Notice of Funding Availability; The Traditional Indian Housing Development Program Fiscal Year 1997

DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

[Docket No. FR-4167-N-01]

Notice of Funding Availability; The Traditional Indian Housing

Development Program Fiscal Year 1997

AGENCY: Office of the Assistant Secretary for Public and Indian

Housing, HUD.

ACTION: Notice of Funding Availability (NOFA) for fiscal year 1997.

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SUMMARY: Purpose. This notice announces the availability of Fiscal Year

(FY) 1997 funding for the development of new Indian Housing (IH) units

and provides the applicable criteria, processing requirements and

action timetable.

Available Funds. $200,000,000.

Eligible Applicants. All Indian housing authorities (IHAs) which

meet the eligibility requirements specified at 24 CFR 950.207 are

invited to submit applications for Indian Housing developments in

accordance with the requirements of this NOFA.

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, (June 9,

1997). The applicant shall submit its application(s) for new housing

units on Form HUD-52730 with all supporting documentation required by

Appendix 2.

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:

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.

Promoting Comprehensive Approaches to Housing and Community

Development

HUD is interested in promoting comprehensive, coordinated

approaches to housing and community development. Economic development,

community development, public housing revitalization, homeownership,

assisted housing for special needs populations, supportive services,

and welfare-to-work initiatives can work better if linked at the local

level. Toward this end, the Department in recent years has developed

the Consolidated Planning process designed to help communities

undertake such approaches.

In this spirit, it may be helpful for applicants under this NOFA to

be aware of other related HUD NOFAs that have recently been published

or are expected to be published in this fiscal year. By reviewing these

NOFAs with respect to their program purposes and the eligibility of

applicants and activities, applicants may be able to relate the

activities proposed for funding under this NOFA to the recent and

upcoming NOFAs and to the community's Consolidated Plan. While tribes

and Indian housing authorities are not required to execute a

Consolidated Plan, comprehensive planning by tribes is encouraged.

Related NOFAs that the Department has published are as follows: the

NOFA for Emergency Shelter Grants Set-Aside for Indian Tribes and

Alaskan Native Villages, the NOFA for the Block Grant Program for

Indian Tribes and Alaskan Native Villages, and the NOFA for the Indian

HOME Program. These three NOFAs were published on April 11, 1997, at 62

FR 17970, 17976, and 17992, respectively.

To foster comprehensive, coordinated approaches by communities, the

Department intends for the remainder of FY 1997 to continue to alert

applicants of HUD's NOFA activity. In addition, a complete schedule of

NOFAs to be published during the fiscal year and those already

published appears under the HUD Homepage on the Internet, which can be

accessed at http://www.hud.gov.html. Additional steps to better

coordinated HUD's NOFAs are being considered for FY 1998.

For help in obtaining a copy of your community's Consolidated Plan,

please contact the community development office of your municipal

government.

Background Information

A. Changes From FY 1996 NOFA

The Indian Housing Development NOFA for FY 1997 is essentially the

same document published for the FY 1996 funding cycle with the

following substantive changes:

1. Submission of Occupancy Data

Submission requirements are expanded to include data on Indian

Housing units under management by an IHA. Such information includes

total number of units, number of units occupied, and number of vacant

units.

2. Special Provision for Umbrella IHAs

Umbrella IHAs (IHAs which serve two or more Federally recognized

tribes or Alaska native villages [herein after referred to and included

with tribes]) may now choose to submit either individual applications

for member tribes or Alaska native villages or may include several

tribes on one application. A tribe may be included on one application,

per program type. When an umbrella IHA chooses to submit a multiple

tribe application, the application will be rated by combining rating

criteria for each tribe included in the application.

3. Program Coordination

In order to effectively implement the Department's emphasis on

place-based funding, a new rating criterion has been added. Applicants

that have demonstrated coordination with programs designed and

implemented through other tribal or regional governmental entities or

cooperation with non-profit groups that have reduced the cost of

services to be provided; maximized the effective use of grant funds;

and/or addressed a broad range of community-based assistance will

receive up to 5 points. To be eligible for the award of points, the

applicant must provide in its application a narrative which describes

its efforts and success in coordinating community-based programs and

documentation which supports the cooperation and coordination of the

resources described.

Please note: In the implementation of services, the rating criteria

for allotting such services should not be disability related (diagnosis

specific) or restricted to only persons with disabilities.

4. Guidance Relating to Moderate Design

A section has been added at II.F. providing guidance to IHAs in

developing moderate design standards for the development of new

housing.

B. Other Items

1. Funding for Replacement Units

The Departments of Veterans Affairs and Housing and Urban

Development, and Independent Agencies Appropriations Act, 1997 (Pub. L.

104-204), (the Appropriations Act) extends the provision removing the

requirement that an IHA replace units it demolishes or disposes (one-

for-one replacement). Approval to demolish or dispose of

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units developed under the U.S. Housing Act of 1937 (42 U.S.C. 1437c,

1437d) continues to be governed by the requirements of 24 CFR 950,

subpart M, as modified by the Appropriations Act. The Department is not

reserving funds under this NOFA to provide replacement housing for

units approved for demolition or disposition. For approved demolition

or disposition applications where the Department has committed to

funding replacement units, such applications will be funded from the

fund assignment (see section I.B.) for the ONAP wherein the IHA resides

before the funding decisions are made in response to this NOFA. Any IHA

with an approved demolition/disposition program which includes a HUD

commitment to provide replacement housing must submit a completed

application per Appendix 2 of this NOFA. This application may be

submitted at any time--the ONAP will take action on it as soon as it is

received.

2. Correction of Error From the FY 1996 Competition

In the FY 1996 NOFA for Traditional Indian Housing Development, a

provision was included which allowed IHAs that lost units/funds due to

the rescission of new Indian Housing Development funds in FY 1995 to

apply for replacement units. An error was made by HUD which precluded

the Cheyenne River Housing Authority (CRHA) from receiving funding for

units the Housing Authority lost due to the rescission. This error may

be corrected by submittal to the ONAP of a request for reconsideration

by the CRHA prior to the date for submission of applications listed in

this NOFA. The ONAP will consider the request for reconsideration as an

error under II.E. below and process the request under the provisions of

that section.

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 Appropriations Act made available $200,000,000 of budget

authority for the Indian Housing Development program (new Indian

Housing units).

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.

Section 201(b) of the 1997 Appropriations Act extends through

September 30, 1997, the 1996 Appropriations Act provisions suspending

the one-for-one replacement requirements of section 18(b)(3) of the

United States Housing Act of 1937. Accordingly, no new development

funds have been specifically identified to fund replacements for units

demolished or disposed of by IHAs. However, any unfunded commitments

made in prior fiscal years, and any commitments for replacement units

made in fiscal year 1997 prior to the funding decisions made under this

NOFA shall be funded from the funds assigned under this NOFA to that

ONAP prior to funding new Indian Housing units.

The competitive process described in this NOFA will be used to

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

table below indicates the grant authority available for new units in FY

1997 for the six ONAPs, inclusive of funds needed to meet off-site

sewer and water requirements.

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ONAP location Funds assigned

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Eastern/Woodlands....................................... $28,109,400

Southern Plains......................................... 29,503,401

Northern Plains......................................... 22,991,801

Southwest............................................... 62,157,600

Northwest............................................... 18,148,000

Alaska.................................................. 39,089,800

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Total............................................. 200,000,000

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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.

2. Applications

IHAs may submit one application per program type (mutual help and

low rent). Umbrella IHAs may submit:

a. One application per program type for each member tribe, or

b. Applications which combine requests for housing for multiple

tribes. Such applications will be rated by the ONAP as individual

applications utilizing data combined for the appropriate tribes. Under

no circumstances may a tribe be included on more than one application,

per program type.

An IHA representing a tribe or tribes that has not previously

received housing assistance under the Indian Housing Program may submit

one application for a maximum of 15 units (either mutual help or low

rent) for each previously unserviced tribe.

3. 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:

a. Are not served by a public housing authority or tribally-created

IHA; and

b. Have a bona fide historic presence or connection with the land,

as recognized by the Federal Government or a state.

[[Page 20070]]

D. Development Award Application Process

1. Application Due Date

An IHA may submit an application(s) for new Indian Housing units at

any time after the publication date of this NOFA, to the ONAP within

whose jurisdiction the IHA applicant is located, on or before 3:00

p.m., ONAP local time, June 9, 1997. 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 F.2.

below).

5. Corrections to Deficient Applications

After making funding decisions, the ONAP may condition approval of

a grant upon receipt of items missing from responsive applications

which rank high enough to be funded. Such grant condition may provide

an IHA up to 14 calendar days to submit any identified missing

information in a form acceptable to the ONAP. Failure by the IHA to

submit requested information within the timeframe specified by the ONAP

will result in the withdrawal of the grant offer.

E. Rating 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 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

(unless the new tribe is included on a multiple tribe application with

a tribe that has previously received funding). 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. Applications from umbrella IHAs which

contain multiple tribes on one application will be evaluated by

combining data for each tribe/village included in the application. An

umbrella IHA submitting an application for a new tribe along with the

tribes that have been previously funded will not automatically receive

100 points but will be evaluated on combined data from each tribe/

village included in the application.

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 Indian Housing data supplied by

the IHA to HUD with the application for housing. Such data shall

include, by program type: total number of units in management (include

homeownership units which are paid off but not conveyed); total number

of occupied units; and the total number of vacant units as of September

30, 1996. 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 the ownership and management of 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 1995, 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 1997. For units

awarded in FY 1996 due to the recision in FY 1995, the FY 1996 approval

date will not be used; instead the latest approval date for the project

or projects rescinded will be

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used to determine the last project approval date.

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:

(i) Compliance with the requirements specified under 24 CFR

950.207(b);

(ii) Compliance with Comprehensive Grant/modernization

implementation schedules;

(iii) Effectiveness of maintenance policies and procedures in

protecting physical assets of the IHA;

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

improvements contract administration.

(v) Access for people with disabilities: (a) Compliance with 504 of

the Rehabilitation Act of 1973 including structural access and

integration of the housing within the larger community. (b) Efforts

made by the IHA to incorporate the standards for ``visitability'' in

all units (construction and renovation.)

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

where the applicant clearly demonstrates:

(i) Pre-planning of activities (detailed in chapters 1 through 4 of

the Indian Housing Development Guide, 7450.I G, issued July 31, 1996)

which includes site selection and coordination with other funding

agencies, utility companies, and tribal departments, or

(ii) 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, or

(iii) 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. Program Coordination. Applicants that have demonstrated

coordination with programs designed and implemented through other

tribal or regional governmental entities or cooperation with non-profit

groups that has reduced the cost of services to be provided; maximized

the effective use of grant funds; and/or addressed a broad range of

community-based assistance will receive up to 5 points. To be eligible

for the award of points, the applicant must provide in its application

a narrative which describes its efforts and success in coordinating

community based programs and documentation which supports the

cooperation and coordination of the resources described.

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:

Points Awarded for Rating Factors

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

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

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

Northern Plains................................. 25 10 20 45

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

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

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

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F. Selection Criteria

1. 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 Units Award table

shown below. (Note: in those cases where applications have already been

approved for demolition or disposition, funds will be provided before

the funding decisions are made under this NOFA.)

2. 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 may be made and approved by the ONAP

Administrator for the following reasons: 1. Equalization of units

awarded to IHAs with similar scores 2. adjustments to assure the award

of reasonably sized projects to all IHAs above a minimum score

determined by the ONAP.

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Eastern/ Southern Northern

Waiting list by program type Woodlands Plains Plains Southwest Northwest Alaska

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1,000 and above......................................... 110 50 20 240 5 20

750 to 999.............................................. 85 50 20 160 5 20

500 to 749.............................................. 65 50 20 120 25 20

400 to 499.............................................. 50 40 20 80 20 20

300 to 399.............................................. 40 30 20 60 15 20

200 to 299.............................................. 35 20 20 40 10 20

199 and fewer........................................... 25 10 20 25 5 20

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[[Page 20072]]

3. 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.).

II. Other Matters

A. Accountability in the Provision of HUD Assistance

Section 102 of the Department of Housing and Urban Development

Reform Act of 1989 (HUD Reform Act) and the final rule codified at 24

CFR part 4, subpart A, published on April 1, 1996 (61 FR 1448), contain

a number of provisions that are designed to ensure greater

accountability and integrity in the provision of certain types of

assistance administered by HUD. On January 14, 1992, HUD published, at

57 FR 1942, a notice that also provides information on the

implementation of section 102. The documentation, public access, and

disclosure requirements of section 102 are applicable to assistance

awarded under this NOFA as follows:

Documentation and public access requirements. HUD will ensure that

documentation and other information regarding each application

submitted pursuant to this NOFA are sufficient to indicate the basis

upon which assistance was provided or denied. This material, including

any letters of support, will be made available for public inspection

for a five-year period beginning not less than 30 days after the award

of the assistance. Material will be made available in accordance with

the Freedom of Information Act (5 U.S.C. 552) and HUD's implementing

regulations at 24 CFR part 15. In addition, HUD will include the

recipients of assistance pursuant to this NOFA in its Federal Register

notice of all recipients of HUD assistance awarded on a competitive

basis.

Disclosures. HUD will make available to the public for five years

all applicant disclosure reports (HUD Form 2880) submitted in

connection with this NOFA. Update reports (also Form 2880) will be made

available along with the applicant disclosure reports, but in no case

for a period less than three years. All reports--both applicant

disclosures and updates--will be made available in accordance with the

Freedom of Information Act (5 U.S.C. 552) and HUD's implementing

regulations at 24 CFR part 15.

B. Prohibition Against Advance Information on Funding Decisions

HUD's regulation implementing section 103 of the HUD Reform Act,

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 restrained by part 4 from providing advance information

to any person (other than persons authorized to receive such

information) 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 Ethics Law Division (202) 708-3815 (voice), (202) 708-

1112 (TTY). (These are not toll-free numbers.) For HUD employees who

have specific program questions, the employee should contact the

appropriate Field Office Counsel or Headquarters Counsel for the

program to which the question pertains.

C. 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.

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 Contracts, Grants,

Loans and Cooperative Agreements.''

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.

D. Conversions

During the first 24 months after Program Reservation, project

conversion between program type (LR or MH) may only be approved by HUD

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.

E. Errors in Ranking and Rating Fiscal Year 1996

1. Errors made by an ONAP during the 1996 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 1997 fair

share assigned to that ONAP before any FY 1997 rating and rankings are

completed.

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

the IHA participation in the FY 1997 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.

F. Moderate Design

Housing developed under the Indian Housing Program is subject to 24

CFR 950.255(c) which requires IHAs to select a moderate design

standard. The definition of moderate design will vary between

marketplaces; however, in adopting design standards, IHAs are to be

guided by the following: Moderate design under the Indian Housing

Program will result in a housing unit of a size and with amenities

consistent with housing offered for sale in the general geographic area

of the IHA's jurisdiction to buyers who are either first time

homebuyers or who are at or below the median income for the area.

Additionally, houses developed shall be of a consistent square footage

and with amenities of like sized (number of bedrooms) units within the

project. The cost to design and construct individual homes in any

project may not deviate

[[Page 20073]]

more than 10 percent from the average cost of a home in the same

development without approval from HUD. Any such approval will be based

on site costs, special disability related accessories or for costs

beyond the control of the IHA. Approval will not be granted if there

are unnecessary design features. Notwithstanding the moderate design

standard adopted by the IHA, houses developed under this NOFA must

comply with the total development cost (TDC) limitations published

periodically by HUD. The most recent TDC limitations were provided by

Notice PIH 96-26 (HUD) issued on May 15, 1996.

G. Environment

This NOFA provides funding under, and does not alter environmental

requirements of 24 CFR part 950, a regulation that was previously

published in the Federal Register, and this NOFA specifically refers

below to the environmental review provisions of part 950. Therefore, in

accordance with 24 CFR 50.19(c)(5), the issuance of this NOFA is

categorically excluded from preparation of a Finding of No Significant

Impact under the National Environmental Policy Act of 1969 (42 U.S.C.

4321).

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 and

950.120(a).

H. Federalism Impact

The General Counsel, as the Designated Official under section 6(a)

of Executive Order 12612, Federalism, has determined that this NOFA

does not have ``federalism implications'' because it does not have

substantial direct effects on the States (including their political

subdivisions), or on the distribution of power and responsibilities

among the various levels of government. This NOFA only announces the

availability of FY 1997 funding for the development of new Indian

Housing units and provides the applicable criteria, processing

requirements and action timetable.

I. Impact on the Family

The General Counsel, as the Designated Official under Executive

Order 12606, the Family, has determined that this NOFA has potential

significant impact on family formation, maintenance, and general well-

being only to the extent that the selected IHA applications will fund

new Indian Housing units. Since the potential impact on the family is

considered beneficial, no further review under the Order is necessary.

J. Catalog of Federal Domestic Assistance

The Catalog of Federal Domestic Assistance Program number is 14.850

K. 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, Fair Housing Act and implementing

regulations and the Americans with Disabilities Act (ADA), as

applicable.

Dated: April 14, 1997.

Kevin E. Marchman,

Acting Assistant Secretary for Public and Indian Housing.

Appendix 1

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Tribes & IHAs location ONAP addresses

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East of the Mississippi River Eastern/Woodlands Office of

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

Mohammed Rahmah e-mail: Metcalfe Federal Building, 77

[email protected]. West Jackson Boulevard,

Chicago, Illinois 60604-3507,

(312) 886-4532 or (800) 735-

3239, TTY Numbers: 1-800-927-

9275 or 312-886-3741.

Louisiana, Missouri, Kansas, Oklahoma, Southern Plains Office of

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

Sherry Hunt e-mail: 6.IPI, 500 W. Main, Suite 400,

[email protected]. Oklahoma City, Oklahoma 73102,

(405) 553-7545, TTY Numbers:

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

4891.

Colorado, Montana, Nebraska, North Northern Plains Office of

Dakota, South Dakota, Utah and Native American Programs, 8P,

Wyoming: Ann Roman e-mail: First Interstate Tower North,

[email protected]. 633 17th Street, Denver, Co

80202-3607, (303) 672-5465,

TTY Number: (303) 672-5248.

Arizona, California, and Nevada: Southwest Office of Native

Barbara Byestewa e-mail: American Programs, 9EPID, Two

[email protected]. Arizona Center, 400 North

Fifth Street, Suite 1650,

Phoenix, Arizona 85004-2361,

(602) 379-4143, TTY Number:

(602) 379-4461,

or

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

Johnny Cata e-mail: American Programs, 9EPIDI,

[email protected]. Albuquerque Plaza, 201 3rd

Street, N.W. Suite 1830,

Albuquerque, New Mexico 87102-

3368, (505) 766-1372, TTY

Number: None.

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

e-mail: [email protected]. American Programs, 10PI, 909

First Avenue, Suite 300,

Seattle, Washington 98104-

1000, (206) 220-5273, TTY

Number: (206) 220-5185.

Alaska: Donna Hartley e-mail: Alaska Office of Native

[email protected]. American Programs, 10.1PI, 949

East 36th Avenue, Suite 401,

Anchorage, Alaska 99508-4399,

(907) 271-4625, TTY Number:

(907) 271-4328.

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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 20074]]

____ 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.

____ Certification that the IHA has complied with Section 504 of the

Rehabilitation Act of 1973, the Americans with Disabilities Act and

the Indian Civil Rights Act or Fair Housing Act, as applicable.

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.

____ A table reflecting by program type: the total number of units

in management (include homeownership units which are paid off but

not conveyed), number of units occupied, and the number of vacant

units as of September 30, 1996.

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 the Indian Housing Development

Guidebook, Chapter 11, Section 11-4, page 11-6.

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. 97-10639 Filed 4-23-97; 8:45 am]

BILLING CODE 4210-33-P