25 Cfr 256

SUBCHAPTER K—HOUSING

wwoods2 on DSKDVH8Z91PROD with CFR

PART 256—HOUSING
IMPROVEMENT PROGRAM
Sec.
256.1 Purpose.
256.2 Definitions.
256.3 Policy.
256.4 Information collection.
256.5 What is the Housing Improvement
Program?
256.6 Am I eligible for the Housing Improvement Program?
256.7 What housing services are available
under the Housing Improvement Program?
256.8 When do I qualify for Category A assistance?
256.9 When do I qualify for Category B assistance?
256.10 When do I qualify for Category C assistance?
256.11 What are the occupancy and square
footage standards for a dwelling provided
with Category C assistance?
256.12 Who administers the Housing Improvement Program?
256.13 How do I apply for the Housing Improvement Program?
256.14 What are the steps that must be
taken to process my application for the
Housing Improvement Program?
256.15 How long will I have to wait for repair, renovation, or replacement of my
dwelling?
256.16 Who is responsible for identifying
what work will be done on my dwelling?
256.17 What will the servicing housing office
do to identify what work is to be done on
my dwelling?
256.18 How will I be advised of what work is
to be done?
256.19 Who performs the improvements, repairs, or replacement of my dwelling?
256.20 How are these repairs or construction
trades persons, home building contractors, or construction companies selected
and paid?
256.21 Will I have to vacate my dwelling
while repair work or replacement of my
dwelling is being done?
256.22 How can I be sure that the work that
is being done on my dwelling meets minimum construction standards?
256.23 How will I be advised that the repair,
renovation or replacement of my dwelling has been completed?
256.24 Will I need flood insurance?
256.25 Is my Federal government-assisted
dwelling eligible for services under the
Housing Improvement Program?

256.26 Can I receive Housing Improvement
Program services if I am living in a mobile home?
256.27 Can Housing Improvement Program
resources be supplemented with other
available resources?
256.28 What can I do if I disagree with actions taken under the Housing Improvement Program?
AUTHORITY: 25 U.S.C. 13.
SOURCE: 63 FR 10134, Mar. 2, 1998, unless
otherwise noted.

§ 256.1

Purpose.

The purpose of the part is to define
the terms and conditions under which
assistance is given to Indians under the
Housing Improvement Program (HIP).
§ 256.2

Definitions.

As used in this part 256:
Agency means the current organizational unit of the Bureau that provides
direct services to the governing body
or bodies and members of one or more
specified Indian tribes.
Appeal means a written request for
review of an action or the inaction of
an official of the Bureau of Indian Affairs that is claimed to adversely affect
the interested party making the request, as provided in part 2 of this
chapter.
Applicant means an individual or persons on whose behalf an application for
services has been made under this part.
BIA means the Bureau of Indian Affairs in the Department of the Interior.
Child means a person under the age of
18 or such other age of majority as is
established for purposes of parental
support by tribal or state law (if any)
applicable to the person at his or her
residence, except that no other person
who has been emancipated by marriage
can be deemed a child.
Cost effective means the cost of the
project is within the cost limits for the
category of assistance and adds sufficient years of service to the dwelling to
satisfy the recipient’s housing needs
well into the future.
Disabled means legally blind; legally
deaf; lack of or inability to use one or

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§ 256.2

25 CFR Ch. I (4–1–10 Edition)

more limbs; chair or bed bound; inability to walk without crutches or walker; mental disability in an adult of a
severity that requires a companion to
aid in basic needs, such as dressing,
preparing food, etc.; or severe heart
and/or respiratory problems preventing
even minor exertion.
Family means one or more persons
maintaining a household.
Household means persons living with
the head of household who may be related or unrelated to the head of household and who function as members of a
family.
Independent trades person means any
person possessing the ability to perform work in a particular vocation.
Indian means any person who is a
member of any of those tribes listed in
the FEDERAL REGISTER pursuant to 25
CFR part 83, as recognized by and receiving services from the Bureau of Indian Affairs.
Indian tribe means an Indian or Alaska Native tribe, band, nation, pueblo,
village or community that the Secretary of the Interior acknowledges to
exist as an Indian tribe pursuant to
Pub. L. 103–454, 108 Stat. 4791.
Permanent
members
of
household
means adults living in the household
that intend to live there continuously
from now on and any children defined
as a child in this part.
Regional Director means the officer in
charge of a Bureau of Indian Affairs regional office or his/her authorized delegate.
Secretary means the Secretary of the
Interior.
Service area means the reservations
(former reservations in Oklahoma), allotments, restricted lands, and Indianowned lands (including lands owned by
corporations established pursuant to
the Alaska Native Claims Settlement
Act) within a geographical area designated by the tribe and approved by
the Area Director to which equitable
services can be delivered.
Servicing housing office means the
tribal housing office or bureau housing
assistance office administering the
Housing Improvement Program in the
service area in which the applicant resides.
Standard Housing means a dwelling
that is decent, safe, and sanitary.

(1) Except as provided in paragraph
(2) of this definition, standard housing
must meet each of the following conditions:
(i) General construction must conform to applicable tribal, county,
State, or national codes and to appropriate building standards for the region;
(ii) The heating system must have
the capacity to maintain a minimum
temperature of 70 degrees in the dwelling during the coldest weather in the
area;
(iii) The heating system must be safe
to operate and maintain and deliver a
uniform heat distribution;
(iv) The plumbing system must include a properly installed system of
piping and fixtures;
(v) The electrical system must include wiring and equipment properly
installed to safely supply electrical energy for lighting and appliance operation;
(vi) Occupants per dwelling must not
exceed these limits:
(A) Two bedroom dwelling: Up to four
persons;
(B) Three-bedroom dwelling: Up to
seven persons;
(C) Four-bedroom dwelling: Adequate
for all but the very largest families;
(vii) The first bedroom must have at
least 120 sq. ft. of floor space and additional bedrooms have at least 100 sq. ft.
of floor space each;
(viii) The house site must provide economical access to utilities and must
be easy to enter and leave; and
(ix) Aesthetics and access to school
bus routes must be considered.
(2) The following exceptions apply to
the standards in paragraph (1) of this
definition:
(i) If access to a particular utility is
not available and there is no prospect
of access becoming available, then the
standard relating to that utility does
not apply; and
(ii) In regions of severe climate, the
size of the house may be reduced to
meet the region’s applicable building
standards.
Substandard housing means condition(s) exist that do not meet the definition of standard housing in this part
of the rule.

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Bureau of Indian Affairs, Interior

§ 256.6

Superintendent means the Bureau official in charge of an agency office.

gathering and maintaining data, and
completing and reviewing the form.

[63 FR 10134, Mar. 2, 1998, as amended at 64
FR 13896, Mar. 23, 1999; 67 FR 77920, Dec. 20,
2002]

§ 256.5 What is the Housing Improvement Program?

§ 256.3

Policy.

(a) The Bureau of Indian Affairs
housing policy is that every American
family should have the opportunity for
a decent home and suitable living environment. The Housing Improvement
Program will serve the neediest of the
needy Indian families who have no
other resource for standard housing.
(b) Every Indian who meets the basic
eligibility criteria defined in § 256.6 is
entitled to participate in the program.
Participation is based on priority of
need, regardless of tribal affiliation.
(c) Tribal participation in and direct
administration of the Housing Improvement Program is encouraged to
the maximum extent possible. Tribal
involvement is necessary to ensure
that the services provided under the
program are responsive to the needs of
the tribes and the program participants.
(d) Partnerships with complementary
improvement programs are encouraged
to increase basic benefits derived from
the Housing Improvement Program
fund. An example is the agreement
with Indian Health Services to provide
water and sanitation facilities for
Housing Improvement Program houses.
§ 256.4

Information Collection.

wwoods2 on DSKDVH8Z91PROD with CFR

The information collection requirements contained in § 256.9 have been approved by the Office of Management
and Budget under 44 U.S.C. 3507 et seq.
and assigned clearance number 1076–
0084. The information is collected to
determine applicant eligibility for
services and eligibility to participate
in the program based on the criteria
referenced in §§ 256.9 and 256.10. Response is required to obtain a benefit.
The public reporting burden for this
form is estimated to average thirty
minutes per response, including the
time for reviewing the instructions,

The Housing Improvement Program
is a safety-net program that provides
grants for the cost of services to repair,
renovate, replace, or provide housing.
The program provides grants to the
neediest of the needy Indian families
who:
(a) Live in substandard housing or
are without housing; and
(b) Have no other resource for assistance.
[67 FR 77920, Dec. 20, 2002]

§ 256.6 Am I eligible for the Housing
Improvement Program?
You are eligible for the Housing Improvement Program if:
(a) You are a member of a Federally
recognized American Indian tribe or
Alaska Native village;
(b) You live in an approved tribal
service area;
(c) Your annual income does not exceed 125 percent of the Department of
Health and Human Services poverty income guidelines. These guidelines are
available from your servicing housing
office;
(d) Your present housing is substandard as defined in § 256.2; and
(e) You meet the ownership requirements for the assistance needed, as defined in § 256.8, § 256.9, or § 256.10;
(f) You have no other resource for
housing assistance;
(g) You have not received assistance
after October 1, 1986, for repairs and
renovation, replacement or housing, or
down payment assistance; and
(h) You did not acquire your present
housing through participation in a
Federal government-sponsored housing
program that includes provision for the
assistance referred to in paragraph (g)
of this section.
[63 FR 10134, Mar. 2, 1998; 64 FR 13896, Mar. 23,
1999]

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§ 256.7

25 CFR Ch. I (4–1–10 Edition)

§ 256.7 What housing services are available under the Housing Improvement Program?
There are three categories of assistance available under the Housing Improvement Program, as outlined in the following table.
Type of
assistance

What it provides

Category A .....

Up to $2,500 in safety or sanitation repairs to the dwelling in which you live, which
will remain substandard. Can be provided more than once, but for not more than
one dwelling and the total assistance cannot exceed $2,500.
Up to $35,000 in repairs and renovation, which will bring your dwelling to Standard
Housing condition, as defined in § 256.2. Can only be provided once.
A modest dwelling that meets the criteria in § 256.11; and the definition of Standard
Housing in § 256.2; and whose costs are determined by and limited to the criteria in
256.17(b). can only be provided once.

Category B .....
Category C .....

Where to find
information
§ 256.8

§ 256.9
§ 256.10 & § 256.11.

[63 FR 10134, Mar. 2, 1998, as amended at 67 FR 77920, Dec. 20, 2002]

§ 256.8 When do I qualify for Category
A assistance?
You qualify for interim improvement
assistance under Category A if it is not
cost effective to renovate the dwelling
in which you live and if either of the
following is true:
(a) Other resources to meet your
housing needs exist but are not immediately available; or
(b) You qualify for replacement housing under Category C, but there are no
Housing Improvement Program funds
available to replace your dwelling.
[63 FR 10134, Mar. 2, 1998, as amended at 67
FR 77920, Dec. 20, 2002]

§ 256.9 When do I qualify for Category
B assistance?
You qualify for repairs and renovation assistance under Category B if you
meet the requirements of this section.
(a) Your servicing housing office
must determine that it is cost effective
to repair and renovate the dwelling.
(b) You must occupy the dwelling and
must either:
(1) Own the dwelling; or
(2) Lease the dwelling with:
You qualify for Category C
assistance if * * *
You own the dwelling in
which you are living.

wwoods2 on DSKDVH8Z91PROD with CFR

You lease the dwelling in
which you are living.
You do not own a dwelling ...

(i) An undivided leasehold (i.e., you
are the only lessee); and
(ii) A leasehold that will last at least
25 years from the date that you receive
the assistance.
(c) The servicing housing office must
determine that the repairs and renovation will bring the dwelling to standard
housing condition.
(d) You must sign a written agreement stating that, if you sell the dwelling within 5 years of the completion of
repairs and renovation:
(1) The assistance grant under this
part will be voided; and
(2) At the time of settlement, you
will repay BIA the full cost of all repairs and renovation made under this
part.
[63 FR 10134, Mar. 2, 1998, as amended at 67
FR 77920, Dec. 20, 2002]

§ 256.10 When do I qualify for Category C assistance?
(a) You qualify for replacement housing assistance under Category C if you
meet one of the four sets of requirements in the following table.

And * * *

And * * *

The dwelling cannot be brought up to applicable
building code standards and to standard
housing condition for $35,000 or less.
Your leasehold is undivided and for not less
than 25 years at the time that you receive
assitance.
You own land that is suitable for housing ...........

The dwelling cannot be brought up to applicable building code standards and to standard
housing condition for $35,000 or less.
The land has adequate ingress and egress
rights and economical access to utilities.

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Bureau of Indian Affairs, Interior

§ 256.13

You qualify for Category C
assistance if * * *

And * * *

And * * *

You do not own a dwelling ...

You have a leasehold on land that is suitable
for housing and the leasehold is undivided
and for not less than 25 years at the time you
receive assistance.

The land has adequate ingress and egress
rights and economical access to utilities.

(b) If you qualify for assistance under
paragraph (a) of this section, you must
sign a written grant agreement stating
that, if you sell the dwelling within 10
years of assuming ownership:
(1) The grant under this part will be
voided; and
(2) At the time of settlement, you
will repay BIA the full cost of the
dwelling.
(c) If you sell the dwelling more than
10 years after you assume ownership,
the following conditions apply:
(1) You may retain 10 percent of the
original cost of the dwelling per year,
beginning with the eleventh year.
(2) If you sell the dwelling after the
first 20 years, you will not have to
repay BIA.
[63 FR 10134, Mar. 2, 1998, as amended at 67
FR 77921, Dec. 20, 2002]

§ 256.11 What are the occupancy and
square footage standards for a
dwelling provided with Category C
assistance?
A modest dwelling provided with Category C assistance will meet the standards in the following table.
Number of occupants

Number of
bedrooms

1–3 .............................................
4–6 .............................................
7 or more ...................................

Total dwelling square
footage 1
(maximum)

22
23

900
1050

24

31350

1 Total living space; does not include hallways or modestsized bathrooms or closets.
2 Determined by the servicing housing office, based on
composition of family.
3 Adequate for all but the very largest families.

wwoods2 on DSKDVH8Z91PROD with CFR

[67 FR 77921, Dec. 20, 2002]

§ 256.12 Who administers the Housing
Improvement Program?
The Housing Improvement Program
is administered by a servicing housing
office operated by:
(a) A Tribe, under a Pub. L. 93–638
contract or a self-governance annual
funding agreement; or
(b) The Bureau of Indian Affairs.

§ 256.13 How do I apply for the Housing Improvement Program?
(a) First, you must obtain an application, BIA Form 6407, from your nearest
servicing housing office.
(b) Second, you must complete and
sign BIA Form 6407.
(c) Third, you must submit your completed and signed application to your
servicing housing office. Submission to
the nearest BIA housing office does not
preclude tribal approval of the application.
(d) Fourth, you must furnish documentation proving tribal membership.
Examples of acceptable documentation
include a copy of your Certificate of
Degree of Indian Blood (CDIB) or a
copy of your tribal membership card.
(e) Fifth, you must provide proof of
income from all permanent members of
your household.
(1) You must submit signed copies of
current 1040 tax returns from all permanent members of the household, including W–2’s and all other attachments.
(2) You must provide proof of all
other income from all permanent members of the household. This includes unearned income such as social security,
general assistance, retirement, and unemployment benefits.
(3) If you or other household members did not file a tax return, you must
submit a signed notarized statement
explaining why you did not.
(f) Sixth, you must furnish a copy of
your annual trust income statement
from your Individual Indian Money
(IIM) account, for royalty, lease, and
other monies, from your home agency.
If you do not have an account, you
must furnish a statement from your
home agency to that effect.
(g) Seventh, you must provide proof
of ownership of the residence and/or
land:

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§ 256.14

25 CFR Ch. I (4–1–10 Edition)

(1) For fee property, you must provide a copy of a fully executed Warranty Deed, which is available at your
local county court house;
(2) For trust property, you must provide certification from your home
agency;
(3) For tribally owned land, you must
provide a copy of a properly executed
tribal assignment, certified by the
agency; or
(4) For multi-owner property, you
must provide a copy of a properly executed lease.
[63 FR 10134, Mar. 2, 1998, as amended at 67
FR 77921, Dec. 20, 2002]

§ 256.14 What are the steps that must
be taken to process my application
for the Housing Improvement Program?
(a) The servicing housing office must
review your application for completeness. If your application is incomplete,
Factor

Ranking factor and definition

1 ................

2 ................

3 ................

4 ................

wwoods2 on DSKDVH8Z91PROD with CFR

1 FPG

the office will notify you, in writing,
what is needed to complete your application and the date it must be submitted. If you do not return your application by the deadline date, you will
not be considered for assistance in that
program year.
(b) The servicing housing office will
use your completed application to determine if you are eligible for the
Housing Improvement Program.
(1) If you are found ineligible for the
Housing Improvement Program or otherwise do not qualify for the program,
the servicing housing office will advise
you in writing within 45 days of receipt
of your completed application.
(2) If you are found eligible for the
Housing Improvement Program, the
servicing housing office will assess
your application for need, according to
the factors and numeric values shown
in the following table.
Randing description

Annual Household Income: Must include income of all
persons counted in Factors 2, 3, 4. Income includes
earned income, royalties, and one-time income.

Aged Persons: For the benefit of persons age 55 or
older, and Must be living in the dwelling.

Disabled Individual: Any one (1) disabled person living
in the dwelling. (The percentage of disability must
be based on the average (mean) of the percentage
of disabilities identified from two sources (A+B) of
statements of conditions which may include a physician’s certification, Social Security or Veterans Affairs determination, or similar determination).

Dependent Children: Must be under the age of 18 or
such other age established for purposes of parental
support by tribal or state law (if any). Must live in
the dwelling and not be married.

Point descriptors

FPG 1

Income/125%
(% of 125% FPC) 1

Points
(maximum=40):

0–25
26–50
51–75
76–100
101–125
Years of Age:

40
30
20
10
0
Points:

Less than 55 ....................................
55 and older .....................................

0
1 point per year of
age over 54
Points
(Maximum=20):

% of Disability—(A% + B%/2): .........

100% ................................................
or
Less than 100% ...............................
Dependent Child—(Number of Children):

10
Points (Maximum
= 5):

1
2
3
4
5
6

0
1
2
3
4
5

.......................................................
.......................................................
.......................................................
.......................................................
.......................................................
or more ..........................................

20

means Federal Poverty Guidelines.

(c) The servicing housing office will
develop a list of the applications considered and/or received for the Housing
Improvement Program for the current

program year. The list will include, at
a minimum, sufficient information to
determine:
(1) The current program year;

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wwoods2 on DSKDVH8Z91PROD with CFR

Bureau of Indian Affairs, Interior

§ 256.17

(2) The number of applications considered and/or received;
(3) The eligible applicants, ranked in
order of need, from highest to lowest,
based on the total numeric value assigned according to the factors shown
in table B. (In the case of a tie, the
family with the lower income will be
listed first);
(4) The estimated allowable costs of
the improvements, repairs or replacement projects for the eligible applicants and the ‘‘Priority List,’’ identifying which applicants will be served
based on the amount of available funding, starting with the most needy applicant and continuing until the
amount of available funding is depleted; and
(5) The applicants not ranked, with
an explanation (such as reason for ineligibility or reason for incomplete application).
(d) Your servicing housing office will
inform you in writing within 45 days of
completion of the listing whether funding is available to provide Housing Improvement Program services to you in
that program year.
(1) If funding is available, you will be
provided appropriate information concerning the availability of Housing Improvement Program services.
(2) If funding is not available, you
will be advised, in writing, and provided appropriate information concerning submission for the next available program year. At the option of
your servicing housing office and when
extenuating circumstances exist, your
application can be carried forward, for
one year, into the next program year.
You will be advised that you must provide written confirmation that the information in your application is still
accurate and that you must provide
current income documentation for that
application to be considered in the next
program year.
(e) Your servicing housing office will
prepare an annual report identifying
construction work undertaken during
the fiscal year and related construction
expenditures. The annual report is due
to the servicing regional office on the
fifteenth day after the end of the fiscal
year. The report, at a minimum, will
contain:
(1) Number of Eligible Applicants;

(2) Number of Applicants Provided
Service;
(3) Names of Applicants Provided
Service;
(4) For Each Applicant Provided
Service:
(i) Date of Construction Start;
(ii) Date of Construction Completion,
if applicable;
(iii) Cost;
(iv) HIP Category.
[63 FR 10134, Mar. 2, 1998, as amended at 67
FR 77921, Dec. 20, 2002]

§ 256.15 How long will I have to wait
for repair, renovation, or replacement of my dwelling?
The length of time that it takes to
accomplish the work to be done on
your dwelling is dependent on:
(a) Whether funds are available;
(b) The type of work to be done;
(c) The climate and seasonal conditions where your dwelling is located;
(d) The availability of a contractor;
(e) Your position on the priority list;
and
(f) Other unforeseen factors.
§ 256.16 Who is responsible for identifying what work will be done on my
dwelling?
The servicing housing office is responsible for identifying what work is
to be done on your dwelling or whether
your dwelling will be replaced. This includes responsibility to communicate
and coordinate, through provision of
the current Priority List, with the Indian Health Service, when it is the organization responsible for verifying the
availability/feasibility of water and
wastewater facilities.
§ 256.17 What will the servicing housing office do to identify what work
is to be done on my dwelling?
(a) First, a trained and qualified representative of your servicing housing
office must visit your dwelling to identify what repairs or renovation are to
be done under the Housing Improvement Program. The representative
must ensure that flood, National Environmental Protection Act (NEPA) and
earthquake requirements are met.
(b) Second, based on the list of repairs or renovation to be done, the representative must estimate the total

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§ 256.18

25 CFR Ch. I (4–1–10 Edition)

cost of repairs or renovation to your
dwelling. Cost estimates must be based
on locally available services and product costs, or other regional-based, industry-recognized cost data, such as
that provided by the MEANs or MARSHALL SWIFT. If the dwelling is located in Alaska, documented, reasonable, substantiated freight costs, in accordance with Federal Property Management Regulations (FPMR 101–40),
not to exceed 100 percent of the cost of
materials, can be added to the cost of
the project.
(c) Third, the representative must determine which Housing Improvement
Program category the improvements to
your dwelling meet, based on the estimated cost of repairs or renovation. If
the estimated cost to repair your
dwelling is more than $35,000, the representative must approve your dwelling for replacement or refer you to another source for housing. The other
source does not have to be for a replacement dwelling; it may be for government-subsidized rental units or
other sources for standard housing.
(d) Fourth, the representative must
develop a detailed, written report, also
called ‘‘bid specifications’’ that identifies what and how the repairs, renovation, or construction work is to be accomplished at the dwelling.
(1) When the work includes new construction, the ‘‘bid specifications’’ will
be supplemented with a set of construction plans. The plans must not exceed
the occupancy and square footage criteria identified in § 256.11. The plans
must be sufficiently detailed to provide
complete instructions to the builder
for the purpose of construction.
(2) ‘‘Bid Specifications’’ are also used
to inform potential bidders of what
work is to be done.

wwoods2 on DSKDVH8Z91PROD with CFR

[63 FR 10134, Mar. 2, 1998, as amended at 67
FR 77922, Dec. 20, 2002]

§ 256.18 How will I be advised of what
work is to be done?
You will receive written notice from
the servicing housing office of what
work is being scheduled under the
Housing Improvement Program. You
will be requested to concur with the
scheduled work by signing a copy of
the notice and returning it to the servicing housing office. No work will be

started until the signed copy is returned to the servicing housing office.
§ 256.19 Who performs the improvements, repairs, or replacement of
my dwelling?
Independent or tribal repair or construction trades persons, home building contractors, or construction companies will perform the repairs, renovation, or replacement of your dwelling.
[63 FR 10134, Mar. 2, 1998, as amended at 67
FR 77922, Dec. 20, 2002]

§ 256.20 How are these repairs or construction trades persons, home
building contractors, or construction companies selected and paid?
The servicing housing office must
follow Federal procurement or other
Bureau-approved tribal procurement
policy. Generally, your servicing housing office develops a ‘‘bid specification’’ or statement of work, which
identifies the work to be performed.
The appropriate contracting office uses
the ‘‘bid specification’’ to provide information and invite bids on the
project to interested parties. The contracting office selects the winning bidder after technical review of the bids
by and written recommendation from
the servicing housing office, and after
determination that the bidder is qualified and capable of completing the
project as advertised.
(a) Payments to the winning bidder
are negotiated in the contract and
based on specified delivery of services.
(1) Partial payments will not exceed
80 percent of the value of the completed work.
(2) Final payment will be made after
final inspection and after all provisions
of the contract have been met, including punch list items.
§ 256.21 Will I have to vacate my dwelling while repair work or replacement of my dwelling is being done?
(a) You will be notified by the servicing housing office that you must vacate your dwelling only if:
(1) It is scheduled for major repairs
requiring that all occupants vacate the
dwelling for safety reasons; or
(2) It is scheduled for replacement
which requires the demolition of your
current dwelling.

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Bureau of Indian Affairs, Interior

§ 256.28

(b) If you are required to vacate the
premises for the duration of the construction, you are responsible for:
(1) Locating other lodging;
(2) Paying all costs associated with
vacating and living away from the
dwelling; and
(3) Removing all your belongings and
furnishings before the scheduled beginning work date.
§ 256.22 How can I be sure that the
work that is being done on my
dwelling meets minimum construction standards?
(a) At various stages of construction,
a trained and qualified servicing housing office representative or building inspector will review the construction to
ensure that it meets applicable minimum construction standards and
building codes. Upon completion of
each stage, further construction is prohibited until the inspection occurs and
approval is granted.
(b) Inspections are, at a minimum,
made at the following stages of construction:
(1) Footings;
(2) Closed in, rough wiring and rough
plumbing; and
(3) At final completion.
§ 256.23 How will I be advised that the
repair, renovation or replacement
of my dwelling has been completed?
The servicing housing office will advise you, in writing, that the work has
been completed in compliance with the
project contract. Also, you will have a
final walk-through of the dwelling with
your servicing housing office representative. You will be requested to
verify that you received the notice of
completion of the work by signing a
copy of the notice and returning it to
the servicing housing office representative.

wwoods2 on DSKDVH8Z91PROD with CFR

§ 256.24

Will I need flood insurance?

You will need flood insurance if your
dwelling is located in an area identified
as having special flood hazards under
the Flood Disaster Protection Act of
1973 (Pub. L. 93–234, 87 Stat. 977). Your

servicing housing office will advise
you.
[63 FR 10134, Mar. 2, 1998. Redesignated at 67
FR 77922, Dec. 20, 2002]

§ 256.25 Is my Federal government-assisted dwelling eligible for services
under the Housing Improvement
Program?
Yes. You may receive services under
the Housing Improvement Program if
your home was purchased through a
Federal government sponsored home
program that does not include provision for housing assistance.
[63 FR 10134, Mar. 2, 1998. Redesignated at 67
FR 77922, Dec. 20, 2002]

§ 256.26 Can I receive Housing Improvement Program services if I am
living in a mobile home?
Yes. If you meet the eligibility criteria in § 256.6 and there is sufficient
funding available, you can receive any
of the Housing Improvement Program
services identified in § 256.7. If you require Category B services and your mobile home has exterior walls of less
than three inches, you must be provided Category C services.
[63 FR 10134, Mar. 2, 1998. Redesignated at 67
FR 77922, Dec. 20, 2002]

§ 256.27 Can Housing Improvement
Program resources be supplemented with other available resources?
Yes. Housing Improvement Program
resources
may
be
supplemented
through other available resources to
increase the number of Housing Improvement Program recipients.
[63 FR 10134, Mar. 2, 1998. Redesignated at 67
FR 77922, Dec. 20, 2002]

§ 256.28 What can I do if I disagree
with actions taken under the Housing Improvement Program?
You may appeal action or inaction by
an official of the Bureau of Indian Affairs, in accordance with 25 CFR part 2.
You may appeal action or inaction by
tribal officials through the appeal
process established by the servicing
tribe.
[63 FR 10134, Mar. 2, 1998. Redesignated at 67
FR 77922, Dec. 20, 2002]

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