[Code of Federal Regulations]

[Title 24, Volume 4]

[Revised as of April 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 24CFR1000.26]



[Page 737-738]

 

                 TITLE 24--HOUSING AND URBAN DEVELOPMENT

 

CHAPTER IX--OFFICE OF ASSISTANT SECRETARY FOR PUBLIC AND INDIAN HOUSING, 

               DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

 

PART 1000_NATIVE AMERICAN HOUSING ACTIVITIES--Table of Contents

 

                            Subpart A_General

 

Sec.  1000.26  What are the administrative requirements under NAHASDA?



    (a) Except as addressed in Sec.  1000.28, recipients shall comply 

with the requirements and standards of OMB Circular No. A-87, 

``Principles for Determining Costs Applicable to Grants and Contracts 

with State, Local and Federally recognized Indian Tribal Governments,'' 

and with the following sections of 24 CFR part 85 ``Uniform 

Administrative Requirements for Grants and Cooperative Agreements to 

State and Local Governments.'' For purposes of this part, ``grantee'' as 

defined in 24 CFR part 85 has the same meaning as ``recipient.''

    (1) Section 85.3, ``Definitions.''

    (2) Section 85.6, ``Exceptions.''

    (3) Section 85.12, ``Special grant or subgrant conditions for `high 

risk' grantees.''

    (4) Section 85.20, ``Standards for financial management systems,'' 

except paragraph (a).

    (5) Section 85.21, ``Payment.''

    (6) Section 85.22, ``Allowable costs.''

    (7) Section 85.26, ``Non-federal audits.''

    (8) Section 85.32, ``Equipment,'' except in all cases in which the 

equipment is sold, the proceeds shall be program income.

    (9) Section 85.33, ``Supplies.''

    (10) Section 85.35, ``Subawards to debarred and suspended parties.''

    (11) Section 85.36, ``Procurement,'' except paragraph (a). There may 

be circumstances under which the bonding requirements of Sec.  85.36(h) 

are inconsistent with other responsibilities and obligations of the 

recipient. In such circumstances, acceptable methods to provide 

performance and payment assurance may include:

    (i) Deposit with the recipient of a cash escrow of not less than 20 

percent of the total contract price, subject to reduction during the 

warranty period, commensurate with potential risk;

    (ii) Letter of credit for 25 percent of the total contract price, 

unconditionally payable upon demand of the recipient, subject to 

reduction during any warranty period commensurate with potential risk; 

or

    (iii) Letter of credit for 10 percent of the total contract price 

unconditionally payable upon demand of the recipient subject to 

reduction during any warranty period commensurate with potential risk, 

and compliance with the procedures for monitoring of disbursements by 

the contractor.

    (12) Section 85.37, ``Subgrants.''

    (13) Section 85.40, ``Monitoring and reporting program 

performance,'' except paragraphs (b) through (d) and paragraph (f).

    (14) Section 85.41, ``Financial reporting,'' except paragraphs (a), 

(b), and (e).

    (15) Section 85.44, ``Termination for convenience.''

    (16) Section 85.51 ``Later disallowances and adjustments.''

    (17) Section 85.52, ``Collection of amounts due.''

    (b)(1) With respect to the applicability of cost principles, all 

items of cost listed in Attachment B of OMB



[[Page 738]]



Circular A-87 which require prior Federal agency approval are allowable 

without the prior approval of HUD to the extent that they comply with 

the general policies and principles stated in Attachment A of this 

circular and are otherwise eligible under this part, except for the 

following:

    (i) Depreciation methods for fixed assets shall not be changed 

without specific approval of HUD or, if charged through a cost 

allocation plan, the Federal cognizant agency.

    (ii) Fines and penalties are unallowable costs to the IHBG program.

    (2) In addition, no person providing consultant services in an 

employer-employee type of relationship shall receive more than a 

reasonable rate of compensation for personal services paid with IHBG 

funds. In no event, however, shall such compensation exceed the 

equivalent of the daily rate paid for Level IV of the Executive 

Schedule.