[Federal Register Volume 61, Number 136 (Monday, July 15, 1996)]
[Proposed Rules]
[Pages 36829-36835]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-16673]
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DEPARTMENT OF THE INTERIOR
Bureau of Indian Affairs
25 CFR Part 256
RIN 1076-AD52
Housing Improvement Program
AGENCY: Bureau of Indian Affairs, Interior.
ACTION: Proposed rule.
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SUMMARY: The Bureau of Indian Affairs (BIA) is proposing to amend the
regulations governing the Housing Improvement Program (HIP) by
clarifying the terms and conditions under which the program is
operated.
DATES: Comments must be received on or before September 13, 1996.
Comments will be available for inspection at the address below from
9:00 a.m. to 4:00 p.m., Monday through Friday beginning approximately
July 29, 1996.
ADDRESSES: Mail comments to June Henkel, Division of Housing, Office of
Tribal Services, Bureau of Indian Affairs, Department of the Interior,
1849 C St. NW, Mail Stop 4603-MIB, Washington, DC 20240; OR, hand
deliver them to Room 4603 at the above address.
[[Page 36830]]
FOR FURTHER INFORMATION CONTACT: June Henkel, Office of Tribal
Services, Bureau of Indian Affairs at telephone (202) 208-3707.
SUPPLEMENTARY INFORMATION:
Background
The proposed rule reflects the recommendations of the Joint Tribal/
BIA/DOI Advisory Task Force on Bureau of Indian Affairs Reorganization,
various tribal and Federal workgroups, and the Department of the
Interior Office of the Inspector General. The proposed rule contains
simplified administrative guidelines and makes the program more
flexible and responsive to the needs of tribes.
On April 7, 1994, the Assistant Secretary-Indian Affairs published
a Notice of Proposed Rulemaking (NPRM) proposing amendment of 25 CFR
Part 256, Housing Improvement Program (59 FR 16726). One proposal
concerned changing the HIP funding distribution methodology from one
based on housing inventory to one based on documented eligible
applicants. Proposed technical corrections were for the elimination of
Category C, Downpayments, and elimination of eligibility for applicants
whose dwellings were acquired under HUD through an Indian Housing
Authority. The comment period closed on June 6, 1994 and on June 10,
1994, was extended to July 6, 1994. Public comment on the funding
distribution methodology provided only a 1% margin of difference
between those for and against the proposed change. As a result of the
lack of clear direction on the funding distribution methodology, the
numerous comments received on the proposed technical corrections and
the need to improve the program, the program was recommended for
reinvention. In July 1994 the Acting Deputy Commissioner of Indian
Affairs agreed to a recommendation by the Office of Audit and
Evaluation to place HIP in the National Performance Review (NPR)
Reinventing Government Projects program. The HIP was approved as an NPR
lab project by October 1994. Along with accommodating administrative
corrective action tasks, the NPR lab was established to ensure tribal
representation throughout the reinvention process resulting in a
program that would be more responsive to tribal needs.
Evaluation and Certification
The authority to issue rules and regulations is vested in the
Secretary of the Interior by 5 U.S.C. 301 and sections 463 and 465 of
the Revised Statutes, 25 U.S.C. 2 and 9.
Publication of the proposed rule by the Department of the Interior
(Department) provides the public an opportunity to participate in the
rulemaking process. Interested persons may submit written comments
regarding the proposed rule to the location identified in the
``addresses'' section of this document.
Executive Order 12988
The Department has determined that this proposed rule meets the
applicable standards provided in sections 3(a) and 3(b)(2) of Executive
Order 12988.
Executive Order 12866
This proposed rule is not a significant regulatory action under
Executive Order 12866.
Regulatory Flexibility Act
This proposed rule will not have a significant economic impact on a
substantial number of small entities under the Regulatory Flexibility
Act (5 U.S.C. 601 et seq.).
Executive Order 12630
The Department has determined that this proposed rule does not have
``significant'' takings implications. The proposed rule does not
pertain to ``taking'' of private property interests, nor does it impact
private property.
Executive Order 12612
The Department has determined that this proposed rule does not have
significant federalism effects because it pertains solely to Federal-
tribal relations and will not interfere with the roles, rights and
responsibilities of states.
NEPA Statement
The Department has determined that this proposed rule does not
constitute a major Federal action significantly affecting the quality
of the human environment and that no detailed statement is required
pursuant to the National Environmental Policy Act of 1969.
Unfunded Mandates Act of 1995
This proposed rule imposes no unfunded mandates on any governmental
or private entity and is in compliance with the provisions of the
Unfunded Mandates Act of 1995.
Paperwork Reduction Act of 1995
The information collection requirements contained in Sec. 256.9
have been approved by the Office of Management and Budget under 44
U.S.C. 3507 et seq. and assigned clearance number 1076-0084. The
information is collected to determine applicant eligibility for
services and eligibility to participate in the program based on the
criteria referenced in 256.10 and in Table B. Response is required to
obtain a benefit. The public reporting burden for this form is
estimated to average thirty minutes per response, including the time
for reviewing the instructions, gathering and maintaining data, and
completing and reviewing the form.
Drafting Information
The primary author of this document is June Henkel, Office of
Tribal Services, Bureau of Indian Affairs, Department of the Interior.
List of Subjects in 25 CFR Part 256
Housing, Indians, Reporting and recordkeeping requirements.
For the reasons given in the preamble, Part 256 of Title 25,
Chapter I of the Code of Federal Regulations is proposed to be revised
as set forth below.
PART 256--HOUSING IMPROVEMENT PROGRAM
Sec.
256.1 Purpose.
256.2 Definitions.
256.3 Policy.
256.4 Information collection.
256.5 What is the Housing Improvement Program?
256.6 Am I eligible for the Housing Improvement Program?
256.7 What are the Housing Improvement Program categories for which
I am eligible?
256.8 Who administers the Housing Improvement Program?
256.9 How do I apply for the Housing Improvement Program?
256.10 What are the steps that must be taken to process my
application for the Housing Improvement Program?
256.11 How long will I have to wait for the improvement, repair, or
replacement of my dwelling to be done?
256.12 Who is responsible for identifying what work will be done on
my dwelling?
256.13 What will the servicing housing office do to identify what
work is to be done on my dwelling?
256.14 How will I be advised of what work is to be done?
256.15 Who performs the improvements, repairs, or replacement of my
dwelling?
256.16 How are these repairs or construction trades persons and
home building contractors selected and paid?
256.17 Will I have to vacate my dwelling while repair work or
replacement of my dwelling is being done?
256.18 How can I be sure that the work that is being done on my
dwelling meets minimum construction standards?
256.19 How will I be advised that the repair work or replacement of
my dwelling has been completed?
[[Page 36831]]
256.20 How many times can I receive improvements, repairs, or
replacement services under the Housing Improvement Program?
256.21 Will I need flood insurance?
256.22 Is my Federal Government assisted dwelling eligible for
services under the Housing Improvement Program?
256.23 Are mobile homes eligible for services under the Housing
Improvement Program?
256.24 Can Housing Improvement Program resources be supplemented
with other available resources?
256.25 What can I do if I disagree with actions taken under the
Housing Improvement Program?
Authority: 42 Stat. 208. (25 U.S.C. 13).
Sec. 256.1 Purpose.
The purpose of this part is to define the terms and conditions
under which assistance is given to Indians under the Housing
Improvement Program (HIP).
Sec. 256.2 Definitions.
As used in this part 256:
Agency means the current organizational unit of the Bureau that
provides direct services to the governing body or bodies and members of
one or more specified Indian Tribes.
Appeal means a written request for review of an action or the
inaction of an official of the Bureau of Indian Affairs that is claimed
to adversely affect the interested party making the request, as
provided in part 2 of this chapter.
Applicant means an individual or persons on whose behalf an
application for services has been made under this part.
Application means the process through which a request is made for
services.
Area Director means the officer in charge of a Bureau of Indian
Affairs area office, or his/her authorized delegate.
Bureau means the Bureau of Indian Affairs.
Child means a person under the age of 18 or such other age of
majority as is established for purposes of parental support by tribal
or state law (if any) applicable to the person at his or her residence,
except that no person who has been emancipated by marriage can be
deemed a child.
Family means one or more persons maintaining a household.
Handicapped means legally blind; legally deaf; lack of or inability
to use one or more limbs; chair or bed bound; inability to walk without
crutches or walker; mental disability in an adult of a severity that
requires a companion to aid in basic needs, such as dressing, preparing
food, etc.; or severe heart and/or respiratory problems preventing even
minor exertion.
Household means persons living with the head of household who may
be related or unrelated to the head of household and who function as
members of a family.
Indian tribe means an Indian or Alaska Native tribe, band, nation,
pueblo, village, or community that the Secretary of the Interior
acknowledges to exist as an Indian tribe pursuant to Public Law 103-
454, 108 Stat. 4791.
Secretary means the Secretary of the Interior.
Service area means reservations (former reservations in Oklahoma),
allotments, restricted lands, and Indian-owned fee lands (including
lands owned by corporations established pursuant to the Alaska Native
Claims Settlement Act) within a geographical area designated by the
tribe and approved by the Area Director to which equitable services can
be delivered.
Servicing housing office means the Tribal Housing Office or Bureau
Housing Assistance Office administering the Housing Improvement Program
in the service area in which the applicant resides.
Superintendent means the Bureau official in charge of an agency
office.
Sec. 256.3 Policy.
(a) The Bureau of Indian Affairs' housing policy is consistent with
the objectives of the national housing policy that declares that every
American family should have the opportunity for a decent home and
suitable living environment. To the extent possible, the program will
serve the neediest of the needy Indian families.
(b) Every Indian as defined in Sec. 256.2 who meets the basic
eligibility criteria defined in Sec. 256.6 is entitled to participate
in the program. Participation is based on priority of need, regardless
of tribal affiliation, provided services can be delivered to the
geographic area within which the participant resides.
(c) Tribal participation in and direct administration of the
Housing Improvement Program is encouraged to the maximum extent
possible. Tribal involvement is necessary to ensure that the services
provided under the program are responsive to the needs of tribes and
the program participants.
(d) Partnerships with complementary improvement programs are
encouraged to increase the basic benefits derived from the Housing
Improvement Program fund. An example is the agreement with Indian
Health Services to provide water and sanitation facilities for Housing
Improvement Program houses.
Sec. 256.4 Information collection.
The information collection requirements contained in Sec. 256.9
have been approved by the Office of Management and Budget under 44
U.S.C. 3507 et seq. and assigned clearance number 1076-0084. The
information is collected to determine applicant eligibility for
services and eligibility to participate in the program based on the
criteria referenced in Sec. 256.10 and in Table B to this part.
Response is required to obtain a benefit. The public reporting burden
for this form is estimated to average thirty minutes per response,
including the time for reviewing the instructions, gathering and
maintaining data, and completing and reviewing the form.
Sec. 256.5. What is the Housing Improvement Program?
The Housing Improvement Program provides funds to repair or replace
houses that fail to meet basic building standards for the neediest of
the needy Housing Improvement Program applicants.
Sec. 256.6 Am I eligible for the Housing Improvement Program?
You are eligible for the Housing Improvement Program if:
(a) You are a member of a Federally-recognized American Indian
tribe or Alaskan Native village; and
(b) You are living in an approved tribal service area; and
(c) Your annual income does not exceed 125% of the Department of
Health and Human Services Poverty Income Guidelines. These guidelines
are available from your servicing housing office.
Sec. 256.7 What are the Housing Improvement Program categories for
which I am eligible?
(a) Category A. You are eligible to receive up to $2,500 in housing
repairs and improvements if the dwelling in which you are living cannot
be brought to applicable building code standards.
(b) Category B. You are eligible to receive housing repairs and
improvements if the cost to bring the dwelling to applicable building
code standards does not exceed $35,000, and:
(1) You are the owner of the dwelling in which you are living;
(2) The estimated cost of repairs and improvements, as determined
by the Housing Improvement Program servicing office will result in
making the dwelling meet applicable building code standards; and
(3) You sign a written agreement that if you sell the dwelling
within five (5) years following the date of completion of the repairs,
the grant will be voided
[[Page 36832]]
and you will repay the full amount of the cost of repairs to the Bureau
of Indian Affairs at the time of settlement.
(c) Category C. You are eligible to receive a modest (see Table A
to this part, Occupancy and Square Footage Chart) replacement home, if:
(1) You are the owner of the dwelling in which you are living;
(2) The dwelling in which you are living cannot be brought to
applicable code standards within the Category B cost limit of $35,000;
or you do not own a home but have ownership of sufficient land suitable
for housing, with adequate ingress/egress rights; and
(3) You sign a written agreement that if you sell the house within
the first ten (10) years from the date of ownership, the grant is
voided and you will repay the full amount of the cost of the house to
the Bureau of Indian Affairs at the time of settlement. If you sell the
house after the first ten years, you can retain ten (10) percent of the
original cost of the house per year, beginning in the eleventh year,
with the remaining amount payable to the Bureau of Indian Affairs. If
the sale occurs twenty (20) years or more after the date of ownership,
you will not have to make repayment.
Sec. 256.8 Who administers the Housing Improvement Program?
The Housing Improvement Program is administered by a servicing
housing office operated:
(a) By a tribal housing office under a Public Law 93-638 contract
or a self-governance annual funding agreement; or
(b) By the Bureau of Indian Affairs.
Sec. 256.9 How do I apply for the Housing Improvement Program?
(a) First, you must obtain an application, BIA Form 6407, and a
Privacy Act Statement from your nearest servicing housing office.
(b) Second, you must complete and sign BIA Form 6407 and the
Privacy Act Statement.
(c) Third, you must submit your completed application and signed
Privacy Act Statement to your servicing housing office. Submission to
the nearest BIA housing office does not preclude tribal approval of the
application.
(d) Fourth, you must furnish documentation proving tribal
membership. Examples of acceptable documentation include a copy of your
Certificate of Degree of Indian Blood (CDIB) or a copy of your tribal
membership card.
(e) Fifth, you must provide proof of income from all members of the
household.
(1) You must submit signed copies of current 1040 tax returns from
all members of the household, including W-2's and all attachments.
(2) You must provide proof of all other income from all members of
the household. This includes unearned income such as social security,
aid to families with dependent children (AFDC), retirement and
unemployment benefits.
(3) If you or other household members did not file a tax return,
you must submit a signed, notarized statement explaining why a tax
return was not filed.
(f) Sixth, you must furnish a copy of your trust income statement,
such as for royalty and lease monies, from your home agency. If you do
not have an account, you must ask your agency to provide a statement to
that effect.
(g) Seventh, you must provide proof of ownership (sole possessory
interest) of the residence and/or land:
(1) For fee property, you must provide a copy of a fully executed
Warranty Deed, Gift Deed, or other exclusive possessory agreement,
which is available at your local county court house; or
(2) For trust property, you must provide a copy of certification
from the Agency Realty Office; or
(3) For tribally-owned land, you must provide a copy of a properly
executed tribal assignment; or
(4) For multi-owner property, you must provide a copy of a properly
executed lease of not less than twenty-five (25) years.
(h) Eighth, you must furnish a copy of a map and a letter from an
official source indicating whether your residence and/or land is in an
area having special flood hazards:
(1) If your land is held in trust, you must obtain this information
from your servicing housing office.
(2) If your land is fee land, you must obtain this information from
the county in which your land is located.
Sec. 256.10 What are the steps that must be taken to process my
application for the Housing Improvement Program?
(a) The servicing housing office must review your application for
completeness. If your application is incomplete, it will be returned to
you along with a written explanation and advice on how to complete and
resubmit your application.
(b) The servicing housing office will use your completed
application to determine if you are eligible for the Housing
Improvement Program.
(1) If you are found ineligible for the Housing Improvement Program
or otherwise do not qualify for the program, the servicing housing
office will advise you in writing within 45 days of receipt of your
completed application. Your application may be placed in a file with
the applications of other ineligible applicants for a period of not
less than two (2) years. Your application may be used to develop
workload and housing needs information by the servicing housing office.
(2) If you are found eligible for the Housing Improvement Program,
the servicing housing office will inform you in writing within 45 days
of receipt of your completed application.
(c) If you are found eligible for the Housing Improvement Program,
the servicing housing office will assess your application for need,
according to the factors and numeric values shown in Table B to this
part.
(d) Based on the total numeric value assigned to each application,
the servicing housing office will develop the List of Eligible Housing
Improvement Program Applicants (LEHIPA), ranked in order of need, from
highest to lowest. In the case of a tie, the family with the lower
income will be served first.
(e) The servicing housing office will develop and include on the
LEHIPA the estimated cost of improvements, repairs or replacement for
each application.
(f) The servicing housing office will compare the LEHIPA with the
total amount of funds available for the program. Starting with the most
needy applicant, the amount of available funds is reduced by the amount
of estimated, allowable costs to improve, repair or replace the
applicant's dwelling. This process is repeated for the next applicant
on the list until there are no more funds.
(1) The servicing housing office will advise you in writing within
45 days of completion of the LEHIPA whether funds are available for the
improvement, repair or replacement of your dwelling.
(2) If funds are available to meet the estimated cost of
improvement, repair, or replacement of your dwelling, the servicing
housing office will identify your application as ``active'' on the
LEHIPA.
(3) If there are no available funds for improving, repairing or
replacing your dwelling, your application will be identified as having
``no available funds'' on the LEHIPA.
(g) Your application will be held for an indefinite period of time
during which your servicing housing office will request, in writing,
annual written confirmation from you that your application is still
accurate.
[[Page 36833]]
(1) Your written confirmation will permit your application to be
included in the next annual ranking of eligible applicants.
(2) Your servicing housing office will advise you in writing and
provide written explanation should you need to submit a new or updated
application.
(3) Should your circumstances change appreciably during the time
that your application is pending funding, you are encouraged to submit
an updated application at your earliest convenience.
(h) Your servicing housing office will prepare an annual report
identifying construction work undertaken during the fiscal year and
related construction expenditures. The annual report is due on October
15 of each year for fiscal year tribes and on January 15 of each year
for calendar year tribes. The report, at a minimum, will contain:
(1) Number of Eligible Applicants;
(2) Number of Applicants Provided Service;
(3) Names of Applicants Provided Service;
(4) For Each Applicant Provided Service:
(i) Date of Construction start;
(ii) Date of Construction Completion, if applicable;
(iii) Cost; and.
(iv) HIP Category.
Sec. 256.11 How long will I have to wait for the improvement, repair,
or replacement of my dwelling to be done?
The length of time that it takes to accomplish the work to be done
on your dwelling is dependent on:
(a) Whether funds are available;
(b) The type of work to be done; and
(c) The climate and seasonal conditions where your dwelling is
located.
Sec. 256.12 Who is responsible for identifying what work will be done
on my dwelling?
The servicing housing office is responsible for identifying what
work is to be done on your dwelling or whether your dwelling will be
replaced.
Sec. 256.13 What will the servicing housing office do to identify
what work is to be done on my dwelling?
(a) First, a trained and qualified representative of your servicing
housing office must visit your dwelling to identify what improvements
or repairs are to be done under the Housing Improvement Program. The
representative must ensure that flood, National Environmental
Protection Act (NEPA) and earthquake requirements are met.
(b) Second, based on the list of improvements or repairs to be
done, the representative must estimate the total cost of improvements
or repairs to your dwelling. Cost estimates must be based on locally
available services and product costs, or other regional-based,
industry-recognized cost data, such as that provided by the MEANs or
MARSHAL SWIFT. If the dwelling is located in Alaska, documented,
reasonable and substantiated freight costs, in accordance with Federal
Property Management Regulations (FPMR 101-40), not to exceed 100% of
the cost of materials, can be added to the cost of the project.
(c) Third, the representative must determine which Housing
Improvement Program category the improvements to your dwelling meet,
based on the estimated cost of improvements or repairs. If the
estimated cost to repair your dwelling is $35,000 or more, the
representative must approve your dwelling for replacement.
(d) Fourth, the representative must develop a detailed, written
report, also called ``bid specifications,'' that identifies what and
how the improvement, repair and construction work is to be accomplished
at the dwelling.
(1) When the work includes new construction, the ``bid
specifications'' will be supplemented with a set of construction plans.
The plans must not exceed the occupancy and square footage criteria
identified in Table A of this part, Occupancy and Square Footage Chart.
The plans must be sufficiently detailed to provide complete
instructions to the builder for the purpose of construction.
(2) ``Bid specifications'' are also used to inform potential
bidders of what work is to be done.
Sec. 256.14 How will I be advised of what work is to be done?
You will receive written notice from the servicing housing office
of what work is being scheduled under the Housing Improvement Program.
You will be requested to concur with the scheduled work by signing a
copy of the notice and returning it to the servicing housing office. No
work will be started until the signed copy is returned to the servicing
housing office.
Sec. 256.15 Who performs the improvements, repairs, or replacement of
my dwelling?
Independent repair and construction trades persons and home
building contractors will perform the improvements, repairs or
replacement of your dwelling.
Sec. 256.16 How are these repair or construction trades persons and
home building contractors selected and paid?
(a) The servicing housing office must provide the prepared ``bid
specifications,'' also called a statement of work, to the local Bureau
or tribal contracting office. The office will use the statement of work
to advertise the work. Advertising will be accomplished by two or more
of the following means: local or national newspapers; various tribal
publications; physical or electronic bulletin boards; any other
generally-recognized advertising media.
(b) Based on the statement of work, interested parties are invited
to bid on the job.
(c) The winning bidder will be selected by the local Bureau or
tribal contracting office, after technical review by and written
recommendation from the servicing housing office. Prior to selection,
bidders must be determined to be qualified contractors capable of
completing the contract as advertised.
(d) Payments to the winning bidder are negotiated in the contract.
Payments are based on specified delivery of services.
(1) Partial payments will not exceed 80 percent of the value of the
completed work.
(2) Final payment will be made after final inspection and after all
provisions of the contract have been met, including punch-up items.
Sec. 256.17 Will I have to vacate my dwelling while repair work or
replacement of my dwelling is being done?
(a) You will be notified by the servicing housing office that you
must vacate your dwelling only if:
(1) It is scheduled for major repairs requiring that all occupants
vacate the dwelling for safety reasons; or
(2) It is scheduled for replacement which requires the demolition
of your current dwelling.
(b) If you are required to vacate the premises for the duration of
the construction, you are responsible for:
(1) Locating other lodging;
(2) Paying all costs associated with vacating and living away from
the dwelling; and
(3) Removing all your belongings and furnishings prior to the
scheduled, beginning work date.
Sec. 256.18 How can I be sure that the work that is being done on my
dwelling meets minimum construction standards?
(a) At various stages of construction, a trained and qualified
servicing housing office representative or building inspector will
review the construction to ensure that it meets applicable minimum
construction standards and
[[Page 36834]]
building codes. Upon completion of each stage, further construction is
prohibited until the inspection occurs and approval is granted.
(b) Inspections are, at a minimum, made at the following stages of
construction:
(1) Footings;
(2) Closed in, rough wiring and rough plumbing; and
(3) At final completion.
Sec. 256 19 How will I be advised that the repair work or replacement
of my dwelling has been completed?
You will be advised in writing by the servicing housing office that
the work has been completed in compliance with the project contract.
Also, you will have a final walk-through of the dwelling with your
servicing housing office representative. You will be requested to
verify that you received the notice of completion of the work by
signing a copy of the notice and returning it to the servicing housing
office representative.
Sec. 256.20 How many times can I receive improvements, repairs, or
replacement services under the Housing Improvement Program?
(a) Under Category A you can receive services under the Housing
Improvement Program more than one (1) time, for improvements to the
dwelling in which you are living to improve the safety and sanitation
of the dwelling:
(1) For not more than a total cost of $2,500; and,
(2) For not more than one dwelling; and,
(b) Under Category B, after October 1, 1986, you may receive
services one (1) time, for repairs to the dwelling that you own and
occupy that requires not more than $35,000 to make the dwelling meet
applicable building code standards; or,
(c) Under Category C, after October 1, 1986, you may receive
services one (1) time, for a modest replacement home.
Sec. 256.21 Will I need flood insurance?
You will need flood insurance if your dwelling is located in an
area identified as having special flood hazards under the Flood
Disaster Protection Act of 1973 (Public Law 93-234, 87 Stat. 977). Your
servicing housing office will advise you.
Sec. 256.22 Is my Federal Government assisted dwelling eligible for
services under the Housing Improvement Program?
No. Housing purchased with Federally subsidized funds are not
eligible for services under the Housing Improvement Program.
Sec. 256.23 Are mobile homes eligible for services under the Housing
Improvement Program?
No. A mobile home with an integral steel frame, also referred to as
a manufactured home, is not eligible for any services under the Housing
Improvement Program.
Sec. 256.24 Can Housing Improvement Program resources be supplemented
with other available resources?
Yes. Housing Improvement Program resources may be supplemented
through other available resources for the purpose of:
(a) Increasing the number of Housing Improvement Program
recipients. Supplemental funds cannot be used to increase Housing
Improvement Program limits or the scope of an individual project; or
(b) Increasing the basic benefits derived from the Housing
Improvement Program, such as, but not limited to, providing sanitation
facilities, water or road access.
Sec. 256.25 What can I do if I disagree with actions taken under the
Housing Improvement Program?
You may appeal action or inaction by an official of the Bureau of
Indian Affairs, in accordance with 25 CFR part 2. You may appeal action
or inaction by tribal officials through the appeal process established
by the servicing tribe.
Table A To Part 256.--Occupancy and Square Footage Chart
------------------------------------------------------------------------
Total house
Number of square
Number of occupants bedrooms footage
(maximum)
------------------------------------------------------------------------
1-4........................................... 2 900
5-7........................................... 3 1050
8+............................................ \1\4 \1\1200
------------------------------------------------------------------------
\1\ Adequate for all but the very largest families.
Table B to Part 256.--Priority Ranking Factors
------------------------------------------------------------------------
Factor--Ranking factor and Ranking
definition descriptors Point descriptors
------------------------------------------------------------------------
1. Annual Household Income Income/125%/FPIG* Points
(% of 125% of (Maximum=40)
FPIG).
Must include 0-25............. 40
income of all persons
counted in Factors 2, 3,
and 4.
26-50............ 30
51-75............ 20
Income includes 76-100........... 10
earned income, royalties,
and one-time income.
101-125.......... 0
2. Aged Persons Years of Age Points
For the benefit of Less than 55..... 0
persons age 55 or older,
and.
Must be living in 55 and over...... 1 point per year of
the dwelling. age over 54
3. Handicapped Individual % of Handicap Points
(A%+B%/2)........ (Maximum=20)
Any one (1) 100%............. 20
handicapped person living
in the dwelling.
(The percentage of handicap or less than 100% 10
must be based on the
average (mean) of the % of
disabilities identified
from two (2) sources (A+B)
of statements of condition
which may include a
physician's certification,
Social Security or
Veterans Affairs
determination, or similar
determination.).
4. Dependent Children Dependent Child Points
(Number of (Maximum=5)
Children).
[[Page 36835]]
Must be under the 1................ 0
age of 18 or such other
age established for
purposes of parental
support by tribal or state
law (if any).
2................ 1
3................ 2
Must live in the 4................ 3
dwelling and not be
married.
5................ 4
6 or more 5................
------------------------------------------------------------------------
* FPIG means Federal Poverty Income Guidelines
Dated: June 17, 1996.
Ada E. Deer,
Assistant Secretary--Indian Affairs.
[FR Doc. 96-16673 Filed 7-12-96; 8:45 am]
BILLING CODE 4310-02-P