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.
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 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.
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 Indian- owned 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.
Except as provided in paragraph (2) of this definition, standard housing must meet each of the following conditions:
General construction must conform to applicable tribal, county, State, or national codes and to appropriate building standards for the region;
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;
The heating system must be safe to operate and maintain and deliver a uniform heat distribution;
The plumbing system must include a properly installed system of piping and fixtures;
The electrical system must include wiring and equipment properly installed to safely supply electrical energy for lighting and appliance operation;
Occupants per dwelling must not exceed these limits:
Two bedroom dwelling: Up to four persons;
Three-bedroom dwelling: Up to seven persons;
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 additional bedrooms have at least 100 sq. ft. of floor space each;
The house site must provide economical access to utilities and must be easy to enter and leave; and
Aesthetics and access to school bus routes must be considered.
The following exceptions apply to the standards in paragraph (1) of this definition:
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
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.
Superintendent means the Bureau official in charge of an agency office.