24 C.F.R. PART 1000--NATIVE AMERICAN HOUSING ACTIVITIES


TITLE 24--Housing and Urban Development

CHAPTER IX--OFFICE OF ASSISTANT SECRETARY FOR PUBLIC AND INDIAN HOUSING, DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

PART 1000--NATIVE AMERICAN HOUSING ACTIVITIES

rule

Subpart A--GENERAL

�1000.1
What is the applicability and scope of these regulations?
�1000.2
What are the guiding principles in the implementation of NAHASDA?
�1000.4
What are the objectives of NAHASDA?
�1000.6
What is the nature of the IHBG program?
�1000.8
May provisions of these regulations be waived?
�1000.10
What definitions apply in these regulations?
�1000.12
What nondiscrimination requirements are applicable?
�1000.14
What relocation and real property acquisition policies are applicable?
�1000.16
What labor standards are applicable?
�1000.18
What environmental review requirements apply?
�1000.20
Is an Indian tribe required to assume environmental review responsibilities?
�1000.22
Are the costs of the environmental review an eligible cost?
�1000.24
If an Indian tribe assumes environmental review responsibility, how will HUD assist the Indian tribe in performing the environmental review?
�1000.26
What are the administrative requirements under NAHASDA?
�1000.28
May a self-governance Indian tribe be exempted from the applicability of 1000.26?
�1000.30
What prohibitions regarding conflict of interest are applicable?
�1000.32
May exceptions be made to the conflict of interest provisions?
�1000.34
What factors must be considered in making an exception to the conflict of interest provisions?
�1000.36
How long must a recipient retain records regarding exceptions made to the conflict of interest provisions?
�1000.38
What flood insurance requirements are applicable?
�1000.40
Do lead-based paint poisoning prevention requirements apply to affordable housing activities under NAHASDA?
�1000.42
Are the requirements of section 3 of the Housing and Urban Development Act of 1968 applicable?
�1000.44
What prohibitions on the use of debarred, suspended or ineligible contractors apply?
�1000.46
Do drug-free workplace requirements apply?
�1000.48
Are Indian preference requirements applicable to IHBG activities?
�1000.50
What Indian preference requirements apply to IHBG administration activities?
�1000.52
What Indian preference requirements apply to IHBG procurement?
�1000.54
What procedures apply to complaints arising out of any of the methods of providing for Indian preference?
�1000.56
How are NAHASDA funds paid by HUD to recipients?
�1000.58
Are there limitations on the investment of IHBG funds?
�1000.60
Can HUD prevent improper expenditure of funds already disbursed to a recipient?
�1000.62
What is considered program income and what restrictions are there on its use?
rule

Subpart B--AFFORDABLE HOUSING ACTIVITIES

�1000.101
What is affordable housing?
�1000.102
What are eligible affordable housing activities?
�1000.104
What families are eligible for affordable housing activities?
�1000.106
What families receiving assistance under title II of NAHASDA require HUD approval?
�1000.108
How is HUD approval obtained by a recipient for housing for non low-income Indian families and model activities?
�1000.110
Under what conditions may non low-income Indian families participate in the program?
�1000.112
How will HUD determine whether to approve model housing activities?
�1000.114
How long does HUD have to review and act on a proposal to provide assistance to non low-income Indian families or a model housing activity?
�1000.116
What should HUD do before declining a proposal to provide assistance to non low-income Indian families or a model housing activity?
�1000.118
What recourse does a recipient have if HUD disapproves a proposal to provide assistance to non low-income Indian families or a model housing activity?
�1000.120
May a recipient use Indian preference or tribal preference in selecting families for housing assistance?
�1000.122
May NAHASDA grant funds be used as matching funds to obtain and leverage funding, including any Federal or state program and still be considered an affordable housing activity?
�1000.124
What maximum and minimum rent or homebuyer payment can a recipient charge a low-income rental tenant or homebuyer residing in housing units assisted with NAHASDA grant amounts?
�1000.126
May a recipient charge flat or income-adjusted rents?
�1000.128
Is income verification required for assistance under NAHASDA?
�1000.130
May a recipient charge a non low-income family rents or homebuyer payments which are more than 30 percent of the family's adjusted income?
�1000.132
Are utilities considered a part of rent or homebuyer payments?
�1000.134
When may a recipient (or entity funded by a recipient) demolish or dispose of current assisted stock?
�1000.136
What insurance requirements apply to housing units assisted with NAHASDA grants?
�1000.138
What constitutes adequate insurance?
�1000.140
May a recipient use grant funds to purchase insurance for privately owned housing to protect NAHASDA grant amounts spent on that housing?
�1000.142
What is the ''useful life'' during which low-income rental housing and low-income homebuyer housing must remain affordable as required in sections 205(a)(2) and 209 of NAHASDA?
�1000.144
Are Mutual Help homes developed under the 1937 Act subject to the useful life provisions of section 205(a)(2)?
�1000.146
Are homebuyers required to remain low-income throughout the term of their participation in a housing program funded under NAHASDA?
�1000.150
How may Indian tribes and TDHEs receive criminal conviction information on adult applicants or tenants?
�1000.152
How is the recipient to use criminal conviction information?
�1000.154
How is the recipient to keep criminal conviction information confidential?
�1000.156
Is affordable housing developed, acquired, or assisted under the IHBG program subject to limitations on cost or design standards?
�1000.158
How will a NAHASDA grant recipient know that the housing assisted under the IHBG program meets the requirements of 1000.156?
�1000.160
Are non-dwelling structures developed, acquired or assisted under the IHBG program subject to limitations on cost or design standards?
�1000.162
How will a recipient know that non-dwelling structures assisted under the IHBG program meet the requirements of 1000.160?
rule

Subpart C--INDIAN HOUSING PLAN (IHP)

�1000.201
How are funds made available under NAHASDA?
�1000.202
Who are eligible recipients?
�1000.204
How does an Indian tribe designate itself as recipient of the grant?
�1000.206
How is a TDHE designated?
�1000.208
What happens if an Indian tribe had two IHAs as of September 30, 1996?
�1000.210
What happens to existing 1937 Act units in those jurisdictions for which Indian tribes do not or cannot submit an IHP?
�1000.212
Is submission of an IHP required?
�1000.214
What is the deadline for submission of an IHP?
�1000.216
What happens if the recipient does not submit the IHP to the Area ONAP by July 1?
�1000.218
Who prepares and submits an IHP?
�1000.220
What are the minimum requirements for the IHP?
�1000.222
Are there separate IHP requirements for small Indian tribes and small TDHEs?
�1000.224
Can any part of the IHP be waived?
�1000.226
Can the certification requirements of section 102(c)(5) of NAHASDA be waived by HUD?
�1000.228
If HUD changes its IHP format will Indian tribes be involved?
�1000.230
What is the process for HUD review of IHPs and IHP amendments?
�1000.232
Can an Indian tribe or TDHE amend its IHP?
�1000.234
Can HUD's determination regarding the non-compliance of an IHP or a modification to an IHP be appealed?
�1000.236
What are eligible administrative and planning expenses?
�1000.238
What percentage of the IHBG funds can be used for administrative and planning expenses?
�1000.240
When is a local cooperation agreement required for affordable housing activities?
�1000.242
When does the requirement for exemption from taxation apply to affordable housing activities?
rule

Subpart D--ALLOCATION FORMULA

�1000.301
What is the purpose of the IHBG formula?
�1000.302
What are the definitions applicable for the IHBG formula?
�1000.304
May the IHBG formula be modified?
�1000.306
How can the IHBG formula be modified?
�1000.308
Who can make modifications to the IHBG formula?
�1000.310
What are the components of the IHBG formula?
�1000.312
What is current assisted stock?
�1000.314
What is formula current assisted stock?
�1000.316
How is the Formula Current Assisted Stock (FCAS) Component developed?
�1000.317
Who is the recipient for funds for current assisted stock which is owned by state-created Regional Native Housing Authorities in Alaska?
�1000.318
When do units under Formula Current Assisted Stock cease to be counted or expire from the inventory used for the formula?
�1000.320
How is Formula Current Assisted Stock adjusted for local area costs?
�1000.322
Are IHA financed units included in the determination of Formula Current Assisted Stock?
�1000.324
How is the need component developed?
�1000.325
How is the need component adjusted for local area costs?
�1000.326
What if a formula area is served by more than one Indian tribe?
�1000.327
What is the order of preference for allocating the IHBG formula needs data for Indian tribes in Alaska not located on reservations due to the unique circumstances in Alaska?
�1000.328
What is the minimum amount an Indian tribe can receive under the need component of the formula?
�1000.330
What are data sources for the need variables?
�1000.332
Will data used by HUD to determine an Indian tribe's or TDHE's formula allocation be provided to the Indian tribe or TDHE before the allocation?
�1000.334
May Indian tribes, TDHEs, or HUD challenge the data from the U.S. Decennial Census or provide an alternative source of data?
�1000.336
How may an Indian tribe, TDHE, or HUD challenge data?
�1000.340
What if an Indian tribe is allocated less funding under the block grant formula than it received in Fiscal Year 1996 for operating subsidy and modernization?
rule

Subpart E--FEDERAL GUARANTEES FOR FINANCING OF TRIBAL HOUSING ACTIVITIES

�1000.401
What terms are used throughout this subpart?
�1000.402
Are State recognized Indian tribes eligible for guarantees under title VI of NAHASDA?
�1000.404
What lenders are eligible for participation?
�1000.406
What constitutes tribal approval to issue notes or other obligations under title VI of NAHASDA?
�1000.408
How does an Indian tribe or TDHE show that it has made efforts to obtain financing without a guarantee and cannot complete such financing in a timely manner?
�1000.410
What conditions shall HUD prescribe when providing a guarantee for notes or other obligations issued by an Indian tribe?
�1000.412
Can an issuer obtain a guarantee for more than one note or other obligation at a time?
�1000.414
How is an issuer's financial capacity demonstrated?
�1000.416
What is a repayment contract in a form acceptable to HUD?
�1000.418
Can grant funds be used to pay costs incurred when issuing notes or other obligations?
�1000.420
May grants made by HUD under section 603 of NAHASDA be used to pay net interest costs incurred when issuing notes or other obligations?
�1000.422
What are the procedures for applying for loan guarantees under title VI of NAHASDA?
�1000.424
What are the application requirements for guarantee assistance under title VI of NAHASDA?
�1000.426
How does HUD review a guarantee application?
�1000.428
For what reasons may HUD disapprove an application or approve an application for an amount less than that requested?
�1000.430
When will HUD issue notice to the applicant if the application is approved at the requested or reduced amount?
�1000.432
Can an amendment to an approved guarantee be made?
�1000.434
How will HUD allocate the availability of loan guarantee assistance?
�1000.436
How will HUD monitor the use of funds guaranteed under this subpart?
rule

Subpart F--RECIPIENT MONITORING, OVERSIGHT AND ACCOUNTABILITY

�1000.501
Who is involved in monitoring activities under NAHASDA?
�1000.502
What are the monitoring responsibilities of the recipient, the grant beneficiary and HUD under NAHASDA?
�1000.504
What are the recipient performance objectives?
�1000.506
If the TDHE is the recipient, must it submit its monitoring evaluation/results to the Indian tribe?
�1000.508
If the recipient monitoring identifies programmatic concerns, what happens?
�1000.510
What happens if tribal monitoring identifies compliance concerns?
�1000.512
Are performance reports required?
�1000.514
When must the annual performance report be submitted?
�1000.516
What reporting period is covered by the annual performance report?
�1000.518
When must a recipient obtain public comment on its annual performance report?
�1000.520
What are the purposes of HUD review?
�1000.521
After the receipt of the recipient's performance report, how long does HUD have to make recommendations under section 404(c) of NAHASDA?
�1000.522
How will HUD give notice of on-site reviews?
�1000.524
What are HUD's performance measures for the review?
�1000.526
What information will HUD use for its review?
�1000.528
What are the procedures for the recipient to comment on the result of HUD's review when HUD issues a report under section 405(b) of NAHASDA?
�1000.530
What corrective and remedial actions will HUD request or recommend to address performance problems prior to taking action under 1000.532 or 1000.538?
�1000.532
What are the adjustments HUD makes to a recipient's future year's grant amount under section 405 of NAHASDA?
�1000.534
What constitutes substantial noncompliance?
�1000.536
What happens to NAHASDA grant funds adjusted, reduced, withdrawn, or terminated under 1000.532 or 1000.538?
�1000.538
What remedies are available for substantial noncompliance?
�1000.540
What hearing procedures will be used under NAHASDA?
�1000.542
When may HUD require replacement of a recipient?
�1000.544
What audits are required?
�1000.546
Are audit costs eligible program or administrative expenses?
�1000.548
Must a copy of the recipient's audit pursuant to the Single Audit Act relating to NAHASDA activities be submitted to HUD?
�1000.550
If the TDHE is the recipient, does it have to submit a copy of its audit to the Indian tribe?
�1000.552
How long must the recipient maintain program records?
�1000.554
Which agencies have right of access to the recipient's records relating to activities carried out under NAHASDA?
�1000.556
Does the Freedom of Information Act (FOIA) apply to recipient records?
�1000.558
Does the Federal Privacy Act apply to recipient records?
Appendix
Appendix A to Part 1000--Indian Housing Block Grant Formula Mechanics
Appendix
Appendix B to Part 1000--IHBG Block Grant Formula Mechanisms
rule























chanrobles.com


ChanRobles Legal Resources:

ChanRobles On-Line Bar Review

ChanRobles Internet Bar Review : www.chanroblesbar.com

ChanRobles MCLE On-line

ChanRobles Lawnet Inc. - ChanRobles MCLE On-line : www.chanroblesmcleonline.com