FEDERAL
AGENCY:
PUBLIC
AND INDIAN HOUSING, OFFICE OF NATIVE AMERICAN PROGRAMS, OFFICE OF
LOAN GUARANTEE, DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
AUTHORIZATION:
Native
American Housing Assistance and Self- Determination Act (NAHASDA)
of 1996, Public Law 104-330, 25 U.S.C. 401- 4212.
To
assist an Indian tribe or Tribally Designated Housing Entity (TDHE)
to obtain financing for affordable housing activities under Title
II of NAHASDA where an obligation cannot be completed without such
guarantee.
TYPES
OF ASSISTANCE:
Guaranteed/Insured Loans.
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USES
AND USE RESTRICTIONS:
Limited
to the eligible affordable housing activities listed in Section
202 of the NAHASDA to include Indian Housing Assistance, Development,
Housing Services, Housing Management Services, Crime Prevention
and Safety Activities, and Model Activities approved by the Secretary.
ELIGIBILITY
REQUIREMENTS:
Applicant
Eligibility: The applicant must be a Federally
recognized Indian tribe or TDHE that is either a beneficiary or
recipient of Indian Housing Block Grants (IHBG) funds.
Beneficiary
Eligibility: Indian tribes and their members
are the beneficiaries. A TDHE acts on behalf of a tribe, as authorized
by Tribal and TDHE resolutions.
Credentials/Documentation:
The applicant must provide the lender the documentation detailed
in the "Title VI Application Process", including the certifications
required under 24 CFR Section 1000.424(d) that the applicant possesses
the legal authority to pledge, and that it will, if approved,
make the pledge of IHBG funds required by section 602(a)(2) of
NAHASDA.
APPLICATION
AND AWARD PROCESS:
Pre-application
Coordination: Applicant submits a request for
a Preliminary Letter of Acceptance (PLA) to HUD. The PLA is HUD's
concurrence to proceed with the Title VI application. The PLA is
not an approval of the Title VI application or a commitment to approve
or guarantee the Title VI loan. This program is excluded from coverage
under E.O. 12372.
Application
Procedure: Eligible lenders are detailed in
the statute. The lender assembles the Title VI application package
and submits it to HUD. HUD will review the application for compliance
with Title VI of NAHASDA and the implementing regulations.
Award
Procedure: HUD issues a Letter of Firm Commitment
to the lender when HUD approves the Title VI application. The
lender then closes the loan and submits the closing package to
HUD for review. Following a successful review, HUD issues a Certificate
of Loan Guarantee to the lender.
Deadlines:
None.
Range
of Approval/Disapproval Time: The Title VI
regulation at 24 CFR 1000.430(a) states that HUD will make every
effort to approve an application within 30 days of the receipt
of a completed application, and if HUD is unable to do so, will
notify the lender (the applicant via the lender) within the 30
day time frame of the need for additional time to process the
application and/or if additional information is required.
Appeals:
HUD will notify the lender in writing that the application has
been reduced or disapproved and the specific reasons for the reduction
or the disapproval. The lender may submit additional documentation
to reverse the HUD decision.
Renewals:
Not applicable.
ASSISTANCE
CONSIDERATIONS:
Formula
and Matching Requirements: Borrowers may be
required to pledge security in addition to IHBG funds.
Length
and Time Phasing of Assistance: The term of
the loan may exceed 20 years, as approved by HUD. The lender and
applicant shall determine the terms of the repayment for each
project, subject to HUD approval.
POST
ASSISTANCE REQUIREMENTS:
Reports:
The lender will provide HUD a quarterly report on the guaranteed
loan, including the status of the guaranteed loan, the current principal
balance, and the amount collected during the quarter just ended.
Audits:
Participating lenders and closed loan files are reviewed to assure
compliance with the program's requirements.
Records:
Copies of loan files are maintained by HUD. The originating lender
must maintain a copy of the loan file for 2 years after loan is
guaranteed. The servicing lender must maintain a loan file for
the line of the loan plus 3 years.
FINANCIAL
INFORMATION:
Account
Identification: 86-0313-0-1-604.
Obligations:
(Guaranteed Loans) FY 01 $1,234,034; FY 02 est $52,726,000; and
FY 03 est $16,657,633.
Range
and Average of Financial Assistance:
A borrower's guaranteed obligations may not exceed an amount equal
to the borrower's IHBG, less the amount needed to operate and
maintain current assisted stock (CAS), times five (IHBG - CAS
X 5 = maximum guaranteed amount).
PROGRAM
ACCOMPLISHMENTS:
Title VI is a permanent program under Title VI of the NAHASDA.
REGULATIONS,
GUIDELINES, AND LITERATURE:
24 CFR Part 1000, subpart E; "The Title VI Application Process"
and promotional literature, available from HUD's National Program
Office of Native American Programs, Office of Loan Guarantee; and
the Title VI web page (see the address below).
INFORMATION
CONTACTS:
Regional
or Local Office: None (see Headquarters Office
below).
Headquarters
Office: Paul S. Jurkowski, Director of the
Office of Loan Guarantee, National Office of Native American Programs,
1999 Broadway, Denver, CO 80202. Telephone: 1.800.561.5913.
Web
Site Address: http://www.codetalk.fed.us/olg_titleVIindex.html
EXAMPLES
OF FUNDED PROJECTS:
Development of single family and multiple-family housing projects
or subdivisions; integration of infrastructure resources on tribal
lands; purchase and renovation of a mobile home lot.
CRITERIA
FOR SELECTING PROPOSALS:
Title VI and Section 202 of NAHASDA; criteria is detailed in the
"The Title VI Application Process" available from HUD's National
Program Office, Office of Loan Guarantee, and on the Title VI web
site.
