Part 1000 — Native American Housing Activities
Subpart A — General
- § 1000.1— What is the applicability and scope of these regulations?
- § 1000.2— What are the guiding principles in the implementation of NAHASDA?
- § 1000.4— What are the objectives of NAHASDA?
- § 1000.6— What is the nature of the IHBG program?
- § 1000.8— May provisions of these regulations be waived?
- § 1000.9— How is negotiated rulemaking conducted when promulgating NAHASDA regulations?
- § 1000.10— What definitions apply in these regulations?
- § 1000.12— What nondiscrimination requirements are applicable?
- § 1000.14— What relocation and real property acquisition policies are applicable?
- § 1000.16— What labor standards are applicable?
- § 1000.18— What environmental review requirements apply?
- § 1000.20— Is an Indian tribe required to assume environmental review responsibilities?
- § 1000.21— Under what circumstances are waivers of the environmental review procedures available to tribes?
- § 1000.22— Are the costs of the environmental review an eligible cost?
- § 1000.24— If an Indian tribe assumes environmental review responsibility, how will HUD assist the Indian tribe in performing the environmental review?
- § 1000.26— What are the administrative requirements under NAHASDA?
- § 1000.28— May a self-governance Indian tribe be exempted from the applicability of § 1000.26?
- § 1000.30— What prohibitions regarding conflict of interest are applicable?
- § 1000.32— May exceptions be made to the conflict of interest provisions?
- § 1000.34— What factors must be considered in making an exception to the conflict of interest provisions?
- § 1000.36— How long must a recipient retain records regarding exceptions made to the conflict of interest provisions?
- § 1000.38— What flood insurance requirements are applicable?
- § 1000.40— Do lead-based paint poisoning prevention requirements apply to affordable housing activities under NAHASDA?
- § 1000.42— Are the requirements of Section 3 of the Housing and Urban Development Act of 1968 applicable?
- § 1000.44— What prohibitions on the use of debarred, suspended, or ineligible contractors apply?
- § 1000.46— Do drug-free workplace requirements apply?
- § 1000.48— Are Indian or tribal preference requirements applicable to IHBG activities?
- § 1000.50— What tribal or Indian preference requirements apply to IHBG administration activities?
- § 1000.52— What tribal or Indian preference requirements apply to IHBG procurement?
- § 1000.54— What procedures apply to complaints arising out of any of the methods of providing for Indian preference?
- § 1000.56— How are NAHASDA funds paid by HUD to recipients?
- § 1000.58— Are there limitations on the investment of IHBG funds?
- § 1000.60— Can HUD prevent improper expenditure of funds already disbursed to a recipient?
- § 1000.62— What is considered program income?
- § 1000.64— What are the permissible uses of program income?
- § 1000.66— Housing counseling.
Subpart B — Affordable Housing Activities
- § 1000.101— What is affordable housing?
- § 1000.102— What are eligible affordable housing activities?
- § 1000.103— How may IHBG funds be used for tenant-based or project-based rental assistance?
- § 1000.104— What families are eligible for affordable housing activities?
- § 1000.106— What families receiving assistance under title II of NAHASDA require HUD approval?
- § 1000.108— How is HUD approval obtained by a recipient for housing for non-low-income families and model activities?
- § 1000.110— Under what conditions may non-low-income Indian families participate in the program?
- § 1000.112— How will HUD determine whether to approve model housing activities?
- § 1000.114— How long does HUD have to review and act on a proposal to provide assistance to non-low-income families or a model housing activity?
- § 1000.116— What should HUD do before declining a proposal to provide assistance to non low-income families or a model housing activity?
- § 1000.118— What recourse does a recipient have if HUD disapproves a proposal to provide assistance to non-low-income families or a model housing activity?
- § 1000.120— May a recipient use Indian preference or tribal preference in selecting families for housing assistance?
- § 1000.122— May NAHASDA grant funds be used as matching funds to obtain and leverage funding, including any Federal or state program and still be considered an affordable housing activity?
- § 1000.124— What maximum and minimum rent or homebuyer payment can a recipient charge a low-income rental tenant or homebuyer residing in housing units assisted with NAHASDA grant amounts?
- § 1000.126— May a recipient charge flat or income-adjusted rents?
- § 1000.128— Is income verification required for assistance under NAHASDA?
- § 1000.130— May a recipient charge a non low-income family rents or homebuyer payments which are more than 30 percent of the family's adjusted income?
- § 1000.132— Are utilities considered a part of rent or homebuyer payments?
- § 1000.134— When may a recipient (or entity funded by a recipient) demolish or dispose of current assisted stock?
- § 1000.136— What insurance requirements apply to housing units assisted with NAHASDA grants?
- § 1000.138— What constitutes adequate insurance?
- § 1000.139— What are the standards for insurance entities owned and controlled by recipients?
- § 1000.140— May a recipient use grant funds to purchase insurance for privately owned housing to protect NAHASDA grant amounts spent on that housing?
- § 1000.141— What is “useful life” and how is it related to affordability?
- § 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?
- § 1000.143— How does a recipient implement its useful life requirements?
- § 1000.144— What are binding commitments satisfactory to HUD?
- § 1000.145— Are Mutual Help homes developed under the 1937 Act subject to the useful life provisions of section 205(a)(2)?
- § 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?
- § 1000.147— When does housing qualify as affordable housing under NAHASDA?
- § 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?
- § 1000.152— How is the recipient to use criminal conviction information?
- § 1000.154— How is the recipient to keep criminal conviction information confidential?
- § 1000.156— Is affordable housing developed, acquired, or assisted under the IHBG program subject to limitations on cost or design standards?
- § 1000.158— How will a NAHASDA grant recipient know that the housing assisted under the IHBG program meets the requirements of § 1000.156?
- § 1000.160— Are non-dwelling structures developed, acquired or assisted under the IHBG program subject to limitations on cost or design standards?
- § 1000.162— How will a recipient know that non-dwelling structures assisted under the IHBG program meet the requirements of 1000.160?
Subpart C — Indian Housing Plan (IHP)
- § 1000.201— How are funds made available under NAHASDA?
- § 1000.202— Who are eligible recipients?
- § 1000.204— How does an Indian tribe designate itself as recipient of the grant?
- § 1000.206— How is a TDHE designated?
- § 1000.208— What happens if an Indian tribe had two IHAs as of September 30, 1996?
- § 1000.210— What happens to existing 1937 Act units in those jurisdictions for which Indian tribes do not or cannot submit an IHP?
- § 1000.212— Is submission of an IHP required?
- § 1000.214— What is the deadline for submission of an IHP?
- § 1000.216— What happens if the recipient does not submit the IHP to the Area ONAP by no later than 75 days before the beginning of the tribal program year?
- § 1000.218— Who prepares and submits an IHP?
- § 1000.220— What are the requirements for the IHP?
- § 1000.222— Are there separate IHP requirements for small Indian tribes and small TDHEs?
- § 1000.224— Can any part of the IHP be waived?
- § 1000.225— When may a waiver of the IHP submission deadline be requested?
- § 1000.226— Can the certification requirements of section 102(c)(5) of NAHASDA be waived by HUD?
- § 1000.227— What shall HUD do upon receipt of an IHP submission deadline waiver request?
- § 1000.228— If HUD changes its IHP format will Indian tribes be involved?
- § 1000.230— What is the process for HUD review of IHPs and IHP amendments?
- § 1000.232— Can an Indian tribe or TDHE amend its IHP?
- § 1000.234— Can HUD's determination regarding the non-compliance of an IHP or a modification to an IHP be appealed?
- § 1000.236— What are eligible administrative and planning expenses?
- § 1000.238— What percentage of the IHBG funds can be used for administrative and planning expenses?
- § 1000.239— May a recipient establish and maintain reserve accounts for administration and planning?
- § 1000.240— When is a local cooperation agreement required for affordable housing activities?
- § 1000.242— When does the requirement for exemption from taxation apply to affordable housing activities?
- § 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?
- § 1000.246— How must HUD respond to a request for waiver of the requirement for a cooperation agreement and a tax exemption?
Subpart D — Allocation Formula
- § 1000.301— What is the purpose of the IHBG formula?
- § 1000.302— What are the definitions applicable for the IHBG formula?
- § 1000.304— May the IHBG formula be modified?
- § 1000.306— How can the IHBG formula be modified?
- § 1000.308— Who can make modifications to the IHBG formula?
- § 1000.310— What are the components of the IHBG formula?
- § 1000.312— What is current assisted stock?
- § 1000.314— What is formula current assisted stock?
- § 1000.315— Is a recipient required to report changes to the Formula Current Assisted Stock (FCAS) on the Formula Response Form?
- § 1000.316— How is the Formula Current Assisted Stock (FCAS) Component developed?
- § 1000.317— Who is the recipient for funds for current assisted stock which is owned by state-created Regional Native Housing Authorities in Alaska?
- § 1000.318— When do units under Formula Current Assisted Stock cease to be counted or expire from the inventory used for the formula?
- § 1000.319— What would happen if a recipient misreports or fails to correct Formula Current Assisted Stock (FCAS) information on the Formula Response Form?
- § 1000.320— How is Formula Current Assisted Stock adjusted for local area costs?
- § 1000.322— Are IHA financed units included in the determination of Formula Current Assisted Stock?
- § 1000.324— How is the need component developed?
- § 1000.325— How is the need component adjusted for local area costs?
- § 1000.326— What if a formula area is served by more than one Indian tribe?
- § 1000.327— What is the order of preference for allocating the IHBG formula needs data for Indian tribes in Alaska not located on reservations due to the unique circumstances in Alaska?
- § 1000.328— What is the minimum amount that an Indian tribe may receive under the need component of the formula?
- § 1000.329— What is the minimum total grant allocated to a tribe if there is carryover funds available?
- § 1000.330— What are the data sources for the need variables?
- § 1000.331— How will the impacts from adoption of a new data source be minimized as the new data source is implemented?
- § 1000.332— Will data used by HUD to determine an Indian tribe's or TDHE's formula allocation be provided to the Indian tribe or TDHE before the allocation?
- § 1000.334— May Indian tribes, TDHEs, or HUD challenge the data from the U.S. Decennial Census or provide an alternative source of data?
- § 1000.336— How may an Indian tribe, TDHE, or HUD challenge data or appeal HUD formula determinations?
- § 1000.340— 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?
- § 1000.342— Are undisbursed IHBG funds a factor in the grant formula?
Subpart E — Federal Guarantees for Financing of Tribal Housing Activities
- § 1000.401— What terms are used throughout this subpart?
- § 1000.402— Are State recognized Indian tribes eligible for guarantees under title VI of NAHASDA?
- § 1000.404— What lenders are eligible for participation?
- § 1000.406— What constitutes tribal approval to issue notes or other obligations under title VI of NAHASDA?
- § 1000.410— What conditions shall HUD prescribe when providing a guarantee for notes or other obligations issued by an Indian tribe?
- § 1000.412— Can an issuer obtain a guarantee for more than one note or other obligation at a time?
- § 1000.414— How is an issuer's financial capacity demonstrated?
- § 1000.416— What is a repayment contract in a form acceptable to HUD?
- § 1000.418— Can grant funds be used to pay costs incurred when issuing notes or other obligations?
- § 1000.420— May grants made by HUD under section 603 of NAHASDA be used to pay net interest costs incurred when issuing notes or other obligations?
- § 1000.422— What are the procedures for applying for loan guarantees under title VI of NAHASDA?
- § 1000.424— What are the application requirements for guarantee assistance under title VI of NAHASDA?
- § 1000.426— How does HUD review a guarantee application?
- § 1000.428— For what reasons may HUD disapprove an application or approve an application for an amount less than that requested?
- § 1000.430— When will HUD issue notice to the applicant if the application is approved at the requested or reduced amount?
- § 1000.432— Can an amendment to an approved guarantee be made?
- § 1000.434— How will HUD allocate the availability of loan guarantee assistance?
- § 1000.436— How will HUD monitor the use of funds guaranteed under this subpart?
Subpart F — Recipient Monitoring, Oversight and Accountability
- § 1000.501— Who is involved in monitoring activities under NAHASDA?
- § 1000.502— What are the monitoring responsibilities of the recipient, the grant beneficiary and HUD under NAHASDA?
- § 1000.503— What is an appropriate extent of HUD monitoring?
- § 1000.506— If the TDHE is the recipient, must it submit its monitoring evaluation/results to the Indian tribe?
- § 1000.508— If the recipient monitoring identifies programmatic concerns, what happens?
- § 1000.510— What happens if tribal monitoring identifies compliance concerns?
- § 1000.512— Are performance reports required?
- § 1000.514— When must the annual performance report be submitted?
- § 1000.516— What reporting period is covered by the annual performance report?
- § 1000.518— When must a recipient obtain public comment on its annual performance report?
- § 1000.520— What are the purposes of HUD's review of the Annual Performance Report?
- § 1000.521— After the receipt of the recipient's performance report, how long does HUD have to make recommendations under section 404(c) of NAHASDA?
- § 1000.522— How will HUD give notice of on-site reviews?
- § 1000.524— What are HUD's performance measures for the review?
- § 1000.526— What information will HUD use for its review?
- § 1000.528— What are the procedures for the recipient to comment on the result of HUD's review when HUD issues a report under section 405(b) of NAHASDA?
- § 1000.530— What corrective and remedial actions will HUD request or recommend to address performance problems prior to taking action under § 1000.532?
- § 1000.532— What are the remedial actions that HUD may take in the event of recipient's substantial noncompliance?
- § 1000.534— What constitutes substantial noncompliance?
- § 1000.536— What happens to NAHASDA grant funds adjusted, reduced, withdrawn, or terminated under § 1000.532?
- § 1000.540— What hearing procedures will be used under NAHASDA?
- § 1000.542— When may HUD require replacement of a recipient?
- § 1000.544— What audits are required?
- § 1000.546— Are audit costs eligible program or administrative expenses?
- § 1000.548— Must a copy of the recipient's audit pursuant to the Single Audit Act relating to NAHASDA activities be submitted to HUD?
- § 1000.550— If the TDHE is the recipient, does it have to submit a copy of its audit to the Indian tribe?
- § 1000.552— How long must the recipient maintain program records?
- § 1000.554— Which agencies have right of access to the recipient's records relating to activities carried out under NAHASDA?
- § 1000.556— Does the Freedom of Information Act (FOIA) apply to recipient records?
- § 1000.558— Does the Federal Privacy Act apply to recipient records?