U.S. Department of Housing and Urban Development

Public and Indian Housing

Special Attention of: Notice PIH 96-26 (HUD)

ONAP Administrators; Facilities Planning Issued: May 15, 1996

& Development Directors; Facilities Expires: May 31, 1997

Management Directors; and

Indian Housing Authorities (IHAs) Cross Reference: 24 CFR Part 950

Subject: Policies and Procedures on Maximum Allowable Total Development Cost

(TDC) for the HUD-assisted Indian Housing Program

1. Purpose: This Notice provides policies and procedures on the maximum

allowable Total Development Cost (TDC) for the HUD-assisted Indian

Housing (IH) Program. The imposition and determination of the maximum

TDC of a project is required by Section 6(b) of the U.S. Housing Act of

1937, as amended. A schedule of per unit maximum allowable TDCs for

Indian TDC Areas is included.

2. Background: The maximum allowable TDC ensures that adequate funds for

decent, safe, sanitary, durable, cost effective, energy efficient, and

culturally relevant housing will be provided for IH development

projects. The statutory maximum allowable TDC represents an upper limit

to be used by Area Offices of Native American Programs [herein after

called area offices] in the funding of IH developments and the review of

development budgets. All costs, excluding off-site water and sanitation

facilities infrastructure and any donations received, excluding other

HUD funds and Mutual Help Contributions, are considered in determining

the maximum allowable TDC of an IH development.

The maximum allowable TDC for a development is calculated by multiplying

the number of units for each bedroom size and structure type in the

development by the applicable per unit maximum allowable TDC for bedroom

size and structure type published herein and adding the resultant

amounts for all units in the development.

3. Applicability: All IH developments without an approved Actual

Development Cost Certificate shall be covered by the provisions of this

Notice.

4. Development Grant Approval: The area office shall reserve finds for

initial Development Grant Approval at the maximum allowable TDC for that

IH development. The area office may reserve below maximum allowable TDC

for special circumstances; such as, but not limited to:

a. The area office has insufficient finds to reserve at maximum

allowable TDC.

PI: Distribution: W-3-1, R-3-1(PIH), R-9, 138-7

b. The estimated cost per unit is significantly below maximum

allowable TDC.

5. Cost Review for IH Developments: The staff person assigned IH cost

responsibilities shall review the Development Grant Approval and all

development budgets for compliance with the published maximum allowable

TDC. A record of the review shall be kept on file at the area office.

6. IHA Responsibilities: The IHA is responsible for ensuring that the

housing design(s) for each IH development meets the building codes

adopted by the tribal or local government and the cost of the units to

HUD will not exceed the maximum allowable TDC or funds reserved.

7. Maximum Allowable TDC Area and Maximum Allowable TDC:

a. The maximum allowable TDC Area is the geographic area associated

with the published maximum allowable TDC figures. The area office

determines the maximum allowable TDC Areas within its jurisdiction.

Each maximum allowable TDC Area published herein specifies:

1) a geographical area with a defined boundary;

2) a type of structure;

3) a specific number of bedrooms included in the design; and

4) a dollar amount expressed as a maximum allowable TDC per unit.

b. The maximum allowable TDCs are determined by the Secretary pursuant

to Section 6(b) of the U.S. Housing Act of 1937, as amended, which

requires the construction cost guideline for the project (which

shall be determined by averaging the current construction costs, as

listed by not less than 2 nationally recognized residential

construction cost indices, for publicly bid construction of a good

and sound quality) to be multiplied by 1.75 for non-elevator type

structures.

c. The schedule of per unit maximum allowable TDC's included in this

notice are for single family dwellings (1-4 family structures). For

multifamily structures (more than 4 family), the area office shall

request maximum allowable TDCs from the Headquarters Office of

Native American Programs on a case by case basis.

8. Creation of New IH TDC Areas: Area offices should annually assess the

adequacy of the maximum allowable TDC Areas that currently exist within

its jurisdiction. The TDC Area should be a single contiguous physical

area with a clearly identified boundary line. The area and boundary line

should be indicated on a current state road map and maintained on file

in the area office. TDC Areas should have a relatively consistent

construction bidding environment and should be mutually exclusive in a

geographic sense. The area office may recommend to ONAP Headquarters the

addition or modification of a TDC Area for publication.

9. Exceeding Published Maximum Allowable TDCs:

a. The TDCs may be exceeded by up to 10% of the published maximum

allowable TDC for special situations; such as, but not limited to:

1) An increase in cost due to relocation costs as required by

other regulations or laws.

2) An increase in cost due to on-site solid waste start-up costs

necessary to access existing solid waste removal services.

3) An increase in cost due to the use of energy efficient housing

design(s).

4) An increase in cost due to the use of culturally relevant

design(s).

The area office Administrator may approve TDCs up to 110% of the

published maximum allowable TDC for special situations.

b. The TDCs may exceed 110% of the published maximum allowable TDC for

good cause; such as, but not limited to:

1) An increase in costs due to unforeseen site improvement costs

(on-site only, not including any cost related to roads or

driveways.)

2) Cost increases due to project delays beyond the control of the

IHA.

Each request to exceed 110% of the published maximum allowable TDC

for an IH development shall be submitted to the Deputy Assistant

Secretary for Native American Programs for approval. The requests

must specify the "good cause" with appropriate documentation

supporting the recommended action.

c. The area office shall maintain on file a copy of the justification

and supporting documentation for each request to exceed maximum

allowable TDC and the subsequent approval or disapproval.

d. Any request to exceed the published maximum allowable TDC for an IH

development is subject to fund availability.

10. Time Adjustments: Data used for the calculation of maximum allowable

TDCs will be adjusted for time to coincide with the publication of

maximum allowable TDCs. No adjustments to the published maximum

allowable TDCs herein are authorized.

Kevin Emanuel Marchman, Deputy Assistant Secretary

for Distressed and Troubled Housing Recovery

SCHEDULE OF MAXIMUM ALLOWABLE TDC PER UNIT

Indian One Two Three Four Five

TDC Area State Bedroom Bedroom Bedroom Bedroom Bedroom

EASTERN/WOODLANDS

Alabama State Ala $70,352 $76,633 $89,765 $107,531 $121,229

Mowa Band of Choctaw Ala $73,630 $80,210 $94,021 $112,724 $127,128

Poarch Band of Creek Ala $73,008 $79,534 $93,245 $111,821 $126,121

Mashantucket W. Pequot Conn $110,550 $120,526 $131,796 $157,553 $177,359

Mohegan of CT Conn $110,550 $120,526 $131,796 $157,553 $177,359

Paucatuck E. Pequot Conn $110,550 $120,526 $131,796 $157,553 $177,359

Schaghticoke Conn $111,868 $121,958 $133,293 $159,233 $179,201

Eastern Muskogee Fla $69,146 $75,313 $88,164 $105,531 $118,937

Seminole, Tampa Fla $75,186 $81,901 $95,958 $114,983 $129,646

Seminole (Big Cyprus) Fla $78,405 $85,391 $99,893 $119,470 $134,599

Seminole (Brighton) Fla $78,405 $85,391 $99,893 $119,470 $134,599

Lower Muskogee Ga $67,035 $73,022 $85,560 $102,530 $115,607

Pokagon Potawatomi Ind $104,111 $113,527 $124,440 $149,226 $168,198

Schedule Page 1

All TDCs listed are for detached dwellings (one-four family dwellings). For

other structure types, e.g., walkup, elevator, etc., contact the Area ONAP

Office.

SCHEDULE OF MAXIMUM ALLOWABLE TDC PER UNIT

Indian One Two Three Four Five

TDC Area State Bedroom Bedroom Bedroom Bedroom Bedroom

Sac & Fox Iowa $92,090 $100,424 $110,148 $132,199 $149,057

Aroostook Band of Me $91,684 $99,965 $109,423 $130,982 $147,528

MicMac

Houlton Maliseet Me $91,684 $99,965 $109,423 $130,982 $147,528

Indian Township Me $94,752 $103,317 $113,173 $135,599 $152,786

Penobscot Me $94,752 $103,317 $113,173 $135,599 $152,786

Pleasant Point Me $94,752 $103,317 $113,173 $135,599 $152,786

Mashpee Wampanoag Mass $109,889 $119,815 $131,158 $157,01 1 $176,849

Nipmuc Mass $109,380 $119,251 $130,404 $155,894 $175,493

Wampanoag (Gay Head)Mass $136,813 $149,170 $163,278 $195,439 $220,123

Bay Mills Mich $87,546 $95,457 $104,537 $125,210 $141,062

Grand Traverse Mich $88,414 $96,405 $105,598 $126,516 $142,549

Hannahville Mich $91,637 $99,913 $109,348 $130,862 $147,379

Huron Potawatomi Mich $94,880 $103,458 $113,367 $135,892 $153,143

Schedule Page 2

All TDCs listed are for detached dwellings (one-four family dwellings). For

other structure types, e.g., walkup, elevator, etc., contact the Area ONAP

Office.

SCHEDULE OF MAXIMUM ALLOWABLE TDC PER UNIT

Indian One Two Three Four Five

TDC Area State Bedroom Bedroom Bedroom Bedroom Bedroom

Keweenaw Bay Mich $91,179 $99,420 $108,901 $130,475 $147,009

Lac Vieux Desert Mich $91,179 $99,420 $108,901 $130,475 $147,009

Little River Mich $88,414 $96,405 $105,598 $126,516 $142,549

Little Traverse Mich $88,414 $96,405 $105,598 $126,516 $142,549

Manistique Mich $89,443 $97,524 $106,780 $127,863 $144,035

Pokagon Potawatomi Mich $94,880 $103,458 $113,367 $135,892 $153,143

Saginaw Chippewa Mich $93,442 $101,885 $111,572 $133,627 $150,540

Sault Ste. Marie Mich $91,637 $99,913 $109,348 $130,862 $147,379

(Escanaba)

Sault Ste. Marie Mich $91,179 $99,420 $108,901 $130,475 $147,009

(Marquette)

Sault Ste. Marie Mich $87,546 $95,457 $104,537 $125,210 $141,062

(Sault Ste. Marie)

Boise Forte Minn $102,400 $111,651 $122,235 $146,349 $164,850

Fond du Lac Minn $104,136 $113,547 $124,356 $148,961 $167,825

Grand Portage Minn $104,136 $113,547 $124,356 $148,961 $167,825

Leech Lake Minn $99,108 $108,066 $118,383 $141,850 $159,834

Schedule Page 3

AlI TDCs listed are for detached dwellings (one-four family dwellings). For

other structure types, e.g., walkup, elevator, etc., contact the Area ONAP

Office.

SCHEDULE OF MAXIMUM ALLOWABLE TDC PER UNIT

Indian One Two Three Four Five

TDC Area State Bedroom Bedroom Bedroom Bedroom Bedroom

Mille Lacs Minn $101,371 $110,532 $121,053 $145,002 $163,364

Minnesota Dakota Minn $92,022 $100,348 $110,046 $132,046 $148,870

(Lower Soo)

Minnesota Dakota Minn $107,199 $116,884 $127,985 $153,266 $172,656

(Prairie Island)

Red Lake Minn $99,108 $108,066 $118,383 $141,850 $159,834

White Earth Minn $90,788 $99,002 $108,557 $130,240 $146,826

Mississippi Band Miss $64,914 $70,717 $82,922 $99,459 $112,187

of Choctaw

Cayuga NY $109,009 $118,862 $130,197 $155,990 $175,758

Oneida NY $98,773 $107,702 $117,992 $141,396 $159,329

Seneca NY $109,009 $118,862 $130,197 $155,990 $175,758

St. Regis NY $98,924 $107,854 $117,986 $141,119 $158,894

Cherokee NC $70,799 $77,123 $90,372 $108,305 $122,123

NC State NC $73,221 $79,752 $93,363 $111,758 $125,956

Narragansett RI $112,307 $122,437 $133,828 $159,893 $179,953

Schedule Page 4

All TDCs listed are for detached dwellings (on-four family dwellings). For

other structure types, e.g., walkup, elevator, etc., contact the Area ONAP

Office.

SCHEDULE OF MAXIMUM ALLOWABLE TDC PER UNIT

Indian One Two Three Four Five

TDC Area State Bedroom Bedroom Bedroom Bedroom Bedroom

Catawba SC $69,000 $75,171 $88,156 $105,755 $119,297

Bad River Wisc $95,816 $104,482 $114,530 $137,351 $154,817

Forrest County Wisc $94,080 $102,586 $112,409 $134,739 $151,842

Ho-Chunk Wisc $94,948 $103,534 $113,470 $136,045 $153,330

Lac Courte Oreilles Wisc $95,816 $104,482 $114,530 $137,351 $154,817

Lac du FIambeau Wisc $94,080 $102,586 $112,409 $134,739 $151,842

Menominee Wisc $94,446 $102,984 $112,837 $135,239 $152,400

Mohican Wisc $94,080 $102,586 $112,409 $134,739 $151,842

Oneida Wisc $93,578 $102,036 $111,776 $133,933 $150,913

Red Cliff Wisc $95,816 $104,482 $114,530 $137,351 $154,817

Saint Croix Wisc $95,816 $104,482 $114,530 $137,351 $154,817

Sokoagon Wisc $94,080 $102,586 $112,409 $134,739 $151,842

Schedule Page 5

All TDCs listed are for detached dwellings (one-four family dwellings). For

other structure types, e.g., walkup, elevator, etc., contact the Area ONAP

Office.

SCHEDULE OF MAXIMUM ALLOWABLE TDC PER UNIT

Indian One Two Three Four Five

TDC Area State Bedroom Bedroom Bedroom Bedroom Bedroom SOUTHERN PLAINS

Northeast Kan $73,713 $80,303 $94,150 $112,910 $127,351

Kickipoo, et al

Chitimacha La $67,596 $73,639 $86,337 $103,538 $116,780

Ardmore Okla $67,650 $73,689 $86,305 $103,370 $116,531

Chicasaw

BartlesviIle Okla $68,090 $74,171 $86,902 $104,132 $117,411

Osage

Enid Okla $67,339 $73,350 $85,918 $102,919 $116,027

Otoe MS, Ponka, Kaw, Tonawa,

Cheyenne Arapaho

Lawton Okla $68,273 $74,365 $87,081 $104,274 $117,538

Caddo, Comanche, Kiowa, Apache

McAlester Okla $68,906 $75,064 $87,991 $105,500 $118,983

Choctaw

Muskogee Okla $69,217 $75,402 $88,379 $105,952 $119,486

Cherokee, Creek

Shawnee Okla $71,030 $77,381 $90,736 $108,831 $122,758

Schedule Page 6

All TDCs listed are for detached dwellings (on-four family dwellings). For

other structure types, e.g., walkup, elevator, etc., contact the Area ONAP

Office.

SCHEDULE OF MAXIMUM ALLOWABLE TDC PER UNIT

Indian One Two Three Four Five

TDC Area State Bedroom Bedroom Bedroom Bedroom Bedroom

Absentee, Shawnee, Sac & Fox,

Seminole

Stillwater Okla $67,339 $73,350 $85,918 $102,919 $116,027

Pawnee

Eagle Pass Texas $70,215 $76,488 $89,646 $107,462 $121,185

Kickapoo

Houston Texas $73,456 $80,014 $93,731 $112,290 $126,598

Alabama Coshata

Schedule Page 7

AlI TDCs listed are for detached dwellings (one-four family dwellings). For

other structure types, e.g., walkup, elevator, etc., contact the Area ONAP

Office.

SCHEDULE OF MAXIMUM ALLOWABLE TDC PER UNIT

Indian One Two Three Four Five

TDC Area State Bedroom Bedroom Bedroom Bedroom Bedroom NORTHERN PLAINS

Southern Ute Colo $88,618 $96,632 $105,905 $126,975 $143,108

Ute Mountain Ute Colo $88,618 $96,632 $105,905 $126,975 $143,108

Blackfeet Mont $91,774 $100,065 $109,552 $131,168 $147,752

Chippewa Cree Mont $91,774 $100,065 $109,552 $131,168 $147,752

Crow Tribal Mont $92,276 $100,614 $110,185 $131,974 $148,682

Fort Belknap Mont $91,774 $100,065 $109,552 $131,168 $147,752

Fort Peck Mont $92,642 $101,013 $110,613 $132,474 $149,239

Northern Cheyenne Mont $92,276 $100,614 $110,185 $131,974 $148,682

Sash & Kootenai Mont $91,042 $99,268 $108,696 $130,169 $146,637

Omaha Tribal Neb $87,955 $95,911 $105,151 $126,128 $142,179

Ponca Neb $87,955 $95,911 $105,151 $126,128 $142,179

Santee Sioux Neb $85,487 $93,219 $102,174 $122,517 $138,090

Winnebago Neb $87,955 $95,911 $105,151 $126,128 $142,179

Schedule Page 8

All TDCs listed are for detached dwellings (one-four family dwellings). For

other structure types, e.g., walkup, elevator, etc., contact the Area ONAP

Office.

SCHEDULE OF MAXIMUM ALLOWABLE TDC PER UNIT