1、700 24 CFR Ch. IX (4111 Edition) 990.310 with HUDs administrative instruc-tions. Income estimates may provide for adjustment of anticipated project income between the RMC and the PHA, based upon the management and other project-associated responsibilities (if any) that are to be retained by the PHA
2、under the management contract. (c) Any revenues retained by an RMC under this section may be used only for purposes of improving the maintenance and operation of the project, estab-lishing business enterprises that em-ploy residents of public housing, or ac-quiring additional dwelling units for lowe
3、r income families. Units acquired by the RMC will not be eligible for pay-ment of operating subsidy. Subpart JFinancial Manage-ment Systems, Monitoring, and Reporting 990.310 PurposeGeneral policy on financial management, monitoring and reporting. All PHA financial management sys-tems, reporting, an
4、d monitoring of pro-gram performance and financial report-ing shall be in compliance with the re-quirements of 24 CFR 85.20, 85.40, and 85.41. Certain HUD requirements pro-vide exceptions for additional special-ized procedures that are determined by HUD to be necessary for the proper management of t
5、he program in accord-ance with the requirements of the 1937 Act and the ACC between each PHA and HUD. 990.315 Submission and approval of operating budgets. (a) Required documentation: (1) Prior to the beginning of its fiscal year, a PHA shall prepare an operating budget in a manner prescribed by HUD
6、. The PHAs Board of Commissioners shall review and approve the budget by resolution. Each fiscal year, the PHA shall submit to HUD, in a time and manner prescribed by HUD, the ap-proved Board resolution. (2) HUD may direct the PHA to sub-mit its complete operating budget with detailed supporting inf
7、ormation and the Board resolution if the PHA has breached the ACC contract, or for other reasons, which, in HUDs deter-mination, threaten the PHAs future serviceability, efficiency, economy, or stability. When the PHA no longer is operating in a manner that threatens the future serviceability, effic
8、iency, economy, or stability of the housing it operates, HUD will notify the PHA that it no longer is required to submit a complete operating budget with de-tailed supporting information to HUD for review and approval. (b) If HUD finds that an operating budget is incomplete, inaccurate, in-cludes il
9、legal or ineligible expendi-tures, contains mathematical errors or errors in the application of accounting procedures, or is otherwise unaccept-able, HUD may, at any time, require the PHA to submit additional or re-vised information regarding the budget or revised budget. 990.320 Audits. All PHAs th
10、at receive financial as-sistance under this part shall submit an acceptable audit and comply with the audit requirements in 24 CFR 85.26. 990.325 Record retention require-ments. The PHA shall retain all documents related to all financial management and activities funded under the Oper-ating Fund for
11、 a period of five fiscal years after the fiscal year in which the funds were received. PART 1000NATIVE AMERICAN HOUSING ACTIVITIES Subpart AGeneral Sec. 1000.1 What is the applicability and scope of these regulations? 1000.2 What are the guiding principles in the implementation of NAHASDA? 1000.4 Wh
12、at are the objectives of NAHASDA? 1000.6 What is the nature of the IHBG pro-gram? 1000.8 May provisions of these regulations be waived? 1000.10 What definitions apply in these regu-lations? 1000.12 What nondiscrimination require-ments are applicable? 1000.14 What relocation and real property acquisi
13、tion policies are applicable? 1000.16 What labor standards are applicable? 1000.18 What environmental review require-ments apply? VerDate Mar2010 10:07 May 20, 2011 Jkt 223080 PO 00000 Frm 00710 Fmt 8010 Sfmt 8010 Y:SGML223080.XXX 223080erowe on DSK5CLS3C1PROD with CFRProvided by IHSNot for ResaleNo
14、 reproduction or networking permitted without license from IHS-,-,-701 Asst. Secry., for Public and Indian Housing, HUD Pt. 1000 1000.20 Is an Indian tribe required to assume environmental review responsibilities? 1000.22 Are the costs of the environmental review an eligible cost? 1000.24 If an Indi
15、an tribe assumes environ-mental review responsibility, how will HUD assist the Indian tribe in per-forming the environmental review? 1000.26 What are the administrative require-ments under NAHASDA? 1000.28 May a self-governance Indian tribe be exempted from the applicability of 1000.26? 1000.30 What
16、 prohibitions regarding conflict of interest are applicable? 1000.32 May exceptions be made to the con-flict of interest provisions? 1000.34 What factors must be considered in making an exception to the conflict of interest provisions? 1000.36 How long must a recipient retain records regarding excep
17、tions made to the conflict of interest provisions? 1000.38 What flood insurance requirements are applicable? 1000.40 Do lead-based paint poisoning pre-vention requirements apply to affordable housing activities under NAHASDA? 1000.42 Are the requirements of section 3 of the Housing and Urban Develop
18、ment Act of 1968 applicable? 1000.44 What prohibitions on the use of debarred, suspended, or ineligible con-tractors apply? 1000.46 Do drug-free workplace require-ments apply? 1000.48 Are Indian preference requirements applicable to IHBG activities? 1000.50 What Indian preference require-ments apply
19、 to IHBG administration ac-tivities? 1000.52 What Indian preference require-ments apply to IHBG procurement? 1000.54 What procedures apply to com-plaints arising out of any of the methods of providing for Indian preference? 1000.56 How are NAHASDA funds paid by HUD to recipients? 1000.58 Are there l
20、imitations on the invest-ment of IHBG funds? 1000.60 Can HUD prevent improper expendi-ture of funds already disbursed to a re-cipient? 1000.62 What is considered program income and what restrictions are there on its use? Subpart BAffordable Housing Activities 1000.101 What is affordable housing? 100
21、0.102 What are eligible affordable hous-ing activities? 1000.103 How may IHBG funds be used for tenant-based or project-based rental as-sistance? 1000.104 What families are eligible for af-fordable housing activities? 1000.106 What families receiving assistance under title II of NAHASDA require HUD
22、approval? 1000.108 How is HUD approval obtained by a recipient for housing for non low-income Indian families and model activities? 1000.110 Under what conditions may non low-income Indian families participate in the program? 1000.112 How will HUD determine whether to approve model housing activitie
23、s? 1000.114 How long does HUD have to review and act on a proposal to provide assist-ance to non low-income Indian families or a model housing activity? 1000.116 What should HUD do before declin-ing a proposal to provide assistance to non low-income Indian families or a model housing activity? 1000.
24、118 What recourse does a recipient have if HUD disapproves a proposal to provide assistance to non low-income Indian fam-ilies or a model housing activity? 1000.120 May a recipient use Indian pref-erence or tribal preference in selecting families for housing assistance? 1000.122 May NAHASDA grant fu
25、nds be used as matching funds to obtain and leverage funding, including any Federal or state program and still be considered an af-fordable housing activity? 1000.124 What maximum and minimum rent or homebuyer payment can a recipient charge a low-income rental tenant or homebuyer residing in housing
26、 units as-sisted with NAHASDA grant amounts? 1000.126 May a recipient charge flat or in-come-adjusted rents? 1000.128 Is income verification required for assistance under NAHASDA? 1000.130 May a recipient charge a non low- income family rents or homebuyer pay-ments which are more than 30 percent of
27、the familys adjusted income? 1000.132 Are utilities considered a part of rent or homebuyer payments? 1000.134 When may a recipient (or entity funded by a recipient) demolish or dis-pose of current assisted stock? 1000.136 What insurance requirements apply to housing units assisted with NAHASDA grant
28、s? 1000.138 What constitutes adequate insur-ance? 1000.139 What are the standards for insur-ance entities owned and controlled by re-cipients? 1000.140 May a recipient use grant funds to purchase insurance for privately owned housing to protect NAHASDA grant amounts spent on that housing? 1000.142 W
29、hat is the useful life during which low-income rental housing and low-income homebuyer housing must re-main affordable as required in sections 205(a)(2) and 209 of NAHASDA? VerDate Mar2010 10:07 May 20, 2011 Jkt 223080 PO 00000 Frm 00711 Fmt 8010 Sfmt 8010 Y:SGML223080.XXX 223080erowe on DSK5CLS3C1P
30、ROD with CFRProvided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-702 24 CFR Ch. IX (4111 Edition) Pt. 1000 1000.144 Are Mutual Help homes developed under the 1937 Act subject to the useful life provisions of section 205(a)(2)? 1000.146 Are homebuyers requ
31、ired to remain low-income throughout the term of their participation in a housing program fund-ed under NAHASDA? 1000.150 How may Indian tribes and TDHEs receive criminal conviction information on adult applicants or tenants? 1000.152 How is the recipient to use criminal conviction information? 1000
32、.154 How is the recipient to keep crimi-nal conviction information confidential? 1000.156 Is affordable housing developed, ac-quired, or assisted under the IHBG pro-gram subject to limitations on cost or design standards? 1000.158 How will a NAHASDA grant recipi-ent know that the housing assisted un
33、der the IHBG program meets the require-ments of 1000.156? 1000.160 Are non-dwelling structures devel-oped, acquired or assisted under the IHBG program subject to limitations on cost or design standards? 1000.162 How will a recipient know that non- dwelling structures assisted under the IHBG program
34、meet the requirements of 1000.160? Subpart CIndian Housing Plan (IHP) 1000.201 How are funds made available under NAHASDA? 1000.202 Who are eligible recipients? 1000.204 How does an Indian tribe designate itself as recipient of the grant? 1000.206 How is a TDHE designated? 1000.208 What happens if a
35、n Indian tribe had two IHAs as of September 30, 1996? 1000.210 What happens to existing 1937 Act units in those jurisdictions for which In-dian tribes do not or cannot submit an IHP? 1000.212 Is submission of an IHP required? 1000.214 What is the deadline for submission of an IHP? 1000.216 What happ
36、ens if the recipient does not submit the IHP to the Area ONAP by July 1? 1000.218 Who prepares and submits an IHP? 1000.220 What are the minimum require-ments for the IHP? 1000.222 Are there separate IHP require-ments for small Indian tribes and small TDHEs? 1000.224 Can any part of the IHP be waive
37、d? 1000.226 Can the certification requirements of section 102(c)(5) of NAHASDA be waived by HUD? 1000.228 If HUD changes its IHP format will Indian tribes be involved? 1000.230 What is the process for HUD review of IHPs and IHP amendments? 1000.232 Can an Indian tribe or TDHE amend its IHP? 1000.234
38、 Can HUDs determination regarding the non-compliance of an IHP or a modi-fication to an IHP be appealed? 1000.236 What are eligible administrative and planning expenses? 1000.238 What percentage of the IHBG funds can be used for administrative and plan-ning expenses? 1000.240 When is a local coopera
39、tion agree-ment required for affordable housing ac-tivities? 1000.242 When does the requirement for ex-emption from taxation apply to afford-able housing activities? Subpart DAllocation Formula 1000.301 What is the purpose of the IHBG formula? 1000.302 What are the definitions applicable for the IHB
40、G formula? 1000.304 May the IHBG formula be modified? 1000.306 How can the IHBG formula be modi-fied? 1000.308 Who can make modifications to the IHBG formula? 1000.310 What are the components of the IHBG formula? 1000.312 What is current assisted stock? 1000.314 What is formula current assisted stoc
41、k? 1000.315 Is a recipient required to report changes to the Formula Current Assisted Stock (FCAS) on the Formula Response Form? 1000.316 How is the Formula Current As-sisted Stock (FCAS) Component devel-oped? 1000.317 Who is the recipient for funds for current assisted stock which is owned by state
42、-created Regional Native Housing Authorities in Alaska? 1000.318 When do units under Formula Cur-rent Assisted Stock cease to be counted or expire from the inventory used for the formula? 1000.319 What would happen if a recipient misreports or fails to correct Formula Current Assisted Stock (FCAS) i
43、nforma-tion on the Formula Response Form? 1000.320 How is Formula Current Assisted Stock adjusted for local area costs? 1000.322 Are IHA financed units included in the determination of Formula Current Assisted Stock? 1000.324 How is the need component devel-oped? 1000.325 How is the need component a
44、d-justed for local area costs? 1000.326 What if a formula area is served by more than one Indian tribe? 1000.327 What is the order of preference for allocating the IHBG formula needs data for Indian tribes in Alaska not located on reservations due to the unique cir-cumstances in Alaska? VerDate Mar2
45、010 10:07 May 20, 2011 Jkt 223080 PO 00000 Frm 00712 Fmt 8010 Sfmt 8010 Y:SGML223080.XXX 223080erowe on DSK5CLS3C1PROD with CFRProvided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-703 Asst. Secry., for Public and Indian Housing, HUD Pt. 1000 1000.328 What
46、 is the minimum amount that an Indian tribe may receive under the need component of the formula? 1000.330 What are the data sources for the need variables? 1000.332 Will data used by HUD to determine an Indian tribes or TDHEs formula allo-cation be provided to the Indian tribe or TDHE before the all
47、ocation? 1000.334 May Indian tribes, TDHEs, or HUD challenge the data from the U.S. Decen-nial Census or provide an alternative source of data? 1000.336 How may an Indian tribe, TDHE, or HUD challenge data or appeal HUD for-mula determinations? 1000.340 What if an Indian tribe is allocated less fund
48、ing under the IHBG Formula than it received in Fiscal Year (FY) 1996 for operating subsidy and modernization? Subpart EFederal Guarantees for Financing of Tribal Housing Activities 1000.401 What terms are used throughout this subpart? 1000.402 Are State recognized Indian tribes eligible for guarante
49、es under title VI of NAHASDA? 1000.404 What lenders are eligible for par-ticipation? 1000.406 What constitutes tribal approval to issue notes or other obligations under title VI of NAHASDA? 1000.408 How does an Indian tribe or TDHE show that it has made efforts to obtain financing without a guarantee and can-not complete such financing in a timely manner? 1000.410 What conditions shall HUD pre-scribe when providing a guarantee for notes or other obligations issued by
