NOFA for the Traditional Indian Housing Development Program for Fiscal Year 1995

SUMMARY: A. This notice announces the availability of funding for

Fiscal Year (FY) 1995 for the development of new Indian Housing (IH)

units and provides the applicable criteria, processing requirements and

action timetable. All Indian housing authorities (IHAs) which have not

been determined to be administratively incapable, in accordance with 24

CFR 905.135, are invited to submit applications for Indian Housing

developments in accordance with the requirements of this NOFA.

B. This NOFA contains information concerning the purpose of this

NOFA; eligibility; available amounts; and the procedures that an IHA

must follow to apply for new Indian Housing units. The procedures for

rating, ranking, and funding IHA applications are also in this NOFA.

DATES: Applications must be physically received by the Field Office of

Native American Programs (FONAP) having jurisdiction over the applicant

on or before 3:00 p.m., FONAP local time, March 6, 1995. The applicant

shall submit its application(s) for new housing units on Form HUD-52730

with all supporting documentation required by Appendix 2, and for

demolition or disposition in accordance with 24 CFR part 905, subpart

M.

FOR FURTHER INFORMATION CONTACT: Applicants may contact the appropriate

FONAP for further information. Refer to Appendix 1, for a complete list

of FONAPs and telephone numbers.

SUPPLEMENTARY INFORMATION:

Paperwork Reduction Act Statement

In accordance with the Paperwork Reduction Act of 1980 (44 U. S. C.

3501-3520), the information collection requirements contained in these

application procedures for development funds were reviewed by the

Office of Management and Budget and assigned OMB control number 2577-

0030.

Changes From FY 1994 NOFA

The Indian Housing Development NOFA for FY 1995 is essentially the

same document published for the FY 1994 funding cycle with the

following substantive changes:

A. Revised program administration criterion. The rating factor for

current IHA development pipeline activity has been modified to allow

field offices to consider all facilities development, renovation, and/

or maintenance activities of an IHA.

B. Regional variations in maximum points available for rating

factors. Previous Indian Housing Development NOFAs established a

national standard for points to be awarded for each rating factor. To

address differences in circumstances in each of the field office

jurisdictions, the FY 1995 NOFA includes variations, by FONAP

jurisdiction, in the points to be awarded for each rating factor.

C. Regional variations in the maximum unit award table. Previous

Indian Housing Development NOFAs established a national standard for

the maximum number of units to be awarded for each approved

application. To address differences in circumstances in each of the

FONAP jurisdictions, the FY 1995 NOFA includes variations, by FONAP

jurisdiction, in the maximum units award table.

D. Bonus rating factor. A new factor has been added to the rating

criteria which provides up to 5 points for project pre-planning,

economical selection of housing sites, and/or innovative approaches to

development or financing.

I. New Development

A. Authority

1. Statutory Authority. Sections 5 and 6, U.S. Housing Act of 1937

(42 U.S.C. 1437c, 1437d), as amended; U.S. Department of Housing and

Urban Development and Independent Agencies Appropriations Act for

Fiscal Year 1995; Section 23 U.S. Housing Act of 1937, as added by

section 554, Cranston-Gonzalez National Affordable Housing Act; section

7(d), Department of Housing and Urban Development Act (42 U.S.C.

3535(d).

2. Indian Housing Regulations. Indian Housing Development

regulations are published at 24 CFR part 905.

3. 24 CFR Part 135. Economic Opportunities for Low and Very Low

Income Persons. All applicants are herein notified that the provisions

of section 3 of the Housing and Urban Development Act of 1968, as

amended, and the regulations in 24 CFR part 135 are applicable to

funding awards made under this NOFA. One of the purposes of the

assistance is to give to the greatest extent feasible, and consistent

with existing Federal, State, and local laws and regulations, job

training, employment, contracting and other economic opportunities to

section 3 residents and section 3 business concerns. IHAs and tribes

that receive HUD assistance described in this part shall comply with

the procedures and requirements of this part to the maximum extent

consistent with, but not in derogation of, compliance with section 7(b)

of the Indian Self-Determination and Education Assistance Act (25

U.S.C. 450e(b).

B. Development Allocation Amount

The FY 1995 VA-HUD Appropriations Act (Public Law 103-327) made

available $282,000,000 of budget authority for the Indian Housing

Development program (new Indian Housing units). Since some of the

appropriated funds are to be derived from the recapture of prior year

obligations and anticipated carryover funds, the actual amount

available may be less.

Each of the FONAP jurisdictions has been designated as the smallest

practical area for the allocation of assistance. Funds available for

new units will be assigned to the FONAPs consistent with 24 CFR

791.403.

Up to $20,000,000 of the available Indian Housing Development funds

will be made available by the Department in order to provide funds

needed to replace units approved for demolition/disposition. Any

portion of the $20,000,000 that is not designated for demolition/

disposition replacements by July 1, 1995, as well as any amounts of

actual recaptures that are realized and reallotted to the program, will

be made available to the six FONAPs on the same basis as the amounts

allocated for new units.

The competitive process described in this NOFA will be used to

select IHA applications to be funded for new Indian Housing units.

Departmental compliance with the metropolitan/non-metropolitan

provisions of section 213(d) of the Housing and Community Development

Act of 1974 may require the selection of lower rated metropolitan

applications over higher rated non-metropolitan applications. The table

below indicates the percentage of grant authority available for new

units in FY 1995 for the six FONAPs, inclusive of funds needed to meet

off-site sewer and water requirements.

[[Page 4331]]

------------------------------------------------------------------------

Percentage

FONAP location of total

funds

------------------------------------------------------------------------

Eastern/Woodlands......................................... 14.0547

Southern Plains........................................... 14.7517

Northern Plains........................................... 11.4959

Southwest................................................. 31.0788

Northwest................................................. 09.0740

Alaska.................................................... 19.5449

Total................................................. 100

------------------------------------------------------------------------

C. Eligibility for New Housing Units

All IHAs which have not been determined to be administratively

incapable in accordance with 24 CFR 905.135, have been organized in

accordance with 24 CFR 905.125 and 905.126, and have the required

tribal and/or local cooperation agreements as required by the U.S.

Housing Act of 1937, as amended, are invited to submit applications for

new Indian Housing units.

All IHAs that have developments assisted under the U.S. Housing Act

of 1937, as amended, and meet the requirements of 24 CFR part 905

subpart M, may apply for funds for demolition or disposition, whether

eligible for new units or not.

D. Development Award Application Process

1. Application Due Date. An IHA may submit an application(s) for a

project at any time after the publication date of this NOFA, to the

FONAP having jurisdiction over the IHA applicant on or before 3:00

p.m., FONAP local time, March 6, 1995 for new Indian Housing units. The

application(s) shall be submitted on Form HUD-52730 and shall be

accompanied by all the legal and administrative attachments required by

the form and the items specified in Appendix 2. A facsimile of the

application will not constitute physical delivery.

The application deadline is firm as to date and hour. HUD will

treat as ineligible for consideration any application that is received

after the application deadline. Applicants should make early submission

of their materials to avoid any risk of loss of eligibility brought

about by unanticipated delays or other delivery related problems.

2. Application Kit. Application Kit and applicable forms may be

obtained from any FONAP listed in Appendix 1.

3. Submittal of Complete Application. Completed applications must

be submitted to the FONAP having jurisdiction over the IHA applicant at

the address/location listed in Appendix 1.

4. Action on Application. When the application is received by HUD,

HUD will provide written notification to the IHA showing the date and

time the application was received in the FONAP. The FONAP will begin

review of the application within 14 calendar days after the application

deadline. The application must be complete and must demonstrate legal

sufficiency and the IHA must not have been disqualified for funding of

new projects, as determined in accordance with 905.135. If it is

evident that any application fails to satisfy these technical

requirements, the FONAP will immediately return the application and

will identify, in writing, the deficiencies. The IHA will be allowed to

cure minor technical deficiencies within 14 calendar days of written

notification by the FONAP. All responses must be in writing and

received within 14 calendar days of the date HUD issues a written

notification of deficiency. Under no circumstances may an applicant

submit information which would affect the rating of the application

after the original due date for application submission.

E. Ranking Factors and Selection Criteria

1. Rating and Ranking. Rating and ranking of applications from IHAs

for new Indian Housing units will be done in accordance with 24 CFR

905.220. Applications from new IHAs, or, in the case of an umbrella IHA

that has added a new tribe, the application from the new tribe, will

receive 100 points. If an IHA that serves more than one tribal

government, or, in the case of Alaska, more than one village, submits

applications for housing units in several of the communities, each

application will be treated separately, for purposes of the number of

points awarded. Newly created IHAs for tribes which have previously

received housing units under an umbrella IHA shall not be awarded 100

points but scored as an established IHA.

For each FONAP jurisdiction, the rankings will be based on awarding

points to each application for the following categories in accordance

with the table of maximum points available per category by FONAP

jurisdictional area (see g. below):

a. The relative unmet IHA need for housing units compared to the

other eligible applications for that program type (i.e., low rent (LR)

or mutual help (MH), based on IHA waiting lists and the total number of

units in management and in the development pipeline. There should be a

separate waiting list for each program type. This need will be measured

for each program type by dividing the number of families on the waiting

list, by the IHA's total number of units in management and under

development. If the result of this division is greater than 1.00, the

maximum points for this category shall be awarded. Otherwise, the

result of this division shall be multiplied by the maximum possible

points available. If the IHA has 500 or more families on the waiting

list, it is awarded the maximum points available for the category.

b. The relative IHA occupancy rate compared to the occupancy rates

of other eligible IHA applications for that program type. The occupancy

rate for an IHA shall be derived from the most recent data entered in

the HUD Management Information Retrieval System (MIRS) national data

base, which reports total units available and total units occupied

based on information supplied by IHAs on forms submitted periodically

to HUD. For all IHA projects in management, the total number of units

occupied is divided by the total number of units available, multiplied

by 100. This occupancy rate for an IHA will then be divided by the

highest occupancy rate of any IHA (never to exceed 97%, in any event),

and this ratio shall be multiplied by the maximum points available for

the category to calculate an IHA's points for this category. An

existing IHA that is applying for a previously unfunded program type

will be awarded a score equal to the highest rated score for this

factor in the FONAP jurisdiction competition. A newly created IHA for a

tribe which previously received housing units under an Umbrella IHA

shall be awarded a score based on the units within such tribe's

jurisdiction whether or not such units have been transferred to the

newly created IHA.

c. Length of time since the last Program Reservation date. The

number of days from January 1, 1995 to the date of the last Program

Reservation for an IHA shall be divided by the longest time, in number

of days, since the last Program Reservation for any IHA. This ratio

shall be multiplied by the maximum points available for the category to

calculate an IHA's points for this category. A newly created IHA for a

tribe which previously received housing units under an Umbrella IHA

shall be awarded a score based on the last Program Reservation for

units within such tribe's jurisdiction. Units received for demolition

or disposition purposes will not be counted for rating and ranking

purposes for new Indian Housing units in FY 1995.

d. Current IHA development and physical improvements activity. This

factor evaluates the IHA's performance during the past 24 months in

developing new housing or maintaining/improving current housing. The

FONAP will [[Page 4332]] evaluate the IHA's performance in these areas

and will award points based upon but not limited to:

(1) Submittal of approvable Development Programs within the time

frames prescribed in the IHA's planning schedules;

(2) Construction start within 30 months of Program Reservation, not

including time under statutory exclusion;

(3) Submittal of Actual Development Cost Certificates within 24

months after the Date of Full Availability;

(4) Compliance with CompGrant/modernization implementation

schedules;

(5) Effectiveness of maintenance policies and procedures in

protecting physical assets of the IHA;

(6) Effectiveness of the IHA's development and physical

improvements contract administration.

The FONAP will prepare written support for the number of points

awarded which will be available to the IHA upon request. The FONAP

shall take into consideration any unforeseen events such as natural

disasters or other factors that may have precluded the IHA from meeting

the criteria for this factor. The maximum points available for this

category are listed in the table under g. below. A newly created IHA

for a tribe which previously received housing units under an Umbrella

IHA shall be awarded a score based on the IHA's plan for developing and

maintaining the units.

e. A bonus of up to 5 points will be awarded to any application

where the applicant clearly demonstrates:

(1) Pre-planning of site selection and coordination with other

funding agencies, utility companies, and tribal departments, or

(2) That the applicant has identified and selected sites for the

development which result in savings of not less than 5 percent of the

proposed development cost from using existing utility systems, pre-

developed subdivision sites, or other items documented by the

applicant.

(3) Innovative approaches to development or financing which will

significantly reduce the delivery time of housing or expand the number

of houses developed without reducing quality.

f. Computation. Scores for ranking shall be carried out to two

decimal places (xx.xx).

g. Points available for each rating category. The following table

reflects the maximum points available for each category for each of the

FONAP jurisdictional areas:

Points Awarded for Rating Factors

------------------------------------------------------------------------

(b) (d)

(a) Need Occupancy (c) Time Workload

------------------------------------------------------------------------

Eastern/Woodlands........... 30 30 20 20

Southern Plains............. 35 10 25 30

Northern Plains............. 30 20 20 30

Southwest................... 40 20 20 20

Northwest................... 10 10 20 60

Alaska...................... 40 20 20 20

------------------------------------------------------------------------

2. Selection Criteria.

a. The ranking process will produce an ordered list of IHA

applications by FONAP jurisdiction that may receive funding. The order

is established by the total number of points the application received

in the rating process. If any funds remain after the initial funding

cycle within the FONAP jurisdiction, the funds will be provided to more

fully fund applications that were reduced due to the Maximum Units

Award table shown in paragraph b below.

b. The number of units awarded shall be based upon the following

table to ensure a more equitable distribution and meaningful

competition based on need. Exceptions to the maximum number of units

awarded based on the table shall be made and approved by the FONAP

Administrator upon proper justification. Examples of justifications for

varying from the table include equalization of units awarded to IHAs

with similar scores or adjustments to assure the award of reasonably

sized projects to all IHAs above a minimum score determined by the

FONAP.

----------------------------------------------------------------------------------------------------------------

Total of all units IHA requested in Eastern/ Southern Northern

application(s) by program type Woodlands Plains Plains Southwest Northwest Alaska

----------------------------------------------------------------------------------------------------------------

1,000 and above............................. 300 300 100 240 300 300

750 to 999.................................. 200 200 90 160 200 200

500 to 749.................................. 150 150 80 120 100 150

400 to 499.................................. 100 100 70 80 80 100

300 to 399.................................. 80 80 60 64 60 80

200 to 299.................................. 60 60 50 48 40 60

199 and fewer............................... 40 40 40 32 20 40

----------------------------------------------------------------------------------------------------------------

If an IHA that serves more than one tribal government, or in the

case of Alaska, more than one village, submits applications for housing

units in several of the communities, each application will be treated

separately, for purposes of the number of units awarded.

c. Tie breaker. In the case of ties, priority will be given to the

application that has the highest ratio of units to: (1) Pre-approved

sites, and, if there is still a tie: (2) BIA approved leases for the

proposed project site(s).

3. Replacement Housing. IHA applications for demolition or

disposition may require a commitment for replacement housing units on a

one for one replacement to comply with requirements of Section 18 of

the U.S. Housing Act, as amended. IHAs are to process requests for

demolition or disposition in accordance with 24 CFR part 905, subpart

M. [[Page 4333]]

II. Other Matters

A. HUD Reform Act

1. Required Disclosures by Applicants

a. Disclosures. All applicants are required to disclose information

with respect to any additional funds that can reasonably be expected to

be received by them as assistance in excess of $200,000 (in the

aggregate) during the Fiscal Year that will be related to the project.

Disclosure must be made relative to any related assistance from the

Federal instrumentalities (other than HUD), a state, or a unit of

general local government that is expected to be made available with

respect to the project for which the applicant is seeking assistance.

The assistance shall include but not be limited to any loan, grant,

guarantee, insurance, payment, rebate, subsidy, credit, tax benefit, or

any other form of direct or indirect assistance.

b. Updates. The IHA applicant shall update this disclosure within

30 days of any substantial change. This update is required during the

period when an application is pending or assistance is being provided.

2. Prohibited Disclosures by HUD Employees

HUD's regulation implementing section 103 of the Department of

Housing and Urban Development Reform Act of 1989 was published May 13,

1991 (56 FR 22088) and became effective on June 12, 1991. That

regulation, codified as 24 CFR part 4, applies to this funding

competition. The requirements of the rule continue to apply until the

selection of successful applicants. HUD employees involved in the

review of applications and in the making of funding decisions are

restrained by part 4 from providing advance information to any person

(other than an authorized employee of HUD) concerning funding

decisions, or from otherwise giving any applicant an unfair competitive

advantage. Persons who apply for assistance in this competition should

confine their inquiries to the subject areas permitted under 24 CFR

Part 4.

Applicants who have questions should contact the HUD Office of

Ethics (202) 708-3815. (This is not a toll-free number). The Office of

Ethics can provide information of a general nature to HUD employees, as

well. However, a HUD employee who has specific program questions, such

as whether particular subject matter can be discussed with persons

outside the Department, should contact his or her FONAP counsel, or

headquarters counsel for the Indian Housing Development program.

B. Lobbying

Section 319 of the Department of the Interior and Related Agencies

Appropriations Act hereafter referred to as the ``Byrd amendment,''

prohibits grantees from using any federally appropriated funds to

influence federal employees, members of Congress, and congressional

staff regarding specific grants or contracts. The Department has

determined that the requirements of the Byrd amendment do not apply to

IHAs established by a tribal government exercising its sovereign powers

with respect to expenditures specifically permitted by other Federal

law. The Byrd amendment requires all IHAs established under state law

to submit the following documents for applications for grants exceeding

$100,000.

1. Certification. A certification that no federal appropriated

funds will be used for lobbying purposes. The certification shall be

submitted on the Form entitled ``Certification for Contracts, Grants,

Loans and Cooperative Agreements''.

2. Disclosure Document. A document disclosing any lobbying

activities (on Standard Form--LLL, ``Disclosure of Lobbying

Activities'') where any funds other than federally appropriated funds

will be or have been used to influence federal employees, members of

Congress, and congressional staff regarding specific grants or

contracts.

C. Conversions

During the first 24 months after Program Reservation, project

conversion between program type (LR or MH) may only be considered

where:

1. An IHA submitted projects for mutual help (MH) and low rent

(LR), each scored high enough to be funded, and the IHA has the waiting

list to support the conversion, or

2. If only one application was submitted and approved, the

application upon re-ranking in the other program has to score at least

0.01 higher than the number of points achieved by the highest rated

application from any IHA which was not funded. If neither circumstance

exists, the request to convert will not be approved.

D. Errors in Ranking and Rating Fiscal Year 1994

1. Errors made by a FONAP during the 1994 fiscal year rating and

ranking that resulted in a change of rank order detrimental to an IHA

may be corrected as follows:

a. The FONAP will construct a hypothetical distribution that would

have existed if the error had not been made, and

b. The FONAP will determine what the unit award/funding would have

been for the IHA subject to the funds that were available at the time.

2. Remedial action will be taken for errors made by a FONAP as

follows:

a. The FONAP will deduct any funds needed from the FY 1995 fair

share assigned to that FONAP before any FY 1995 rating and rankings are

completed.

b. A correction of an error for an IHA will not adversely affect

the IHA participation on the FY 1995 rating and ranking process. The

IHA's application will be rated and ranked on the same basis as other

applications and as if no error was made.

E. Environment

A Finding of No Significant Impact with respect to the environment

has been made in accordance with HUD regulations that implement section

102(2)(C) of the National Environmental Policy Act of 1969 (42 U. S. C.

4332). The Finding of No Significant Impact is available for public

inspection during business hours in the Office of the Rules Docket

Clerk, Office of General Counsel, room 10276, Department of Housing and

Urban Development, 451 Seventh Street, S.W. Washington, D.C. 20410.

F. Other Federal Requirements

In order to be eligible for funding, activities must be in

compliance with Section 504 of the Rehabilitation Act of 1973 and

implementing regulations at 24 CFR 8 and the Americans with

Disabilities Act of 1990 (ADA) and implementing regulations for Title

II of the ADA issued by the Department of Justice at 28 CFR 35.

Dated: December 14, 1994.

Michael B. Janis,

General Deputy Assistant Secretary for Public and Indian Housing.

[[Page 4334]]

Appendix 1.--Listing of Field Offices of Native American Programs

------------------------------------------------------------------------

IHAs located ONAP address

------------------------------------------------------------------------

East of the Mississippi Eastern/Woodlands Office of Native American

River (including all of Programs, 5P, Metcalfe Federal Building, 77

Minnesota) and Iowa. West Jackson Boulevard, Chicago, Illinois

60604-3507, (312) 353-1282 or (800) 735-

3239, TDD Numbers: 1-800-927-9275 or 312-886-

3741.

Louisiana, Missouri, Southern Plains Office of Native American

Kansas, Oklahoma, and Programs, 6.IPI, Murrah Federal Building,

Texas except for Isleta 200 NW 5th Street, Oklahoma City, Oklahoma

del Sur. 73102-3202, (405) 231-4101, TDD Numbers: 405-

231-4181 or 405-231-4891.

Colorado, Montana, Northern Plains Office of Native American

Nebraska, North Dakota, Programs, 8P, First Interstate Tower North,

South Dakota, and 633 17th Street, Denver, Colorado 80202-

Wyoming. 3607, (303) 672-5462, TDD Number: 303-844-

6158.

Arizona, California, New Southwest Office of Native American Programs,

Mexico, Nevada, and 9EPID, Two Arizona Center, 400 North Fifth

Isleta del Sur in Texas. Street, Suite 1650, Phoenix, Arizona 85004-

2361, (602) 379-4156, TDD Number: 602-379-

4461;

or

Albuquerque Division of Native American

Programs, 9EPIDI Albuquerque Plaza, 201 3rd

Street, NW, Suite 1830, Albuquerque, New

Mexico 87102-3368, (505) 766-1372, TDD

Number: None.

Idaho, Oregon, and Northwest Office of Native American Programs,

Washington. 10PI, 909 First Avenue, Suite 300, Seattle,

Washington 98104-1000, (206) 220-5270, TDD

Number: (206) 220-5185.

Alaska................... Alaska Office of Native American Programs,

10.1PI, 949 East 36th Avenue, Suite 401,

Anchorage, Alaska 99508-4399, (907) 271-

4633, TDD Number: (907) 271-4328.

------------------------------------------------------------------------

Apendix 2

New Indian Housing Development Application Submission Checklist.

Note: Certain submission requirements listed on the following

checklist are included on the application form HUD-52730. It is the

responsibility of the IHA to assure that all submission requirements of

the checklist are met whether through the application form or by

separate submittal:

1. Application Form HUD-52730:

________ Complete application on Form HUD-52730 (5/94).

________ Attach all exhibits and tables as required.

2. IHA Resolution(s): each application must be accompanied by an

IHA Resolution which contains the following:

________ A statement that authorizes the submission of the

application for units.

________ A statement explaining how solid waste disposal for the

proposed development will be addressed.

________ A statement regarding the planned access to public utility

services and a listing of any official commitment(s) for these utility

services for the development.

________ The IHA Resolution must advise HUD of any persons with a

pecuniary interest in the proposed development. Persons with a

pecuniary interest in the development shall include but not be limited

to any developers, contractors, and consultants involved in the

application, planning, construction, or implementation of the

development. (During the period when an application is pending or

assistance is being provided, the applicant shall update the disclosure

required within thirty days of any substantial change.)

3. Certifications: Each application must contain the following

certifications provided by the Executive Director on IHA letterhead, in

addition to the certifications included on Form HUD-52730 (5/94).

________ Certification Regarding Drug-Free Workplace Requirements

as directed by 24 CFR 24.630(b).

________ Certification that the IHA has complied with all

requirements of 24 CFR Part 135, which implements Section 3 of the HUD

Act of 1968, as amended.

4. Letters: Each IHA application must be accompanied by a letter of

support signed by the CEO of the general local government indicating:

________ Support for the proposed application and development.

________ Support for the IHA's intent to apply for planning funds

for the development.

________ Where applicable, assurance to HUD that access road needs

will be identified by Tribal Resolution (with BIA concurrence) and

entered on the BIA Indian Reservation Roads prioritization schedule

used by BIA for resource allocation(25 CFR part 170: 57 BIAM 4 and

Supplement 4; and 24 CFR part 905 B, appendix I, item 6).

________ Acknowledgement that there is a need for the housing

assistance applied for that is not being met by private enterprise.

________ Assurance that there are, or will be available, public

facilities and services adequate to serve the proposed housing. (If

available, Tribal support is evidenced by attached letters from various

organizations that will provide utilities and services to the proposed

housing units.)

5. Supporting Documentation: Each application must be accompanied

by the following supporting documentation:

________ Disclosure of additional assistance from other sources

that will be used in association with the project for which the

applicant is seeking assistance.

________ Statement specifying the number of eligible applicant

families by program type (LR or MH). The statement must be supported by

a sufficient number of current applications from eligible families

maintained by the IHA.

________ Identify sites proposed for Mutual Help development in the

application in accordance with 905.230, 905.245, and 905.407.

6. Items That Should be Submitted, If Not Previously Submitted:

________ Certified Copy of the Transcript of Proceedings containing

the IHA Resolution pursuant to which the Application is being made.

________ IHA Organization Transcript or General Certificate.

________ Tribal Ordinance

________ Cooperation Agreements. Where the provisions of the

necessary local government cooperation are not contained in the

ordinance or other enactment creating the IHA, the IHA shall submit an

executed cooperation agreement (or copy of an existing one) for the

location involved, which is sufficient to cover the number of units in

the application.

7. Optional Items: [[Page 4335]]

________ Preliminary Site Reports indicating pre-approved sites,

and BIA approved leases for the proposed project site(s), if any.

8. Force Account. To enable the Field Office of Native American

Programs to make an initial determination of the viability of the

proposal, there are additional submission requirements for the

application, including:

________ IHA justification for HUD approval of the force account

method, pursuant to 24 CFR 905.215(a)(6).

________ IHA or Tribal resolution agreeing to cover any costs in

excess of the HUD-approved estimated construction cost.

________ Evidence that either the IHA or Tribe has the resources to

cover such excess costs.

________ An action plan as outlined in HUD Handbook 7450.01 REV-1,

Chapter 14, paragraph 14-5.

[FR Doc. 95-1416 Filed 1-19-95; 8:45 am]

BILLING CODE 4210-33-P