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Home Page > Executive Branch > Code of Federal Regulations > Electronic Code of Federal Regulations
e-CFR Data is current as of March 12, 2009
TITLE 24--Housing and Urban Development
CHAPTER IX--OFFICE OF ASSISTANT SECRETARY FOR PUBLIC AND INDIAN HOUSING, DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
PART 1000--NATIVE AMERICAN HOUSING ACTIVITIES
Subpart A--GENERAL
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| What is the applicability and scope of these regulations? |
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| What are the guiding principles in the implementation of NAHASDA? |
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| What are the objectives of NAHASDA? |
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| What is the nature of the IHBG program? |
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| May provisions of these regulations be waived? |
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| What definitions apply in these regulations? |
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| What nondiscrimination requirements are applicable? |
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| What relocation and real property acquisition policies are applicable? |
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| What labor standards are applicable? |
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| What environmental review requirements apply? |
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| Is an Indian tribe required to assume environmental review responsibilities? |
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| Are the costs of the environmental review an eligible cost? |
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| If an Indian tribe assumes environmental review responsibility, how will HUD assist the Indian tribe in performing the environmental review? |
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| What are the administrative requirements under NAHASDA? |
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| May a self-governance Indian tribe be exempted from the applicability of 1000.26? |
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| What prohibitions regarding conflict of interest are applicable? |
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| May exceptions be made to the conflict of interest provisions? |
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| What factors must be considered in making an exception to the conflict of interest provisions? |
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| How long must a recipient retain records regarding exceptions made to the conflict of interest provisions? |
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| What flood insurance requirements are applicable? |
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| Do lead-based paint poisoning prevention requirements apply to affordable housing activities under NAHASDA? |
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| Are the requirements of section 3 of the Housing and Urban Development Act of 1968 applicable? |
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| What prohibitions on the use of debarred, suspended, or ineligible contractors apply? |
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| Do drug-free workplace requirements apply? |
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| Are Indian preference requirements applicable to IHBG activities? |
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| What Indian preference requirements apply to IHBG administration activities? |
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| What Indian preference requirements apply to IHBG procurement? |
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| What procedures apply to complaints arising out of any of the methods of providing for Indian preference? |
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| How are NAHASDA funds paid by HUD to recipients? |
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| Are there limitations on the investment of IHBG funds? |
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| Can HUD prevent improper expenditure of funds already disbursed to a recipient? |
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| What is considered program income and what restrictions are there on its use? |
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Subpart B--AFFORDABLE HOUSING ACTIVITIES
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| What is affordable housing? |
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| What are eligible affordable housing activities? |
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| How may IHBG funds be used for tenant-based or project-based rental assistance? |
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| What families are eligible for affordable housing activities? |
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| What families receiving assistance under title II of NAHASDA require HUD approval? |
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| How is HUD approval obtained by a recipient for housing for non low-income Indian families and model activities? |
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| Under what conditions may non low-income Indian families participate in the program? |
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| How will HUD determine whether to approve model housing activities? |
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| How long does HUD have to review and act on a proposal to provide assistance to non low-income Indian families or a model housing activity? |
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| What should HUD do before declining a proposal to provide assistance to non low-income Indian families or a model housing activity? |
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| What recourse does a recipient have if HUD disapproves a proposal to provide assistance to non low-income Indian families or a model housing activity? |
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| May a recipient use Indian preference or tribal preference in selecting families for housing assistance? |
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| 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? |
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| 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? |
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| May a recipient charge flat or income-adjusted rents? |
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| Is income verification required for assistance under NAHASDA? |
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| 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? |
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| Are utilities considered a part of rent or homebuyer payments? |
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| When may a recipient (or entity funded by a recipient) demolish or dispose of current assisted stock? |
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| What insurance requirements apply to housing units assisted with NAHASDA grants? |
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| What constitutes adequate insurance? |
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| What are the standards for insurance entities owned and controlled by recipients? |
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| May a recipient use grant funds to purchase insurance for privately owned housing to protect NAHASDA grant amounts spent on that housing? |
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| What is 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? |
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| Are Mutual Help homes developed under the 1937 Act subject to the useful life provisions of section 205(a)(2)? |
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| Are homebuyers required to remain low-income throughout the term of their participation in a housing program funded under NAHASDA? |
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| How may Indian tribes and TDHEs receive criminal conviction information on adult applicants or tenants? |
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| How is the recipient to use criminal conviction information? |
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| How is the recipient to keep criminal conviction information confidential? |
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| Is affordable housing developed, acquired, or assisted under the IHBG program subject to limitations on cost or design standards? |
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| How will a NAHASDA grant recipient know that the housing assisted under the IHBG program meets the requirements of 1000.156? |
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| Are non-dwelling structures developed, acquired or assisted under the IHBG program subject to limitations on cost or design standards? |
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| How will a recipient know that non-dwelling structures assisted under the IHBG program meet the requirements of 1000.160? |
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Subpart C--INDIAN HOUSING PLAN (IHP)
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| How are funds made available under NAHASDA? |
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| Who are eligible recipients? |
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| How does an Indian tribe designate itself as recipient of the grant? |
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| How is a TDHE designated? |
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| What happens if an Indian tribe had two IHAs as of September 30, 1996? |
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| What happens to existing 1937 Act units in those jurisdictions for which Indian tribes do not or cannot submit an IHP? |
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| Is submission of an IHP required? |
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| What is the deadline for submission of an IHP? |
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| What happens if the recipient does not submit the IHP to the Area ONAP by July 1? |
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| Who prepares and submits an IHP? |
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| What are the minimum requirements for the IHP? |
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| Are there separate IHP requirements for small Indian tribes and small TDHEs? |
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| Can any part of the IHP be waived? |
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| Can the certification requirements of section 102(c)(5) of NAHASDA be waived by HUD? |
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| If HUD changes its IHP format will Indian tribes be involved? |
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| What is the process for HUD review of IHPs and IHP amendments? |
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| Can an Indian tribe or TDHE amend its IHP? |
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| Can HUD's determination regarding the non-compliance of an IHP or a modification to an IHP be appealed? |
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| What are eligible administrative and planning expenses? |
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| What percentage of the IHBG funds can be used for administrative and planning expenses? |
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| When is a local cooperation agreement required for affordable housing activities? |
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| When does the requirement for exemption from taxation apply to affordable housing activities? |
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Subpart D--ALLOCATION FORMULA
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| What is the purpose of the IHBG formula? |
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| What are the definitions applicable for the IHBG formula? |
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| May the IHBG formula be modified? |
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| How can the IHBG formula be modified? |
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| Who can make modifications to the IHBG formula? |
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| What are the components of the IHBG formula? |
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| What is current assisted stock? |
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| What is formula current assisted stock? |
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| Is a recipient required to report changes to the Formula Current Assisted Stock (FCAS) on the Formula Response Form? |
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| How is the Formula Current Assisted Stock (FCAS) Component developed? |
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| Who is the recipient for funds for current assisted stock which is owned by state-created Regional Native Housing Authorities in Alaska? |
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| When do units under Formula Current Assisted Stock cease to be counted or expire from the inventory used for the formula? |
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| What would happen if a recipient misreports or fails to correct Formula Current Assisted Stock (FCAS) information on the Formula Response Form? |
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| How is Formula Current Assisted Stock adjusted for local area costs? |
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| Are IHA financed units included in the determination of Formula Current Assisted Stock? |
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| How is the need component developed? |
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| How is the need component adjusted for local area costs? |
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| What if a formula area is served by more than one Indian tribe? |
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| 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? |
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| What is the minimum amount that an Indian tribe may receive under the need component of the formula? |
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| What are the data sources for the need variables? |
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| 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? |
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| May Indian tribes, TDHEs, or HUD challenge the data from the U.S. Decennial Census or provide an alternative source of data? |
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| How may an Indian tribe, TDHE, or HUD challenge data or appeal HUD formula determinations? |
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| 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? |
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Subpart E--FEDERAL GUARANTEES FOR FINANCING OF TRIBAL HOUSING ACTIVITIES
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| What terms are used throughout this subpart? |
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| Are State recognized Indian tribes eligible for guarantees under title VI of NAHASDA? |
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| What lenders are eligible for participation? |
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| What constitutes tribal approval to issue notes or other obligations under title VI of NAHASDA? |
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| How does an Indian tribe or TDHE show that it has made efforts to obtain financing without a guarantee and cannot complete such financing in a timely manner? |
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| What conditions shall HUD prescribe when providing a guarantee for notes or other obligations issued by an Indian tribe? |
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| Can an issuer obtain a guarantee for more than one note or other obligation at a time? |
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| How is an issuer's financial capacity demonstrated? |
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| What is a repayment contract in a form acceptable to HUD? |
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| Can grant funds be used to pay costs incurred when issuing notes or other obligations? |
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| May grants made by HUD under section 603 of NAHASDA be used to pay net interest costs incurred when issuing notes or other obligations? |
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| What are the procedures for applying for loan guarantees under title VI of NAHASDA? |
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| What are the application requirements for guarantee assistance under title VI of NAHASDA? |
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| How does HUD review a guarantee application? |
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| For what reasons may HUD disapprove an application or approve an application for an amount less than that requested? |
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| When will HUD issue notice to the applicant if the application is approved at the requested or reduced amount? |
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| Can an amendment to an approved guarantee be made? |
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| How will HUD allocate the availability of loan guarantee assistance? |
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| How will HUD monitor the use of funds guaranteed under this subpart? |
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Subpart F--RECIPIENT MONITORING, OVERSIGHT AND ACCOUNTABILITY
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| Who is involved in monitoring activities under NAHASDA? |
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| What are the monitoring responsibilities of the recipient, the grant beneficiary and HUD under NAHASDA? |
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| What are the recipient performance objectives? |
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| If the TDHE is the recipient, must it submit its monitoring evaluation/results to the Indian tribe? |
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| If the recipient monitoring identifies programmatic concerns, what happens? |
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| What happens if tribal monitoring identifies compliance concerns? |
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| Are performance reports required? |
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| When must the annual performance report be submitted? |
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| What reporting period is covered by the annual performance report? |
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| When must a recipient obtain public comment on its annual performance report? |
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| What are the purposes of HUD review? |
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| After the receipt of the recipient's performance report, how long does HUD have to make recommendations under section 404(c) of NAHASDA? |
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| How will HUD give notice of on-site reviews? |
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| What are HUD's performance measures for the review? |
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| What information will HUD use for its review? |
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| 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? |
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| What corrective and remedial actions will HUD request or recommend to address performance problems prior to taking action under 1000.532 or 1000.538? |
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| What are the adjustments HUD makes to a recipient's future year's grant amount under section 405 of NAHASDA? |
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| What constitutes substantial noncompliance? |
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| What happens to NAHASDA grant funds adjusted, reduced, withdrawn, or terminated under 1000.532 or 1000.538? |
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| What remedies are available for substantial noncompliance? |
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| What hearing procedures will be used under NAHASDA? |
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| When may HUD require replacement of a recipient? |
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| What audits are required? |
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| Are audit costs eligible program or administrative expenses? |
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| Must a copy of the recipient's audit pursuant to the Single Audit Act relating to NAHASDA activities be submitted to HUD? |
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| If the TDHE is the recipient, does it have to submit a copy of its audit to the Indian tribe? |
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| How long must the recipient maintain program records? |
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| Which agencies have right of access to the recipient's records relating to activities carried out under NAHASDA? |
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| Does the Freedom of Information Act (FOIA) apply to recipient records? |
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| Does the Federal Privacy Act apply to recipient records? |
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