Office of the Assistant Secretary for Public and Indian Housing; NOFA for the Traditional Indian Housing Development Program for Fiscal Year 1996

SUMMARY: This notice announces the availability of approximately

$160,000,000 in Fiscal Year (FY) 1996 funding 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 950.135, are

invited to submit applications for Indian Housing developments in

accordance with the requirements of this NOFA.

Note: The Congress has not yet enacted a U.S. Department of

Housing and Urban Development and Independent Agencies

Appropriations Act for Fiscal Year 1996. However, HUD is publishing

this notice in order to give potential applicants adequate time to

prepare applications. The estimate of the amount of funds available

for this program is based on the anticipated level of funding for FY

1996. HUD is not bound by the estimate set forth in this notice.

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

Native American Programs (ONAP), within whose jurisdiction the

applicant is located, on or before 3:00 p.m., ONAP local time, April

13, 1996. 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 950, subpart M.

FOR FURTHER INFORMATION CONTACT: Applicants may contact the appropriate

area ONAP for further information. Refer to Appendix 1, for a complete

list of ONAPs and telephone numbers.

SUPPLEMENTARY INFORMATION:

Background Information

Paperwork Reduction Act Statement

In accordance with the Paperwork Reduction Act of 1995 (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-

0130. An agency may not conduct or sponsor, and a person is not

required to respond to, a collection of information unless the

collection displays a valid control number.

Changes from FY 1995 NOFA

The Indian Housing Development NOFA for FY 1996 is essentially the

same document published for the FY 1995 funding cycle with the

following substantive changes:

A. Funding for replacement units. In prior year NOFAs, funding to

replace units approved for demolition/disposition was set aside from

the national allocation of new Indian Housing Development funds. Under

this NOFA, funds are being withheld sufficient to fund replacement of

units approved for demolition/disposition prior to FY 1996. For units

approved for demolition/disposition in FY 1996, replacement housing may

be funded by each area ONAP utilizing funds assigned to the area ONAP

for new Indian Housing units.

B. IHAs impacted by the rescission of new Indian Housing

Development funds in FY 1995. IHAs that lost units/funds due to the

rescission of new Indian Housing Development funds in FY 1995 who are

eligible to submit applications for funding in FY 1996 may submit an

additional application(s) to replace the lost units/funds. An

additional rating factor has been added which is applicable for those

IHA's which lost funds/units due to the rescission.

C. Special provisions for state created IHAs for non-Federally

recognized tribes. Application requirements applicable to state created

IHAs for non-Federally recognized tribes have been included to

highlight the corresponding regulatory requirement at 24 CFR

950.225(a)(3).

D. Treatment of minor technical deficiencies. To reduce workload

requirements for IHAs, ONAPs will not request correction of minor

technical deficiencies in applications until after completion of the

rating and ranking. Only IHAs within a reasonable funding range will be

requested to correct minor technical deficiencies.

E. Rating criterion for length of time since the last new Indian

Housing Development grant award. This rating criterion has been

simplified to provide each application with two points per year for

each year since the last grant award through FY 1994.

F. Limit on awards to new IHAs. To assist new IHAs in establishing

administration without overtaxing the organization, new IHAs are

limited to submitting one application, either for mutual help or low

rent units for a maximum of 15 units.

G. Submission of cooperation agreements. To avoid unnecessary work

for IHAs that do not rank within the funding range, the timing of the

submission of cooperation agreements is changed to after funding

decisions are made. Where required, valid cooperation agreement(s) must

be submitted to the area ONAP before an Annual Contributions Contract

is executed and a Development Cost Budget is approved which exceed the

requirements for planning funds as specified at 24 CFR 950.229(a)(1).

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; Section 23

U.S. Housing Act of 1937, as amended 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 950.

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 Indian Housing Development

funds for FY 1996 total approximately $160,000,000.

Note: The Congress has not yet enacted a U.S. Department of

Housing and Urban Development and Independent Agencies

Appropriations Act for Fiscal Year 1996. However, HUD is publishing

this notice in order to give potential applicants adequate time to

prepare applications. The estimate of the amount of funds available

for this program is based on the anticipated level of

[[Page 14219]]

funding for FY 1996. HUD is not bound by the estimate set forth in

this notice.

Each of the ONAP jurisdictions has been designated as the smallest

practical area for the allocation of assistance. Funds available for

new units will be assigned to the ONAPs consistent with 24 CFR 791.403.

Up to $2,971,674 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 in FY 1995

or prior years. Any portion of the $2,971,674 withheld for pre-FY 1996

replacement units that is not designated for demolition/disposition

replacements by July 1, 1996, as well as any amounts of actual

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

made available to the six ONAPs on the same basis as the amounts

allocated for new units.

Replacement units for demolition/disposition approved in FY 1996

may be funded from assignments for new Indian Housing units provided to

the area ONAP within whose jurisdiction such Indian housing authority

resides. Funding of replacement units is not subject to the competition

announced by this NOFA.

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. Based

upon an assumed appropriation of $160,000,000, the table below

indicates the grant authority available for new units in FY 1996 for

the six ONAPs, inclusive of funds needed to meet off-site sewer and

water requirements.

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

ONAP location Funds assigned

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

Eastern/Woodlands.................................... $22,069,860

Southern Plains...................................... 23,164,348

Northern Plains...................................... 18,051,820

Southwest............................................ 48,802,519

Northwest............................................ 14,248,750

Alaska............................................... 30,691,029

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

Total.......................................... 157,028,326

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

C. Eligibility for New Housing Units. 1. Eligible applicants. All

IHAs which meet the eligibility criteria specified at 24 CFR 950.207

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 950 subpart

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

for new units or not. Such applications are not limited to the

application due date specified in this NOFA.

2. Applications. IHAs may submit one application per program type

(mutual help and low rent). Umbrella IHAs may submit one application

per program type for each member tribe. An umbrella IHA is one that

serves two or more Federally recognized tribes or Alaska native

villages. New IHAs or existing umbrella IHAs with new, previously

unserviced member tribes may submit one application for a maximum of 15

units (either mutual help or low rent).

3. Impact of funds rescinded in FY 1995. IHAs which lost funds/

units as a result of the Emergency Supplemental Appropriations for

Additional Disaster Assistance, Anti-Terrorism Initiatives, for

Assistance in the Recovery From the Tragedy That Occurred at Oklahoma

City, and Rescissions Act, 1995, (Pub. L. 104-19, approved July 27,

1995) may submit an application (or one per program type, if

appropriate) in addition to the applications allowed under paragraph 2

above if the funds rescinded were equal to or greater than 80 percent

of the cost of a typical 3 bedroom unit as specified in Notice PIH 95-

46 (HUD) for the IHA's total development cost area(s). Umbrella IHAs

may submit an application (or one per program type, if appropriate) for

each member tribe impacted by the FY 1995 rescission. Project

terminations and funding reductions in FY 1995 for projects that failed

to reach construction start within 30 months after initial grant

approval (see 24 CFR 950.210(c)) will not be considered for funding

under the provisions of this paragraph. Funds requested for

applications under this category will be adjusted to the amount

required to fund the number of units nearest the amount rescinded.

4. State created IHAs for non-Federally recognized tribes. To be

considered responsive to this NOFA and to be included in the rating and

ranking of applications, state created IHAs for non-Federally

recognized tribes must identify the general locality where the proposed

units will be developed and certify that the proposed area of

development is within the area of operation of the IHA. Area of

operation is defined as a land area with defined geographical

boundaries, which has a significant concentration of Indian families

who are:

(i) Not eligible to be served by a public housing authority or

other tribally created IHA; and

(ii) Have a bona fide historic presence or connection with the

land, as recognized by the Federal Government or a state.

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 ONAP having jurisdiction over the

IHA applicant on or before 3:00 p.m., ONAP local time, May 13, 1996,

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. An application kit and applicable forms may be

obtained from any ONAP listed in Appendix 1.

3. Submittal of Complete Application. Completed applications must

be submitted to the ONAP, within whose jurisdiction the IHA applicant

is located, at the address/location listed in Appendix 1.

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

a written notification will be provided to the IHA showing the date and

time the application was received in the ONAP. The ONAP will review

each application for completeness and legal sufficiency. Applications

that contain insufficient information to allow the ONAP to rate and

rank the application will be considered non-responsive and will be

returned to the IHA. After completion of this review, the ONAP will

rate and rank all remaining applications received from eligible

applicants. The ranking will result in an ordered listing of applicants

(see E.2. below). After completion of the rating and ranking, the ONAP

may request, in writing, items missing from responsive applications

from applicants who appear to be within 110 percent of the funding

range. IHAs notified to provide information missing from the

application have 14 days from the date of such notification to submit

such information to the ONAP before the application is considered non-

responsive and is removed from funding consideration.

E. Rating Factors and Selection Criteria. 1. Rating and Ranking.

Rating

[[Page 14220]]

and ranking of applications from IHAs for new Indian Housing units will

be done in accordance with 24 CFR 950.225. 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

utilizing the best available data relevant to the tribe's housing

program. For each ONAP 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

ONAP jurisdictional area (see h. 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. If

questions arise regarding the veracity of information on a waiting

list, an ONAP may request an applicant to submit documentation

supporting waiting list numbers, or may visit the IHA and review

documentation maintained by the IHA.

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 ONAP 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 new Indian Housing Development

grant was approved. Two points will be awarded for each year since the

last grant award up to and including FY 1994, up to the maximum points

available under 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 new Indian Housing Development grant

approved 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 1996.

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

ONAP will evaluate the IHA's performance in these areas and will award

points based upon but not limited to:

(1) Compliance with the requirements specified under 24 CFR

950.207(b);

(2) Compliance with CompGrant/modernization implementation

schedules;

(3) Effectiveness of maintenance policies and procedures in

protecting physical assets of the IHA;

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

improvements contract administration.

The ONAP will prepare written support for the number of points

awarded which will be available to the IHA upon request. The ONAP 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 h. 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. IHAs impacted by the FY 1995 rescission. Each application

submitted under the provisions of I.C.3. of this part shall be awarded

35 points.

f. 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.

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

decimal places (xx.xx).

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

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

ONAP jurisdictional areas:

[[Page 14221]]

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

Points awarded for rating factors

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

(a) Need (b) Occupancy (c) Time (d) Workoad

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

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 ONAP 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 ONAP 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 ONAP

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

ONAP.

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

Eastern/ Southern Northern

Waiting list by program type Woodlands Plains Plains Southwest Northwest Alaska

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

1,000 and above................... 200 300 20 240 35 300

750 to 999........................ 150 200 20 160 30 200

500 to 749........................ 100 150 20 120 25 150

400 to 499........................ 60 100 20 80 20 100

300 to 399........................ 50 80 20 60 15 80

200 to 299........................ 40 60 20 40 10 60

199 and fewer..................... 25 40 20 25 5 20

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

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

application that has the highest scoring under the Current IHA

development and physical improvements activity rating criterion

(I.E.1.d.).

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.

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, codified as 24 CFR part 4, applies to

the funding competition announced today. The requirements of the rule

continue to apply until the announcement of the selection of successful

applicants. HUD employees involved in the review of applications and in

the making of funding decisions are limited 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 or employees who have ethics related questions should

contact the HUD Office of Ethics (202) 708-3815. (This is not a toll-

free number.) For HUD employees who have specific program questions,

such as whether particular subject matter can be discussed with persons

outside HUD, the employee should contact the appropriate Field Office

Counsel, or Headquarters counsel for the program to which the question

pertains.

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 federally appropriated

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

submitted on the Form entitled ``Certification for

[[Page 14222]]

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 1995. 1. Errors made by

an ONAP during the 1995 fiscal year rating and ranking that resulted in

a change of rank order detrimental to an IHA may be corrected as

follows:

a. The ONAP will construct a hypothetical distribution that would

have existed if the error had not been made, and

b. The ONAP 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 an ONAP as

follows:

a. The ONAP will deduct any funds needed from the FY 1996 fair

share assigned to that ONAP before any FY 1996 rating and rankings are

completed.

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

the IHA participation in the FY 1996 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. For individual development projects, the IHA

must comply with the environmental review procedures in 24 CFR part 58,

including the limitation in section 58.22 on committing or expending

funds before environmental clearance, in accordance with 24 CFR

950.247.

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 part

35.

Dated: March 22, 1996.

Michael B. Janis,

General Deputy Assistant Secretary for Public and Indian Housing.

Appendix 1

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

Tribes & IHAs location ONAP addresses

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

East of the Mississippi River Eastern/Woodlands Office of

(including all of Minnesota) and Iowa: Native American Programs, 5P,

Mohammed Rahmah Metcalfe Federal Building, 77

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, Kansas, Oklahoma, Southern Plains Office of

and Texas except for Isleta del Sur: Native American Programs,

Sherri Hunt. 6.IPI 500 W. Main, Suite 400,

Oklahoma City, Oklahoma 73102,

(405) 553-7428, TDD Numbers:

(405) 231-4181 or (405) 231-

4891.

Colorado, Montana, Nebraska, North Northern Plains Office of

Dakota, South Dakota and Wyoming: Ann Native American Programs, 8P,

Roman. First Interstate Tower North,

633 17th Street, Denver, Co

80202-3607, (303) 672-5462,

TDD Number: (303) 672-5248.

Arizona, California, and Nevada: John Southwest Office of Native

Cata. American Programs, 9EPID, Two

Arizona Center, 400 North

Fifth Street, Suite 1650,

Phoenix, Arizona 85004-2361,

(602) 379-4156, TDD Number:

(602) 379-4461 or

New Mexico and Isleta del Sur in Texas: Albuquerque Division of Native

Sharon Booth. American Programs, 9EPIDI,

Albuquerque Plaza, 201 3rd

Street, N.W. Suite 1830,

Albuquerque, New Mexico 87102-

3368, (505) 766-1372, TDD

Number: None.

Idaho, Oregon and Washington: Dan Gough Northwest Office of Native

American Programs, 10PI, 909

First Avenue, Suite 300,

Seattle, Washington 98104-

1000, (206) 220-5270, TDD

Number: (206) 220-5185.

Alaska: Donna Hartley.................. 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.

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

Appendix 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.

[[Page 14223]]

--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).

--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.

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.

7. Optional Items:

--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 is required to execute a

cooperation agreement(s) for the location involved, which is

sufficient to cover the number of units in the application. The

cooperation agreement may be submitted with the application but

shall be submitted before HUD may enter into an Annual Contributions

Contract (or amendment thereto) for funds in excess of planning

needs of the project.

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 950.215(b).

--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. (The Handbook has been rescinded; however, it

continues to be used as guidance.)

9. Special submittal requirements for state created IHAs for

non-Federally recognized tribes:

--Certification, signed by the Chairman of the IHA Board of

Commissioners stating that sites selected or to be selected are

within the IHA's area of operation.

--Supporting documentation including maps, state laws and local

ordinances, and other relevant information which documents the IHA's

area of operation, i.e., defined geographic boundaries which have a

significant concentration of Indian families who are not eligible to

be served by a public housing authority or tribally created IHA and

have a bona fide historic presence or connection with the land, as

recognized by the Federal Government or a state.

[FR Doc. 96-7647 Filed 3-28-96; 8:45 am]

BILLING CODE 4210-62-P