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FEDERAL · 24 CFR

Part 1000 — Native American Housing Activities

176 sections · Title 24: Housing and Urban Development

§ 1000.1What is the applicability and scope of these regulations?
§ 1000.2What are the guiding principles in the implementation of NAHASDA?
§ 1000.4What are the objectives of NAHASDA?
§ 1000.6What is the nature of the IHBG program?
§ 1000.8May provisions of these regulations be waived?
§ 1000.9How is negotiated rulemaking conducted when promulgating NAHASDA regulations?
§ 1000.10What definitions apply in these regulations?
§ 1000.12What nondiscrimination requirements are applicable?
§ 1000.14What relocation and real property acquisition policies are applicable?
§ 1000.16What labor standards are applicable?
§ 1000.18What environmental review requirements apply?
§ 1000.20Is an Indian tribe required to assume environmental review responsibilities?
§ 1000.21Under what circumstances are waivers of the environmental review procedures available to tribes?
§ 1000.22Are the costs of the environmental review an eligible cost?
§ 1000.24If an Indian tribe assumes environmental review responsibility, how will HUD assist the Indian tribe in performing the environmental review?
§ 1000.26What are the administrative requirements under NAHASDA?
§ 1000.28May a self-governance Indian tribe be exempted from the applicability of § 1000.26?
§ 1000.30What prohibitions regarding conflict of interest are applicable?
§ 1000.32May exceptions be made to the conflict of interest provisions?
§ 1000.34What factors must be considered in making an exception to the conflict of interest provisions?
§ 1000.36How long must a recipient retain records regarding exceptions made to the conflict of interest provisions?
§ 1000.38What flood insurance requirements are applicable?
§ 1000.40Do lead-based paint poisoning prevention requirements apply to affordable housing activities under NAHASDA?
§ 1000.42Are the requirements of Section 3 of the Housing and Urban Development Act of 1968 applicable?
§ 1000.44What prohibitions on the use of debarred, suspended, or ineligible contractors apply?
§ 1000.46Do drug-free workplace requirements apply?
§ 1000.48Are Indian or tribal preference requirements applicable to IHBG activities?
§ 1000.50What tribal or Indian preference requirements apply to IHBG administration activities?
§ 1000.52What tribal or Indian preference requirements apply to IHBG procurement?
§ 1000.54What procedures apply to complaints arising out of any of the methods of providing for Indian preference?
§ 1000.56How are NAHASDA funds paid by HUD to recipients?
§ 1000.58Are there limitations on the investment of IHBG funds?
§ 1000.60Can HUD prevent improper expenditure of funds already disbursed to a recipient?
§ 1000.62What is considered program income?
§ 1000.64What are the permissible uses of program income?
§ 1000.66Housing counseling.
§ 1000.101What is affordable housing?
§ 1000.102What are eligible affordable housing activities?
§ 1000.103How may IHBG funds be used for tenant-based or project-based rental assistance?
§ 1000.104What families are eligible for affordable housing activities?
§ 1000.106What families receiving assistance under title II of NAHASDA require HUD approval?
§ 1000.108How is HUD approval obtained by a recipient for housing for non-low-income families and model activities?
§ 1000.110Under what conditions may non-low-income Indian families participate in the program?
§ 1000.112How will HUD determine whether to approve model housing activities?
§ 1000.114How long does HUD have to review and act on a proposal to provide assistance to non-low-income families or a model housing activity?
§ 1000.116What should HUD do before declining a proposal to provide assistance to non low-income families or a model housing activity?
§ 1000.118What recourse does a recipient have if HUD disapproves a proposal to provide assistance to non-low-income families or a model housing activity?
§ 1000.120May a recipient use Indian preference or tribal preference in selecting families for housing assistance?
§ 1000.122May 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?
§ 1000.124What 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?
§ 1000.126May a recipient charge flat or income-adjusted rents?
§ 1000.128Is income verification required for assistance under NAHASDA?
§ 1000.130May a recipient charge a non low-income family rents or homebuyer payments which are more than 30 percent of the family's adjusted income?
§ 1000.132Are utilities considered a part of rent or homebuyer payments?
§ 1000.134When may a recipient (or entity funded by a recipient) demolish or dispose of current assisted stock?
§ 1000.136What insurance requirements apply to housing units assisted with NAHASDA grants?
§ 1000.138What constitutes adequate insurance?
§ 1000.139What are the standards for insurance entities owned and controlled by recipients?
§ 1000.140May a recipient use grant funds to purchase insurance for privately owned housing to protect NAHASDA grant amounts spent on that housing?
§ 1000.141What is “useful life” and how is it related to affordability?
§ 1000.142How 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?
§ 1000.143How does a recipient implement its useful life requirements?
§ 1000.144What are binding commitments satisfactory to HUD?
§ 1000.145Are Mutual Help homes developed under the 1937 Act subject to the useful life provisions of section 205(a)(2)?
§ 1000.146Are 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?
§ 1000.147When does housing qualify as affordable housing under NAHASDA?
§ 1000.150How may Indian tribes and TDHEs receive criminal conviction information on applicants for employment and on adult applicants for housing assistance, or tenants?
§ 1000.152How is the recipient to use criminal conviction information?
§ 1000.154How is the recipient to keep criminal conviction information confidential?
§ 1000.156Is affordable housing developed, acquired, or assisted under the IHBG program subject to limitations on cost or design standards?
§ 1000.158How will a NAHASDA grant recipient know that the housing assisted under the IHBG program meets the requirements of § 1000.156?
§ 1000.160Are non-dwelling structures developed, acquired or assisted under the IHBG program subject to limitations on cost or design standards?
§ 1000.162How will a recipient know that non-dwelling structures assisted under the IHBG program meet the requirements of 1000.160?
§ 1000.201How are funds made available under NAHASDA?
§ 1000.202Who are eligible recipients?
§ 1000.204How does an Indian tribe designate itself as recipient of the grant?
§ 1000.206How is a TDHE designated?
§ 1000.208What happens if an Indian tribe had two IHAs as of September 30, 1996?
§ 1000.210What happens to existing 1937 Act units in those jurisdictions for which Indian tribes do not or cannot submit an IHP?
§ 1000.212Is submission of an IHP required?
§ 1000.214What is the deadline for submission of an IHP?
§ 1000.216What 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?
§ 1000.218Who prepares and submits an IHP?
§ 1000.220What are the requirements for the IHP?
§ 1000.222Are there separate IHP requirements for small Indian tribes and small TDHEs?
§ 1000.224Can any part of the IHP be waived?
§ 1000.225When may a waiver of the IHP submission deadline be requested?
§ 1000.226Can the certification requirements of section 102(c)(5) of NAHASDA be waived by HUD?
§ 1000.227What shall HUD do upon receipt of an IHP submission deadline waiver request?
§ 1000.228If HUD changes its IHP format will Indian tribes be involved?
§ 1000.230What is the process for HUD review of IHPs and IHP amendments?
§ 1000.232Can an Indian tribe or TDHE amend its IHP?
§ 1000.234Can HUD's determination regarding the non-compliance of an IHP or a modification to an IHP be appealed?
§ 1000.236What are eligible administrative and planning expenses?
§ 1000.238What percentage of the IHBG funds can be used for administrative and planning expenses?
§ 1000.239May a recipient establish and maintain reserve accounts for administration and planning?
§ 1000.240When is a local cooperation agreement required for affordable housing activities?
§ 1000.242When does the requirement for exemption from taxation apply to affordable housing activities?
§ 1000.244If 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?
§ 1000.246How must HUD respond to a request for waiver of the requirement for a cooperation agreement and a tax exemption?
§ 1000.301What is the purpose of the IHBG formula?
§ 1000.302What are the definitions applicable for the IHBG formula?
§ 1000.304May the IHBG formula be modified?
§ 1000.306How can the IHBG formula be modified?
§ 1000.308Who can make modifications to the IHBG formula?
§ 1000.310What are the components of the IHBG formula?
§ 1000.312What is current assisted stock?
§ 1000.314What is formula current assisted stock?
§ 1000.315Is a recipient required to report changes to the Formula Current Assisted Stock (FCAS) on the Formula Response Form?
§ 1000.316How is the Formula Current Assisted Stock (FCAS) Component developed?
§ 1000.317Who is the recipient for funds for current assisted stock which is owned by state-created Regional Native Housing Authorities in Alaska?
§ 1000.318When do units under Formula Current Assisted Stock cease to be counted or expire from the inventory used for the formula?
§ 1000.319What would happen if a recipient misreports or fails to correct Formula Current Assisted Stock (FCAS) information on the Formula Response Form?
§ 1000.320How is Formula Current Assisted Stock adjusted for local area costs?
§ 1000.322Are IHA financed units included in the determination of Formula Current Assisted Stock?
§ 1000.324How is the need component developed?
§ 1000.325How is the need component adjusted for local area costs?
§ 1000.326What if a formula area is served by more than one Indian tribe?
§ 1000.327What 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?
§ 1000.328What is the minimum amount that an Indian tribe may receive under the need component of the formula?
§ 1000.329What is the minimum total grant allocated to a tribe if there is carryover funds available?
§ 1000.330What are the data sources for the need variables?
§ 1000.331How will the impacts from adoption of a new data source be minimized as the new data source is implemented?
§ 1000.332Will 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?
§ 1000.334May Indian tribes, TDHEs, or HUD challenge the data from the U.S. Decennial Census or provide an alternative source of data?
§ 1000.336How may an Indian tribe, TDHE, or HUD challenge data or appeal HUD formula determinations?
§ 1000.340What 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?
§ 1000.342Are undisbursed IHBG funds a factor in the grant formula?
§ 1000.401What terms are used throughout this subpart?
§ 1000.402Are State recognized Indian tribes eligible for guarantees under title VI of NAHASDA?
§ 1000.404What lenders are eligible for participation?
§ 1000.406What constitutes tribal approval to issue notes or other obligations under title VI of NAHASDA?
§ 1000.410What conditions shall HUD prescribe when providing a guarantee for notes or other obligations issued by an Indian tribe?
§ 1000.412Can an issuer obtain a guarantee for more than one note or other obligation at a time?
§ 1000.414How is an issuer's financial capacity demonstrated?
§ 1000.416What is a repayment contract in a form acceptable to HUD?
§ 1000.418Can grant funds be used to pay costs incurred when issuing notes or other obligations?
§ 1000.420May grants made by HUD under section 603 of NAHASDA be used to pay net interest costs incurred when issuing notes or other obligations?
§ 1000.422What are the procedures for applying for loan guarantees under title VI of NAHASDA?
§ 1000.424What are the application requirements for guarantee assistance under title VI of NAHASDA?
§ 1000.426How does HUD review a guarantee application?
§ 1000.428For what reasons may HUD disapprove an application or approve an application for an amount less than that requested?
§ 1000.430When will HUD issue notice to the applicant if the application is approved at the requested or reduced amount?
§ 1000.432Can an amendment to an approved guarantee be made?
§ 1000.434How will HUD allocate the availability of loan guarantee assistance?
§ 1000.436How will HUD monitor the use of funds guaranteed under this subpart?
§ 1000.501Who is involved in monitoring activities under NAHASDA?
§ 1000.502What are the monitoring responsibilities of the recipient, the grant beneficiary and HUD under NAHASDA?
§ 1000.503What is an appropriate extent of HUD monitoring?
§ 1000.506If the TDHE is the recipient, must it submit its monitoring evaluation/results to the Indian tribe?
§ 1000.508If the recipient monitoring identifies programmatic concerns, what happens?
§ 1000.510What happens if tribal monitoring identifies compliance concerns?
§ 1000.512Are performance reports required?
§ 1000.514When must the annual performance report be submitted?
§ 1000.516What reporting period is covered by the annual performance report?
§ 1000.518When must a recipient obtain public comment on its annual performance report?
§ 1000.520What are the purposes of HUD's review of the Annual Performance Report?
§ 1000.521After the receipt of the recipient's performance report, how long does HUD have to make recommendations under section 404(c) of NAHASDA?
§ 1000.522How will HUD give notice of on-site reviews?
§ 1000.524What are HUD's performance measures for the review?
§ 1000.526What information will HUD use for its review?
§ 1000.528What 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?
§ 1000.530What corrective and remedial actions will HUD request or recommend to address performance problems prior to taking action under § 1000.532?
§ 1000.532What are the remedial actions that HUD may take in the event of recipient's substantial noncompliance?
§ 1000.534What constitutes substantial noncompliance?
§ 1000.536What happens to NAHASDA grant funds adjusted, reduced, withdrawn, or terminated under § 1000.532?
§ 1000.540What hearing procedures will be used under NAHASDA?
§ 1000.542When may HUD require replacement of a recipient?
§ 1000.544What audits are required?
§ 1000.546Are audit costs eligible program or administrative expenses?
§ 1000.548Must a copy of the recipient's audit pursuant to the Single Audit Act relating to NAHASDA activities be submitted to HUD?
§ 1000.550If the TDHE is the recipient, does it have to submit a copy of its audit to the Indian tribe?
§ 1000.552How long must the recipient maintain program records?
§ 1000.554Which agencies have right of access to the recipient's records relating to activities carried out under NAHASDA?
§ 1000.556Does the Freedom of Information Act (FOIA) apply to recipient records?
§ 1000.558Does the Federal Privacy Act apply to recipient records?