Important Indian Housing News

 

DOE Tribal Allocation Formula for the Tribal Home Electrification and Appliance Rebates Programs

The Department of Energy (DOE) has announced its allocation formula for the $225 million Tribal Home Electrification and Appliance Rebates program, funding energy efficiency and electrification home upgrades for Tribal households. This notice provides the tentative allocation formula developed by the DOE to distribute funds to Tribes, as well as the allocation amounts and data used to calculate allocations. DOE is proposing to use HUD’s FY23 Indian Housing Block Grant Allocation Formula to distribute funding to Tribes, with some modifications. HUD strongly encourages Tribes to submit comments to DOE on this proposed allocation method.This is a new program funded under the Inflation Reduction Act and will provide significant assistance to many Tribal families.

Public comment will be accepted through September 15. More information is available here.


Freddie Mac’s Heritage One Mortgage

The HeritageOneSM mortgage offering is an innovative financing solution designed to meet the borrowing needs of members of federally recognized Native American tribes living in tribal areas. With this offering, borrowers have access to conventional financing for various types of land ownership interests (e.g., tribal trust land, allotted trust land, unrestricted or restricted fee simple land, etc.) and for homes located within eligible Native American tribes’ tribal areas.

To use HeritageOne:

  • At least one borrower must be an enrolled member of a federally recognized Native American tribe who will occupy the property as their primary residence.
  • Regarding tribal eligibility, a federally recognized Native American tribe that has either entered into a memorandum of understanding with Freddie Mac or is listed in HUD’s most recent Section 184 Participating Tribes List is considered eligible. (Note: The mortgaged premises must be located in the tribal area of an eligible Native American tribe.)
  • For purchase transaction mortgages where all occupying borrowers are first-time homebuyers, at least one occupying borrower must complete a homeownership education program before the mortgage’s note date.

Key Lender Benefits:

  • Expand your reach and grow your business by offering conventional, fixed-rate mortgage financing for members of federally recognized Native American tribes living in tribal areas.
  • Access standardized mortgage guidelines and guidance from Freddie Mac to navigate the challenges of lending in tribal areas.
  • Offer financing for multiple residential property types, including condominiums and manufactured homes.
  • Meet market demand for more financing solutions for this historically underserved market and contribute to making housing more affordable and accessible. 

Key Borrower Benefits

  • Gain more home financing options.
  • Attain homeownership with a conventional mortgage solution.
  • Use funds from a variety of sources for the down payment, reserves and closing costs.
  • Receive a credit to offset any appraisal costs.
  • Make a down payment as low as 3% of the home’s sale price.
  • Access homeownership education programs.
  • Not subject to income limits to be eligible for HeritageOne. 

FY2024 Indian Housing Block Grant Formula Estimates

HUD has provided Tribes and Tribally Designated Housing Entities (TDHE) with their Indian Housing Block Grant (IHBG) formula allocation estimate for Fiscal Year (FY) 2024. HUD is posting the following information on-line at: https://ihbgformula.com/fy2024/:

  • FY 2024 Formula Response Form (FRF) including the FY 2024 FRF Appendices A through D.
  • Calendar of Critical Deadlines and Frequently Asked Questions.
  • FY 2024 Correction/Challenge Log showing changes to the IHBG database between February 13, 2023, and May 4, 2023.

Tribes/TDHEs must review their data on the FY 2024 Formula Response Form and report any changes no later than August 1, 2023, to the IHBG Formula Customer Service Center.  Census Challenges for the FY 2025 IHBG Needs data must be submitted no later than March 30, 2024, for consideration for the FY 2025 IHBG formula allocation estimates.

HUD is in the process of incorporating the 2020 U.S. Decennial Census data into the Needs data component in the IHBG formula allocation formula in the near future.  As a result, the FY 2025 Needs data will be published and distributed when it is available.  To provide Tribes and TDHEs with a similar amount of time as they had in prior fiscal years to review their data, HUD is considering issuing a waiver extending the deadline for submitting the FY 2025 Needs data challenges to a later date.  Tribes and TDHEs will be notified should the waiver be issued.


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.


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.


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.


Affordable Connectivity Program (ACP)

This Federal Communications Commission program, made possible by the Bipartisan Infrastructure Law, allows tens of millions of American households to reduce their internet service costs by up to $75/month on Tribal lands. The ACP also provides up to a $100 per household discount toward a one-time purchase of a computer, laptop, or tablet if the household contributes more than $10 and less than $50 toward the purchase through a participating broadband provider. Enrollment is open now, and it’s easy to apply. Find out if your household or that of a family member or friend is eligible at https://www.affordableconnectivity.gov/. 


Treasury provides updates to FAQs on the Coronavirus State and Local Fiscal Recovery Funds 

The U.S. Department of Treasury (Treasury) has released updates to the frequently asked questions (FAQs) of the Coronavirus State and Local Fiscal Recovery Funds (SLFRF) Final Rule, authorized by the American Rescue Plan Act of 2021.

This update includes a number of new and revised FAQs. Treasury is specifically highlighting revisions to FAQs 2.14 and 4.9, which enable state, local, and tribal governments to use SLFRF funds for the full value (including the principal) of long-term affordable housing loans including low-income housing tax credit (LIHTC) loans, and expands presumptively eligible uses for affordable housing. Specifically for Tribal governments, affordable housing projects are eligible uses of SLFRF funds if they would be eligible for funding under the Indian Housing Block Grant program, the Indian Community Development Block Grant program, or the Bureau of Indian Affairs Housing Improvement Program.

Alongside this guidance, Treasury is releasing an Affordable Housing How-To Guide, a simplified summary of SLFRF guidance on affordable housing and examples of how recipients can layer funds with federal resources.

Details for webinar briefings on the final rule FAQs, including one specifically on the topic of affordable housing development, will be forthcoming in the following weeks. Treasury will update the final rule FAQs periodically in response to questions received from stakeholders. For overall information about the program, please see The State and Local Fiscal Recovery Funds website. For general questions, please email SLFRF@treasury.gov.


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.


Notice PIH 2022-15: Federal Financial Report – Standard Form 425

This notice provides updated information to Indian tribes, tribally designated housing entities (TDHEs), and the Department of Hawaiian Home Lands (DHHL) on the reporting requirements for the Federal Financial Report (FFR) – Standard Form 425 (SF-425). This notice supersedes Program Guidance 2014-07 and 2015-04, as well as any conflicting guidance with respect to SF-425 forms in all, applicable program Notices and applicable program NOFOs.  

Effective Immediately – starting with the period ending 06/30/2022, for the most part, grantees will only submit one SF-425 per open grant at the end of the grantee’s program/fiscal year.  Exception: Grantees approved to invest IHBG formula program funds will continue to submit quarterly SF-425s on IHBG formula grants (55IT/IH) whether you are actively investing or not.  ROSS grants will continue to follow the current reporting schedule.  Please contact ROSS-PIH@hud.gov with any questions related to ROSS financial reporting.

IMPORTANT:  To the extent the terms and conditions of the Federal award (i.e., the Funding Approval/Agreement—Form HUD 52734-A or B, the Notice of Funding Availability (NOFA), or the Notice of Funding Opportunity (NOFO)) require a frequency of SF-425 submissions that conflicts with the provisions of Notice PIH 2022-15, ONAP intends to refrain from enforcing those conflicting terms and conditions of the Federal award SF-425 submission requirements if the grantee follows the requirements of Notice PIH 2022-15


Notice PIH 2022-16: Total Development Cost (TDC) for Affordable Housing Under the Native American Housing Assistance and Self-Determination Act of 1996 (NAHASDA)


Section 184/184A Home Loan Guarantee Newly Published Resources

Dear Lender Letter 2022-04- The purpose of this Dear Lender Letter (DLL) is to update the maximum loan limits for the Section 184 Indian Home Loan Guarantee (Section 184) program and Section 184A Native Hawaiian Home Loan Guarantee (Section 184A) program.

Attachments

Dear Lender Letter 2022-03– The purpose of this Dear Lender Letter (DLL) is to amend some of the review and re-review requirements in DLL 2022-01 and to make a technical update to the First Legal Action and Reasonable Diligence time frames for Borrowers exiting a COVID-19 Forbearance.

Attachment


Process for Amending ICDBG-CARES and ICDBG-ARP Grants

HUD published Notice PIH 2022-12 provides Indian Community Development Block Grant Imminent Threat Coronavirus Aid, Relief, and Economic Security Act (ICDBG-CARES) and Indian Community Development Block Grant-Imminent Threat American Rescue Plan Act (ICDBG-ARP) grantees with instructions on how to request amendments to their existing grants. This notice establishes the amendment process for ICDBG-ARP grants and modifies the amendment process for ICDBG-CARES grants, replacing PIH Notice 2021-06 “Process for Amending ICDBG-CARES Grants”.