Emergency Justification Lettter

U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
WASHINGTON, DC

20410-5000

OFFICE OF PUBLIC AND INDIAN HOUSING

July 9, 2018
Mr. Joe Nye
OMB Desk Officer
Office of Management and Budget
New Executive Office Building
Washington, DC 20503
Dear Mr. Nye:
The Department of Housing and Urban Development-Office of Native American
Programs (ONAP) is seeking authorization to pursue emergency processing procedures to meet
the Paperwork Reduction Act (PRA) requirements for a new source of competitive funding
awarded under the Native American Housing Block Grants (NAHBG) program. We believe that
emergency processing for the unexpected NAHBG competitive funds enables ONAP to meet its
essential mission of ensuring that safe, decent and affordable housing is available to Native
American families, thus fostering the creation of economic opportunities for tribal residents. If
approved, this new information collection would allow ONAP to publish its Notice of Funding
Availability (NOFA) by the end of the 2018 calendar year and begin collecting grant proposals
from eligible recipients.
In the “Consolidated Appropriations Act of 2018” (H.R. 1625-669), Congress provided
an additional amount of $100,000,000 for competitive grants to eligible recipients authorized
under the Native American Housing and Self-Determination Act of 1996 (25 U.S.C. 4111 et
seq.). The distribution of these funds is a Departmental priority. The immediate need for this
additional funding and the severe housing shortage in Indian Country is well documented in
HUD’s Native American Housing Needs Study which identifies substandard housing and
overcrowding living conditions at alarming levels. This influx of $100,000,000 is essential to
fostering much needed affordable housing-related projects for tribal communities. As such, the
Department’s goal is to solicit competitive proposals by the end of the calendar year so that
funds would be awarded in spring of 2019.
The Department believes that the competitive funding for NAHBG meets the emergency
processing criteria of 5 CFR §1320.13. The Department believes that the appropriations language
meets the “unanticipated event” criteria of 5 CFR §1320.13 because this additional funding
creates an entirely new competitive grant to supplement the traditional formula-based block grant
program of NAHASDA.
Furthermore, the Department believes that the information collection associated with this
competitive NOFA warrants emergency processing because following the regular PRA schedule
would impede both the intent of this additional appropriation and HUD’s goal to get funding to
Native American communities in an expedited manner. The “Consolidated Appropriations Act of
2018” also directs the Department to give priority to projects that will “spur construction and
rehabilitation for grantees” and the additional amount would “remain available until September

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30, 2022.” For example, construction projects in Indian County can take three to five years from
start to completion. Following an expedited emergency processing time frame would maximize
the limited period of availability given by Congress for recipients to implement projects as soon
as possible.
If approved, the Department will proceed with preparing an emergency processing
package. The package would include a Federal Register notice requesting a 21-day comment
period, form OMB-83i, supporting statement, and statutory provisions for the appropriation and
the NAHBG program. Finally, the Department will proceed with updating the currently approved
information collection under the NAHASDA block grant program to incorporate the competitive
projects. We would complete the normal OMB review process and post the 60-day and 30-day
Federal Register notices following the emergency Federal register notice.
Your prompt response to this request would be greatly appreciated. Thank you for your
consideration and assistance.

Sincerely,

for
Heidi J. Frechette
Deputy Assistant Secretary for
Native American Programs