[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]


=======================================================================
-----------------------------------------------------------------------

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.

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

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