[Federal Register Volume 60, Number 13 (Friday, January 20, 1995)]
[Notices]
[Pages 4330-4335]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-1416]




[[Page 4329]]

_______________________________________________________________________

Part V





Department of Housing and Urban Development





_______________________________________________________________________



Office of the Assistant Secretary for Public and Indian Housing



_______________________________________________________________________



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

  Federal Register / Vol. 60, No. 13 / Friday, January 20, 1995 / 
Notices   
[[Page 4330]] 

DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

Office of the Assistant Secretary for Public and Indian Housing
[Docket No. N-95-3843; FR-3769-N-01]


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

AGENCY: Office of the Assistant Secretary for Public and Indian 
Housing, HUD.

ACTION: Notice of funding availability (NOFA) for fiscal year 1995.

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

SUMMARY: A. This notice announces the availability of funding for 
Fiscal Year (FY) 1995 for the development of new Indian Housing (IH) 
units and provides the applicable criteria, processing requirements and 
action timetable. All Indian housing authorities (IHAs) which have not 
been determined to be administratively incapable, in accordance with 24 
CFR 905.135, are invited to submit applications for Indian Housing 
developments in accordance with the requirements of this NOFA.
    B. This NOFA contains information concerning the purpose of this 
NOFA; eligibility; available amounts; and the procedures that an IHA 
must follow to apply for new Indian Housing units. The procedures for 
rating, ranking, and funding IHA applications are also in this NOFA.

DATES: Applications must be physically received by the Field Office of 
Native American Programs (FONAP) having jurisdiction over the applicant 
on or before 3:00 p.m., FONAP local time, March 6, 1995. The applicant 
shall submit its application(s) for new housing units on Form HUD-52730 
with all supporting documentation required by Appendix 2, and for 
demolition or disposition in accordance with 24 CFR part 905, subpart 
M.

FOR FURTHER INFORMATION CONTACT: Applicants may contact the appropriate 
FONAP for further information. Refer to Appendix 1, for a complete list 
of FONAPs and telephone numbers.

SUPPLEMENTARY INFORMATION:

Paperwork Reduction Act Statement

    In accordance with the Paperwork Reduction Act of 1980 (44 U. S. C. 
3501-3520), the information collection requirements contained in these 
application procedures for development funds were reviewed by the 
Office of Management and Budget and assigned OMB control number 2577-
0030.

Changes From FY 1994 NOFA

    The Indian Housing Development NOFA for FY 1995 is essentially the 
same document published for the FY 1994 funding cycle with the 
following substantive changes:
    A. Revised program administration criterion. The rating factor for 
current IHA development pipeline activity has been modified to allow 
field offices to consider all facilities development, renovation, and/
or maintenance activities of an IHA.
    B. Regional variations in maximum points available for rating 
factors. Previous Indian Housing Development NOFAs established a 
national standard for points to be awarded for each rating factor. To 
address differences in circumstances in each of the field office 
jurisdictions, the FY 1995 NOFA includes variations, by FONAP 
jurisdiction, in the points to be awarded for each rating factor.
    C. Regional variations in the maximum unit award table. Previous 
Indian Housing Development NOFAs established a national standard for 
the maximum number of units to be awarded for each approved 
application. To address differences in circumstances in each of the 
FONAP jurisdictions, the FY 1995 NOFA includes variations, by FONAP 
jurisdiction, in the maximum units award table.
    D. Bonus rating factor. A new factor has been added to the rating 
criteria which provides up to 5 points for project pre-planning, 
economical selection of housing sites, and/or innovative approaches to 
development or financing.

I. New Development

A. Authority

    1. Statutory Authority. Sections 5 and 6, U.S. Housing Act of 1937 
(42 U.S.C. 1437c, 1437d), as amended; U.S. Department of Housing and 
Urban Development and Independent Agencies Appropriations Act for 
Fiscal Year 1995; Section 23 U.S. Housing Act of 1937, as added by 
section 554, Cranston-Gonzalez National Affordable Housing Act; section 
7(d), Department of Housing and Urban Development Act (42 U.S.C. 
3535(d).
    2. Indian Housing Regulations. Indian Housing Development 
regulations are published at 24 CFR part 905.
    3. 24 CFR Part 135. Economic Opportunities for Low and Very Low 
Income Persons. All applicants are herein notified that the provisions 
of section 3 of the Housing and Urban Development Act of 1968, as 
amended, and the regulations in 24 CFR part 135 are applicable to 
funding awards made under this NOFA. One of the purposes of the 
assistance is to give to the greatest extent feasible, and consistent 
with existing Federal, State, and local laws and regulations, job 
training, employment, contracting and other economic opportunities to 
section 3 residents and section 3 business concerns. IHAs and tribes 
that receive HUD assistance described in this part shall comply with 
the procedures and requirements of this part to the maximum extent 
consistent with, but not in derogation of, compliance with section 7(b) 
of the Indian Self-Determination and Education Assistance Act (25 
U.S.C. 450e(b).

B. Development Allocation Amount

    The FY 1995 VA-HUD Appropriations Act (Public Law 103-327) made 
available $282,000,000 of budget authority for the Indian Housing 
Development program (new Indian Housing units). Since some of the 
appropriated funds are to be derived from the recapture of prior year 
obligations and anticipated carryover funds, the actual amount 
available may be less.
    Each of the FONAP jurisdictions has been designated as the smallest 
practical area for the allocation of assistance. Funds available for 
new units will be assigned to the FONAPs consistent with 24 CFR 
791.403.
    Up to $20,000,000 of the available Indian Housing Development funds 
will be made available by the Department in order to provide funds 
needed to replace units approved for demolition/disposition. Any 
portion of the $20,000,000 that is not designated for demolition/
disposition replacements by July 1, 1995, as well as any amounts of 
actual recaptures that are realized and reallotted to the program, will 
be made available to the six FONAPs on the same basis as the amounts 
allocated for new units.
    The competitive process described in this NOFA will be used to 
select IHA applications to be funded for new Indian Housing units. 
Departmental compliance with the metropolitan/non-metropolitan 
provisions of section 213(d) of the Housing and Community Development 
Act of 1974 may require the selection of lower rated metropolitan 
applications over higher rated non-metropolitan applications. The table 
below indicates the percentage of grant authority available for new 
units in FY 1995 for the six FONAPs, inclusive of funds needed to meet 
off-site sewer and water requirements.

                                                                                                                
[[Page 4331]]                                                                                                   
------------------------------------------------------------------------
                                                             Percentage 
                      FONAP location                          of total  
                                                                funds   
------------------------------------------------------------------------
Eastern/Woodlands.........................................       14.0547
Southern Plains...........................................       14.7517
Northern Plains...........................................       11.4959
Southwest.................................................       31.0788
Northwest.................................................       09.0740
Alaska....................................................       19.5449
    Total.................................................      100     
------------------------------------------------------------------------

C. Eligibility for New Housing Units

    All IHAs which have not been determined to be administratively 
incapable in accordance with 24 CFR 905.135, have been organized in 
accordance with 24 CFR 905.125 and 905.126, and have the required 
tribal and/or local cooperation agreements as required by the U.S. 
Housing Act of 1937, as amended, are invited to submit applications for 
new Indian Housing units.
    All IHAs that have developments assisted under the U.S. Housing Act 
of 1937, as amended, and meet the requirements of 24 CFR part 905 
subpart M, may apply for funds for demolition or disposition, whether 
eligible for new units or not.

D. Development Award Application Process

    1. Application Due Date. An IHA may submit an application(s) for a 
project at any time after the publication date of this NOFA, to the 
FONAP having jurisdiction over the IHA applicant on or before 3:00 
p.m., FONAP local time, March 6, 1995 for new Indian Housing units. The 
application(s) shall be submitted on Form HUD-52730 and shall be 
accompanied by all the legal and administrative attachments required by 
the form and the items specified in Appendix 2. A facsimile of the 
application will not constitute physical delivery.
    The application deadline is firm as to date and hour. HUD will 
treat as ineligible for consideration any application that is received 
after the application deadline. Applicants should make early submission 
of their materials to avoid any risk of loss of eligibility brought 
about by unanticipated delays or other delivery related problems.
    2. Application Kit. Application Kit and applicable forms may be 
obtained from any FONAP listed in Appendix 1.
    3. Submittal of Complete Application. Completed applications must 
be submitted to the FONAP having jurisdiction over the IHA applicant at 
the address/location listed in Appendix 1.
    4. Action on Application. When the application is received by HUD, 
HUD will provide written notification to the IHA showing the date and 
time the application was received in the FONAP. The FONAP will begin 
review of the application within 14 calendar days after the application 
deadline. The application must be complete and must demonstrate legal 
sufficiency and the IHA must not have been disqualified for funding of 
new projects, as determined in accordance with 905.135. If it is 
evident that any application fails to satisfy these technical 
requirements, the FONAP will immediately return the application and 
will identify, in writing, the deficiencies. The IHA will be allowed to 
cure minor technical deficiencies within 14 calendar days of written 
notification by the FONAP. All responses must be in writing and 
received within 14 calendar days of the date HUD issues a written 
notification of deficiency. Under no circumstances may an applicant 
submit information which would affect the rating of the application 
after the original due date for application submission.

E. Ranking Factors and Selection Criteria

    1. Rating and Ranking. Rating and ranking of applications from IHAs 
for new Indian Housing units will be done in accordance with 24 CFR 
905.220. Applications from new IHAs, or, in the case of an umbrella IHA 
that has added a new tribe, the application from the new tribe, will 
receive 100 points. If an IHA that serves more than one tribal 
government, or, in the case of Alaska, more than one village, submits 
applications for housing units in several of the communities, each 
application will be treated separately, for purposes of the number of 
points awarded. Newly created IHAs for tribes which have previously 
received housing units under an umbrella IHA shall not be awarded 100 
points but scored as an established IHA.
    For each FONAP jurisdiction, the rankings will be based on awarding 
points to each application for the following categories in accordance 
with the table of maximum points available per category by FONAP 
jurisdictional area (see g. below):
    a. The relative unmet IHA need for housing units compared to the 
other eligible applications for that program type (i.e., low rent (LR) 
or mutual help (MH), based on IHA waiting lists and the total number of 
units in management and in the development pipeline. There should be a 
separate waiting list for each program type. This need will be measured 
for each program type by dividing the number of families on the waiting 
list, by the IHA's total number of units in management and under 
development. If the result of this division is greater than 1.00, the 
maximum points for this category shall be awarded. Otherwise, the 
result of this division shall be multiplied by the maximum possible 
points available. If the IHA has 500 or more families on the waiting 
list, it is awarded the maximum points available for the category.
    b. The relative IHA occupancy rate compared to the occupancy rates 
of other eligible IHA applications for that program type. The occupancy 
rate for an IHA shall be derived from the most recent data entered in 
the HUD Management Information Retrieval System (MIRS) national data 
base, which reports total units available and total units occupied 
based on information supplied by IHAs on forms submitted periodically 
to HUD. For all IHA projects in management, the total number of units 
occupied is divided by the total number of units available, multiplied 
by 100. This occupancy rate for an IHA will then be divided by the 
highest occupancy rate of any IHA (never to exceed 97%, in any event), 
and this ratio shall be multiplied by the maximum points available for 
the category to calculate an IHA's points for this category. An 
existing IHA that is applying for a previously unfunded program type 
will be awarded a score equal to the highest rated score for this 
factor in the FONAP jurisdiction competition. A newly created IHA for a 
tribe which previously received housing units under an Umbrella IHA 
shall be awarded a score based on the units within such tribe's 
jurisdiction whether or not such units have been transferred to the 
newly created IHA.
    c. Length of time since the last Program Reservation date. The 
number of days from January 1, 1995 to the date of the last Program 
Reservation for an IHA shall be divided by the longest time, in number 
of days, since the last Program Reservation for any IHA. This ratio 
shall be multiplied by the maximum points available for the category to 
calculate an IHA's points for this category. A newly created IHA for a 
tribe which previously received housing units under an Umbrella IHA 
shall be awarded a score based on the last Program Reservation for 
units within such tribe's jurisdiction. Units received for demolition 
or disposition purposes will not be counted for rating and ranking 
purposes for new Indian Housing units in FY 1995.
    d. Current IHA development and physical improvements activity. This 
factor evaluates the IHA's performance during the past 24 months in 
developing new housing or maintaining/improving current housing. The 
FONAP will [[Page 4332]] evaluate the IHA's performance in these areas 
and will award points based upon but not limited to:
    (1) Submittal of approvable Development Programs within the time 
frames prescribed in the IHA's planning schedules;
    (2) Construction start within 30 months of Program Reservation, not 
including time under statutory exclusion;
    (3) Submittal of Actual Development Cost Certificates within 24 
months after the Date of Full Availability;
    (4) Compliance with CompGrant/modernization implementation 
schedules;
    (5) Effectiveness of maintenance policies and procedures in 
protecting physical assets of the IHA;
    (6) Effectiveness of the IHA's development and physical 
improvements contract administration.
    The FONAP will prepare written support for the number of points 
awarded which will be available to the IHA upon request. The FONAP 
shall take into consideration any unforeseen events such as natural 
disasters or other factors that may have precluded the IHA from meeting 
the criteria for this factor. The maximum points available for this 
category are listed in the table under g. below. A newly created IHA 
for a tribe which previously received housing units under an Umbrella 
IHA shall be awarded a score based on the IHA's plan for developing and 
maintaining the units.
    e. A bonus of up to 5 points will be awarded to any application 
where the applicant clearly demonstrates:
    (1) Pre-planning of site selection and coordination with other 
funding agencies, utility companies, and tribal departments, or
    (2) That the applicant has identified and selected sites for the 
development which result in savings of not less than 5 percent of the 
proposed development cost from using existing utility systems, pre-
developed subdivision sites, or other items documented by the 
applicant.
    (3) Innovative approaches to development or financing which will 
significantly reduce the delivery time of housing or expand the number 
of houses developed without reducing quality.
    f. Computation. Scores for ranking shall be carried out to two 
decimal places (xx.xx).
    g. Points available for each rating category. The following table 
reflects the maximum points available for each category for each of the 
FONAP jurisdictional areas:

                    Points Awarded for Rating Factors                   
------------------------------------------------------------------------
                                            (b)                   (d)   
                               (a) Need  Occupancy   (c) Time   Workload
------------------------------------------------------------------------
Eastern/Woodlands...........         30         30         20         20
Southern Plains.............         35         10         25         30
Northern Plains.............         30         20         20         30
Southwest...................         40         20         20         20
Northwest...................         10         10         20         60
Alaska......................         40         20         20         20
------------------------------------------------------------------------

    2. Selection Criteria.
    a. The ranking process will produce an ordered list of IHA 
applications by FONAP jurisdiction that may receive funding. The order 
is established by the total number of points the application received 
in the rating process. If any funds remain after the initial funding 
cycle within the FONAP jurisdiction, the funds will be provided to more 
fully fund applications that were reduced due to the Maximum Units 
Award table shown in paragraph b below.
    b. The number of units awarded shall be based upon the following 
table to ensure a more equitable distribution and meaningful 
competition based on need. Exceptions to the maximum number of units 
awarded based on the table shall be made and approved by the FONAP 
Administrator upon proper justification. Examples of justifications for 
varying from the table include equalization of units awarded to IHAs 
with similar scores or adjustments to assure the award of reasonably 
sized projects to all IHAs above a minimum score determined by the 
FONAP.

----------------------------------------------------------------------------------------------------------------
     Total of all units IHA requested in       Eastern/   Southern   Northern                                   
       application(s) by program type         Woodlands    Plains     Plains    Southwest   Northwest    Alaska 
----------------------------------------------------------------------------------------------------------------
1,000 and above.............................        300        300        100         240         300        300
750 to 999..................................        200        200         90         160         200        200
500 to 749..................................        150        150         80         120         100        150
400 to 499..................................        100        100         70          80          80        100
300 to 399..................................         80         80         60          64          60         80
200 to 299..................................         60         60         50          48          40         60
199 and fewer...............................         40         40         40          32          20         40
----------------------------------------------------------------------------------------------------------------

    If an IHA that serves more than one tribal government, or in the 
case of Alaska, more than one village, submits applications for housing 
units in several of the communities, each application will be treated 
separately, for purposes of the number of units awarded.
    c. Tie breaker. In the case of ties, priority will be given to the 
application that has the highest ratio of units to: (1) Pre-approved 
sites, and, if there is still a tie: (2) BIA approved leases for the 
proposed project site(s).
    3. Replacement Housing. IHA applications for demolition or 
disposition may require a commitment for replacement housing units on a 
one for one replacement to comply with requirements of Section 18 of 
the U.S. Housing Act, as amended. IHAs are to process requests for 
demolition or disposition in accordance with 24 CFR part 905, subpart 
M. [[Page 4333]] 

II. Other Matters

A. HUD Reform Act

1. Required Disclosures by Applicants
    a. Disclosures. All applicants are required to disclose information 
with respect to any additional funds that can reasonably be expected to 
be received by them as assistance in excess of $200,000 (in the 
aggregate) during the Fiscal Year that will be related to the project. 
Disclosure must be made relative to any related assistance from the 
Federal instrumentalities (other than HUD), a state, or a unit of 
general local government that is expected to be made available with 
respect to the project for which the applicant is seeking assistance. 
The assistance shall include but not be limited to any loan, grant, 
guarantee, insurance, payment, rebate, subsidy, credit, tax benefit, or 
any other form of direct or indirect assistance.
    b. Updates. The IHA applicant shall update this disclosure within 
30 days of any substantial change. This update is required during the 
period when an application is pending or assistance is being provided.
2. Prohibited Disclosures by HUD Employees
    HUD's regulation implementing section 103 of the Department of 
Housing and Urban Development Reform Act of 1989 was published May 13, 
1991 (56 FR 22088) and became effective on June 12, 1991. That 
regulation, codified as 24 CFR part 4, applies to this funding 
competition. The requirements of the rule continue to apply until the 
selection of successful applicants. HUD employees involved in the 
review of applications and in the making of funding decisions are 
restrained by part 4 from providing advance information to any person 
(other than an authorized employee of HUD) concerning funding 
decisions, or from otherwise giving any applicant an unfair competitive 
advantage. Persons who apply for assistance in this competition should 
confine their inquiries to the subject areas permitted under 24 CFR 
Part 4.
    Applicants who have questions should contact the HUD Office of 
Ethics (202) 708-3815. (This is not a toll-free number). The Office of 
Ethics can provide information of a general nature to HUD employees, as 
well. However, a HUD employee who has specific program questions, such 
as whether particular subject matter can be discussed with persons 
outside the Department, should contact his or her FONAP counsel, or 
headquarters counsel for the Indian Housing Development program.

B. Lobbying

    Section 319 of the Department of the Interior and Related Agencies 
Appropriations Act hereafter referred to as the ``Byrd amendment,'' 
prohibits grantees from using any federally appropriated funds to 
influence federal employees, members of Congress, and congressional 
staff regarding specific grants or contracts. The Department has 
determined that the requirements of the Byrd amendment do not apply to 
IHAs established by a tribal government exercising its sovereign powers 
with respect to expenditures specifically permitted by other Federal 
law. The Byrd amendment requires all IHAs established under state law 
to submit the following documents for applications for grants exceeding 
$100,000.
    1. Certification. A certification that no federal appropriated 
funds will be used for lobbying purposes. The certification shall be 
submitted on the Form entitled ``Certification for Contracts, Grants, 
Loans and Cooperative Agreements''.
    2. Disclosure Document. A document disclosing any lobbying 
activities (on Standard Form--LLL, ``Disclosure of Lobbying 
Activities'') where any funds other than federally appropriated funds 
will be or have been used to influence federal employees, members of 
Congress, and congressional staff regarding specific grants or 
contracts.

C. Conversions

    During the first 24 months after Program Reservation, project 
conversion between program type (LR or MH) may only be considered 
where:
    1. An IHA submitted projects for mutual help (MH) and low rent 
(LR), each scored high enough to be funded, and the IHA has the waiting 
list to support the conversion, or
    2. If only one application was submitted and approved, the 
application upon re-ranking in the other program has to score at least 
0.01 higher than the number of points achieved by the highest rated 
application from any IHA which was not funded. If neither circumstance 
exists, the request to convert will not be approved.

D. Errors in Ranking and Rating Fiscal Year 1994

    1. Errors made by a FONAP during the 1994 fiscal year rating and 
ranking that resulted in a change of rank order detrimental to an IHA 
may be corrected as follows:
    a. The FONAP will construct a hypothetical distribution that would 
have existed if the error had not been made, and
    b. The FONAP will determine what the unit award/funding would have 
been for the IHA subject to the funds that were available at the time.
    2. Remedial action will be taken for errors made by a FONAP as 
follows:
    a. The FONAP will deduct any funds needed from the FY 1995 fair 
share assigned to that FONAP before any FY 1995 rating and rankings are 
completed.
    b. A correction of an error for an IHA will not adversely affect 
the IHA participation on the FY 1995 rating and ranking process. The 
IHA's application will be rated and ranked on the same basis as other 
applications and as if no error was made.

E. Environment

    A Finding of No Significant Impact with respect to the environment 
has been made in accordance with HUD regulations that implement section 
102(2)(C) of the National Environmental Policy Act of 1969 (42 U. S. C. 
4332). The Finding of No Significant Impact is available for public 
inspection during business hours in the Office of the Rules Docket 
Clerk, Office of General Counsel, room 10276, Department of Housing and 
Urban Development, 451 Seventh Street, S.W. Washington, D.C. 20410.

F. Other Federal Requirements

    In order to be eligible for funding, activities must be in 
compliance with Section 504 of the Rehabilitation Act of 1973 and 
implementing regulations at 24 CFR 8 and the Americans with 
Disabilities Act of 1990 (ADA) and implementing regulations for Title 
II of the ADA issued by the Department of Justice at 28 CFR 35.

    Dated: December 14, 1994.
Michael B. Janis,
General Deputy Assistant Secretary for Public and Indian Housing.

                                                                                                                
[[Page 4334]]                                                                                                   
    Appendix 1.--Listing of Field Offices of Native American Programs   
------------------------------------------------------------------------
       IHAs located                         ONAP address                
------------------------------------------------------------------------
East of the Mississippi    Eastern/Woodlands Office of Native American  
 River (including all of    Programs, 5P, Metcalfe Federal Building, 77 
 Minnesota) and Iowa.       West Jackson Boulevard, Chicago, Illinois   
                            60604-3507, (312) 353-1282 or (800) 735-    
                            3239, TDD Numbers: 1-800-927-9275 or 312-886-
                            3741.                                       
Louisiana, Missouri,       Southern Plains Office of Native American    
 Kansas, Oklahoma, and      Programs, 6.IPI, Murrah Federal Building,   
 Texas except for Isleta    200 NW 5th Street, Oklahoma City, Oklahoma  
 del Sur.                   73102-3202, (405) 231-4101, TDD Numbers: 405-
                            231-4181 or 405-231-4891.                   
Colorado, Montana,         Northern Plains Office of Native American    
 Nebraska, North Dakota,    Programs, 8P, First Interstate Tower North, 
 South Dakota, and          633 17th Street, Denver, Colorado 80202-    
 Wyoming.                   3607, (303) 672-5462, TDD Number: 303-844-  
                            6158.                                       
Arizona, California, New   Southwest Office of Native American Programs,
 Mexico, Nevada, and        9EPID, Two Arizona Center, 400 North Fifth  
 Isleta del Sur in Texas.   Street, Suite 1650, Phoenix, Arizona 85004- 
                            2361, (602) 379-4156, TDD Number: 602-379-  
                            4461;                                       
                               or                                       
                           Albuquerque Division of Native American      
                            Programs, 9EPIDI Albuquerque Plaza, 201 3rd 
                            Street, NW, Suite 1830, Albuquerque, New    
                            Mexico 87102-3368, (505) 766-1372, TDD      
                            Number: None.                               
Idaho, Oregon, and         Northwest Office of Native American Programs,
 Washington.                10PI, 909 First Avenue, Suite 300, Seattle, 
                            Washington 98104-1000, (206) 220-5270, TDD  
                            Number: (206) 220-5185.                     
Alaska...................  Alaska Office of Native American Programs,   
                            10.1PI, 949 East 36th Avenue, Suite 401,    
                            Anchorage, Alaska 99508-4399, (907) 271-    
                            4633, TDD Number: (907) 271-4328.           
------------------------------------------------------------------------

Apendix 2

    New Indian Housing Development Application Submission Checklist.

    Note: Certain submission requirements listed on the following 
checklist are included on the application form HUD-52730. It is the 
responsibility of the IHA to assure that all submission requirements of 
the checklist are met whether through the application form or by 
separate submittal:
    1. Application Form HUD-52730:
    ________ Complete application on Form HUD-52730 (5/94).
    ________ Attach all exhibits and tables as required.
    2. IHA Resolution(s): each application must be accompanied by an 
IHA Resolution which contains the following:
    ________ A statement that authorizes the submission of the 
application for units.
    ________ A statement explaining how solid waste disposal for the 
proposed development will be addressed.
    ________ A statement regarding the planned access to public utility 
services and a listing of any official commitment(s) for these utility 
services for the development.
    ________ The IHA Resolution must advise HUD of any persons with a 
pecuniary interest in the proposed development. Persons with a 
pecuniary interest in the development shall include but not be limited 
to any developers, contractors, and consultants involved in the 
application, planning, construction, or implementation of the 
development. (During the period when an application is pending or 
assistance is being provided, the applicant shall update the disclosure 
required within thirty days of any substantial change.)
    3. Certifications: Each application must contain the following 
certifications provided by the Executive Director on IHA letterhead, in 
addition to the certifications included on Form HUD-52730 (5/94).
    ________ Certification Regarding Drug-Free Workplace Requirements 
as directed by 24 CFR 24.630(b).
    ________ Certification that the IHA has complied with all 
requirements of 24 CFR Part 135, which implements Section 3 of the HUD 
Act of 1968, as amended.
    4. Letters: Each IHA application must be accompanied by a letter of 
support signed by the CEO of the general local government indicating:
    ________ Support for the proposed application and development.
    ________ Support for the IHA's intent to apply for planning funds 
for the development.
    ________ Where applicable, assurance to HUD that access road needs 
will be identified by Tribal Resolution (with BIA concurrence) and 
entered on the BIA Indian Reservation Roads prioritization schedule 
used by BIA for resource allocation(25 CFR part 170: 57 BIAM 4 and 
Supplement 4; and 24 CFR part 905 B, appendix I, item 6).
    ________ Acknowledgement that there is a need for the housing 
assistance applied for that is not being met by private enterprise.
    ________ Assurance that there are, or will be available, public 
facilities and services adequate to serve the proposed housing. (If 
available, Tribal support is evidenced by attached letters from various 
organizations that will provide utilities and services to the proposed 
housing units.)
    5. Supporting Documentation: Each application must be accompanied 
by the following supporting documentation:
    ________ Disclosure of additional assistance from other sources 
that will be used in association with the project for which the 
applicant is seeking assistance.
    ________ Statement specifying the number of eligible applicant 
families by program type (LR or MH). The statement must be supported by 
a sufficient number of current applications from eligible families 
maintained by the IHA.
    ________ Identify sites proposed for Mutual Help development in the 
application in accordance with 905.230, 905.245, and 905.407.
    6. Items That Should be Submitted, If Not Previously Submitted:
    ________ Certified Copy of the Transcript of Proceedings containing 
the IHA Resolution pursuant to which the Application is being made.
    ________ IHA Organization Transcript or General Certificate.
    ________ Tribal Ordinance
    ________ Cooperation Agreements. Where the provisions of the 
necessary local government cooperation are not contained in the 
ordinance or other enactment creating the IHA, the IHA shall submit an 
executed cooperation agreement (or copy of an existing one) for the 
location involved, which is sufficient to cover the number of units in 
the application.
    7. Optional Items: [[Page 4335]] 
    ________ Preliminary Site Reports indicating pre-approved sites, 
and BIA approved leases for the proposed project site(s), if any.
    8. Force Account. To enable the Field Office of Native American 
Programs to make an initial determination of the viability of the 
proposal, there are additional submission requirements for the 
application, including:
    ________ IHA justification for HUD approval of the force account 
method, pursuant to 24 CFR 905.215(a)(6).
    ________ IHA or Tribal resolution agreeing to cover any costs in 
excess of the HUD-approved estimated construction cost.
    ________ Evidence that either the IHA or Tribe has the resources to 
cover such excess costs.
    ________ An action plan as outlined in HUD Handbook 7450.01 REV-1, 
Chapter 14, paragraph 14-5.

[FR Doc. 95-1416 Filed 1-19-95; 8:45 am]
BILLING CODE 4210-33-P