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Part 1000
FEDERAL · 24 CFR
Part 1000 — Native American Housing Activities
176 sections · Title 24: Housing and Urban Development
§ 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.
§ 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?
§ 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?
§ 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?
§ 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?
§ 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?