[Federal Register Volume 61, Number 62 (Friday, March 29, 1996)]
[Notices]
[Pages 14218-14223]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-7647]




[[Page 14217]]

_______________________________________________________________________

Part IV





Department of Housing and Urban Development





_______________________________________________________________________



NOFA for the Traditional Indian Housing Development Program for Fiscal 
Year 1996; Notice

  Federal Register / Vol. 61, No. 62 / Friday, March 29, 1996 / 
Notices  

[[Page 14218]]


DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

[Docket No. FR-4001-N-01]


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

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

ACTION: Notice of funding availability (NOFA) 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