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Eligibility of Mortgages on Hawaiian Home Lands Insured Under Section 247

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 [Federal Register: January 26, 2005 (Volume 70, Number 16)]
[Rules and Regulations]
[Page 3837-3838]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr26ja05-19]
[[Page 3838]]


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DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
24 CFR Part 203
[Docket No. FR-4779-F-02]
RIN 2502-AH92
 
Eligibility of Mortgages on Hawaiian Home Lands Insured Under Section 247

AGENCY: Office of the Assistant Secretary for Housing-Federal Housing 
Commissioner, HUD.
ACTION: Final rule.

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SUMMARY: This rule makes final a June 15, 2004, interim rule that 
amended regulations regarding eligibility for mortgages on Hawaiian 
home lands to reflect a statutory change to the National Housing Act. 
The June 15, 2004, interim rule solicited public comments. No comments 
were received by HUD on the interim rule. This final rule adopts the 
interim rule, therefore, without change.

DATES: Effective Date: February 25, 2005.

FOR FURTHER INFORMATION CONTACT: Vance T. Morris, Office of the Deputy 
Assistant Secretary for Single Family Housing, Department of Housing 
and Urban Development, 451 Seventh Street, SW., Washington, DC 20410-
8000; telephone (202) 708-2121 (this is not a toll-free number). 
Hearing- and speech-impaired persons may access this number through TTY 
by calling the toll free Federal Information Relay Service at 800-877-8339.

SUPPLEMENTARY INFORMATION: On June 15, 2004 (69 FR 33524), HUD 
published an interim rule that implemented section 215 of the 
Departments of Veterans Affairs and Housing and Urban Development, and 
Independent Agencies Appropriations Act, 2002 (Pub. L. 107-73, approved 
November 26, 2001) (FY2002 HUD Appropriations Act) that amended section 
247 of the National Housing Act (12 U.S.C. 1715z-12) relating to 
single-family insurance on Hawaiian home lands. Section 215 revised the 
definition of the terms ``Hawaiian home lands'' and ``native 
Hawaiian.'' Section 215 also changed the eligibility criterion for the 
receipt of a mortgage insured under section 247 of the National Housing 
Act.
    In accordance with the statutory amendment referenced above, the 
interim rule made the following regulatory revisions. The interim rule 
amended 24 CFR 203.43i(c)(2) to conform the regulatory definition of 
the term ``Hawaiian home lands'' to the revised definition of the term 
found in section 247(d)(2) of the National Housing Act. The rule also 
amended 24 CFR 203.43i(c)(3) to conform the definition of the term 
``native Hawaiian'' to the revised definition enacted by section 215 of 
the FY2002 HUD Appropriations Act. Additionally, the interim rule 
amended 24 CFR 203.43i(i) relating to eligibility requirements and 24 
CFR 203.43i(h) by eliminating the requirement for a certification when 
a leasehold is assumed.
    This final rule follows publication of the June 15, 2004, interim 
rule. As noted above, HUD received no comments on the interim rule. 
Accordingly, this final rule adopts the interim rule without change.

Findings and Certifications

Environmental Impact

    A Finding of No Significant Impact with respect to the environment 
for this rule was 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 remains available for public inspection between 8 
a.m. and 5 p.m. weekdays in the Regulations Division, Office of the 
General Counsel, Department of Housing and Urban Development, Room 
10276, 451 Seventh Street, SW., Washington, DC 20410-5000.

Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538) 
establishes requirements for federal agencies to assess the effects of 
their regulatory actions on state, local, and tribal governments and on 
the private sector. This rule does not impose a Federal mandate on any 
state, local, or tribal government, or on the private sector, within 
the meaning of the Unfunded Mandates Reform Act of 1995.

Regulatory Flexibility Act

    The Regulatory Flexibility Act (5 U.S.C. 601 et seq.) generally 
requires an agency to conduct a regulatory flexibility analysis of any 
rule subject to notice and comment rulemaking requirements unless the 
agency certifies that the rule will not have a significant economic 
impact on a substantial number of small entities. There are no anti-
competitive discriminatory aspects of the rule with regard to small 
entities, and there are no unusual procedures that will have to be 
complied with by small entities. This rule merely adopts as a final 
rule the interim rule that conformed the regulatory definition of the 
terms ``Hawaiian home lands'' and ``native Hawaiian'' and eligibility 
requirements to the statutory revision. The rule would also facilitate 
FHA insurance of mortgages on leaseholds held by native Hawaiians. As a 
result, this rule will not have a significant economic impact on a 
substantial number of small entities. Accordingly, the undersigned 
certifies that this rule will not have a significant economic impact on 
a substantial number of small entities.

Executive Order 13132, Federalism

    Executive Order 13132 (entitled ``Federalism'') prohibits an agency 
from publishing any rule that has federalism implications if the rule 
either imposes substantial direct compliance costs on state and local 
governments and is not required by statute, or the rule preempts state 
law, unless the agency meets the consultation and funding requirements 
of section 6 of the executive order. This rule does not have federalism 
implications and does not impose substantial direct compliance costs on 
state and local governments or preempt state law within the meaning of 
the executive order.

Catalog of Federal Domestic Assistance

    The Catalog of Federal Domestic Assistance number is 14.117.

List of Subjects in 24 CFR part 203

    Hawaiian Natives, Home improvement, Indian--lands, Loan programs--
housing and community development, Mortgage insurance, Reporting and 
recordkeeping requirements, solar energy.

? Accordingly, the interim rule amending 24 CFR part 203 that was 
published at 69 FR 33524 on June 15, 2004, is adopted as a final rule 
without change.

    Dated: January 11, 2005.
Sean Cassidy,
General Deputy, Assistant Secretary for Housing.
[FR Doc. 05-1252 Filed 1-25-05; 8:45 am]
BILLING CODE 4210-27-P

 
 

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