[Federal Register Volume 63, Number 40 (Monday, March 2, 1998)]
[Rules and Regulations]
[Pages 10124-10139]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-5300]
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DEPARTMENT OF THE INTERIOR
Bureau of Indian Affairs
25 CFR Part 256
RIN 1076-AD52
Housing Improvement Program
AGENCY: Bureau of Indian Affairs, Interior.
ACTION: Final rule.
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SUMMARY: This rule revises the procedures governing the Housing
Improvement Program (HIP). The Bureau of Indian Affairs has revised the
procedures to clarify and simplify the conditions and terms for
providing housing assistance and to allow additional flexibility in
administering the program. The new procedures will encourage innovation
in providing housing assistance to eligible individuals.
EFFECTIVE DATE: April 1, 1998.
FOR FURTHER INFORMATION CONTACT: June Henkel, Division of Housing
Assistance, Bureau of Indian Affairs, Department of the Interior,
telephone (202) 208-2721.
SUPPLEMENTARY INFORMATION: This final rule is published under authority
delegated the Secretary of the Interior to the Assistant Secretary-
Indian Affairs in the Departmental Manual at 209 DM 8. This final rule,
revising regulations which govern the HIP grant process as codified at
25 CFR part 256, was preceded by the publication of the NPRM in the
Federal Register on July 15, 1996 (Vol. 61, No. 136, page 36829), with
a 60-day comment period, and the Notice of Proposed Transfer of Funds
to Tribal Priority Allocations in the Federal Register on September 4,
1996 (Vol. 61, No. 172, page 46660), with a 45-day public comment
period.
I. Background
Current regulations provide for an emphasis on the repair and
renovation of existing housing and for the award of Housing Improvement
Program appropriations to Indian tribes based on a distribution formula
which uses the current tribal housing inventory of need as its basis.
These regulations seek to clarify and simplify the terms and conditions
under which the program is operated. A funding distribution methodology
was omitted from the proposed regulations based on the intention of
identifying a Housing Improvement Program appropriations distribution
formula for use in the Tribal Priority Allocation system. Comments
received from tribes in that consultation process did not support
either of the proposed alternatives.
[[Page 10125]]
Limited available appropriations for the program require the continued
use of a needs based distribution methodology, viable annual work plans
and compliance with the intent of the program. A total of 37 written
comments were received from tribes, tribal entities, individuals and
Federal agencies. The comments were consolidated and the Department's
responses are summarized below. Public comments and subsequent
responses are arranged by section of the proposed rule as printed in
the Federal Register on July 15, 1996.
II. Review of Public Comments
1. General comment: The proposed regulations appear to be unduly
rigid.
Response: The BIA agrees that the regulations as proposed do not
provide a flexible framework for operation of the HIP and that there is
too much emphasis on procedures and process-oriented tasks, at the
expense of program performance and achievement of program goals. The
final regulations are restated in a manner to provide program
operational flexibility within defined parameters and to encourage
innovative program implementation and methodologies while meeting the
policies, objectives and goals of the program.
Section 256.2 Definitions
2. Comment: The definition of ``cost effective'' should be included
in Sec. 256.2.
Response: The rule has been revised to include the definition of
Cost effective means the cost of the project is within the cost limits
for the category of assistance and adds sufficient years of service to
the dwelling to satisfy the recipient's housing needs well into the
future.
3. Comment: The definition of ``decent home and suitable living
environment'' should be included in Sec. 256.2.
Response: Section 256.2 has not been revised because each servicing
housing office will interpret the definition of decent home and
suitable living environment on a case by case basis depending on the
needs of a specific family.
4. Comment: The definition of ``independent trades person'' should
be included in Sec. 256.2.
Response: The rule has been revised to include the definition of
Independent trades person means any person possessing the ability to
perform work in a particular vocation.
5. Comment: The definition of ``Indian'' should be included in
Sec. 256.2.
Response: The definition of Indian was unintentionally omitted from
the definition section of the proposed rule. The rule has been revised
to include the definition of Indian means any person who is a member of
any of those tribes listed in the Federal Register pursuant to 25 CFR
part 83, as recognized by and receiving services from the Bureau of
Indian Affairs.
6. Comment: In Sec. 256.2, add definition for manufactured housing,
using the existing definition and descriptions using Housing and Urban
Development manuals and regulations to add a clear and approved
definition and to aide in defining what is allowable for expenditures
for manufactured housing. A related comment suggested the addition of
definitions for mobile, manufactured and modular housing.
Response: The rule has not been revised to include the requested
definitions for mobile, manufactured and modular housing because
housing units under the rule must meet or exceed the definition for
``standard housing'' provided in Sec. 256.2. That definition provides
for the general construction of a housing unit, whether manufactured,
modular or stick-built, to conform to applicable tribal, county, state
or national codes. In the case of manufactured housing, the Housing and
Urban Development, regulations, 24 CFR part 3280 applies.
7. Comment: In Sec. 256.2, add the definition for ``ownership'' as
provided in the current rule, which would also clarify Sec. 256.9 of
the rule.
Response: Sec. 256.2 of the rule has not been revised to include a
definition for ``ownership'' because the revision clarifying Sec. 256.9
is considered adequate for the rule.
8. Comment: In Sec. 256.2, add the definition for ``permanent
members of household'' means adults living in the household that intend
to live there continuously from now on and any children defined as a
child in this part.
Response: The rule has been revised to include the definition as
requested.
9. Comment: The definition of ``standard housing'' should be
included in Sec. 256.2.
Response: The rule has been revised to include the definition of
standard housing means a dwelling in a condition which is decent, safe
and sanitary so that it meets the following minimum standards:
(a) General construction conforms to applicable tribal, county,
state or national codes and to appropriate building standards for the
region;
(b) The heating system has the capacity to maintain a minimum
temperature of 68 degrees in the dwelling during the coldest weather in
the area. It must be safe to operate and maintain and deliver a uniform
distribution of heat;
(c) The plumbing system includes a properly installed system of
piping and fixtures;
(d) The electrical system includes wiring and equipment properly
installed to safely supply electrical energy for lighting and for the
operation of appliances;
(e) Occupants per dwelling do not exceed these limits:
(1) Two-bedroom dwelling: Up to three persons;
(2) Three-bedroom dwelling: Up to six persons;
(3) Four-bedroom dwelling: Adequate for all but the very largest
families;
(f) Bedroom size: The first bedroom must have at least 120 square
feet of floor space, additional bedrooms must have a minimum of 100
square feet of floor space each;
(g) Two exceptions to standard housing will be permitted:
(1) Where one or more of the utilities are not available and there
is no prospect of the utilities becoming available; and
(2) In areas of severe climate, house size may be reduced to meet
applicable building standards of that region.
(vii) The house site must be chosen so that access to utilities is
most economical, the ingress and egress are adequate and aesthetics and
proximity to school bus routes are considered.
10. Comment: In Sec. 256.2, add the definition for ``substandard
housing means condition(s) exist that threaten the health and/or safety
of the occupants.''
Response: Sec. 256.2 of the rule has been revised to include:
``Substandard housing means condition(s) exist that do not meet the
definition of standard housing in this part of the rule.
11. Comment: The definition of ``applicant'' in Sec. 256.2 should
include minor children living with a non-Indian parent. Indian children
are being punished by not being allowed to receive Housing Improvement
Program assistance.
Response: The definition of applicant has not been revised because
once program services are provided under the rule, the recipient is not
eligible to receive such services a second time, precluding receipt of
housing assistance upon reaching the age of majority. The definition is
adequate to identify applicants for the purposes of this rule.
12. Comment: The definition of handicapped in Sec. 256.2 should be
revised to reflect the definition of ``disabled''.
Response: The definition of handicapped has been revised as
requested.
[[Page 10126]]
13. Comment: The definition of ``household'' in Sec. 256.2 should
include the word ``all'' between means and persons, to identify ``all''
persons living with the head of the household and who function as
members of a family.
Response: The definition of household has not been revised because
the definition is adequate to identify the household members for
purposes of this rule.
14. Comment: The definition of ``service area'' in Sec. 256.2
should be revised to reflect that the service area is determined by the
tribe through tribal resolution and not by the Area Director.
Response: The definition of service area has not been revised
because the definition is adequate to identify that ``service area'' is
determined by the tribe.
Section 256.3 Policy
15. Comment: We believe the national housing policy has been
changed to delete the referenced objective. If so, we recommend
revising Sec. 256.3(a) of the rule to read: ``The Bureau of Indian
Affairs housing policy is that every American family should have the
opportunity for a decent home and suitable living environment. To the
extent possible, the program will serve the neediest of the needy
Indian families.''
Response: Section 256.3(a) of the rule has been revised to delete
the referenced objective.
16. Comment: Section 256.3(a) of the rule should be revised to
replace the words ``neediest of the needy'' with ``eligible HIP
applicants'' or ``The program will serve the neediest of the needy
Indian families having no other resources for standard housing.''
Response: Section 256.3(a) of the rule has been revised to read:
The program will serve the neediest of the needy Indian families who
have no other resource for standard housing.
17. Comment: Section 256.3(a) of the rule states that to the extent
possible, the program will serve the neediest of the needy, however the
rule excludes the neediest of the needy who live in substandard mobile
homes and/or who do not own their own land. There should be some way to
service these people.
Response: Section 256.23 of the rule, as rewritten, clarifies that
families living in mobile homes are not excluded from the program.
Section 256.23 of the rule, as written, provides for needy families who
do not own their own land, but who can obtain a leasehold of the land
to participate in the program.
18. Comment: Section 256.3(a), (c) and (d) of the rule should be
revised to accommodate Pub. L. 93-638 changes. In (d), the formula
language should be removed. This could be handled administratively
through policy or possibly through statute.
Response: Section 256.3(a) and (c) of the rule have not been
revised because Pub. L. 93-683, which provides for tribal operation of
the Housing Improvement Program, is codified in section 900 of the
rule. Section 256.3(d) of the rule has not been revised because the
formula language is removed from the rule.
19. Comment: Section 256.3(b) of the rule should be revised to omit
the vague and confusing phrase ``provided services can be delivered to
the geographic area within which the participant resides.''
Response: Section 256.3(b) of the rule has been revised as
requested.
20. Comment: Section 256.3(b) of the rule should be revised to note
that participation is dependent on need and eligibility regardless of
tribal membership.
Response: Section 256.3(b) of the rule has not been revised as
requested because the rule establishes that participation in the
program is dependent on membership in a Federally recognized Indian
tribe and meeting basic program eligibility criteria. Receipt of
services under the program is based on priority of need, regardless of
tribal affiliation and the rule has been revised to reflect this.
21. Comment: Section 256.3(b) of the rule stipulates that every
Indian, regardless of tribal affiliation, living on the Pueblo of
Laguna Reservation is eligible for Housing Improvement Program
services. Section 256.7(b)(1) and (c)(1) and (2) impose the requirement
that a participant must own or have leasehold of the home and/or land
on which a home is to be constructed. This is in direct conflict with
the Pueblo of Laguna Constitution, Article IX, Section 7, Prohibitions
on Assignments, which states that ``no assignment shall ever be granted
to any person not a member of the Pueblo of Laguna.''
Response: Section 256.3(b) of the rule has not been revised because
the intent of the rule is to ensure that all otherwise eligible home/
land owners/leaseholders living within the same service area have the
same opportunity for participation in and receipt of program services.
Section 256.4 Information Collection
22. Comment: The public reporting burden estimate of thirty minutes
is too low.
Response: The public reporting burden estimate of thirty minutes
has not been revised because the estimate, used for the last six years,
received no comments in response to the request for comments concerning
the Housing Improvement Program Information Collection, published in
the Federal Register on February 6, 1997 and is adequate for the
reporting requirement.
Section 256.5 What Is the Housing Improvement Program?
23. Comment: The phase ``basic building standards'' in Sec. 256.5
of the rule should be replaced with ``standard housing.''
Response: For purposes of consistency with the added definitions of
``standard housing'' and ``substandard housing'' in Sec. 256.2, the
rule has been revised to read: ``The Housing Improvement Program
provides a grant to fund services to repair, renovate, replace or
provide housing for the neediest of the needy Indian families having
substandard housing or who are without housing and have no other
recourse for assistance.''
24. Comment: The answer to What is the Housing Improvement Program
in Sec. 256.5 of the rule might be better answered by explaining that
it is a construction program, under authority of the Snyder Act and
defined by these regulations for the purpose of providing housing
assistance to the most needy of the eligible American Indians and
Alaska Native People.
Response: Section 256.5 of the rule has not been revised because
the program is not a construction program and is considered adequate
for the rule.
Section 256.6 Am I Eligible for the Housing Improvement Program?
25. Comment: Section 256.6 should include all criteria that would
make an applicant ineligible for the program. These include the factors
of home ownership and land assignments; the present housing is
substandard and was not subsidized with government funds; there is no
other resource for housing assistance; and, non-receipt of program
assistance including down payment assistance and excluding category A,
since October 1, 1986.
Response: Section 256.6 of the rule has been revised to include
these paragraphs in Sec. 256.6:
(d) Your present housing is substandard as defined in Sec. 256.2;
(e) You meet the ownership requirements for the assistance needed,
as defined in Sec. 256.7;
(f) You have no other resource for housing assistance;
(g) You have not received assistance after October 1, 1986, for
repairs and renovation, replacement or housing, or
[[Page 10127]]
down payment assistance available before the effective date of this
rule; and
(h) You did not acquire your present housing through participation
in a Federal government sponsored housing program that includes
provision for such assistance.
26. Comment: Section 256.6(c) should be modified to provide for the
use of tribal, county or state income guidelines.
Response: Section 256.6(c) of the rule has not been revised because
the intent of the rule is to establish uniform operating procedures for
the national program. Provision for various income guidelines would
result in disparate treatment. The use of the Health and Human Services
poverty income guidelines is adequate for the purposes of the rule.
27. Comment: Several commentators recommend that the annual income
level of 125 percent of the Health and Human Services Poverty Income
Guidelines specified in Sec. 256.6(c) should be increased to reflect a
higher annual income level, making it comparable to the Indian
Community Development Block Grant (ICDBG) guidelines.
Response: Sec. 256.6(c) of the rule has not been revised because
the intent of the rule is to identify the neediest of the needy and
focus the delivery of program services to applicants who cannot qualify
for other housing resources.
Section 256.7 What Are the Housing Improvement Program Categories for
Which I Am Eligible?
28. Comment: Several comments were received concerning the deletion
of the down payment assistance category in Sec. 256.7 of the rule, such
as the following: Due to the fact that our Tribe does not have a
residential reservation, tribal members have no alternative but to
purchase fee land in order to provide a home for their families. In the
past, the down payment assistance category provided tribal members an
opportunity to purchase a safe and sanitary home for their families,
whom otherwise would not have had the necessary down payment requested
by most mortgage lenders. A number of Tribes have begun to look for
down payment assistance in order to make home ownership affordable for
low-income tribal members.
Response: We have not restored the down payment assistance category
to Sec. 256.7 because its deletion refocuses the intent of the rule,
which is to assist homeowners and those without homes, who do not have
the resources nor the potential to obtain the resources, to have a
standard home. Families who have sufficient financial resources and are
able to make mortgage payments fall outside the parameters of the
intended program recipients.
29. Comment: Although the increase of moneys allowed to be spent on
each home allows for more work it will decrease the number of homes we
will be able to service. As the funding dollars get smaller and our
portion of the pie is smaller, we will be limited to a realistic figure
of helping 2 or 3 families per year.
Response: Section 256.7 of the rule provides for needed flexibility
within the program to provide for the variation in regional costs and
for reaction to increased costs for construction materials and labor
and has not been revised. While it is true that the number of families
assisted by the program is dependent on the amount of funding
available, the cost of the services provided under the program is
dependent on the cost of construction materials and labor to provide a
standard dwelling. In the past, project cost estimates exceeding
program cost limits required that Tribes seek waiver of the program
rule in order to provide the required services. Although it is
important to provide program services to as many eligible families as
possible, it is equally important to ensure that the limited number of
families receiving one-time services under the program are provided
thorough and quality services, regardless of cost, resulting in long-
term benefit to the family. Elimination of the cost limit does not mean
that more moneys can be spent on a category C project for the purpose
of providing the recipient family with a dwelling which exceeds one for
which they qualify or which exceeds the definition of a modest,
standard dwelling. The amount of funding appropriated by Congress for
the program can increase or decrease in the future depending on
tribally-defined priorities.
30. Comment: Section 256.7 of the rule poses a misleading question
for the offered response and should be restated to reflect what housing
services are available under the Housing Improvement Program.
Response: Section 256.7 of the rule has been revised to read: What
housing services are available under the Housing Improvement Program?
We have revised Sec. 256.7 to make it an overview of the assistance
categories. Details of how to qualify for each category of assistance
are now contained in Secs. 256.8 through 256.11. This arrangement
allows for a clearer explanation of the qualification criteria.
31. Comment: The cost limitations in Sec. 256.7 of the rule need to
be increased. Over the past few years, building materials have been hit
by inflation harder than any other category. This is especially true
for lumber. Combined with the fact that most reservations are located
in rural areas, it is obvious that cost limitations must be watched
closely.
Response: Section 256.8 (formerly Sec. 256.7) has not been revised
because the rule as written accommodates increased costs for materials
and labor for two of the three project categories and is considered
adequate for the rule. The BIA agrees that such costs must be watched
closely and revisions made, as necessary.
32. Comment: The word ``are'' in Sec. 256.7(a) of the rule should
be revised to ``may'' resulting in eliminating the assumption of
eligibility for this assistance.
Response: Section 256.8 (formerly Sec. 256.7(a)) has been revised
to clarify the rule and further explain the circumstances for receipt
of this assistance.
33. Comment: Section 256.7(a) of the rule should be changed to
better define the circumstances when the category of assistance should
be used. Specifically, the commentator suggests that the rule be
changed to include the conditions: That it is not cost effective to
renovate the dwelling; that there is another resource which would meet
the housing need but it is not immediately available; or, there are no
other available resources other than the Housing Improvement Program,
but there are no available funds to replace your house.
Response: Section 256.8 (formerly Sec. 256.7(a)) of the rule has
been revised to provide clarification and more explicit guidance for
the purpose and use of this category of assistance.
34. Comment: Several commentators recommend that the funding limit
of $2,500 in Sec. 256.7(a) of the rule be increased to $5,000 to allow
for meeting current cost increases and geographic location should not
be cause to disqualify a person from having a decent home.
Response: Section 256.8 (formerly Sec. 256.7(a)) retains the $2,500
limit because it is the intent of the rule to provide short-term relief
from conditions that are a hazard to the safety and health of the
recipient, who anticipates obtaining standard housing in the near
future. In cases requiring repairs that exceed the $2,500 limit,
obtaining other resources or requesting a waiver of this rule may
remedy the situation.
35. Comment: Several commentators recommend the cost limit of
$35,000 for housing repairs and improvements in
[[Page 10128]]
Sec. 256.7(b) of the rule should be increased to $45,000.
Response: We have retained the $35,000 limit because it provides an
increase of $15,000, or 75 percent of the former category cost
limitation, and is considered adequate for the rule. The BIA will
monitor category b project costs to ensure the cost limitation remains
adequate for the rule.
36. Comment: Section 256.7(b)(1) of the rule requires that the
applicant be ``the owner of the dwelling'' and needs to include
provision for the applicant with a leasehold, of not less than 10
years.
Response: Section 256.9(b) (which replaces Sec. 256.7(b)(1)) has
been revised to read:
(b) You must either:
(1) Own the house; or
(2) Lease the house with:
(1) An undivided leasehold (i.e., you are the only lessee); and
(ii) The leasehold will last at least 25 years from the date that
you receive the assistance;'
37. Comment: Section 256.7(b)(2) of the rule should emphasize
inclusion of ``applicable building and energy code standards'' and
``applicable building code standards'' should be defined.
Response: We have not revised this provision (now located at
Sec. 256.9(c)) because the phrase ``building code standards''
encompasses energy code standards, which typically are climate
dependent and, as written, provides sufficient emphasis on building
code standards and is adequate for the rule. ``Applicable building code
standards'' can be tribal, local, state and/or national code standards
and it is the responsibility of the servicing housing office to have
knowledge of and determine which standards are applicable.
38. Comment: Section 256.7(b)(3) of the rule provides that if the
dwelling is sold within 5 years of the date of completion of the
repairs, the grant will be voided and repayment of the full cost of
repairs will be made to the Bureau of Indian Affairs. The rule does not
address payment to the tribal housing office when services have been
provided by the tribe under a Pub. L. 93-638 contract or self-
governance compact and the grant is voided. This needs to be consistent
throughout the rule.
Response: We have not revised this provision (now located at
Sec. 256.9(d)(2)) because the tribe has already received and expended
the funding that is being recaptured by the federal government. The
funding will be redistributed for use in the Housing Improvement
Program, using applicable federal guidelines, to one or more eligible
Tribes within the recapturing area.
39. Comment: Section 256.7(b)(3) of the rule should be revised to
include a specified time frame for occupying the dwelling once
construction is completed.
Response: We have not revised this provision (now located at
Sec. 256.9(d)(2)) because the issue of where an individual Indian lives
is outside the scope of the rule. Indeed, such a rule would be
contradictory to the intent of the Federal government to emphasize and
support tribal sovereignty.
40. Comment: Is the payback revision in Sec. 256.7(b)(3) of the
rule ``if sold within 5 years of repairs'' very realistic or fair?
Would a timeframe of 2-3 years be more appropriate or would a payback
based on some objective measure of increased value which actually
resulted in cash return to the client be more appropriate?
Response: We have not revised this provision (now in
Sec. 256.9(d)(2)) because the intent of the rule is to provide
protection for the homeowner and the Federal government and to prevent
avenues for windfall profits or unwarranted improvements to substandard
housing and is considered adequate for the rule.
41. Comment: In Sec. 256.7(b)(3) of the rule, change the amount of
time for the grant agreement to 10 years with the full amount due for
the first five years and the last five years prorated.
Response: We have not revised the timeframe (now in
Sec. 256.9(d)(2)) because the current agreement is considered adequate
for the rule.
42. Comment: The use of the word ``modest'' in Sec. 256.7(c)
provides the opportunity for potential misuse of funds and requires
further clarification.
Response: Further clarification of the term ``modest'' (now used in
the table in Sec. 256.7) can be found in the definition for standard
housing in Sec. 256.2.
43. Comment: To maintain continuity and avoid confusion,
Sec. 256.7(c) of the rule should be revised to read: ``Category C--down
payment assistance is eliminated.'' Then, Category D should be added as
Sec. 256.7(d).
Response: To avoid confusion, the following descriptors have been
added: interim improvements, repairs and renovation, and replacement
housing, to Secs. 256.7-256.11.
44. Comment: In Sec. 256.7(c) of the rule, what is the dollar limit
for a modest replacement home?
Response: Section 256.7(c) of the rule does not specify a dollar
limitation for a modest replacement home. Use of a specific cost limit
for use throughout Indian Country has proven unrealistic because the
costs for construction of similar dwellings in different parts of the
country vary significantly due to varying costs of building materials
and labor. The rule provides the required flexibility needed by each
servicing housing office to determine and contain the cost of a modest
home, based on its square footage and local or regional building
materials and labor costs.
45. Comment: Several commentaries concerned elimination of the
Occupancy and Square Footage Chart (Table A) in Sec. 256.7(c) of the
rule to provide more flexibility in program administration and because
the square footage requirements are too restrictive.
Response: We have retained the table, now located in Sec. 256.11,
because the rule as written provides adequate program administration
flexibility through unrestricted cost limitations, while providing for
a modest dwelling as defined by the parameters of the occupancy and
square footage chart.
46. Comment: Would like to see a cost limit and consideration for
family composition in Sec. 256.7(c) of the rule, since the square
footage chart is not adequate for a family of four, consisting of a
husband, wife, one female child and one male child.
Response: Table A, now located in Sec. 256.11, has been revised to
accommodate this family composition.
47. Comment: The phrase ``in which you are living'' should be
deleted from Sec. 256.7(c)(1) of the rule since some dwellings are in
such condition as to be unsuitable for occupancy or the rule should be
modified to address the issue.
Response: This provision, now located in Sec. 256.10(a), has not
been revised because it is the intent of the rule to ensure delivery of
program services to applicants with no other recourse for housing
assistance.
48. Comment: Suggest that Sec. 256.7(c)(1) of the rule be revised
to provide that the term of the leasehold interest is not less than 25
years at the time of receipt of assistance.
Response: We have revised this provision, now located in the table
in Sec. 256.10, to read as follows:
[[Page 10129]]
------------------------------------------------------------------------
If you And And
------------------------------------------------------------------------
Lease the house in which you Your leasehold is The house cannot be
live. undivided and for brought up to
not less than 25 applicable building
years at the time code standards
that you receive within the Category
assistance. B cost limit.
------------------------------------------------------------------------
We have also made a corresponding revision to the same table for
another provision formerly in Sec. 256.7(c). It now reads as follows:
------------------------------------------------------------------------
If you * * * And * * * And * * *
------------------------------------------------------------------------
Do not own a house.......... Have a leasehold on The land has
land that is adequate ingress
suitable for and egress rights.
housing and the
leasehold is
undivided and for
not less than 25
years at the time
that you receive
assistance.
------------------------------------------------------------------------
49. Comment: Recommend that Sec. 256.7(c)(3) of the rule is revised
to include procedures for repayment, as when a participant sells a home
within the timeframe requiring repayment, to clarify roles and
responsibilities.
Response: This provision, now located in Sec. 256.10(b) has not
been revised because the procedure is outside the scope of this rule.
The servicing housing office has a responsibility to be familiar with
applicable tribal or federal government procedures for recapturing
funds.
50. Comment: In Sec. 256.7(c)(3) of the rule, when a beneficiary
inherits the home within the 10 years, and does not live in the home,
but rents the home, is the renting of the home subject to repayment or
considered the same as selling the home?
Response: This provision, now located in Sec. 256.10(b), does not
require repayment when a beneficiary inherits the home nor does
inheritance of the home constitute the sale of the home. Repayment only
becomes an issue when the home is sold.
Section 256.8 Who Administers the Housing Improvement Program?
51. Comment: In Sec. 256.8 of the rule, the designation of the
``servicing housing office'' as the entity administering the program in
the service area is not acceptable as it does not provide for tribal
operation of the program under a Pub. L. 93-638 contract or a self-
governance annual funding agreement.
Response: Section 256.12 (which replaces Sec. 256.8) has been
revised to clarify that the ``servicing housing office,'' a generic
description of the servicing entity, provides for a Tribe or the Bureau
to operate the Housing Improvement Program.
Section 256.9 How do I Apply for the Housing Improvement Program?
52. Comment: Section 256.9(e) of the rule should be revised to
reflect that proof of income must be provided from all ``permanent''
members of the household as defined in Sec. 256.2.
Response: Section 256.13(e) (formerly Sec. 256.9(e)) of the rule
has been revised as requested.
53. Comment: Section 256.9(e)(1) of the rule requires submission of
signed copies of current 1040 tax returns from all members of the
household, but the IRS does not require filing if you make less than
$2,500.
Response: Section 256.13(e)(3) (formerly Sec. 256.9(e)(3)) provides
for the submission of a signed, notarized statement explaining why a
tax return was not filed and is sufficient for the rule.
54. Comment: Section 256.9(e)(2) of the rule also should include
provision for income received from Bureau of Indian Affairs, General
Assistance programs, operated by Tribes through Pub. L. 93-638 contract
and Self-governance annual funding agreements.
Response: Section 256.13(e)(2) (formerly Sec. 256.9(e)(2) has been
revised as requested.
55. Comment: Section 256.9(e)(3) of the rule should provide for
submission of a statement for household members over the age of 18.
Coordinators should have the option to request additional information
for dependent children, depending on the household situation, without
having the applicant get verification from all family members, ages 0
through 18 years.
Response: Section 256.13(e)(3) (formerly Sec. 256.9(e)(3)) has not
been revised because the intent is to identify the income of the
household, including dependent children. A statement signed by the head
of household regarding income of dependent children is considered
adequate for the rule.
56. Comment: In Sec. 256.9(f) of the rule, how long a period of
time should the statement cover?
Response: Section 256.13(f) (formerly Sec. 256.9(f)) has been
revised to specify an annual trust income statement or a statement that
there is no account.
57. Comment: In Sec. 256.9(g) and Sec. 256.9(g)(1) of the rule, the
terms ``sole possessory interest'' and ``exclusive possessory
agreement'' are confusing. The attachment to the application has a
section titled ``Item E--Land Information,'' which explains various
land status descriptions. These definitions seem a more concise,
detailed explanation for land status terms and should be reflected in
the rule.
Response: Section 256.13(g) (which replaces Sec. 256.9(g)) has been
revised to read: ``Seventh, you must provide proof of ownership of the
residence and/or land:
(1) For fee patent property, you must provide a copy of a fully
executed Warranty Deed, which is available at your county court house;
or
(2) For trust property, you must provide a copy of certification
from your home agency;
(3) For tribally-owned land, you must provide a copy of a properly
executed tribal assignment that has been certified by the agency; or
(4) For multi-owner property, you must provide a copy of a properly
executed lease.''
58. Comment: Section 256.9(g)(4) of the rule provides that ``For
multi-owner property, you must provide a copy of a properly executed
lease for not less than twenty-five (25) years.'' This results in
inconsistency with the payback timeframes for each category.
Response: Section 256.13(g)(4) (which replaces Sec. 256.9(g)(4))
has not been revised because the payback and lease timeframes are not
related. The length of the lease provides assurance that the family
receiving the Federal assistance, upon taking possession of the
dwelling, will have not less than 25 years of use of the dwelling.
59. Comment: Section 256.9(h) of the rule requiring the applicant
to obtain a copy of the flood plain map is inappropriate. The delivery
of program services to dwellings located in an area having special
flood hazards is dependent on the applicant obtaining flood insurance.
Therefore, the servicing housing office should have appropriate
[[Page 10130]]
access to the flood insurance rate map(s) (FIRMs) associated with its
servicing area and be responsible for determining whether the dwelling
is located in such an area and for notifying the applicant, when
appropriate, that flood insurance must be obtained.
Response: The Bureau agrees and has removed Sec. 256.9(h),
Sec. 256.9(h)(1), Sec. 256.9(h)(2) of the rule and revised Sec. 256.14,
accordingly.
Section 256.10 What are the steps that must be taken to process my
application for the Housing Improvement Program?
60. Comment: Section 256.10 of the rule should specify that the
tribe should be fully involved in the application, prioritization and
decision making process. This section should also include the addition
of the Housing Improvement Program Committee and an explanation of
their responsibilities in rating and ranking applications.
Response: Section 256.14 (which replaces Sec. 256.10) has not been
revised as the commentor suggested because it is the responsibility of
the servicing housing office to develop the list of applications
considered and/or received for that program year and, based on
evaluation of the neediness of the applicant, to develop the priority
list of families that will receive Housing Improvement Program services
for the program year. However, we note that under Sec. 256.12(a)
(formerly Sec. 256.8(a)) a Tribe pursuant to a Self-governance annual
funding agreement or Self-determination contract can operate the
Housing Improvement Program.
61. Comment: Section 256.10 of the rule should be revised to
include a requirement that the servicing housing office verify the
availability/feasibility of water and wastewater facilities for each
site prior to issuing the ``Priority List''. Coordination between the
Indian Health Service and the Bureau of Indian Affairs is extremely
important to ensure that homes will not be built at locations that
cannot be provided essential health-related facilities.
Response: Section 256.14 (which replaces Sec. 256.10) has not been
revised as suggested because the definition for standard housing, in
Sec. 256.2 of the rule has provision for two exceptions to standard
housing, including the absence of one or more utilities where there is
no prospect of the utilities becoming available. However, Sec. 256.16
(formerly Sec. 256.12) has been revised to include provision for
communication and coordination between the servicing housing office and
the organization responsible for verifying the availability/feasibility
for water and wastewater facilities.
62. Comment: Section 256.10(a) of the rule should be revised to
allow the servicing housing office to determine whether to return an
incomplete application and to establish a deadline date by which the
application must be completed.
Response: We have revised Sec. 256.14(a) (which replaces
Sec. 256.10(a)) as requested.
63. Comment: Section 256.10(b)(1) of the rule should be revised to
correspond with the official records schedule, which does not address
the retention of ineligible applicant files. It is suggested that all
ineligible applications and supporting documentation be returned to the
applicants upon determination of ineligibility and that those
applications not be used to develop workload and housing needs
assessments.
Response: Section 256.14(b)(1) (which replaces Sec. 256.10(b)(1))
has been revised to eliminate the use of these applications to develop
workload and housing needs assessments. Applications will be handled in
accordance with the official records schedule.
64. Comment: Section 256.10(b)(2) of the rule, Table B, Priority
Ranking Factors, should be revised to provide additional points for
``aged persons'' to ensure that single, fixed-income elderly applicants
are awarded sufficient points for priority placement on the priority
list.
Response: Section 256.14(b)(2) (which replaces Sec. 256.10(b)(2))
has not been revised because the ranking factors as provided in the
rule is adequate to provide priority ranking for low-income and aged
applicants.
65. Comment: Section 256.10(b)(2) of the rule, Table B, Priority
Ranking Factors, Ranking Factor 3, should be revised to require only
one document to establish a condition of disability to reduce the
burden to the applicant.
Response: Table B, which is now located in Sec. 256.14(b)(2), has
not been revised because the Bureau of Indian Affairs does not issue
its own statement of disability condition for purposes of this grant
program. The requirement to provide two independent statements of
condition of disability for determination of point award for this
ranking factor is considered adequate for the rule.
66. Comment: Section 256.10(d) of the rule should be revised to
specify that the servicing housing office will develop a list of all
applicants for the program year and provide a status of the
application. In addition, the rule should be revised to specify that
``In the case of a tie, the family with the lower income will be
`listed' first, since it is not known whether funding is available to
provide Housing Improvement Program services.''
Response: We have revised Sec. 256.14(c) (which replaces
Sec. 256.10(d)) as requested and in response to the general comment to
make the rule more flexible and less procedural.
67. Comment: Section 256.10(e) of the rule should be revised to
provide for the ``Inventory of Housing Improvement Program Applicants
(IOHA).'' The suggested LEHIPA is only a list of eligible applicants.
The preferred inventory is a complete listing of all applications taken
for that program year and their status, providing a good program audit
trail. Additionally, the rule should provide for comparison of the IOHA
to the amount of funds available for project construction, since some
Tribes must use a portion of the program funding to help cover
administrative costs. Those applicants that will be served are
considered the current Priority List.
Response: Section 256.14(c)(4) (formerly Sec. 256.10(e)) has been
revised to provide for the suggested listing, elimination of the
LEHIPA, and comparison to available funding and in response to the
general comment to make the rule more flexible and less procedural.
68. Comment: Section 256.10(e) of the rule should be revised to
specify that the servicing housing office will research and develop
only those projects on the priority list that stand a good chance of
being funded.
Response: Section 256.14(c)(4) (formerly Sec. 256.10(e)) has been
revised to identify that cost estimates will be provided for eligible
applicants and in response to the general comment to make the rule more
flexible and less procedural.
69. Comment: Section 256.10(g) of the rule should be revised to
require that applications for the program are updated annually. While
it may be convenient to request that an applicant merely submit a
letter confirming that their application is still accurate, interested
applicants should be required to reapply each funding year in order to
receive assistance. An annual system of updating applications seems to
provide accurate, updated information from all sources and ensures that
eligibility is sustained. This will ensure that the program remains up-
to-date, accurate and fair to all. However, the rule should be
sufficiently flexible to afford Tribes the option to determine if and
when applications are carried over, for not more than one year, once
they have been through the prioritization process to accommodate
extenuating circumstances.
[[Page 10131]]
Response: Section 256.14(d)(2) (which replaces Sec. 256.10(g)) has
been revised to accommodate annual updating of applications with a one
year carryover option, and in response to the general comment to make
the rule more flexible and less procedural. Accordingly, Sec. 256.10(h)
of the rule is now found in Sec. 256.14(e) of the rule.
70. Comment: Section 256.10(g)(3) of the rule is vague and should
be revised to specify when an application ``must'' be updated.
Response: Section 256.10(d)(2) (which replaces Sec. 256.10(g)(3))
has been revised as requested and in response to the general comment to
make the rule more flexible and less procedural. Accordingly,
Sec. 256.10(h) of the rule is now found in Sec. 256.14(e) of the rule.
71. Comment: Section 256.10(h) of the rule should be revised to
provide information on where servicing housing offices are to submit
their annual reports and to whom the reports should be submitted in the
case of for Pub. L. 93-638 contracting and self-governance annual
funding agreement Tribes.
Response: Section 256.14(e) (which replaces Sec. 256.10(h)) of the
rule has been revised to identify that annual reports are submitted to
the servicing area office and in response to the general comment to
make the rule more flexible and less procedural. The general
designation of servicing area office is used to accommodate area
specific procedures for receiving annual reports from Tribes.
Section 256.11 How Long Will I Have to Wait for the Improvement,
Repair, or Replacement of my Dwelling to be Done?
72. Comment: Section 256.11 of the rule should be revised to
include: (1) Availability of a contractor; (2) position on the priority
list as two additional factors that affect the length of time that it
takes to accomplish the work project.
Response: Section 256.15 (which replaces Sec. 256.11) has been
revised to include the requested factors.
73. Comment: Section 256.11 of the rule should be revised to
include ``other extenuating circumstances'' or `` other unforeseen
factors'' to more accurately depict actuality.
Response: Section 256.15 (which replaces Sec. 256.11) has been
revised to include (f) Other unforeseen circumstances.
Section 256.12 Who is Responsible for Identifying What Work Will Be
Done on my Dwelling?
74. Comment: Section 256.12 of the rule should be revised to
include provision for consultation with the homeowner.
Response: Section 256.16 (which replaces Sec. 256.12) has not been
revised because it is the responsibility of the servicing housing
office to identify the work required to provide a dwelling which meets
the definition of standard housing, as identified in Sec. 256.2 of the
rule, and to communicate this information to the homeowner.
Section 256.13 What Will the Servicing Housing Office do to Identify
What Work is to be Done on my Dwelling?
75. Comment: How can a tribe with a limited amount of funding
available for administration and operation of the program be expected
to have the necessary funding needed to perform the activities
identified in Sec. 256.13 of the rule?
Response: Section 256.17 (which replaces Sec. 256.13) identifies
what activities must be performed to ensure that the objectives of the
Housing Improvement Program are met. It is incumbent on the servicing
organization to ensure that there are adequate resources for the
administration and conduct of the program.
76. Comment: Section 256.13 of the rule refers to a trained and
qualified representative from the servicing housing office. Who
determines what the qualifications and training needs of the housing
representative are?
Response: Section 256.17 (which replaces Sec. 256.13) does not
specify what the qualifications and training needs of the housing
representative are because it is outside the function of the Housing
Improvement Program. Federal government employees must meet or exceed
the qualifications, education, and/or training requirements established
for the position. The hiring organization is responsible for assessing
the qualifications and/or training needs of its housing
representative(s) to ensure adequate operation of the Housing
Improvement Program.
77. Comment: Section 256.13(c) of the rule requires that the
representative approve dwellings estimated to require $35,000 or more
in repairs for replacement. The rule should be revised to provide some
flexibility for cases where the cost estimate only exceeds the $35,000
limit by a small percentage.
Response: Section 256.17(c) (which replaces Sec. 256.13(c)) of the
rule has not been revised because the intent is to ensure that services
provided under the program are not curtailed due to costs and will
result in a dwelling that is completely repaired or replaced and to the
extent possible, a home which will meet the long term needs of the
recipient.
78. Comment: Section 256.13(c) of the rule should be revised to
emphasize that program services are to provide standard housing, which
is not limited to replacement housing and includes referral to other
housing resources. Beginning with the second sentence, revise the rule
to read: ``If the estimated cost to repair your dwelling is $35,000 or
more, the representative must approve your dwelling for replacement or
may refer you to another housing source. The other source does not have
to be for a replacement home, it may be for government subsidized
rental units.''
Response: Section 256.17(c) (which replaces Sec. 256.13(c)) has
been revised beginning with the second sentence to read: ``If the
estimated cost to replace your dwelling is $35,000 or more, the
representative must approve your dwelling for replacement or refer you
to another source for housing. The other source does not have to be for
a replacement home; it may be for government subsidized rental units or
other sources for standard housing.
79. Comment: Section 256.13(d)(1) of the rule requires compliance
with the occupancy and square footage criteria in Table A of the rule.
The servicing housing office and tribe should be allowed to determine
the square footage of each dwelling based on available funds and not be
limited to the criteria in Table A.
Response: Section 256.17(d)(1) (formerly Sec. 256.13(d)(1)) has not
been revised because the criteria identified in Table A, now in
Sec. 256.11 of the rule, provides the parameters for the modest
dwelling which may be provided to the recipient of the Housing
Improvement Program grant and is considered adequate for the rule.
Section 256.14 How Will I Be Advised of What Work is To Be Done?
Section 256.18 replaces Sec. 256.14. No comments were received.
Section 256.15 Who Performs the Improvements, Repairs, or Replacement
of My Dwelling?
80. Comment: Section 256.15 should include provision for tribal
construction companies and tribal ``force account'' construction. What
if an eligible applicant is an unemployed carpenter or other skilled
craftsman?
Response: Section 256.19 (which replaces Sec. 256.15) has been
revised to include provision for tribal repair and construction trades
persons, tribal home building contractors and tribal construction
companies. The rule does not preclude use of a ``force account.''
[[Page 10132]]
Section 256.20 of the rule is revised accordingly.
Section 256.16 How Are These Repairs or Construction Trades Persons,
Home Building Contractors or Construction Companies Selected and Paid?
81. Comment: Section 256.16 of the rule should provide for bidder
advertisement and selection by a Bureau approved tribal procurement
policy.
Response: Section 256.20 (which replaces Sec. 256.16) has been
revised to include provision for Federal procurement and other Bureau
approved tribal procurement policy.
82. Comment: Section 256.16 of the rule should be revised to
clarify that the appropriate contracting office selects the winning
bidder, after technical review by and written recommendation from the
servicing housing office, and after determination that the bidder is
qualified and capable of completing the project.
Response: Section 256.20 (which replaces Sec. 256.16) has been
revised to provide clarification that the appropriate contracting
office selects the winning bidder.
83. Comment: Section 256.16(d)(2) of the rule provides that final
payment will be made to the contractor after the final inspection and
after all provisions of the contract have been met, including punch-up
items. This phrase ``punch-up items'' should be replaced with ``punch
list.''
Response: Section 256.20(d)(2) (which replaces Sec. 256.16(d)(2))
has been revised as requested.
Section 256.17 Will I Have To Vacate My Dwelling While Repair Work or
Replacement of My Dwelling Is Being Done?
84. Comment: In Sec. 256.17 of the rule, there should be some
provision to assist families with relocation, assuming that we will
serve the neediest of the neediest.
Response: Section 256.21 (which replaces Sec. 256.17) has not been
revised because the funding appropriated for the program is provided
for the needed repairs and replacement of housing and does not provide
for this type of assistance. Regretfully, these temporary relocation
costs must be defined as the participant's responsibility. We suggest
that other sources for this assistance be pursued.
Section 256.18 How Can I Be Sure That the Work That Is Being Done on
My Dwelling Meets Minimum Construction Standards?
85. Comment: The phrase ``applicable minimum construction
standards'' in Sec. 256.18(a) of the rule should be revised to read:
``applicable building codes'', to provide one definitive phase used
throughout the rule.
Response: Section 256.22(a) (which replaces Sec. 256.18(a)) has not
been revised because the terms are not inclusive.
86. Comment: Section 256.18(b) of the rule delineating inspections
at specific stages of construction should be omitted and reference
should be made to the ``applicable building code regulations'' for new
construction.
Response: Section 256.22 (which replaces Sec. 256.18(b)) of the
rule has not been revised because it provides a necessary and flexible
framework for the servicing housing office to schedule one or more
inspections based on the scope of the project, as well as providing
direction for three specific instances when an inspection is mandatory.
87. Comment: Section 256.18(b) of the rule should be revised to
include the usual inspections required as per building codes, such as:
(1) Foundation; (2) Concrete slab or under-floor; (3) Plumbing,
mechanical and electrical; (4) Frame and masonry; (5) Insulation and
vapor barrier; (6) Lath and/or wallboard; (7) Other: The servicing
housing office may require any other inspection to ascertain compliance
with the building code; and, (8) Final.
Response: Section 256.22 (which replaces Sec. 256.18(b)) has not
been revised because it provides a necessary and flexible framework for
the servicing housing office to schedule one or more inspections based
on the scope of the project, as well as providing direction for three
specific instances when an inspection is mandatory.
88. Comment: Section 256.18(b) of the rule should be revised to
read: ``Inspections under categories A, B, and C will be made as needed
to ensure that applicable minimum construction standards and building
codes are applied.''
Response: We have not revised Sec. 256.22(b) (formerly
Sec. 256.18(b)) because the purpose for review of the construction in
Sec. 256.22(a) (formerly Sec. 256.18(a)) is considered adequate for the
rule.
Section 256.19 How Will I Be Advised That the Repair Work or
Replacement of My Dwelling Has Been Completed?
89. Comment: Section 256.19 of the rule requires the servicing
housing office to notify the Housing Improvement Program recipient, in
writing, that work on the project has been completed. To cut down on
paperwork, a phone call would suffice.
Response: Section 256.23 (which replaces Sec. 256.19) has not been
revised because written communication is recognized as an appropriate
means of official notification. A copy of the notice signed by the
recipient also provides the servicing housing office with
acknowledgment of receipt of the notice. The requirement to provide a
written notification does not preclude additional communication with
the recipient regarding the status of the work project.
Section 256.20 How Many Times Can I Receive Improvements, Repairs, or
Replacement Services Under the Housing Improvement Program?
90. Comment: Section 256.20(b) of the rule should be revised to
change October 1, 1986 to October 1, 1990.
Response: Section 256.24(b) (which replaces Sec. 256.20(b)) has not
been revised because the specified date corresponds with the
congressionally mandated redirection of the program.
Section 256.21 Will I Need Flood Insurance?
91. Comment: Based on the fact that we are serving the ``neediest
of the needy'', we question whether any of our participants would be
able to afford flood insurance, as specified in Sec. 256.21 of the
rule. It is very difficult and expensive to obtain home insurance on
our reservation due to land issues.
Response: Section 256.25 (which replaces Sec. 256.21) has not been
revised because Pub. L. 93-234, as amended, 87 Stat. 975, prohibits the
expenditure of Federal funds for any purpose in an area identified as
having special flood hazards, unless there is adequate flood insurance.
92. Comment: In Sec. 256.21 of the rule, who may waive the
requirement for flood insurance if the grantee cannot afford it? Also,
the rule does not explain that a house should be raised above the flood
plain when circumstances permit.
Response: The Pub. L. 93-234, as amended, prohibition cannot be
waived. The servicing housing office is responsible for knowledge of
applicable building standards.
93. Comment: Section 256.21, How long should the homeowner keep
flood insurance in effect?
Response: Section 256.25 (which replaces Sec. 256.21) does not
specify the length of time that the flood insurance should be kept in
effect because it is outside the authority of the rule. However, the
servicing housing office should be familiar with and able to advise
applicants of the specific requirements under the Flood Protection Act
of 1973.
[[Page 10133]]
Section 256.22 Is my Federal Government-Assisted Dwelling Eligible for
Services Under the Housing Improvement Program?
94. Comment: We oppose Sec. 256.22 of the rule excluding repairs
being made to homes that were purchased with ``Government subsidized
funds''. Most housing on Indian reservations is purchased through
federally subsidized programs sponsored by the Departments of
Agriculture, Housing and Urban Development, and Veterans Affairs. Over
time these homes may become substandard and neither the home nor the
owner may be eligible for other housing assistance programs.
Response: Section 256.26 (which replaces Sec. 256.22) has been
revised to exclude only those homes purchased through Federal
government-sponsored home programs for which other housing assistance
is available.
95. Comment: Section 256.22 of the rule appears to make Housing and
Urban Development owned housing ineligible for the Housing Improvement
Program. The rule should be revised to include such homes in the
program or to provide exceptions for the older, substandard Housing and
Urban Development housing that is not eligible for any other housing
assistance programs, or when the home has been paid-off, is under new
ownership and the new owner otherwise qualifies for the Housing
Improvement Program.
Response: Section 256.26 (which replaces Sec. 256.22), as revised,
excludes homes purchased through Federal government sponsored home
programs for which other housing assistance is available. Housing and
Urban Development owned housing is eligible for housing assistance
through tribally designed housing programs under Pub. L. 104-330,
Native American Housing Assistance and Self-Determination Act of 1996.
Section 256.23 Are Mobile Homes Eligible for Services Under the
Housing Improvement Program?
96. Comment: Section 256.23 of the rule excludes services to
applicants with a mobile home, but these are the dwellings that often
have the health and safety deficiencies and eventually require
replacement.
Response: Section 256.27 (which replaces Sec. 256.23) is not
intended to exclude applicants living in a mobile home from
participation in the program, but is intended to eliminate repairs and
renovations to mobile units. Typically, these repairs and renovations
do not meet the definition of cost effective, as defined in Sec. 256.2
of the rule. The rule has been revised to focus the question on the
services available to the eligible applicant and has been revised to
read:
``Sec. 256.27 Can I receive Housing Improvement Program services
if I am living in a mobile home? Yes. If you meet the eligibility
criteria in Sec. 256.6 of the rule and there is sufficient funding
available, you can receive any of the Housing Improvement Program
services as identified in Sec. 256.7, except that if you require
Category B services and your mobile home has exterior walls of less
than three inches, you must be provided Category C services.''
97. Comment: Section 256.23 of the rule specifies that mobile, or
modular homes are no longer eligible for assistance under the revised
regulations. Manufactured housing, including mobile homes, which are
required to meet Department of Housing and Urban Development building
code standards in 24 CFR part 3280, should be included in the services
provided under the Housing Improvement Program. The rule should be
revised to provide for manufactured housing, including modular homes,
with the axles and tongue removed and installed on a concrete
foundation.
Response: Many comments were received concerning Sec. 256.23 of the
rule. The majority of these comments opposed the exclusion of mobile
homes from the Housing Improvement Program. The rule, now in
Sec. 256.27, as revised, addresses the eligibility of applicants living
in a mobile home and clarifies which services cannot be provided to
sub-standard mobile homes. Section 256.2 of the rule, as revised to
include the definition for standard housing, satisfies the comments for
provision for manufactured housing, including modular housing, when
that housing meets the definition of standard housing. Practically,
this includes, but is not limited to: the manufactured housing meeting
Department of Housing and Urban Development building code standards in
24 CFR part 3280; that the axles and tongue are removed; and, that the
unit is installed on a concrete foundation.
Section 256.24 Can Housing Improvement Program Resources Be
Supplemented With Other Available Resources?
98. Comment: Section 256.24 of the rule should be revised to read:
``Yes. Housing Improvement Program resources may be supplemented
through other available resources to increase the number of Housing
Improvement Program recipients.''
Response: Section 256.28 (which replaces Sec. 256.24) has been
revised as requested.
99. Comment: Sections 256.24(a) and 256.24(b) of the rule should be
deleted to enable the servicing housing office to determine if
supplemental funds can be used to exceed the Housing Improvement
Program limits in order to meet the needs of the recipient.
Response: Sections 256.24(a) and Sec. 256.24(b) of the rule have
been omitted as requested. However, Sec. 256.28, as revised in response
to the previous comment, restricts any increase in resources for the
purpose of increasing the number of Housing Improvement Program
recipients. This restriction is to ensure that the improvements,
repairs, renovations, replacements and housing provided under the
program can not be construed to be extravagant or unnecessary, while
offering these services to as many eligible recipients as possible. If
additional resources are available to exceed program limits, the tribe
may wish to establish an entirely separate tribal housing program, that
does not use Housing Improvement Program funding, and therefore does
not need to adhere to the rules of the Housing Improvement Program.
III. Findings and Certifications
The major purpose of the revision has been to provide simplified
administrative guidelines and to make the program more flexible and
responsive to the needs of tribes and the intended recipients of the
program.
The Department of the Interior has certified to the Office of
Management and Budget (OMB) that this rule meets the applicable
standards provided in sections 3(a) and 3(b)(2) of Executive Order
12988.
This rule is not a significant regulatory action under Executive
Order 12866, and therefore will not be review by the Office of
Management and Budget.
In accordance with Executive Order 12630, the Department of the
Interior has determined that this rule does not have significant
takings implications.
This rule will not have a significant economic impact on a
substantial number of small entities under the Regulatory Flexibility
Act (5 U.S.C. 601 et seq.).
The Department of the Interior has determined that this rule does
not have significant federalism effects.
The Office of Management and Budget has approved the information
collection requirements in part 256 under 44 U.S.C. 3507 et seq. and
assigned control number 1076-0084. The information is collected to
determine applicant eligibility for services and eligibility to
participate in the program based on the
[[Page 10134]]
criteria referenced in Sec. 256.10 and in Table B. The public reporting
burden for this form is estimated to average 30 minutes per response,
including the time for reviewing the instructions, gathering and
maintaining data, and completing and reviewing the form. Comments
concerning the accuracy of the burden estimate and suggestions for
reducing the burden should be directed to the Bureau of Indian Affairs,
Information Collection Clearance Officer, MS 4140-MIB, 1849 C Street,
N.W., Washington, DC 20420, and to the Office of Management and Budget,
Office of Information and Regulatory Affairs, Washington, DC 20503.
Response is required to obtain a benefit under 25 CFR part 256. The
information is confidential and protected under The Privacy Act of
1974, 5 U.S.C. 522a, as amended, and for use only in conjunction with
official U.S. government business relating to the Housing Improvement
Program. Applicants are informed of the necessity to provide the
confidential information and must sign a written Privacy Act statement,
which authorizes the use of the information. A Federal agency may not
conduct or sponsor and a person is not required to respond to a
collection of information unless it displays a currently valid OMB
control number.
The Department of the Interior has determined that this rulemaking
does not constitute a major Federal action significantly affecting the
quality of the human environment and that no detailed statement is
required pursuant to the National Environmental Policy Act of 1969.
The primary author of this document is Ms. June Henkel, Office of
Tribal Services, Bureau of Indian Affairs, Department of the Interior,
Washington, DC.
List of Subjects in 25 CFR Part 256
Indians; Indian--housing.
For the reasons set forth in the preamble, part 256 of Title 25,
Chapter I of the Code of Federal Regulations is revised as set forth
below.
PART 256--HOUSING IMPROVEMENT PROGRAM
Sec.
256.1 Purpose.
256.2 Definitions.
256.3 Policy.
256.4 Information collection.
256.5 What is the Housing Improvement Program?
256.6 Am I eligible for the Housing Improvement Program?
256.7 What housing services are available under the Housing
Improvement Program?
256.8 When do I qualify for Category A assistance?
256.9 When do I qualify for Category B assistance?
256.10 When do I qualify for Category C assistance?
256.11 What are the occupancy and square footage standards for
housing provided with Category C assistance?
256.12 Who administers the Housing Improvement Program?
256.13 How do I apply for the Housing Improvement Program?
256.14 What are the steps that must be taken to process my
application for the Housing Improvement Program?
256.15 How long will I have to wait for the improvement, repair, or
replacement of my dwelling to be done?
256.16 Who is responsible for identifying what work will be done on
my dwelling?
256.17 What will the servicing housing office do to identify what
work is to be done on my dwelling?
256.18 How will I be advised of what work is to be done?
256.19 Who performs the improvements, repairs, or replacement of my
dwelling?
256.20 How are these repairs or construction trades persons and
home building contractors selected and paid?
256.21 Will I have to vacate my dwelling while repair work or
replacement of my dwelling is being done?
256.22 How can I be sure that the work that is being done on my
dwelling meets minimum construction standards?
256.23 How will I be advised that the repair work or replacement of
my dwelling has been completed?
256.24 How many times can I receive improvements, repairs, or
replacement services under the Housing Improvement Program?
256.25 Will I need flood insurance?
256.26 Is my Federal government assisted dwelling eligible for
services under the Housing Improvement Program?
256.27 Can I receive Housing Improvement Program services if I am
living in a mobile home?
256.28 Can Housing Improvement Program resources be supplemented
with other available resources?
256.29 What can I do if I disagree with actions taken under the
Housing Improvement Program?
Authority: 25 U.S.C. 13
Sec. 256.1 Purpose.
The purpose of the part is to define the terms and conditions under
which assistance is given to Indians under the Housing Improvement
Program (HIP).
Sec. 256.2 Definitions.
As used in this part 256:
Agency means the current organizational unit of the Bureau that
provides direct services to the governing body or bodies and members of
one or more specified Indian tribes.
Appeal means a written request for review of an action or the
inaction of an official of the Bureau of Indian Affairs that is claimed
to adversely affect the interested party making the request, as
provided in part 2 of this chapter.
Applicant means an individual or persons on whose behalf an
application for services has been made under this part.
Area Director means the officer in charge of a Bureau of Indian
Affairs area office, or his/her authorized delegate.
Bureau means the Bureau of Indian Affairs.
Child means a person under the age of 18 or such other age of
majority as is established for purposes of parental support by tribal
or state law (if any) applicable to the person at his or her residence,
except that no other person who has been emancipated by marriage can be
deemed a child.
Cost effective means the cost of the project is within the cost
limits for the category of assistance and adds sufficient years of
service to the dwelling to satisfy the recipient's housing needs well
into the future.
Disabled means legally blind; legally deaf; lack of or inability to
use one or more limbs; chair or bed bound; inability to walk without
crutches or walker; mental disability in an adult of a severity that
requires a companion to aid in basic needs, such as dressing, preparing
food, etc.; or severe heart and/or respiratory problems preventing even
minor exertion.
Family means one or more persons maintaining a household.
Household means persons living with the head of household who may
be related or unrelated to the head of household and who function as
members of a family.
Independent trades person means any person possessing the ability
to perform work in a particular vocation.
Indian means any person who is a member of any of those tribes
listed in the Federal Register pursuant to 25 CFR part 83, as
recognized by and receiving services from the Bureau of Indian Affairs.
Indian tribe means an Indian or Alaska Native tribe, band, nation,
pueblo, village or community that the Secretary of the Interior
acknowledges to exist as an Indian tribe pursuant to Pub. L. 103-454,
108 Stat. 4791.
Permanent members of household means adults living in the household
that intend to live there continuously from now on and any children
defined as a child in this part.
Secretary means the Secretary of the Interior.
Service area means the reservations (former reservations in
Oklahoma), allotments, restricted lands, and Indian-
[[Page 10135]]
owned lands (including lands owned by corporations established
pursuant to the Alaska Native Claims Settlement Act) within a
geographical area designated by the tribe and approved by the Area
Director to which equitable services can be delivered.
Service housing office means the Tribal Housing Office or Bureau
Housing Assistance Office administering the Housing Improvement Program
in the service area in which the applicant resides.
Standard housing means a dwelling in a condition which is decent,
safe and sanitary so that it meets the following minimum standards:
(1) General construction conforms to applicable tribal, county,
state or national codes and to appropriate building standards for the
region;
(2) The heating system has the capacity to maintain a minimum
temperature of 68 degrees in the dwelling during the coldest weather in
the area. It must be safe to operate and maintain and deliver a uniform
distribution of heat;
(3) The plumbing system includes a properly installed system of
piping and fixtures;
(4) The electrical system includes wiring and equipment properly
installed to safely supply electrical energy for lighting and for the
operation of appliances;
(5) Occupants per dwelling do not exceed these limits:
(i) Two-bedroom dwelling: Up to four persons;
(ii) Three-bedroom dwelling: Up to seven persons;
(iii) Four-bedroom dwelling: Adequate for all but the very largest
families;
(6) Bedroom size: The first bedroom must have at least 120 square
feet of floor space, additional bedrooms must have a minimum of 100
square feet of floor space each.
(7) Two exceptions to standard housing will be permitted:
(i) Where one or more of the utilities are not available and there
is no prospect of the utilities becoming available; and
(ii) In areas of severe climate, house size may be reduced to meet
applicable building standards of that region.
(8) The house site must be chosen so that access to utilities is
most economical, the ingress and egress are adequate, and aesthetics
and proximity to school bus routes are considered.
Substandard housing means condition(s) exist that do not meet the
definition of standard housing in this part of the rule.
Superintendent means the Bureau official in charge of an agency
office.
Sec. 256.3 Policy.
(a) The Bureau of Indian Affairs housing policy is that every
American family should have the opportunity for a decent home and
suitable living environment. The Housing Improvement Program will serve
the neediest of the needy Indian families who have no other resource
for standard housing.
(b) Every Indian who meets the basic eligibility criteria defined
in Sec. 256.6 is entitled to participate in the program. Participation
is based on priority of need, regardless of tribal affiliation.
(c) Tribal participation in and direct administration of the
Housing Improvement Program is encouraged to the maximum extent
possible. Tribal involvement is necessary to ensure that the services
provided under the program are responsive to the needs of the tribes
and the program participants.
(d) Partnerships with complementary improvement programs are
encouraged to increase basic benefits derived from the Housing
Improvement Program fund. An example is the agreement with Indian
Health Services to provide water and sanitation facilities for Housing
Improvement Program houses.
Sec. 256.4 Information Collection.
The information collection requirements contained in Sec. 256.9
have been approved by the Office of Management and Budget under 44
U.S.C. 3507 et seq. and assigned clearance number 1076-0084. The
information is collected to determine applicant eligibility for
services and eligibility to participate in the program based on the
criteria referenced in Secs. 256.9 and 256.10. Response is required to
obtain a benefit. The public reporting burden for this form is
estimated to average thirty minutes per response, including the time
for reviewing the instructions, gathering and maintaining data, and
completing and reviewing the form.
Sec. 256.5 What is the Housing Improvement Program?
The Housing Improvement Program provides a grant to fund services
to repair, renovate, replace or provide housing for the neediest of the
needy Indian families having substandard housing or who are without
housing and have no other recourse for assistance.
Sec. 256.6 Am I eligible for the Housing Improvement Program?
You are eligible for the Housing Improvement Program if:
(a) You are a member of a Federally recognized American Indian
tribe or Alaska Native village;
(b) You live in an approved tribal service area;
(c) Your annual income does not exceed 125 percent of the
Department of Health and Human Services poverty income guidelines.
These guidelines are available from your servicing housing office;
(d) Your present housing is substandard as defined in Sec. 256.2;
and
(e) You meet the ownership requirements for the assistance needed,
as defined in Sec. 256.7(b);
(f) You have no other resource for housing assistance;
(g) You have not received assistance after October 1, 1986, for
repairs and renovation, replacement or housing, or down payment
assistance; and
(h) You did not acquire your present housing through participation
in a Federal government-sponsored housing program that includes
provision for the assistance referred to in paragraph (g) of this
section.
Sec. 256.7 What housing services are available under the Housing
Improvement Program?
There are three categories of assistance available under the
Housing Improvement Program, as outlined in the following table
------------------------------------------------------------------------
Where to find
Type of assistance What it provides information
------------------------------------------------------------------------
Category A--Interim Up to $2,500 in Sec. 256.8.
improvements. housing repairs to
the house in which
you live.
Category B--Repairs and Up to $35,000 in Sec. 256.9.
renovation. repairs and
improvement to your
house.
Category C--Replacement A modest dwelling Sec. 256.10-11.
housing. that meets the
criteria in Sec.
256.11.
------------------------------------------------------------------------
[[Page 10136]]
Sec. 256.8 When do I qualify for Category A assistance?
You qualify for interim improvement assistance under Category A if
it is not cost effective to renovate the dwelling in which you live and
if either of the following is true:
(a) Other resources to meet your housing needs exist but are not
immediately available; or
(b) You qualify for replacement housing under Category C, but there
are no Housing Improvement Program funds available to replace your
house.
Sec. 256.9 When do I qualify for Category B assistance?
You qualify for repairs and renovation assistance under Category B
if you meet the requirements of this section.
(a) Your servicing housing office must determine that it is cost
effective to repair and renovate the house.
(b) You must either:
(1) Own the house; or
(2) Lease the house with:
(i) An undivided leasehold (i.e., you are the only lessee); and
(ii) A leasehold that will last at least 25 years from the date
that you receive the assistance.
(c) The servicing housing office must determine that the repairs
and improvements will make the house meet applicable building code
standards.
(d) You must sign a written agreement stating that, if you sell the
house within 5 years of the completion of repairs:
(1) The assistance grant under this part will be voided; and
(2) At the time of settlement, you will repay BIA the full cost of
all repairs made under this part.
Sec. 256.10 When do I qualify for Category C assistance?
(a) You qualify for replacement housing assistance under Category C
if you meet one of the four sets of requirements in the following
table.
------------------------------------------------------------------------
You qualify for Category C
assistance if * * * And * * * And * * *
------------------------------------------------------------------------
You own the house in which The house cannot be ....................
you are living. brought up to
applicable code
standards for
$35,000 or less.
You lease the house in which Your leasehold is The house cannot be
you are living. undivided and for brought up to
not less than 25 applicable building
years at the time code standards for
that you receive $35,000 or less.
assistance.
You do not own a house...... You own land that is The land has
suitable for adequate ingress
housing. and egress rights.
You do not own a house...... You have a leasehold The land has
on land that is adequate ingress
suitable for and egress rights.
housing and the
leasehold is
undivided and for
not less than 25
years at the time
that you receive
assistance.
------------------------------------------------------------------------
(b) If you qualify for assistance under paragraph (a) of this
section, you must sign a written agreement stating that, if you sell
the house within 10 years of assuming ownership:
(1) The grant under this part will be voided; and
(2) At the time of settlement, you will repay BIA the full cost of
the house.
(c) If you sell the house more than 10 years after you assume
ownership, the following conditions apply:
(1) You may retain 10 percent of the original cost of the house per
year, beginning with the eleventh year.
(2) If you sell the house after the first 20 years, you will not
have to repay BIA.
Sec. 256.11 What are the occupancy and square footage standards for
housing provided with Category C assistance?
Housing provided with Category C assistance will meet the standards
in the following table.
------------------------------------------------------------------------
Total house square
Number of occupants Number of bedrooms footage (maximum)
------------------------------------------------------------------------
1-3.................... *2 900
4-6.................... *3 1050
7+..................... *4 **1350
------------------------------------------------------------------------
*Determined by the servicing housing office, based on composition of the
family.
**Adequate for all but the very largest families.
Sec. 256.12 Who administers the Housing Improvement Program?
The Housing Improvement Program is administered by a servicing
housing office operated by:
(a) A Tribe, under a Pub. L. 93-638 contract or a self-governance
annual funding agreement; or
(b) The Bureau of Indian Affairs.
Sec. 256.13 How do I apply for the Housing Improvement Program?
(a) First, you must obtain an application, BIA Form 6407, and a
Privacy Act Statement from your nearest servicing housing office.
(b) Second, you must complete and sign BIA Form 6407 and the
Privacy Act Statement.
(c) Third, you must submit your completed application and signed
Privacy Act Statement to your servicing housing office. Submission to
the nearest BIA housing office does not preclude tribal approval of the
application.
(d) Fourth, you must furnish documentation proving tribal
membership. Examples of acceptable documentation include a copy of your
Certificate of Degree of Indian Blood (CDIB) or a copy of your tribal
membership card.
(e) Fifth, you must provide proof of income from all permanent
members of your household.
(1) You must submit signed copies of current 1040 tax returns from
all permanent members of the household, including W-2's and all other
attachments.
(2) You must provide proof of all other income from all permanent
members of the household. This includes unearned income such as social
security, general assistance, retirement, and unemployment benefits.
(3) If you or other household members did not file a tax return,
you must submit a signed notarized statement explaining why you did
not.
(f) Sixth, you must furnish a copy of your annual trust income
statement from your Individual Indian Money (IIM) account, for royalty,
lease, and other monies, from your home agency. If you do not have an
account, you must furnish a statement from your home agency to that
effect.
(g) Seventh, you must provide proof of ownership of the residence
and/or land:
(1) For fee patent property, you must provide a copy of a fully
executed Warranty Deed, which is available at your local county court
house;
(2) For trust property, you must provide certification from your
home agency;
(3) For tribally owned land, you must provide a copy of a properly
executed
[[Page 10137]]
tribal assignment, certified by the agency; or
(4) For multi-owner property, you must provide a copy of a properly
executed lease.
Sec. 256.14 What are the steps that must be taken to process my
application for the Housing Improvement Program?
(a) The servicing housing office must review your application for
completeness. If your application is incomplete, the office will notify
you, in writing, what is needed to complete your application and the
date it must be submitted. If you do not complete your application by
the deadline date, you will not be eligible for assistance in that
program year.
(b) The servicing housing office will use your completed
application to determine if you are eligible for the Housing
Improvement Program.
(1) If you are found ineligible for the Housing Improvement Program
or otherwise do not qualify for the program, the servicing housing
office will advise you in writing within 45 days of receipt of your
completed application.
(2) If you are found eligible for the Housing Improvement Program,
the servicing housing office will assess your application for need,
according to the factors and numeric values shown in the following
table.
----------------------------------------------------------------------------------------------------------------
Ranking factor and
Factor definition Ranking description Point descriptors
----------------------------------------------------------------------------------------------------------------
1 Annual Household Income/125% FPIG--(% of 125% of Points--(Maximum=40)
income FPIG)
Must 0-25................................ 40.
include income of 26-50............................... 30.
all persons 51-75............................... 20.
counted in 76-100.............................. 10.
Factors 2, 3, 4. 101-125............................. 0.
Income
includes earned
income,
royalties, and
one-time income.
2 Aged Persons Years of Age Points
For the Less than 55........................ 0.
benefit of 55 and older........................ 1 point per year of age over 54.
persons age 55 or
older, and
Must be
living in the
dwelling.
3 Disabled % of Disability--(A%+B%/2).......... Points--(Maximum=20)
Individual
Any one 100%................................ 20.
(1) disabled or.................................. 10.
person living in less than 100%.
the dwelling.
(The percentage of
disability must
be based on the
average (mean) of
the percentage of
disabilities
identified from
two sources (A+B)
of statements of
conditions which
may include a
physician's
certification,
Social Security
or Veterans
Affairs
determination, or
similar
determination)..
4 Dependent Children Dependent Child--(Number of Points--(Maximum=5)
Children)
Must be 1................................... 0.
under the age of 2................................... 1.
18 or such other 3................................... 2.
age established 4................................... 3.
for purposes of 5................................... 4.
parental support 6 or more........................... 5.
by tribal or
state law (if
any).
Must live
in the dwelling
and not be
married.
----------------------------------------------------------------------------------------------------------------
*FPIG means Federal Poverty Income Guidelines.
(c) The servicing housing office will develop a list of the
applications considered and/or received for the Housing Improvement
Program for the current program year. The list will include, at a
minimum, sufficient information to determine:
(1) The current program year;
(2) The number of applications considered and/or received;
(3) The eligible applicants, ranked in order of need, from highest
to lowest, based on the total numeric value assigned according to the
factors shown in Table B. (In the case of a tie, the family with the
lower income will be listed first);
(4) The estimated allowable costs of the improvements, repairs or
replacement projects for the eligible applicants and the ``Priority
List,'' identifying which applicants will be served based on the amount
of available funding, starting with the most needy applicant and
continuing until the amount of available funding is depleted; and
(5) The applicants not ranked, with an explanation (such as reason
for ineligibility or reason for incomplete application).
(d) Your servicing housing office will inform you in writing within
45 days of completion of the listing whether funding is available to
provide Housing Improvement Program services to you in that program
year.
(1) If funding is available, you will be provided appropriate
information concerning the availability of Housing Improvement Program
services.
(2) If funding is not available, you will be advised, in writing,
and provided appropriate information concerning submission for the next
available program year. At the option of your servicing housing office
and when extenuating circumstances exist, your application can be
carried forward, for one year, into the next program year. You will be
advised that you must provide written confirmation that the information
in your application is still accurate and that you must provide current
income documentation for that application to be considered in the next
program year.
(e) Your servicing housing office will prepare an annual report
identifying construction work undertaken during the fiscal year and
related construction expenditures. The annual report is due to the
servicing area office on the fifteenth day after the end of the fiscal
year. The report, at a minimum, will contain:
(1) Number of Eligible Applicants;
(2) Number of Applicants Provided Service;
(3) Names of Applicants Provided Service;
(4) For Each Applicant Provided Service:
(i) Date of Construction Start;
(ii) Date of Construction Completion, if applicable;
(iii) Cost;
[[Page 10138]]
(iv) HIP Category.
Sec. 256.15 How long will I have to wait for the improvement, repair,
or replacement of my dwelling to be done?
The length of time that it takes to accomplish the work to be done
on your dwelling is dependent on:
(a) Whether funds are available;
(b) The type of work to be done;
(c) The climate and seasonal conditions where your dwelling is
located;
(d) The availability of a contractor;
(e) Your position on the priority list; and
(f) Other unforeseen factors.
Sec. 256.16 Who is responsible for identifying what work will be done
on my dwelling?
The servicing housing office is responsible for identifying what
work is to be done on your dwelling or whether your dwelling will be
replaced. This includes responsibility to communicate and coordinate,
through provision of the current Priority List, with the Indian Health
Service, when it is the organization responsible for verifying the
availability/feasibility of water and wastewater facilities.
Sec. 256.17 What will the servicing housing office do to identify what
work is to be done on my dwelling?
(a) First, a trained and qualified representative of your servicing
housing office must visit your dwelling to identify what improvements
or repairs are to be done under the Housing Improvement Program. The
representative must ensure that flood, National Environmental
Protection Act (NEPA) and earthquake requirements are met.
(b) Second, based on the list of improvements or repairs to be
done, the representative must estimate the total cost of improvements
or repairs to your dwelling. Cost estimates must be based on locally
available services and product costs, or other regional-based,
industry-recognized cost data, such as that provided by the MEANs or
MARSHALL SWIFT. If the dwelling is located in Alaska, documented,
reasonable, substantiated freight costs, in accordance with Federal
Property Management Regulations (FPMR 101-40), not to exceed 100
percent of the cost of materials, can be added to the cost of the
project.
(c) Third, the representative must determine which Housing
Improvement Program category the improvements to your dwelling meet,
based on the estimated cost of improvements or repairs. If the
estimated cost to repair your dwelling is more than $35,000, the
representative must approve your dwelling for replacement or refer you
to another source for housing. The other source does not have to be for
a replacement home; it may be for government-subsidized rental units or
other sources for standard housing.
(d) Fourth, the representative must develop a detailed, written
report, also called ``bid specifications'' that identifies what and how
the improvement, repair, or construction work is to be accomplished at
the dwelling.
(1) When the work includes new construction, the ``bid
specifications'' will be supplemented with a set of construction plans.
The plans must not exceed the occupancy and square footage criteria
identified in Sec. 256.7. The plans must be sufficiently detailed to
provide complete instructions to the builder for the purpose of
construction.
(2) ``Bid Specifications'' are also used to inform potential
bidders of what work is to be done.
Sec. 256.18 How will I be advised of what work is to be done?
You will receive written notice from the servicing housing office
of what work is being scheduled under the Housing Improvement Program.
You will be requested to concur with the scheduled work by signing a
copy of the notice and returning it to the servicing housing office. No
work will be started until the signed copy is returned to the servicing
housing office.
Sec. 256.19 Who performs the improvements, repairs, or replacement of
my dwelling?
Independent or tribal repair or construction trades persons, home
building contractors, or construction companies will perform the
improvements, repairs, or replacement of your dwelling.
Sec. 256.20 How are these repairs or construction trades persons, home
building contractors, or construction companies selected and paid?
The servicing housing office must follow Federal procurement or
other Bureau-approved tribal procurement policy. Generally, your
servicing housing office develops a ``bid specification'' or statement
of work, which identifies the work to be performed. The appropriate
contracting office uses the ``bid specification'' to provide
information and invite bids on the project to interested parties. The
contracting office selects the winning bidder after technical review of
the bids by and written recommendation from the servicing housing
office, and after determination that the bidder is qualified and
capable of completing the project as advertised.
(a) Payments to the winning bidder are negotiated in the contract
and based on specified delivery of services.
(1) Partial payments will not exceed 80 percent of the value of the
completed work.
(2) Final payment will be made after final inspection and after all
provisions of the contract have been met, including punch list items.
Sec. 256.21 Will I have to vacate my dwelling while repair work or
replacement of my dwelling is being done?
(a) You will be notified by the servicing housing office that you
must vacate your dwelling only if:
(1) It is scheduled for major repairs requiring that all occupants
vacate the dwelling for safety reasons; or
(2) It is scheduled for replacement which requires the demolition
of your current dwelling.
(b) If you are required to vacate the premises for the duration of
the construction, you are responsible for:
(1) Locating other lodging;
(2) Paying all costs associated with vacating and living away from
the dwelling; and
(3) Removing all your belongings and furnishings before the
scheduled beginning work date.
Sec. 256.22 How can I be sure that the work that is being done on my
dwelling meets minimum construction standards?
(a) At various stages of construction, a trained and qualified
servicing housing office representative or building inspector will
review the construction to ensure that it meets applicable minimum
construction standards and building codes. Upon completion of each
stage, further construction is prohibited until the inspection occurs
and approval is granted.
(b) Inspections are, at a minimum, made at the following stages of
construction:
(1) Footings;
(2) Closed in, rough wiring and rough plumbing; and
(3) At final completion.
Sec. 256.23 How will I be advised that the repair work or replacement
of my dwelling has been completed?
The servicing housing office will advise you, in writing, that the
work has been completed in compliance with the project contract. Also,
you will have a final walk-through of the dwelling with your servicing
housing office representative. You will be requested to verify that you
received the notice of completion of the work by signing a copy of the
notice and returning it to the servicing housing office representative.
[[Page 10139]]
Sec. 256.24 How many times can I receive improvements, repairs, or
replacement services under the Housing Improvement Program?
(a) Under Interim Improvements, Category A, you can receive
services under the Housing Improvement Program more than one time, for
improvements to the dwelling in which you are living to improve the
safety or sanitation of the dwelling:
(1) For not more than a total cost of $2,500;
(2) For not more than one dwelling.
(b) Under Repairs and Renovation, Category B, after October 1,
1986, you may receive services one time, for repairs to the dwelling
that you own and occupy that requires not more than $35,000 to make the
dwelling meet applicable building code standards.
(c) Under Replacement Housing, Category C, after October 1, 1986,
you may receive services one time, for a modest replacement home.
Sec. 256.25 Will I need flood insurance?
You will need flood insurance if your dwelling is located in an
area identified as having special flood hazards under the Flood
Disaster Protection Act of 1973 (Pub. L. 93-234, 87 Stat. 977). Your
servicing housing office will advise you.
Sec. 256.26 Is my Federal government-assisted dwelling eligible for
services under the Housing Improvement Program?
Yes. You may receive services under the Housing Improvement Program
if your home was purchased through a Federal government sponsored home
program that does not include provision for housing assistance.
Sec. 256.27 Can I receive Housing Improvement Program services if I am
living in a mobile home?
Yes. If you meet the eligibility criteria in Sec. 256.6 and there
is sufficient funding available, you can receive any of the Housing
Improvement Program services identified in Sec. 256.7. If you require
Category B services and your mobile home has exterior walls of less
than three inches, you must be provided Category C services.
Sec. 256.28 Can Housing Improvement Program resources be supplemented
with other available resources?
Yes. Housing Improvement Program resources may be supplemented
through other available resources to increase the number of Housing
Improvement Program recipients.
Sec. 256.29 What can I do if I disagree with actions taken under the
Housing Improvement Program?
You may appeal action or inaction by an official of the Bureau of
Indian Affairs, in accordance with 25 CFR Part 2. You may appeal action
or inaction by tribal officials through the appeal process established
by the servicing tribe.
Dated: February 24, 1998.
Kevin Gover,
Assistant Secretary--Indian Affairs.
[FR Doc. 98-5300 Filed 2-27-98; 8:45 am]
BILLING CODE 4310-02-P
