GM 12-115

HUD Seeks Nominations to Negotiated Rulemaking Committee

The Department of Housing and Urban Development (HUD) published the attached FEDERAL REGISTER notice seeking nominations to the Negotiated Rulemaking Committee (Committee) that is charged with reviewing the Indian Housing Block Grant (IHBG) funding formula (24 CFR part 1000, subpart D), as required by the Native American Housing Assistance and Self-Determination Act (NAHASDA). Nominations must be submitted by November 19, 2012.

In a prior notice, HUD had announced its intent to initiate a rulemaking process regarding the IHBG funding formula including:

• definition and counting of Formula Current Assisted Stock (FCAS)
• how funds are allocated based on FCAS, including area variations, allocation based on “need” component
• formula area issues, including overlapping formula areas
• data sets to be used
• minimum funding levels
• challenging data or appealing HUD determinations regarding funding allocation amounts

The notice states that the Committee will be composed of approximately 25 members to include “representatives of the various interests that are potentially affected by the rulemaking” and federal representatives. Tribal representatives may include those from tribally designated housing entities and elected tribal officials. HUD will strive for a “geographically diverse cross-section of small, medium, and large Indian tribes.”

Nomination criteria and instructions are contained in the notice. Following review of nominations received, HUD will publish a list of proposed Committee membership, seek additional nominations if necessary and provide further information on the negotiated rulemaking process.

Please let us know if we may provide additional information regarding the application process to serve on the Negotiated Rulemaking Committee for reviewing the Indian Housing Block Grant funding formula or the IHBG generally.