83 FR 17835 - Notice of Final Determination for the MOWA Band of Choctaw Indian Tribe's Request for Expansion of Their Formula Area

DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

Federal Register Volume 83, Issue 79 (April 24, 2018)

This notice advises the public that the MOWA Band of Choctaw Indian Tribe has requested an expansion of their Formula Area that will overlap with the Poarch Creek Tribe's Formula Area. HUD made a preliminary determination that the MOWA Band of Choctaw Indian Tribe met the requirements for expanding its Formula Area to include the balance of Mobile County, Alabama. Poarch Creek, an affected tribe was notified and had opportunity to comment. HUD received no comments from the affected tribe. Consistent with HUD regulations, HUD is announcing its final determination to grant the request of MOWA Band of Choctaw Indian Tribe.

[Federal Register Volume 83, Number 79 (Tuesday, April 24, 2018)]
[Notices]
[Pages 17835-17836]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-08546]


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DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

[Docket No. FR-6098-N-01]


Notice of Final Determination for the MOWA Band of Choctaw Indian 
Tribe's Request for Expansion of Their Formula Area

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

ACTION: Notice.

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SUMMARY: This notice advises the public that the MOWA Band of Choctaw 
Indian Tribe has requested an expansion of their Formula Area that will 
overlap with the Poarch Creek Tribe's Formula Area. HUD made a 
preliminary determination that the MOWA Band of Choctaw Indian Tribe 
met the requirements for expanding its Formula Area to include the 
balance of Mobile County, Alabama. Poarch Creek, an affected tribe was 
notified and had opportunity to comment. HUD received no comments from 
the affected tribe. Consistent with HUD regulations, HUD is announcing 
its final determination to grant the request of MOWA Band of Choctaw 
Indian Tribe.

DATES: Applicability Date: April 24, 2018.

FOR FURTHER INFORMATION CONTACT: Frederick Griefer, Director, Office of 
Grants Management, Office of Native

[[Page 17836]]

American Programs, Department of Housing and Urban Development, 451 
Seventh Street SW, Room 9166, Washington, DC 20410, telephone 202-402-
5186 (this is not a toll-free number). Hearing or speech-impaired 
individuals may access this number via TTY by calling the toll-free 
Federal Information Relay Service at 1-800-877-8339.

SUPPLEMENTARY INFORMATION: The Indian Housing Block Grant (IHBG) 
program is authorized by section 302 of the Native American Housing 
Assistance and Self Determination Act of 1996 (NAHASDA). Under the 
Indian Housing Block Grant (IHBG) program, codified in 24 CFR part 
1000.302, Indian tribes can request an expansion of their Formula Area 
that overlaps with another tribe's Formula Area. In accordance with 24 
CFR 1000.326(a)(3), which became effective on December 22, 2016, State 
tribes are eligible to request and receive Formula Area that were 
already assigned to Federally recognized tribes. According to Sec.  
1000.326(a)(3), when a State recognized tribe's Formula Area overlaps 
with the Formula Area of a Federally recognized Indian tribe, the 
Federally recognized Indian tribe receives the allocation for the 
Formula Area up to its population cap, and the State recognized tribe 
receives the balance of the overlapping area (if any) up to its 
population cap.
    Pursuant to 24 CFR 1000.302, if a tribe asks HUD for an expansion 
of their Formula Area, after HUD makes its preliminary determination, 
HUD must notify all potentially affected Indian tribes of the basis for 
its preliminary determination by certified mail and provide the Indian 
tribes with opportunity to comment for a period of not less than 90 
days. After consideration of the comments, Sec.  1000.302 requires HUD 
to publish the notice of final determination in the Federal Register.
    On March 14, 2017, the MOWA Band of Choctaw Indian Tribe, a State 
recognized tribe, requested that their Formula Area be expanded to 
include the balance of Mobile County in the State of Alabama starting 
in Fiscal Year (FY) 2017. The portion of the county which is not 
reservation and trust lands is referred to as the balance of county. 
The Formula Area expansion requested by the MOWA Band of Choctaw Indian 
Tribe results in an overlapping Formula Area with the Poarch Creek 
Tribe, a Federally recognized tribe. In accordance with Sec.  
1000.326(a)(3), HUD made a preliminary determination on December 4, 
2017, that the MOWA Band of Choctaw Indian Tribe meets the requirements 
for expanding its Formula Area to include the balance of Mobile County, 
Alabama. In accordance with Sec.  1000.302, HUD notified the Poarch 
Creek Tribe about the basis for its preliminary determination by 
certified mail and provided opportunity to comment for a period of not 
less than 90 days. The required notification was sent to the Poarch 
Creek Tribe on December 4, 2017. As of March 5, 2018, no comments were 
received. Therefore, HUD made a final determination to add the balance 
of Mobile County, Alabama to the MOWA Band of Choctaw Indian Tribe's 
Formula Area starting in FY 2017. The Tribe submitted their request for 
FY 2017 determination, therefore this final determination will apply to 
the Tribe's request retroactively.

    Dated: April 16, 2018.
Dominique Blom,
General Deputy Assistant Secretary for Public and Indian Housing.
    [FR-6098-N-01]
[FR Doc. 2018-08546 Filed 4-23-18; 8:45 am]
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