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
Subpart A--GENERAL
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What is the applicability and scope of these regulations?
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What are the guiding principles in the implementation of NAHASDA?
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What are the objectives of NAHASDA?
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What is the nature of the IHBG program?
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May provisions of these regulations be waived?
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What definitions apply in these regulations?
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What nondiscrimination requirements are applicable?
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What relocation and real property acquisition policies are applicable?
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What labor standards are applicable?
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What environmental review requirements apply?
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Is an Indian tribe required to assume environmental review responsibilities?
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Are the costs of the environmental review an eligible cost?
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If an Indian tribe assumes environmental review responsibility, how will HUD assist the Indian tribe in performing the environmental review?
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What are the administrative requirements under NAHASDA?
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May a self-governance Indian tribe be exempted from the applicability of 1000.26?
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What prohibitions regarding conflict of interest are applicable?
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May exceptions be made to the conflict of interest provisions?
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What factors must be considered in making an exception to the conflict of interest provisions?
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How long must a recipient retain records regarding exceptions made to the conflict of interest provisions?
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What flood insurance requirements are applicable?
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Do lead-based paint poisoning prevention requirements apply to affordable housing activities under NAHASDA?
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Are the requirements of section 3 of the Housing and Urban Development Act of 1968 applicable?
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What prohibitions on the use of debarred, suspended or ineligible contractors apply?
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Do drug-free workplace requirements apply?
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Are Indian preference requirements applicable to IHBG activities?
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What Indian preference requirements apply to IHBG administration activities?
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What Indian preference requirements apply to IHBG procurement?
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What procedures apply to complaints arising out of any of the methods of providing for Indian preference?
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How are NAHASDA funds paid by HUD to recipients?
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Are there limitations on the investment of IHBG funds?
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Can HUD prevent improper expenditure of funds already disbursed to a recipient?
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What is considered program income and what restrictions are there on its use?
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Subpart B--AFFORDABLE HOUSING ACTIVITIES
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What is affordable housing?
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What are eligible affordable housing activities?
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What families are eligible for affordable housing activities?
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What families receiving assistance under title II of NAHASDA require HUD approval?
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How is HUD approval obtained by a recipient for housing for non low-income Indian families and model activities?
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Under what conditions may non low-income Indian families participate in the program?
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How will HUD determine whether to approve model housing activities?
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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?
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What should HUD do before declining a proposal to provide assistance to non low-income Indian families or a model housing activity?
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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?
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May a recipient use Indian preference or tribal preference in selecting families for housing assistance?
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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?
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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?
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May a recipient charge flat or income-adjusted rents?
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Is income verification required for assistance under NAHASDA?
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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?
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Are utilities considered a part of rent or homebuyer payments?
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When may a recipient (or entity funded by a recipient) demolish or dispose of current assisted stock?
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What insurance requirements apply to housing units assisted with NAHASDA grants?
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What constitutes adequate insurance?
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May a recipient use grant funds to purchase insurance for privately owned housing to protect NAHASDA grant amounts spent on that housing?
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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?
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Are Mutual Help homes developed under the 1937 Act subject to the useful life provisions of section 205(a)(2)?
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Are homebuyers required to remain low-income throughout the term of their participation in a housing program funded under NAHASDA?
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How may Indian tribes and TDHEs receive criminal conviction information on adult applicants or tenants?
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How is the recipient to use criminal conviction information?
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How is the recipient to keep criminal conviction information confidential?
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Is affordable housing developed, acquired, or assisted under the IHBG program subject to limitations on cost or design standards?
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How will a NAHASDA grant recipient know that the housing assisted under the IHBG program meets the requirements of 1000.156?
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Are non-dwelling structures developed, acquired or assisted under the IHBG program subject to limitations on cost or design standards?
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How will a recipient know that non-dwelling structures assisted under the IHBG program meet the requirements of 1000.160?
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Subpart C--INDIAN HOUSING PLAN (IHP)
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How are funds made available under NAHASDA?
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Who are eligible recipients?
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How does an Indian tribe designate itself as recipient of the grant?
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How is a TDHE designated?
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What happens if an Indian tribe had two IHAs as of September 30, 1996?
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What happens to existing 1937 Act units in those jurisdictions for which Indian tribes do not or cannot submit an IHP?
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Is submission of an IHP required?
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What is the deadline for submission of an IHP?
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What happens if the recipient does not submit the IHP to the Area ONAP by July 1?
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Who prepares and submits an IHP?
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What are the minimum requirements for the IHP?
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Are there separate IHP requirements for small Indian tribes and small TDHEs?
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Can any part of the IHP be waived?
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Can the certification requirements of section 102(c)(5) of NAHASDA be waived by HUD?
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If HUD changes its IHP format will Indian tribes be involved?
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What is the process for HUD review of IHPs and IHP amendments?
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Can an Indian tribe or TDHE amend its IHP?
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Can HUD's determination regarding the non-compliance of an IHP or a modification to an IHP be appealed?
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What are eligible administrative and planning expenses?
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What percentage of the IHBG funds can be used for administrative and planning expenses?
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When is a local cooperation agreement required for affordable housing activities?
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When does the requirement for exemption from taxation apply to affordable housing activities?
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Subpart D--ALLOCATION FORMULA
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What is the purpose of the IHBG formula?
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What are the definitions applicable for the IHBG formula?
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May the IHBG formula be modified?
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How can the IHBG formula be modified?
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Who can make modifications to the IHBG formula?
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What are the components of the IHBG formula?
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What is current assisted stock?
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What is formula current assisted stock?
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How is the Formula Current Assisted Stock (FCAS) Component developed?
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Who is the recipient for funds for current assisted stock which is owned by state-created Regional Native Housing Authorities in Alaska?
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When do units under Formula Current Assisted Stock cease to be counted or expire from the inventory used for the formula?
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How is Formula Current Assisted Stock adjusted for local area costs?
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Are IHA financed units included in the determination of Formula Current Assisted Stock?
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How is the need component developed?
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How is the need component adjusted for local area costs?
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What if a formula area is served by more than one Indian tribe?
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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?
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What is the minimum amount an Indian tribe can receive under the need component of the formula?
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What are data sources for the need variables?
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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?
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May Indian tribes, TDHEs, or HUD challenge the data from the U.S. Decennial Census or provide an alternative source of data?
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How may an Indian tribe, TDHE, or HUD challenge data?
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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?
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Subpart E--FEDERAL GUARANTEES FOR FINANCING OF TRIBAL HOUSING ACTIVITIES
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What terms are used throughout this subpart?
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Are State recognized Indian tribes eligible for guarantees under title VI of NAHASDA?
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What lenders are eligible for participation?
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What constitutes tribal approval to issue notes or other obligations under title VI of NAHASDA?
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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?
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What conditions shall HUD prescribe when providing a guarantee for notes or other obligations issued by an Indian tribe?
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Can an issuer obtain a guarantee for more than one note or other obligation at a time?
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How is an issuer's financial capacity demonstrated?
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What is a repayment contract in a form acceptable to HUD?
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Can grant funds be used to pay costs incurred when issuing notes or other obligations?
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May grants made by HUD under section 603 of NAHASDA be used to pay net interest costs incurred when issuing notes or other obligations?
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What are the procedures for applying for loan guarantees under title VI of NAHASDA?
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What are the application requirements for guarantee assistance under title VI of NAHASDA?
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How does HUD review a guarantee application?
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For what reasons may HUD disapprove an application or approve an application for an amount less than that requested?
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When will HUD issue notice to the applicant if the application is approved at the requested or reduced amount?
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Can an amendment to an approved guarantee be made?
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How will HUD allocate the availability of loan guarantee assistance?
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How will HUD monitor the use of funds guaranteed under this subpart?
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Subpart F--RECIPIENT MONITORING, OVERSIGHT AND ACCOUNTABILITY
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Who is involved in monitoring activities under NAHASDA?
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What are the monitoring responsibilities of the recipient, the grant beneficiary and HUD under NAHASDA?
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What are the recipient performance objectives?
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If the TDHE is the recipient, must it submit its monitoring evaluation/results to the Indian tribe?
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If the recipient monitoring identifies programmatic concerns, what happens?
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What happens if tribal monitoring identifies compliance concerns?
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Are performance reports required?
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When must the annual performance report be submitted?
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What reporting period is covered by the annual performance report?
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When must a recipient obtain public comment on its annual performance report?
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What are the purposes of HUD review?
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After the receipt of the recipient's performance report, how long does HUD have to make recommendations under section 404(c) of NAHASDA?
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How will HUD give notice of on-site reviews?
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What are HUD's performance measures for the review?
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What information will HUD use for its review?
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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?
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What corrective and remedial actions will HUD request or recommend to address performance problems prior to taking action under 1000.532 or 1000.538?
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What are the adjustments HUD makes to a recipient's future year's grant amount under section 405 of NAHASDA?
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What constitutes substantial noncompliance?
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What happens to NAHASDA grant funds adjusted, reduced, withdrawn, or terminated under 1000.532 or 1000.538?
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What remedies are available for substantial noncompliance?
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What hearing procedures will be used under NAHASDA?
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When may HUD require replacement of a recipient?
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What audits are required?
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Are audit costs eligible program or administrative expenses?
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Must a copy of the recipient's audit pursuant to the Single Audit Act relating to NAHASDA activities be submitted to HUD?
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If the TDHE is the recipient, does it have to submit a copy of its audit to the Indian tribe?
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How long must the recipient maintain program records?
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Which agencies have right of access to the recipient's records relating to activities carried out under NAHASDA?
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Does the Freedom of Information Act (FOIA) apply to recipient records?
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Does the Federal Privacy Act apply to recipient records?
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