83 FR 23710 - Implementation of the Tribal HUD-VA Supportive Housing Program

DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

Federal Register Volume 83, Issue 99 (May 22, 2018)

Page Range		23710-23719
FR Document		2018-10909

On October 21, 2015, HUD published in the Federal Register a Notice that established the policies and procedures for the administration of a supportive housing and rental demonstration called ``Implementation of the Tribal HUD-VA Supportive Housing Program'' (Tribal HUD-VASH). The program provides rental assistance and supportive services to Native American veterans who are Homeless or At Risk of Homelessness living on or near a reservation or other Indian areas. HUD also issued technical corrections in the Federal Register on December 6, 2016 to clarify the program's intent and address various issues that arose during the implementation of the program. Today's Federal Register Notice consolidates all Tribal HUD-VASH program requirements in one Notice and supersedes the prior Notices. This Notice also establishes HUD's procedures for issuing renewal funding, subject to the availability of future appropriations.

Federal Register, Volume 83 Issue 99 (Tuesday, May 22, 2018)

[Federal Register Volume 83, Number 99 (Tuesday, May 22, 2018)]
[Notices]
[Pages 23710-23719]
From the Federal Register Online [www.thefederalregister.org]
[FR Doc No: 2018-10909]

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DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

[Docket No. FR 6091-N-01]

Implementation of the Tribal HUD-VA Supportive Housing Program

AGENCY: Office of the Assistant Secretary for Public and Indian
Housing, Department of Housing and Urban Development.

ACTION: Notice.

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SUMMARY: On October 21, 2015, HUD published in the Federal Register a
Notice that established the policies and procedures for the
administration of a supportive housing and rental demonstration called
``Implementation of the Tribal HUD-VA Supportive Housing Program''
(Tribal HUD-VASH). The program provides rental assistance and
supportive services to Native American veterans who are Homeless or At
Risk of Homelessness living on or near a reservation or other Indian
areas. HUD also issued technical corrections in the Federal Register on
December 6, 2016 to clarify the program's intent and address various
issues that arose during the implementation of the program. Today's
Federal Register Notice consolidates all Tribal HUD-VASH program
requirements in one Notice and supersedes the prior Notices. This
Notice also establishes HUD's procedures for issuing renewal funding,
subject to the availability of future appropriations.

DATES: Applicability Date: May 22, 2018.

FOR FURTHER INFORMATION CONTACT: Heidi J. Frechette, Deputy Assistant
Secretary, Office of Native American Programs (ONAP), 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

[[Page 23711]]

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
II. Definitions
III. Program Requirements
IV. Allocation of Assistance
V. Application for Tribal HUD-VASH Program
VI. Tribal HUD-VASH Program Requirements, Waivers, and Alternative
Requirements
VII. Environmental Impact

I. Background

Since Fiscal Year (FY) 2008, the Housing Choice Voucher (HCV)
program has provided rental assistance under a supportive housing
program for Homeless veterans authorized by section 8(o)(19) of the
United States Housing Act of 1937 (42 U.S.C. 1437f(o)(19)). The
initiative, known as the HUD-VA Supportive Housing (HUD-VASH) program,
was initially authorized by the Consolidated Appropriations Act, 2008
(Pub. L. 110-161, approved December 26, 2007). The HUD-VASH program
combines HCV rental assistance for Homeless veterans with Case
Management and clinical services provided by or through the VA through
Veterans Administration Medical Centers (VAMC). Historically, this
program has not reached Native American veterans in tribal communities
due to legal impediments preventing tribes and tribally designated
housing entities (TDHEs) from participating in the HUD-VASH program.
In the Consolidated and Further Continuing Appropriations Act, 2015
(Pub. L. 113-235, approved December 16, 2014) (``2015 Appropriations
Act''), Congress authorized funding for a demonstration program to
expand the HUD-VASH program into Indian Country. The 2015
Appropriations Act directed HUD to coordinate with Indian tribes,
TDHEs, and other appropriate tribal organizations to design this
program, and ensure the effective delivery of housing assistance and
supportive services to Native American veterans who are Homeless or At
Risk of Homelessness. It also authorized HUD to make appropriate
adjustments to the HUD-VASH model, and to waive or specify alternative
requirements (except for requirements related to fair housing,
nondiscrimination, labor standards, and the environment) for any
provision of any statute or regulation that it administers if it finds
that they are necessary for the effective delivery and administration
of rental assistance under the program.
On January 26, 2015, HUD sent a ``Dear Tribal Leader'' letter to
tribal leaders, tribal organizations, and TDHE directors soliciting
comments on a Tribal HUD-VASH demonstration program (Tribal HUD-VASH).
HUD also held a national listening session at the National American
Indian Housing Council's Legislative Conference held on February 2,
2015, followed by regional listening sessions held at each of the six
Office of Native American Programs (ONAP) field offices. HUD also
received comments from tribes through letters and emails. Generally,
the comments were supportive of the program. The comments offered
suggestions on how the program should be structured to address aspects
such as rent and geographic distribution. HUD considered these comments
when developing the Tribal HUD-VASH program.
On October 21, 2015, HUD published a Notice entitled
``Implementation of the Tribal HUD-VA Supportive Housing Program'' in
the Federal Register establishing the policies and procedures for the
Tribal HUD-VASH program (80 FR 63822). HUD announced the availability
of $4 million in grant funding to Indian tribes and TDHEs to fund
tenant-based or project-based rental assistance and associated
administrative expenses. Under Tribal HUD-VASH, Indian tribes and TDHEs
participants must partner with the Department of Veterans Affairs (VA)
to provide healthcare assistance to eligible Native American veterans.
On March 2, 2016, HUD published a Notice entitled, ``Tribal HUD-VA
Supportive Housing Program Awards, Fiscal Year 2015'' notifying the
public regarding the tribes/TDHEs selected for the program in the
Federal Register. In total, 26 tribes/TDHEs were awarded $5.9 million
in funding, as funding became available in addition to the original $4
million cited in the implementation Notice 81 FR 10880. Finally, HUD
issued technical corrections to the October 21, 2015, Federal Register
Notice on December 6, 2016 to address issues that arose during the
implementation of the program 81 FR 87948.
In the Consolidated Appropriations Act, 2017 (P.L. 115-31, approved
May 5, 2017) an additional $7 million for renewal grant funding and
limited expansion was provided for the Tribal HUD-VASH program. Today's
announcement supersedes the Notices issued on October 21, 2015 and
December 6, 2016 by consolidating all the Tribal HUD-VASH program
requirements. This Notice also establishes HUD's procedures for issuing
renewal funding, subject to the availability of future appropriations.
Any future changes to Tribal HUD-VASH program definitions,
requirements, and implementation will be outlined in future Federal
Register Notices issued by HUD.

II. Definitions

Case Management--For purposes of Tribal HUD-VASH, Case Management
is a specialized component of healthcare management, requiring highly
skilled, trained professionals. Case Management emphasizes a
collaborative process that assesses, advocates, plans, implements,
coordinates, monitors, and evaluates health care options and services
so that they meet the needs of the individual patient.
Community Based Outpatient Clinic (CBOC)--A Community Based
Outpatient Clinic (CBOC) is a VA-operated clinic or a VA-funded or
reimbursed health care facility or site that is geographically distinct
or separate from the parent medical facility.
Fair Market Rent (FMR)--Fair Market Rent means the rent, as
established by HUD, for units of varying sizes (by number of bedrooms),
that must be paid in the market area to rent privately-owned, existing,
decent, safe and sanitary rental housing of modest (non-luxury) nature
with suitable amenities.
Homeless and At Risk of Homelessness--For purposes of Tribal HUD-
VASH, HUD is adopting the definitions of ``Homeless'' in Section 103(a)
of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11302(a)) and
``At Risk of Homelessness'' in Section 401(1) of the McKinney-Vento
Homeless Assistance Act (42 U.S.C. 11360(1)). However, the income
provision at 42 U.S.C. 11360(1)(A) does not apply to the Tribal HUD-
VASH program. Instead, HUD is adopting the low-income eligibility
requirements in Section 4(14) of the Native American Housing Assistance
and Self-Determination Act of 1996 (NAHASDA). Accordingly, a veteran
will be eligible for this program if he or she otherwise meets the
definition of ``Homeless'' or ``At Risk of Homelessness,'' and is a
low-income Indian, as defined in NAHASDA (i.e., has an income that is
no more than 80 percent of area median income for the Indian area as
determined by HUD).\1\
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\1\ Wherever the phrase ``Homeless veteran'' appears in this
Notice, it will also include veterans who are At Risk of
Homelessness unless explicitly stated otherwise.
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Privately-owned housing--Privately-owned housing is any unit not
directly

[[Page 23712]]

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 (see 81 FR
87948).
Project-Based Rental Assistance (PBRA)--Rental housing assistance
tied to a specific housing unit or units. The housing assistance stays
with the unit or units and any household living in the unit must meet
program requirements. If the household moves out of the subsidized
unit, they no longer receive rental housing assistance.
Tenant-Based Rental Assistance (TBRA)--Rental housing assistance
tied to a specific household. The eligible applicant selects and rents
a unit (whether private or TDHE-owned) that meets program requirements,
and the tribe or TDHE makes rent subsidy payments on behalf of the
household. The assistance stays with the household; if the household
moves to a different unit that meets program qualifications, the tribe
or TDHE makes rental payments to the owner of the new unit on the
household's behalf.

III. General Program Requirements

HUD consolidates all program requirements of Tribal HUD-VASH with
the publication of this Notice. Any future changes to program
requirements will be outlined in future Federal Register Notices issued
by HUD. In accordance with the 2015 Appropriations Act, this Notice
includes appropriate adjustments to program requirements through the
issuance of statutory and regulatory waivers that HUD has deemed
necessary for the effective delivery and administration of rental
assistance under the program. Generally, rental assistance under this
program is subject to all requirements of NAHASDA that are applicable
to rental assistance funded under the Indian Housing Block Grant (IHBG)
program. This includes the NAHASDA statute (25 U.S.C. 4101 et seq.),
all IHBG program regulations in 24 CFR part 1000, and all other Federal
laws and regulations applicable to the IHBG program. To the extent that
program requirements in this Notice differ from any provision in
NAHASDA and 24 CFR part 1000, and any other statute or regulation that
HUD administers, with the exception of any Federal civil rights and
fair housing laws and requirements, the terms of this Notice will
govern.
Housing assistance under this program is made available by grants
to tribes and TDHEs that are eligible to receive IHBG funding under
NAHASDA. Tribes request Tenant-Based and/or Project-Based Rental
Assistance by the number of bedrooms in a rental unit. Grants are
awarded based on the number rental units (Tenant-Based and Project-
Based Rental Assistance) approved by HUD. Grants include an additional
amount for administrative costs, which will be described in more detail
later in this Notice. Grant funding is awarded based on 12 months of
funding. Participating tribes/TDHEs draw down funds from the HUD Line
of Credit Control System (LOCCS) on a monthly basis to cover rental
assistance payments.
Eligible Homeless veterans receive case management services through
the Department of Veterans Affairs. A tribe/TDHE works with the local
VAMC to determine how Case Management will be delivered to Native
American veterans. VA may provide these services directly through the
local VAMC, or through a CBOC. Alternatively, the VA may engage in a
contractual relationship with a tribal healthcare provider or the
Indian Health Service (IHS) for service delivery. A tribe/TDHE may
partner with VA to provide office space within the tribal area for the
VA caseworker to operate. Additionally, VA, in coordination with the
tribe/TDHE may partner with IHS to provide space for VA case management
activities at an IHS facility. Locations for the provision of case
management must comply with accessibility requirements as referenced in
24 CFR 1000.12(b).
Native American veterans participating in this program are housed
based on a Housing First approach, where Homeless veterans are provided
housing assistance and then offered the supportive services that may be
needed to foster long-term stability and prevent a return to
Homelessness. This approach assumes that supportive services are more
effective when the individual or household is housed, and the daily
stress of being Homeless is relieved. Key components of the Housing
First model include a simple application process for participating
veterans, a harm reduction approach from VA, and no conditions of
tenancy beyond those included in the lease and the requirements in this
Notice. Housing First specifically does not require sobriety or testing
for substance abuse to obtain or sustain tenancy, and thus must not be
required in the lease. More information on Housing First is available
at: http://usich.gov/usich_resources/fact_sheets/the_housing_first_checklist_a_practical_tool_for_assessing_housing_first_in.

IV. Allocation of Assistance

The 2015 Appropriations Act authorized HUD to set aside an amount
from the HUD-VASH program for a tribal demonstration program. HUD
originally awarded $5.9 million in funding to 26 tribes/TDHEs, to
support approximately 600 rental housing units and associated
administrative fees for Tribal HUD-VASH.
Pursuant to the 2015 Appropriations Act, awards under this program
were based on need, administrative capacity, and other factors that HUD
specifies in this Notice after coordination with the VA. The method of
allocating assistance under this program was developed through a
collaborative effort among VA and HUD's Offices of Public and Indian
Housing, Policy Development and Research, and Community Planning and
Development. HUD also considered all comments and suggestions made by
Indian tribes during the tribal consultation process. Responding to
tribal comments, HUD explored the possibility of allocating funding
through a tribal competition. However, HUD determined the best method
for allocation under the demonstration program was to follow as closely
as possible the existing parameters for the standard HUD-VASH program.
HUD is open to reconsidering a competitive process at a later date, if
additional funding is received for a Tribal HUD-VASH program.
To identify potential Tribal HUD-VASH sites, HUD used a combination
of VA data and data from the American Community Survey (ACS). First,
HUD and VA identified VAMCs serving high populations of Homeless Native
American veterans. To ensure geographic distribution, HUD selected the
top two VAMCs with the highest Homeless Native American population in
each of the six ONAP regions. HUD then identified the tribes within
these VAMC ``catchment'' or operating areas. Using VA data showing the
number of Native American veterans by tribal areas, HUD then
prioritized tribes based on the presence of the greatest number of
veterans and cross referenced this list with ACS data. In some
instances, tribes with large populations of Native American veterans
were outside of the VAMC catchment area. When this occurred, HUD added
the tribe (and local VAMC) for consideration in that ONAP region. VA
allocated funding for the equivalent of up to 30 professional, full-
time Tribal HUD-VASH case managers, which may be used to directly hire
VA staff or enter into a contractual relationship with a tribe or IHS
facility. Each case manager has the

[[Page 23713]]

capacity to serve between 15-25 Native American veterans. Case managers
are assigned to VAMCs based on the overall level of need and capacity
in each ONAP region.
Tribes/TDHEs selected in each ONAP region were invited to apply for
Tribal HUD-VASH shortly after publication of the October 21, 2015
Notice. Tribes/TDHEs were required to submit a Tribal HUD-VASH
application and if any declined to participate or did not need its full
allocation, HUD invited the next highest tribe within an ONAP region
ranked by need and capacity. A tribe/TDHE that participated in the
Tribal HUD-VASH program must partner with its VAMC.
In general, tribes were awarded grants equal to an amount that
funds rental assistance payments for between 15-25 rental housing
units, which is equal to the capacity of one Tribal HUD-VASH case
manager. If there were other tribes in the area with eligible veterans
who could be served by the same case manager, the tribe invited to
apply could either sub-grant to another entity or directly serve Tribal
HUD-VASH recipients from the other tribe. Should the tribe sub-grant to
another entity, HUD strongly encouraged the tribe invited to ensure
that the sub-recipient had sufficient capacity and was in good standing
with HUD. The lead tribe would only be eligible for one grant award,
not to exceed 25 units of assistance. If there were situations where a
tribe/TDHE had a need to serve fewer than 15 Native American veterans,
and VA determined there is the capacity within its existing HUD VASH
staff to assist Native American veterans, the tribe/TDHE may be awarded
fewer than 15 units of assistance.
The grant award was based on the number of units requested by a
tribe/TDHE, the rents established by the tribe, and a per-unit
administrative fee. Once awarded, a tribe/TDHE may provide assistance
to additional Native American veterans if there are funds remaining
from the initial grant, and the VA is able to provide Case Management
support at no additional cost.

V. Application and Submission Information

HUD consolidates and restates previously issued application and
submission guidance for Tribal HUD-VASH with the publication of this
Notice. Any future changes to application and submission guidelines
will be outlined in any future Federal Register or Public and Indian
Housing (PIH) Notices issued by HUD.

A. Application Receipt Deadline

Subject to the availability of appropriations, applicants for this
program should submit applications in accordance with the requirements
outlined in any future Federal Register or PIH Notices issued by HUD.

B. Eligible Applicants

Eligible applicants are Indian tribes as defined in section 4(13)
of NAHASDA or TDHEs authorized by one or more tribes pursuant to
section 4(22) of NAHASDA and 24 CFR 1000.206 and invited by HUD to
apply for Tribal HUD-VASH per the allocation method described under
Section IV of this Notice.

C. Content of Application, Forms, and Required Elements

The applicant must submit all forms and information required in
this section and in accordance with any future Notices issued by HUD.
1. Contact Information: Tribe/TDHE and point of contact; mailing
address; phone number; and email address; including name, title, and
signature of person authorized to submit the application.
2. Other Identifying Information: Employer/taxpayer identification
number (EIN/TIN) and organizational DUNS number.
3. System for Award Management (SAM): Evidence of active, valid SAM
registration.
4. Units of Assistance Requested: Provide the estimated total
number of rental housing units that the Indian tribe or TDHE plans to
provide to Native American veterans with assistance under this program,
and whether the assistance will be Tenant-Based Rental Assistance,
Project-Based Rental Assistance, or a combination of both. Provide a
table detailing the estimated number of units requested by the number
of bedrooms and the corresponding rent, as well as a written
justification for the rent structure (see Section VI. H. Rent). If the
applicant seeks both Tenant-Based and Project-Based Assistance, provide
separate tables. FMRs can be found at www.huduser.org/portal/datasets/fmr.html.

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Rental Assistance Requested by Number of Bedrooms: (total number) Type of Assistance: (Tenant-Based or Project-Based Rental Assistance)
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0-BR 1-BR 2-BR 3-BR 4-BR 5-BR 6-BR Total #
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Estimated Rent for Area by Number of Bedrooms
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0-BR 1-BR 2-BR 3-BR 4-BR 5-BR 6-BR Total $

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5. Tenant-Based Rental Assistance vs. Project-Based Rental
Assistance:
In the Tribal HUD-VASH application, the tribe/TDHE must determine
if the rental housing assistance provided under the program will be
Tenant-Based Rental Assistance and/or Project-Based Rental Assistance.
After receiving the grant, a tribe/TDHE may make a determination to
convert from one type of rental assistance to the other for any
unutilized grant funds. If the switch is from Tenant-Based to Project-
Based Rental Assistance, then the tribe/TDHE must comply with paragraph
C.5.b below, and submit the Project-Based Rental Assistance information
requested below in paragraph C.7 for HUD approval prior to the actual
switch.
a. Tenant-Based Rental Assistance: A tribe/THDE may apply for a
grant under this program to provide Tenant-Based Rental Assistance to
Native American veterans. The tribe/TDHE will either assist the Native
American veteran in locating privately-owned housing and enter into a
contract with the owner of the housing, or provide housing in a unit
that is owned or operated by the tribe/TDHE. Tenant-Based Rental
Assistance will be subject to requirements further described in this
Notice.
b. Project-Based Rental Assistance: A tribe/THDE may apply for a
grant under this program to provide Project-Based Rental Assistance to
Native American veterans. To be considered for Project-Based Rental
Assistance, a tribe/TDHE's

[[Page 23714]]

IHBG LOCCS balance cannot exceed three times its most current FY grant,
unless the tribe received an IHBG that was less than $75,000 in that
year.
The tribe/TDHE will provide a monthly rental assistance payment for
a specific housing unit in which an eligible Native American veteran
will reside. The housing unit will be specifically designated as a unit
that is available for Native American veterans eligible under this
program. Project-Based Rental Assistance may be provided to privately-
owned housing with a contract with the owner of the housing, or a unit
that is owned or operated by the tribe/TDHE. Project-Based Rental
Assistance will be subject to requirements further described in this
Notice.
6. Project-Based Rental Assistance Submission: If requesting funds
for Project-Based Rental Assistance, also provide the following
information:
a. The number of units and the type of structure to which the
assistance units will be attached.
b. The ownership of the project and evidence of site control.
c. If a tribe/TDHE proposes to use its grant to provide rental
assistance payments for rental housing units not yet constructed or
rehabilitated, provide:
i. A project timeline, including the length of time the Tribal HUD-
VASH assistance would not be used while waiting for the units to be
completed (projects with timeframes longer than 2 years until
completion will not be approved);
ii. A detailed budget for the project including all sources and
uses of funding; and
iii. Evidence showing experience of the tribe/TDHE in developing
new housing.
7. Tribal Resolution: If an application is submitted by a TDHE on
behalf of an Indian tribe(s), a tribal resolution(s) must be submitted
authorizing the TDHE to submit the application under this program.
8. Mitigation Plan: Per the 2015 Appropriations Act, HUD must
consider administrative capacity before making awards. HUD will examine
a range of capacity indicators, including outstanding financial audits;
unresolved HUD monitoring findings, Office of Inspector General (OIG)
findings or audit findings; unresolved outstanding civil rights
violations, high unexpended grant balances; and overall administrative
capacity to administer a new program. If the invitation requires an
applicant to submit a mitigation plan as a precondition to receiving an
award due to capacity concerns identified by HUD, the applicant must
submit the mitigation plan with the application. The mitigation plan
must be approved by HUD before funds will be awarded.
9. Disclosure of Lobbying Activities (SFLLL): This form must be
submitted by State-recognized Indian tribes and TDHEs established only
under state law.
10. Code of Conduct: If the applicant's Code of Conduct (code) is
not listed on HUD's website at: https://www.hud.gov/program_offices/spm/gmomgmt/grantsinfo/conduct or if the information on the website has
changed, a copy of the code must be submitted with the application.
11. Community Involvement: The applicant is encouraged to involve
the community in developing and implementing the Tribal HUD-VASH
program. Please include a description of actions taken to allow for
citizen participation.

D. Application Review Procedures

HUD will review each application and will respond to each
application within 30 days of receipt or in accordance with the
requirements outlined in future Notices issued by HUD. Upon HUD's
approval of the application, a Tribal HUD-VASH grant will be awarded to
a tribe/TDHE. HUD will issue a grant agreement to be signed by the
tribe/TDHE and will disburse funds through the HUD LOCCS system.

VI. Tribal HUD-VASH Program Requirements, Waivers, and Alternative
Requirements

The 2015 Appropriations Act requires tribes and TDHEs that receive
funding under Tribal HUD-VASH to administer the program in accordance
with NAHASDA and the IHBG regulations at 24 CFR part 1000, except as
modified in this Notice. The program requirements for the HCV program
found at 24 CFR part 982 and the project-based voucher (PBV) program
requirements found at 24 CFR part 983 do not apply unless specifically
made applicable by this Notice. The following Notices also do not apply
to Tribal HUD-VASH: PIH 2015-11, PIH 2014-23, PIH 2011-50 PIH-2010-40,
and 77 FR 17086. In addition, the 2015 Appropriations Act authorizes
HUD, in coordination with the VA, to waive, or specify alternative
requirements for, any provision of any statute or regulation (except
for requirements related to fair housing, nondiscrimination, labor
standards, and the environment), that HUD administers in connection
with the use of these funds, upon a finding by HUD that any such
waivers or alternative requirements are necessary for the effective
delivery and administration of assistance under this program. This
section of the Notice sets forth requirements for Tribal HUD-VASH that
replace or augment those in NAHASDA, and that HUD determined are
necessary for the effective delivery and administration of Tribal HUD-
VASH. These waivers or alternative requirements are exceptions to the
existing IHBG program requirements, which would otherwise govern the
provision of Tribal HUD-VASH assistance.

A. Native American Veteran Selection and Referral

Native American veterans first will be screened by the VA in
accordance with VA screening procedures and by applying the eligibility
criteria in section VI, paragraph B. Native American veterans
determined by the VA to be eligible for the program will be referred to
the tribe/TDHE for additional screening based on the eligibility
requirements also listed in paragraph B., below. Native American
veterans determined eligible for assistance under this program will
then be provided with rental assistance. A tribe/TDHE may not provide
rental assistance under this program unless it receives a referral from
the VA and the referred Native American veteran meets the eligibility
criteria for housing assistance as described in paragraph B., below.

B. Native American Veteran Eligibility

1. VA Screening: The VA determines the initial eligibility of
Native American veterans in the Tribal HUD-VASH program. VA screens for
the following program eligibility requirements:
a. Eligible for VA health care (based on factors such as length of
time in active duty, service, and type of discharge as noted on the
Native American veteran's Certificate of Release or Discharge from
Active Duty (DD-214)). More information on veteran status and VA
eligibility health care eligibility criteria can be found at http://www.va.gov/about_va/ (Benefits, ``Applying for Benefits'').
b. A determination of Homeless or At Risk of Homelessness in
accordance with this Notice.
c. A clinical need for Case Management services (e.g., a disabling
physical or mental condition, or substance use that contributes
significantly to the Native American veteran's housing status), as
determined by VA.
d. The Native American veteran's agreement to participate in VA
Case Management.

[[Page 23715]]

2. VA will prioritize eligible Native American veterans based on
their level of need for Case Management. Those veterans with the
greatest need for Case Management will be the first to be referred to a
participating tribe/TDHE for rental assistance.
3. For the purposes of this program, eligibility status for housing
does not extend to a deceased veteran's family.
4. Tribe/TDHE Screening: The tribe/TDHE must accept all VA
referrals of Native American veterans and their families from its VA
partner and screen for the following eligibility requirements:
a. A determination that the veteran is ``Indian'' as defined in
section 4(10) of NAHASDA.
b. A determination that the Native American veteran is income-
eligible. 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. Tribes/TDHEs will be subject to the same
definition of ``annual income'' as in 24 CFR 1000.10. Tribes may follow
their existing IHBG policies on calculating income in compliance with
24 CFR 1000.10, or they may establish new policies specific to the
Tribal HUD-VASH program. Native American veterans may qualify for
assistance under this program if they meet the income eligibility
requirements in this Notice at the time they enter the Tribal HUD-VASH
program. HUD is adopting the definitions of Homeless and At Risk of
Homelessness that are in the McKinney-Vento Act, but the income
requirements of McKinney-Vento do not apply to this program. Tribes and
TDHEs may not provide assistance under this program to any over-income
Native American veteran that would otherwise be deemed eligible under
the over-income or essential family categories in Sections 201(b)(2)
and (3) of NAHASDA, unless the household met the income requirements at
the time that they entered the program. To ensure that those Homeless
and At Risk of Homeless Native American veterans with the greatest
housing need will be first served by this program, HUD has found it
necessary to waive of Sections 201(b)(2) and (3) of NAHASDA, and
regulations at 24 CFR 1000.104-1000.110, to limit eligibility to Native
American veterans whose income is no more than 80 percent of area
median income for the Indian area.
c. A determination that the veteran is not registered as a lifetime
sex offender. HUD is establishing the following alternative
requirements to section 207(b) of NAHASDA, and 24 CFR 1000.120 relating
to tenant selection. HUD is applying the screening requirements similar
to 24 CFR 982.553(a)(2) relating to registered lifetime sex offenders.
Tribes/TDHEs are required to establish written standards that prohibit
admission if the veteran or any member of the household is subject to a
lifetime registration requirement (Tier III offense) under any state
sex offender registration program. As part of the eligibility screening
process, a tribe/TDHE must perform a background check to see if the
referred veteran or any household member is subject to a lifetime sex
offender registration requirement in the state where the housing is
located and in other states where the household members are known to
have resided. If a household member other than the Homeless or At Risk
of Homelessness veteran (which would result in denial of admission for
the household) is subject to lifetime registration under a state sex
offender registration, the remaining household members may be served if
the veteran agrees to remove the sex offender from its household
composition. This requirement is necessary to ensure consistent policy
across HUD-VASH programs relating to providing assistance to registered
sex-offenders.
d. 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.
5. Written documentation of all referrals and eligibility screening
must be maintained in the veteran's file by the tribe/TDHE.

C. Awarding Housing Assistance to an Eligible Veteran

Once the tribe/TDHE performs all the activities listed above and
the Native American veteran is deemed eligible, the tribe must offer
rental housing assistance provided by this program to the participant.
Tenant-Based Rental Assistance must be provided with an initial search
term of 120 days from the date such assistance is offered. Project-
Based Rental Assistance must be offered in the form of the next
available project-based unit.
To ensure consistency with the standard HUD-VASH program and to
serve the maximum number of Native American veterans in need of housing
stability, tribes/TDHEs will not be allowed to deny assistance to an
otherwise eligible Native American veteran who has been referred by the
case manager on any grounds other than preferences based on tribal
membership in accordance with the tribe/TDHE's written admissions and
occupancy policies. Where a tribe/TDHE has adopted a tribal preference
policy on admissions and occupancy that provides that the tribe/TDHE
will provide assistance to a tribal member before members of other
Indian tribes, the tribe/TDHE may prioritize assistance under this
program to tribal members. If a tribe/TDHE has remaining grant funds
after serving its tribal members veterans, it must serve other referred
Native American veterans that are members of other Indian tribes until
all grant funds under this program have been fully spent and may not
refuse to provide such assistance. Tribes/TDHEs may adopt a tribal
preference policy specifically for this program. Tribes/TDHEs may not
deny admission to a referred and eligible Native American veteran
because of any factors or reasons, other than tribal preference, such
as criminal history (aside from sex offender status) or substance
abuse.

D. Record Keeping at Initial Occupancy

In addition to maintaining records of referral and eligibility
determination as required in paragraph B.5. above, a tribe/TDHE must
also collect, keep on file, and report, additional household
demographic, personal (including social security numbers), and rental
information using a HUD-50058 form revised for the Tribal HUD-VASH
program. This information also is required to be reported through an
electronic reporting system as prescribed by HUD. See ONAP Program
Guidance, ``Record Keeping at Initial Occupancy'' (No. 2016-05) for
further guidance on required record keeping.
At initial occupancy, tribes/TDHEs will need to collect Social
Security numbers (SSNs) for Homeless or At Risk of Homelessness
veterans and their household members. This information must be
maintained in the veteran's physical file. An original document issued
by a federal, state, or tribal government agency, which contains the
name of the individual and the SSN of the individual along with other
identifying information, is acceptable in accordance with the standards
in 24 CFR 5.216(g). In the case of the Homeless or At Risk of
Homelessness veteran, the tribe/TDHE must accept the Certificate of
Release or Discharge from Active Duty (DD-214) or the VA-verified
Application for Health Benefits (10-

[[Page 23716]]

10EZ) as verification of SSN, and cannot require the veteran to provide
a SSN card. These documents must also be accepted for proof-of-age
purposes in lieu of birth certificates or other tribe/TDHE-required
documentation. Please note that veterans are also issued photo
identification cards by the VA. If such identification is required by
the tribe/TDHE, these cards must be accepted by the tribe/TDHE in lieu
of another type of government-issued photo identification.

E. Case Management

As part of the VA Case Management duties, the veteran's case
manager will assist the veteran in locating appropriate housing for the
veteran. VA responsibilities for Case Management also include (1)
providing appropriate treatment, referrals, and supportive services to
the veteran, if needed, prior to tribe/TDHE issuance of rental
assistance; (2) identifying the social service and medical concerns of
the veteran and providing, or ensuring the provision of, regular
ongoing Case Management, outpatient health services, crisis
intervention, and other supportive services as needed throughout the
veteran's participation period; and (3) maintaining records and
providing information for evaluation purposes, as required by HUD and
the VA.
As a condition of receiving rental assistance under this program,
an eligible veteran must agree to receive the Case Management services
noted above. If a Tribal HUD-VASH case manager determines that a
veteran fails to participate without good cause in Case Management, the
participant's rental assistance may be terminated. However, a
determination by the case manager that the participant veteran no
longer requires Case Management is not grounds for termination of
assistance.

F. Local Housing Codes and Quality Standards

Once a unit is located or ready to be occupied by a veteran, the
tribe/TDHE must make a determination that the unit meets applicable
local housing codes and quality standards in accordance with section
207(a) (2) of NAHASDA.

G. Ineligible Housing

Under the 2015 Appropriations Act, assistance under this program is
limited to Native American veterans that are Homeless or At Risk of
Homelessness living on or near a reservation or other Indian areas.
Accordingly, tribes/TDHEs participating in this program must house
Native American veterans either on or near reservations, or within
NAHASDA-authorized Indian areas, with the exception of units developed
to house Homeless veterans on the grounds of a VA facility.
Assistance under this program may not be provided to Native
American veterans who will be residing in a housing unit that qualifies
as Formula Current Assisted Stock under the IHBG program. Refer to the
ONAP Program Guidance, ``IHBG in the Tribal HUD-VASH Program'' (No.
2018-01) for more information.

H. Rent

1. Due to the limited availability of housing stock on or near
reservations or in NAHASDA Indian Areas that is not developed, or has
been otherwise assisted, with NAHASDA funding, HUD has found it
necessary to establish alterative requirements regarding the maximum
rent for a unit assisted under NAHASDA. These alternative requirements
affect sections 203(a) of NAHASDA, and regulations at 24 CFR 1000.124,
and 1000.130, which limit the maximum rent that can be charged to 30
percent of a household's adjusted monthly income. The alternative
requirement allows a tribe/TDHE to determine rents by bedroom size
based on the local FMR, market conditions and/or unit operating costs.
Tribes/TDHEs must submit a justification as to how rent is determined
in their program application. For both, housing units owned or operated
by the tribe/TDHE, and privately-owned units, rents may not exceed 110
percent of FMR. If a tribe/TDHE deems it necessary to charge more than
110 percent of FMR (or to place a veteran in a privately-owned unit
with a rent that exceeds 110 percent of FMR), it must obtain HUD's
prior approval to do so. For example, a tribe/TDHE may find it
necessary to request such approval in order to address a request for a
reasonable accommodation for a person with disabilities or in instances
where rental market conditions render it difficult to find rent at 110
percent of FMR. HUD encourages tribes/TDHEs to establish rents at a
level that is less than 110 percent of the FMR, particularly in housing
that is owned or operated by the tribe/TDHE, to allow more Native
American veterans to receive assistance. These alternative requirements
do not apply to any other HUD-assisted housing that may be subject to
other rent restrictions.
2. Bedroom size must be determined based 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 recipient 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
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.

I. Tenant Rent Contribution Payment

Eligible Native American veterans and their families will be
required to make a monthly tenant rent contribution payment that is no
more than 30 percent of their monthly adjusted income (as defined in
NAHASDA and implementing regulations). The tribe/TDHE will pay the
difference between the rent and the tenant rent contribution payment.
Consistent with 24 CFR 1000.132, the tribe/TDHE may determine if
utilities are included in the rent for the unit. The tribe/TDHE may
also make this determination when negotiating rental assistance payment
contracts with private owners of housing. Tribes/TDHEs may establish a
tenant rent contribution payment amount for a Native American veteran
that is less than 30 percent of monthly adjusted income. IHBG funds may
be used to cover any additional costs related to housing Native
American veterans and their families under this program.

J. Rental Assistance Payment Contract

A tribe/TDHE must enter into a contract with the owner of the
privately-owned rental housing units in which

[[Page 23717]]

the Native American veteran will reside. The contract will govern
rental assistance provided under this program to the owner by the
tribe/TDHE. Specific terms and conditions will be required. See ONAP
Program Guidance, ``Rental Assistance Payment (RAP) Contract
Requirements'' (No. 2016-04R) for further guidance on the required
contract contents.

K. Program Income

HUD has found it necessary to establish alternative requirements to
section 104(a) of NAHASDA, and 24 CFR 1000.62-1000.64, relating to
program income received by the tribe/TDHE under this program to ensure
program funds continue to be used to provide affordable housing to low-
income Native American families. Amounts paid to the tribe/TDHE to
cover the rental assistance payment of Native American veterans and
their families in tribe/TDHE-owned or operated housing; tenant rent
contribution payments collected under this program; and any other
income earned from the disbursement of grant funds, including income
earned on funds received from such payments; will be considered program
income, and must be spent on affordable housing activities, which will
be subject to the requirements of NAHASDA and any other applicable
Federal law. Notwithstanding Section 104(a) of NAHASDA, and 24 CFR
1000.62-1000.64, such income may not be spent on housing-related
activities, as that term is defined in 24 CFR 1000.10. HUD strongly
encourages tribes/TDHEs to use this program income to further provide
affordable housing assistance to Homeless or At Risk of Homelessness
Native American veterans eligible under this program first, before
providing assistance to other low-income Native American families.
Additionally, all such amounts must be tracked and reported in the
Federal Financial Report (SF-425) to ensure compliance with this
requirement.

L. Environmental Review

In accordance with the environmental requirements in 24 CFR
1000.20, the tribe/TDHE may not enter into a project-based rental
assistance contract or lease before completion of an environmental
review and either HUD approval of a Request for Release of Funds under
24 CFR part 58 or HUD approval of the property under 24 CFR part 50.
However, in accordance with 24 CFR 50.19(b)(11) and 24 CFR 58.35(b)(1),
tenant-based rental assistance is excluded from environmental review.

M. Administrative Fee and Reserve Accounts

HUD has found it necessary to establish alternative requirements to
section 101(h) of NAHASDA, and 24 CFR 1000.236-1000.239 to ensure that
administrative fees received under this program can pay for, and are
limited to, administrative and planning expenses related to this
program. Tribes/TDHEs participating in the program will receive a flat
administrative fee of $1,020 per unit, for a 12-month period, which can
also be used for start-up funding. These funds will be included as part
of the grant issued under this program.
A tribe/TDHE may use up to this amount for eligible administrative
and planning expenses related only to this Tribal HUD-VASH program.
These funds may not be used to pay for administrative and planning
expenses related to the tribe/TDHE's IHBG program or any other program.
If, after covering all administrative Tribal HUD-VASH expenses, there
is a residual administrative fee amount, these funds may be used to
provide additional rental assistance to Native American veterans and
their families under Tribal HUD-VASH.
Eligible administrative expenses include but are not limited to:
(1) Eligibility determinations; (2) intake and briefings; (3) owner
outreach efforts; (4) unit inspections; (5) rent negotiations; (6)
annual and interim reexaminations; (7) tenant fraud investigations and
hearings; (8) processing subsequent moves; (9) the costs associated
with making rental assistance payments to owners; and (10) complying
with reporting requirements.
HUD is waiving section 202(9) of NAHASDA and 24 CFR 1000.239
relating to reserve accounts established to accumulate amounts for
administration and planning. Given the need to ensure the timely
expenditure of funds under this program, and the limited scope of this
demonstration program, tribes/TDHEs may not draw down funds under this
program and deposit them in a reserve account to accumulate amounts for
administration and planning.

N. Interim and Annual Reexaminations

HUD has established alternative requirements to 24 CFR 1000.128(b)
relating to income reexamination requirements. HUD has found it
necessary to require interim reexaminations if a Native American
veteran's household income decreases so that the rental assistance
payment may increase to cover the cost of rent. Further, if the program
is given renewal authority, it will be necessary to conduct annual
reexaminations to capture annual fluctuations in income and rent as
well as track demographic data necessary for the reporting requirements
of the program.
Tribes/TDHEs must conduct an interim reexamination if the Native
American veteran's income decreases between annual certifications. If
there have been any changes in income, rent, or household composition
they must be reported using the relevant sections of the HUD-50058
Form. A paper copy of this information must be kept in the veteran's
file and be transmitted electronically to HUD at the time of the
interim reexamination.
In the event of renewal funding for the program, the tribes/TDHEs
must conduct an annual reexamination of the Native American veteran and
the household's income to determine rental assistance payments and
tenant rent contribution payments. Annual reexaminations must also
collect and update household demographic, personal and rental
information reported on the Tribal Family Report (HUD-50058 form). A
paper copy of this information must be kept in the veteran's file and
an electronic version of this information must be sent to HUD. Rental
information reported during the annual recertification will be used to
calculate renewal funding.
If, upon annual reexamination, a Native American veteran or his/her
household is determined to be over-income, the tribe can continue to
serve the Native American veteran/household and not have it count
towards its 10 percent over-income cap under 24 CFR 1000.110(c). If the
Native American veteran/household's adjusted rent contribution payment,
based on the income increase, is equal to the rent for the unit, then
the Tribal HUD-VASH rental assistance is no longer needed and this
assistance must be used on the next eligible Native American veteran.
In this instance, the over-income Native American veteran can continue
to receive Case Management services from the VA for as long as the VA
deems the care necessary.

O. Reporting Requirements

As required by Congress, tribes/TDHEs must submit demographic and
financial information generated by the Tribal HUD-VASH program. Grant
funds received under this program must be reported annually in a tribe/
TDHE's Indian Housing Plan and Annual Performance Report. Information
on grant funds and program income received under this program also must
be reported quarterly on the Federal

[[Page 23718]]

Financial Report (SF-425). Tribes and TDHEs must fill out relevant
demographic and rental information on the HUD Form 50058 and keep a
physical record of this form. Additionally, tribes/TDHEs will be
required to transmit data from this form electronically on a monthly,
quarterly, or annual basis via a method provided by HUD. HUD encourages
tribes to make effective use of evidence in identifying or selecting
the practices and strategies for implementing HUD VASH. All tribes and
TDHEs must agree to cooperate in HUD-funded research and evaluation
studies.

P. Turnover of Tribal HUD-VASH Assistance

In accordance with the 2015 Appropriations Act, if the Tribal HUD-
VASH rental assistance is no longer needed by a Native American
veteran, this assistance must be issued to other eligible Native
American veterans as identified by a case manager and as described
further in this Notice.

Q. Termination of Assistance to Native American Veterans

Participating tribes and TDHEs must comply with requirements of
section 207 of NAHASDA on termination of assistance. In addition,
before determining whether to terminate assistance, tribes and TDHEs
must contact the case manager to determine if ongoing Case Management
services could mitigate the conditions that are leading to a potential
termination. Participating tribes and TDHEs are subject to Section 504
of the Rehabilitation Act and HUD's regulation at 24 CFR part 8, which
would include providing reasonable accommodations to individuals with
disabilities throughout the termination process.

R. Renewal Funding

Renewal funding under the Tribal HUD-VASH program is subject to the
availability of future appropriations. If appropriated, the process by
which existing Tribal HUD-VASH recipients may seek renewal funding will
be published annually in a PIH Notice. HUD will award renewal funds
based on the criteria specified in the appropriation language and
requirements issued in this Notice. If funding is not available, then
tribes/TDHEs should use their best efforts to allocate IHBG funds to
support Homeless or At Risk of Homelessness Native American veterans
and their families that are currently being assisted through Tribal
HUD-VASH programs.

S. Investment of Grant Funds

HUD is waiving section 204(b) of NAHASDA and 24 CFR 1000.58
relating to the investment of grant funds. Given the need to ensure the
timely expenditure of funds under this program, and the limited scope
of this demonstration program, tribes/TDHEs may not draw down funds
under this program to invest in securities or other obligations.

T. Reduction and Termination of HUD-VASH Grant Funds, Appeal of HUD
Determinations, and Reallocation of Grant Funds

Because of the urgent housing needs of Native American veterans and
their families, the relatively limited amount of funding under this
program, the limited scope of this demonstration program, and the need
to ensure the timely expenditure of funding, HUD finds it necessary for
the effective delivery and administration of assistance under this
program to waive Title IV of NAHASDA, and all implementing regulations
at 24 CFR part 1000 as they relate to termination, reduction and
limitation of assistance, and reallocation of such assistance to other
tribes/TDHEs under this program. HUD is establishing alternative
requirements to Title IV of NAHASDA, and relevant implementing
regulations 24 CFR part 1000.
To ensure compliance with program requirements, HUD will conduct
remote and on-site monitoring, as appropriate. After HUD has provided
sufficient warning and time to cure, HUD may find it necessary to
terminate, reduce, or limit the availability of the grant to a tribe/
TDHE for poor performance or substantial noncompliance with program
requirements. Poor performance, as determined by HUD may include
actions outside of the tribe/TDHE's responsibility such as lack of
adequate referrals or poor quality of supportive services provided by a
contracted case management entity, or other reasons. Poor performance
also includes an inadequate voucher utilization rate by the tribe or
TDHE. Substantial noncompliance with program requirements is
noncompliance that HUD determines: (1) Has a material effect on the
tribe/TDHE's Tribal HUD-VASH program; (2) represents a material pattern
or practice of activities constituting willful noncompliance with
program requirements, even if a single instance of noncompliance would
not be substantial; or (3) places the tribe/TDHE's Tribal HUD-VASH
program at substantial risk of fraud, waste, or abuse. HUD may also
terminate or reduce grant funds in situations where a tribe/TDHE is not
carrying out activities due to a lack of Homeless Native veterans who
need housing, or the recipient's failure to comply with its mitigation
plan.
If, after expiration of any applicable cure period, HUD determines
that a tribe/TDHE lacks Homeless Native veterans who need housing, is
performing poorly, or is in substantial noncompliance with program
requirements, HUD will provide written Notice to the tribe/TDHE
informing it of HUD's decision to terminate, reduce, or limit the
availability of the grant. If the tribe/TDHE disagrees with HUD's
determination, it may appeal that decision in writing to HUD within 30
days of receipt of HUD's written Notice. In such appeal, the tribe/TDHE
must demonstrate to HUD's satisfaction good cause to maintain its grant
under this program, including and, as applicable, demonstrate how it
will cure its noncompliance or improve its poor performance, within a
time period deemed acceptable by HUD. In situations where HUD
determines a tribe/TDHE is not carrying out activities due to a lack of
Homeless Native veterans, the tribe/TDHE must demonstrate to HUD's
satisfaction the level of Homeless Native veteran housing need that
corresponds to the assistance the tribe/TDHE is currently receiving. If
HUD denies the tribe/TDHE's appeal, it will provide written Notice of
the denial and its reason for the denial. The tribe/TDHE will have 30
days from the date of receipt of HUD's written Notice of denial to
submit a written request for reconsideration to HUD setting forth
justification for reconsideration. HUD will reconsider the tribe/TDHE's
submission and either affirm, modify, or reverse its initial decision
in writing and will set forth HUD's reasons for the decision.
Reconsideration will be conducted by an official other than the one who
decided the tribe/TDHE's appeal. If HUD affirms its initial decision on
reconsideration, HUD's decision will constitute final agency action.
HUD will not take any action to terminate, reduce, or limit a tribe/
TDHE's assistance until the tribe/TDHE has exhausted all of its appeal
and reconsideration rights.
If, after receiving Notice informing it of HUD's decision to
terminate, reduce, or limit the availability of assistance, the tribe/
TDHE fails to submit a timely appeal or request for reconsideration,
fails to demonstrate to HUD's satisfaction good cause to maintain its
grant funds under this program, or fails to cure its noncompliance or
poor performance within the time specified

[[Page 23719]]

by HUD, HUD is authorized to terminate, reduce, or limit the
availability of the tribe/TDHE's grant funds under this program. HUD
may use its discretion to reallocate the grant funds resulting from
such reduction or termination, to any other tribe/TDHE that is in
compliance with program requirements and is not deemed to be a poor
performer, and that still has a need to house Homeless Native veterans.
Grant funds may be reallocated among tribe/TDHEs within the same ONAP
region, or among tribes/TDHEs in different ONAP regions, based on
administrative capacity, the utilization of previously awarded Tribal
HUD-VASH assistance, and current geographic need as determined by the
VA and HUD.
To the extent that any provision of Title VI of NAHASDA or any
implementing regulation at 24 CFR part 1000 conflicts with the appeal
process described above including, but not limited to, the opportunity
for an administrative hearing, the provisions of this Notice will
apply.

U. Nondiscrimination Requirements

The Tribal HUD-VASH program is administered in accordance with
applicable civil rights and fair housing laws and requirements. Tribes/
TDHEs shall be subject to all nondiscrimination requirements that are
applicable under NAHASDA and the IHBG regulations at 24 CFR part 1000
and in particular 24 CFR 1000.12

V. Electronic Submission Requirement

For the demonstration program, HUD waived the requirement to submit
applications for grant funding through www.grants.gov, as required in
24 CFR 5.1005. Considering the statutory deadline to publish the
October 21, 2015 Notice and begin the process of awarding funding, and
the limited amount of available funds under this program, HUD
determined that allowing the submission of paper applications was less
burdensome and allowed HUD to make awards in a timelier manner. Subject
to the availability of appropriations, applicants for this program
should submit applications in accordance with the requirements outlined
in any future Federal Register or Public and Indian Housing (PIH)
Notices issued by HUD.

VII. Environmental Impact

A Finding of No Significant Impact with respect to the environment
has been made in accordance with HUD regulations at 24 CFR part 50,
which implement section 102(2)(C) of the National Environmental Policy
Act of 1969 (42 U.S.C. 4332(2)(C)). The Finding of No Significant
Impact is available for public inspection during regular business hours
in the Regulations Division, Office of General Counsel, Department of
Housing and Urban Development, 451 7th Street SW, Room 10276,
Washington, DC 20410-0500. Due to security measures at the HUD
Headquarters building, please schedule an appointment to review the
Finding by calling the Regulations Division at 202-402-3055 (this is
not a toll-free number). Individuals with speech or hearing impairments
may access this number via TTY by calling the Federal Relay Service at
(800) 877-8339.

Dated: May 10, 2018.
Dominique Blom,
General Deputy Assistant Secretary for Public and Indian Housing.
[FR Doc. 2018-10909 Filed 5-21-18; 8:45 am]
BILLING CODE 4210-67-P

23712 Federal Register / Vol. 83, No. 99 / Tuesday, May 22, 2018 / Notices

owned by the Tribal HUD–VASH receive IHBG funding under IV. Allocation of Assistance
grantee. Accordingly, in situations NAHASDA. Tribes request Tenant- The 2015 Appropriations Act
where the TDHE is the Tribal HUD– Based and/or Project-Based Rental authorized HUD to set aside an amount
VASH grantee, but the unit is owned by Assistance by the number of bedrooms from the HUD–VASH program for a
another tribal organization (such as the in a rental unit. Grants are awarded tribal demonstration program. HUD
tribe), the unit would be considered based on the number rental units originally awarded $5.9 million in
privately-owned for purposes of this (Tenant-Based and Project-Based Rental funding to 26 tribes/TDHEs, to support
program (see 81 FR 87948). Assistance) approved by HUD. Grants approximately 600 rental housing units
Project-Based Rental Assistance include an additional amount for and associated administrative fees for
(PBRA)—Rental housing assistance tied administrative costs, which will be Tribal HUD–VASH.
to a specific housing unit or units. The described in more detail later in this Pursuant to the 2015 Appropriations
housing assistance stays with the unit or Notice. Grant funding is awarded based Act, awards under this program were
units and any household living in the on 12 months of funding. Participating based on need, administrative capacity,
unit must meet program requirements. If tribes/TDHEs draw down funds from and other factors that HUD specifies in
the household moves out of the the HUD Line of Credit Control System this Notice after coordination with the
subsidized unit, they no longer receive (LOCCS) on a monthly basis to cover VA. The method of allocating assistance
rental housing assistance. rental assistance payments.
Tenant-Based Rental Assistance under this program was developed
(TBRA)—Rental housing assistance tied Eligible Homeless veterans receive through a collaborative effort among VA
to a specific household. The eligible case management services through the and HUD’s Offices of Public and Indian
applicant selects and rents a unit Department of Veterans Affairs. A tribe/ Housing, Policy Development and
(whether private or TDHE-owned) that TDHE works with the local VAMC to Research, and Community Planning and
meets program requirements, and the determine how Case Management will Development. HUD also considered all
tribe or TDHE makes rent subsidy be delivered to Native American comments and suggestions made by
payments on behalf of the household. veterans. VA may provide these services Indian tribes during the tribal
The assistance stays with the directly through the local VAMC, or consultation process. Responding to
household; if the household moves to a through a CBOC. Alternatively, the VA tribal comments, HUD explored the
different unit that meets program may engage in a contractual relationship possibility of allocating funding through
qualifications, the tribe or TDHE makes with a tribal healthcare provider or the a tribal competition. However, HUD
rental payments to the owner of the new Indian Health Service (IHS) for service determined the best method for
unit on the household’s behalf. delivery. A tribe/TDHE may partner allocation under the demonstration
with VA to provide office space within program was to follow as closely as
III. General Program Requirements possible the existing parameters for the
the tribal area for the VA caseworker to
HUD consolidates all program operate. Additionally, VA, in standard HUD–VASH program. HUD is
requirements of Tribal HUD–VASH with coordination with the tribe/TDHE may open to reconsidering a competitive
the publication of this Notice. Any partner with IHS to provide space for process at a later date, if additional
future changes to program requirements VA case management activities at an funding is received for a Tribal HUD–
will be outlined in future Federal IHS facility. Locations for the provision VASH program.
Register Notices issued by HUD. In To identify potential Tribal HUD–
of case management must comply with
accordance with the 2015 VASH sites, HUD used a combination of
accessibility requirements as referenced
Appropriations Act, this Notice VA data and data from the American
in 24 CFR 1000.12(b).
includes appropriate adjustments to Community Survey (ACS). First, HUD
program requirements through the Native American veterans and VA identified VAMCs serving high
issuance of statutory and regulatory participating in this program are housed populations of Homeless Native
waivers that HUD has deemed necessary based on a Housing First approach, American veterans. To ensure
for the effective delivery and where Homeless veterans are provided geographic distribution, HUD selected
administration of rental assistance housing assistance and then offered the the top two VAMCs with the highest
under the program. Generally, rental supportive services that may be needed Homeless Native American population
assistance under this program is subject to foster long-term stability and prevent in each of the six ONAP regions. HUD
to all requirements of NAHASDA that a return to Homelessness. This approach then identified the tribes within these
are applicable to rental assistance assumes that supportive services are VAMC ‘‘catchment’’ or operating areas.
funded under the Indian Housing Block more effective when the individual or Using VA data showing the number of
Grant (IHBG) program. This includes the household is housed, and the daily Native American veterans by tribal
NAHASDA statute (25 U.S.C. 4101 et stress of being Homeless is relieved. Key areas, HUD then prioritized tribes based
seq.), all IHBG program regulations in components of the Housing First model on the presence of the greatest number
24 CFR part 1000, and all other Federal include a simple application process for of veterans and cross referenced this list
laws and regulations applicable to the participating veterans, a harm reduction with ACS data. In some instances, tribes
IHBG program. To the extent that approach from VA, and no conditions of with large populations of Native
program requirements in this Notice tenancy beyond those included in the American veterans were outside of the
differ from any provision in NAHASDA lease and the requirements in this VAMC catchment area. When this
and 24 CFR part 1000, and any other Notice. Housing First specifically does occurred, HUD added the tribe (and
statute or regulation that HUD not require sobriety or testing for local VAMC) for consideration in that
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administers, with the exception of any substance abuse to obtain or sustain ONAP region. VA allocated funding for
Federal civil rights and fair housing tenancy, and thus must not be required the equivalent of up to 30 professional,
laws and requirements, the terms of this in the lease. More information on full-time Tribal HUD–VASH case
Notice will govern. Housing First is available at: http:// managers, which may be used to
Housing assistance under this usich.gov/usich_resources/fact_sheets/ directly hire VA staff or enter into a
program is made available by grants to the_housing_first_checklist_a_practical_ contractual relationship with a tribe or
tribes and TDHEs that are eligible to tool_for_assessing_housing_first_in. IHS facility. Each case manager has the

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Federal Register / Vol. 83, No. 99 / Tuesday, May 22, 2018 / Notices 23713

capacity to serve between 15–25 Native VASH staff to assist Native American described under Section IV of this
American veterans. Case managers are veterans, the tribe/TDHE may be Notice.
assigned to VAMCs based on the overall awarded fewer than 15 units of
C. Content of Application, Forms, and
level of need and capacity in each assistance.
The grant award was based on the Required Elements
ONAP region.
Tribes/TDHEs selected in each ONAP number of units requested by a tribe/ The applicant must submit all forms
region were invited to apply for Tribal TDHE, the rents established by the tribe, and information required in this section
HUD–VASH shortly after publication of and a per-unit administrative fee. Once and in accordance with any future
the October 21, 2015 Notice. Tribes/ awarded, a tribe/TDHE may provide Notices issued by HUD.
TDHEs were required to submit a Tribal assistance to additional Native 1. Contact Information: Tribe/TDHE
HUD–VASH application and if any American veterans if there are funds and point of contact; mailing address;
declined to participate or did not need remaining from the initial grant, and the phone number; and email address;
its full allocation, HUD invited the next VA is able to provide Case Management including name, title, and signature of
highest tribe within an ONAP region support at no additional cost. person authorized to submit the
ranked by need and capacity. A tribe/ V. Application and Submission application.
TDHE that participated in the Tribal Information 2. Other Identifying Information:
HUD–VASH program must partner with Employer/taxpayer identification
its VAMC. HUD consolidates and restates number (EIN/TIN) and organizational
previously issued application and DUNS number.
In general, tribes were awarded grants
submission guidance for Tribal HUD–
equal to an amount that funds rental 3. System for Award Management
VASH with the publication of this
assistance payments for between 15–25 (SAM): Evidence of active, valid SAM
Notice. Any future changes to
rental housing units, which is equal to registration.
application and submission guidelines
the capacity of one Tribal HUD–VASH 4. Units of Assistance Requested:
will be outlined in any future Federal
case manager. If there were other tribes Provide the estimated total number of
Register or Public and Indian Housing
in the area with eligible veterans who rental housing units that the Indian tribe
(PIH) Notices issued by HUD.
could be served by the same case or TDHE plans to provide to Native
manager, the tribe invited to apply A. Application Receipt Deadline American veterans with assistance
could either sub-grant to another entity Subject to the availability of under this program, and whether the
or directly serve Tribal HUD–VASH appropriations, applicants for this assistance will be Tenant-Based Rental
recipients from the other tribe. Should program should submit applications in Assistance, Project-Based Rental
the tribe sub-grant to another entity, accordance with the requirements Assistance, or a combination of both.
HUD strongly encouraged the tribe outlined in any future Federal Register Provide a table detailing the estimated
invited to ensure that the sub-recipient or PIH Notices issued by HUD. number of units requested by the
had sufficient capacity and was in good number of bedrooms and the
standing with HUD. The lead tribe B. Eligible Applicants corresponding rent, as well as a written
would only be eligible for one grant Eligible applicants are Indian tribes as justification for the rent structure (see
award, not to exceed 25 units of defined in section 4(13) of NAHASDA Section VI. H. Rent). If the applicant
assistance. If there were situations or TDHEs authorized by one or more seeks both Tenant-Based and Project-
where a tribe/TDHE had a need to serve tribes pursuant to section 4(22) of Based Assistance, provide separate
fewer than 15 Native American NAHASDA and 24 CFR 1000.206 and tables. FMRs can be found at
veterans, and VA determined there is invited by HUD to apply for Tribal www.huduser.org/portal/datasets/
the capacity within its existing HUD HUD–VASH per the allocation method fmr.html.

Rental Assistance Requested by Number of Bedrooms: (total number)
Type of Assistance: (Tenant-Based or Project-Based Rental Assistance)

0–BR 1–BR 2–BR 3–BR 4–BR 5–BR 6–BR Total #

Estimated Rent for Area by Number of Bedrooms

0–BR 1–BR 2–BR 3–BR 4–BR 5–BR 6–BR Total $

5. Tenant-Based Rental Assistance vs. Rental Assistance, then the tribe/TDHE enter into a contract with the owner of
Project-Based Rental Assistance: must comply with paragraph C.5.b the housing, or provide housing in a
In the Tribal HUD–VASH application, below, and submit the Project-Based unit that is owned or operated by the
the tribe/TDHE must determine if the Rental Assistance information requested tribe/TDHE. Tenant-Based Rental
rental housing assistance provided below in paragraph C.7 for HUD Assistance will be subject to
under the program will be Tenant-Based approval prior to the actual switch. requirements further described in this
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Rental Assistance and/or Project-Based a. Tenant-Based Rental Assistance: A Notice.
Rental Assistance. After receiving the tribe/THDE may apply for a grant under b. Project-Based Rental Assistance: A
grant, a tribe/TDHE may make a this program to provide Tenant-Based tribe/THDE may apply for a grant under
determination to convert from one type Rental Assistance to Native American this program to provide Project-Based
of rental assistance to the other for any veterans. The tribe/TDHE will either Rental Assistance to Native American
unutilized grant funds. If the switch is assist the Native American veteran in veterans. To be considered for Project-
from Tenant-Based to Project-Based locating privately-owned housing and Based Rental Assistance, a tribe/TDHE’s

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23714 Federal Register / Vol. 83, No. 99 / Tuesday, May 22, 2018 / Notices

IHBG LOCCS balance cannot exceed HUD, the applicant must submit the assistance under this program. This
three times its most current FY grant, mitigation plan with the application. section of the Notice sets forth
unless the tribe received an IHBG that The mitigation plan must be approved requirements for Tribal HUD–VASH
was less than $75,000 in that year. by HUD before funds will be awarded. that replace or augment those in
The tribe/TDHE will provide a 9. Disclosure of Lobbying Activities NAHASDA, and that HUD determined
monthly rental assistance payment for a (SFLLL): This form must be submitted are necessary for the effective delivery
specific housing unit in which an by State-recognized Indian tribes and and administration of Tribal HUD–
eligible Native American veteran will TDHEs established only under state law. VASH. These waivers or alternative
reside. The housing unit will be 10. Code of Conduct: If the applicant’s requirements are exceptions to the
specifically designated as a unit that is Code of Conduct (code) is not listed on existing IHBG program requirements,
available for Native American veterans HUD’s website at: https://www.hud.gov/ which would otherwise govern the
eligible under this program. Project- program_offices/spm/gmomgmt/ provision of Tribal HUD–VASH
Based Rental Assistance may be grantsinfo/conduct or if the information assistance.
provided to privately-owned housing on the website has changed, a copy of
with a contract with the owner of the the code must be submitted with the A. Native American Veteran Selection
housing, or a unit that is owned or application. and Referral
operated by the tribe/TDHE. Project- 11. Community Involvement: The Native American veterans first will be
Based Rental Assistance will be subject applicant is encouraged to involve the screened by the VA in accordance with
to requirements further described in this community in developing and VA screening procedures and by
Notice. implementing the Tribal HUD–VASH applying the eligibility criteria in
6. Project-Based Rental Assistance program. Please include a description of section VI, paragraph B. Native
Submission: If requesting funds for actions taken to allow for citizen American veterans determined by the
Project-Based Rental Assistance, also participation. VA to be eligible for the program will
provide the following information: D. Application Review Procedures be referred to the tribe/TDHE for
a. The number of units and the type additional screening based on the
of structure to which the assistance HUD will review each application and
will respond to each application within eligibility requirements also listed in
units will be attached. paragraph B., below. Native American
b. The ownership of the project and 30 days of receipt or in accordance with
the requirements outlined in future veterans determined eligible for
evidence of site control. assistance under this program will then
c. If a tribe/TDHE proposes to use its Notices issued by HUD. Upon HUD’s
approval of the application, a Tribal be provided with rental assistance. A
grant to provide rental assistance tribe/TDHE may not provide rental
payments for rental housing units not HUD–VASH grant will be awarded to a
tribe/TDHE. HUD will issue a grant assistance under this program unless it
yet constructed or rehabilitated, receives a referral from the VA and the
provide: agreement to be signed by the tribe/
TDHE and will disburse funds through referred Native American veteran meets
i. A project timeline, including the the eligibility criteria for housing
length of time the Tribal HUD–VASH the HUD LOCCS system.
assistance as described in paragraph B.,
assistance would not be used while VI. Tribal HUD–VASH Program below.
waiting for the units to be completed Requirements, Waivers, and
(projects with timeframes longer than 2 Alternative Requirements B. Native American Veteran Eligibility
years until completion will not be 1. VA Screening: The VA determines
approved); The 2015 Appropriations Act requires
tribes and TDHEs that receive funding the initial eligibility of Native American
ii. A detailed budget for the project
under Tribal HUD–VASH to administer veterans in the Tribal HUD–VASH
including all sources and uses of
the program in accordance with program. VA screens for the following
funding; and
iii. Evidence showing experience of NAHASDA and the IHBG regulations at program eligibility requirements:
the tribe/TDHE in developing new 24 CFR part 1000, except as modified in a. Eligible for VA health care (based
housing. this Notice. The program requirements on factors such as length of time in
7. Tribal Resolution: If an application for the HCV program found at 24 CFR active duty, service, and type of
is submitted by a TDHE on behalf of an part 982 and the project-based voucher discharge as noted on the Native
Indian tribe(s), a tribal resolution(s) (PBV) program requirements found at 24 American veteran’s Certificate of
must be submitted authorizing the CFR part 983 do not apply unless Release or Discharge from Active Duty
TDHE to submit the application under specifically made applicable by this (DD–214)). More information on veteran
this program. Notice. The following Notices also do status and VA eligibility health care
8. Mitigation Plan: Per the 2015 not apply to Tribal HUD–VASH: PIH eligibility criteria can be found at http://
Appropriations Act, HUD must consider 2015–11, PIH 2014–23, PIH 2011–50 www.va.gov/about_va/ (Benefits,
administrative capacity before making PIH–2010–40, and 77 FR 17086. In ‘‘Applying for Benefits’’).
awards. HUD will examine a range of addition, the 2015 Appropriations Act b. A determination of Homeless or At
capacity indicators, including authorizes HUD, in coordination with Risk of Homelessness in accordance
outstanding financial audits; unresolved the VA, to waive, or specify alternative with this Notice.
HUD monitoring findings, Office of requirements for, any provision of any c. A clinical need for Case
Inspector General (OIG) findings or statute or regulation (except for Management services (e.g., a disabling
audit findings; unresolved outstanding requirements related to fair housing, physical or mental condition, or
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civil rights violations, high unexpended nondiscrimination, labor standards, and substance use that contributes
grant balances; and overall the environment), that HUD administers significantly to the Native American
administrative capacity to administer a in connection with the use of these veteran’s housing status), as determined
new program. If the invitation requires funds, upon a finding by HUD that any by VA.
an applicant to submit a mitigation plan such waivers or alternative d. The Native American veteran’s
as a precondition to receiving an award requirements are necessary for the agreement to participate in VA Case
due to capacity concerns identified by effective delivery and administration of Management.

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Federal Register / Vol. 83, No. 99 / Tuesday, May 22, 2018 / Notices 23717

the Native American veteran will reside. M. Administrative Fee and Reserve authority, it will be necessary to
The contract will govern rental Accounts conduct annual reexaminations to
assistance provided under this program HUD has found it necessary to capture annual fluctuations in income
to the owner by the tribe/TDHE. establish alternative requirements to and rent as well as track demographic
Specific terms and conditions will be section 101(h) of NAHASDA, and 24 data necessary for the reporting
required. See ONAP Program Guidance, CFR 1000.236–1000.239 to ensure that requirements of the program.
‘‘Rental Assistance Payment (RAP) Tribes/TDHEs must conduct an
administrative fees received under this
Contract Requirements’’ (No. 2016–04R) interim reexamination if the Native
program can pay for, and are limited to,
for further guidance on the required American veteran’s income decreases
administrative and planning expenses
contract contents. between annual certifications. If there
related to this program. Tribes/TDHEs have been any changes in income, rent,
K. Program Income participating in the program will receive or household composition they must be
a flat administrative fee of $1,020 per reported using the relevant sections of
HUD has found it necessary to unit, for a 12-month period, which can
establish alternative requirements to the HUD–50058 Form. A paper copy of
also be used for start-up funding. These this information must be kept in the
section 104(a) of NAHASDA, and 24 funds will be included as part of the
CFR 1000.62–1000.64, relating to veteran’s file and be transmitted
grant issued under this program. electronically to HUD at the time of the
program income received by the tribe/ A tribe/TDHE may use up to this
TDHE under this program to ensure interim reexamination.
amount for eligible administrative and In the event of renewal funding for
program funds continue to be used to planning expenses related only to this
provide affordable housing to low- the program, the tribes/TDHEs must
Tribal HUD–VASH program. These conduct an annual reexamination of the
income Native American families. funds may not be used to pay for Native American veteran and the
Amounts paid to the tribe/TDHE to administrative and planning expenses household’s income to determine rental
cover the rental assistance payment of related to the tribe/TDHE’s IHBG assistance payments and tenant rent
Native American veterans and their program or any other program. If, after contribution payments. Annual
families in tribe/TDHE-owned or covering all administrative Tribal HUD– reexaminations must also collect and
operated housing; tenant rent VASH expenses, there is a residual update household demographic,
contribution payments collected under administrative fee amount, these funds personal and rental information
this program; and any other income may be used to provide additional rental reported on the Tribal Family Report
earned from the disbursement of grant assistance to Native American veterans (HUD–50058 form). A paper copy of this
funds, including income earned on and their families under Tribal HUD– information must be kept in the
funds received from such payments; VASH. veteran’s file and an electronic version
will be considered program income, and Eligible administrative expenses of this information must be sent to HUD.
must be spent on affordable housing include but are not limited to: (1) Rental information reported during the
activities, which will be subject to the Eligibility determinations; (2) intake and annual recertification will be used to
requirements of NAHASDA and any briefings; (3) owner outreach efforts; (4) calculate renewal funding.
other applicable Federal law. unit inspections; (5) rent negotiations; If, upon annual reexamination, a
Notwithstanding Section 104(a) of (6) annual and interim reexaminations; Native American veteran or his/her
NAHASDA, and 24 CFR 1000.62– (7) tenant fraud investigations and household is determined to be over-
1000.64, such income may not be spent hearings; (8) processing subsequent income, the tribe can continue to serve
on housing-related activities, as that moves; (9) the costs associated with the Native American veteran/household
term is defined in 24 CFR 1000.10. HUD making rental assistance payments to and not have it count towards its 10
strongly encourages tribes/TDHEs to use owners; and (10) complying with percent over-income cap under 24 CFR
this program income to further provide reporting requirements. 1000.110(c). If the Native American
affordable housing assistance to HUD is waiving section 202(9) of veteran/household’s adjusted rent
Homeless or At Risk of Homelessness NAHASDA and 24 CFR 1000.239 contribution payment, based on the
Native American veterans eligible under relating to reserve accounts established income increase, is equal to the rent for
this program first, before providing to accumulate amounts for the unit, then the Tribal HUD–VASH
assistance to other low-income Native administration and planning. Given the rental assistance is no longer needed
American families. Additionally, all need to ensure the timely expenditure of and this assistance must be used on the
such amounts must be tracked and funds under this program, and the next eligible Native American veteran.
reported in the Federal Financial Report limited scope of this demonstration In this instance, the over-income Native
(SF–425) to ensure compliance with this program, tribes/TDHEs may not draw American veteran can continue to
requirement. down funds under this program and receive Case Management services from
L. Environmental Review deposit them in a reserve account to the VA for as long as the VA deems the
accumulate amounts for administration care necessary.
In accordance with the environmental and planning.
requirements in 24 CFR 1000.20, the O. Reporting Requirements
tribe/TDHE may not enter into a project- N. Interim and Annual Reexaminations As required by Congress, tribes/
based rental assistance contract or lease HUD has established alternative TDHEs must submit demographic and
before completion of an environmental requirements to 24 CFR 1000.128(b) financial information generated by the
review and either HUD approval of a relating to income reexamination Tribal HUD–VASH program. Grant
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Request for Release of Funds under 24 requirements. HUD has found it funds received under this program must
CFR part 58 or HUD approval of the necessary to require interim be reported annually in a tribe/TDHE’s
property under 24 CFR part 50. reexaminations if a Native American Indian Housing Plan and Annual
However, in accordance with 24 CFR veteran’s household income decreases Performance Report. Information on
50.19(b)(11) and 24 CFR 58.35(b)(1), so that the rental assistance payment grant funds and program income
tenant-based rental assistance is may increase to cover the cost of rent. received under this program also must
excluded from environmental review. Further, if the program is given renewal be reported quarterly on the Federal

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23718 Federal Register / Vol. 83, No. 99 / Tuesday, May 22, 2018 / Notices

Financial Report (SF–425). Tribes and S. Investment of Grant Funds reduce grant funds in situations where
TDHEs must fill out relevant HUD is waiving section 204(b) of a tribe/TDHE is not carrying out
demographic and rental information on NAHASDA and 24 CFR 1000.58 relating activities due to a lack of Homeless
the HUD Form 50058 and keep a to the investment of grant funds. Given Native veterans who need housing, or
physical record of this form. the need to ensure the timely the recipient’s failure to comply with its
Additionally, tribes/TDHEs will be expenditure of funds under this mitigation plan.
required to transmit data from this form If, after expiration of any applicable
program, and the limited scope of this
electronically on a monthly, quarterly, cure period, HUD determines that a
demonstration program, tribes/TDHEs
or annual basis via a method provided tribe/TDHE lacks Homeless Native
may not draw down funds under this
by HUD. HUD encourages tribes to make veterans who need housing, is
program to invest in securities or other
effective use of evidence in identifying performing poorly, or is in substantial
obligations.
or selecting the practices and strategies noncompliance with program
for implementing HUD VASH. All tribes T. Reduction and Termination of HUD– requirements, HUD will provide written
and TDHEs must agree to cooperate in VASH Grant Funds, Appeal of HUD Notice to the tribe/TDHE informing it of
HUD-funded research and evaluation Determinations, and Reallocation of HUD’s decision to terminate, reduce, or
studies. Grant Funds limit the availability of the grant. If the
tribe/TDHE disagrees with HUD’s
Because of the urgent housing needs
P. Turnover of Tribal HUD–VASH determination, it may appeal that
of Native American veterans and their
Assistance decision in writing to HUD within 30
families, the relatively limited amount
days of receipt of HUD’s written Notice.
In accordance with the 2015 of funding under this program, the
In such appeal, the tribe/TDHE must
Appropriations Act, if the Tribal HUD– limited scope of this demonstration
demonstrate to HUD’s satisfaction good
VASH rental assistance is no longer program, and the need to ensure the
cause to maintain its grant under this
needed by a Native American veteran, timely expenditure of funding, HUD
program, including and, as applicable,
this assistance must be issued to other finds it necessary for the effective
demonstrate how it will cure its
eligible Native American veterans as delivery and administration of noncompliance or improve its poor
identified by a case manager and as assistance under this program to waive performance, within a time period
described further in this Notice. Title IV of NAHASDA, and all deemed acceptable by HUD. In
implementing regulations at 24 CFR part situations where HUD determines a
Q. Termination of Assistance to Native 1000 as they relate to termination, tribe/TDHE is not carrying out activities
American Veterans reduction and limitation of assistance, due to a lack of Homeless Native
and reallocation of such assistance to veterans, the tribe/TDHE must
Participating tribes and TDHEs must other tribes/TDHEs under this program.
comply with requirements of section demonstrate to HUD’s satisfaction the
HUD is establishing alternative level of Homeless Native veteran
207 of NAHASDA on termination of requirements to Title IV of NAHASDA,
assistance. In addition, before housing need that corresponds to the
and relevant implementing regulations assistance the tribe/TDHE is currently
determining whether to terminate 24 CFR part 1000.
assistance, tribes and TDHEs must receiving. If HUD denies the tribe/
To ensure compliance with program TDHE’s appeal, it will provide written
contact the case manager to determine if requirements, HUD will conduct remote
ongoing Case Management services Notice of the denial and its reason for
and on-site monitoring, as appropriate. the denial. The tribe/TDHE will have 30
could mitigate the conditions that are After HUD has provided sufficient
leading to a potential termination. days from the date of receipt of HUD’s
warning and time to cure, HUD may written Notice of denial to submit a
Participating tribes and TDHEs are find it necessary to terminate, reduce, or
subject to Section 504 of the written request for reconsideration to
limit the availability of the grant to a HUD setting forth justification for
Rehabilitation Act and HUD’s regulation tribe/TDHE for poor performance or
at 24 CFR part 8, which would include reconsideration. HUD will reconsider
substantial noncompliance with the tribe/TDHE’s submission and either
providing reasonable accommodations program requirements. Poor
to individuals with disabilities affirm, modify, or reverse its initial
performance, as determined by HUD decision in writing and will set forth
throughout the termination process. may include actions outside of the tribe/ HUD’s reasons for the decision.
R. Renewal Funding TDHE’s responsibility such as lack of Reconsideration will be conducted by
adequate referrals or poor quality of an official other than the one who
Renewal funding under the Tribal supportive services provided by a decided the tribe/TDHE’s appeal. If
HUD–VASH program is subject to the contracted case management entity, or HUD affirms its initial decision on
availability of future appropriations. If other reasons. Poor performance also reconsideration, HUD’s decision will
appropriated, the process by which includes an inadequate voucher constitute final agency action. HUD will
existing Tribal HUD–VASH recipients utilization rate by the tribe or TDHE. not take any action to terminate, reduce,
may seek renewal funding will be Substantial noncompliance with or limit a tribe/TDHE’s assistance until
published annually in a PIH Notice. program requirements is noncompliance the tribe/TDHE has exhausted all of its
HUD will award renewal funds based on that HUD determines: (1) Has a material appeal and reconsideration rights.
the criteria specified in the effect on the tribe/TDHE’s Tribal HUD– If, after receiving Notice informing it
appropriation language and VASH program; (2) represents a material of HUD’s decision to terminate, reduce,
requirements issued in this Notice. If pattern or practice of activities or limit the availability of assistance, the
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funding is not available, then tribes/ constituting willful noncompliance with tribe/TDHE fails to submit a timely
TDHEs should use their best efforts to program requirements, even if a single appeal or request for reconsideration,
allocate IHBG funds to support instance of noncompliance would not fails to demonstrate to HUD’s
Homeless or At Risk of Homelessness be substantial; or (3) places the tribe/ satisfaction good cause to maintain its
Native American veterans and their TDHE’s Tribal HUD–VASH program at grant funds under this program, or fails
families that are currently being assisted substantial risk of fraud, waste, or to cure its noncompliance or poor
through Tribal HUD–VASH programs. abuse. HUD may also terminate or performance within the time specified

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Federal Register / Vol. 83, No. 99 / Tuesday, May 22, 2018 / Notices 23719

by HUD, HUD is authorized to 1969 (42 U.S.C. 4332(2)(C)). The number through TTY by calling the toll-
terminate, reduce, or limit the Finding of No Significant Impact is free Federal Relay Service at (800) 877–
availability of the tribe/TDHE’s grant available for public inspection during 8339.
funds under this program. HUD may use regular business hours in the FOR FURTHER INFORMATION CONTACT:
its discretion to reallocate the grant Regulations Division, Office of General Virginia F. Holman, Housing Specialist,
funds resulting from such reduction or Counsel, Department of Housing and U.S. Department of Housing and Urban
termination, to any other tribe/TDHE Urban Development, 451 7th Street SW, Development, Office of Housing
that is in compliance with program Room 10276, Washington, DC 20410– Counseling, Office of Outreach and
requirements and is not deemed to be a 0500. Due to security measures at the Capacity Building, 600 East Broad
poor performer, and that still has a need HUD Headquarters building, please Street, Richmond, VA 23219,
to house Homeless Native veterans. schedule an appointment to review the virginia.f.holman@hud.gov, telephone
Grant funds may be reallocated among Finding by calling the Regulations number (804) 822–4911. This is not a
tribe/TDHEs within the same ONAP Division at 202–402–3055 (this is not a toll-free number. Persons with hearing
region, or among tribes/TDHEs in toll-free number). Individuals with or speech impairments may access this
different ONAP regions, based on speech or hearing impairments may number through TTY by calling the toll-
administrative capacity, the utilization access this number via TTY by calling free Federal Relay Service at (800) 877–
of previously awarded Tribal HUD– the Federal Relay Service at (800) 877– 8339. Copies of available documents
VASH assistance, and current 8339. submitted to OMB may be obtained
geographic need as determined by the Dated: May 10, 2018. from Ms. Pollard.
VA and HUD. Dominique Blom,
To the extent that any provision of SUPPLEMENTARY INFORMATION: This
General Deputy Assistant Secretary for Public notice informs the public that HUD is
Title VI of NAHASDA or any and Indian Housing.
implementing regulation at 24 CFR part seeking approval from OMB for the
[FR Doc. 2018–10909 Filed 5–21–18; 8:45 am] information collection described in
1000 conflicts with the appeal process
described above including, but not
BILLING CODE 4210–67–P Section A.
limited to, the opportunity for an A. Overview of Information Collection
administrative hearing, the provisions of DEPARTMENT OF HOUSING AND
this Notice will apply. Title of Information Collection:
URBAN DEVELOPMENT Survey to Assess Operational and
U. Nondiscrimination Requirements [Docket No. FR–7005–N–10] Capacity Status of Housing Counseling
The Tribal HUD–VASH program is Agencies after a Disaster.
administered in accordance with 60-Day Notice of Proposed Information OMB Approval Number: 2502–0615.
applicable civil rights and fair housing Collection: Survey to Assess Type of Request: New.
laws and requirements. Tribes/TDHEs Operational and Capacity Status of Form Number: None.
shall be subject to all nondiscrimination Housing Counseling Agencies after a Description of the need for the
requirements that are applicable under Disaster information and proposed use. Survey
NAHASDA and the IHBG regulations at AGENCY: Office of the Assistant to assess the operating and capacity
24 CFR part 1000 and in particular 24 Secretary for Housing- Federal Housing status of HUD participating housing
CFR 1000.12 Commissioner, HUD. counseling agencies in the aftermath of
V. Electronic Submission Requirement ACTION: Notice. major disasters. The information
collected will be used to identify and
For the demonstration program, HUD SUMMARY: HUD is seeking approval from provide recovery support and assistance
waived the requirement to submit the Office of Management and Budget to HUD participating housing
applications for grant funding through (OMB) for the information collection counseling agencies and their clients.
www.grants.gov, as required in 24 CFR described below. In accordance with the Respondents: HUD participating
5.1005. Considering the statutory Paperwork Reduction Act, HUD is housing counseling agencies.
deadline to publish the October 21, requesting comment from all interested Estimated Number of Respondents:
2015 Notice and begin the process of parties on the proposed collection of 100.
awarding funding, and the limited information. The purpose of this notice Estimated Number of Responses: 200.
amount of available funds under this is to allow for 60 days of public
program, HUD determined that allowing Frequency of Response: Twice after
comment. disaster declaration.
the submission of paper applications
DATES: Comments Due Date: July 23, Average Hours per Response: 0.5.
was less burdensome and allowed HUD
2018. Total Estimated Burden: 100.
to make awards in a timelier manner.
Subject to the availability of ADDRESSES: Interested persons are
B. Solicitation of Public Comment
appropriations, applicants for this invited to submit comments regarding
program should submit applications in this proposal. Comments should refer to This notice is soliciting comments
accordance with the requirements the proposal by name and/or OMB from members of the public and affected
outlined in any future Federal Register Control Number and should be sent to: parties concerning the collection of
or Public and Indian Housing (PIH) Colette Pollard, Reports Management information described in Section A on
Notices issued by HUD. Officer, QDAM, Department of Housing the following:
and Urban Development, 451 7th Street (1) Whether the proposed collection
amozie on DSK3GDR082PROD with NOTICES1

VII. Environmental Impact SW, Room 4176, Washington, DC of information is necessary for the
A Finding of No Significant Impact 20410–5000; telephone 202–402–3400 proper performance of the functions of
with respect to the environment has (this is not a toll-free number) or email the agency, including whether the
been made in accordance with HUD at Colette.Pollard@hud.gov for a copy of information will have practical utility;
regulations at 24 CFR part 50, which the proposed forms or other available (2) The accuracy of the agency’s
implement section 102(2)(C) of the information. Persons with hearing or estimate of the burden of the proposed
National Environmental Policy Act of speech impairments may access this collection of information;

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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.
Dates		Applicability Date: May 22, 2018.
Contact		Heidi J. Frechette, Deputy Assistant Secretary, Office of Native American Programs (ONAP), 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 Citation		83 FR 23710