suming all allegations are proved true, that a jail sentence may be imposed.

(b) No juror may be seated unless the court concludes beyond a reasonable doubt that he/she is able to render a fair and impartial verdict.

(c) The judge shall instruct the jury in the law governing the case and the jury shall reach a verdict of guilt or innocence as to each count charged. (d) Verdicts shall be rendered by unanimous vote.

(e) The jury shall return a verdict of guilty if it concludes beyond a reasonable doubt that the defendant committed the offense with which he/she is charged.

fisher identification card issued, he/ she shall, within ten (10) days, notify the Agency Superintendent of his/her old and new addresses. The Bureau may thereupon take such action as necessary to insure that the identification card reflects the proper address of the identification card holder.

(b) All notices, demands and requests under this part by the Court of Indian Offenses and the Prosecutor shall be hand delivered or sent by U.S. Mail, First Class Mail, addressed to the defendant at the address supplied by the eligible fisher.

(c) Notices, demands and requests delivered in the above manner shall be considered sufficiently given or served for all purposes under these regulations at the time the notice, demand, or request is hand delivered or the execution of a proof of service to the address shown.

§ 250.23 Immunity.

Each Judge and prosecutor of the Court of Indian Offenses has the immunity of a Judicial Officer and Prosecutor, respectively, from civil liability while performing his/her duties as a judge or prosecutor.

256.4 Program categories.

256.5 Eligibility.

256.6 Program implementation. 256.7 Appeals.

256.8 Inspection.

256.9 Flood disaster protection. 256.10 Waivers.

256.11 Information collection.

AUTHORITY: 42 Stat. 208 (25 U.S.C. 13).

SOURCE: 40 FR 19195, May 2, 1975, unless otherwise noted. Redesignated at 40 FR 44543, Sept. 29, 1975 and at 47 FR 13327, Mar. 30, 1982.

§ 256.1 Purpose.

The purpose of this Part 256 is to prescribe the terms and conditions under which assistance is given to Indians under the Housing Improvement Program.

§ 256.2 Definitions.

As used in this Part 256:

(a) "Secretary" means the Secretary of the Interior.

(b) "Commissioner” means the Commissioner of Indian Affairs.

(c) "Area Director" means the Officer in charge of one of the Bureau of Indian Affairs' Area Offices or his authorized delegate.

(d) "Superintendent" means the Officer in charge of the Agency or other local office of the Bureau of Indian Affairs.

(e) "Indian" means a person of Indian descent who is either of the following:

(1) An enrolled member; i.e., a person whose name appears on the formally approved membership roll of a tribe. In the case of the Five Civilized Tribes in Eastern Oklahoma and the Osage Tribe where rolls have been closed an applicant may be a descendant of an enrolled member accepted as such by the Superintendent; or

(2) A person who is considered to be a member by or who meets the mem

bership requirements of a federally recognized tribe.

(3) A person of one-half or more degree Indian ancestry who is a descendant of a member of a tribe that has been federally recognized by treaty or otherwise. Proof of ancestry must be by rolls or records acceptable to the Secretary. Such persons are hereinafter referred to as "nontribal Indians."

(f) "Tribe" means:

(1) An Indian tribe, band, group, pueblo or community recognized by the Secretary of the Interior; or

(2) An Alaska Native Village as defined in and eligible for benefits under the Claims Settlement Act (Act of December 18, 1971, 85 Stat. 688).

(g) "Family" means one or more persons maintaining a household.

(h) "Ownership" means having fee title, trust title (including participation in multiple ownership), leasehold interest, use permit, indefinite assignment or other exclusive possessory interest. In the case of Alaska, the term also includes one who the Superintendent determines has a reasonable prospect of becoming an owner in accordance with the provisions of the Alaska Native Claims Settlement Act (85 Stat. 688).

(i) "Standard housing" means a dwelling in a condition which is decent, safe and sanitary so that it meets the following minimums:

(1) General construction conforms to applicable building standards for the region. Structures to be improved are to be in sound condition. Deterioration, if any, will not be at a level creating a health or safety hazard, or a comfort problem.

(2) The heating system has the capacity to maintain a minimum temperature of 70 degrees in the dwelling during the coldest weather in the area. It must be safe to operate and maintain and deliver a uniform distribution of heat. Applicable local heating codes are to be followed. If there are no applicable local codes, county or state codes are to be used as a guide.

(3) The plumbing system includes a properly installed system of piping.

Fixtures consist of a kitchen sink and a partitioned bathroom with lavatory, toilet and bath and/or shower. The water supply, plumbing and sewage disposal systems meet minimum standards of the Indian Health Service, tribe, county or state, whichever is applicable.

(4) The electrical system includes wiring and equipment properly installed to safely supply electrical energy for adequate lighting and for the operation of appliances. The tribal, county, or state electrical code, whichever is applicable, must be used as an alternative standard. If no codes exist, a minimum of two circuits per dwelling must be installed with provision for at least one additional circuit for future use.

(5) Family size per dwelling does not exceed these limits:

(i) Two bedroom dwelling: Up to four persons (the first bedroom must have at least 120 sq. ft. of floor space and the second bedroom must have a minimum of 100 sq. ft. of floor space.)

(ii) Three bedroom dwelling: Up to seven persons (the first bedroom must have at least 120 sq. ft. of floor space and the second and the third bedrooms must have a minimum of 100 sq. ft. of floor space each.)

(iii) Four bedroom dwelling: Adequate for all but the very largest families (the first bedroom must have at least 120 sq. ft. of floor space and the remaining bedrooms must have a minimum of 100 sq. ft. of floor space each.)

§ 256.3 Policy.

every

The Bureau of Indian Affairs' housing policy is consistent with the specific objectives of the National housing policy which declares that American family should have the opportunity for a decent home and a suitable living environment. To the maximum extent possible, the program will be administered through tribes, tribal housing authorities, or other tribal organizations, or by having tribal officials participate in the applicant selection process. Every effort will be made to use Housing Improvement Program funds in conjunction with other programs so the result will be a greater amount of housing improved than would otherwise be

possible with the Housing Improvement Program funds alone. In cases where training programs are used in conjunction with the Housing Improvement Program, funds are to be limited to the purchase of materials and providing inspection and skilled labor otherwise unavailable.

§ 256.4 Program categories.

The Housing Improvement Program will provide assistance in the following categories:

(a) Repairs to housing that will remain non-standard. Under this category:

(1) Financial assistance will be granted to finance repairs and additions to existing substandard housing so that it is safe, more sanitary and livable until such time as standard housing is available.

(2) The standard to be applied in deciding whether to provide assistance is improvement in the condition of the house, i.e., improved livability or reduced health and safety hazards even though it may be obvious that such an undertaking will not improve the house to the extent that it will meet the standard of decent, safe and sanitary. Examples of the improvement that may be assisted are: weathertightening, re-roofing, electrical wiring, chimney repairs, foundations, heating, sanitary facilities, painting, additional living and/or sleeping space, and kitchen or bathroom additions in conjunction with Indian Health Service projects.

(3) The cumulative total expenditure of the Housing Improvement Program funds should not exceed $2,500 for any one dwelling.

(4) The funds shall be granted. No restrictions on the use of the home may be imposed. Repairs to homes being rented regardless of ownership may be made but rent cannot be increased as a result of the repair alone and applicants should have a reasonable certainty that they will remain in the house for a reasonable period following the repairs.

(b) Repairs to housing that will become standard. Under this category: (1) Financial assistance will be granted to finance repairs, renovation

and/or enlargement of existing structurally sound but deteriorated dwellings which can economically be placed in a standard condition.

(2) Upon completion of work, the dwelling should at least meet the decent, safe and sanitary standards of standard housing as defined in § 256.2(i).

(3) The total expenditure of the Housing Improvement Program funds should not exceed $20,000 for any one dwelling.

(4) Undertakings under this category are primarily for applicants who are living in their own home. Applicants who rent from Indian owners are eligible on the condition that, prior to the start of the improvement, a written occupancy agreement exists for a minimum of five years. The agreement must provide that rent for the term cannot be raised because of the improvement work. The owner must also agree in writing with the tribe that in the event the agreement is terminated prior to expiration of the term, he will hold the premises vacant for up to six months for a new occupant who meets the eligibility requirements of this part. Repair of a rental unit occupied by an eligible applicant but owned by a non-member of a Federally recognized Indian tribe (including non-Indians) will not be made unless approved in writing by the Area Director after receiving a written justification from the Superintendent.

(c) Down payments. Under this category:

(1) The Housing Improvement Program provides grants in order to make the applicant eligible to receive housing loans from tribal, Federal or other sources of credit. Grants are only for standard housing. The applicant must establish that he has an inadequate income or limited financial resources to meet the full cost of the loan.

(2) The grant should not exceed the amount necessary to secure the loan plus the closing costs or ten percent (10%) of the purchase price of the house plus the closing costs or $5,000 whichever is less. (In the case of Alaska, the grant amount should not exceed $6,000).

(3) The method of advancing the grant must insure that the funds are

(1) The Housing Improvement Program will provide the financing of the construction of new standard housing when it is established that there is no reasonable prospect that standard housing can by financed from sources other than the Housing Improvement Program. This category may not be used if there is an unmet need in the category given in paragraph (b) of this section, unless there is a dire need for assistance under this category and it is justified in writing and approved by the Area Director.

(2) The housing provided under this category must meet the housing standards of this Part 256. Two exceptions to standard housing will be permitted:

(i) Where one or more of the utilities are not available and there is no prospect of the utilities becoming available; and

(ii) In areas of severe climate, house size may be reduced to meet applicable building standards of the region. The house site must be chosen so that access to utilities is most economical, ingress and egress adequate, aesthetics are considered, and proximity to school bus routes are taken into account.

(3) The cumulative total expenditure of funds should not exceed $45,000 for a dwelling and equipment. (In the case of Alaska, the total expenditure of funds should not exceed $55,000.) The occupant will be responsible for all maintenance of the completed dwelling, and all utility fees, deposits or costs required for service. All contractor built houses must contain a oneyear warranty against defects, materials, and workmanship.

(4) The applicant must have ownership (as defined in § 256.2(h)) of the land on which the house is built. In the case of a leasehold interest, it must be for not less than 25 years. The applicant must sign a written

agreement that if he/she sells the house within the first ten (10) years from the date of ownership, the grant is voided and the full amount of the HIP grant will be repaid by the grantee to the Bureau of Indian Affairs. Subsequent to the first ten years, if the grantee sells the house, he/she may retain ten percent (10%) of the original grant amount per year beginning in the eleventh (11th) year with the remaining amount to be repaid to the Bureau of Indian Affairs. If the sale occurs twenty (20) years or more after the date of ownership, no repayment of any part of the grant will be due the Bureau of Indian Affairs.

(5) Adequate fire insurance where determined feasible by the Superintendent must be carried.

[40 FR 19195, May 2, 1975. Redesignated at 40 FR 44543, Sept. 29, 1975, and amended at 42 FR 43977, Sept. 1, 1977; 45 FR 2026, Jan. 10, 1980. Redesignated at 47 FR 13327, Mar. 30, 1982, and amended at 48 FR 41580, Sept. 16, 1983]

§ 256.5 Eligibility.

(a) Priority is given to families with the greatest need in relation to income, family size, and of not being eligible for other available programs providing housing assistance. Each application for assistance must be approved by the tribal housing authority or other officially designated housing entity of the tribe being served. Applications of non-tribal Indians must be submitted to the Superintendent of the local agency office for approval. Applications to the housing authority or other officially designated housing entity of the tribe being served must be in writing and must establish that: (1) The applicant is an Indian.

(2) The present housing of the applicant is substandard or inadequate in terms of capacity to meet the physical needs of the family.

(3) The economic resources of the applicant are inadequate or factors exist which make the applicant unable to secure housing from other sources.

(4) The applicant for assistance under one of the categories in § 256.4 meets the ownership requirements given under that category.

(b) After July 1, 1975, an applicant can only receive assistance one time

under categories given in paragraphs (b), (c), and (d) of § 256.4.

(c) The Department of Housing and Urban Development financed houses under the administration of an Indian housing authority will not be eligible for assistance until the end of the project indebtedness to the Federal Government.

§ 256.6 Program implementation.

The Housing Improvement Program will be implemented according to the plans, priorities and requests of the tribe served. In accordance with this, the methods which may be used to implement the program are:

(a) Direct grants to applicants.

(b) Contract or grant agreements negotiated with tribes, Indian housing authorities established pursuant to tribal ordinances or state laws, or incorporated tribal organizations. The completion of a specified amount of housing construction or improvement will either be performed directly by the tribe or organization or through a program of the tribe or organization providing funds and assistance to Indians.

(c) Contracts negotiated by the Bureau of Indian Affairs' Contracting Officer or his designated representative for elements of an agency Housing Improvement Program with one or more of the following: Tribes, Indian housing authorities, Indian controlled private enterprise, incorporated tribal organizations.

(d) Contracts with private nonIndian contracting firms in accordance with normal Bureau of Indian Affairs' contracting procedures.

(e) Programs administered directly by the Bureau of Indian Affairs.

§ 256.7 Appeals.

(a) If an applicant is denied assistance by failure to obtain tribal approval under § 256.5(a), he may appeal to the Superintendent. The Superintendent may approve assistance if the applicant is in serious need of housing. The Superintendent's decision on such appeals may be appealed by the applicant or the tribe under the provisions of Part 2 of this chapter.