2005 CFR Title 24, Volume 4

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
	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?
	1000.10	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?
	1000.22	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 preference requirements applicable to IHBG activities?
	1000.50	What Indian preference requirements apply to IHBG administration activities?
	1000.52	What 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 and what restrictions are there on its use?
	1000.101	What is affordable housing?
	1000.102	What are eligible affordable housing activities?
	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 Indian 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 Indian families or a model housing activity?
	1000.116	What should HUD do before declining a proposal to provide assistance to non low-income Indian 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 Indian 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?
	1000.140	May a recipient use grant funds to purchase insurance for privately owned housing to protect NAHASDA grant amounts spent on that housing?
	1000.142	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?
	1000.144	Are Mutual Help homes developed under the 1937 Act subject to the useful life provisions of section 205(a)(2)?
	1000.146	Are homebuyers required to remain low-income throughout the term of their participation in a housing program funded under NAHASDA?
	1000.150	How may Indian tribes and TDHEs receive criminal conviction information on adult applicants 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 July 1?
	1000.218	Who prepares and submits an IHP?
	1000.220	What are the minimum 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?
	1000.226	Can the certification requirements of section 102(c)(5) of NAHASDA be waived by HUD?
	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?
	1000.240	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?
	1000.301	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?
	1000.316	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?
	1000.320	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 an Indian tribe can receive under the need component of the formula?
	1000.330	What are data sources for the need variables?
	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?
	1000.340	What if an Indian tribe is allocated less funding under the block grant formula than it received in Fiscal Year 1996 for operating subsidy and modernization?
	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?
	1000.408	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?
	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?
	1000.504	What are the recipient performance objectives?
	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 review?
	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 or 1000.538?
	1000.532	What are the adjustments HUD makes to a recipient's future year's grant amount under section 405 of NAHASDA?
	1000.534	What constitutes substantial noncompliance?
	1000.536	What happens to NAHASDA grant funds adjusted, reduced, withdrawn, or terminated under 1000.532 or 1000.538?
	1000.538	What remedies are available for substantial noncompliance?
	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?