implementation of HIP will be accomplished as follows:

(a) Develop and maintain a consistent and valid tribal inventory of needs. (b) Select families and/or individuals for assistance. To accomplish this task: (1) A current inventory of HIP applicants shall be developed.

(2) All HIP applications shall be received, reviewed, and screened.

(3) The BIA will ensure that HIP applications contain adequate information to determine eligibility. At a minimum, each application must include the information required in §256.6, i.e., name, family size, income, and financial status, condition of present housing, the type of housing assistance requested (Category A, B, C or D).

(4) A determination shall be made as to which HIP applicants are eligible to receive assistance and a priority list of applicants developed in accordance with the HIP Selection Criteria under §256.7.

(5) The type of assistance to be provided each selected applicant, the estimated cost, and construction schedule thereof shall be determined.

(c) Applicant Case File. A case file shall be kept on each approved applicant. The case file shall contain at a minimum:

(1) Tribal enrollment information.
(2) The condition of existing housing.
(3) Family size and composition.
(4) Income.

(5) Evidence of the inability of the applicant to secure housing from other

sources.

(6) Evidence that the applicant has not received HIP assistance after October 1, 1986.

The case file shall become a part of the record and must be retained for at least three years after the completion of the project.

(d) Construction Work Plan-Repair and renovation of existing housing or construction of new housing. A work plan shall be prepared specifying, by HIP Categories, the number of housing units to be repaired, renovated or built new. The repair, renovation, and new housing construction work shown on the plan must be consistent with the housing assistance work specified on the priority list for each applicant. The plan shall include the following:

(1) Category A Nonstandard Repairs. This category shall include a description of each repair to be performed, the cost estimate for each repair, the location of each unit to be repaired, a schedule, and the name of each applicant that is receiving this assistance.

(2) Category B Standard Repairs and Category D New Housing. This category shall include location of each unit to be repaired or built new, and the names of applicants to receive these units. In addition, for Category B repairs and Category D new housing, the plan shall also include preliminary drawings, specifications, cost estimates, and a phased construction schedule for each unit to be repaired, renovated, or built new. Drawings should fix and illustrate what is required to repair or build new houses by providing, when applicable: A design, elevations, unit and room total square feet, general construction, placement of heating mechanical, electrical, and utility systems, site layout for grading and utility distribution. Specifications should describe clearly the scope of work to repair or build a new house, the workmanship involved, and a statement describing the quality of materials.

(3) Category C Down Payments. This category shall include a description and location of the house to be purchased, verification of the applicant's intent to purchase a standard house, the sale price of the house, and a verification by the lender as to the amount of down payment and closing costs required for the applicant to qualify for the loan.

(e) Construction Start and Completion Dates. An anticipated construction start and completion date for each repair and new construction project to be performed shall be established. The construction start time should consider such factors as weather, location, family participation, availability of materials, and site preparation. All HIP recipients listed on the priority list must be notified of the work to be performed.

(f) Applicable Codes. Depending upon the type of construction involved, the appropriate local codes will be followed. If local codes are not available,

applicable State or National codes will be followed.

(g) Reporting Requirements. Quarterly reports shall be prepared on construction work undertaken and expenditures related to that construction work. The quarterly reports are due on the 15th day after the end of each calendar quarter, and shall contain for each HIP grant, at a minimum:

(1) Name of Grantee.

(2) Date of Construction start.
(3) Date of Completion.
(4) Cost.

(h) The HIP will serve those eligible applicants on an approved priority list. Design, construction, and repair of dwelling units may be accomplished through:

(1) Direct grants to individual applicants.

(2) Contracts or grant agreements with Indian tribes.

(3) Contracts with private Indian or non-Indian contracting firms in accordance with normal BIA contract procedures; or

(4) Programs administered directly by the BIA.

§ 256.9 Inspections.

(a) The BIA is responsible for inspection or the assurance that there is adequate provision for inspection by BIA employees, contractors, or subcontractors during the course of construction. The BIA shall have access at all reasonable times to work under contract for monitoring and inspection.

(b) Final payment for work performed will not be made until a final inspection is conducted by the BIA, and a determination is made that the work complies with all contract requirements.

§ 256.10 Appeals.

Actions taken by BIA officials may be appealed pursuant to part 2 of this chapter.

§ 256.11 Flood Disaster Protection.

No HIP funds, under Categories in paragraphs (b), (c), and (d) of §256.4, will be expended in areas designated as having special flood hazards under the Flood Disaster Protection Act of 1973 (Pub. L. 93-234, 87 Stat. 977), unless the

requirements for suitable flood insurance are met.

§ 256.12 Information Collection.

The information collection requirements contained in § 256.5 have been approved by the Office of Management and Budget under 44 U.S.C. 3501 et seq. and assigned clearance number 10760084. The information will be used to determine eligibility to participate in the HIP. Individuals who wish to participate in the HIP must contact the tribe in whose jurisdiction they reside, or the BIA office closest to their residence. Eligibility is determined based upon the criteria listed in §256.6. Response is required to obtain a benefit. Public reporting burden for this form is estimated to average thirty minutes per response, including the time for reviewing instructions, gathering and maintaining data, and completing and reviewing the form.

APPENDIX A TO PART 256-SUMMARY OF
SELECTION CRITERIA-POINT SCHEDULE

Sec.

PART 261-PRESERVATION OF ANTIQUITIES

261.1 Penalty.

261.2 Permits.

261.3 Supervision. 261.4 [Reserved]

261.5 Restoration of land after work com

pleted.

261.6 Superintendents authorized to confiscate antiquities illegally obtained or possessed.

261.7 Notice to public.

261.8 Report of violations.

261.9 Report on objects of antiquity.

AUTHORITY: Secs. 3, 4, 34 Stat. 225, as amended; 16 U.S.C. 432.

SOURCE: 22 FR 10570, Dec. 24, 1957, unless otherwise noted. Redesignated at 47 FR 13327, Mar. 30, 1982.

CROSS REFERENCE: For uniform regulations issued by the Secretaries of the Interior, Agriculture, and Army pertaining to the preservation of antiquities, see Public Lands; Interior, 43 CFR part 3.

$261.1 Penalty.

The appropriation, excavation, injury, or destruction of any historic or prehistoric ruin or monument, or any object of antiquity situated on lands owned or controlled by the Government of the United States, by any person or persons, without the permission of the Secretary of the department having jurisdiction over the lands on which said antiquities are situated, shall, upon conviction, subject such person or persons to be fined not to exceed $500 or imprisoned for not to exceed 90 days, or both.

$261.2 Permits.

The Departmental Consulting Archeologist may grant permits for the examination of ruins, the excavation of archeological sites, and the gathering of objects of antiquity on Indian tribal lands or on individually owned trust or restricted Indian lands. Permit application forms may be obtained from the Departmental Consulting Archeologist, National Park Service, Interior Building, Washington, D.C. 20240. Completed applications should be directed to the Departmental Consulting Archeologist

who will grant permits to reputable museums, universities, colleges or other recognized scientific or educational institutions, or to their duly authorized agents, subject to the regulations in this part and 43 CFR part 3. Copies of these regulations will be attached to the permit. Permits may be granted only after obtaining the consent of the Indian landowners, who may impose special conditions for inclusion in the permit, and the concurrence of the Bureau of Indian Affairs official having immediate jurisdiction over the property. Said Bureau official should not permit any excavation or explorations except as granted to the holders of permits.

[38 FR 18547, July 12, 1973. Redesignated at 47 FR 13327, Mar. 30, 1982]

§ 261.3 Supervision.

Superintendents may at all times examine the permit of any person or institution claiming the privileges referred to, and may fully examine all work done under such permit.

§ 261.4 [Reserved] ·

$261.5 Restoration of land after work

completed.

After the work is completed, institutions and persons receiving permits for excavation shall restore the lands upon which they have worked to their customary condition, to the satisfaction of the Indian owners and the Bureau of Indian Affairs official having immediate jurisdiction over said lands.

[38 FR 18548, July 12, 1973. Redesignated at 47 FR 13327, Mar. 30, 1982]

§ 261.6 Superintendents authorized to confiscate antiquities illegally obtained or possessed.

Superintendents or others in administrative charge of reservations are hereby directed and authorized to confiscate any antiquities that may have been illegally obtained or that may now be illegally in the possession of licensed Indian traders or others and to submit a report and description of the

articles confiscated and request instructions as to their disposition.

NOTE: This section prescribed to carry out provisions of 43 CFR 3.16.

$261.7 Notice to public.

Copies of the act of June 8, 1906 (34 Stat. 225), and the interdepartmental regulations of December 28, 1906 (43 CFR part 3), shall be posted conspicuously at all agency offices where the need is justified, and warning notices posted on the reservations and at or near the ruins or other articles to be protected. All licensed traders shall be notified immediately that failure to cease traffic in antiquities will result in a revocation of their license.

NOTE: This section prescribed to carry out provisions of 43 CFR 3.16.

$261.8 Report of violations.

Any and all violations of the regulations in this part should be reported to the Bureau of Indian Affairs immediately.

NOTE: This section prescribed to carry out provisions of 43 CFR 3.16.

$261.9 Report on objects of antiquity.

Superintendents shall from time to time inquire and report as to the existence, on or near their reservations, of ruins, and archaeological sites, historic or prehistoric ruins, or monument, historic landmarks and prehistoric structures, and other objects of antiquity.

PART 262-PROTECTION OF ARCHAEOLOGICAL RESOURCES

Sec.

262.1 Purpose, scope and information collection.

262.2 Definitions.

262.3 Consultation to determine need for a

permit.

262.4 Activities by Indian tribes or individuals that require a permit.

262.5 Application for permits.

262.6 Landowner consent by the Secretary. 262.7 Notice to Indian tribes of possible harm to cultural or religious sites. 262.8 Custody of archaeological resources. AUTHORITY: 16 U.S.C. 470aa-11.

CROSS REFERENCE: For uniform regulations issued by the Departments of Agriculture, Defense, and the Interior and the Tennessee Valley Authority pertaining to the protec

tion of archaeological resources, and for supplemental regulations issued by the Department of the Interior pertaining to the same, see 43 CFR part 7, subparts A and B.

SOURCE: 58 FR 65249, Dec. 13, 1993, unless otherwise noted.

EFFECTIVE DATE NOTE: At 58 FR 65249, Dec. 13, 1993, part 262 was added, effective June 13, 1994.

$262.1 Purpose, scope and information collection.

(a) Purpose and scope. The purpose of this part is to implement certain provisions of the Archaeological Resources Protection Act (Act) of 1979 (16 U.S.C. 470aa-11), in accordance with section 10(b) and consistent with uniform regulations promulgated under section 10(a) by the Secretaries of the Interior, Agriculture, and Defense and the Chairman of the Board of the Tennessee Valley Authority (43 CFR part 7, 36 CFR part 296, 32 CFR parts 229 and 1312) on February 6, 1984. This part shall provide guidance to officials of the Bureau of Indian Affairs (BIA) on the implementation of the Act as it pertains to this agency.

(b) Information collection. The information collection requirements contained in §262.5 do not require approval by the Office of Management and Budget under 44 U.S.C. 3501 et seq.

§ 262.2 Definitions.

As used for purposes of this part: (a) Funerary objects means objects that, as a part of the death rite or ceremony of a culture, are reasonably believed to have been placed with human remains of Indians either at the time of death or later, or to have been made exclusively for burial purposes or to contain such remains.

(b) Sacred objects means specific ceremonial objects that are needed by traditional Indian religious leaders for the practice of traditional Indian religions by their present day adherents.

(c) Object of cultural patrimony means an object having ongoing historical, traditional, or cultural importance central to an Indian tribe itself and that shall have been considered inalienable by the tribe at the time the object was separated therefrom. (d) Indian individual means: