81_FR_88182 81 FR 87948 - Implementation of the Tribal HUD-VA Supportive Housing Program; Technical Correction

81 FR 87948 - Implementation of the Tribal HUD-VA Supportive Housing Program; Technical Correction

DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

Federal Register Volume 81, Issue 234 (December 6, 2016)

Page Range87948-87949
FR Document2016-29211

On October 21, 2015, HUD published in the Federal Register a notice that set forth the policies and procedures for the administration of a supportive housing and rental demonstration called the Tribal HUD-VA Supportive Housing program (Tribal HUD-VASH). Today's Federal Register notice makes technical corrections to the October 21, 2015, notice to clarify the program's intent and to address various issues that have risen during the implementation of the program.

Federal Register, Volume 81 Issue 234 (Tuesday, December 6, 2016)
[Federal Register Volume 81, Number 234 (Tuesday, December 6, 2016)]
[Notices]
[Pages 87948-87949]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-29211]


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DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

[Docket No. FR 5889-N-03]


Implementation of the Tribal HUD-VA Supportive Housing Program; 
Technical Correction

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

ACTION: Notice, technical correction.

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SUMMARY: On October 21, 2015, HUD published in the Federal Register a 
notice that set forth the policies and procedures for the 
administration of a supportive housing and rental demonstration called 
the Tribal HUD-VA Supportive Housing program (Tribal HUD-VASH). Today's 
Federal Register notice makes technical corrections to the October 21, 
2015, notice to clarify the program's intent and to address various 
issues that have risen during the implementation of the program.

DATES: Effective Date: December 6, 2016.

FOR FURTHER INFORMATION CONTACT: Heidi J. Frechette, Deputy Assistant 
Secretary, Office of Native American Programs, Office of Public and 
Indian Housing, Department of Housing and Urban Development, 451 7th 
Street SW., Room 4126, Washington, DC, 20410, telephone number (202) 
402-7914. (This is not a toll-free number.) Hearing- or speech-impaired 
individuals may access this number via TTY by calling the toll-free 
Federal Relay Service at 1-800-877-8339.

SUPPLEMENTARY INFORMATION: 

I. Background

    On October 21, 2015 (80 FR 63822), HUD published in the Federal 
Register a notice that set forth the policies and procedures for the 
administration of a supportive housing and rental demonstration called 
the Tribal HUD-VASH. As described in the October 21, 2015, notice, HUD 
made $4 million in grant funding available to Indian tribes and 
tribally designated housing entities (TDHEs) to fund this rental 
assistance and associated administrative fees. Under Tribal HUD-VASH, 
Indian tribes and TDHEs participating must partner with the Department 
of Veterans Affairs (VA) to provide healthcare assistance to eligible 
Native American veterans. On March, 2, 2016 at 81 FR 10880, HUD 
published a notice in the Federal Register that announced the 
availability of additional funding for Tribal HUD-VASH and the tribes/
TDHEs selected for the program. In total, 26 tribes/TDHEs were awarded 
$5.9 million in funding.
    The purpose of this notice is to make technical corrections to the 
October 21, 2015, Federal Register notice detailing the Implementation 
of the Tribal HUD-VA Supportive Housing Program to clarify the 
program's intent and to address issues that have risen during the 
implementation of the program.

II. Technical Corrections

A. Section II. Definitions

    A review of this section has caused HUD to add a definition of 
``privately-owned housing.'' HUD is adding this definition to clarify 
the difference between privately-owned housing and tribally-owned 
housing since it is possible for a housing unit owned by the tribe to 
be leased by a Tribal HUD-VASH Veteran participant. Accordingly, on 
page 63823 under section II, captioned ``Definitions,'' HUD corrects 
the October 21, 2015, notice by adding alphabetically the definition of 
``privately-owned housing to read as follows:
    Privately-owned housing--Privately-owned housing is any unit not 
directly owned by the Tribal HUD-VASH grantee. Accordingly, in 
situations where the TDHE is the Tribal HUD-VASH grantee, but the unit 
is owned by another tribal organization (such as the tribe), the unit 
would be considered privately-owned for purposes of this program.

B. Section VI. Subsection B. (Native American Veteran Eligibility)

    1. HUD's review of Section VI.B. of the October 21, 2015, notice 
revealed a lack of clarity in determining income eligibility for 
program participants. Accordingly, on page 63826 under section VI.B.4., 
HUD corrects the October 21, 2015, notice by replacing the second 
sentence of paragraph 4.b. to read as follows:
    ``To be eligible, a Veteran household's annual income must be no 
more than 80 percent of the greater of the median income for the Indian 
area, or the median income for the United States as prescribed by 
Section 4(15) of NAHASDA.''
    2. Additionally, HUD is providing a new section under item 4.c. to 
provide tribes/TDHE's with information about the exclusion of certain 
Veteran's benefits from income calculations to read as follows. 
Accordingly, on page 63826 under section VI.B.4.c, HUD corrects the 
October 21, 2015, notice by adding new paragraph to read as follows:
    ``Annual income is used to determine program eligibility under 
NAHASDA. Per PIH Notice 2011-15, Veteran compensation for service-
connected disability or death under title 38 U.S.C. chapter 11 and 
dependency and indemnity compensation for service-connected deaths 
under title 38 U.S.C. chapter 13 are excluded from income. Refer to 
NAHASDA Program Guidance 2013-05 for more information on calculating 
income.''

C. Section VI. Subsection H. (Rent)

    HUD has determined it needs to revise section VI.H. to establish 
guidelines determining unit bedroom size for the program and clarify 
how to determine the amount of rental assistance when, the bedroom 
sizes of the available housing stock exceed the Veteran family's need 
for bedrooms. Accordingly, on page 63827 under section VI.H., HUD 
corrects the October 21, 2015, notice by redesignating

[[Page 87949]]

paragraph H. to be H.1. and by adding paragraph H.2. to read as 
follows:
    ``2. Bedroom size must be determined based on the number of family 
members living in the household, not on the number of bedrooms in the 
unit to be rented. Guidelines for determining unit size are one bedroom 
for each two persons within the household, except:
    a. Persons of the opposite sex (other than spouses, and children 
under age 5) are not required to share a bedroom;
    b. Persons of different generations are not required to share a 
bedroom;
    c. Live-in aides must be allocated a separate bedroom. No 
additional bedrooms will be provided for the live-in aide's family; and
    d. Single person families must be allocated zero or one bedroom.

Therefore, in situations where the available housing has more bedrooms 
than necessary for the family size and composition, the rental 
assistance payment must be limited to the number of bedrooms based on 
the guidelines listed above. If a grantee chooses to ``over house'' a 
Veteran family by placing the family in a larger unit than the family 
requires under the above guidelines, the maximum amount of Tribal HUD-
VASH funds that can be used to house the Veteran family is the rent for 
a unit sized in accordance with the guidelines, and in accordance with 
Section VI., subsection H of this notice. Any additional rental costs 
due to over housing cannot be funded with Tribal HUD-VASH or regular 
Indian Housing Block Grant (IHBG) funds, but can be funded by other 
resources. In addition, Tribes/TDHEs may want to consider shared 
housing arrangements in situations where appropriate-sized housing is 
limited, but where individual Veterans could have a separate bedroom 
and share common areas.''

D. Section VI. Subsection L (Affordability Periods and Binding 
Commitments)

    HUD has determined that this subsection is too restrictive when 
project-based housing is being used to house eligible homeless Native 
American Veterans. As a result, HUD is removing this requirement and 
deleting Section VI.L of the October 21, 2015, Notice.

    Dated: November 28, 2016.
Lourdes Castro Ram[iacute]rez,
Principal Deputy Assistant Secretary for Public and Indian Housing.
[FR Doc. 2016-29211 Filed 12-5-16; 8:45 am]
 BILLING CODE 4210-67-P



                                                  87948                       Federal Register / Vol. 81, No. 234 / Tuesday, December 6, 2016 / Notices

                                                  justification for travel, all costs                     HUD–VASH). Today’s Federal Register                   captioned ‘‘Definitions,’’ HUD corrects
                                                  associated with the travel, name and                    notice makes technical corrections to                 the October 21, 2015, notice by adding
                                                  contract number for the vendor and                      the October 21, 2015, notice to clarify               alphabetically the definition of
                                                  signature of the requesting vendor. The                 the program’s intent and to address                   ‘‘privately-owned housing to read as
                                                  travel-related submission policy for the                various issues that have risen during the             follows:
                                                  TSA program office using the form will                  implementation of the program.                           Privately-owned housing—Privately-
                                                  determine whether the person                            DATES: Effective Date: December 6, 2016.              owned housing is any unit not directly
                                                  completing and submitting the form is                   FOR FURTHER INFORMATION CONTACT:                      owned by the Tribal HUD–VASH
                                                  an individual from the vendor’s                         Heidi J. Frechette, Deputy Assistant                  grantee. Accordingly, in situations
                                                  administrative staff or the traveler. The               Secretary, Office of Native American                  where the TDHE is the Tribal HUD–
                                                  completed form is submitted to the                      Programs, Office of Public and Indian                 VASH grantee, but the unit is owned by
                                                  contractor via email or other electronic                Housing, Department of Housing and                    another tribal organization (such as the
                                                  format and does not require password                    Urban Development, 451 7th Street SW.,                tribe), the unit would be considered
                                                  protection. The data will be collected, as              Room 4126, Washington, DC, 20410,                     privately-owned for purposes of this
                                                  necessary, when travel-related expenses                 telephone number (202) 402–7914. (This                program.
                                                  under a contract meet the stipulated                    is not a toll-free number.) Hearing- or               B. Section VI. Subsection B. (Native
                                                  requirements for reimbursable-travel.                   speech-impaired individuals may access                American Veteran Eligibility)
                                                  The total annual number of respondents                  this number via TTY by calling the toll-
                                                  is estimated to be 450 and the annual                   free Federal Relay Service at 1–800–                     1. HUD’s review of Section VI.B. of
                                                  burden hours is estimated to be 112.5                   877–8339.                                             the October 21, 2015, notice revealed a
                                                  hours per year.                                                                                               lack of clarity in determining income
                                                                                                          SUPPLEMENTARY INFORMATION:
                                                                                                                                                                eligibility for program participants.
                                                  Use of Results                                          I. Background                                         Accordingly, on page 63826 under
                                                    TSA will use these results as a basis                    On October 21, 2015 (80 FR 63822),                 section VI.B.4., HUD corrects the
                                                  for authorizing travel before departure                 HUD published in the Federal Register                 October 21, 2015, notice by replacing
                                                  and as a means to track expenditures for                a notice that set forth the policies and              the second sentence of paragraph 4.b. to
                                                  contractor-reimbursable travel.                         procedures for the administration of a                read as follows:
                                                  Reviewing the information collected                     supportive housing and rental                            ‘‘To be eligible, a Veteran household’s
                                                  will ensure that travel remains within                  demonstration called the Tribal HUD–                  annual income must be no more than 80
                                                  scope of the contract and that any costs                VASH. As described in the October 21,                 percent of the greater of the median
                                                  incurred are in compliance with the                     2015, notice, HUD made $4 million in                  income for the Indian area, or the
                                                  FTR. By continuing to track the                         grant funding available to Indian tribes              median income for the United States as
                                                  expenditures annually and by contract,                  and tribally designated housing entities              prescribed by Section 4(15) of
                                                  TSA can improve budgeting for travel                    (TDHEs) to fund this rental assistance                NAHASDA.’’
                                                  and have a more informed set of                                                                                  2. Additionally, HUD is providing a
                                                                                                          and associated administrative fees.
                                                  requirements for future contracts.                                                                            new section under item 4.c. to provide
                                                                                                          Under Tribal HUD–VASH, Indian tribes
                                                  Failure to collect this information could                                                                     tribes/TDHE’s with information about
                                                                                                          and TDHEs participating must partner
                                                  lead to unauthorized expenditures by                                                                          the exclusion of certain Veteran’s
                                                                                                          with the Department of Veterans Affairs
                                                  the contractor and/or incorrect budget                                                                        benefits from income calculations to
                                                                                                          (VA) to provide healthcare assistance to
                                                  request submissions.                                                                                          read as follows. Accordingly, on page
                                                                                                          eligible Native American veterans. On
                                                                                                                                                                63826 under section VI.B.4.c, HUD
                                                     Dated: November 30, 2016.                            March, 2, 2016 at 81 FR 10880, HUD
                                                                                                                                                                corrects the October 21, 2015, notice by
                                                  Christina Walsh,                                        published a notice in the Federal
                                                                                                                                                                adding new paragraph to read as
                                                  TSA Paperwork Reduction Act Officer, Office             Register that announced the availability
                                                                                                                                                                follows:
                                                  of Information Technology.                              of additional funding for Tribal HUD–                    ‘‘Annual income is used to determine
                                                  [FR Doc. 2016–29146 Filed 12–5–16; 8:45 am]
                                                                                                          VASH and the tribes/TDHEs selected for                program eligibility under NAHASDA.
                                                                                                          the program. In total, 26 tribes/TDHEs                Per PIH Notice 2011–15, Veteran
                                                  BILLING CODE 9110–05–P
                                                                                                          were awarded $5.9 million in funding.                 compensation for service-connected
                                                                                                             The purpose of this notice is to make
                                                                                                                                                                disability or death under title 38 U.S.C.
                                                                                                          technical corrections to the October 21,
                                                  DEPARTMENT OF HOUSING AND                                                                                     chapter 11 and dependency and
                                                                                                          2015, Federal Register notice detailing
                                                  URBAN DEVELOPMENT                                                                                             indemnity compensation for service-
                                                                                                          the Implementation of the Tribal HUD–
                                                                                                                                                                connected deaths under title 38 U.S.C.
                                                  [Docket No. FR 5889–N–03]                               VA Supportive Housing Program to
                                                                                                                                                                chapter 13 are excluded from income.
                                                                                                          clarify the program’s intent and to
                                                  Implementation of the Tribal HUD–VA                                                                           Refer to NAHASDA Program Guidance
                                                                                                          address issues that have risen during the
                                                  Supportive Housing Program;                                                                                   2013–05 for more information on
                                                                                                          implementation of the program.
                                                  Technical Correction                                                                                          calculating income.’’
                                                                                                          II. Technical Corrections
                                                                                                                                                                C. Section VI. Subsection H. (Rent)
                                                  AGENCY:  Office of the Assistant
                                                                                                          A. Section II. Definitions                              HUD has determined it needs to
                                                  Secretary for Public and Indian
                                                  Housing, HUD.                                              A review of this section has caused                revise section VI.H. to establish
                                                  ACTION: Notice, technical correction.                   HUD to add a definition of ‘‘privately-               guidelines determining unit bedroom
                                                                                                          owned housing.’’ HUD is adding this                   size for the program and clarify how to
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                                                  SUMMARY:   On October 21, 2015, HUD                     definition to clarify the difference                  determine the amount of rental
                                                  published in the Federal Register a                     between privately-owned housing and                   assistance when, the bedroom sizes of
                                                  notice that set forth the policies and                  tribally-owned housing since it is                    the available housing stock exceed the
                                                  procedures for the administration of a                  possible for a housing unit owned by                  Veteran family’s need for bedrooms.
                                                  supportive housing and rental                           the tribe to be leased by a Tribal HUD–               Accordingly, on page 63827 under
                                                  demonstration called the Tribal HUD–                    VASH Veteran participant. Accordingly,                section VI.H., HUD corrects the October
                                                  VA Supportive Housing program (Tribal                   on page 63823 under section II,                       21, 2015, notice by redesignating


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                                                                              Federal Register / Vol. 81, No. 234 / Tuesday, December 6, 2016 / Notices                                                 87949

                                                  paragraph H. to be H.1. and by adding                   DEPARTMENT OF HOUSING AND                             Notice of Funding Availability states
                                                  paragraph H.2. to read as follows:                      URBAN DEVELOPMENT                                     that due to this provision, all applicants
                                                     ‘‘2. Bedroom size must be determined                                                                       are strongly encouraged, but not
                                                  based on the number of family members                   24 CFR Chapter V                                      required, to use ENERGY STAR-labeled
                                                  living in the household, not on the                     [Docket No. FR–5976–C–04]                             appliances and products. Applicants are
                                                  number of bedrooms in the unit to be                                                                          also strongly encouraged, but not
                                                  rented. Guidelines for determining unit                 Housing Opportunity Through                           required, to meet the standard for
                                                  size are one bedroom for each two                       Modernization Act of 2016: Initial                    ENERGY STAR Certified New Homes
                                                  persons within the household, except:                   Guidance; Correction                                  (single-family homes and low-rise
                                                                                                                                                                multifamily properties up to three
                                                     a. Persons of the opposite sex (other                AGENCY:    Office of General Counsel,                 stories), or for ENERGY STAR
                                                  than spouses, and children under age 5)                 HUD.                                                  Multifamily High Rise (four or more
                                                  are not required to share a bedroom;                    ACTION:Initial implementation                         stories).
                                                     b. Persons of different generations are              guidance; correction.                                   Dated: December 1, 2016.
                                                  not required to share a bedroom;                                                                              Ariel Pereira,
                                                                                                          SUMMARY:   On October 24, 2016, HUD
                                                     c. Live-in aides must be allocated a                 published implementation guidance for                 Associate General Counsel for Legislation and
                                                  separate bedroom. No additional                         the Housing Opportunity Through                       Regulations.
                                                  bedrooms will be provided for the live-                 Modernization Act. In that document,                  [FR Doc. 2016–29208 Filed 12–5–16; 8:45 am]
                                                  in aide’s family; and                                   HUD inadvertently published the                       BILLING CODE 4210–67–P
                                                     d. Single person families must be                    incorrect implementation information
                                                  allocated zero or one bedroom.                          for changes regarding the Self-Help
                                                                                                          Homeownership Opportunity Program                     DEPARTMENT OF HOUSING AND
                                                  Therefore, in situations where the                                                                            URBAN DEVELOPMENT
                                                                                                          (SHOP). This notice corrects that
                                                  available housing has more bedrooms
                                                                                                          information.                                          [Docket No. FR–5985–N–01]
                                                  than necessary for the family size and
                                                  composition, the rental assistance                      DATES:  Effective Date: The effective date
                                                  payment must be limited to the number                   for the implementation guidance of                    HUD Program Evaluation Policy—
                                                  of bedrooms based on the guidelines                     October 24, 2016 is unchanged.                        Policy Statement
                                                  listed above. If a grantee chooses to                   FOR FURTHER INFORMATION CONTACT:                      AGENCY:  Office of the Assistant
                                                  ‘‘over house’’ a Veteran family by                      With respect to this supplementary                    Secretary for Policy Development and
                                                  placing the family in a larger unit than                document, contact Ariel Pereira,                      Research, HUD.
                                                  the family requires under the above                     Associate General Counsel for                         ACTION: Notice.
                                                  guidelines, the maximum amount of                       Legislation and Regulations, Department
                                                  Tribal HUD–VASH funds that can be                       of Housing and Urban Development,                     SUMMARY:    This policy statement of
                                                  used to house the Veteran family is the                 451 7th Street SW., Room 10238,                       HUD’s Office of Policy Development
                                                  rent for a unit sized in accordance with                Washington, DC 20410; telephone                       and Research articulates the core
                                                  the guidelines, and in accordance with                  number 202–708–1793 (this is not a toll-              principles and practices of the office’s
                                                  Section VI., subsection H of this notice.               free number). Persons with hearing or                 evaluation and research activities. This
                                                  Any additional rental costs due to over                 speech impairments may access this                    policy reconfirms the Department’s
                                                  housing cannot be funded with Tribal                    number through TTY by calling the toll-               commitment to conducting rigorous,
                                                  HUD–VASH or regular Indian Housing                      free Federal Relay Service at 800–877–                relevant evaluations and to using
                                                  Block Grant (IHBG) funds, but can be                    8339.                                                 evidence from evaluations to inform
                                                  funded by other resources. In addition,                 SUPPLEMENTARY INFORMATION:
                                                                                                                                                                policy and practice.
                                                  Tribes/TDHEs may want to consider                                                                             DATES: December 6, 2016.
                                                  shared housing arrangements in                          I. Introduction                                       FOR FURTHER INFORMATION CONTACT:
                                                  situations where appropriate-sized                        On October 24, 2016, HUD published                  Mark D. Shroder, Associate Deputy
                                                  housing is limited, but where individual                a document advising the public on                     Assistant Secretary, Office of Research,
                                                  Veterans could have a separate bedroom                  HUD’s implementation plans for the                    Evaluation, and Monitoring, Office of
                                                  and share common areas.’’                               Housing Opportunity Through                           Policy Development and Research, U.S.
                                                  D. Section VI. Subsection L                             Modernization Act (HOTMA) (Pub. L.                    Department of Housing and Urban
                                                  (Affordability Periods and Binding                      114–201). That document inadvertently                 Development, 451 7th Street SW.,
                                                  Commitments)                                            contained inaccurate implementation                   Washington, DC 20410, telephone (202)
                                                                                                          information for changes relating to                   402–5922. The listed telephone number
                                                    HUD has determined that this                          SHOP. This correction replaces that                   is not a toll-free number. Persons with
                                                  subsection is too restrictive when                      inaccurate information with the                       hearing- or speech-impairments may
                                                  project-based housing is being used to                  corrected information.                                access this number through TTY by
                                                  house eligible homeless Native                                                                                calling Federal Relay Service at 1–800–
                                                                                                          II. Correction                                        877–8339 (this is a toll-free number).
                                                  American Veterans. As a result, HUD is
                                                  removing this requirement and deleting                    In document FR–5897–N–01,                           SUPPLEMENTARY INFORMATION:
                                                  Section VI.L of the October 21, 2015,                   published October 24, 2016 (81 FR
                                                                                                          73030), make the following correction:                I. Background
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                                                  Notice.
                                                                                                          On page 73032, in the first column,                      The mission of HUD’s Office of Policy
                                                    Dated: November 28, 2016.
                                                                                                          replace the implementation action for                 Development and Research (PD&R) is to
                                                  Lourdes Castro Ramı́rez,                                section 502 with the following                        inform HUD policy development and
                                                  Principal Deputy Assistant Secretary for                paragraph:                                            implementation to improve life in
                                                  Public and Indian Housing.                                Implementation action: This                         American communities through
                                                  [FR Doc. 2016–29211 Filed 12–5–16; 8:45 am]             provision was effective upon enactment                conducting, supporting, and sharing
                                                  BILLING CODE 4210–67–P                                  of HOTMA. The Fiscal Year 2016 SHOP                   research, surveys, demonstrations,


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Document Created: 2016-12-06 02:18:20
Document Modified: 2016-12-06 02:18:20
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ActionNotice, technical correction.
ContactHeidi J. Frechette, Deputy Assistant Secretary, Office of Native American Programs, Office of Public and Indian Housing, Department of Housing and Urban Development, 451 7th Street SW., Room 4126, Washington, DC, 20410, telephone number (202) 402-7914. (This is not a toll-free number.) Hearing- or speech-impaired individuals may access this number via TTY by calling the toll-free Federal Relay Service at 1-800-877-8339.
FR Citation81 FR 87948 

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