81_FR_886 81 FR 881 - Native American Housing Assistance and Self-Determination Act of 1996: Negotiated Rulemaking Committee; Notice of Eighth Meeting

81 FR 881 - Native American Housing Assistance and Self-Determination Act of 1996: Negotiated Rulemaking Committee; Notice of Eighth Meeting

DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

Federal Register Volume 81, Issue 5 (January 8, 2016)

Page Range881-882
FR Document2016-00185

This notice announces the eighth meeting of the Indian Housing Block Grant (IHBG) program negotiated rulemaking committee.

Federal Register, Volume 81 Issue 5 (Friday, January 8, 2016)
[Federal Register Volume 81, Number 5 (Friday, January 8, 2016)]
[Proposed Rules]
[Pages 881-882]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-00185]


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DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

24 CFR Chapter IX

[Docket No. FR-5650-N-11]


Native American Housing Assistance and Self-Determination Act of 
1996: Negotiated Rulemaking Committee; Notice of Eighth Meeting

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

ACTION: Notice of meetings of negotiated rulemaking committee.

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

SUMMARY: This notice announces the eighth meeting of the Indian Housing 
Block Grant (IHBG) program negotiated rulemaking committee.

DATES: The eighth meeting will be held on Tuesday, January 26, 2016 and 
Wednesday, January 27, 2016. On each day, the session will begin at 
approximately 8:30 a.m., and adjourn at approximately 5:30 p.m.

ADDRESSES: The meeting will take place at the Weaver Building, U.S. 
Department of Housing and Urban Development, 451 Seventh Street SW., 
Washington, DC 20410.

FOR FURTHER INFORMATION CONTACT: Randy Akers, Acting Deputy Assistant 
Secretary for Native American Programs, Office of Public and Indian 
Housing, Department of Housing and Urban Development, 451 Seventh 
Street SW., Room 4126, Washington, DC 20410, telephone number 202-401-
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

    The Native American Housing and Assistance and Self-Determination 
Act of 1996 (25 U.S.C. 4101 et seq.) (NAHASDA) changed the way that 
housing assistance is provided to Native Americans. NAHASDA eliminated 
several separate assistance programs and replaced them with a single 
block grant program, known as the Indian Housing Block Grant (IHBG) 
program. The regulations governing the IHBG formula allocation are 
codified in subpart D of part 1000 of HUD's regulations in title 24 of 
the Code of Federal Regulations. In accordance with section 106 of 
NAHASDA, HUD developed the regulations with active tribal participation 
using the procedures of the Negotiated Rulemaking Act of 1990 (5 U.S.C. 
561-570).
    Under the IHBG program, HUD makes assistance available to eligible 
Indian tribes for affordable housing activities. The amount of 
assistance made available to each Indian tribe is determined using a 
formula that was developed as part of the NAHASDA negotiated process. 
Based on the amount of funding appropriated for the IHBG program, HUD 
calculates the annual grant for each Indian tribe and provides this 
information to the Indian tribes. An Indian Housing Plan for the Indian 
tribe is then submitted to HUD. If the Indian Housing Plan is found to 
be in compliance with statutory and regulatory requirements, the grant 
is made.
    On July 3, 2012 at 77 FR 39452, HUD announced its intention to 
establish a negotiated rulemaking committee for the purpose of 
developing regulatory changes to the formula allocation for the IHBG 
program. On June 12, 2013 at 78 FR 35178, HUD announced the list of 
proposed members for the negotiated rulemaking committee, and requested 
additional public comment on the proposed membership. On July 30, 2013 
at 78 FR 45903, HUD announced the final list of committee members to 
revise the allocation formula used under the IHBG.
    Committee meetings have taken place on August 27-28, 2013, 
September 17-19, 2013, April 23-24, 2014, June 11-13, 2014, July 29-31, 
2014, August 26-28, 2014, and August 11-13, 2015. All of the Committee 
meetings were announced in the Federal Register and were open to the 
public.\1\
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    \1\ See, 78 FR 45903 (July 30, 2013), 78 FR 54416 (September 4, 
2013), 79 FR 14204 (March 13, 2014), 79 FR 29700 (May 23, 2014), 80 
FR 30004 (May 26, 2015).
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II. Eighth Committee Meeting

    The eighth meeting of the IHBG Formula Negotiated Rulemaking 
Committee will be held on Tuesday, January 26, 2016 and Wednesday, 
January 27, 2016. On each day, the session will begin at approximately 
8:30 a.m., and adjourn at approximately 5:30 p.m. The meeting will take 
place at the Weaver Building, U.S. Department of Housing and Urban 
Development, 451 Seventh Street SW., Washington, DC 20410. The primary 
agenda items for this meeting will be limited to discussion and vote on 
adjustments to data sources and approval of final preamble language.
    These meetings will be open to the public; however, all members of 
the public will be required to register their attendance; present valid 
identification, and be subject to security screening upon entrance to 
the building. The deadline for registration is 5:00 p.m.

[[Page 882]]

Eastern Standard Time, January 22, 2016. The public may register using 
the following link: http://newregistration.firstpic.org/rulemaking/index.php or by calling 1-202-393-6400 (this is not a toll-free 
number). Through the registration process, attendees will be informed 
of the acceptable forms of identification to present for admittance to 
the building. Public attendance may be limited to the space available. 
Members of the public may make statements during the meetings, to the 
extent time permits, and file written statements with the committee for 
its consideration. Written statements should be submitted to the 
address listed in the FOR FURTHER INFORMATION CONTACT section of this 
document.

III. Future Committee Meetings

    Notices of all future meetings will be published in the Federal 
Register. HUD will make every effort to publish such notices at least 
15 calendar days prior to each meeting.

    Dated: December 31, 2015.
Lourdes Castro Ram[iacute]rez,
Principal Deputy Assistant Secretary for Public and Indian Housing.
[FR Doc. 2016-00185 Filed 1-7-16; 8:45 am]
BILLING CODE 4210-67-P



                                                                             Federal Register / Vol. 81, No. 5 / Friday, January 8, 2016 / Proposed Rules                                                    881

                                                  on whether to expand sanctuary                          DEPARTMENT OF HOUSING AND                              tribes for affordable housing activities.
                                                  boundaries, suggestions for the extent                  URBAN DEVELOPMENT                                      The amount of assistance made
                                                  and configuration of an expanded                                                                               available to each Indian tribe is
                                                  boundary, and the potential effects of a                24 CFR Chapter IX                                      determined using a formula that was
                                                  boundary expansion; and                                 [Docket No. FR–5650–N–11]                              developed as part of the NAHASDA
                                                    2. Help determine the scope of issues                                                                        negotiated process. Based on the
                                                  to be addressed in the preparation of an                Native American Housing Assistance                     amount of funding appropriated for the
                                                  environmental impact statement (EIS)                    and Self-Determination Act of 1996:                    IHBG program, HUD calculates the
                                                                                                          Negotiated Rulemaking Committee;                       annual grant for each Indian tribe and
                                                  pursuant to NEPA.
                                                                                                          Notice of Eighth Meeting                               provides this information to the Indian
                                                  IV. Consultation Under the National                                                                            tribes. An Indian Housing Plan for the
                                                                                                          AGENCY:  Office of Assistant Secretary for             Indian tribe is then submitted to HUD.
                                                  Historic Preservation Act
                                                                                                          Public and Indian Housing, HUD.                        If the Indian Housing Plan is found to
                                                    This document confirms that NOAA                      ACTION: Notice of meetings of negotiated               be in compliance with statutory and
                                                  will fulfill its responsibility under                   rulemaking committee.                                  regulatory requirements, the grant is
                                                  section 106 of the National Historic                                                                           made.
                                                                                                          SUMMARY:    This notice announces the
                                                  Preservation Act (NHPA, 16 U.S.C. 470)                                                                            On July 3, 2012 at 77 FR 39452, HUD
                                                                                                          eighth meeting of the Indian Housing
                                                  through the ongoing NEPA process,                       Block Grant (IHBG) program negotiated                  announced its intention to establish a
                                                  pursuant to 36 CFR 800.8(a), including                  rulemaking committee.                                  negotiated rulemaking committee for the
                                                  the use of NEPA documents and public                                                                           purpose of developing regulatory
                                                                                                          DATES: The eighth meeting will be held
                                                  and stakeholder meetings to meet the                                                                           changes to the formula allocation for the
                                                                                                          on Tuesday, January 26, 2016 and
                                                  section 106 requirements. The NHPA                      Wednesday, January 27, 2016. On each                   IHBG program. On June 12, 2013 at 78
                                                  specifically applies to any agency                      day, the session will begin at                         FR 35178, HUD announced the list of
                                                  undertaking that may affect historic                    approximately 8:30 a.m., and adjourn at                proposed members for the negotiated
                                                  properties. Pursuant to 36 CFR                          approximately 5:30 p.m.                                rulemaking committee, and requested
                                                  800.16(l)(1), a ‘‘historic property means                                                                      additional public comment on the
                                                                                                          ADDRESSES: The meeting will take place
                                                  any prehistoric or historic district, site,                                                                    proposed membership. On July 30, 2013
                                                                                                          at the Weaver Building, U.S.
                                                  building, structure, or object included                                                                        at 78 FR 45903, HUD announced the
                                                                                                          Department of Housing and Urban
                                                  in, or eligible for inclusion in, the                   Development, 451 Seventh Street SW.,                   final list of committee members to
                                                  National Register of Historic Places                    Washington, DC 20410.                                  revise the allocation formula used under
                                                  maintained by the Secretary of the                                                                             the IHBG.
                                                                                                          FOR FURTHER INFORMATION CONTACT:
                                                  Interior. The term includes artifacts,                                                                            Committee meetings have taken place
                                                                                                          Randy Akers, Acting Deputy Assistant
                                                  records, and remains that are related to                                                                       on August 27–28, 2013, September 17–
                                                                                                          Secretary for Native American
                                                  and located within such properties. The                                                                        19, 2013, April 23–24, 2014, June 11–13,
                                                                                                          Programs, Office of Public and Indian
                                                  term includes properties of traditional                                                                        2014, July 29–31, 2014, August 26–28,
                                                                                                          Housing, Department of Housing and
                                                  religious and cultural importance to an                                                                        2014, and August 11–13, 2015. All of
                                                                                                          Urban Development, 451 Seventh Street
                                                  Indian tribe or Native Hawaiian                                                                                the Committee meetings were
                                                                                                          SW., Room 4126, Washington, DC
                                                  organization and that meet the National                                                                        announced in the Federal Register and
                                                                                                          20410, telephone number 202–401–7914
                                                  Register criteria.’’                                                                                           were open to the public.1
                                                                                                          (this is not a toll-free number). Hearing-
                                                    In fulfilling its responsibility under                or speech-impaired individuals may                     II. Eighth Committee Meeting
                                                  the NHPA and NEPA, NOAA intends to                      access this number via TTY by calling
                                                                                                                                                                    The eighth meeting of the IHBG
                                                  identify consulting parties; identify                   the toll-free Federal Relay Service at 1–
                                                                                                                                                                 Formula Negotiated Rulemaking
                                                  historic properties and assess the effects              800–877–8339.
                                                                                                                                                                 Committee will be held on Tuesday,
                                                  of the undertaking on such properties;                  SUPPLEMENTARY INFORMATION:                             January 26, 2016 and Wednesday,
                                                  initiate formal consultation with the                   I. Background                                          January 27, 2016. On each day, the
                                                  State Historic Preservation Officer, the                                                                       session will begin at approximately 8:30
                                                  Advisory Council of Historic                               The Native American Housing and
                                                                                                          Assistance and Self-Determination Act                  a.m., and adjourn at approximately 5:30
                                                  Preservation, and other consulting                                                                             p.m. The meeting will take place at the
                                                  parties; involve the public in                          of 1996 (25 U.S.C. 4101 et seq.)
                                                                                                          (NAHASDA) changed the way that                         Weaver Building, U.S. Department of
                                                  accordance with NOAA’s NEPA                                                                                    Housing and Urban Development, 451
                                                                                                          housing assistance is provided to Native
                                                  procedures; and in consultation with                                                                           Seventh Street SW., Washington, DC
                                                                                                          Americans. NAHASDA eliminated
                                                  the identified consulting parties,                                                                             20410. The primary agenda items for
                                                                                                          several separate assistance programs
                                                  develop alternatives and proposed                       and replaced them with a single block                  this meeting will be limited to
                                                  measures that might avoid, minimize or                  grant program, known as the Indian                     discussion and vote on adjustments to
                                                  mitigate any adverse effects on historic                Housing Block Grant (IHBG) program.                    data sources and approval of final
                                                  properties and describe them in any                     The regulations governing the IHBG                     preamble language.
                                                  environmental assessment or draft                       formula allocation are codified in                        These meetings will be open to the
                                                  environmental impact statement.                         subpart D of part 1000 of HUD’s                        public; however, all members of the
                                                    Authority: 16 U.S.C. 1431 et seq.; 16 U.S.C.          regulations in title 24 of the Code of                 public will be required to register their
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                                                  470.                                                    Federal Regulations. In accordance with                attendance; present valid identification,
                                                                                                          section 106 of NAHASDA, HUD                            and be subject to security screening
                                                    Dated: December 22, 2015.                                                                                    upon entrance to the building. The
                                                                                                          developed the regulations with active
                                                  John Armor,
                                                                                                          tribal participation using the procedures              deadline for registration is 5:00 p.m.
                                                  Acting Director, Office of National Marine              of the Negotiated Rulemaking Act of                      1 See, 78 FR 45903 (July 30, 2013), 78 FR 54416
                                                  Sanctuaries.                                            1990 (5 U.S.C. 561–570).                               (September 4, 2013), 79 FR 14204 (March 13, 2014),
                                                  [FR Doc. 2015–33169 Filed 1–7–16; 8:45 am]                 Under the IHBG program, HUD makes                   79 FR 29700 (May 23, 2014), 80 FR 30004 (May 26,
                                                  BILLING CODE 3510–NK–P                                  assistance available to eligible Indian                2015).



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                                                  882                        Federal Register / Vol. 81, No. 5 / Friday, January 8, 2016 / Proposed Rules

                                                  Eastern Standard Time, January 22,                      FOR FURTHER INFORMATION CONTACT:                       framework addressing the manner and
                                                  2016. The public may register using the                 Robert Basso at (202) 317–7011 (not a                  timing for donee reporting under section
                                                  following link: http://                                 toll-free number).                                     170(f)(8)(D). On September 17, 2015, a
                                                  newregistration.firstpic.org/rulemaking/                SUPPLEMENTARY INFORMATION:                             notice of proposed rulemaking (REG–
                                                  index.php or by calling 1–202–393–                                                                             138344–13) was published in the
                                                  6400 (this is not a toll-free number).                  Background                                             Federal Register (80 FR 55802). The
                                                  Through the registration process,                          Section 170(f)(8)(A) of the Internal                proposed framework for donee reporting
                                                  attendees will be informed of the                       Revenue Code provides the statutory                    was based on a specific-use information
                                                  acceptable forms of identification to                   requirement that a taxpayer who claims                 return that would include, among other
                                                  present for admittance to the building.                 a charitable contribution deduction for                things, the donor’s name, address, and
                                                  Public attendance may be limited to the                 any contribution of $250 or more obtain                taxpayer identification number. Similar
                                                  space available. Members of the public                  substantiation in the form of a                        to other specific-use information returns
                                                  may make statements during the                          contemporaneous written                                filed with the IRS, the donor’s taxpayer
                                                  meetings, to the extent time permits,                   acknowledgment (CWA) from the donee                    identification number was required in
                                                  and file written statements with the                    organization. However, in section                      order to properly associate the donation
                                                  committee for its consideration. Written                170(f)(8)(D), Congress provided an                     information with the correct taxpayer.
                                                  statements should be submitted to the                   exception to the CWA requirement.                      Unlike a CWA, which is not sent to the
                                                  address listed in the FOR FURTHER                       Under the exception, a CWA is not                      IRS, the donee reporting information
                                                  INFORMATION CONTACT section of this                     required if the donee organization files               return would be sent to the IRS, which
                                                  document.                                               a return on such form and in accordance                must have a means to store, maintain,
                                                                                                          with such regulations as the Treasury                  and readily retrieve the return
                                                  III. Future Committee Meetings                          Department may prescribe (donee                        information for a specific taxpayer if
                                                    Notices of all future meetings will be                reporting).                                            and when substantiation is required in
                                                  published in the Federal Register. HUD                     Section 1.170A–13(f) of the Income                  the course of an examination.
                                                  will make every effort to publish such                  Tax Regulations provides the rules                        The proposed framework for donee
                                                  notices at least 15 calendar days prior to              issued by the Treasury Department and                  reporting was intended to minimize the
                                                  each meeting.                                           the IRS for substantiating charitable                  reporting burden on donee
                                                                                                          contributions of $250 or more. See TD                  organizations by making it voluntary,
                                                    Dated: December 31, 2015.
                                                                                                          8690 (1997–1 CB 68). When issuing TD                   and to protect donor privacy by not
                                                  Lourdes Castro Ramı́rez,                                8690 in 1997, the Treasury Department                  using the Form 990 series. In the
                                                  Principal Deputy Assistant Secretary for                and the IRS specifically declined to                   preamble to the proposed regulations,
                                                  Public and Indian Housing.                              issue regulations to implement donee                   the Treasury Department and the IRS
                                                  [FR Doc. 2016–00185 Filed 1–7–16; 8:45 am]              reporting under section 170(f)(8)(D). The              expressed concern about the potential
                                                  BILLING CODE 4210–67–P                                  IRS has consistently maintained that the               risk for identity theft with a donee
                                                                                                          section 170(f)(8)(D) exception is not                  reporting system based on a specific-use
                                                                                                          available unless and until the Treasury                information return because donee
                                                                                                          Department and the IRS issue final                     organizations would be collecting
                                                  DEPARTMENT OF THE TREASURY
                                                                                                          regulations prescribing the method for                 donors’ taxpayer identification numbers
                                                  Internal Revenue Service                                donee reporting. Nevertheless, some                    and maintaining those numbers for
                                                                                                          taxpayers under examination for their                  some period of time. The Treasury
                                                  26 CFR Part 1                                           claimed charitable contribution                        Department and the IRS requested
                                                                                                          deductions have recently argued that a                 comments, including specifically on
                                                  [REG–138344–13]                                         failure to comply with the CWA                         whether additional guidance was
                                                                                                          requirements of section 170(f)(8)(A) may               necessary regarding the procedures a
                                                  RIN 1545–BL94                                           be cured if the donee organization files               donee organization should use to
                                                                                                          an amended Form 990, ‘‘Return of                       mitigate the risk of identity theft of
                                                  Substantiation Requirement for Certain                  Organization Exempt From Income                        donor information.
                                                  Contributions; Withdrawal                               Tax,’’ that includes the donor’s                          The Treasury Department and the IRS
                                                                                                          contribution information. These                        received a substantial number of public
                                                  AGENCY: Internal Revenue Service (IRS),
                                                                                                          taxpayers argue that an amended Form                   comments in response to the notice of
                                                  Treasury.
                                                                                                          990 constitutes permissible donee                      proposed rulemaking. Many of these
                                                  ACTION: Withdrawal of notice of                         reporting under section 170(f)(8)(D),                  public comments questioned the need
                                                  proposed rulemaking.                                    even if the amended Form 990 is                        for donee reporting, and many
                                                                                                          submitted to the IRS many years after                  comments expressed significant
                                                  SUMMARY:   This document withdraws
                                                                                                          the purported charitable contribution                  concerns about donee organizations
                                                  proposed regulations that would
                                                                                                          was made. In response to some donors’                  collecting and maintaining taxpayer
                                                  implement the statutory exception to
                                                                                                          requests, some donee organizations have                identification numbers for purposes of
                                                  the ‘‘contemporaneous written
                                                                                                          filed amended Forms 990 attempting to                  the specific-use information return. In
                                                  acknowledgement’’ requirement for
                                                                                                          effectuate donee reporting. The Treasury               response to those comments, the
                                                  substantiating charitable contribution
                                                                                                          Department and the IRS have concluded                  Treasury Department and the IRS have
                                                  deductions of $250 or more. The
                                                                                                          that the Form 990 is an unsuitable                     decided against implementing the
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                                                  withdrawal affects persons that make                                                                           statutory exception to the CWA
                                                                                                          reporting method for this purpose and
                                                  charitable contributions and                                                                                   requirement, and therefore that
                                                                                                          may not be used to effectuate donee
                                                  organizations that receive charitable                                                                          exception remains unavailable unless
                                                                                                          reporting.
                                                  contributions.                                             However, in response to the interest                and until final regulations are issued
                                                  DATES: As of January 8, 2016 the notice                 by some taxpayers in donee reporting                   prescribing the method for donee
                                                  of proposed rulemaking published on                     under the statutory exception, the                     reporting. Accordingly, the notice of
                                                  September 17, 2015 (80 FR 55802), is                    Treasury Department and the IRS                        proposed rulemaking is being
                                                  withdrawn.                                              proposed regulations to implement a                    withdrawn.


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Document Created: 2016-01-16 01:14:20
Document Modified: 2016-01-16 01:14:20
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionProposed Rules
ActionNotice of meetings of negotiated rulemaking committee.
DatesThe eighth meeting will be held on Tuesday, January 26, 2016 and Wednesday, January 27, 2016. On each day, the session will begin at approximately 8:30 a.m., and adjourn at approximately 5:30 p.m.
ContactRandy Akers, Acting Deputy Assistant Secretary for Native American Programs, Office of Public and Indian Housing, Department of Housing and Urban Development, 451 Seventh Street SW., Room 4126, Washington, DC 20410, telephone number 202-401- 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 881 

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