Proposed Rule2026-05994
Reducing Bureaucracy and Burden for Native American Programs
Primary source
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Published
March 27, 2026
Issuing agencies
Health and Human Services DepartmentChildren and Families Administration
Abstract
The Department of Health and Human Services, Administration for Children and Families proposes to amend the Native American Programs Act regulations (45 CFR part 1336) to eliminate unnecessary or obsolete regulations. The docket on https://www.regulations.gov will include a plain language summary of the NPRM as required by 5 U.S.C. 553(b)(4).
Full Text
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<title>Federal Register, Volume 91 Issue 59 (Friday, March 27, 2026)</title>
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[Federal Register Volume 91, Number 59 (Friday, March 27, 2026)]
[Proposed Rules]
[Pages 14800-14803]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-05994]
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DEPARTMENT OF HEALTH AND HUMAN SERVICES
Administration for Children and Families
45 CFR Part 1336
RIN 0970-AD36
Reducing Bureaucracy and Burden for Native American Programs
AGENCY: Administration for Native Americans (ANA), Administration for
Children and Families (ACF), Department of Health and Human Services
(HHS).
ACTION: Notice of proposed rulemaking.
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SUMMARY: The Department of Health and Human Services, Administration
for Children and Families proposes to amend the Native American
Programs Act regulations (45 CFR part 1336) to eliminate unnecessary or
obsolete regulations. The docket on <a href="https://www.regulations.gov">https://www.regulations.gov</a> will
include a plain language summary of the NPRM as required by 5 U.S.C.
553(b)(4).
DATES: In order to be considered, written comments on this proposed
rule must be received on or before April 27, 2026.
ADDRESSES: You may submit written comments, identified by docket number
ACF-2026-0133 and/or RIN number 0970-AD36, by one of the following
methods:
<bullet> Federal eRulemaking Portal: Go to <a href="https://www.regulations.gov">https://www.regulations.gov</a>. Follow the instructions for submitting comments.
<bullet> Email: <a href="/cdn-cgi/l/email-protection#c682a3b4a3a1b3aaa7b2afa9a886a7a5a0e8aeaeb5e8a1a9b0"><span class="__cf_email__" data-cfemail="034766716664766f62776a6c6d436260652d6b6b702d646c75">[email protected]</span></a>. Include the docket number
ACF-2026-0133 and/or RIN number 0970-AD36 in the subject line of the
message.
Instructions: All submissions received must include the agency name
and docket number or RIN number for this rulemaking. All comments
received are a part of the public record and will be posted for public
viewing on <a href="http://www.regulations.gov">www.regulations.gov</a>, without change. Please be advised that
the substance of the comments and the identity of individuals or
entities submitting the comments will be subject to public disclosure.
FOR FURTHER INFORMATION CONTACT: Adam N. Jones, Deputy Chief of Staff,
Immediate Office of the Assistant Secretary, Administration for
Children and Families, Department of Health and Human Services,
Washington, DC 202-417-0115 or <a href="/cdn-cgi/l/email-protection#e9ad8c9b8c8e9c85889d808687a9888a8fc781819ac78e869f"><span class="__cf_email__" data-cfemail="733716011614061f12071a1c1d331210155d1b1b005d141c05">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
I. Statutory Authority
This proposed regulation is being issued under the authority
granted to the Secretary of Health and Human Services by the Native
American Programs Act of 1974, as amended (42 U.S.C. 2991 et seq.),
hereafter referred to as the ``Act.''
II. Background
The Native American Programs Act of 1974 (NAPA), as amended (42
U.S.C. 2991 et seq.), authorizes the Administration for Native
Americans (ANA) to promote social development and economic self-
sufficiency in Native communities through competitive grant funding.
Under Section 803 of NAPA (42 U.S.C. 2991b), ANA provides financial
assistance on a single-year or multi-year basis to public and nonprofit
private agencies, including governing bodies of Indian Tribes on
federal and state reservations, Alaska Native villages and regional
corporations established under the Alaska Native Claims Settlement Act
(43 U.S.C. 1601 et seq.), and public and nonprofit agencies serving
Native Hawaiians and Indian and Alaska Native organizations in urban or
rural areas that are not reservations or Alaska Native villages. ANA
implements its mission through competitive discretionary grants that
support Native-led, community-based projects aimed at strengthening
families and communities and reducing long-term dependency through
social and economic development, Native language preservation, and
environmental regulatory enhancement. ANA typically provides short-term
``seed'' funding ranging from 12 to 60 months to help communities
launch or expand sustainable efforts. In Federal Fiscal Year (FFY)
2025, ANA awarded a total of $50,738,495, which included new awards and
continued funding for previously awarded projects.
III. Executive Summary
This NPRM proposes to rescind multiple regulations that are either
unnecessary or wholly obsolete. These rescissions would impact States,
[[Page 14801]]
Territories, and Tribal Lead Agencies. The regulations contained in
this NPRM to be removed and reserved can be categorized into three
groups: those that are duplicative, those that are better suited as a
different type of sub-regulatory format, and those that are obsolete.
The duplicative regulations are those that exist yet, carry no
impact as the authority and requirements stated in the regulation exist
or are stated elsewhere such as in statute. This renders the language
found in the regulation to be either duplicative or otherwise generally
unnecessary.
The regulations that are better suited to a different format, i.e.,
as a sub-regulatory document, are those that generally read like a
Frequently Asked Questions document, or are overly prescriptive and
carry technical details that belong to programmatic instruction. These
documents are being proposed to be removed in order to allow them to be
published in the more appropriate format.
Finally, obsolete regulations are those that are outdated. This
includes regulations that refer to grant programs that are no longer
funded, practices that are no longer followed, or are no longer
relevant.
Effective Date
ACF expects all provisions included in the proposed rule, if
finalized, to become effective 30 days from the date of publication of
the final rule.
Severability
The provisions of this NPRM, once it becomes final, are intended to
be severable, such that, in the event a court were to invalidate any
particular provision or deem it to be unenforceable, the remaining
provisions would continue to be valid. The changes address a variety of
issues relevant to the Administration for Native Americans. None of the
provisions contained herein are central to an overall intent of the
proposed rule, nor are any provisions dependent on the validity of
other, separate provisions.
IV. Discussion of Proposed Changes
Subpart B--Purpose of the Native American Programs
Sec. 1336.20 Program Purpose
This proposed change removes the program's purpose statement. The
purpose statement does not carry any policy language that is not
already covered in the authorizing statute, the Native American
Programs Act of 1974, as amended. See 42 U.S.C. 2991a. As this Section
is needlessly duplicative, it is proposed to be removed.
Subpart C--Native American Projects
Sec. 1336.30 Eligibility Under Sections 804 and 805 of the Native
American Programs Act of 1974
This proposed change removes the regulation that duplicates the
statute in that financial assistance made to grantees for research,
demonstration and pilot projects as well as technical assistance and
training is eligible for public and private agencies. The Act
specifically states in Section 803 that funding is available to both
public and private non-profit agencies, thus limiting private agencies
to non-profits. However, in Sections 804 and 805 of the Act, the
terminology is changed to public and private agencies. The removal of
the qualifier ``non-profit'' from Sections 804 and 805 gives statutory
authority to allow research, demonstration and pilot projects as well
as technical assistance and training dollars to be awarded to for-
profit private agencies. Thus, as this Section is needlessly
duplicative, it is proposed to be removed and reserved.
Sec. 1336.31 Project Approval Procedures
This proposed change removes the requirements detailing project
approval procedures. This regulation, as it currently exists, has two
issues: (1) it essentially states that applicants for financial
assistance must submit a work plan that follows the law, which is a
statutory requirement, and (2) it states processes and guidelines that
are better suited in sub-regulatory documents such as a notice of
funding opportunity (NOFO). By moving this kind of unnecessary language
out of regulation, grantees and applicants can more easily find
important information when reading through CFR. As such, this Section
is not needed and is proposed to be removed.
Sec. 1336.32 Grants
This proposed change removes the requirements detailing the length
of grants as well as specific application submission requirements. This
type of information is better located in a NOFO than in regulation as
other comparable information is historically found in those kinds of
sub regulatory documents. If remaining in its current form, grantees
and applicants would be required to read the CFR for information that
pertains to applications and NOFOs. Thus, this Section is not needed in
regulation and is proposed to be removed.
Sec. 1336.33 Eligible Applicants and Proposed Activities Which Are
Ineligible
This proposed change repeals the Section of regulation that details
eligible applicants and what proposed activities are ineligible for
funding. As this Section is specific to essentially a grant's terms and
conditions, and will be found in both locations, it does not make sense
to exist in regulation. As such, this Section is being proposed to be
removed and inserted into the grant's terms and conditions or into a
related NOFO.
Subpart D--Evaluation
Sec. 1336.40 General
This proposed change removes the unnecessary regulation that
applications provide sufficient information for ANA to make a
determination as to whether the application meets the standards. This
requirement exists irrespective of the regulation as ANA has the
authority to review applications and reports and make decisions to
award or not award funds for a number of reasons, including the
completeness of the application. This Section is being proposed to be
removed and reserved as the authority exists with or without the
regulation in place.
Subpart E--Financial Assistance Provisions
Sec. 1336.51 Project Period
This proposed change removes the unneeded regulation specifying
that the length of the funding award will be included in the NOFO. This
Section is not needed as it is standard practice for agencies to
include in the NOFO the length of time for any particular funding
opportunity. The removal of this Section will not preclude the duration
of the award being included in the NOFOs. As such, this Section is
being proposed to be removed and reserved.
Subpart F--Native Hawaiian Revolving Loan Fund Demonstration Project
Sec. 1336.60 Through Sec. 1336.77
This proposed change removes an outdated and unfunded program
titled the Native Hawaiian Revolving Loan Fund. This program had its
appropriations end in FY2021 and the demonstration project period has
since ended. As such, this regulation serves no current purpose and is
proposed to be removed and reserved.
V. Regulatory Process Matters
Paperwork Reduction Act
Under the Paperwork Reduction Act (44 U.S.C. 3501 et seq., as
amended)
[[Page 14802]]
(PRA), all Departments are required to submit to the Office of
Management and Budget (OMB) for review and approval any reporting or
recordkeeping requirements inherent in a proposed or final rule. This
NPRM does not contain any information collection requirements requiring
OMB approval under the PRA and, therefore, will not create any new
paperwork burdens or modify existing burdens subject to OMB review.
Executive Order 13132
Executive Order 13132 requires federal agencies to consult with
State and local government officials if they develop regulatory
policies with federalism implications. Federalism is rooted in the
belief that issues that are not national in scope or significance are
most appropriately addressed by the level of government close to the
people. This proposed rule would not have substantial direct impact on
the States, on the relationship between the federal government and the
States, or on the distribution of power and responsibilities among the
various levels of government. This NPRM would not pre-empt State law.
The changes proposed in the NPRM are removing unnecessary and obsolete
regulations from the Native American Program rules. Therefore, in
accordance with Section 6 of Executive Order 13132, it is determined
that this action does not have sufficient federalism implications to
warrant the preparation of a federalism summary impact statement.
Assessment of Federal Regulations and Policies on Families
Assessment of Federal Regulations and Policies on Families Section
654 of the Treasury and General Government Appropriations Act of 1999
(Pub. L. 105-277) requires federal agencies to determine whether a
policy or regulation may negatively affect family well-being. If the
agency determines a policy or regulation negatively affects family
well-being, then the agency must prepare an impact assessment
addressing seven criteria specified in the law. HHS believes it is not
necessary to prepare a family policymaking assessment because the
actions proposed in this NPRM will not have any impact on the autonomy
or integrity of the family as an institution.
VI. Regulatory Impact Analysis
We have examined the impacts of the proposed rule under Executive
Order 12866, Executive Order 13563, Executive Order 14192, the
Regulatory Flexibility Act (5 U.S.C. 601-612), and the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4).
Executive Orders 12866 and 13563 direct us to assess all benefits
and costs of available regulatory alternatives and, when regulation is
necessary, to select regulatory approaches that maximize net benefits.
Rules are ``significant'' under Executive Order 12866 Section 3(f)(1)
if they ``have an annual effect on the economy of $100 million or more;
or adversely affect in a material way the economy, a sector of the
economy, productivity, competition, jobs, the environment, public
health or safety, or State, local or tribal governments or
communities.'' Executive Order 14192 requires that any new incremental
costs associated with significant new regulations ``shall, to the
extent permitted by law, be offset by the elimination of existing costs
associated with at least ten prior regulations.'' The Office of
Information and Regulatory Affairs (OIRA) has determined that this
proposed rule is not a significant action under Executive Order 12866
Section 3(f). This analysis indicates that the proposed rule, if
finalized would be a deregulatory action as defined by Section 3 of
Executive Order 14192.
The Regulatory Flexibility Act (RFA) requires agencies to consider
the impact of their regulatory proposals on small entities. Because
this is simply repealing obsolete and unnecessary language, we propose
to certify that the proposed rule would not have a significant economic
impact on a substantial number of small entities.
The Unfunded Mandates Reform Act of 1995 (UMRA) generally requires
that each agency conduct a cost-benefit analysis; identify and consider
a reasonable number of regulatory alternatives; and select the least
costly, most cost effective, or least burdensome alternative that
achieves the objectives of the rule before promulgating any proposed or
final rule that includes a Federal mandate that may result in
expenditures of more than $100 million (adjusted for inflation) in at
least one year by State, local, and tribal governments, in the
aggregate, or by the private sector. Each agency issuing a rule with
relevant effects over that threshold must also seek input from State,
local, and tribal governments. The current threshold after adjustment
for inflation is $193 million, using the most current (2025) Implicit
Price Deflator for the Gross Domestic Product. This proposed rule would
not result in an expenditure in any year that meets or exceeds this
amount.
VII. Tribal Consultation Statement
Executive Order 13175, Consultation and Coordination with Indian
Tribal Governments, requires agencies to consult with Indian Tribes
when regulations have substantial direct effects on one or more Indian
tribes, on the relationship between the Federal government and Indian
tribes, or on the distribution of power and responsibilities between
the Federal Government and Indian Tribes. Consultation and Coordination
With Indian Tribal Governments, 65 FR 67249. Similarly, ACF's Tribal
Consultation Policy says that consultation is triggered for a new rule
adoption that significantly affects tribes, meaning the new rule
adoption has substantial direct effects on one on more Indian tribes,
on the amount or duration of ACF program funding, on the delivery of
ACF programs or services to one or more Indian tribes, or on the
distribution of power and responsibilities between the Federal
Government and Indian tribes. However, as this is a deregulatory
action, per OMB M-25-36, Streamlining the Review of Deregulatory
Actions, this action presumptively does not trigger the consultation
requirements of Executive Order 13175. ACF is nevertheless committed to
consulting with Indian Tribes and Tribal leadership on this action to
the extent practicable and permitted by law.
List of Subjects in 45 CFR Part 1336
Administrative practice and procedure, American Samoa, Grant
programs--Indians, Grant programs--social programs, Guam, Hawaiian
Natives, Indians, Northern Mariana Islands, Reporting and recordkeeping
requirements.
For the reasons set forth in the preamble, ACF proposes to amend 45
CFR part 1336 as follows:
PART 1336--NATIVE AMERICAN PROGRAMS
0
1. The authority citation for part 1336 continues to read:
Authority: 42 U.S.C. 618, 9858 et seq.
* * * * *
0
2. Sec. 1336.20, titled ``Program purpose,'' is removed and reserved.
* * * * *
0
3. Sec. 1336.30, titled ``Eligibility under sections 804 and 805 of
the Native American Programs Act of 1974,'' is removed and reserved.
* * * * *
0
4. Sec. 1336.31, titled ``Project approval procedures,'' is removed
and reserved.
* * * * *
0
5. Sec. 1336.32, titled ``Grants,'' is removed and reserved.
* * * * *
[[Page 14803]]
0
6. Sec. 1336.33, titled ``Eligible applicants and proposed activities
which are ineligible,'' is removed and reserved.
* * * * *
0
7. Sec. 1336.40, titled ``General,'' is removed and reserved.
* * * * *
0
8. Sec. 1336.51, titled ``Project period,'' is removed and reserved.
* * * * *
0
9. Sec. 1336.60, titled ``Purpose of this subpart,'' is removed and
reserved.
* * * * *
0
10. Sec. 1336.61, titled ``Purpose of the Revolving Loan Fund,'' is
removed and reserved.
* * * * *
0
11. Sec. 1336.62, titled ``Definitions,'' is removed and reserved.
* * * * *
0
12. Sec. 1336.63, titled ``General responsibilities of the Loan
Administrator,'' is removed and reserved.
* * * * *
0
13. Sec. 1336.64, titled ``Development of goals and strategies:
Responsibilities of the Loan Administrator,'' is removed and reserved.
* * * * *
0
14. Sec. 1336.65, titled ``Staffing and organization of the Revolving
Loan Fund: Responsibilities of the Loan Administrator,'' is removed and
reserved.
* * * * *
0
15. Sec. 1336.66, titled ``Procedures and criteria for administration
of the Revolving Loan Fund: Responsibilities of the Loan
Administrator,'' is removed and reserved.
* * * * *
0
16. Sec. 1336.67, titled ``Security and collateral: Responsibilities
of the Loan Administrator,'' is removed and reserved.
* * * * *
0
17. Sec. 1336.68, titled ``Defaults, uncollectible loans,
liquidations: Responsibilities of the Loan Administrator,'' is removed
and reserved.
* * * * *
0
18. Sec. 1336.69, titled ``Reporting requirements: Responsibilities of
the Loan Administrator,'' is removed and reserved.
* * * * *
0
19. Sec. 1336.70, titled ``Technical assistance: Responsibilities of
the Loan Administrator,'' is removed and reserved.
* * * * *
0
20. Sec. 1336.71, titled ``Administrative costs,'' is removed and
reserved.
* * * * *
0
21. Sec. 1336.72, titled ``Fiscal requirements,'' is removed and
reserved.
* * * * *
0
22. Sec. 1336.73, titled ``Eligible borrowers,'' is removed and
reserved.
* * * * *
0
23. Sec. 1336.74, titled ``Time limits and interest on loans,'' is
removed and reserved.
* * * * *
0
24. Sec. 1336.75, titled ``Allowable loan activities,'' is removed and
reserved.
* * * * *
0
25. Sec. 1336.76, titled ``Unallowable loan activities,'' is removed
and reserved.
* * * * *
0
26. Sec. 1336.77, titled ``Recovery of funds,'' is removed and
reserved.
* * * * *
Robert F. Kennedy, Jr.,
Secretary, Department of Health and Human Services.
[FR Doc. 2026-05994 Filed 3-26-26; 8:45 am]
BILLING CODE 4184-34-P
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