cfr_sections
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| section_id ▼ | title_number | title_name | chapter | subchapter | part_number | part_name | subpart | subpart_name | section_number | section_heading | agency | authority | source_citation | amendment_citations | full_text |
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| 24:24:4.1.3.1.24.1.41.1 | 24 | Housing and Urban Development | IX | 1000 | PART 1000—NATIVE AMERICAN HOUSING ACTIVITIES | A | Subpart A—General | § 1000.1 What is the applicability and scope of these regulations? | HUD | Under the Native American Housing Assistance and Self-Determination Act of 1996 (25 U.S.C. 4101 et seq. ) (NAHASDA) the Department of Housing and Urban Development (HUD) provides grants, loan guarantees, and technical assistance to Indian tribes and Alaska Native villages for the development and operation of low-income housing in Indian areas. The policies and procedures described in this part apply to grants to eligible recipients under the Indian Housing Block Grant (IHBG) program for Indian tribes and Alaska Native villages. This part also applies to loan guarantee assistance under title VI of NAHASDA. The regulations in this part supplement the statutory requirements set forth in NAHASDA. This part, as much as practicable, does not repeat statutory language. | |||||
| 24:24:4.1.3.1.24.1.41.10 | 24 | Housing and Urban Development | IX | 1000 | PART 1000—NATIVE AMERICAN HOUSING ACTIVITIES | A | Subpart A—General | § 1000.16 What labor standards are applicable? | HUD | [63 FR 12349, Mar. 12, 1998, as amended at 77 FR 71522, Dec. 3, 2012] | (a) Davis-Bacon wage rates. (1) As described in section 104(b) of NAHASDA, contracts and agreements for assistance, sale, or lease under NAHASDA must require prevailing wage rates determined by the Secretary of Labor under the Davis-Bacon Act (40 U.S.C. 3141-44, 3146, and 3147) to be paid to laborers and mechanics employed in the development of affordable housing. (2) When NAHASDA assistance is only used to assist homebuyers to acquire single family housing, the Davis-Bacon wage rates apply to the construction of the housing if there is a written agreement with the owner or developer of the housing that NAHASDA assistance will be used to assist homebuyers to buy the housing. (3) Prime contracts not in excess of $2000 are exempt from Davis-Bacon wage rates. (b) HUD-determined wage rates. Section 104(b) also mandates that contracts and agreements for assistance, sale or lease under NAHASDA require that prevailing wages determined or adopted (subsequent to a determination under applicable state, tribal or local law) by HUD shall be paid to maintenance laborers and mechanics employed in the operation, and to architects, technical engineers, draftsmen and technicians employed in the development, of affordable housing. (c) Contract Work Hours and Safety Standards Act. Contracts in excess of $100,000 to which Davis-Bacon or HUD-determined wage rates apply are subject by law to the overtime provisions of the Contract Work Hours and Safety Standards Act (40 U.S.C. 3701). (d) Volunteers. The requirements in 24 CFR part 70 concerning exemptions for the use of volunteers on projects subject to Davis-Bacon and HUD-determined wage rates are applicable. (e) Paragraphs (a) through (d) of this section shall not apply to any contract or agreement for assistance, sale, or lease pursuant to NAHASDA, or to any contract for construction, development, operations, or maintenance thereunder, if such contract or agreement for assistance, sale, or lease is otherwise covered by one or more laws or regulations adopted by an Ind… | ||||
| 24:24:4.1.3.1.24.1.41.11 | 24 | Housing and Urban Development | IX | 1000 | PART 1000—NATIVE AMERICAN HOUSING ACTIVITIES | A | Subpart A—General | § 1000.18 What environmental review requirements apply? | HUD | The environmental effects of each activity carried out with assistance under this part must be evaluated in accordance with the provisions of the National Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321) and the related authorities listed in HUD's implementing regulations at 24 CFR parts 50 and 58. An environmental review does not have to be completed prior to HUD approval of an IHP. | |||||
| 24:24:4.1.3.1.24.1.41.12 | 24 | Housing and Urban Development | IX | 1000 | PART 1000—NATIVE AMERICAN HOUSING ACTIVITIES | A | Subpart A—General | § 1000.20 Is an Indian tribe required to assume environmental review responsibilities? | HUD | (a) No. It is an option an Indian tribe may choose. If an Indian tribe declines to assume the environmental review responsibilities, HUD will perform the environmental review in accordance with 24 CFR part 50. The timing of HUD undertaking the environmental review will be subject to the availability of resources. A HUD environmental review must be completed for any NAHASDA assisted activities not excluded from review under 24 CFR 50.19(b) before a recipient may acquire, rehabilitate, convert, lease, repair or construct property, or commit HUD or local funds used in conjunction with such NAHASDA assisted activities with respect to the property. (b) If an Indian tribe assumes environmental review responsibilities: (1) Its certifying officer must certify that he/she is authorized and consents on behalf of the Indian tribe and such officer to accept the jurisdiction of the Federal courts for the purpose of enforcement of the responsibilities of the certifying officer as set forth in section 105(c) of NAHASDA; and (2) The Indian tribe must follow the requirements of 24 CFR part 58. (3) No funds may be committed to a grant activity or project before the completion of the environmental review and approval of the request for release of funds and related certification required by sections 105(b) and 105(c) of NAHASDA, except as authorized by 24 CFR part 58 such as for the costs of environmental reviews and other planning and administrative expenses. (c) Where an environmental assessment (EA) is appropriate under 24 CFR part 50, instead of an Indian tribe assuming environmental review responsibilities under paragraph (b) of this section or HUD preparing the EA itself under paragraph (a) of this section, an Indian tribe or TDHE may prepare an EA for HUD review. In addition to complying with the requirements of 40 CFR 1506.5(a), HUD shall make its own evaluation of the environmental issues and take responsibility for the scope and content of the EA in accordance with 40 CFR 1506.5(b). | |||||
| 24:24:4.1.3.1.24.1.41.13 | 24 | Housing and Urban Development | IX | 1000 | PART 1000—NATIVE AMERICAN HOUSING ACTIVITIES | A | Subpart A—General | § 1000.21 Under what circumstances are waivers of the environmental review procedures available to tribes? | HUD | [77 FR 71522, Dec. 3, 2012] | A tribe or recipient may request that the Secretary waive the requirements under section 105 of NAHASDA. The Secretary may grant the waiver if the Secretary determines that a failure on the part of a recipient to comply with provisions of this section: (a) Will not frustrate the goals of the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq. ) or any other provision of law that furthers the goals of that Act; (b) Does not threaten the health or safety of the community involved by posing an immediate or long-term hazard to residents of that community; (c) Is a result of inadvertent error, including an incorrect or incomplete certification provided under section 105(c)(1) of NAHASDA; and (d) May be corrected through the sole action of the recipient. | ||||
| 24:24:4.1.3.1.24.1.41.14 | 24 | Housing and Urban Development | IX | 1000 | PART 1000—NATIVE AMERICAN HOUSING ACTIVITIES | A | Subpart A—General | § 1000.22 Are the costs of the environmental review an eligible cost? | HUD | Yes, costs of completing the environmental review are eligible. | |||||
| 24:24:4.1.3.1.24.1.41.15 | 24 | Housing and Urban Development | IX | 1000 | PART 1000—NATIVE AMERICAN HOUSING ACTIVITIES | A | Subpart A—General | § 1000.24 If an Indian tribe assumes environmental review responsibility, how will HUD assist the Indian tribe in performing the environmental review? | HUD | As set forth in section 105(a)(2)(B) of NAHASDA and 24 CFR 58.77, HUD will provide for monitoring of environmental reviews and will also facilitate training for the performance for such reviews by Indian tribes. | |||||
| 24:24:4.1.3.1.24.1.41.16 | 24 | Housing and Urban Development | IX | 1000 | PART 1000—NATIVE AMERICAN HOUSING ACTIVITIES | A | Subpart A—General | § 1000.26 What are the administrative requirements under NAHASDA? | HUD | [63 FR 12349, Mar. 12, 1998, as amended at 77 FR 71523, Dec. 3, 2012; 80 FR 75943, Dec. 7, 2015] | (a) Except as addressed in § 1000.28, recipients shall comply with the requirements and standards of 2 CFR part 200, “Uniform Administrative Requirements, Cost Principles, And Audit Requirements for Federal Awards”, except for the following sections: (1) Section 200.113 applies, except that, in lieu of the remedies described in § 200.338, HUD shall be authorized to seek remedies under subpart F of this part. (2) Section 200.302(a), “Financial management.” (3) Section 200.305, “Payment,” applies, except that HUD shall not require a recipient to expend retained program income before drawing down or expending IHBG funds. (4) Section 200.306, “Cost sharing or matching.” (5) Section 200.307, “Program income.” (6) Section 200.308, “Revision of budget and program plans.” (7) Section 200.311, “Real property,” except as provided in 24 CFR 5.109. (8) Section 200.313, “Equipment,” applies, except that in all cases in which the equipment is sold, the proceeds shall be program income. (9) Section 200.314, “Supplies,” applies, except in all cases in which the supplies are sold, the proceeds shall be program income. (10) Section 200.317, “Procurement by states.” (11) Sections 200.318 through 200.326 apply, as modified in this paragraph (a)(11): (i) De minimis procurement. A recipient shall not be required to comply with 2 CFR 200.318 through 200.326 with respect to any procurement, using a grant provided under NAHASDA, of goods and services with a value of less than $5,000. (ii) Utilizing Federal supply sources in procurement. In accordance with Section 101(j) of NAHASDA, recipients may use Federal supply sources made available by the General Services Administration pursuant to 40 U.S.C. 501. (12) Section 200.325, “Bonding requirements,” applies. There may be circumstances under which the bonding requirements of 2 CFR 200.325 are inconsistent with other responsibilities and obligations of the recipient. In such circumstances, acceptable methods to provide performance and payment assurance may include: (i) Dep… | ||||
| 24:24:4.1.3.1.24.1.41.17 | 24 | Housing and Urban Development | IX | 1000 | PART 1000—NATIVE AMERICAN HOUSING ACTIVITIES | A | Subpart A—General | § 1000.28 May a self-governance Indian tribe be exempted from the applicability of § 1000.26? | HUD | Yes. A self-governance Indian tribe shall certify that its administrative requirements, standards and systems meet or exceed the comparable requirements of § 1000.26. For purposes of this section, a self-governance Indian tribe is an Indian tribe that participates in tribal self-governance as authorized under Public Law 93-638, as amended (25 U.S.C. 450 et seq. ). | |||||
| 24:24:4.1.3.1.24.1.41.18 | 24 | Housing and Urban Development | IX | 1000 | PART 1000—NATIVE AMERICAN HOUSING ACTIVITIES | A | Subpart A—General | § 1000.30 What prohibitions regarding conflict of interest are applicable? | HUD | [63 FR 12349, Mar. 12, 1998, as amended at 80 FR 75944, Dec. 7, 2015] | (a) Applicability. In the procurement of supplies, equipment, other property, construction and services by recipients and subrecipients, the conflict of interest provisions of 2 CFR 200.318 shall apply. In all cases not governed by 2 CFR 200.318, the following provisions of this section shall apply. (b) Conflicts prohibited. No person who participates in the decision-making process or who gains inside information with regard to NAHASDA assisted activities may obtain a personal or financial interest or benefit from such activities, except for the use of NAHASDA funds to pay salaries or other related administrative costs. Such persons include anyone with an interest in any contract, subcontract or agreement or proceeds thereunder, either for themselves or others with whom they have business or immediate family ties. Immediate family ties are determined by the Indian tribe or TDHE in its operating policies. (c) The conflict of interest provision does not apply in instances where a person who might otherwise be included under the conflict provision is low-income and is selected for assistance in accordance with the recipient's written policies for eligibility, admission and occupancy of families for housing assistance with IHBG funds, provided that there is no conflict of interest under applicable tribal or state law. The recipient must make a public disclosure of the nature of assistance to be provided and the specific basis for the selection of the person. The recipient shall provide the appropriate Area ONAP with a copy of the disclosure before the assistance is provided to the person. | ||||
| 24:24:4.1.3.1.24.1.41.19 | 24 | Housing and Urban Development | IX | 1000 | PART 1000—NATIVE AMERICAN HOUSING ACTIVITIES | A | Subpart A—General | § 1000.32 May exceptions be made to the conflict of interest provisions? | HUD | (a) Yes. HUD may make exceptions to the conflict of interest provisions set forth in § 1000.30(b) on a case-by-case basis when it determines that such an exception would further the primary objective of NAHASDA and the effective and efficient implementation of the recipient's program, activity, or project. (b) A public disclosure of the conflict must be made and a determination that the exception would not violate tribal laws on conflict of interest (or any applicable state laws) must also be made. | |||||
| 24:24:4.1.3.1.24.1.41.2 | 24 | Housing and Urban Development | IX | 1000 | PART 1000—NATIVE AMERICAN HOUSING ACTIVITIES | A | Subpart A—General | § 1000.2 What are the guiding principles in the implementation of NAHASDA? | HUD | [63 FR 12349, Mar. 12, 1998, as amended at 77 FR 71521, Dec. 3, 2012] | (a) The Secretary shall use the following Congressional findings set forth in section 2 of NAHASDA as the guiding principles in the implementation of NAHASDA: (1) The Federal government has a responsibility to promote the general welfare of the Nation: (i) By using Federal resources to aid families and individuals seeking affordable homes in safe and healthy environments and, in particular, assisting responsible, deserving citizens who cannot provide fully for themselves because of temporary circumstances or factors beyond their control; (ii) By working to ensure a thriving national economy and a strong private housing market; and (iii) By developing effective partnerships among the Federal government, state, tribal, and local governments, and private entities that allow government to accept responsibility for fostering the development of a healthy marketplace and allow families to prosper without government involvement in their day-to-day activities. (2) There exists a unique relationship between the Government of the United States and the governments of Indian tribes and a unique Federal responsibility to Indian people. (3) The Constitution of the United States invests the Congress with plenary power over the field of Indian affairs, and through treaties, statutes, and historical relations with Indian tribes, the United States has undertaken a unique trust responsibility to protect and support Indian tribes and Indian people. (4) The Congress, through treaties, statutes, and the general course of dealing with Indian tribes, has assumed a trust responsibility for the protection and preservation of Indian tribes and for working with Indian tribes and their members to improve their housing conditions and socioeconomic status so that they are able to take greater responsibility for their own economic condition. (5) Providing affordable homes in safe and healthy environments is an essential element in the special role of the United States in helping Indian tribes and their members to improve their housing co… | ||||
| 24:24:4.1.3.1.24.1.41.20 | 24 | Housing and Urban Development | IX | 1000 | PART 1000—NATIVE AMERICAN HOUSING ACTIVITIES | A | Subpart A—General | § 1000.34 What factors must be considered in making an exception to the conflict of interest provisions? | HUD | In determining whether or not to make an exception to the conflict of interest provisions, HUD must consider whether undue hardship will result, either to the recipient or to the person affected, when weighed against the public interest served by avoiding the prohibited conflict. | |||||
| 24:24:4.1.3.1.24.1.41.21 | 24 | Housing and Urban Development | IX | 1000 | PART 1000—NATIVE AMERICAN HOUSING ACTIVITIES | A | Subpart A—General | § 1000.36 How long must a recipient retain records regarding exceptions made to the conflict of interest provisions? | HUD | A recipient must maintain all such records for a period of at least 3 years after an exception is made. | |||||
| 24:24:4.1.3.1.24.1.41.22 | 24 | Housing and Urban Development | IX | 1000 | PART 1000—NATIVE AMERICAN HOUSING ACTIVITIES | A | Subpart A—General | § 1000.38 What flood insurance requirements are applicable? | HUD | Under the Flood Disaster Protection Act of 1973, as amended (42 U.S.C. 4001-4128), a recipient may not permit the use of Federal financial assistance for acquisition and construction purposes (including rehabilitation) in an area identified by the Federal Emergency Management Agency (FEMA) as having special flood hazards, unless the following conditions are met: (a) The community in which the area is situated is participating in the National Flood Insurance Program in accord with section 202(a) of the Flood Disaster Protection Act of 1973 (42 U.S.C. 4106(a)), or less than a year has passed since FEMA notification regarding such flood hazards. For this purpose, the “community” is the governmental entity, such as an Indian tribe or authorized tribal organization, an Alaska Native village, or authorized Native organization, or a municipality or county, that has authority to adopt and enforce flood plain management regulations for the area; and (b) Where the community is participating in the National Flood Insurance Program, flood insurance on the building is obtained in compliance with section 102(a) of the Flood Disaster Protection Act of 1973 (42 U.S.C. 4012(a)); provided, that if the financial assistance is in the form of a loan or an insurance or guaranty of a loan, the amount of flood insurance required need not exceed the outstanding principal balance of the loan and need not be required beyond the term of the loan. | |||||
| 24:24:4.1.3.1.24.1.41.23 | 24 | Housing and Urban Development | IX | 1000 | PART 1000—NATIVE AMERICAN HOUSING ACTIVITIES | A | Subpart A—General | § 1000.40 Do lead-based paint poisoning prevention requirements apply to affordable housing activities under NAHASDA? | HUD | [64 FR 50230, Sept. 15, 1999; 65 FR 3387, Jan. 21, 2000] | Yes, lead-based paint requirements apply to housing activities assisted under NAHASDA. The applicable requirements for NAHASDA are HUD's regulations at part 35, subparts A, B, H, J, K, M and R of this title, which implement the Lead-Based Paint Poisoning Prevention Act (42 U.S.C. 4822-4846) and the Residential Lead-Based Paint Hazard Reduction Act of 1992 (42 U.S.C. 4851-4856). | ||||
| 24:24:4.1.3.1.24.1.41.24 | 24 | Housing and Urban Development | IX | 1000 | PART 1000—NATIVE AMERICAN HOUSING ACTIVITIES | A | Subpart A—General | § 1000.42 Are the requirements of Section 3 of the Housing and Urban Development Act of 1968 applicable? | HUD | [85 FR 61568, Sept. 29, 2020] | No. Recipients shall comply with Indian preference requirements of Section 7(b) of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5307(b)), or employment and contract preference laws adopted by the recipient's tribe in accordance with Section 101(k) of NAHASDA. | ||||
| 24:24:4.1.3.1.24.1.41.25 | 24 | Housing and Urban Development | IX | 1000 | PART 1000—NATIVE AMERICAN HOUSING ACTIVITIES | A | Subpart A—General | § 1000.44 What prohibitions on the use of debarred, suspended, or ineligible contractors apply? | HUD | [72 FR 73497, Dec. 27, 2007] | In addition to any tribal requirements, the prohibitions in 2 CFR part 2424 on the use of debarred, suspended, or ineligible contractors apply. | ||||
| 24:24:4.1.3.1.24.1.41.26 | 24 | Housing and Urban Development | IX | 1000 | PART 1000—NATIVE AMERICAN HOUSING ACTIVITIES | A | Subpart A—General | § 1000.46 Do drug-free workplace requirements apply? | HUD | [76 FR 45168, July 28, 2011] | Yes. In addition to any tribal requirements, the Drug-Free Workplace Act of 1988 (41 U.S.C. 701, et seq. ) and HUD's implementing regulations in 2 CFR part 2429 apply. | ||||
| 24:24:4.1.3.1.24.1.41.27 | 24 | Housing and Urban Development | IX | 1000 | PART 1000—NATIVE AMERICAN HOUSING ACTIVITIES | A | Subpart A—General | § 1000.48 Are Indian or tribal preference requirements applicable to IHBG activities? | HUD | [77 FR 71523, Dec. 3, 2012] | Grants under this part are subject to Indian preference under section 7(b) of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450e(b)) or, if applicable under section 101(k) of NAHASDA, tribal preference in employment and contracting. (a)(1) Section 7(b) provides that any contract, subcontract, grant, or subgrant pursuant to an act authorizing grants to Indian organizations or for the benefit of Indians shall require that, to the greatest extent feasible: (i) Preference and opportunities for training and employment shall be given to Indians; and (ii) Preference in the award of contracts and subcontracts shall be given to Indian organizations and Indian-owned economic enterprises as defined in section 3 of the Indian Financing Act of 1974 (25 U.S.C. 1452). (2) The following definitions apply: (i) The Indian Self-Determination and Education Assistance Act defines “Indian” to mean a person who is a member of an Indian tribe and defines “Indian tribe” to mean any Indian tribe, band, nation, or other organized group or community, including any Alaska Native village or regional or village corporation as defined or established pursuant to the Alaska Native Claims Settlement Act, which is recognized as eligible for the special programs and services provided by the United States to Indians because of their status as Indians. (ii) In section 3 of the Indian Financing Act of 1974, “economic enterprise” is defined as any Indian-owned commercial, industrial, or business activity established or organized for the purpose of profit, except that Indian ownership must constitute not less than 51 percent of the enterprise. This act defines “Indian organization” to mean the governing body of any Indian tribe or entity established or recognized by such governing body. (b) If tribal employment and contract preference laws have not been adopted by the Indian tribe, section 7(b) Indian preference provisions shall apply. (c) Exception for de minimis procurements. A recipient shall not be required to apply In… | ||||
| 24:24:4.1.3.1.24.1.41.28 | 24 | Housing and Urban Development | IX | 1000 | PART 1000—NATIVE AMERICAN HOUSING ACTIVITIES | A | Subpart A—General | § 1000.50 What tribal or Indian preference requirements apply to IHBG administration activities? | HUD | [77 FR 71523, Dec. 3, 2012] | (a) In accordance with Section 101(k) of NAHASDA, a recipient shall apply the tribal employment and contract preference laws (including regulations and tribal ordinances) adopted by the Indian tribe that receives a benefit from funds granted to the recipient under NAHASDA. (b) In the absence of tribal employment and contract preference laws, a recipient must, to the greatest extent feasible, give preference and opportunities for training and employment in connection with the administration of grants awarded under this part to Indians in accordance with section 7(b) of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450e(b)). | ||||
| 24:24:4.1.3.1.24.1.41.29 | 24 | Housing and Urban Development | IX | 1000 | PART 1000—NATIVE AMERICAN HOUSING ACTIVITIES | A | Subpart A—General | § 1000.52 What tribal or Indian preference requirements apply to IHBG procurement? | HUD | [77 FR 71523, Dec. 3, 2012, as amended at 80 FR 75944, Dec. 7, 2015] | (a) In accordance with Section 101(k) of NAHASDA, a recipient shall apply the tribal employment and contract preference laws (including regulations and tribal ordinances) adopted by the Indian tribe that receives a benefit from funds granted to the recipient under NAHASDA. (b) In the absence of tribal employment and contract preference laws, a recipient must, to the greatest extent feasible, give preference in the award of contracts for projects funded under this part to Indian organizations and Indian-owned economic enterprises in accordance with Section 7(b) of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450e(b)). (c) The following provisions apply to the application of Indian preference under paragraph (b) of this section: (1) In applying Indian preference, each recipient shall: (i) Certify to HUD that the policies and procedures adopted by the recipient will provide preference in procurement activities consistent with the requirements of section 7(b) of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450e(b)) (An Indian preference policy that was previously approved by HUD for a recipient will meet the requirements of this section); or (ii) Advertise for bids or proposals limited to qualified Indian organizations and Indian-owned enterprises; or (iii) Use a two-stage preference procedure, as follows: (A) Stage 1. Invite or otherwise solicit Indian-owned economic enterprises to submit a statement of intent to respond to a bid announcement or request for proposals limited to Indian-owned firms. (B) Stage 2. If responses are received from more than one Indian enterprise found to be qualified, advertise for bids or proposals limited to Indian organizations and Indian-owned economic enterprises. (2) If the recipient selects a method of providing preference that results in fewer than two responsible qualified organizations or enterprises submitting a statement of intent, a bid, or a proposal to perform the contract at a reasonable cost, then the recipient… | ||||
| 24:24:4.1.3.1.24.1.41.3 | 24 | Housing and Urban Development | IX | 1000 | PART 1000—NATIVE AMERICAN HOUSING ACTIVITIES | A | Subpart A—General | § 1000.4 What are the objectives of NAHASDA? | HUD | The primary objectives of NAHASDA are: (a) To assist and promote affordable housing activities to develop, maintain and operate affordable housing in safe and healthy environments on Indian reservations and in other Indian areas for occupancy by low-income Indian families; (b) To ensure better access to private mortgage markets for Indian tribes and their members and to promote self-sufficiency of Indian tribes and their members; (c) To coordinate activities to provide housing for Indian tribes and their members and to promote self-sufficiency of Indian tribes and their members; (d) To plan for and integrate infrastructure resources for Indian tribes with housing development for Indian tribes; and (e) To promote the development of private capital markets in Indian country and to allow such markets to operate and grow, thereby benefiting Indian communities. | |||||
| 24:24:4.1.3.1.24.1.41.30 | 24 | Housing and Urban Development | IX | 1000 | PART 1000—NATIVE AMERICAN HOUSING ACTIVITIES | A | Subpart A—General | § 1000.54 What procedures apply to complaints arising out of any of the methods of providing for Indian preference? | HUD | The following procedures are applicable to complaints arising out of any of the methods of providing for Indian preference contained in this part, including alternate methods. Tribal policies that meet or exceed the requirements of this section shall apply. (a) Each complaint shall be in writing, signed, and filed with the recipient. (b) A complaint must be filed with the recipient no later than 20 calendar days from the date of the action (or omission) upon which the complaint is based. (c) Upon receipt of a complaint, the recipient shall promptly stamp the date and time of receipt upon the complaint, and immediately acknowledge its receipt. (d) Within 20 calendar days of receipt of a complaint, the recipient shall either meet, or communicate by mail or telephone, with the complainant in an effort to resolve the matter. The recipient shall make a determination on a complaint and notify the complainant, in writing, within 30 calendar days of the submittal of the complaint to the recipient. The decision of the recipient shall constitute final administrative action on the complaint. | |||||
| 24:24:4.1.3.1.24.1.41.31 | 24 | Housing and Urban Development | IX | 1000 | PART 1000—NATIVE AMERICAN HOUSING ACTIVITIES | A | Subpart A—General | § 1000.56 How are NAHASDA funds paid by HUD to recipients? | HUD | (a) Each year funds shall be paid directly to a recipient in a manner that recognizes the right of Indian self-determination and tribal self-governance and the trust responsibility of the Federal government to Indian tribes consistent with NAHASDA. (b) Payments shall be made as expeditiously as practicable. | |||||
| 24:24:4.1.3.1.24.1.41.32 | 24 | Housing and Urban Development | IX | 1000 | PART 1000—NATIVE AMERICAN HOUSING ACTIVITIES | A | Subpart A—General | § 1000.58 Are there limitations on the investment of IHBG funds? | HUD | [63 FR 12349, Mar. 12, 1998, as amended at 77 FR 71524, Dec. 3, 2012] | (a) A recipient may invest IHBG funds for the purposes of carrying out affordable housing activities in investment securities and other obligations as provided in this section. (b) The recipient may invest IHBG funds so long as it demonstrates to HUD: (1) That there are no unresolved significant and material audit findings or exceptions in the most recent annual audit completed under the Single Audit Act or in an independent financial audit prepared in accordance with generally accepted auditing principles; and (2) That it is a self-governance Indian tribe or that it has the administrative capacity and controls to responsibly manage the investment. For purposes of this section, a self-governance Indian tribe is an Indian tribe that participates in tribal self-governance as authorized under Public Law 93-638, as amended (25 U.S.C. 450 et seq. ). (c) Recipients shall invest IHBG funds only in: (1) Obligations of the United States; obligations issued by Government sponsored agencies; securities that are guaranteed or insured by the United States; mutual (or other) funds registered with the Securities and Exchange Commission and which invest only in obligations of the United States or securities that are guaranteed or insured by the United States; or (2) Accounts that are insured by an agency or instrumentality of the United States or fully collateralized to ensure protection of the funds, even in the event of bank failure. (d) IHBG funds shall be held in one or more accounts separate from other funds of the recipient. Each of these accounts shall be subject to an agreement in a form prescribed by HUD sufficient to implement the regulations in this part and permit HUD to exercise its rights under § 1000.60. (e) Expenditure of funds for affordable housing activities under section 204(a) of NAHASDA shall not be considered investment. (f) A recipient may invest its IHBG annual grant in an amount equal to the annual formula grant amount. (g) Investments under this section may be for a period no longer than 5 y… | ||||
| 24:24:4.1.3.1.24.1.41.33 | 24 | Housing and Urban Development | IX | 1000 | PART 1000—NATIVE AMERICAN HOUSING ACTIVITIES | A | Subpart A—General | § 1000.60 Can HUD prevent improper expenditure of funds already disbursed to a recipient? | HUD | [77 FR 71524, Dec. 3, 2012] | Yes. In accordance with the standards and remedies contained in § 1000.532 relating to substantial noncompliance, HUD will use its powers under a depository agreement and take such other actions as may be legally necessary to suspend funds disbursed to the recipient until the substantial noncompliance has been remedied. In taking this action, HUD shall comply with all appropriate procedures, appeals, and hearing rights prescribed elsewhere in this part. | ||||
| 24:24:4.1.3.1.24.1.41.34 | 24 | Housing and Urban Development | IX | 1000 | PART 1000—NATIVE AMERICAN HOUSING ACTIVITIES | A | Subpart A—General | § 1000.62 What is considered program income? | HUD | [63 FR 12349, Mar. 12, 1998, as amended at 77 FR 71524, Dec. 3, 2012] | (a) Program income is defined as any income that is realized from the disbursement of grant amounts. Program income does not include any amounts generated from the operation of 1937 Act units unless the units are assisted with grant amounts and the income is attributable to such assistance. Program income includes income from fees for services performed from the use of real or rental of real or personal property acquired with grant funds, from the sale of commodities or items developed, acquired, etc. with grant funds, and from payments of principal and interest earned on grant funds prior to disbursement. (b) If the amount of income received in a single year by a recipient and all its subrecipients, which would otherwise be considered program income, does not exceed $25,000, such funds may be retained but will not be considered to be or treated as program income. (c) If program income is realized from an eligible activity funded with both grant funds as well as other funds (i.e., funds that are not grant funds), then the amount of program income realized will be based on a percentage calculation that represents the proportional share of funds provided for the activity generating the program income. (d) Costs incident to the generation of program income shall be deducted from gross income to determine program income. | ||||
| 24:24:4.1.3.1.24.1.41.35 | 24 | Housing and Urban Development | IX | 1000 | PART 1000—NATIVE AMERICAN HOUSING ACTIVITIES | A | Subpart A—General | § 1000.64 What are the permissible uses of program income? | HUD | [77 FR 71524, Dec. 3, 2012] | Program income may be used for any housing or housing related activity and is not subject to other federal requirements. | ||||
| 24:24:4.1.3.1.24.1.41.36 | 24 | Housing and Urban Development | IX | 1000 | PART 1000—NATIVE AMERICAN HOUSING ACTIVITIES | A | Subpart A—General | § 1000.66 Housing counseling. | HUD | [89 FR 49808, June 12, 2024] | Housing counseling, as defined in 24 CFR 5.100, that is required under or provided in connection with IHBG funds must be carried out in accordance with 24 CFR 5.111. Housing counseling conducted in connection with the IHBG program may only be conducted by individuals who are HUD-certified in accordance with 24 CFR part 214, subpart F. | ||||
| 24:24:4.1.3.1.24.1.41.4 | 24 | Housing and Urban Development | IX | 1000 | PART 1000—NATIVE AMERICAN HOUSING ACTIVITIES | A | Subpart A—General | § 1000.6 What is the nature of the IHBG program? | HUD | The IHBG program is formula driven whereby eligible recipients of funding receive an equitable share of appropriations made by the Congress, based upon formula components specified under subpart D of this part. IHBG recipients must have the administrative capacity to undertake the affordable housing activities proposed, including the systems of internal control necessary to administer these activities effectively without fraud, waste, or mismanagement. | |||||
| 24:24:4.1.3.1.24.1.41.5 | 24 | Housing and Urban Development | IX | 1000 | PART 1000—NATIVE AMERICAN HOUSING ACTIVITIES | A | Subpart A—General | § 1000.8 May provisions of these regulations be waived? | HUD | Yes. Upon determination of good cause, the Secretary may, subject to statutory limitations, waive any provision of this part and delegate this authority in accordance with section 106 of the Department of Housing and Urban Development Reform Act of 1989 (42 U.S.C. 3535(q)). | |||||
| 24:24:4.1.3.1.24.1.41.6 | 24 | Housing and Urban Development | IX | 1000 | PART 1000—NATIVE AMERICAN HOUSING ACTIVITIES | A | Subpart A—General | § 1000.9 How is negotiated rulemaking conducted when promulgating NAHASDA regulations? | HUD | [77 FR 71521, Dec. 3, 2012] | The negotiated rulemaking procedures and requirements set out in section 106(b) of NAHASDA shall be conducted as follows: (a) Committee membership. In forming a negotiated rulemaking committee, HUD shall appoint as committee members representatives of the Federal Government and representatives of diverse tribes and program recipients. (b) Initiation of rulemaking. HUD shall initiate a negotiated rulemaking not later than 90 days after the enactment of any act to reauthorize or significantly amend NAHASDA. (c) Work groups. Negotiated rulemaking committees may form workgroups made up of committee members and other interested parties to meet during committee sessions and between sessions to develop specific rulemaking proposals for committee consideration. (d) Further review. Negotiated rulemaking committees shall provide recommended rules to HUD. Once rules are proposed by HUD, they shall be published for comment in the Federal Register. Any comments will be further reviewed by the committee and HUD before HUD determines if the rule or rules will be adopted. | ||||
| 24:24:4.1.3.1.24.1.41.7 | 24 | Housing and Urban Development | IX | 1000 | PART 1000—NATIVE AMERICAN HOUSING ACTIVITIES | A | Subpart A—General | § 1000.10 What definitions apply in these regulations? | HUD | [63 FR 12349, Mar. 12, 1998, as amended at 77 FR 71522, Dec. 3, 2012] | Except as noted in a particular subpart, the following definitions apply in this part: (a) The terms “ Adjusted income ,” “ Affordable housing ,” “ Drug-related criminal activity ,” “ Elderly families and near-elderly families ,” “ Elderly person ,” “ Grant beneficiary ,” “ Indian ,” “ Indian housing plan (IHP) ,” “ Indian tribe ,” “ Low-income family ,” “ Near-elderly persons ,” “ Nonprofit ,” “ Recipient ,” Secretary ,” “ State ,” and “ Tribally designated housing entity (TDHE) ” are defined in section 4 of NAHASDA. (b) In addition to the definitions set forth in paragraph (a) of this section, the following definitions apply to this part: Affordable housing activities are those activities identified in section 202 of NAHASDA. Annual Contributions Contract (ACC) means a contract under the 1937 Act between HUD and an IHA containing the terms and conditions under which HUD assists the IHA in providing decent, safe, and sanitary housing for low-income families. Annual income has one of the following meanings, as determined by the Indian tribe: (1) “Annual income” as defined for HUD's Section 8 programs in 24 CFR part 5, subpart F (except when determining the income of a homebuyer for an owner-occupied rehabilitation project, the value of the homeowner's principal residence may be excluded from the calculation of Net Family assets); or (2) Annual income as reported under the Census long-form for the most recent available decennial Census. This definition includes: (i) Wages, salaries, tips, commissions, etc.; (ii) Self-employment income; (iii) Farm self-employment income; (iv) Interest, dividends, net rental income, or income from estates or trusts; (v) Social security or railroad retirement; (vi) Supplemental Security Income, Aid to Families with Dependent Children, or other public assistance or public welfare programs; (vii) Retirement, survivor, or disability pensions; and (viii) Any other sources of income received regularly, including Veterans' (VA) payments, unemployment compensation, and al… | ||||
| 24:24:4.1.3.1.24.1.41.8 | 24 | Housing and Urban Development | IX | 1000 | PART 1000—NATIVE AMERICAN HOUSING ACTIVITIES | A | Subpart A—General | § 1000.12 What nondiscrimination requirements are applicable? | HUD | [63 FR 12349, Mar. 12, 1998, as amended at 77 FR 71522, Dec. 3, 2012; 81 FR 80993, Nov. 17, 2016] | (a) The requirements of the Age Discrimination Act of 1975 (42 U.S.C. 6101-6107) and HUD's implementing regulations in 24 CFR part 146. (b) Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794) and HUD's regulations at 24 CFR part 8 apply. (c) The Indian Civil Rights Act (Title II of the Civil Rights Act of 1968; 25 U.S.C. 1301-1303), applies to Federally recognized Indian tribes that exercise powers of self-government. (d) Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d) and Title VIII of the Civil Rights Act of 1968 (42 U.S.C. 3601 et seq. ) apply to Indian tribes that are not covered by the Indian Civil Rights Act. The Title VI and Title VIII requirements do not apply to actions under NAHASDA by federally recognized Indian tribes and their TDHEs. State-recognized Indian tribes and their TDHEs may provide preference for tribal members and other Indian families pursuant to NAHASDA sections 201(b) and 101(k) (relating to tribal preference in employment and contracting). (e) The equal access to HUD-assisted or -insured housing requirements in 24 CFR 5.105(a)(2). | ||||
| 24:24:4.1.3.1.24.1.41.9 | 24 | Housing and Urban Development | IX | 1000 | PART 1000—NATIVE AMERICAN HOUSING ACTIVITIES | A | Subpart A—General | § 1000.14 What relocation and real property acquisition policies are applicable? | HUD | The following relocation and real property acquisition policies are applicable to programs developed or operated under NAHASDA: (a) Real Property acquisition requirements. The acquisition of real property for an assisted activity is subject to 49 CFR part 24, subpart B. Whenever the recipient does not have the authority to acquire the real property through condemnation, it shall: (1) Before discussing the purchase price, inform the owner: (i) Of the amount it believes to be the fair market value of the property. Such amount shall be based upon one or more appraisals prepared by a qualified appraiser. However, this provision does not prevent the recipient from accepting a donation or purchasing the real property at less than its fair market value. (ii) That it will be unable to acquire the property if negotiations fail to result in an amicable agreement. (2) Request HUD approval of the proposed acquisition price before executing a firm commitment to purchase the property if the proposed acquisition payment exceeds the fair market value. The recipient shall include with its request a copy of the appraisal(s) and a justification for the proposed acquisition payment. HUD will promptly review the proposal and inform the recipient of its approval or disapproval. (b) Minimize displacement. Consistent with the other goals and objectives of this part, recipients shall assure that they have taken all reasonable steps to minimize the displacement of persons (households, businesses, nonprofit organizations, and farms) as a result of a project assisted under this part. (c) Temporary relocation. The following policies cover residential tenants and homebuyers who will not be required to move permanently but who must relocate temporarily for the project. Such residential tenants and homebuyers shall be provided: (1) Reimbursement for all reasonable out-of-pocket expenses incurred in connection with the temporary relocation, including the cost of moving to and from the temporarily occupied housing and any increase i… | |||||
| 24:24:4.1.3.1.24.2.41.1 | 24 | Housing and Urban Development | IX | 1000 | PART 1000—NATIVE AMERICAN HOUSING ACTIVITIES | B | Subpart B—Affordable Housing Activities | § 1000.101 What is affordable housing? | HUD | Eligible affordable housing is defined in section 4(2) of NAHASDA and is described in title II of NAHASDA. | |||||
| 24:24:4.1.3.1.24.2.41.10 | 24 | Housing and Urban Development | IX | 1000 | PART 1000—NATIVE AMERICAN HOUSING ACTIVITIES | B | Subpart B—Affordable Housing Activities | § 1000.116 What should HUD do before declining a proposal to provide assistance to non low-income families or a model housing activity? | HUD | [77 FR 71525, Dec. 3, 2012] | HUD shall consult with a recipient regarding the recipient's proposal to provide assistance to non-low-income families or a model housing activity. To the extent that resources are available, HUD shall provide technical assistance to the recipient in amending and modifying the proposal, if necessary. In case of a denial, HUD shall give the specific reasons for the denial. | ||||
| 24:24:4.1.3.1.24.2.41.11 | 24 | Housing and Urban Development | IX | 1000 | PART 1000—NATIVE AMERICAN HOUSING ACTIVITIES | B | Subpart B—Affordable Housing Activities | § 1000.118 What recourse does a recipient have if HUD disapproves a proposal to provide assistance to non-low-income families or a model housing activity? | HUD | [63 FR 12349, Mar. 12, 1998, as amended at 77 FR 71525, Dec. 3, 2012] | (a) Within 30 calendar days of receiving HUD's denial of a proposal to provide assistance to non-low-income families or a model housing activity, the recipient may request reconsideration of the denial in writing. The request shall set forth justification for the reconsideration. (b) Within twenty calendar days of receiving the request, HUD shall reconsider the recipient's request and either affirm or reverse its initial decision in writing, setting forth its reasons for the decision. If the decision was made by the Assistant Secretary, the decision will constitute final agency action. If the decision was made at a lower level, then paragraphs (c) and (d) of this section will apply. (c) The recipient may appeal any denial of reconsideration by filing an appeal with the Assistant Secretary within twenty calendar days of receiving the denial. The appeal shall set forth the reasons why the recipient does not agree with HUD's decision and set forth justification for the reconsideration. (d) Within twenty calendar days of receipt of the appeal, the Assistant Secretary shall review the recipient's appeal and act on the appeal, setting forth the reasons for the decision. | ||||
| 24:24:4.1.3.1.24.2.41.12 | 24 | Housing and Urban Development | IX | 1000 | PART 1000—NATIVE AMERICAN HOUSING ACTIVITIES | B | Subpart B—Affordable Housing Activities | § 1000.120 May a recipient use Indian preference or tribal preference in selecting families for housing assistance? | HUD | Yes. The IHP may set out a preference for the provision of housing assistance to Indian families who are members of the Indian tribe or to other Indian families if the recipient has adopted the preference in its admissions policy. The recipient shall ensure that housing activities funded under NAHASDA are subject to the preference. | |||||
| 24:24:4.1.3.1.24.2.41.13 | 24 | Housing and Urban Development | IX | 1000 | PART 1000—NATIVE AMERICAN HOUSING ACTIVITIES | B | Subpart B—Affordable Housing Activities | § 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? | HUD | There is no prohibition in NAHASDA against using grant funds as matching funds. | |||||
| 24:24:4.1.3.1.24.2.41.14 | 24 | Housing and Urban Development | IX | 1000 | PART 1000—NATIVE AMERICAN HOUSING ACTIVITIES | B | Subpart B—Affordable Housing Activities | § 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? | HUD | A recipient can charge a low-income rental tenant or homebuyer rent or homebuyer payments not to exceed 30 percent of the adjusted income of the family. The recipient may also decide to compute its rental and homebuyer payments on any lesser percentage of adjusted income of the family. This requirement applies only to units assisted with NAHASDA grant amounts. NAHASDA does not set minimum rents or homebuyer payments; however, a recipient may do so. | |||||
| 24:24:4.1.3.1.24.2.41.15 | 24 | Housing and Urban Development | IX | 1000 | PART 1000—NATIVE AMERICAN HOUSING ACTIVITIES | B | Subpart B—Affordable Housing Activities | § 1000.126 May a recipient charge flat or income-adjusted rents? | HUD | Yes, providing the rental or homebuyer payment of the low-income family does not exceed 30 percent of the family's adjusted income. | |||||
| 24:24:4.1.3.1.24.2.41.16 | 24 | Housing and Urban Development | IX | 1000 | PART 1000—NATIVE AMERICAN HOUSING ACTIVITIES | B | Subpart B—Affordable Housing Activities | § 1000.128 Is income verification required for assistance under NAHASDA? | HUD | (a) Yes, the recipient must verify that the family is income eligible based on anticipated annual income. The family is required to provide documentation to verify this determination. The recipient is required to maintain the documentation on which the determination of eligibility is based. (b) The recipient may require a family to periodically verify its income in order to determine housing payments or continued occupancy consistent with locally adopted policies. When income verification is required, the family must provide documentation which verifies its income, and this documentation must be retained by the recipient. | |||||
| 24:24:4.1.3.1.24.2.41.17 | 24 | Housing and Urban Development | IX | 1000 | PART 1000—NATIVE AMERICAN HOUSING ACTIVITIES | B | Subpart B—Affordable Housing Activities | § 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? | HUD | Yes. A recipient may charge a non low-income family rents or homebuyer payments which are more than 30 percent of the family's adjusted income. | |||||
| 24:24:4.1.3.1.24.2.41.18 | 24 | Housing and Urban Development | IX | 1000 | PART 1000—NATIVE AMERICAN HOUSING ACTIVITIES | B | Subpart B—Affordable Housing Activities | § 1000.132 Are utilities considered a part of rent or homebuyer payments? | HUD | Utilities may be considered a part of rent or homebuyer payments if a recipient decides to define rent or homebuyer payments to include utilities in its written policies on rents and homebuyer payments required by section 203(a)(1) of NAHASDA. A recipient may define rents and homebuyer payments to exclude utilities. | |||||
| 24:24:4.1.3.1.24.2.41.19 | 24 | Housing and Urban Development | IX | 1000 | PART 1000—NATIVE AMERICAN HOUSING ACTIVITIES | B | Subpart B—Affordable Housing Activities | § 1000.134 When may a recipient (or entity funded by a recipient) demolish or dispose of current assisted stock? | HUD | (a) A recipient (or entity funded by a recipient) may undertake a planned demolition or disposal of current assisted stock owned by the recipient or an entity funded by the recipient when: (1) A financial analysis demonstrates that it is more cost-effective or housing program-effective for the recipient to demolish or dispose of the unit than to continue to operate or own it; or (2) The housing unit has been condemned by the government which has authority over the unit; or (3) The housing unit is an imminent threat to the health and safety of housing residents; or (4) Continued habitation of a housing unit is inadvisable due to cultural or historical considerations. (b) No action to demolish or dispose of the property other than performing the analysis cited in paragraph (a) of this section can be taken until HUD has been notified in writing of the recipient's intent to demolish or dispose of the housing units consistent with section 102(c)(4)(H) of NAHASDA. The written notification must set out the analysis used to arrive at the decision to demolish or dispose of the property and may be set out in a recipient's IHP or in a separate submission to HUD. (c) In any disposition sale of a housing unit, a sale process designed to maximize the sale price will be used. However, where the sale is to a low-income Indian family, the home may be disposed of without maximizing the sale price so long as such price is consistent with a recipient's IHP. The sale proceeds from the disposition of any housing unit are program income under NAHASDA and must be used in accordance with the requirements of NAHASDA and these regulations. | |||||
| 24:24:4.1.3.1.24.2.41.2 | 24 | Housing and Urban Development | IX | 1000 | PART 1000—NATIVE AMERICAN HOUSING ACTIVITIES | B | Subpart B—Affordable Housing Activities | § 1000.102 What are eligible affordable housing activities? | HUD | Eligible affordable housing activities are those described in section 202 of NAHASDA. | |||||
| 24:24:4.1.3.1.24.2.41.20 | 24 | Housing and Urban Development | IX | 1000 | PART 1000—NATIVE AMERICAN HOUSING ACTIVITIES | B | Subpart B—Affordable Housing Activities | § 1000.136 What insurance requirements apply to housing units assisted with NAHASDA grants? | HUD | (a) The recipient shall provide adequate insurance either by purchasing insurance or by indemnification against casualty loss by providing insurance in adequate amounts to indemnify the recipient against loss from fire, weather, and liability claims for all housing units owned or operated by the recipient. (b) The recipients shall not require insurance on units assisted by grants to families for privately owned housing if there is no risk of loss or exposure to the recipient or if the assistance is in an amount less than $5000, but will require insurance when repayment of all or part of the assistance is part of the assistance agreement. (c) The recipient shall require contractors and subcontractors to either provide insurance covering their activities or negotiate adequate indemnification coverage to be provided by the recipient in the contract. (d) These requirements are in addition to applicable flood insurance requirements under § 1000.38. | |||||
| 24:24:4.1.3.1.24.2.41.21 | 24 | Housing and Urban Development | IX | 1000 | PART 1000—NATIVE AMERICAN HOUSING ACTIVITIES | B | Subpart B—Affordable Housing Activities | § 1000.138 What constitutes adequate insurance? | HUD | Insurance is adequate if it is a purchased insurance policy from an insurance provider or a plan of self-insurance in an amount that will protect the financial stability of the recipient's IHBG program. Recipients may purchase the required insurance without regard to competitive selection procedures from nonprofit insurance entities which are owned and controlled by recipients and which have been approved by HUD. | |||||
| 24:24:4.1.3.1.24.2.41.22 | 24 | Housing and Urban Development | IX | 1000 | PART 1000—NATIVE AMERICAN HOUSING ACTIVITIES | B | Subpart B—Affordable Housing Activities | § 1000.139 What are the standards for insurance entities owned and controlled by recipients? | HUD | [72 FR 29740, May 29, 2007] | (a) General. A recipient may provide insurance coverage required by section 203(c) of NAHASDA and §§ 1000.136 and 1000.138 through a self-insurance plan, approved by HUD in accordance with this section, provided by a nonprofit insurance entity that is wholly owned and controlled by IHBG recipients. (b) Self-insurance plan. An Indian housing self-insurance plan must be shown to meet the requirements of paragraph (c) of this section. (c) Application. For a self-insurance plan to be approved by HUD, an application and supporting materials must be submitted containing the information specified in paragraphs (c)(1) through (c)(9) of this section. Any material changes made to these documents after initial approval must be submitted to HUD. Adverse material changes may cause HUD to revoke its approval of a self-insurance entity. The application submitted to HUD must show that: (1) The plan is organized as an insurance entity, tribal self-insurance plan, tribal risk retention group, or Indian housing self-insurance risk pool; (2) The plan limits participation to IHBG recipients; (3) The plan operates on a nonprofit basis; (4)(i) The plan employs or contracts with a third party to provide competent underwriting and management staff; (A) The underwriting staff must be composed of insurance professionals with an average of at least five years of experience in large risk commercial underwriting exceeding $100,000 in annual premiums or at least five years of experience in underwriting risks for public entity plans of self-insurance; (B) The management staff must have at least one senior manager who has a minimum of five years of insurance experience at the level of vice president of a property or casualty insurance entity; as a senior branch manager of a branch office with annual property or casualty premiums exceeding five million dollars; or as a senior manager of a public entity self-insurance risk pool; (ii) Satisfaction of this requirement may be demonstrated by evidence such as résumés and employment hist… | ||||
| 24:24:4.1.3.1.24.2.41.23 | 24 | Housing and Urban Development | IX | 1000 | PART 1000—NATIVE AMERICAN HOUSING ACTIVITIES | B | Subpart B—Affordable Housing Activities | § 1000.140 May a recipient use grant funds to purchase insurance for privately owned housing to protect NAHASDA grant amounts spent on that housing? | HUD | Yes. All purchases of insurance must be in accordance with §§ 1000.136 and 1000.138. | |||||
| 24:24:4.1.3.1.24.2.41.24 | 24 | Housing and Urban Development | IX | 1000 | PART 1000—NATIVE AMERICAN HOUSING ACTIVITIES | B | Subpart B—Affordable Housing Activities | § 1000.141 What is “useful life” and how is it related to affordability? | HUD | [77 FR 71525, Dec. 3, 2012] | Useful life is the time period during which an assisted property must remain affordable, as defined in section 205(a) of NAHASDA. | ||||
| 24:24:4.1.3.1.24.2.41.25 | 24 | Housing and Urban Development | IX | 1000 | PART 1000—NATIVE AMERICAN HOUSING ACTIVITIES | B | Subpart B—Affordable Housing Activities | § 1000.142 How does a recipient determine 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? | HUD | [77 FR 71525, Dec. 3, 2012] | To the extent required in the IHP, each recipient shall describe its determination of the useful life of the assisted housing units in its developments in accordance with the local conditions of the Indian area of the recipient. By approving the plan, HUD determines the useful life in accordance with section 205(a)(2) of NAHASDA and for purposes of section 209. | ||||
| 24:24:4.1.3.1.24.2.41.26 | 24 | Housing and Urban Development | IX | 1000 | PART 1000—NATIVE AMERICAN HOUSING ACTIVITIES | B | Subpart B—Affordable Housing Activities | § 1000.143 How does a recipient implement its useful life requirements? | HUD | [77 FR 71526, Dec. 3, 2012] | A recipient implements its useful life requirements by placing a binding commitment, satisfactory to HUD, on the assisted property. | ||||
| 24:24:4.1.3.1.24.2.41.27 | 24 | Housing and Urban Development | IX | 1000 | PART 1000—NATIVE AMERICAN HOUSING ACTIVITIES | B | Subpart B—Affordable Housing Activities | § 1000.144 What are binding commitments satisfactory to HUD? | HUD | [77 FR 71526, Dec. 3, 2012] | A binding commitment satisfactory to HUD is a written use restriction agreement, developed by the recipient, and placed on an assisted property for the period of its useful life. | ||||
| 24:24:4.1.3.1.24.2.41.28 | 24 | Housing and Urban Development | IX | 1000 | PART 1000—NATIVE AMERICAN HOUSING ACTIVITIES | B | Subpart B—Affordable Housing Activities | § 1000.145 Are Mutual Help homes developed under the 1937 Act subject to the useful life provisions of section 205(a)(2)? | HUD | [63 FR 12349, Mar. 12, 1998. Redesignated at 77 FR 71526, Dec. 3, 2012] | No. | ||||
| 24:24:4.1.3.1.24.2.41.29 | 24 | Housing and Urban Development | IX | 1000 | PART 1000—NATIVE AMERICAN HOUSING ACTIVITIES | B | Subpart B—Affordable Housing Activities | § 1000.146 Are binding commitments for the remaining useful life of property applicable to a family member or household member who subsequently takes ownership of a homeownership unit? | HUD | [77 FR 71526, Dec. 3, 2012] | No. The transfer of a homeownership unit to a family member or household member is not subject to a binding commitment for the remaining useful life of the property. Any subsequent transfer by the family member or household member to a third party (not a family member or household member) is subject to any remaining useful life under a binding commitment. | ||||
| 24:24:4.1.3.1.24.2.41.3 | 24 | Housing and Urban Development | IX | 1000 | PART 1000—NATIVE AMERICAN HOUSING ACTIVITIES | B | Subpart B—Affordable Housing Activities | § 1000.103 How may IHBG funds be used for tenant-based or project-based rental assistance? | HUD | [72 FR 59004, Oct. 18, 2007] | (a) IHBG funds may be used for project-based or tenant-based rental assistance. (b) IHBG funds may be used for project-based or tenant-based rental assistance that is provided in a manner consistent with section 8 of the United States Housing Act of 1937 (42 U.S.C. 1437f). (c) IHBG funds used for project-based or tenant-based rental assistance must comply with the requirements of NAHASDA and this part. | ||||
| 24:24:4.1.3.1.24.2.41.30 | 24 | Housing and Urban Development | IX | 1000 | PART 1000—NATIVE AMERICAN HOUSING ACTIVITIES | B | Subpart B—Affordable Housing Activities | § 1000.147 When does housing qualify as affordable housing under NAHASDA? | HUD | [63 FR 12349, Mar. 12, 1998. Redesignated at 77 FR 71526, Dec. 3, 2012] | (a) Housing qualifies as affordable housing, provided that the family occupying the unit is low-income at the following times: (1) In the case of rental housing, at the time of the family's initial occupancy of such unit; (2) In the case of a contract to purchase existing housing, at the time of purchase; (3) In the case of a lease-purchase agreement for existing housing or for housing to be constructed, at the time the agreement is signed; and (4) In the case of a contract to purchase housing to be constructed, at the time the contract is signed. (b) Families that are not low-income as described in this section may be eligible under § 1000.104 or § 1000.110. | ||||
| 24:24:4.1.3.1.24.2.41.31 | 24 | Housing and Urban Development | IX | 1000 | PART 1000—NATIVE AMERICAN HOUSING ACTIVITIES | B | Subpart B—Affordable Housing Activities | § 1000.150 How may Indian tribes and TDHEs receive criminal conviction information on applicants for employment and on adult applicants for housing assistance, or tenants? | HUD | [63 FR 12349, Mar. 12, 1998, as amended at 77 FR 71526, Dec. 3, 2012] | (a) As required by section 208 of NAHASDA, the National Crime Information Center, police departments, and other law enforcement agencies shall provide criminal conviction information to Indian tribes and TDHEs upon request. Information regarding juveniles shall only be released to the extent such release is authorized by the law of the applicable state, Indian tribe or locality. (b) For purposes of this section, the term “ tenants ” includes homebuyers who are purchasing a home pursuant to a lease purchase agreement. | ||||
| 24:24:4.1.3.1.24.2.41.32 | 24 | Housing and Urban Development | IX | 1000 | PART 1000—NATIVE AMERICAN HOUSING ACTIVITIES | B | Subpart B—Affordable Housing Activities | § 1000.152 How is the recipient to use criminal conviction information? | HUD | [77 FR 71526, Dec. 3, 2012] | (a) With regard to adult tenants and applicants for housing assistance, the recipient shall use the criminal conviction information described in § 1000.150 only for applicant screening, lease enforcement, and eviction actions. (b) With regard to applicants for employment, the recipient shall use the criminal conviction information described in § 1000.150 for the purposes set out in section 208 of NAHASDA. (c) The criminal conviction information described in § 1000.150 may be disclosed only to any person who has a job-related need for the information and who is an authorized officer, employee, or representative of the recipient or the owner of housing assisted under NAHASDA. | ||||
| 24:24:4.1.3.1.24.2.41.33 | 24 | Housing and Urban Development | IX | 1000 | PART 1000—NATIVE AMERICAN HOUSING ACTIVITIES | B | Subpart B—Affordable Housing Activities | § 1000.154 How is the recipient to keep criminal conviction information confidential? | HUD | (a) The recipient will keep all the criminal conviction record information it receives from the official law enforcement agencies listed in § 1000.150 in files separate from all other housing records. (b) These criminal conviction records will be kept under lock and key and be under the custody and control of the recipient's housing executive director/lead official and/or his designee for such records. (c) These criminal conviction records may only be accessed with the written permission of the Indian tribe's or TDHE's housing executive director/lead official and/or his designee and are only to be used for the purposes stated in section 208 of NAHASDA and these regulations. | |||||
| 24:24:4.1.3.1.24.2.41.34 | 24 | Housing and Urban Development | IX | 1000 | PART 1000—NATIVE AMERICAN HOUSING ACTIVITIES | B | Subpart B—Affordable Housing Activities | § 1000.156 Is affordable housing developed, acquired, or assisted under the IHBG program subject to limitations on cost or design standards? | HUD | [66 FR 49790, Sept. 28, 2001] | Yes. Affordable housing must be of moderate design. For these purposes, moderate design is defined as housing that is of a size and with amenities consistent with unassisted housing offered for sale in the Indian tribe's general geographic area to buyers who are at or below the area median income. The local determination of moderate design applies to all housing assisted under an affordable housing activity, including development activities ( e.g., acquisition, new construction, reconstruction, moderate or substantial rehabilitation of affordable housing and homebuyer assistance) and model activities. Acquisition includes assistance to a family to buy housing. Units with the same number of bedrooms must be comparable with respect to size, cost and amenities. | ||||
| 24:24:4.1.3.1.24.2.41.35 | 24 | Housing and Urban Development | IX | 1000 | PART 1000—NATIVE AMERICAN HOUSING ACTIVITIES | B | Subpart B—Affordable Housing Activities | § 1000.158 How will a NAHASDA grant recipient know that the housing assisted under the IHBG program meets the requirements of § 1000.156? | HUD | [66 FR 49790, Sept. 28, 2001] | (a) A recipient must use one of the methods specified in paragraph (b) or (c) of this section to determine if an assisted housing project meets the moderate design requirements of § 1000.156. For purposes of this requirement, a project is one or more housing units, of comparable size, cost, amenities and design, developed with assistance provided by the Act. (b) The recipient may adopt written standards for its affordable housing programs that reflect the requirement specified in § 1000.156. The standards must describe the type of housing, explain the basis for the standards, and use similar housing in the Indian tribe's general geographic area. For each affordable housing project, the recipient must maintain documentation substantiating compliance with the adopted housing standards. The standards and documentation substantiating compliance for each activity must be available for review by the general public and, upon request, by HUD. Prior to awarding a contract for the construction of housing or beginning construction using its own workforce, the recipient must complete a comparison of the cost of developing or acquiring/rehabilitating the affordable housing with the limits provided by the TDC discussed in paragraph (c) of this section and may not, without prior HUD approval, exceed by more than 10 percent the TDC maximum cost for the project. In developing standards under this paragraph, the recipient must establish, maintain, and follow policies that determine a local definition of moderate design which considers: (1) Gross area; (2) Total cost to provide the housing; (3) Environmental concerns and mitigations; (4) Climate; (5) Comparable housing in geographical area; (6) Local codes, ordinances and standards; (7) Cultural relevance in design; (8) Design and construction features that are reasonable, and necessary to provide decent, safe, sanitary and affordable housing; and (9) Design and construction features that are accessible to persons with a variety of disabilities. (c) If the recipient has … | ||||
| 24:24:4.1.3.1.24.2.41.36 | 24 | Housing and Urban Development | IX | 1000 | PART 1000—NATIVE AMERICAN HOUSING ACTIVITIES | B | Subpart B—Affordable Housing Activities | § 1000.160 Are non-dwelling structures developed, acquired or assisted under the IHBG program subject to limitations on cost or design standards? | HUD | [66 FR 49790, Sept. 28, 2001] | Yes. Non-dwelling structures must be of a design, size and with features or amenities that are reasonable and necessary to accomplish the purpose intended by the structures. The purpose of a non-dwelling structure must be to support an affordable housing activity, as defined by the Act. | ||||
| 24:24:4.1.3.1.24.2.41.37 | 24 | Housing and Urban Development | IX | 1000 | PART 1000—NATIVE AMERICAN HOUSING ACTIVITIES | B | Subpart B—Affordable Housing Activities | § 1000.162 How will a recipient know that non-dwelling structures assisted under the IHBG program meet the requirements of 1000.160? | HUD | [66 FR 49790, Sept. 28, 2001] | (a) The recipient must use one of the methods described in paragraph (b) or (c) of this section to determine if a non-dwelling structure meets the limitation requirements of § 1000.160. If the recipient develops, acquires, or rehabilitates a non-dwelling structure with funds from NAHASDA and other sources, then the cost limit standard established under these regulations applies to the entire structure. If funds are used from two different sources, the standards of the funding source with the more restrictive rules apply. (b)(1) The recipient may adopt written standards for non-dwelling structures. The standards must describe the type of structures and must clearly describe the criteria to be used to guide the cost, size, design, features, amenities, performance or other factors. The standards for such structures must be able to support the reasonableness and necessity for these factors and to clearly identify the affordable housing activity that is being provided. (2) When the recipient applies a standard to particular structures, it must document the following: (i) Identification of targeted population to benefit from the structures; (ii) Identification of need or problem to be solved; (iii) Affordable housing activity provided or supported by the structures; (iv) Alternatives considered; (v) Provision for future growth and change; (vi) Cultural relevance of design; (vii) Size and scope supported by population and need; (viii) Design and construction features that are accessible to persons with a variety of disabilities; (ix) Cost; and (x) Compatibility with community infrastructure and services. (c) If the recipient has not adopted program standards specified in paragraph (b) of this section, then it must demonstrate and document that the non-dwelling structure is of a cost, size, design and with amenities consistent with similarly designed and constructed structures in the recipient's general geographic area. | ||||
| 24:24:4.1.3.1.24.2.41.4 | 24 | Housing and Urban Development | IX | 1000 | PART 1000—NATIVE AMERICAN HOUSING ACTIVITIES | B | Subpart B—Affordable Housing Activities | § 1000.104 What families are eligible for affordable housing activities? | HUD | [63 FR 12349, Mar. 12, 1998, as amended at 77 FR 71524, Dec. 3, 2012] | The following families are eligible for affordable housing activities: (a) Low income Indian families on a reservation or Indian area. (b) A non-low-income family may receive housing assistance in accordance with § 1000.110. (c) A family may receive housing assistance on a reservation or Indian area if the family's housing needs cannot be reasonably met without such assistance and the recipient determines that the presence of that family on the reservation or Indian area is essential to the well-being of Indian families. (d) A recipient may provide housing or housing assistance provided through affordable housing activities assisted with grant amounts under NAHASDA for a law enforcement officer on an Indian reservation or other Indian area, if: (1) The officer: (i) Is employed on a full-time basis by the federal government or a state, county, or other unit of local government, or lawfully recognized tribal government; and (ii) In implementing such full-time employment, is sworn to uphold, and make arrests for, violations of federal, state, county, or tribal law; and (2) The recipient determines that the presence of the law enforcement officer on the Indian reservation or other Indian area may deter crime. | ||||
| 24:24:4.1.3.1.24.2.41.5 | 24 | Housing and Urban Development | IX | 1000 | PART 1000—NATIVE AMERICAN HOUSING ACTIVITIES | B | Subpart B—Affordable Housing Activities | § 1000.106 What families receiving assistance under title II of NAHASDA require HUD approval? | HUD | [77 FR 71525, Dec. 3, 2012] | (a) Housing assistance for non-low-income families requires HUD approval only as required in §§ 1000.108 and 1000.110. (b) Assistance for essential families under section 201(b)(3) of NAHASDA does not require HUD approval but only requires that the recipient determine that the presence of that family on the reservation or Indian area is essential to the well-being of Indian families and that the family's housing needs cannot be reasonably met without such assistance. | ||||
| 24:24:4.1.3.1.24.2.41.6 | 24 | Housing and Urban Development | IX | 1000 | PART 1000—NATIVE AMERICAN HOUSING ACTIVITIES | B | Subpart B—Affordable Housing Activities | § 1000.108 How is HUD approval obtained by a recipient for housing for non-low-income families and model activities? | HUD | [77 FR 71525, Dec. 3, 2012] | Recipients are required to submit proposals to operate model housing activities as defined in section 202(6) of NAHASDA and to provide assistance to non-low-income families in accordance with section 201(b)(2) of NAHASDA. Assistance to non-low-income families must be in accordance with § 1000.110. Proposals may be submitted in the recipient's IHP or at any time by amendment of the IHP, or by special request to HUD at any time. HUD may approve the remainder of an IHP, notwithstanding disapproval of a model activity or assistance to non-low-income families. | ||||
| 24:24:4.1.3.1.24.2.41.7 | 24 | Housing and Urban Development | IX | 1000 | PART 1000—NATIVE AMERICAN HOUSING ACTIVITIES | B | Subpart B—Affordable Housing Activities | § 1000.110 Under what conditions may non-low-income Indian families participate in the program? | HUD | [77 FR 71525, Dec. 3, 2012] | (a) A family that was low-income at the times described in § 1000.147 but subsequently becomes a non-low-income family due to an increase in income may continue to participate in the program in accordance with the recipient's admission and occupancy policies. The 10 percent limitation in paragraph (c) of this section shall not apply to such families. Such families may be made subject to the additional requirements in paragraph (d) of this section based on those policies. This includes a family member or household member who takes ownership of a homeownership unit under § 1000.146. (b) A recipient must determine and document that there is a need for housing for each family that cannot reasonably be met without such assistance. (c) A recipient may use up to 10 percent of the amount planned for the tribal program year for families whose income falls within 80 to 100 percent of the median income without HUD approval. HUD approval is required if a recipient plans to use more than 10 percent of the amount planned for the tribal program year for such assistance or to provide housing for families with income over 100 percent of median income. (d) Non-low-income families cannot receive the same benefits provided low-income Indian families. The amount of assistance non-low-income families may receive will be determined as follows: (1) The rent (including homebuyer payments under a lease purchase agreement) to be paid by a non-low-income family cannot be less than: (Income of non-low-income family/Income of family at 80 percent of median income) × (Rental payment of family at 80 percent of median income), but need not exceed the fair market rent or value of the unit. (2) Other assistance, including down payment assistance, to non-low-income families, cannot exceed: (Income of family at 80 percent of median income/Income of non-low-income family) × (Present value of the assistance provided to family at 80 percent of median income). (e) The requirements set forth in paragraphs (c) and (d) of this section do not apply to… | ||||
| 24:24:4.1.3.1.24.2.41.8 | 24 | Housing and Urban Development | IX | 1000 | PART 1000—NATIVE AMERICAN HOUSING ACTIVITIES | B | Subpart B—Affordable Housing Activities | § 1000.112 How will HUD determine whether to approve model housing activities? | HUD | HUD will review all proposals with the goal of approving the activities and encouraging the flexibility, discretion, and self-determination granted to Indian tribes under NAHASDA to formulate and operate innovative housing programs that meet the intent of NAHASDA. | |||||
| 24:24:4.1.3.1.24.2.41.9 | 24 | Housing and Urban Development | IX | 1000 | PART 1000—NATIVE AMERICAN HOUSING ACTIVITIES | B | Subpart B—Affordable Housing Activities | § 1000.114 How long does HUD have to review and act on a proposal to provide assistance to non-low-income families or a model housing activity? | HUD | [77 FR 71525, Dec. 3, 2012] | Whether submitted in the IHP or at any other time, HUD will have 60 calendar days after receiving the proposal to notify the recipient in writing that the proposal to provide assistance to non-low-income families or for model activities is approved or disapproved. If no decision is made by HUD within 60 calendar days of receiving the proposal, the proposal is deemed to have been approved by HUD. | ||||
| 24:24:4.1.3.1.24.3.41.1 | 24 | Housing and Urban Development | IX | 1000 | PART 1000—NATIVE AMERICAN HOUSING ACTIVITIES | C | Subpart C—Indian Housing Plan (IHP) | § 1000.201 How are funds made available under NAHASDA? | HUD | [77 FR 71526, Dec. 3, 2012] | Every fiscal year HUD will make grants under the IHBG program to recipients who have submitted to HUD for a tribal program year an IHP in accordance with § 1000.220 to carry out affordable housing activities. | ||||
| 24:24:4.1.3.1.24.3.41.10 | 24 | Housing and Urban Development | IX | 1000 | PART 1000—NATIVE AMERICAN HOUSING ACTIVITIES | C | Subpart C—Indian Housing Plan (IHP) | § 1000.218 Who prepares and submits an IHP? | HUD | An Indian tribe, or with the authorization of a Indian tribe, in accordance with section 102(d) of NAHASDA a TDHE may prepare and submit a plan to HUD. | |||||
| 24:24:4.1.3.1.24.3.41.11 | 24 | Housing and Urban Development | IX | 1000 | PART 1000—NATIVE AMERICAN HOUSING ACTIVITIES | C | Subpart C—Indian Housing Plan (IHP) | § 1000.220 What are the requirements for the IHP? | HUD | [77 FR 71526, Dec. 3, 2012] | The IHP requirements are set forth in section 102(b) of NAHASDA. In addition, §§ 1000.56, 1000.108, 1000.120, 1000.134, 1000.142, 1000.238, 1000.302, and 1000.328 require or permit additional items to be set forth in the IHP for HUD determinations required by those sections. Recipients are only required to provide IHPs that contain these elements in a form prescribed by HUD. If a TDHE is submitting a single IHP that covers two or more Indian tribes, the IHP must contain a separate certification in accordance with section 102(d) of NAHASDA and IHP Tables for each Indian tribe when requested by such Indian tribes. However, Indian tribes are encouraged to perform comprehensive housing needs assessments and develop comprehensive IHPs and not limit their planning process to only those housing efforts funded by NAHASDA. An IHP should be locally driven. | ||||
| 24:24:4.1.3.1.24.3.41.12 | 24 | Housing and Urban Development | IX | 1000 | PART 1000—NATIVE AMERICAN HOUSING ACTIVITIES | C | Subpart C—Indian Housing Plan (IHP) | § 1000.222 Are there separate IHP requirements for small Indian tribes and small TDHEs? | HUD | No. HUD requirements for IHPs are reasonable. | |||||
| 24:24:4.1.3.1.24.3.41.13 | 24 | Housing and Urban Development | IX | 1000 | PART 1000—NATIVE AMERICAN HOUSING ACTIVITIES | C | Subpart C—Indian Housing Plan (IHP) | § 1000.224 Can any part of the IHP be waived? | HUD | [77 FR 71526, Dec. 3, 2012] | Yes. HUD has general authority under section 101(b)(2) of NAHASDA to waive any IHP requirements when an Indian tribe cannot comply with IHP requirements due to exigent circumstances beyond its control, for a period of not more than 90 days. The waiver authority under section 101(b)(2) of NAHASDA provides flexibility to address the needs of every Indian tribe, including small Indian tribes. The waiver may be requested by the Indian tribe or its TDHE (if such authority is delegated by the Indian tribe), and such waiver shall not be unreasonably withheld. | ||||
| 24:24:4.1.3.1.24.3.41.14 | 24 | Housing and Urban Development | IX | 1000 | PART 1000—NATIVE AMERICAN HOUSING ACTIVITIES | C | Subpart C—Indian Housing Plan (IHP) | § 1000.225 When may a waiver of the IHP submission deadline be requested? | HUD | [77 FR 71526, Dec. 3, 2012] | A recipient may request a waiver for a period of not more than 90 days beyond the IHP submission due date. | ||||
| 24:24:4.1.3.1.24.3.41.15 | 24 | Housing and Urban Development | IX | 1000 | PART 1000—NATIVE AMERICAN HOUSING ACTIVITIES | C | Subpart C—Indian Housing Plan (IHP) | § 1000.226 Can the certification requirements of section 102(c)(5) of NAHASDA be waived by HUD? | HUD | Yes. HUD may waive these certification requirements as provided in section 101(b)(2) of NAHASDA. | |||||
| 24:24:4.1.3.1.24.3.41.16 | 24 | Housing and Urban Development | IX | 1000 | PART 1000—NATIVE AMERICAN HOUSING ACTIVITIES | C | Subpart C—Indian Housing Plan (IHP) | § 1000.227 What shall HUD do upon receipt of an IHP submission deadline waiver request? | HUD | [77 FR 71526, Dec. 3, 2012] | The waiver shall be decided upon by HUD within 45 days of receipt of the waiver request. HUD shall notify the recipient in writing within 45 days of receipt of the waiver request whether the request is approved or denied. | ||||
| 24:24:4.1.3.1.24.3.41.17 | 24 | Housing and Urban Development | IX | 1000 | PART 1000—NATIVE AMERICAN HOUSING ACTIVITIES | C | Subpart C—Indian Housing Plan (IHP) | § 1000.228 If HUD changes its IHP format will Indian tribes be involved? | HUD | Yes. HUD will first consult with Indian tribes before making any substantial changes to HUD's IHP format. | |||||
| 24:24:4.1.3.1.24.3.41.18 | 24 | Housing and Urban Development | IX | 1000 | PART 1000—NATIVE AMERICAN HOUSING ACTIVITIES | C | Subpart C—Indian Housing Plan (IHP) | § 1000.230 What is the process for HUD review of IHPs and IHP amendments? | HUD | [63 FR 12349, Mar. 12, 1998, as amended at 77 FR 71527, Dec. 3, 2012] | HUD will conduct the IHP review in the following manner: (a) HUD will conduct a limited review of the IHP to ensure that its contents: (1) Comply with the requirements of section 102 of NAHASDA, which outlines the IHP submission requirements; however, the recipient may use either the HUD-estimated IHBG amount or the IHBG amount from their most recent compliant IHP; (2) Are consistent with information and data available to HUD; (3) Are not prohibited by or inconsistent with any provision of NAHASDA or other applicable law; and (4) Include the appropriate certifications. (b) If the IHP complies with the provisions of paragraphs (a)(1), (a)(2), and (a)(3) of this section, HUD will notify the recipient of IHP compliance within 60 days after receiving the IHP. If HUD fails to notify the recipient, the IHP shall be considered to be in compliance with the requirements of section 102 of NAHASDA and the IHP is approved. (c) If the submitted IHP does not comply with the provisions of paragraphs (a)(1), and (a)(3) of this section, HUD will notify the recipient of the determination of non-compliance. HUD will provide this notice no later than 60 days after receiving the IHP. This notice will set forth: (1) The reasons for noncompliance; (2) The modifications necessary for the IHP to meet the submission requirements; and (3) The date by which the revised IHP must be submitted. (d) If the recipient does not submit a revised IHP by the date indicated in the notice provided under paragraph (c) of this section, the IHP will be determined by HUD to be in non-compliance unless a waiver is requested and approved under section 101(b)(2) of NAHASDA. If the IHP is determined by HUD to be in non-compliance and no waiver is granted, the recipient may appeal this determination following the appeal process in § 1000.234. (e)(1) If the IHP does not contain the certifications identified in paragraph (a)(4) of this section, the recipient will be notified within 60 days of submission of the IHP that the plan is incomplete. The noti… | ||||
| 24:24:4.1.3.1.24.3.41.19 | 24 | Housing and Urban Development | IX | 1000 | PART 1000—NATIVE AMERICAN HOUSING ACTIVITIES | C | Subpart C—Indian Housing Plan (IHP) | § 1000.232 Can an Indian tribe or TDHE amend its IHP? | HUD | Yes. Section 103(c) of NAHASDA specifically provides that a recipient may submit modifications or revisions of its IHP to HUD. Unless the initial IHP certification provided by an Indian tribe allowed for the submission of IHP amendments without further tribal certifications, a tribal certification must accompany submission of IHP amendments by a TDHE to HUD. HUD's review of an amendment and determination of compliance will be limited to modifications of an IHP which adds new activities or involve a decrease in the amount of funds provided to protect and maintain the viability of housing assisted under the 1937 Act. HUD will consider these modifications to the IHP in accordance with § 1000.230. HUD will act on amended IHPs within 30 days. | |||||
| 24:24:4.1.3.1.24.3.41.2 | 24 | Housing and Urban Development | IX | 1000 | PART 1000—NATIVE AMERICAN HOUSING ACTIVITIES | C | Subpart C—Indian Housing Plan (IHP) | § 1000.202 Who are eligible recipients? | HUD | Eligible recipients are Indian tribes, or TDHEs when authorized by one or more Indian tribes. | |||||
| 24:24:4.1.3.1.24.3.41.20 | 24 | Housing and Urban Development | IX | 1000 | PART 1000—NATIVE AMERICAN HOUSING ACTIVITIES | C | Subpart C—Indian Housing Plan (IHP) | § 1000.234 Can HUD's determination regarding the non-compliance of an IHP or a modification to an IHP be appealed? | HUD | (a) Yes. Within 30 days of receiving HUD's disapproval of an IHP or of a modification to an IHP, the recipient may submit a written request for reconsideration of the determination. The request shall include the justification for the reconsideration. (b) Within 21 days of receiving the request, HUD shall reconsider its initial determination and provide the recipient with written notice of its decision to affirm, modify, or reverse its initial determination. This notice will also contain the reasons for HUD's decision. (c) The recipient may appeal any denial of reconsideration by filing an appeal with the Assistant Secretary within 21 days of receiving the denial. The appeal shall set forth the reasons why the recipient does not agree with HUD's decision and include justification for the reconsideration. (d) Within 21 days of receipt of the appeal, the Assistant Secretary shall review the recipient's appeal and act on the appeal. The Assistant Secretary will provide written notice to the recipient setting forth the reasons for the decision. The Assistant Secretary's decision constitutes final agency action. | |||||
| 24:24:4.1.3.1.24.3.41.21 | 24 | Housing and Urban Development | IX | 1000 | PART 1000—NATIVE AMERICAN HOUSING ACTIVITIES | C | Subpart C—Indian Housing Plan (IHP) | § 1000.236 What are eligible administrative and planning expenses? | HUD | [63 FR 12349, Mar. 12, 1998, as amended at 77 FR 71527, Dec. 3, 2012] | (a) Eligible administrative and planning expenses of the IHBG program include, but are not limited to: (1) Costs of overall program and/or administrative management; (2) Coordination monitoring and evaluation; (3) Preparation of the IHP including data collection and transition costs; (4) Preparation of the annual performance report; (5) Challenge to and collection of data for purposes of challenging the formula; and (6) Administrative and planning expenses associated with expenditure of non-IHBG funds on affordable housing activities if the source of the non-IHBG funds limits expenditure of its funds on such administrative expenses. (b) Staff and overhead costs directly related to carrying out affordable housing activities or comprehensive and community development planning activities can be determined to be eligible costs of the affordable housing activity or considered as administration or planning at the discretion of the recipient. | ||||
| 24:24:4.1.3.1.24.3.41.22 | 24 | Housing and Urban Development | IX | 1000 | PART 1000—NATIVE AMERICAN HOUSING ACTIVITIES | C | Subpart C—Indian Housing Plan (IHP) | § 1000.238 What percentage of the IHBG funds can be used for administrative and planning expenses? | HUD | [77 FR 71527, Dec. 3, 2012] | Recipients receiving in excess of $500,000 may use up to 20 percent of their annual expenditures of grant funds or may use up to 20 percent of their annual grant amount, whichever is greater. Recipients receiving $500,000 or less may use up to 30 percent of their annual expenditures of grant funds or up to 30 percent of their annual grant amount, whichever is greater. When a recipient is receiving grant funds on behalf of one or more grant beneficiaries, the recipient may use up to 30 percent of the annual expenditure of grant funds or up to 30 percent of the annual grant amount, whichever is greater, of each grant beneficiary whose allocation is $500,000 or less, and up to 20 percent of the annual expenditure of grant funds or up to 20 percent of the annual grant amount, whichever is greater, of each grant beneficiary whose allocation is greater than $500,000. HUD approval is required if a higher percentage is requested by the recipient. Recipients combining grant funds with other funding may request HUD approval to use a higher percentage based on its total expenditure of funds from all sources for that year. When HUD approval is required, HUD must take into consideration any cost of preparing the IHP, challenges to and collection of data, the recipient's grant amount, approved cost allocation plans, and any other relevant information with special consideration given to the circumstances of recipients receiving minimal funding. | ||||
| 24:24:4.1.3.1.24.3.41.23 | 24 | Housing and Urban Development | IX | 1000 | PART 1000—NATIVE AMERICAN HOUSING ACTIVITIES | C | Subpart C—Indian Housing Plan (IHP) | § 1000.239 May a recipient establish and maintain reserve accounts for administration and planning? | HUD | [77 FR 71527, Dec. 3, 2012] | Yes. In addition to the amounts established for planning and administrative expenses under §§ 1000.236 and 1000.238, a recipient may establish and maintain separate reserve accounts only for the purpose of accumulating amounts for administration and planning relating to affordable housing activities. These amounts may be invested in accordance with § 1000.58(c). Interest earned on reserves is not program income and shall not be included in calculating the maximum amount of reserves. The maximum amount of reserves, whether in one or more accounts, that a recipient may have available at any one time is calculated as follows: (a) Determine the 5-year average of administration and planning amounts, not including reserve amounts, expended in a tribal program year. (b) Establish 1/4 of that amount for the total eligible reserve. | ||||
| 24:24:4.1.3.1.24.3.41.24 | 24 | Housing and Urban Development | IX | 1000 | PART 1000—NATIVE AMERICAN HOUSING ACTIVITIES | C | Subpart C—Indian Housing Plan (IHP) | § 1000.240 When is a local cooperation agreement required for affordable housing activities? | HUD | The requirement for a local cooperation agreement applies only to rental and lease-purchase homeownership units assisted with IHBG funds which are owned by the Indian tribe or TDHE. | |||||
| 24:24:4.1.3.1.24.3.41.25 | 24 | Housing and Urban Development | IX | 1000 | PART 1000—NATIVE AMERICAN HOUSING ACTIVITIES | C | Subpart C—Indian Housing Plan (IHP) | § 1000.242 When does the requirement for exemption from taxation apply to affordable housing activities? | HUD | The requirement for exemption from taxation applies only to rental and lease-purchase homeownership units assisted with IHBG funds which are owned by the Indian tribe or TDHE. | |||||
| 24:24:4.1.3.1.24.3.41.26 | 24 | Housing and Urban Development | IX | 1000 | PART 1000—NATIVE AMERICAN HOUSING ACTIVITIES | C | Subpart C—Indian Housing Plan (IHP) | § 1000.244 If the recipient has made a good-faith effort to negotiate a cooperation agreement and tax-exempt status but has been unsuccessful through no fault of its own, may the Secretary waive the requirement for a cooperation agreement and a tax exemption? | HUD | [77 FR 71527, Dec. 3, 2012] | Yes. Recipients must submit a written request for waiver to the recipient's Area ONAP. The request must detail a good faith effort by the recipient, identify the housing units involved, and include all pertinent background information about the housing units. The recipient must further demonstrate that it has pursued and exhausted all reasonable channels available to it to reach an agreement to obtain tax-exempt status, and that failure to obtain the required agreement and tax-exempt status has been through no fault of its own. The Area ONAP will forward the request, its recommendation, comments, and any additional relevant documentation to the Deputy Assistant Secretary for Native American Programs for processing to the Assistant Secretary. | ||||
| 24:24:4.1.3.1.24.3.41.27 | 24 | Housing and Urban Development | IX | 1000 | PART 1000—NATIVE AMERICAN HOUSING ACTIVITIES | C | Subpart C—Indian Housing Plan (IHP) | § 1000.246 How must HUD respond to a request for waiver of the requirement for a cooperation agreement and a tax exemption? | HUD | [77 FR 71527, Dec. 3, 2012] | (a) HUD shall make a determination to such request for a waiver within 30 days of receipt or provide a reason to the requestor for the delay, identify all additional documentation necessary, and provide a timeline within which a determination will be made. (b) If the waiver is granted, HUD shall notify the recipient of the waiver in writing and inform the recipient of any special condition or deadlines with which it must comply. Such waiver shall remain effective until revoked by the Secretary. (c) If the waiver is denied, HUD shall notify the recipient of the denial and the reason for the denial in writing. If the request is denied, IHBG funds may not be spent on the housing units. If IHBG funds have been spent on the housing units prior to the denial, the recipient must reimburse the grant for all IHBG funds expended. | ||||
| 24:24:4.1.3.1.24.3.41.3 | 24 | Housing and Urban Development | IX | 1000 | PART 1000—NATIVE AMERICAN HOUSING ACTIVITIES | C | Subpart C—Indian Housing Plan (IHP) | § 1000.204 How does an Indian tribe designate itself as recipient of the grant? | HUD | (a) By resolution of the Indian tribe; or (b) When such authority has been delegated by an Indian tribe's governing body to a tribal committee(s), by resolution or other written form used by such committee(s) to memorialize the decisions of that body, if applicable. | |||||
| 24:24:4.1.3.1.24.3.41.4 | 24 | Housing and Urban Development | IX | 1000 | PART 1000—NATIVE AMERICAN HOUSING ACTIVITIES | C | Subpart C—Indian Housing Plan (IHP) | § 1000.206 How is a TDHE designated? | HUD | (a)(1) By resolution of the Indian tribe or Indian tribes to be served; or (2) When such authority has been delegated by an Indian tribe's governing body to a tribal committee(s), by resolution or other written form used by such committee(s) to memorialize the decisions of that body, if applicable. (b) In the absence of a designation by the Indian tribe, the default designation as provided in section 4(21) of NAHASDA shall apply. | |||||
| 24:24:4.1.3.1.24.3.41.5 | 24 | Housing and Urban Development | IX | 1000 | PART 1000—NATIVE AMERICAN HOUSING ACTIVITIES | C | Subpart C—Indian Housing Plan (IHP) | § 1000.208 What happens if an Indian tribe had two IHAs as of September 30, 1996? | HUD | Indian tribes which had established and were operating two IHAs as of September 30, 1996, under the 1937 Act shall be allowed to form and operate two TDHEs under NAHASDA. Nothing in this section shall affect the allocation of funds otherwise due to an Indian tribe under the formula. | |||||
| 24:24:4.1.3.1.24.3.41.6 | 24 | Housing and Urban Development | IX | 1000 | PART 1000—NATIVE AMERICAN HOUSING ACTIVITIES | C | Subpart C—Indian Housing Plan (IHP) | § 1000.210 What happens to existing 1937 Act units in those jurisdictions for which Indian tribes do not or cannot submit an IHP? | HUD | NAHASDA does not provide the statutory authority for HUD to grant NAHASDA grant funds to an Indian housing authority, Indian tribe or to a default TDHE which cannot obtain a tribal certification, if the requisite IHP is not submitted by an Indian tribe or is determined to be out of compliance by HUD. There may be circumstances where this may happen, and in those cases, other methods of tribal, Federal, or private market support may have to be sought to maintain and operate those 1937 Act units. | |||||
| 24:24:4.1.3.1.24.3.41.7 | 24 | Housing and Urban Development | IX | 1000 | PART 1000—NATIVE AMERICAN HOUSING ACTIVITIES | C | Subpart C—Indian Housing Plan (IHP) | § 1000.212 Is submission of an IHP required? | HUD | Yes. An Indian tribe or, with the consent of its Indian tribe(s), the TDHE, must submit an IHP to HUD to receive funding under NAHASDA, except as provided in section 101(b)(2) of NAHASDA. If a TDHE has been designated by more than one Indian tribe, the TDHE can submit a separate IHP for each Indian tribe or it may submit a single IHP based on the requirements of § 1000.220 with the approval of the Indian tribes. | |||||
| 24:24:4.1.3.1.24.3.41.8 | 24 | Housing and Urban Development | IX | 1000 | PART 1000—NATIVE AMERICAN HOUSING ACTIVITIES | C | Subpart C—Indian Housing Plan (IHP) | § 1000.214 What is the deadline for submission of an IHP? | HUD | [77 FR 71526, Dec. 3, 2012] | IHPs must be initially sent by the recipient to the Area ONAP no later than 75 days before the beginning of a tribal program year. Grant funds cannot be provided until the plan due under this section is determined to be in compliance with section 102 of NAHASDA and funds are available. | ||||
| 24:24:4.1.3.1.24.3.41.9 | 24 | Housing and Urban Development | IX | 1000 | PART 1000—NATIVE AMERICAN HOUSING ACTIVITIES | C | Subpart C—Indian Housing Plan (IHP) | § 1000.216 What happens if the recipient does not submit the IHP to the Area ONAP by no later than 75 days before the beginning of the tribal program year? | HUD | [77 FR 71526, Dec. 3, 2012] | If the IHP is not initially sent by at least 75 days before the beginning of the tribal program year, the recipient will not be eligible for IHBG funds for that fiscal year. Any funds not obligated because an IHP was not received before this deadline has passed shall be distributed by formula in the following year. |
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