95-1416. NOFA for the Traditional Indian Housing Development Program for Fiscal Year 1995  

  • [Federal Register Volume 60, Number 13 (Friday, January 20, 1995)]
    [Notices]
    [Pages 4330-4335]
    From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
    [FR Doc No: 95-1416]
    
    
    
    
    [[Page 4329]]
    
    _______________________________________________________________________
    
    Part V
    
    
    
    
    
    Department of Housing and Urban Development
    
    
    
    
    
    _______________________________________________________________________
    
    
    
    Office of the Assistant Secretary for Public and Indian Housing
    
    
    
    _______________________________________________________________________
    
    
    
    NOFA for the Traditional Indian Housing Development Program for Fiscal 
    Year 1995; Notice
    
    Federal Register / Vol. 60, No. 13 / Friday, January 20, 1995 / 
    Notices 
    [[Page 4330]] 
    
    DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
    
    Office of the Assistant Secretary for Public and Indian Housing
    [Docket No. N-95-3843; FR-3769-N-01]
    
    
    NOFA for the Traditional Indian Housing Development Program for 
    Fiscal Year 1995
    
    AGENCY: Office of the Assistant Secretary for Public and Indian 
    Housing, HUD.
    
    ACTION: Notice of funding availability (NOFA) for fiscal year 1995.
    
    -----------------------------------------------------------------------
    
    SUMMARY: A. This notice announces the availability of funding for 
    Fiscal Year (FY) 1995 for the development of new Indian Housing (IH) 
    units and provides the applicable criteria, processing requirements and 
    action timetable. All Indian housing authorities (IHAs) which have not 
    been determined to be administratively incapable, in accordance with 24 
    CFR 905.135, are invited to submit applications for Indian Housing 
    developments in accordance with the requirements of this NOFA.
        B. This NOFA contains information concerning the purpose of this 
    NOFA; eligibility; available amounts; and the procedures that an IHA 
    must follow to apply for new Indian Housing units. The procedures for 
    rating, ranking, and funding IHA applications are also in this NOFA.
    
    DATES: Applications must be physically received by the Field Office of 
    Native American Programs (FONAP) having jurisdiction over the applicant 
    on or before 3:00 p.m., FONAP local time, March 6, 1995. The applicant 
    shall submit its application(s) for new housing units on Form HUD-52730 
    with all supporting documentation required by Appendix 2, and for 
    demolition or disposition in accordance with 24 CFR part 905, subpart 
    M.
    
    FOR FURTHER INFORMATION CONTACT: Applicants may contact the appropriate 
    FONAP for further information. Refer to Appendix 1, for a complete list 
    of FONAPs and telephone numbers.
    
    SUPPLEMENTARY INFORMATION:
    
    Paperwork Reduction Act Statement
    
        In accordance with the Paperwork Reduction Act of 1980 (44 U. S. C. 
    3501-3520), the information collection requirements contained in these 
    application procedures for development funds were reviewed by the 
    Office of Management and Budget and assigned OMB control number 2577-
    0030.
    
    Changes From FY 1994 NOFA
    
        The Indian Housing Development NOFA for FY 1995 is essentially the 
    same document published for the FY 1994 funding cycle with the 
    following substantive changes:
        A. Revised program administration criterion. The rating factor for 
    current IHA development pipeline activity has been modified to allow 
    field offices to consider all facilities development, renovation, and/
    or maintenance activities of an IHA.
        B. Regional variations in maximum points available for rating 
    factors. Previous Indian Housing Development NOFAs established a 
    national standard for points to be awarded for each rating factor. To 
    address differences in circumstances in each of the field office 
    jurisdictions, the FY 1995 NOFA includes variations, by FONAP 
    jurisdiction, in the points to be awarded for each rating factor.
        C. Regional variations in the maximum unit award table. Previous 
    Indian Housing Development NOFAs established a national standard for 
    the maximum number of units to be awarded for each approved 
    application. To address differences in circumstances in each of the 
    FONAP jurisdictions, the FY 1995 NOFA includes variations, by FONAP 
    jurisdiction, in the maximum units award table.
        D. Bonus rating factor. A new factor has been added to the rating 
    criteria which provides up to 5 points for project pre-planning, 
    economical selection of housing sites, and/or innovative approaches to 
    development or financing.
    
    I. New Development
    
    A. Authority
    
        1. Statutory Authority. Sections 5 and 6, U.S. Housing Act of 1937 
    (42 U.S.C. 1437c, 1437d), as amended; U.S. Department of Housing and 
    Urban Development and Independent Agencies Appropriations Act for 
    Fiscal Year 1995; Section 23 U.S. Housing Act of 1937, as added by 
    section 554, Cranston-Gonzalez National Affordable Housing Act; section 
    7(d), Department of Housing and Urban Development Act (42 U.S.C. 
    3535(d).
        2. Indian Housing Regulations. Indian Housing Development 
    regulations are published at 24 CFR part 905.
        3. 24 CFR Part 135. Economic Opportunities for Low and Very Low 
    Income Persons. All applicants are herein notified that the provisions 
    of section 3 of the Housing and Urban Development Act of 1968, as 
    amended, and the regulations in 24 CFR part 135 are applicable to 
    funding awards made under this NOFA. One of the purposes of the 
    assistance is to give to the greatest extent feasible, and consistent 
    with existing Federal, State, and local laws and regulations, job 
    training, employment, contracting and other economic opportunities to 
    section 3 residents and section 3 business concerns. IHAs and tribes 
    that receive HUD assistance described in this part shall comply with 
    the procedures and requirements of this part to the maximum extent 
    consistent with, but not in derogation of, compliance with section 7(b) 
    of the Indian Self-Determination and Education Assistance Act (25 
    U.S.C. 450e(b).
    
    B. Development Allocation Amount
    
        The FY 1995 VA-HUD Appropriations Act (Public Law 103-327) made 
    available $282,000,000 of budget authority for the Indian Housing 
    Development program (new Indian Housing units). Since some of the 
    appropriated funds are to be derived from the recapture of prior year 
    obligations and anticipated carryover funds, the actual amount 
    available may be less.
        Each of the FONAP jurisdictions has been designated as the smallest 
    practical area for the allocation of assistance. Funds available for 
    new units will be assigned to the FONAPs consistent with 24 CFR 
    791.403.
        Up to $20,000,000 of the available Indian Housing Development funds 
    will be made available by the Department in order to provide funds 
    needed to replace units approved for demolition/disposition. Any 
    portion of the $20,000,000 that is not designated for demolition/
    disposition replacements by July 1, 1995, as well as any amounts of 
    actual recaptures that are realized and reallotted to the program, will 
    be made available to the six FONAPs on the same basis as the amounts 
    allocated for new units.
        The competitive process described in this NOFA will be used to 
    select IHA applications to be funded for new Indian Housing units. 
    Departmental compliance with the metropolitan/non-metropolitan 
    provisions of section 213(d) of the Housing and Community Development 
    Act of 1974 may require the selection of lower rated metropolitan 
    applications over higher rated non-metropolitan applications. The table 
    below indicates the percentage of grant authority available for new 
    units in FY 1995 for the six FONAPs, inclusive of funds needed to meet 
    off-site sewer and water requirements.
    
                                                                                                                    
    [[Page 4331]]                                                                                                   
    ------------------------------------------------------------------------
                                                                 Percentage 
                          FONAP location                          of total  
                                                                    funds   
    ------------------------------------------------------------------------
    Eastern/Woodlands.........................................       14.0547
    Southern Plains...........................................       14.7517
    Northern Plains...........................................       11.4959
    Southwest.................................................       31.0788
    Northwest.................................................       09.0740
    Alaska....................................................       19.5449
        Total.................................................      100     
    ------------------------------------------------------------------------
    
    C. Eligibility for New Housing Units
    
        All IHAs which have not been determined to be administratively 
    incapable in accordance with 24 CFR 905.135, have been organized in 
    accordance with 24 CFR 905.125 and 905.126, and have the required 
    tribal and/or local cooperation agreements as required by the U.S. 
    Housing Act of 1937, as amended, are invited to submit applications for 
    new Indian Housing units.
        All IHAs that have developments assisted under the U.S. Housing Act 
    of 1937, as amended, and meet the requirements of 24 CFR part 905 
    subpart M, may apply for funds for demolition or disposition, whether 
    eligible for new units or not.
    
    D. Development Award Application Process
    
        1. Application Due Date. An IHA may submit an application(s) for a 
    project at any time after the publication date of this NOFA, to the 
    FONAP having jurisdiction over the IHA applicant on or before 3:00 
    p.m., FONAP local time, March 6, 1995 for new Indian Housing units. The 
    application(s) shall be submitted on Form HUD-52730 and shall be 
    accompanied by all the legal and administrative attachments required by 
    the form and the items specified in Appendix 2. A facsimile of the 
    application will not constitute physical delivery.
        The application deadline is firm as to date and hour. HUD will 
    treat as ineligible for consideration any application that is received 
    after the application deadline. Applicants should make early submission 
    of their materials to avoid any risk of loss of eligibility brought 
    about by unanticipated delays or other delivery related problems.
        2. Application Kit. Application Kit and applicable forms may be 
    obtained from any FONAP listed in Appendix 1.
        3. Submittal of Complete Application. Completed applications must 
    be submitted to the FONAP having jurisdiction over the IHA applicant at 
    the address/location listed in Appendix 1.
        4. Action on Application. When the application is received by HUD, 
    HUD will provide written notification to the IHA showing the date and 
    time the application was received in the FONAP. The FONAP will begin 
    review of the application within 14 calendar days after the application 
    deadline. The application must be complete and must demonstrate legal 
    sufficiency and the IHA must not have been disqualified for funding of 
    new projects, as determined in accordance with 905.135. If it is 
    evident that any application fails to satisfy these technical 
    requirements, the FONAP will immediately return the application and 
    will identify, in writing, the deficiencies. The IHA will be allowed to 
    cure minor technical deficiencies within 14 calendar days of written 
    notification by the FONAP. All responses must be in writing and 
    received within 14 calendar days of the date HUD issues a written 
    notification of deficiency. Under no circumstances may an applicant 
    submit information which would affect the rating of the application 
    after the original due date for application submission.
    
    E. Ranking Factors and Selection Criteria
    
        1. Rating and Ranking. Rating and ranking of applications from IHAs 
    for new Indian Housing units will be done in accordance with 24 CFR 
    905.220. Applications from new IHAs, or, in the case of an umbrella IHA 
    that has added a new tribe, the application from the new tribe, will 
    receive 100 points. If an IHA that serves more than one tribal 
    government, or, in the case of Alaska, more than one village, submits 
    applications for housing units in several of the communities, each 
    application will be treated separately, for purposes of the number of 
    points awarded. Newly created IHAs for tribes which have previously 
    received housing units under an umbrella IHA shall not be awarded 100 
    points but scored as an established IHA.
        For each FONAP jurisdiction, the rankings will be based on awarding 
    points to each application for the following categories in accordance 
    with the table of maximum points available per category by FONAP 
    jurisdictional area (see g. below):
        a. The relative unmet IHA need for housing units compared to the 
    other eligible applications for that program type (i.e., low rent (LR) 
    or mutual help (MH), based on IHA waiting lists and the total number of 
    units in management and in the development pipeline. There should be a 
    separate waiting list for each program type. This need will be measured 
    for each program type by dividing the number of families on the waiting 
    list, by the IHA's total number of units in management and under 
    development. If the result of this division is greater than 1.00, the 
    maximum points for this category shall be awarded. Otherwise, the 
    result of this division shall be multiplied by the maximum possible 
    points available. If the IHA has 500 or more families on the waiting 
    list, it is awarded the maximum points available for the category.
        b. The relative IHA occupancy rate compared to the occupancy rates 
    of other eligible IHA applications for that program type. The occupancy 
    rate for an IHA shall be derived from the most recent data entered in 
    the HUD Management Information Retrieval System (MIRS) national data 
    base, which reports total units available and total units occupied 
    based on information supplied by IHAs on forms submitted periodically 
    to HUD. For all IHA projects in management, the total number of units 
    occupied is divided by the total number of units available, multiplied 
    by 100. This occupancy rate for an IHA will then be divided by the 
    highest occupancy rate of any IHA (never to exceed 97%, in any event), 
    and this ratio shall be multiplied by the maximum points available for 
    the category to calculate an IHA's points for this category. An 
    existing IHA that is applying for a previously unfunded program type 
    will be awarded a score equal to the highest rated score for this 
    factor in the FONAP jurisdiction competition. A newly created IHA for a 
    tribe which previously received housing units under an Umbrella IHA 
    shall be awarded a score based on the units within such tribe's 
    jurisdiction whether or not such units have been transferred to the 
    newly created IHA.
        c. Length of time since the last Program Reservation date. The 
    number of days from January 1, 1995 to the date of the last Program 
    Reservation for an IHA shall be divided by the longest time, in number 
    of days, since the last Program Reservation for any IHA. This ratio 
    shall be multiplied by the maximum points available for the category to 
    calculate an IHA's points for this category. A newly created IHA for a 
    tribe which previously received housing units under an Umbrella IHA 
    shall be awarded a score based on the last Program Reservation for 
    units within such tribe's jurisdiction. Units received for demolition 
    or disposition purposes will not be counted for rating and ranking 
    purposes for new Indian Housing units in FY 1995.
        d. Current IHA development and physical improvements activity. This 
    factor evaluates the IHA's performance during the past 24 months in 
    developing new housing or maintaining/improving current housing. The 
    FONAP will [[Page 4332]] evaluate the IHA's performance in these areas 
    and will award points based upon but not limited to:
        (1) Submittal of approvable Development Programs within the time 
    frames prescribed in the IHA's planning schedules;
        (2) Construction start within 30 months of Program Reservation, not 
    including time under statutory exclusion;
        (3) Submittal of Actual Development Cost Certificates within 24 
    months after the Date of Full Availability;
        (4) Compliance with CompGrant/modernization implementation 
    schedules;
        (5) Effectiveness of maintenance policies and procedures in 
    protecting physical assets of the IHA;
        (6) Effectiveness of the IHA's development and physical 
    improvements contract administration.
        The FONAP will prepare written support for the number of points 
    awarded which will be available to the IHA upon request. The FONAP 
    shall take into consideration any unforeseen events such as natural 
    disasters or other factors that may have precluded the IHA from meeting 
    the criteria for this factor. The maximum points available for this 
    category are listed in the table under g. below. A newly created IHA 
    for a tribe which previously received housing units under an Umbrella 
    IHA shall be awarded a score based on the IHA's plan for developing and 
    maintaining the units.
        e. A bonus of up to 5 points will be awarded to any application 
    where the applicant clearly demonstrates:
        (1) Pre-planning of site selection and coordination with other 
    funding agencies, utility companies, and tribal departments, or
        (2) That the applicant has identified and selected sites for the 
    development which result in savings of not less than 5 percent of the 
    proposed development cost from using existing utility systems, pre-
    developed subdivision sites, or other items documented by the 
    applicant.
        (3) Innovative approaches to development or financing which will 
    significantly reduce the delivery time of housing or expand the number 
    of houses developed without reducing quality.
        f. Computation. Scores for ranking shall be carried out to two 
    decimal places (xx.xx).
        g. Points available for each rating category. The following table 
    reflects the maximum points available for each category for each of the 
    FONAP jurisdictional areas:
    
                        Points Awarded for Rating Factors                   
    ------------------------------------------------------------------------
                                                (b)                   (d)   
                                   (a) Need  Occupancy   (c) Time   Workload
    ------------------------------------------------------------------------
    Eastern/Woodlands...........         30         30         20         20
    Southern Plains.............         35         10         25         30
    Northern Plains.............         30         20         20         30
    Southwest...................         40         20         20         20
    Northwest...................         10         10         20         60
    Alaska......................         40         20         20         20
    ------------------------------------------------------------------------
    
        2. Selection Criteria.
        a. The ranking process will produce an ordered list of IHA 
    applications by FONAP jurisdiction that may receive funding. The order 
    is established by the total number of points the application received 
    in the rating process. If any funds remain after the initial funding 
    cycle within the FONAP jurisdiction, the funds will be provided to more 
    fully fund applications that were reduced due to the Maximum Units 
    Award table shown in paragraph b below.
        b. The number of units awarded shall be based upon the following 
    table to ensure a more equitable distribution and meaningful 
    competition based on need. Exceptions to the maximum number of units 
    awarded based on the table shall be made and approved by the FONAP 
    Administrator upon proper justification. Examples of justifications for 
    varying from the table include equalization of units awarded to IHAs 
    with similar scores or adjustments to assure the award of reasonably 
    sized projects to all IHAs above a minimum score determined by the 
    FONAP.
    
    ----------------------------------------------------------------------------------------------------------------
         Total of all units IHA requested in       Eastern/   Southern   Northern                                   
           application(s) by program type         Woodlands    Plains     Plains    Southwest   Northwest    Alaska 
    ----------------------------------------------------------------------------------------------------------------
    1,000 and above.............................        300        300        100         240         300        300
    750 to 999..................................        200        200         90         160         200        200
    500 to 749..................................        150        150         80         120         100        150
    400 to 499..................................        100        100         70          80          80        100
    300 to 399..................................         80         80         60          64          60         80
    200 to 299..................................         60         60         50          48          40         60
    199 and fewer...............................         40         40         40          32          20         40
    ----------------------------------------------------------------------------------------------------------------
    
        If an IHA that serves more than one tribal government, or in the 
    case of Alaska, more than one village, submits applications for housing 
    units in several of the communities, each application will be treated 
    separately, for purposes of the number of units awarded.
        c. Tie breaker. In the case of ties, priority will be given to the 
    application that has the highest ratio of units to: (1) Pre-approved 
    sites, and, if there is still a tie: (2) BIA approved leases for the 
    proposed project site(s).
        3. Replacement Housing. IHA applications for demolition or 
    disposition may require a commitment for replacement housing units on a 
    one for one replacement to comply with requirements of Section 18 of 
    the U.S. Housing Act, as amended. IHAs are to process requests for 
    demolition or disposition in accordance with 24 CFR part 905, subpart 
    M. [[Page 4333]] 
    
    II. Other Matters
    
    A. HUD Reform Act
    
    1. Required Disclosures by Applicants
        a. Disclosures. All applicants are required to disclose information 
    with respect to any additional funds that can reasonably be expected to 
    be received by them as assistance in excess of $200,000 (in the 
    aggregate) during the Fiscal Year that will be related to the project. 
    Disclosure must be made relative to any related assistance from the 
    Federal instrumentalities (other than HUD), a state, or a unit of 
    general local government that is expected to be made available with 
    respect to the project for which the applicant is seeking assistance. 
    The assistance shall include but not be limited to any loan, grant, 
    guarantee, insurance, payment, rebate, subsidy, credit, tax benefit, or 
    any other form of direct or indirect assistance.
        b. Updates. The IHA applicant shall update this disclosure within 
    30 days of any substantial change. This update is required during the 
    period when an application is pending or assistance is being provided.
    2. Prohibited Disclosures by HUD Employees
        HUD's regulation implementing section 103 of the Department of 
    Housing and Urban Development Reform Act of 1989 was published May 13, 
    1991 (56 FR 22088) and became effective on June 12, 1991. That 
    regulation, codified as 24 CFR part 4, applies to this funding 
    competition. The requirements of the rule continue to apply until the 
    selection of successful applicants. HUD employees involved in the 
    review of applications and in the making of funding decisions are 
    restrained by part 4 from providing advance information to any person 
    (other than an authorized employee of HUD) concerning funding 
    decisions, or from otherwise giving any applicant an unfair competitive 
    advantage. Persons who apply for assistance in this competition should 
    confine their inquiries to the subject areas permitted under 24 CFR 
    Part 4.
        Applicants who have questions should contact the HUD Office of 
    Ethics (202) 708-3815. (This is not a toll-free number). The Office of 
    Ethics can provide information of a general nature to HUD employees, as 
    well. However, a HUD employee who has specific program questions, such 
    as whether particular subject matter can be discussed with persons 
    outside the Department, should contact his or her FONAP counsel, or 
    headquarters counsel for the Indian Housing Development program.
    
    B. Lobbying
    
        Section 319 of the Department of the Interior and Related Agencies 
    Appropriations Act hereafter referred to as the ``Byrd amendment,'' 
    prohibits grantees from using any federally appropriated funds to 
    influence federal employees, members of Congress, and congressional 
    staff regarding specific grants or contracts. The Department has 
    determined that the requirements of the Byrd amendment do not apply to 
    IHAs established by a tribal government exercising its sovereign powers 
    with respect to expenditures specifically permitted by other Federal 
    law. The Byrd amendment requires all IHAs established under state law 
    to submit the following documents for applications for grants exceeding 
    $100,000.
        1. Certification. A certification that no federal appropriated 
    funds will be used for lobbying purposes. The certification shall be 
    submitted on the Form entitled ``Certification for Contracts, Grants, 
    Loans and Cooperative Agreements''.
        2. Disclosure Document. A document disclosing any lobbying 
    activities (on Standard Form--LLL, ``Disclosure of Lobbying 
    Activities'') where any funds other than federally appropriated funds 
    will be or have been used to influence federal employees, members of 
    Congress, and congressional staff regarding specific grants or 
    contracts.
    
    C. Conversions
    
        During the first 24 months after Program Reservation, project 
    conversion between program type (LR or MH) may only be considered 
    where:
        1. An IHA submitted projects for mutual help (MH) and low rent 
    (LR), each scored high enough to be funded, and the IHA has the waiting 
    list to support the conversion, or
        2. If only one application was submitted and approved, the 
    application upon re-ranking in the other program has to score at least 
    0.01 higher than the number of points achieved by the highest rated 
    application from any IHA which was not funded. If neither circumstance 
    exists, the request to convert will not be approved.
    
    D. Errors in Ranking and Rating Fiscal Year 1994
    
        1. Errors made by a FONAP during the 1994 fiscal year rating and 
    ranking that resulted in a change of rank order detrimental to an IHA 
    may be corrected as follows:
        a. The FONAP will construct a hypothetical distribution that would 
    have existed if the error had not been made, and
        b. The FONAP will determine what the unit award/funding would have 
    been for the IHA subject to the funds that were available at the time.
        2. Remedial action will be taken for errors made by a FONAP as 
    follows:
        a. The FONAP will deduct any funds needed from the FY 1995 fair 
    share assigned to that FONAP before any FY 1995 rating and rankings are 
    completed.
        b. A correction of an error for an IHA will not adversely affect 
    the IHA participation on the FY 1995 rating and ranking process. The 
    IHA's application will be rated and ranked on the same basis as other 
    applications and as if no error was made.
    
    E. Environment
    
        A Finding of No Significant Impact with respect to the environment 
    has been made in accordance with HUD regulations that implement section 
    102(2)(C) of the National Environmental Policy Act of 1969 (42 U. S. C. 
    4332). The Finding of No Significant Impact is available for public 
    inspection during business hours in the Office of the Rules Docket 
    Clerk, Office of General Counsel, room 10276, Department of Housing and 
    Urban Development, 451 Seventh Street, S.W. Washington, D.C. 20410.
    
    F. Other Federal Requirements
    
        In order to be eligible for funding, activities must be in 
    compliance with Section 504 of the Rehabilitation Act of 1973 and 
    implementing regulations at 24 CFR 8 and the Americans with 
    Disabilities Act of 1990 (ADA) and implementing regulations for Title 
    II of the ADA issued by the Department of Justice at 28 CFR 35.
    
        Dated: December 14, 1994.
    Michael B. Janis,
    General Deputy Assistant Secretary for Public and Indian Housing.
    
                                                                                                                    
    [[Page 4334]]                                                                                                   
        Appendix 1.--Listing of Field Offices of Native American Programs   
    ------------------------------------------------------------------------
           IHAs located                         ONAP address                
    ------------------------------------------------------------------------
    East of the Mississippi    Eastern/Woodlands Office of Native American  
     River (including all of    Programs, 5P, Metcalfe Federal Building, 77 
     Minnesota) and Iowa.       West Jackson Boulevard, Chicago, Illinois   
                                60604-3507, (312) 353-1282 or (800) 735-    
                                3239, TDD Numbers: 1-800-927-9275 or 312-886-
                                3741.                                       
    Louisiana, Missouri,       Southern Plains Office of Native American    
     Kansas, Oklahoma, and      Programs, 6.IPI, Murrah Federal Building,   
     Texas except for Isleta    200 NW 5th Street, Oklahoma City, Oklahoma  
     del Sur.                   73102-3202, (405) 231-4101, TDD Numbers: 405-
                                231-4181 or 405-231-4891.                   
    Colorado, Montana,         Northern Plains Office of Native American    
     Nebraska, North Dakota,    Programs, 8P, First Interstate Tower North, 
     South Dakota, and          633 17th Street, Denver, Colorado 80202-    
     Wyoming.                   3607, (303) 672-5462, TDD Number: 303-844-  
                                6158.                                       
    Arizona, California, New   Southwest Office of Native American Programs,
     Mexico, Nevada, and        9EPID, Two Arizona Center, 400 North Fifth  
     Isleta del Sur in Texas.   Street, Suite 1650, Phoenix, Arizona 85004- 
                                2361, (602) 379-4156, TDD Number: 602-379-  
                                4461;                                       
                                   or                                       
                               Albuquerque Division of Native American      
                                Programs, 9EPIDI Albuquerque Plaza, 201 3rd 
                                Street, NW, Suite 1830, Albuquerque, New    
                                Mexico 87102-3368, (505) 766-1372, TDD      
                                Number: None.                               
    Idaho, Oregon, and         Northwest Office of Native American Programs,
     Washington.                10PI, 909 First Avenue, Suite 300, Seattle, 
                                Washington 98104-1000, (206) 220-5270, TDD  
                                Number: (206) 220-5185.                     
    Alaska...................  Alaska Office of Native American Programs,   
                                10.1PI, 949 East 36th Avenue, Suite 401,    
                                Anchorage, Alaska 99508-4399, (907) 271-    
                                4633, TDD Number: (907) 271-4328.           
    ------------------------------------------------------------------------
    
    Apendix 2
    
        New Indian Housing Development Application Submission Checklist.
    
        Note: Certain submission requirements listed on the following 
    checklist are included on the application form HUD-52730. It is the 
    responsibility of the IHA to assure that all submission requirements of 
    the checklist are met whether through the application form or by 
    separate submittal:
        1. Application Form HUD-52730:
        ________ Complete application on Form HUD-52730 (5/94).
        ________ Attach all exhibits and tables as required.
        2. IHA Resolution(s): each application must be accompanied by an 
    IHA Resolution which contains the following:
        ________ A statement that authorizes the submission of the 
    application for units.
        ________ A statement explaining how solid waste disposal for the 
    proposed development will be addressed.
        ________ A statement regarding the planned access to public utility 
    services and a listing of any official commitment(s) for these utility 
    services for the development.
        ________ The IHA Resolution must advise HUD of any persons with a 
    pecuniary interest in the proposed development. Persons with a 
    pecuniary interest in the development shall include but not be limited 
    to any developers, contractors, and consultants involved in the 
    application, planning, construction, or implementation of the 
    development. (During the period when an application is pending or 
    assistance is being provided, the applicant shall update the disclosure 
    required within thirty days of any substantial change.)
        3. Certifications: Each application must contain the following 
    certifications provided by the Executive Director on IHA letterhead, in 
    addition to the certifications included on Form HUD-52730 (5/94).
        ________ Certification Regarding Drug-Free Workplace Requirements 
    as directed by 24 CFR 24.630(b).
        ________ Certification that the IHA has complied with all 
    requirements of 24 CFR Part 135, which implements Section 3 of the HUD 
    Act of 1968, as amended.
        4. Letters: Each IHA application must be accompanied by a letter of 
    support signed by the CEO of the general local government indicating:
        ________ Support for the proposed application and development.
        ________ Support for the IHA's intent to apply for planning funds 
    for the development.
        ________ Where applicable, assurance to HUD that access road needs 
    will be identified by Tribal Resolution (with BIA concurrence) and 
    entered on the BIA Indian Reservation Roads prioritization schedule 
    used by BIA for resource allocation(25 CFR part 170: 57 BIAM 4 and 
    Supplement 4; and 24 CFR part 905 B, appendix I, item 6).
        ________ Acknowledgement that there is a need for the housing 
    assistance applied for that is not being met by private enterprise.
        ________ Assurance that there are, or will be available, public 
    facilities and services adequate to serve the proposed housing. (If 
    available, Tribal support is evidenced by attached letters from various 
    organizations that will provide utilities and services to the proposed 
    housing units.)
        5. Supporting Documentation: Each application must be accompanied 
    by the following supporting documentation:
        ________ Disclosure of additional assistance from other sources 
    that will be used in association with the project for which the 
    applicant is seeking assistance.
        ________ Statement specifying the number of eligible applicant 
    families by program type (LR or MH). The statement must be supported by 
    a sufficient number of current applications from eligible families 
    maintained by the IHA.
        ________ Identify sites proposed for Mutual Help development in the 
    application in accordance with 905.230, 905.245, and 905.407.
        6. Items That Should be Submitted, If Not Previously Submitted:
        ________ Certified Copy of the Transcript of Proceedings containing 
    the IHA Resolution pursuant to which the Application is being made.
        ________ IHA Organization Transcript or General Certificate.
        ________ Tribal Ordinance
        ________ Cooperation Agreements. Where the provisions of the 
    necessary local government cooperation are not contained in the 
    ordinance or other enactment creating the IHA, the IHA shall submit an 
    executed cooperation agreement (or copy of an existing one) for the 
    location involved, which is sufficient to cover the number of units in 
    the application.
        7. Optional Items: [[Page 4335]] 
        ________ Preliminary Site Reports indicating pre-approved sites, 
    and BIA approved leases for the proposed project site(s), if any.
        8. Force Account. To enable the Field Office of Native American 
    Programs to make an initial determination of the viability of the 
    proposal, there are additional submission requirements for the 
    application, including:
        ________ IHA justification for HUD approval of the force account 
    method, pursuant to 24 CFR 905.215(a)(6).
        ________ IHA or Tribal resolution agreeing to cover any costs in 
    excess of the HUD-approved estimated construction cost.
        ________ Evidence that either the IHA or Tribe has the resources to 
    cover such excess costs.
        ________ An action plan as outlined in HUD Handbook 7450.01 REV-1, 
    Chapter 14, paragraph 14-5.
    
    [FR Doc. 95-1416 Filed 1-19-95; 8:45 am]
    BILLING CODE 4210-33-P
    
    

Document Information

Published:
01/20/1995
Department:
Housing and Urban Development Department
Entry Type:
Notice
Action:
Notice of funding availability (NOFA) for fiscal year 1995.
Document Number:
95-1416
Dates:
Applications must be physically received by the Field Office of Native American Programs (FONAP) having jurisdiction over the applicant on or before 3:00 p.m., FONAP local time, March 6, 1995. The applicant shall submit its application(s) for new housing units on Form HUD-52730 with all supporting documentation required by Appendix 2, and for demolition or disposition in accordance with 24 CFR part 905, subpart M.
Pages:
4330-4335 (6 pages)
Docket Numbers:
Docket No. N-95-3843, FR-3769-N-01
PDF File:
95-1416.pdf