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| 14.869 TITLE VI FEDERAL GUARANTEES FOR FINANCING TRIBAL HOUSING ACTIVITIES |
| 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. |
| OBJECTIVES |
| 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. |
| 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. |
| 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. |
| Preapplication 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 and the mortgage meets the Title VI Program underwriting criteria. 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 |
| None. |
| Formula and Matching Requirements |
| Borrowers may be required to pledge security in addition to IHBG funds to secure the remaining 5 percent of the loan balance that is not secured by the 95 percent federal loan guarantee. |
| 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's approval. |
| 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. |
| Account Identification |
| 86-0313-0-1-604. |
| Obligations |
| (Loans guaranteed/commitment level) FY 07 $12,457,000; FY 08 est $17,000,000; and FY 09 est $17,000,000. |
| 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 are 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). |
| Regional or Local Office |
| None (see Headquarters Office below). |
| Headquarters Office |
| Robert Lamp, Loan Guarantee Specialist, Office of Loan Guarantee, Department of Housing and Urban Development, Office of Native American Programs, Room 4126, 451 Seventh Street, S.W., Washington, DC 20410. Telephone: (202) 402-4134, (This is not a toll free number). |
| Web Site Address |
| http://www.hud.gov/offices/pih/ih/homeownership/titlevi/ |
| RELATED PROGRAMS |
| 14.865, Public and Indian Housing_Indian Loan Guarantee Program. |
| 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 (http://www.hud.gov/offices/pih/ih/homeownership/titlevi/). |
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General Services Administration Office of Chief Acquisition Officer Regulatory and Federal Assistance Division (VIR) |
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