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?

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?

§ 1000.408 - 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?

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?

§ 1000.504 - 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'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?

§ 1000.538 - 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?

Appendix A to Part 1000 - Indian Housing Block Grant Formula Mechanics

Appendix B to Part 1000 - IHBG Block Grant Formula Mechanisms