1、748 24 CFR Ch. IX (4111 Edition) Pt. 1003 Let TEST = GRANT1 OPMOD96. If TEST is less than 0, then GRANT2 = OPMOD96. If TEST is greater than 0 and GRANT1 MINFUNDING, then GRANT2 = GRANT1 UNDER1996 * (TEST / OVER1996). Where: OPMOD96 = funding received by tribe in FY 1996 for Operating Subsidy and Mod
2、erniza-tion. UNDER1996 = for all tribes with TEST less than 0, sum of the absolute value of TEST. OVER1996 = for all tribes with TEST greater than 0, sum of TEST. GRANT2 is the approximate grant amount in any given year for any given tribe. 72 FR 20026, Apr. 20, 2007 PARTS 10011002 RESERVED PART 100
3、3COMMUNITY DEVEL-OPMENT BLOCK GRANTS FOR IN-DIAN TRIBES AND ALASKA NA-TIVE VILLAGES Subpart AGeneral Provisions Sec. 1003.1 Applicability and scope. 1003.2 Program objective. 1003.3 Nature of program. 1003.4 Definitions. 1003.5 Eligible applicants. 1003.6 Waivers. Subpart BAllocation of Funds 1003.1
4、00 General. 1003.101 Area ONAP allocation of funds. 1003.102 Use of recaptured and unawarded funds. Subpart CEligible Activities 1003.200 General policies. 1003.201 Basic eligible activities. 1003.202 Eligible rehabilitation and preser-vation activities. 1003.203 Special economic development ac-tivi
5、ties. 1003.204 Special activities by Community- Based Development Organizations (CBDOs). 1003.205 Eligible planning, urban environ-mental design and policy-planning-man-agement-capacity building activities. 1003.206 Program administration costs. 1003.207 Ineligible activities. 1003.208 Criteria for
6、compliance with the primary objective. 1003.209 Prohibition on use of assistance for employment relocation activities. Subpart DSingle Purpose Grant Application and Selection Process 1003.300 Application requirements. 1003.301 Selection process. 1003.302 Project specific threshold require-ments. 100
7、3.303 Project rating. 1003.304 Funding process. 1003.305 Program amendments. Subpart EImminent Threat Grants 1003.400 Criteria for funding. 1003.401 Application process. 1003.402 Availability of funds. Subpart FGrant Administration 1003.500 Responsibility for grant adminis-tration. 1003.501 Applicab
8、ility of uniform adminis-trative requirements and cost principles. 1003.502 Agreements with subrecipients. 1003.503 Program income. 1003.504 Use of real property. 1003.505 Records to be maintained. 1003.506 Reports. 1003.507 Public access to program records. 1003.508 Grant closeout procedures. 1003.
9、509 Force account construction. 1003.510 Indian preference requirements. 1003.511 Use of escrow accounts for rehabili-tation of privately owned residential property. Subpart GOther Program Requirements 1003.600 Faith-based activities. 1003.601 Nondiscrimination. 1003.602 Relocation and real property
10、 acqui-sition. 1003.603 Labor standards. 1003.604 Citizen participation. 1003.605 Environment. 1003.606 Conflict of interest. 1003.607 Lead-based paint. 1003.608 Debarment and suspension. Subpart HProgram Performance 1003.700 Review of grantees performance. 1003.701 Corrective and remedial actions.
11、1003.702 Reduction or withdrawal of grant. 1003.703 Other remedies for noncompliance. AUTHORITY: 42 U.S.C. 3535(d) and 5301 et seq. SOURCE: 61 FR 40090, July 31, 1996, unless otherwise noted. Redesignated at 62 FR 12349, Mar. 12, 1998. Subpart AGeneral Provisions 1003.1 Applicability and scope. The
12、policies and procedures described in this part apply to grants to eligible VerDate Mar2010 10:07 May 20, 2011 Jkt 223080 PO 00000 Frm 00758 Fmt 8010 Sfmt 8010 Y:SGML223080.XXX 223080erowe on DSK5CLS3C1PROD with CFRProvided by IHSNot for ResaleNo reproduction or networking permitted without license f
13、rom IHS-,-,-749 Asst. Secry., for Public and Indian Housing, HUD 1003.4 applicants under the Community De-velopment Block Grant (CDBG) pro-gram for Indian tribes and Alaska na-tive villages. 1003.2 Program objective. The primary objective of the Indian CDBG (ICDBG) Program and of the community devel
14、opment program of each grantee covered under the Act is the development of viable Indian and Alaska native communities, including decent housing, a suitable living envi-ronment, and economic opportunities, principally for persons of low and mod-erate income. The Federal assistance provided in this p
15、art is not to be used to reduce substantially the amount of tribal financial support for community development activities below the level of such support before the availability of this assistance. 1003.3 Nature of program. The selection of single purpose grant-ees under subpart B of this part is co
16、m-petitive in nature. Therefore, selection of grantees for funds will reflect con-sideration of the relative adequacy of applications in addressing tribally de-termined need. The selection of grant-ees of imminent threat grants under the provisions of subpart B of this part is not competitive in nat
17、ure. However, applicants for funding under either subpart must have the administrative capacity to undertake the community development activities proposed, in-cluding the systems of internal control necessary to administer these activi-ties effectively without fraud, waste, or mismanagement. 1003.4
18、Definitions. Act means Title I of the Housing and Community Development Act of 1974, as amended (42 U.S.C. 5301 et seq.) Area ONAPs mean the HUD Offices of Native American Programs having field office responsibility for the ICDBG Program. Assistant Secretary means the Assist-ant Secretary for Public
19、 and Indian Housing. Buildings for the general conduct of government mean office buildings and other facilities in which the legisla-tive, judicial or general administrative affairs of the government are con-ducted. This term does not include such facilities as neighborhood service centers or specia
20、l purpose buildings lo-cated in low and moderate income areas that house various non-legisla-tive functions or services provided by the government at decentralized loca-tions. Chief executive officer means the elect-ed official or legally designated official who has the prime responsibility for the
21、conduct of the affairs of an Indian tribe or Alaska native village. Eligible Indian population means the most accurate and uniform population data available from data compiled and published by the United States Bureau of the Census available from the latest census referable to the same point or peri
22、od of time for Indian tribes and Alaska native villages eligible under this part. Extent of overcrowded housing means the number of housing units with 1.01 or more persons per room, based on data compiled and published by the United States Bureau of the Census available from the latest census ref-er
23、able to the same point or period of time. Extent of poverty means the number of persons whose incomes are below the poverty level, based on data compiled and published by the United States Bu-reau of the Census referable to the same point or period in time and the latest reports from the Office of M
24、an-agement and Budget. HUD means the Department of Hous-ing and Urban Development. ICDBG Program means the Indian Community Development Block Grant Program. Identified service area means: (1) A geographic location within the jurisdiction of a tribe (but not the en-tire jurisdiction) designated in co
25、m-prehensive plans, ordinances, or other tribal documents as a service area; (2) The Bureau of Indian Affairs (BIA) service area, including residents of areas outside the geographic jurisdic-tion of the tribe; or (3) The entire area under the jurisdic-tion of a tribe which has a population of member
26、s of under 10,000. Imminent threat means a problem which if unresolved or not addressed VerDate Mar2010 10:07 May 20, 2011 Jkt 223080 PO 00000 Frm 00759 Fmt 8010 Sfmt 8010 Y:SGML223080.XXX 223080erowe on DSK5CLS3C1PROD with CFRProvided by IHSNot for ResaleNo reproduction or networking permitted with
27、out license from IHS-,-,-750 24 CFR Ch. IX (4111 Edition) 1003.5 will have an immediate negative im-pact on public health or safety. Low and moderate income beneficiary means a family, household, or indi-vidual whose income does not exceed 80 percent of the median income for the area, as determined
28、by HUD, with ad-justments for smaller and larger house-holds or families. However, HUD may establish income ceilings higher or lower than 80 percent of the median for the area on the basis of HUDs findings that such variations are necessary be-cause of unusually high or low house-hold or family inco
29、mes. In reporting income levels to HUD, the applicant must include and identify the distribu-tions of tribal or village income to families, households, or individuals. Microenterprise means a business that has five or fewer employees, one or more of whom owns the enterprise. Secretary means the Secr
30、etary of HUD. Small business means a business that meets the criteria set forth in section 3(a) of the Small Business Act (15 U.S.C. 631, 636, and 637). Subrecipient means a public or private nonprofit agency, authority or organi-zation, or a for-profit entity described in 1003.201(o), receiving ICD
31、BG funds from the grantee or another sub-recipient to undertake activities eligi-ble for assistance under subpart C of this part. The term excludes a CBDO receiving ICDBG funds from the grant-ee under the authority of 1003.204, un-less the grantee explicitly designates it as a subrecipient. The term
32、 does not include contractors providing supplies, equipment, construction or services subject to the procurement require-ments in 24 CFR 85.36 or in 24 CFR Part 84, as applicable. Tribal government, Tribal governing body or Tribal council means the gov-erning body of an Indian tribe or Alas-ka nativ
33、e village as recognized by the Bureau of Indian Affairs. Tribal resolution means the formal manner in which the tribal government expresses its legislative will in accord-ance with its organic documents. In the absence of such organic documents, a written expression adopted pursuant to tribal practi
34、ces will be acceptable. URA means the Uniform Relocation and Real Property Acquisition Policies Act of 1970, as amended (42 U.S.C. 4601 et. seq.). 1003.5 Eligible applicants. (a) Eligible applicants are any Indian tribe, band, group, or nation, including Alaska Indians, Aleuts, and Eskimos, and any
35、Alaska native village of the United States which is considered an eligible recipient under Title I of the Indian Self-Determination and Edu-cation Assistance Act (25 U.S.C. 450) or which had been an eligible recipient under the State and Local Fiscal As-sistance Act of 1972 (31 U.S.C. 1221). Eli-gib
36、le recipients under the Indian Self- Determination and Education Assist-ance Act will be determined by the Bu-reau of Indian Affairs and eligible re-cipients under the State and Local Fis-cal Assistance Act of 1972 are those that have been determined eligible by the Department of Treasury, Office of
37、 Revenue Sharing. (b) Tribal organizations which are el-igible under Title I of the Indian Self- Determination and Education Assist-ance Act may apply on behalf of any Indian tribe, band, group, nation, or Alaska native village eligible under that act for funds under this part when one or more of th
38、ese entities have au-thorized the tribal organization to do so through concurring resolutions. Such resolutions must accompany the application for funding. Eligible tribal organizations under Title I of the In-dian Self-Determination and Education Assistance Act will be determined by the Bureau of I
39、ndian Affairs or the In-dian Health Service, as appropriate. (c) To apply for funding in a given fiscal year, an applicant must be eligi-ble as an Indian tribe or Alaska native village, as provided in paragraph (a) of this section, or as a Tribal organiza-tion, as provided in paragraph (b) of this s
40、ection, by the application submis-sion date. (Approved by the Office of Management and Budget under control number 25770191) 1003.6 Waivers. Upon determination of good cause, HUD may waive any provision of this part not required by statute. Each waiver must be in writing and must be supported by doc
41、umentation of the per-tinent facts and grounds. VerDate Mar2010 10:07 May 20, 2011 Jkt 223080 PO 00000 Frm 00760 Fmt 8010 Sfmt 8010 Y:SGML223080.XXX 223080erowe on DSK5CLS3C1PROD with CFRProvided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-751 Asst. Secry
42、., for Public and Indian Housing, HUD 1003.102 Subpart BAllocation of Funds 1003.100 General. (a) Types of grants. Two types of grants are available under the Indian CDBG Program. (1) Single purpose grants provide funds for one or more single purpose projects consisting of an activity or set of ac-t
43、ivities designed to meet a specific community development need. This type of grant is awarded through com-petition with other single purpose projects. (2) Imminent threat grants alleviate an imminent threat to public health or safety that requires immediate resolu-tion. This type of grant is awarded
44、 only after an Area ONAP determines that such conditions exist and if funds are available for such grants. (b) Size of grants(1) Ceilings. Each Area ONAP may recommend grant ceil-ings for single purpose grant applica-tions. Single purpose grant ceilings for each Area ONAP shall be established in the
45、 NOFA (Notice of Funding Avail-ability). (2) Individual grant amounts. An Area ONAP may approve a grant amount less than the amount requested. In doing so, the Area ONAP may take into account the size of the applicant, the level of demand, the scale of the activity proposed relative to need and oper
46、ational capacity, the number of persons to be served, the amount of funds required to achieve project objec-tives, the reasonableness of the project costs, and the administrative capacity of the applicant to complete the activi-ties in a timely manner. 61 FR 40090, July 31, 1996, unless otherwise no
47、ted. Redesignated at 62 FR 12349, Mar. 12, 1998, as amended at 66 FR 4580, Jan. 17, 2001; 66 FR 8176, Jan. 30, 2001 1003.101 Area ONAP allocation of funds. (a) Except as provided in paragraph (b) of this section, funds will be allo-cated to the Area ONAPs responsible for the program on the following
48、 basis: (1) Each Area ONAP will be allocated $1,000,000 as a base amount, to which will be added a formula share of the balance of the ICDBG Program funds, as provided in paragraph (a)(2) of this section. (2) The amount remaining after the base amount is allocated and any amount retained by the Head
49、quarters ONAP to fund imminent threat grants pursuant to the provisions of 1003.402 is subtracted, will be allocated to each Area ONAP based on the most recent data complied and published by the United States Bureau of the Census ref-erable to the same point or period in time, as follows: (i) Forty percent (40%) of the funds will be allocated based upon each Area ONAPs share of the total eligible In-dian population; (ii) Forty percent (40%) of t
