Code of Federal Regulations (Last Updated: November 8, 2024) |
Title 7 - Agriculture |
Subtitle B - Regulations of the Department of Agriculture |
Chapter XVIII - Rural Housing Service, Rural Business-Cooperative Service, Rural Utilities Service, and Farm Service Agency, Department of Agriculture |
SubChapter B - Loans and Grants Primarily for Real Estate Purposes |
Part 1823 - [Reserved] |
Subpart N - Loans to Indian Tribes and Tribal Corporations |
Exhibit A to Subpart N to Part 1823 - Loan Docket Items - Loans to Indian Tribes and Tribal Corporations
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(1) The tribe with the assistance of BIA will provide the following:
SF 424.1: Application for Federal Assistance (For Non-construction).
Form FmHA or its successor agency under Public Law 103-354 1910-11: Applicant Certification, Federal Collection Policies for Consumer or Commercial Debts. (O & 1C—Sign O);
Official audit report of the preceding 4 years including income and expenses;
List of tribal officers, including title and addresses and signature identifications;
Copy of tribe's constitution and bylaws or charter or other evidence of organization and rules of operation;
Legal services contract approved by BIA if a private law firm. A written statement will be provided when a BIA attorney performs the legal services.
Land Utilization Plan including:
(a) A short narrative description of why the land is being purchased, what use is to be made of it, and the annual net income expected to be derived from the land. If it has proven income record, that information should be included. If not, it should be so stated. If any development work is contemplated by the tribe, this should be explained, including assurance of the source of funds to carry out such development. If the land is to be operated by the tribe, this should be described, including assurance of availability of the necessary money to meet operating costs and method of management. If the land is to be leased, there should be a description of how it will be used and assurance that its intended use will conform to the overall land use pattern of the reservation or any variations justified; (b) Recommendation of BIA Soil Conservation Specialist.
Form FmHA or its successor agency under Public Law 103-354 440-34: Option to Purchase Real Property or similar purchase agreement containing the provisions of the option.
Form FmHA or its successor agency under Public Law 103-354 440-35: Acceptance of Option.
Form FmHA or its successor agency under Public Law 103-354 442-7: Operating Budget or Statement of Income and Expenses including income and expenses from all sources.
Resolution of Tribal Council or other governing body approving and providing for the proposed land acquisition and any actions necessary to carry it out, such authority to encumber real estate and waiver of immunity and, where legally necessary, evidence of any required tribal election or referendum. The resolution should substantially conform with Exhibit B.
Subordination Agreement by BIA using Exhibit D as a guide.
Form FmHA or its successor agency under Public Law 103-354 1942-46: Letter of Intent to Meet Loan Conditions Fidelity Bond for tribal officers authorized to handle monies.
Form FmHA or its successor agency under Public Law 103-354 1927-9: Preliminary Title Opinion, if required.
Form FmHA or its successor agency under Public Law 103-354 442-20: Right-of-Way easement, or right-of-way instrument, if appropriate.
Form FmHA or its successor agency under Public Law 103-354 442-21: Right-of-Way Certificate, if appropriate.
Form FmHA or its successor agency under Public Law 103-354 442-22: Opinion of Counsel Relative to Right-of-Way, if appropriate.
Form FmHA or its successor agency under Public Law 103-354 440-13: Report of Lien Search, if appropriate.
Form FmHA or its successor agency under Public Law 103-354 1927-10: Final Title Opinion, if required.
(2) The FmHA or its successor agency under Public Law 103-354 County Supervisor will provide the following:
Form FmHA or its successor agency under Public Law 103-354 1922-1: Appraisal Report— Farm Tract if BIA or commercial appraisers have not provided a present market appraisal.
Form FmHA or its successor agency under Public Law 103-354 1927-13: Waiver of Encumbrances, Exceptions and Reservations, if required.
Form FmHA or its successor agency under Public Law 103-354 440-2: County Committee Certification or Recommendation.
Form FmHA or its successor agency under Public Law 103-354 424-49: Project Summary (Loans to Indian Tribes and Tribal Corporations).
Form FmHA or its successor agency under Public Law 103-354 1942-14: Association Project Fund Analysis Letter of Conditions.
Form FmHA or its successor agency under Public Law 103-354 1940-1: Request for Obligation of Funds.
Form FmHA or its successor agency under Public Law 103-354 440-22: Promissory Note.
Form FmHA or its successor agency under Public Law 103-354 440-9: Supplementary Payment Agreement, if required.
Form FmHA or its successor agency under Public Law 103-354 1927-1 (State): Real Estate Mortgage.
Form FmHA or its successor agency under Public Law 103-354 402-1: Deposit Agreement, if required.