What's New on Codetalk
Visit ONAP's COVID-19 Recovery Programs webpage to view Waivers, Program Notices and Guidance and Training Materials related to IHBG-CARES, ICDBG-CARES, IHBG-ARP and ICDBG-ARP.
The Office of Native American Programs is working tirelessly to support all of our Tribal housing partners as we deal with the impact of COVID-19 as a Nation. The safety and security of Native American families, Tribal housing staff, and all in Indian Country is our top priority. For more information and resources related to COVID-19, please visit: www.hud.gov/coronavirus
Section 184/184A Home Loan Guarantee Updates
The proposed rule for the Section 184 Indian Home Loan Guarantee Program was published in the Federal Register on December 21, 2022. The public comment period ends on March 17, 2023. HUD will be holding Tribal consultations on the proposed rule in January and February. For more information visit our Tribal Consultation webpage and select Section 184 Regulations from the side menu.
Section 184 Tribal Consultation Resources
Tribal Consultation Schedule
Dear Lender Letter - 2022-06: Skilled Workers Demonstration
Attachment: Use Agreement
A full listing of Dear Lender Letters can be found at: OLG Dear Lender Letters. For any questions about these resources, please contact the Office of Loan Guarantee at OLGINFO@hud.gov
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REMINDER! Census Challenges for the FY 2024 IHBG Needs data must be submitted no later than March 30, 2023, for consideration for the FY 2024 IHBG formula allocation estimates.
More information about the draft policy, Departmental Policy for Addressing Radon in the Environmental Review Policy, including a link to the draft policy document and information how to submit comments to the public comment docket, can be found here: Federal Register: Addressing Radon in the Environmental Review Process; Request for Comment. The public comment docket closes on April 14, 2023.
NATIONAL BEST PRACTICE WEBINAR - Swinomish Indian Tribal Community Section 184 Subdivision - March 28, 2023 @ 1:00pm eastern
Join the U.S. Department of Housing and Urban Development and the U.S. Department of the Treasury on March 28, 2023 at 1:00 pm eastern to learn about leveraging federal agency funding to support Tribal housing development.
The Swinomish Indian Tribal Community is currently using private funds combined with HUD’s Section 184 Indian Home Loan Guarantee Program to develop 16 homeownership units for tribal members. They also plan to develop Elder Cottage homes with State and Local Fiscal Recovery Funds (SLFRF) from Treasury as part of the funding stack. Learn more about the Swinomish Tribe’s journey into homeownership development and hear experts from HUD and Treasury discuss the use of Section 184 guaranteed loans and SLFRF to invest in the development of vibrant, resilient tribal communities.
March 28, 2023 - 1:00 pm eastern
Attendees may pre-register at https://bit.ly/ONAPwebinarMarch28 to receive a join link for the event.
You can find past National Best Practice webinars here, including this session on the Chickasaw Nation Construction-Related Employment and Training Programs.
WEBINAR ON SECTION 184 SKILLED WORKER DEMONSTRATION PROGRAM - April 6, 2023 at 2:00 pm eastern
Curious about how you can develop new housing to attract skilled workers to your community? Under the Demonstration, Tribes/TDHEs may obtain a loan from a Section 184 approved Lender for the construction of rental housing for Skilled Workers within a Tribe’s Section 184 Indian Area. Tribes/TDHEs may utilize the Demonstration to construct one to four family dwelling unit(s).
The Section 184 program allows Tribes/TDHEs to obtain multiple loans, subject to underwriting requirements, to foster the construction of Skilled Workers housing within their communities. The Tribes/TDHEs would use the rental payments received from the Skilled Workers tenant(s) to pay for the Section 184 Guaranteed Loan’s monthly debt service. As an incentive for Tribes/TDHEs to participate in the Demonstration, the Demonstration reduces the Section 184 Upfront Fee to $1 and eliminates the Annual Guarantee Fees.
Join us ten minutes prior to log-in to Webex: https://ems8.intellor.com/login/847267
Vacancy Announcement - Native American Program Specialist, GS-11-13
Location: Washington, D.C.
Open: March 18, 2023
Closes: March 31, 2023
As a Native American Programs Specialist, you will:
- Provide guidance in developing solutions, and making recommendations to the ONAP Leadership or staff, as appropriate.
- Review feedback received from tribal communities to assure that goals are being achieved and services are being provided in a timely manner consistent with the authorities and policies of HUD.
- Assist in the preparation of and assist or conduct informational, technical assistance, and/or training meetings/conferences on HUD programs for Indian tribes, their members and housing representatives, trade and professional groups, business and financial institutions, as appropriate.
- Act as a contact point for other HUD staff on Native American issues and clients, primarily within the assigned jurisdiction but may also address issues on a nationwide basis, as appropriate.
- Utilize available technology to track projects and to prepare and deliver presentations. Assist in the development of reports, spreadsheets etc. which effectively and efficiently provides information, tracks goals, monitors.
Vacancy Announcement - Native Hawaiian Program Specialist, GS-13
Location: Honolulu, HI
Open: March 14, 2023
Closes: March 27, 2023
As a Native Hawaiian Program Specialist, you will:
- Implement policies, program standards, procedures and guidelines (e.g. for use by program recipients and lenders) in response to the unique problems and issues related to Hawaiian Home Lands and other Native Hawaiian programs.
- Provide proactive services and technical assistance to Native Hawaiian Housing Block Grant (NHHBG) recipients to prevent or mitigate problems related to administration and implementation of applicable programs.
- Monitor performance indicators and implements long-term proactive performance trending to identify potential problems and effect solutions before they reach the problem state. Uses available resources to develop solutions to complex and data-specific problems. Tracks the effectiveness of implemented solutions through on-site visits, interviews with appropriate personnel, and remote monitoring.
- Evaluate loan files for compliance with sound underwriting decisions, prudent loan origination/servicing practices and compliance with loan guarantee program requirements.
FY 2023 Indian Housing Block Grant Formula Final Allocation
The purpose of this Dear Tribal Leader letter is to inform Tribes and Tribally Designated Housing Entities (TDHE) of their Indian Housing Block Grant (IHBG) Final Allocation for Fiscal Year (FY) 2023. HUD is posting the following information on-line at: https://ihbgformula.com/final-allocation-forms-fy-2023/:
- FY 2023 IHBG Allocation and Formula Data Sheets
- FY 2023 Correction/Challenge Log showing changes to the IHBG database between May 19, 2022, and February 13, 2023.
Tribes/TDHEs must review their data on the FY 2023 IHBG Allocation and Formula Data Sheets and report any changes to the IHBG Formula Customer Service Center. Please note the recent change of mailing address to the IHBG Formula Customer Service Center. Census Challenges for the FY 2024 IHBG Needs data must be submitted no later than March 30, 2023, for consideration for the FY 2024 IHBG formula allocation estimates.
HUD Revises Section 8/Part 5 Definition of “Annual income”
Earlier this month, HUD released a Final Rule implementing Sections 102, 103, and 104 of the Housing Opportunity Through Modernization Act of 2016 (HOTMA). This rule makes changes to the section 8/part 5 rules on how income is calculated for families. While most of these changes will not impact ONAP programs, the rule does make changes to the definition of annual income in 24 CFR 5.609. Many Tribes and TDHEs follow or adopt this definition of annual income when implementing their IHBG program. The effective date for 24 CFR 5.609 is January 1, 2024. ONAP will be developing guidance and training to help tribes and TDHEs that use the Section 8 definition of annual income adjust policies to reflect the new rules. We will be in touch with more information in the near future.
Seeking Public Comments on New OMB Build America, Buy America Proposed Rule
As you may know, the Build America, Buy America (BABA) Act provisions of the Infrastructure Investment and Jobs Act were enacted on November 15, 2021. Earlier this month, the Office of Management and Budget (OMB) published a new proposed rule on the implementation of BABA. The proposed rule provides additional guidelines on BABA.
HUD encourages Tribes and TDHEs to comment on the proposed rule. The deadline to provide comments is March 13th. As a reminder, HUD previously issued a waiver of BABA applicable to Tribes, TDHEs, and other Tribal entities. The waiver is effective through May 13th, 2023.
Notice PIH 2023-01 - Recent Changes to the Federal Micro-Purchase and Simplified Acquisition Thresholds
This Notice informs Tribes and Tribally Designated Housing Entities about increases to the micro-purchase and simplified acquisition thresholds for Federal grant programs. The micro-purchase threshold has increased from $10,000 to $50,000. Additionally, the simplified acquisition threshold is now $250,000. Tribal grantees will now have increased flexibility when conducting procurement under the IHBG and ICDBG programs. Please read the Notice for additional information and contact your Area ONAP with any questions regarding this Notice.
HUD published a Request for Information (RFI) in Federal Register regarding the Fiscal Year 2023 Learning Agenda Supplement
HUD’s Office of Policy Development and Research (PD&R) seeks public input regarding potential additions and adjustments to the Department’s published Learning Agenda to reflect changes in learning priorities since March 2022. Information provided in response to this RFI will inform the development of the ‘‘Learning Agenda Supplement: Fiscal Year 2023’’ that HUD will publish to accompany the 2022–2026 Learning Agenda to document updates to the
Department’s priority learning needs. ONAP encourages Tribes to review the Learning Agenda Supplement and consider submitting suggestions on research topics related to HUD’s Tribal programs:
Notice PIH 2023-02- Closeout Instructions for the Tribal Housing and Urban Development-Veteran Affairs Supportive Housing (Tribal HUD-VASH) Grant Program
This Notice provides the Tribal HUD-VASH closeout procedures. Grant closeout occurs when HUD determines that a grantee has completed all applicable administrative and programmatic requirements of a grant. This Notice explains the readiness determination and instructions for grant closeouts for the Tribal HUD-VASH program.
HUD Announces Publication of the Continuum of Care (CoC) Program Series for Tribal Communities and Organizations New to the CoC Program
The SNAPS Office has published the first set of resources from the Continuum of Care (CoC) Program Series for Tribal Communities and Organizations New to the CoC Program. The intended purpose of this series is to inform Tribes, Tribally Designated Housing Entities (TDHEs), and other organizations about the CoC Program, its purpose, eligible activities, and funding opportunities.
Now that Indian Tribes and TDHEs are eligible to participate in the CoC Program, they have a new opportunity to combat homelessness and housing instability in their communities. HUD is providing information and offering guidance about the CoC Program to support Tribes and TDHEs so they may decide whether to participate in the program now or in the future.
Please visit this page for additional information.
Department of Energy Announces $22 million in Cash Prizes for Energy Efficient Building Upgrades
Buildings UP provides more than $22 million in cash prizes and technical assistance to support the transformation of existing U.S. buildings into more energy-efficient and clean energy-ready homes, commercial spaces, and communities. Buildings UP is an American-Made Challenge funded by the U.S. Department of Energy Building Technologies Office and administered by the National Renewable Energy Laboratory. Upgrades may include transitioning to efficient electric equipment, including heat pumps and heat pump water heaters, and improving building efficiency through measures such as insulation and air sealing. Together, efforts will help reduce carbon emissions and energy costs while improving indoor air quality and occupant comfort. Learn more here.
Native Hawaiian Housing Block Grant Proposed Rule Published
The U.S. Department of Housing and Urban Development (HUD) issued a proposed rule change on the Native Hawaiian Housing Block Grant (NHHBG) to clarify and improve consistency with the Native American Housing Assistance and Self-Determination Act (NAHASDA) and HUD's Indian Housing Block Grant (IHBG) program regulations. HUD reviewed its regulations and determined they do not adequately explain how NHHBG funds may be used for rental assistance and could be revised to better support a successful rental housing program. HUD believes that this proposed rule will help increase affordable housing opportunities for eligible Native Hawaiian families through NHHBG-assisted rental housing, while relieving burdens on DHHL. The rule covers such topics as what eligible affordable housing activities are, who qualifies as low-income families, income verification, tenant and project based rental assistance, and technical changes to better align with IHBG.
The proposed rule is now open for public comment. HUD strongly encourages commenters to submit comments electronically through the Federal eRulemaking Portal at www.regulations.gov. To read the proposed rule, click here.
Indian Housing Block Grant Competitive Program Frequently Asked Questions Published
Please visit the Indian Housing Block Grant Competitive program website to view FAQs.
Requests for Information published in the Federal Register regarding the Community Development Block Grant-Disaster Recovery (CDBG-DR) program
This week, HUD published two Requests for Information in the Federal Register regarding the Community Development Block Grant-Disaster Recovery (CDBG-DR) program. This program provides grants to States, local governments, and Indian tribes after a major disaster to help with resilient long-term recovery.
The first RFI seeks feedback from the public on ways to improve the CDBG-DR program. It includes the following question regarding Indian tribes and the CDBG-DR program:
Congress has recently identified Indian tribes as eligible CDBG–DR grantees but there are currently no Indian tribes in HUD’s CDBG–DR portfolio. Are there revisions to HUD’s CDBG–DR policies that should be considered to capture tribal recovery needs more effectively? (Please also see the request for information from the public on the need for any revisions to HUD’s allocation formula to better capture Tribal recovery needs published elsewhere in today’s Federal Register.) The RFI can be found here.
The second RFI seeks feedback on the allocation formula that HUD uses to allocate funding under the CDBG-DR program. It includes the following question with respect to Indian tribes:
Question 22. What criteria should HUD use when determining if an allocation should be made directly to local governments and Indian tribes (as that term is defined under section 102(a) of the Housing and Community Development Act of 1974) versus the full allocation to a state government? Should HUD take into account grantee capacity when deciding on either providing a direct grant and/or amount of the grant? The RFI can be found here.
Interested persons may submit comments electronically through the Federal eRulemaking Portal at https://www.regulations.gov. The deadline to submit comments is February 21, 2023. ONAP highly encourages Tribes and TDHEs to provide their feedback to HUD.
Section 184 Skilled Workers Program
On November 29, 2022, the Office of Native American Programs (ONAP) issued Dear Lender Letter 2022-06, which implemented the Section 184 Skilled Workers Demonstration Program (Demonstration). The Demonstration allows Tribes and Tribally Designated Housing Entities (TDHEs) to utilize Section 184 Indian Home Loans to build new housing for skilled workers in and outside of Indian Country. Many Tribes are unable to attract skilled workers to live and work in their communities, primarily due to community remoteness and/or lack of available housing. Housing constructed with the Demonstration loan may be single units or up to a maximum of four attached units (a four-plex). To incentivize participation in the Demonstration, the Section 184 Upfront Fee is reduced to $1 and the Annual Guarantee fee is waived for the life of the loan. For more details, please see Dear Lender Letter 2022-06 here.
HUD Announces Tribal Intergovernmental Advisory Committee
To further strengthen the relationships with Tribal nations, HUD has formed its first Tribal Intergovernmental Advisory Committee (TIAC). The TIAC consists of fifteen (15) duly elected Tribal leaders and HUD leadership that will meet to discuss the impacts of HUD programs and policies. The TIAC’s work will not replace Tribal consultation, but rather serve as a supplement to help inform HUD policy formulation. The TIAC announcement in the Federal Register can be found here. The Press Release can be found here.
HUD Issues Four Additional Waivers Related to Build America, Buy America Act
HUD recently published four additional waivers in the Federal Register related to the Buy America Domestic Content Procurement Preference (BAP). The waivers can be found here and here. The BAP is part of the Build America, Buy America Act (BABA) that was included in the Infrastructure Investment and Jobs Act in November 2021. BABA requires that infrastructure projects funded with Federal Financial Assistance use iron, steel, manufactured products, and construction materials that are produced in the United States. However, Federal agencies also have the authority to issue waivers if in the public interest.
Under the four new waivers, the BAP will not apply:
- to infrastructure projects whose total cost is an amount equal to or less than the Simplified acquisition threshold, which is currently $250,000;
- for all Small Grants of Federal Financial Assistance that are equal to or below $250,000;
- for Minor Components of an infrastructure project, such that a cumulative total of no more than a total of 5 percent of the total cost of the iron, steel, manufactured products, and construction materials used in and incorporated into the infrastructure project, up to a maximum of $1 million; and
- in exigent circumstances where life, safety and property could be negatively impacted due to the amount of time needed to secure BAP compliant materials.
As a reminder, HUD previously issued a general applicability waiver that delays the applicability of the requirements of BABA for Tribes and TDHEs that are recipients of HUD programs until at least May 14, 2023 (please see Notice here). HUD is working with its partner Federal agencies to review and consider all Tribal feedback provided during Tribal consultation on BABA and will provide additional information on the applicability of BABA on Tribes and TDHEs in the near future.
Dear Tribal Leader- Tribal Consultation – Indian Community Development Block Grant – Imminent Threat Grant Ceilings and General Programmatic Improvements
Program Guidance 2022-01 - Income Limits for the IHBG program under the Native American Housing Assistance and Self-Determination Act of 1996 (NAHASDA)
This guidance replaces Program Guidance 2021-01 and provides the latest Housing and Urban Development (HUD) Income Limits applicable to the Indian Housing Block Grant (IHBG) program.
Bipartisan Infrastructure Law Tribal Playbook: A roadmap for delivering opportunity and investments in Indian Country
The Bipartisan Infrastructure Law (BIL) provides more than $13 billion in funding to directly support Tribal communities and makes Tribes eligible to apply for or request billions in discretionary, formula, and other funding. In total, this funding represents the single largest investment in Tribal infrastructure ever. This funding will deploy record investments to provide affordable high-speed internet, safer roads and bridges, modern wastewater and sanitation systems, clean drinking water, reliable and affordable electricity, and good paying jobs in every Tribal community. To help Tribal applicants navigate the full range of funds both available to Tribal Nations and set aside for their communities, this playbook provides an overview of the “what, when, where, and how” to apply for funds.
Treasury’s ERA Reporting page for Tribes, TDHEs, and DHHL
Fiscal Year 2023 President’s Budget and HUD Strategic Plan Released
On March 28, 2022, the Biden-Harris Administration submitted to Congress the President’s Budget for Fiscal Year 2023. The President’s Budget requests $71.9 billion for the Department of Housing and Urban Development. The Budget In Brief can be found here. ONAP’s programs can be found on pages 9 and 12.
Also, HUD’s Strategic Plan for Fiscal Years 2022-2026 has been released. The Strategic Plan can be found here.
Dear Tribal Leader Letter - Introducing ONAP’s new Tribal Climate Resilience and Adaptation Website
ONAP has created a Tribal climate resilience and adaptation website specifically for Tribes. The site pulls together tools and resources that are tailored to Tribes, including maps, data sets, and adaptation plans. It also includes information on Federal funding that supports Tribes addressing climate change, as well as case studies. As a reminder, technical assistance is available to achieve your climate planning and adaptation activities. Please reach out to your Area ONAP Office to submit your request.
Regulatory and Administrative Requirement Flexibilities Available to Native American Programs During CY 2022 and CY 2023 to Tribal Grantees To Assist With Recovery and Relief Efforts on Behalf of Families Affected by Presidentially Declared Disasters
This notification advises the public of waivers and flexibilities from HUD requirements for its Indian Housing Block Grant (IHBG), Indian Community Development Block Grant (ICDBG), and Native Hawaiian Housing Block Grant (NHHBG) grantees located in areas that are covered by Presidentially Declared Disasters (PDDs).
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