[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: 24CFR1003.4]



[Page 770-771]

 

                 TITLE 24--HOUSING AND URBAN DEVELOPMENT

 

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

               DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

 

PART 1003_COMMUNITY DEVELOPMENT BLOCK GRANTS FOR INDIAN TRIBES AND ALASKA 

NATIVE VILLAGES--Table of Contents

 

                      Subpart A_General Provisions

 

Sec.  1003.4  Definitions.



    Act means Title I of the Housing and Community Development Act of 

1974, as amended (42 U.S.C. 5301 et seq.)

    Area ONAPs mean the HUD Offices of Native American Programs having 

field office responsibility for the ICDBG Program.

    Assistant Secretary means the Assistant Secretary for Public and 

Indian Housing.

    Buildings for the general conduct of government mean office 

buildings and other facilities in which the legislative, judicial or 

general administrative affairs of the government are conducted. This 

term does not include such facilities as neighborhood service centers or 

special purpose buildings located in low and moderate income areas that 

house various non-legislative functions or services provided by the 

government at decentralized locations.

    Chief executive officer means the elected official or legally 

designated official who has the prime responsibility for the conduct of 

the affairs of an Indian tribe or Alaska native village.

    Eligible Indian population means the most accurate and uniform 

population data available from data compiled and published by the United 

States Bureau of the Census available from the latest census referable 

to the same point or period of time for Indian tribes and Alaska native 

villages eligible under this part.



[[Page 771]]



    Extent of overcrowded housing means the number of housing units with 

1.01 or more persons per room, based on data compiled and published by 

the United States Bureau of the Census available from the latest census 

referable to the same point or period of time.

    Extent of poverty means the number of persons whose incomes are 

below the poverty level, based on data compiled and published by the 

United States Bureau of the Census referable to the same point or period 

in time and the latest reports from the Office of Management and Budget.

    HUD means the Department of Housing and Urban Development.

    ICDBG Program means the Indian Community Development Block Grant 

Program.

    Identified service area means:

    (1) A geographic location within the jurisdiction of a tribe (but 

not the entire jurisdiction) designated in comprehensive plans, 

ordinances, or other tribal documents as a service area;

    (2) The Bureau of Indian Affairs (BIA) service area, including 

residents of areas outside the geographic jurisdiction of the tribe; or

    (3) The entire area under the jurisdiction of a tribe which has a 

population of members of under 10,000.

    Imminent threat means a problem which if unresolved or not addressed 

will have an immediate negative impact on public health or safety.

    Low and moderate income beneficiary means a family, household, or 

individual whose income does not exceed 80 percent of the median income 

for the area, as determined by HUD, with adjustments for smaller and 

larger households or families. However, HUD may establish income 

ceilings higher or lower than 80 percent of the median for the area on 

the basis of HUD's findings that such variations are necessary because 

of unusually high or low household or family incomes. In reporting 

income levels to HUD, the applicant must include and identify the 

distributions of tribal or village income to families, households, or 

individuals.

    Microenterprise means a business that has five or fewer employees, 

one or more of whom owns the enterprise.

    Secretary means the Secretary of HUD.

    Small business means a business that meets the criteria set forth in 

section 3(a) of the Small Business Act (15 U.S.C. 631, 636, and 637).

    Subrecipient means a public or private nonprofit agency, authority 

or organization, or a for-profit entity described in Sec.  1003.201(o), 

receiving ICDBG funds from the grantee or another subrecipient to 

undertake activities eligible for assistance under subpart C of this 

part. The term excludes a CBDO receiving ICDBG funds from the grantee 

under the authority of Sec.  1003.204, unless the grantee explicitly 

designates it as a subrecipient. The term does not include contractors 

providing supplies, equipment, construction or services subject to the 

procurement requirements in 24 CFR 85.36 or in 24 CFR Part 84, as 

applicable.

    Tribal government, Tribal governing body or Tribal council means the 

governing body of an Indian tribe or Alaska native village as recognized 

by the Bureau of Indian Affairs.

    Tribal resolution means the formal manner in which the tribal 

government expresses its legislative will in accordance with its organic 

documents. In the absence of such organic documents, a written 

expression adopted pursuant to tribal practices will be acceptable.

    URA means the Uniform Relocation and Real Property Acquisition 

Policies Act of 1970, as amended (42 U.S.C. 4601 et. seq.).