Title 24, Part 1000 — Native American Housing Activities

What is the applicability and scope of these regulations?

What are the guiding principles in the implementation of NAHASDA?

What are the objectives of NAHASDA?

What is the nature of the IHBG program?

May provisions of these regulations be waived?

How is negotiated rulemaking conducted when promulgating NAHASDA regulations?

What definitions apply in these regulations?

What nondiscrimination requirements are applicable?

What relocation and real property acquisition policies are applicable?

What labor standards are applicable?

What environmental review requirements apply?

Is an Indian tribe required to assume environmental review responsibilities?

Under what circumstances are waivers of the environmental review procedures available to tribes?

Are the costs of the environmental review an eligible cost?

If an Indian tribe assumes environmental review responsibility, how will HUD assist the Indian tribe in performing the environmental review?

What are the administrative requirements under NAHASDA?

May a self-governance Indian tribe be exempted from the applicability of § 1000.26?

What prohibitions regarding conflict of interest are applicable?

May exceptions be made to the conflict of interest provisions?

What factors must be considered in making an exception to the conflict of interest provisions?

How long must a recipient retain records regarding exceptions made to the conflict of interest provisions?

What flood insurance requirements are applicable?

Do lead-based paint poisoning prevention requirements apply to affordable housing activities under NAHASDA?

Are the requirements of Section 3 of the Housing and Urban Development Act of 1968 applicable?

What prohibitions on the use of debarred, suspended, or ineligible contractors apply?

Do drug-free workplace requirements apply?

Are Indian or tribal preference requirements applicable to IHBG activities?

What tribal or Indian preference requirements apply to IHBG administration activities?

What tribal or Indian preference requirements apply to IHBG procurement?

What procedures apply to complaints arising out of any of the methods of providing for Indian preference?

How are NAHASDA funds paid by HUD to recipients?

Are there limitations on the investment of IHBG funds?

Can HUD prevent improper expenditure of funds already disbursed to a recipient?

What is considered program income?

What are the permissible uses of program income?

Housing counseling.

What is affordable housing?

What are eligible affordable housing activities?

How may IHBG funds be used for tenant-based or project-based rental assistance?

What families are eligible for affordable housing activities?

What families receiving assistance under title II of NAHASDA require HUD approval?

How is HUD approval obtained by a recipient for housing for non-low-income families and model activities?

Under what conditions may non-low-income Indian families participate in the program?

How will HUD determine whether to approve model housing activities?

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?

What should HUD do before declining a proposal to provide assistance to non low-income families or a model housing activity?

What recourse does a recipient have if HUD disapproves a proposal to provide assistance to non-low-income families or a model housing activity?

May a recipient use Indian preference or tribal preference in selecting families for housing assistance?

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?

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?

May a recipient charge flat or income-adjusted rents?

Is income verification required for assistance under NAHASDA?

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?

Are utilities considered a part of rent or homebuyer payments?

When may a recipient (or entity funded by a recipient) demolish or dispose of current assisted stock?

What insurance requirements apply to housing units assisted with NAHASDA grants?

What constitutes adequate insurance?

What are the standards for insurance entities owned and controlled by recipients?

May a recipient use grant funds to purchase insurance for privately owned housing to protect NAHASDA grant amounts spent on that housing?

What is “useful life” and how is it related to affordability?

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?

How does a recipient implement its useful life requirements?

What are binding commitments satisfactory to HUD?

Are Mutual Help homes developed under the 1937 Act subject to the useful life provisions of section 205(a)(2)?

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?

When does housing qualify as affordable housing under NAHASDA?

How may Indian tribes and TDHEs receive criminal conviction information on applicants for employment and on adult applicants for housing assistance, or tenants?

How is the recipient to use criminal conviction information?

How is the recipient to keep criminal conviction information confidential?

Is affordable housing developed, acquired, or assisted under the IHBG program subject to limitations on cost or design standards?

How will a NAHASDA grant recipient know that the housing assisted under the IHBG program meets the requirements of § 1000.156?

Are non-dwelling structures developed, acquired or assisted under the IHBG program subject to limitations on cost or design standards?

How will a recipient know that non-dwelling structures assisted under the IHBG program meet the requirements of 1000.160?

How are funds made available under NAHASDA?

Who are eligible recipients?

How does an Indian tribe designate itself as recipient of the grant?

How is a TDHE designated?

What happens if an Indian tribe had two IHAs as of September 30, 1996?

What happens to existing 1937 Act units in those jurisdictions for which Indian tribes do not or cannot submit an IHP?

Is submission of an IHP required?

What is the deadline for submission of an IHP?

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?

Who prepares and submits an IHP?

What are the requirements for the IHP?

Are there separate IHP requirements for small Indian tribes and small TDHEs?

Can any part of the IHP be waived?

When may a waiver of the IHP submission deadline be requested?

Can the certification requirements of section 102(c)(5) of NAHASDA be waived by HUD?

What shall HUD do upon receipt of an IHP submission deadline waiver request?

If HUD changes its IHP format will Indian tribes be involved?

What is the process for HUD review of IHPs and IHP amendments?

Can an Indian tribe or TDHE amend its IHP?

Can HUD's determination regarding the non-compliance of an IHP or a modification to an IHP be appealed?

What are eligible administrative and planning expenses?

What percentage of the IHBG funds can be used for administrative and planning expenses?

May a recipient establish and maintain reserve accounts for administration and planning?

When is a local cooperation agreement required for affordable housing activities?

When does the requirement for exemption from taxation apply to affordable housing activities?

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?

How must HUD respond to a request for waiver of the requirement for a cooperation agreement and a tax exemption?

What is the purpose of the IHBG formula?

What are the definitions applicable for the IHBG formula?

May the IHBG formula be modified?

How can the IHBG formula be modified?

Who can make modifications to the IHBG formula?

What are the components of the IHBG formula?

What is current assisted stock?

What is formula current assisted stock?

Is a recipient required to report changes to the Formula Current Assisted Stock (FCAS) on the Formula Response Form?

How is the Formula Current Assisted Stock (FCAS) Component developed?

Who is the recipient for funds for current assisted stock which is owned by state-created Regional Native Housing Authorities in Alaska?

When do units under Formula Current Assisted Stock cease to be counted or expire from the inventory used for the formula?

What would happen if a recipient misreports or fails to correct Formula Current Assisted Stock (FCAS) information on the Formula Response Form?

How is Formula Current Assisted Stock adjusted for local area costs?

Are IHA financed units included in the determination of Formula Current Assisted Stock?

How is the need component developed?

How is the need component adjusted for local area costs?

What if a formula area is served by more than one Indian tribe?

What is the order of preference for allocating the IHBG formula needs data for Indian tribes in Alaska not located on reservations due to the unique circumstances in Alaska?

What is the minimum amount that an Indian tribe may receive under the need component of the formula?

What is the minimum total grant allocated to a tribe if there is carryover funds available?

What are the data sources for the need variables?

How will the impacts from adoption of a new data source be minimized as the new data source is implemented?

Will data used by HUD to determine an Indian tribe's or TDHE's formula allocation be provided to the Indian tribe or TDHE before the allocation?

May Indian tribes, TDHEs, or HUD challenge the data from the U.S. Decennial Census or provide an alternative source of data?

How may an Indian tribe, TDHE, or HUD challenge data or appeal HUD formula determinations?

What if an Indian tribe is allocated less funding under the IHBG Formula than it received in Fiscal Year (FY) 1996 for operating subsidy and modernization?

Are undisbursed IHBG funds a factor in the grant formula?

What terms are used throughout this subpart?

Are State recognized Indian tribes eligible for guarantees under title VI of NAHASDA?

What lenders are eligible for participation?

What constitutes tribal approval to issue notes or other obligations under title VI of NAHASDA?

What conditions shall HUD prescribe when providing a guarantee for notes or other obligations issued by an Indian tribe?

Can an issuer obtain a guarantee for more than one note or other obligation at a time?

How is an issuer's financial capacity demonstrated?

What is a repayment contract in a form acceptable to HUD?

Can grant funds be used to pay costs incurred when issuing notes or other obligations?

May grants made by HUD under section 603 of NAHASDA be used to pay net interest costs incurred when issuing notes or other obligations?

What are the procedures for applying for loan guarantees under title VI of NAHASDA?

What are the application requirements for guarantee assistance under title VI of NAHASDA?

How does HUD review a guarantee application?

For what reasons may HUD disapprove an application or approve an application for an amount less than that requested?

When will HUD issue notice to the applicant if the application is approved at the requested or reduced amount?

Can an amendment to an approved guarantee be made?

How will HUD allocate the availability of loan guarantee assistance?

How will HUD monitor the use of funds guaranteed under this subpart?

Who is involved in monitoring activities under NAHASDA?

What are the monitoring responsibilities of the recipient, the grant beneficiary and HUD under NAHASDA?

What is an appropriate extent of HUD monitoring?

If the TDHE is the recipient, must it submit its monitoring evaluation/results to the Indian tribe?

If the recipient monitoring identifies programmatic concerns, what happens?

What happens if tribal monitoring identifies compliance concerns?

Are performance reports required?

When must the annual performance report be submitted?

What reporting period is covered by the annual performance report?

When must a recipient obtain public comment on its annual performance report?

What are the purposes of HUD's review of the Annual Performance Report?

After the receipt of the recipient's performance report, how long does HUD have to make recommendations under section 404(c) of NAHASDA?

How will HUD give notice of on-site reviews?

What are HUD's performance measures for the review?

What information will HUD use for its review?

What are the procedures for the recipient to comment on the result of HUD's review when HUD issues a report under section 405(b) of NAHASDA?

What corrective and remedial actions will HUD request or recommend to address performance problems prior to taking action under § 1000.532?

What are the remedial actions that HUD may take in the event of recipient's substantial noncompliance?

What constitutes substantial noncompliance?

What happens to NAHASDA grant funds adjusted, reduced, withdrawn, or terminated under § 1000.532?

What hearing procedures will be used under NAHASDA?

When may HUD require replacement of a recipient?

What audits are required?

Are audit costs eligible program or administrative expenses?

Must a copy of the recipient's audit pursuant to the Single Audit Act relating to NAHASDA activities be submitted to HUD?

If the TDHE is the recipient, does it have to submit a copy of its audit to the Indian tribe?

How long must the recipient maintain program records?

Which agencies have right of access to the recipient's records relating to activities carried out under NAHASDA?

Does the Freedom of Information Act (FOIA) apply to recipient records?

Does the Federal Privacy Act apply to recipient records?