFFH final rule, ``The
phrase `subject to a determination of statistical validity by HUD'
is included to clarify that HUD may decline to accept local data
that HUD has determined is not valid but not that HUD will apply a
rigorous statistical validity test for all local data. HUD also
provides a definition for `local knowledge.' '' (80 FR 42306); and
``The use of local data is subject to HUD review for statistical
validity, reliability, and relevance. Any questions HUD may have
regarding the use of local data would arise as HUD reviews a program
participant's AFH. In the review process, HUD may ask questions
about the local data used by a program participant or HUD may decide
not to accept an AFH if it determines that the data used are not
valid, reliable, or relevant. The rule provides a process for HUD
and a program participant to communicate and resolve AFH
deficiencies leading to HUD's nonacceptance of an AFH. (See Sec.
5.162.) Disputes over data would be addressed in this process.'' (80
FR 42340).
---------------------------------------------------------------------------

Local knowledge is information ``provided by the program
participant that relates to the participant's geographic areas of
analysis and that is relevant to the program participant's AFH, is
known or becomes known to the program participant, and is necessary for
the completion of the AFH using the Assessment Tool.'' A program
participant must complete its AFH using the assessment tool with the
assistance of the HUD-provided data, along with local data, local
knowledge, including information gained through community
participation, that meets the criteria of the definitions above.
Program participants must also use reasonable judgment in deciding what
supplemental information from among the numerous sources available
would be most relevant to their analysis. HUD does not expect program
participants to hire statisticians or other consultants to locate and
analyze all possible sources of local data. To the extent that HUD does
not provide data for a program participant to respond to a question in

[[Page 15551]]

the assessment tool, and there is no local data and no local knowledge
that would be responsive to the question, stating that data and
knowledge are unavailable to the program participant is an acceptable
and complete response to that particular question.

B. Structure of the Proposed PHA Assessment Tool

This proposed PHA Assessment Tool has three key objectives. First,
the assessment tool must ask questions that would be sufficient to
enable program participants to perform a meaningful assessment of key
fair housing issues and contributing factors and set meaningful fair
housing goals and priorities. Second, the assessment tool must clearly
convey the analysis of fair housing issues and contributing factors
that program participants must undertake in order for an AFH to be
accepted by HUD. Third, the assessment tool must be designed so program
participants would be able to use it to prepare an AFH that HUD would
accept without unnecessary burden.
The following discussion presents the structure for the proposed
PHA Assessment Tool program.
Section I. As is the case with the Local Government Assessment Tool
and State and Insular Area Assessment Tool, Section I contains the
Cover Sheet and Certification and addresses basic information
applicable to the program participant or program participants (where
there are joint submissions), such as the name of the entity making the
submission, the type of submission (e.g., whether it is a submission by
a PHA, individually, or a PHA in collaboration with one or more PHAs),
the time period covered by the assessment, and the required
certifications.
Section II. This section of the proposed PHA Assessment Tool is an
Executive Summary, which provides the opportunity to present a general
overview of the AFH's findings and the fair housing priorities and
goals established.
Section III. This section of the proposed PHA Assessment Tool
addresses the community participation process and directs the PHA to
describe outreach activities to encourage community participation in
the development and review of the AFH, to describe how successful its
outreach efforts were in obtaining community participation related to
the AFH, and to summarize all comments obtained in the community
participation process, including a summary of any comments or views not
accepted and the reasons why.
Section IV. This section of the proposed PHA Assessment Tool,
entitled ``Assessment of Past Goals and Actions,'' asks PHAs to explain
the fair housing goals they selected in their recent AIs, AFHs, or
other relevant planning documents, and the extent of progress that was
made in achieving these goals. In essence, this section requires PHAs
to reflect upon the progress of past goals and actions and the efforts
undertaken to achieve fair housing goals. This section also solicits
information on how such experience influenced the selection of fair
housing goals that the PHA sets in the current AFH.
Section V. This section of the proposed PHA Assessment Tool,
entitled ``Fair Housing Analysis,'' presents the core analysis to be
undertaken by PHAs. This section of the proposed PHA Assessment Tool is
structured to help PHAs identify the fair housing issues and
contributing factors in their service area and region. The proposed PHA
Assessment Tool requires PHAs to examine fair housing issues that exist
within the service area of the PHA and those that may go beyond the
boundaries of the PHA's service area into a broader region. As stated
in the other two assessment tools, fair housing issues often cross
political-geographic boundaries, and the PHA must still consider if
that is the case for any fair housing issues and significant
contributing factors identified in their AFH.
Section V includes an assessment of certain key fair housing
issues--segregation and integration, racially or ethnically
concentrated areas of poverty, disparities in access to opportunity,
disproportionate housing needs, publicly supported housing, and
disability and access. Each subsection of Section V also includes
targeted questions to help identify fair housing issues relevant to the
PHA.
Section VI. Section VI, Fair Housing Goals and Priorities, contains
a summary table of the fair housing issues that the PHA has identified.
The table includes a framework for the PHA to establish fair housing
goals to overcome significant contributing factors and related fair
housing issues by setting specific goals that include metrics and
milestones, and a timeframe for achievement. The preceding discussion
presented a brief overview of the structure and content of the proposed
PHA Assessment Tool. For PHAs, other HUD program participants, and the
public generally, HUD provides at https://www.hudexchange.info/programs/affh/ a comparison of the proposed PHA Assessment Tool to the
final Local Government Assessment Tool so that covered program
participants and interested parties can see in detail the differences
between this proposed PHA Assessment Tool and the Local Government
Assessment Tool issued on December 31, 2015.

C. Instructions To Accompany the Proposed PHA Tool

The instructions, which will be part of the proposed PHA Assessment
Tool, are also provided for public comment at https://www.hudexchange.info/programs/affh/. The comparison of this proposed
PHA Assessment Tool to the Local Government Assessment Tool issued on
December 31, 2015, also highlights the differences in instructions
provided in the Local Government Assessment Tool and the proposed PHA
Assessment Tool.
The instructions for completing an AFH include descriptions of the
maps and data provided by HUD for PHAs' use in answering specific
questions in the Assessment Tool. Some PHAs may not have had much
experience analyzing data and may find some of the terminology in the
instructions complex. HUD has attempted to address these concerns by
providing explanations where it believed PHAs might not understand the
terminology used. For example, before asking program participants to
use the dissimilarity index, HUD described in the instructions what the
dissimilarity index is and how to use it to answer the question. To aid
PHAs and other program participants in understanding how to conduct an
AFH using the PHA Assessment Tool, HUD will also provide additional
information and explanation in the AFFH Rule Guidebook.
Specific solicitation of comment: HUD is soliciting comment on
whether the instructions are effective in explaining the terminology
used and in explaining the analysis required by the Assessment Tool. If
commenters believe the instructions could be improved to provide more
clarity for PHAs that are inexperienced in using data to assess fair
housing issues, please specify ways in which HUD could revise the
instructions or give more detailed guidance in the AFFH Rule Guidebook
to provide more clarity for inexperience PHAs about the HUD-provided
data and the required analysis.

D. Qualified PHAs

As noted in the Summary of this document, on March 11, 2016, HUD
published in the Federal Register the State Assessment Tool for public
comment for a period of 60 days. That Assessment Tool included a
separate

[[Page 15552]]

section with a set of discrete questions specifically designed for
Qualified PHAs \2\ that seek to collaborate with a State Entity on a
Joint or Regional AFH. It also included a separate section of
Instructions specifically designed for those questions. The State
Assessment Tool instructions were drafted with recognition that the
HUD-provided maps and tables may have known limitations especially for
very small jurisdictional areas and rural areas. In addition, the State
Assessment Tool was intended to foster and encourage joint and regional
collaborations with Qualified PHAs as the State's analysis is expected
to fulfill the regional portion of the Qualified PHA's analysis, with
specific questions regarding the Q-PHA's service area to be addressed
in the section with those questions.
---------------------------------------------------------------------------

\2\ A Qualified PHA, defined at 24 CFR 5.142, includes a PHA
that: (1) Has a combined unit total of 550 or less public housing
units and section 8 vouchers; and (2) is not designated troubled
under section 6(j)(2) of the 1937 Act, the Public Housing Assessment
System (PHAS), as a troubled public housing agency during the prior
12 months; and (3) does not have a failing score under the Section 8
Management Assessment Program (SEMAP) during the prior 12 months.
---------------------------------------------------------------------------

All program participants, regardless of size, have the legal duty
to affirmatively further fair housing and to conduct an AFH. Each
program participant may choose to submit an individual AFH or a
collaborative AFH as set out in the AFFH rule. For program participants
that choose to collaborate, a collaborative AFH may reduce burden,
promote information and resource sharing, and provide a more
comprehensive fair housing analysis for each collaborating program
participant. For this reason, HUD encourages all program participants
to collaborate. A Qualified PHA collaborating with another entity may
be aided to the extent that the two agencies share in the
responsibilities to conduct the AFH, and to the extent they share a
common region (e.g. a State or a CBSA), they may also be able to rely
on the analysis of that shared region to fulfill their responsibilities
for the regional portion of their own analysis.
The PHA Assessment Tool may be used by PHAs, including Qualified
PHAs that elect to submit either an individual AFH or a collaborative
AFH involving a collaboration of more than one PHA. To make PHAs aware
of additional sources of local knowledge that PHAs may consult to
inform their AFHs, HUD has added language to the Instructions for the
PHA Assessment Tool to clarify that PHAs may consult with existing AFHs
or other planning documents (e.g. a Fair Housing Equity Assessment)
already conducted by relevant agencies, such as a state or local
government in the PHA's service area or region.
Specific solicitation of comment: HUD is specifically requesting
comment on whether PHAs and Qualified PHAs expect to collaborate when
submitting an AFH and, if so, the types of entities that they expect to
collaborate with--i.e., States, local governments, or other PHAs? In
addition, HUD seeks comment on the ways in which the PHA Assessment
Tool can facilitate a collaborative AFH by a PHA and one or more
Qualified PHAs. How could a joint or regional assessment using the PHA
Assessment Tool be structured in a way to fulfill a regional analysis
for Qualified PHAs in different types of areas, e.g. within
metropolitan statistical areas, or in non-metro areas, including rural
areas?

E. Solicitation of Specific Comment on the Proposed PHA Assessment Tool

While the primary purpose of comment under the Paperwork Reduction
Act is to determine the burden of any information collection
requirement, HUD also solicits comment on the content of the proposed
PHA Assessment Tool, the clarity of the questions presented and whether
there are areas of information sought that PHAs and the public believe
are not necessary to a meaningful AFH, or whether there are important
areas of information for conducting a meaningful fair housing analysis
that HUD may have overlooked. HUD anticipates that it will conduct
outreach to program participants and fair housing groups relating to
these issues. HUD also solicits comments for the following questions:

Content of the Assessment Tool

In the proposed assessment tool for PHAs, HUD has made changes to
the Local Government Assessment Tool in order to capture the
appropriate level of information for PHAs conducting a fair housing
analysis and priority and goal setting. Some questions have been
removed, new questions have been added, and some questions remain, but
with revisions. As noted earlier in this notice, HUD's AFFH Web page at
https://www.hudexchange.info/programs/affh/ provides a comparison of
the Local Government Assessment Tool and this proposed PHA Assessment
Tool.
One of the differences between the Local Government Assessment Tool
and the proposed PHA Assessment Tool is the structure of the publicly
supported housing section. HUD has added two additional subsections to
this part of the analysis. The first, ``Public Housing Agency Program
Analysis,'' asks specific questions relating to the demographics and
location and occupancy of the PHA's programs including public housing
and Housing Choice Vouchers (HCV). The second, ``Fair Housing Analysis
of Rental Housing,'' asks PHAs to assess rental housing, including
affordable rental housing, in their service areas and regions. This
subsection also asks for an analysis of HCVs in the service area and
region with respect to whether HCV-assisted households, by protected
class, are able to access affordable rental housing in areas that would
promote integration and provide access to opportunity.
Specific solicitation of comment: HUD acknowledges that these two
new subsections increases the number of questions in this section,
while attempting to focus a particular set of questions directly to PHA
program operations, developments and assisted residents. HUD seeks
comment on whether this structure of adding a specific focus on PHA
programs will better facilitate the fair housing analysis PHAs must
conduct, or, whether these questions should be combined with the
``Other Publicly Supported Housing Programs'' subsection, using a
structure similar to what was used in the Local Government Assessment
Tool.
Specific solicitation of comment: HUD seeks comment on whether
conducting the new ``Fair Housing Analysis of Rental Housing'' for all
PHAs will result in a more robust analysis of fair housing in the PHA's
service area and region, even for PHAs that only administer public
housing. HUD seeks comment on whether this section should apply only to
PHAs that administer HCVs and, if so, asks commenters to provide the
reasoning.
Another difference between the Local Government Assessment Tool and
the proposed PHA Assessment Tool occurs in the analysis of contributing
factors. HUD has removed some contributing factors that did not seem as
relevant for PHAs, and also added other contributing factors that seem
more relevant for PHAs. New contributing factors include: Restrictions
on landlords accepting vouchers, impediments to portability, and
policies related to payment standards, FMR, and rent subsidies.
Descriptions of contributing factors are included as an appendix to the
proposed PHA Assessment Tool.
Specific solicitation of comment: HUD acknowledges that the
relevance of contributing factors may vary depending on the type of
program participant

[[Page 15553]]

conducting a fair housing analysis. HUD seeks comment on whether it has
identified the most relevant contributing factors for PHAs for purposes
of conducting a fair housing assessment and setting fair housing goals
and priorities. Commenters are asked to state if there are contributing
factors that are not relevant for PHAs, and to please identify them and
provide an explanation for why they are not relevant to a PHA's fair
housing analysis. Commenters are also asked if additional contributing
factors should be included, and to please provide the factor and an
explanation of why it is relevant to a PHA's fair housing analysis.
HUD has also reordered the sections of the proposed PHA Assessment
Tool so the organization is different than in the Local Government
Tool. The Disability and Access Analysis section now comes before the
Publicly Supported Housing Analysis section.
Specific solicitation of comment: The analysis of disability and
access will likely inform the PHA's analysis of publicly supported
housing. HUD seeks comment on whether the order of the sections will
better facilitate the PHA's fair housing analysis.

Identifying PHA Service Areas

As noted above, HUD intends to provide data that PHAs will use to
conduct their AFH. HUD acknowledges that PHAs' service areas are
determined by State legislation and their scope may vary. HUD does not
currently have data for all PHAs' service areas. In order to provide
data to assist PHAs in conducting their AFH, HUD will need to obtain
information about each PHA's service area in order to provide relevant
data to the PHA.
HUD will provide an online geospatial tool, either in the existing
AFFH Data and Mapping Tool (AFFH-T) or in a related online web portal
that will provide PHAs the ability to select from a variety of
geographic units, the one unit or combination of units that most
closely fits their service area. Geographic units include the most
commonly used administrative geographic units mapped by the U.S. Census
Bureau. These may include geographic entities such as census tracts,
incorporated places or minor civil divisions (collectively known to HUD
as units of general local government), entire counties, the balance of
counties after incorporated entities have been removed, entire states,
or the balance of states after incorporated local government
jurisdictions have been removed. In many cases, PHA service areas will
be the same as local governments that are already identified in the
AFFH-T, while in others PHAs would have the ability to identify their
unique service area borders using the online tool.
Specific solicitation of comment: HUD seeks comment on an efficient
manner in which HUD could use to obtain information about each PHA's
service area without causing unnecessary burden.
Specific solicitation of comment: HUD seeks comment on how fair
housing issues may affect families on a PHA's waiting list. HUD
understands that data may be limited with regards to the persons on
such lists and seeks comment on whether PHAs have relevant information
related to such residents. HUD specifically seeks comment on to what
extent do PHAs have information to inform answers to the questions
related to families on PHA waiting lists? Is HUD asking the appropriate
questions with regards to this population or are there alternative
considerations that PHAs should be asked to consider as part of the
analysis?

III. Compliance With the Paperwork Reduction Act

Under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520)
(PRA), 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 valid control number issued by the Office of
Management and Budget (OMB). Through this notice, HUD commences the
process for obtaining the requisite approval by OMB under the PRA
process.
The public reporting burden for the proposed State and Insular Area
Assessment Tool is estimated to include the time for reviewing the
instructions, searching existing data sources, gathering and
maintaining the data needed, and completing and reviewing the
collection of information.
Information on the estimated public reporting burden is provided in
the following table:

----------------------------------------------------------------------------------------------------------------
Estimated
Number of average time Estimated
Number of responses per Frequency of for total burden
respondents respondent response requirement (in hours)
(in hours)
----------------------------------------------------------------------------------------------------------------
PHA Assessment Tool........... 1,314 1 Once every five 240 315,360
years.
PHA Service Area Information.. 3,942 1 Once per 1 3,942
assessment of
fair housing
cycle.
---------------------------------------------------------------------------------
Total Burden.............. .............. .............. ................ .............. 319,302
----------------------------------------------------------------------------------------------------------------

In accordance with 5 CFR 1320.8(d)(1), HUD is specifically
soliciting comment on the proposed PHA Tool from members of the public
and affected program participants 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 information
technology, e.g., permitting electronic submission of responses.
HUD encourages not only program participants but interested persons
to submit comments regarding the information collection requirements in
this proposal. Comments must be received by May 23, 2016 to
www.regulations.gov as provided under the ADDRESSES section of this
notice. Comments must refer to the proposal by name and docket number
(FR-5173-N-02).
Following consideration of public comments submitted in response to
this notice, HUD will submit for further public comment, for a period
of 30 days, a version of the PHA Assessment Tool that reflects
consideration of the public

[[Page 15554]]

comments received in response to this notice.

Dated: March 17, 2016.
George D. Williams,
Deputy Assistant Secretary for Policy, Legislative Initiatives and
Outreach.
[FR Doc. 2016-06492 Filed 3-22-16; 8:45 am]
BILLING CODE 4210-67-P

Federal Register / Vol. 81, No. 56 / Wednesday, March 23, 2016 / Notices 15549

Dated: March 17, 2016. public comment periods under the above. Again, all submissions must refer to
George D. Williams, Sr., Paperwork Reduction Act, HUD issued the docket number and title of the notice.
Deputy Assistant Secretary for Policy, the Local Government Assessment Tool. No Facsimile Comments. Facsimile
Legislative Initiatives, and Outreach. On March 11, 2016, at 81 FR 12921, (FAX) comments are not acceptable.
[FR Doc. 2016–06600 Filed 3–22–16; 8:45 am] HUD issued for public comment the Public Inspection of Public
BILLING CODE 4210–67–P proposed State and Insular Area Comments. All properly submitted
Assessment Tool for a 60-day period of comments and communications
public comment. submitted to HUD will be available for
DEPARTMENT OF HOUSING AND This Notice solicits public comment public inspection and copying between
URBAN DEVELOPMENT for a period of 60 days on the proposed 8 a.m. and 5 p.m. weekdays at the above
PHA Assessment Tool. In seeking address. Due to security measures at the
[Docket No. FR–5173–N–09]
comment for a period of 60 days, this HUD Headquarters building, an advance
Affirmatively Furthering Fair Housing notice commences the process for appointment to review the public
Assessment Tool for Public Housing compliance with the Paperwork comments must be scheduled by calling
Agencies Solicitation of Comment—60- Reduction Act of 1995 (PRA). The PRA the Regulations Division at 202–708–
Day Notice Under Paperwork requires two public comment periods— 3055 (this is not a toll-free number).
Reduction Act of 1995 a public comment period of 60 days and Individuals who are deaf or hard of
a second comment period of 30 days. hearing and individuals with speech
AGENCY: Office of the Assistant After consideration of the public impairments may access this number
Secretary for Fair Housing and Equal comments submitted in response to this via TTY by calling the Federal Relay
Opportunity, HUD. notice, HUD will solicit a second round Service at 800–877–8339. Copies of all
ACTION: Notice. of public comments for a period of 30 comments submitted are available for
days on the proposed PHA Assessment inspection and downloading at
SUMMARY: On July 16, 2015, HUD
Tool. www.regulations.gov.
published the Affirmatively Furthering
Fair Housing (AFFH) final rule that DATES: Comment Due Date: May 23, FOR FURTHER INFORMATION CONTACT:
provides HUD program participants 2016. Dustin Parks, Office of Fair Housing and
with a new process for planning for fair ADDRESSES: Interested persons are Equal Opportunity, Department of
housing outcomes that will assist them invited to submit comments regarding Housing and Urban Development, 451
in meeting their statutory obligation to this notice to the Regulations Division, 7th Street SW., Room 5249, Washington,
affirmatively further fair housing. This Office of General Counsel, Department DC 20410–0500; telephone number 202–
process includes an assessment tool that of Housing and Urban Development, 708–1112 (this is not a toll-free
program participants must use to 451 7th Street SW., Room 10276, number). Persons who are deaf or hard
evaluate fair housing choice and access Washington, DC 20410–0500. of hearing and persons with speech
to opportunity in their jurisdictions, to Communications must refer to the above impairments may access this number
identify barriers to fair housing choice docket number and title. There are two through TTY by calling the toll-free
and opportunity at the local and methods for submitting public Federal Relay Service at 800–877–8339.
regional levels, and to set fair housing comments. All submissions must refer SUPPLEMENTARY INFORMATION:
goals to overcome such barriers and to the above docket number and title.
advance fair housing choice. 1. Submission of Comments by Mail. I. Background
HUD committed to issue three Comments may be submitted by mail to On July 16, 2015, at 80 FR 42272,
assessment tools for its program the Regulations Division, Office of HUD issued its final AFFH rule. The
participants covered by the AFFH final General Counsel, Department of AFFH rule provides a new approach to
rule. One assessment tool is for use by Housing and Urban Development, 451 enable program participants to more
local governments (Local Government 7th Street SW., Room 10276, fully incorporate fair housing
Assessment Tool) that receive assistance Washington, DC 20410–0500. considerations into their existing
under certain grant programs 2. Electronic Submission of planning processes and assist them in
administered by HUD’s Office of Comments. Interested persons may their efforts to comply with their duty
Community Planning and Development submit comments electronically through to affirmatively further fair housing as
(CPD), as well as by joint and regional the Federal eRulemaking Portal at required by the Fair Housing Act, which
collaborations between: (i) Local www.regulations.gov. HUD strongly is Title VIII of the Civil Rights Act, and
governments; (ii) one or more local encourages commenters to submit other authorities. The Fair Housing Act
governments and one or more public comments electronically. Electronic not only prohibits discrimination, but,
housing agency (PHA) partners; and (iii) submission of comments allows the in conjunction with other statutes,
other collaborations in which such a commenter maximum time to prepare directs HUD’s program participants to
local government is designated as the and submit a comment, ensures timely take meaningful actions to overcome
lead for the collaboration. The second receipt by HUD, and enables HUD to historic patterns of segregation, promote
tool is for States and Insular Areas (State make public comments immediately fair housing choice, and foster inclusive
and Insular Area Assessment Tool), available to the public. Comments communities that are free from
including joint collaborations (with submitted electronically through the discrimination.
local governments and/or PHAs, both of www.regulations.gov Web site can be The new approach established by
which would require HUD approval) viewed by other commenters and HUD replaces the existing analysis of
jstallworth on DSK7TPTVN1PROD with NOTICES

where the State is designated as the lead interested members of the public. impediments (AI) process. The
entity. The third assessment tool, which Commenters should follow the approach is designed to assist program
is the subject of this Notice, is for PHAs instructions provided on that site to participants in analyzing their fair
(including for joint collaborations submit comments electronically. housing environment, identifying fair
among multiple PHAs) (PHA Note: To receive consideration as public housing issues and the related
Assessment Tool). On December 31, comments, comments must be submitted contributing factors, and setting fair
2015, following 60-day and 30-day through one of the two methods specified housing goals, and, ultimately, taking

VerDate Sep<11>2014 15:26 Mar 22, 2016 Jkt 238001 PO 00000 Frm 00052 Fmt 4703 Sfmt 4703 E:\FR\FM\23MRN1.SGM 23MRN1

Federal Register / Vol. 81, No. 56 / Wednesday, March 23, 2016 / Notices 15551

the assessment tool, and there is no Section IV. This section of the final Local Government Assessment
local data and no local knowledge that proposed PHA Assessment Tool, Tool so that covered program
would be responsive to the question, entitled ‘‘Assessment of Past Goals and participants and interested parties can
stating that data and knowledge are Actions,’’ asks PHAs to explain the fair see in detail the differences between
unavailable to the program participant housing goals they selected in their this proposed PHA Assessment Tool
is an acceptable and complete response recent AIs, AFHs, or other relevant and the Local Government Assessment
to that particular question. planning documents, and the extent of Tool issued on December 31, 2015.
progress that was made in achieving
B. Structure of the Proposed PHA C. Instructions To Accompany the
these goals. In essence, this section
Assessment Tool Proposed PHA Tool
requires PHAs to reflect upon the
This proposed PHA Assessment Tool progress of past goals and actions and The instructions, which will be part
has three key objectives. First, the the efforts undertaken to achieve fair of the proposed PHA Assessment Tool,
assessment tool must ask questions that housing goals. This section also solicits are also provided for public comment at
would be sufficient to enable program information on how such experience https://www.hudexchange.info/
participants to perform a meaningful influenced the selection of fair housing programs/affh/. The comparison of this
assessment of key fair housing issues goals that the PHA sets in the current proposed PHA Assessment Tool to the
and contributing factors and set AFH. Local Government Assessment Tool
meaningful fair housing goals and Section V. This section of the issued on December 31, 2015, also
priorities. Second, the assessment tool proposed PHA Assessment Tool, highlights the differences in instructions
must clearly convey the analysis of fair entitled ‘‘Fair Housing Analysis,’’ provided in the Local Government
housing issues and contributing factors presents the core analysis to be Assessment Tool and the proposed PHA
that program participants must undertaken by PHAs. This section of the Assessment Tool.
undertake in order for an AFH to be proposed PHA Assessment Tool is The instructions for completing an
accepted by HUD. Third, the assessment structured to help PHAs identify the fair AFH include descriptions of the maps
tool must be designed so program housing issues and contributing factors and data provided by HUD for PHAs’
participants would be able to use it to in their service area and region. The use in answering specific questions in
prepare an AFH that HUD would accept proposed PHA Assessment Tool the Assessment Tool. Some PHAs may
without unnecessary burden. requires PHAs to examine fair housing not have had much experience
The following discussion presents the issues that exist within the service area analyzing data and may find some of the
structure for the proposed PHA of the PHA and those that may go terminology in the instructions
Assessment Tool program. beyond the boundaries of the PHA’s complex. HUD has attempted to address
Section I. As is the case with the Local service area into a broader region. As these concerns by providing
Government Assessment Tool and State stated in the other two assessment tools, explanations where it believed PHAs
and Insular Area Assessment Tool, fair housing issues often cross political- might not understand the terminology
Section I contains the Cover Sheet and geographic boundaries, and the PHA used. For example, before asking
Certification and addresses basic must still consider if that is the case for program participants to use the
information applicable to the program any fair housing issues and significant dissimilarity index, HUD described in
participant or program participants contributing factors identified in their the instructions what the dissimilarity
(where there are joint submissions), AFH. index is and how to use it to answer the
such as the name of the entity making Section V includes an assessment of question. To aid PHAs and other
the submission, the type of submission certain key fair housing issues— program participants in understanding
(e.g., whether it is a submission by a segregation and integration, racially or how to conduct an AFH using the PHA
PHA, individually, or a PHA in ethnically concentrated areas of poverty, Assessment Tool, HUD will also provide
collaboration with one or more PHAs), disparities in access to opportunity, additional information and explanation
the time period covered by the disproportionate housing needs, in the AFFH Rule Guidebook.
assessment, and the required publicly supported housing, and Specific solicitation of comment: HUD
certifications. disability and access. Each subsection of is soliciting comment on whether the
Section II. This section of the Section V also includes targeted instructions are effective in explaining
proposed PHA Assessment Tool is an questions to help identify fair housing the terminology used and in explaining
Executive Summary, which provides the issues relevant to the PHA. the analysis required by the Assessment
opportunity to present a general Section VI. Section VI, Fair Housing Tool. If commenters believe the
overview of the AFH’s findings and the Goals and Priorities, contains a instructions could be improved to
fair housing priorities and goals summary table of the fair housing issues provide more clarity for PHAs that are
established. that the PHA has identified. The table inexperienced in using data to assess
Section III. This section of the includes a framework for the PHA to fair housing issues, please specify ways
proposed PHA Assessment Tool establish fair housing goals to overcome in which HUD could revise the
addresses the community participation significant contributing factors and instructions or give more detailed
process and directs the PHA to describe related fair housing issues by setting guidance in the AFFH Rule Guidebook
outreach activities to encourage specific goals that include metrics and to provide more clarity for inexperience
community participation in the milestones, and a timeframe for PHAs about the HUD-provided data and
development and review of the AFH, to achievement. The preceding discussion the required analysis.
describe how successful its outreach presented a brief overview of the
jstallworth on DSK7TPTVN1PROD with NOTICES

efforts were in obtaining community structure and content of the proposed D. Qualified PHAs
participation related to the AFH, and to PHA Assessment Tool. For PHAs, other As noted in the Summary of this
summarize all comments obtained in HUD program participants, and the document, on March 11, 2016, HUD
the community participation process, public generally, HUD provides at published in the Federal Register the
including a summary of any comments https://www.hudexchange.info/ State Assessment Tool for public
or views not accepted and the reasons programs/affh/ a comparison of the comment for a period of 60 days. That
why. proposed PHA Assessment Tool to the Assessment Tool included a separate

VerDate Sep<11>2014 15:26 Mar 22, 2016 Jkt 238001 PO 00000 Frm 00054 Fmt 4703 Sfmt 4703 E:\FR\FM\23MRN1.SGM 23MRN1

Federal Register / Vol. 81, No. 56 / Wednesday, March 23, 2016 / Notices 15553

conducting a fair housing analysis. HUD provide data to assist PHAs in issues may affect families on a PHA’s
seeks comment on whether it has conducting their AFH, HUD will need to waiting list. HUD understands that data
identified the most relevant contributing obtain information about each PHA’s may be limited with regards to the
factors for PHAs for purposes of service area in order to provide relevant persons on such lists and seeks
conducting a fair housing assessment data to the PHA. comment on whether PHAs have
and setting fair housing goals and HUD will provide an online relevant information related to such
priorities. Commenters are asked to state geospatial tool, either in the existing residents. HUD specifically seeks
if there are contributing factors that are AFFH Data and Mapping Tool (AFFH– comment on to what extent do PHAs
not relevant for PHAs, and to please T) or in a related online web portal that have information to inform answers to
identify them and provide an will provide PHAs the ability to select the questions related to families on PHA
explanation for why they are not from a variety of geographic units, the waiting lists? Is HUD asking the
relevant to a PHA’s fair housing one unit or combination of units that appropriate questions with regards to
analysis. Commenters are also asked if most closely fits their service area. this population or are there alternative
additional contributing factors should Geographic units include the most considerations that PHAs should be
be included, and to please provide the commonly used administrative asked to consider as part of the analysis?
factor and an explanation of why it is geographic units mapped by the U.S.
III. Compliance With the Paperwork
relevant to a PHA’s fair housing Census Bureau. These may include
Reduction Act
analysis. geographic entities such as census
HUD has also reordered the sections tracts, incorporated places or minor Under the Paperwork Reduction Act
of the proposed PHA Assessment Tool civil divisions (collectively known to of 1995 (44 U.S.C. 3501–3520) (PRA), an
so the organization is different than in HUD as units of general local agency may not conduct or sponsor, and
the Local Government Tool. The government), entire counties, the a person is not required to respond to,
Disability and Access Analysis section balance of counties after incorporated a collection of information, unless the
now comes before the Publicly entities have been removed, entire collection displays a valid control
Supported Housing Analysis section. states, or the balance of states after number issued by the Office of
Specific solicitation of comment: The incorporated local government Management and Budget (OMB).
analysis of disability and access will jurisdictions have been removed. In Through this notice, HUD commences
likely inform the PHA’s analysis of many cases, PHA service areas will be the process for obtaining the requisite
publicly supported housing. HUD seeks the same as local governments that are approval by OMB under the PRA
comment on whether the order of the already identified in the AFFH–T, while process.
sections will better facilitate the PHA’s in others PHAs would have the ability The public reporting burden for the
fair housing analysis. to identify their unique service area proposed State and Insular Area
borders using the online tool. Assessment Tool is estimated to include
Identifying PHA Service Areas Specific solicitation of comment: HUD the time for reviewing the instructions,
As noted above, HUD intends to seeks comment on an efficient manner searching existing data sources,
provide data that PHAs will use to in which HUD could use to obtain gathering and maintaining the data
conduct their AFH. HUD acknowledges information about each PHA’s service needed, and completing and reviewing
that PHAs’ service areas are determined area without causing unnecessary the collection of information.
by State legislation and their scope may burden. Information on the estimated public
vary. HUD does not currently have data Specific solicitation of comment: HUD reporting burden is provided in the
for all PHAs’ service areas. In order to seeks comment on how fair housing following table:

Estimated
Number of average time Estimated
Number of responses Frequency of response for total burden
respondents per requirement (in hours)
respondent (in hours)

PHA Assessment Tool ...................... 1,314 1 Once every five years ...................... 240 315,360
PHA Service Area Information .......... 3,942 1 Once per assessment of fair hous- 1 3,942
ing cycle.

Total Burden .............................. ........................ ........................ ........................................................... ........................ 319,302

In accordance with 5 CFR (3) Ways to enhance the quality, this proposal. Comments must be
1320.8(d)(1), HUD is specifically utility, and clarity of the information to received by May 23, 2016 to
soliciting comment on the proposed be collected; and www.regulations.gov as provided under
PHA Tool from members of the public (4) Ways to minimize the burden of the ADDRESSES section of this notice.
and affected program participants on the the collection of information on those Comments must refer to the proposal by
following: who are to respond, including through name and docket number (FR–5173–N–
(1) Whether the proposed collection the use of appropriate automated 02).
jstallworth on DSK7TPTVN1PROD with NOTICES

of information is necessary for the collection techniques or other forms of Following consideration of public
proper performance of the functions of information technology, e.g., permitting comments submitted in response to this
the agency, including whether the electronic submission of responses. notice, HUD will submit for further
information will have practical utility; HUD encourages not only program public comment, for a period of 30 days,
(2) The accuracy of the agency’s participants but interested persons to a version of the PHA Assessment Tool
estimate of the burden of the proposed submit comments regarding the that reflects consideration of the public
collection of information; information collection requirements in

VerDate Sep<11>2014 15:26 Mar 22, 2016 Jkt 238001 PO 00000 Frm 00056 Fmt 4703 Sfmt 4703 E:\FR\FM\23MRN1.SGM 23MRN1

15554 Federal Register / Vol. 81, No. 56 / Wednesday, March 23, 2016 / Notices

comments received in response to this BIA in accordance with the Indian Child Estimated Total Annual Hour Burden:
notice. Welfare Act. 12 hours.
Dated: March 17, 2016. Estimated Total Annual Cost: $0.
II. Request for Comments
George D. Williams, Elizabeth K. Appel,
The BIA requests your comments on
Deputy Assistant Secretary for Policy, this collection concerning: (a) The Director, Office of Regulatory Affairs and
Legislative Initiatives and Outreach. Collaborative Action—Indian Affairs.
necessity of this information collection
[FR Doc. 2016–06492 Filed 3–22–16; 8:45 am] for the proper performance of the [FR Doc. 2016–06482 Filed 3–22–16; 8:45 am]
BILLING CODE 4210–67–P functions of the agency, including BILLING CODE 4337–15–P

whether the information will have
practical utility; (b) The accuracy of the
DEPARTMENT OF THE INTERIOR agency’s estimate of the burden (hours DEPARTMENT OF THE INTERIOR
and cost) of the collection of Bureau of Land Management
Bureau of Indian Affairs information, including the validity of
the methodology and assumptions used; [LLCO922000–L13100000–FI0000–16X]
[167 A2100DD/AAKC001030/
A0A501010.999900] (c) Ways we could enhance the quality,
utility, and clarity of the information to Proposed Reinstatement of Terminated
be collected; and (d) Ways we could Oil and Gas Leases COC73423,
Renewal of Agency Information
minimize the burden of the collection of COC73424, COC73440, COC73442,
Collection for Appointed Counsel in
the information on the respondents. COC73443, COC73444, Colorado
Involuntary Indian Child Custody
Proceedings in State Courts Please note that an agency may not AGENCY: Bureau of Land Management,
conduct or sponsor, and an individual Interior.
AGENCY: Bureau of Indian Affairs, need not respond to, a collection of ACTION: Notice.
Interior. information unless it has a valid OMB
ACTION: Notice of request for comments. Control Number. SUMMARY: As provided for under the
It is our policy to make all comments Mineral Lands Leasing Act of 1920, as
SUMMARY: In compliance with the available to the public for review at the amended, the Bureau of Land
Paperwork Reduction Act of 1995, the location listed in the ADDRESSES section. Management (BLM) received petitions
Bureau of Indian Affairs (BIA) is seeking Before including your address, phone to reinstate oil and gas leases
comments on the renewal of Office of number, email address or other COC73423, COC73424, COC73440,
Management and Budget (OMB) personally identifiable information in COC73442, COC73443, and COC73444
approval for the collection of your comment, you should be aware from Synergy Resources Corporation for
information for Appointed Counsel in that your entire comment—including lands in Morgan and Weld counties,
Involuntary Indian Child Custody your personal identifying information— Colorado. The lessee filed the petitions
Proceedings in State Courts authorized may be made publicly available at any on time, along with all the rentals due
by OMB Control Number 1076–0111. time. While you can ask us in your since the leases terminated under the
This information collection expires June comment to withhold your personal law.
30, 2016. identifying information from public FOR FURTHER INFORMATION CONTACT:
DATES: Submit comments on or before review, we cannot guarantee that we Cheryl Hirschel, BLM Land Law
May 23, 2016. will be able to do so. Examiner, Fluid Minerals Adjudication,
ADDRESSES: You may submit comments III. Data at (303) 239–3749. Persons who use a
on the information collection to Ms. telecommunication device for the deaf
Evangeline Campbell, 1849 C Street OMB Control Number: 1076–0111.
(TDD) may call the Federal Information
NW., Mail Stop 4513, Washington, DC Title: Payment for Appointed Counsel
Relay Service (FIRS) at 1–800–877–8339
20240; fax: (202) 513–208–5113; or in Involuntary Indian Child Custody
to contact the above individual during
email: Evangeline.Campbell@bia.gov. Proceedings in State Courts, 25 CFR
normal business hours. FIRS is available
23.13.
FOR FURTHER INFORMATION CONTACT: Ms.
Brief Description of Collection: This 24 hours a day, 7 days a week, to leave
Evangeline Campbell, (202) 513–7621, information is required in order for a message or questions with the above
or Ms. Debra Burton, (202) 513–7610. States to receive payment for counsel individual. You will receive a reply
SUPPLEMENTARY INFORMATION: appointed to indigent Indian parents or during normal business hours.
custodians in involuntary child custody SUPPLEMENTARY INFORMATION: The lessee
I. Abstract has agreed to the amended lease terms
proceedings under 25 CFR 23.13. The
The BIA is seeking comments on the information is collected to determine for additional stipulations and for
information collection conducted under applicant eligibility for services. rentals and royalties at rates of $10 per
25 CFR 23.13, implementing the Indian Type of Review: Extension without acre or fraction thereof, per year and
Child Welfare Act (25 U.S.C. 1901 et change of currently approved collection. 162⁄3 percent, respectively. The lessee
seq.). The information collection allows Respondents: State courts eligible for has paid the required $500
BIA to receive written requests by State payment of attorney fees pursuant to 25 administrative fee and $159 to
courts that appoint counsel for an CFR 23.13. reimburse the Department for the cost of
indigent Indian parent or Indian Number of Respondents: Four per this Federal Register notice. The lessee
custodian in an involuntary Indian has met all the requirements for
jstallworth on DSK7TPTVN1PROD with NOTICES

year.
child custody proceeding when Estimated Time per Response: Two reinstatement of the leases as set out in
appointment of counsel is not hours for reporting and one hour for Section 31(d) and (e) of the Mineral
authorized by State law. The applicable recordkeeping. Lands Leasing Act of 1920 (30 U.S.C.
BIA Regional Director uses this Frequency of Response: Once, on 188), and the BLM is proposing to
information to decide whether to certify occasion. reinstate leases COC73423, COC73424,
that the client in the notice is eligible to Obligation to Respond: Response COC73440, COC73442, COC73443 and
have his counsel compensated by the required to obtain a benefit. COC73444 effective December 1, 2010,

VerDate Sep<11>2014 15:26 Mar 22, 2016 Jkt 238001 PO 00000 Frm 00057 Fmt 4703 Sfmt 4703 E:\FR\FM\23MRN1.SGM 23MRN1

Document Created: 2016-03-23 00:04:16
Document Modified: 2016-03-23 00:04:16

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Notices
Action		Notice.
Contact		Dustin Parks, Office of Fair Housing and Equal Opportunity, Department of Housing and Urban Development, 451 7th Street SW., Room 5249, Washington, DC 20410-0500; telephone number 202-708-1112 (this is not a toll-free number). Persons who are deaf or hard of hearing and persons with speech impairments may access this number through TTY by calling the toll-free Federal Relay Service at 800-877-8339.
FR Citation		81 FR 15549