PRP.9.2.010 General Definitions

Any term not defined in this section shall be given its ordinary meaning. The following terms, wherever used in this ordinance, shall apply to these Policies and Procedures and shall be construed to apply as follows, except where context indicates otherwise:

(a) "100% of the Area Median Income" for a household means two times the income limit for very low-income families, for the relevant household size, as published by the Department of Housing and Urban Development (HUD) in accordance with 42 U.S.C. 1437a(b)(2) for purposes of the HAF Program.

(b) "100% of the Median Income for the United States" means the median income of the United States, as published by HUD.

(c) "150% of the Area Median Income" for a household means three times the income limit for very low-income families, for the relevant household size, as published by HUD in accordance with 42 U.S.C. 1437a(b)(2) for purposes of the HAF Program.

(d) "Applicant" a homeowner who applies for assistance pursuant to this ordinance.

(e) "ARPA" means the American Rescue Plan Act.

(f) "ARPA Program Manager" means the person employed by the Lac Courte Oreilles Tribe to administer the American Rescue Act Plan programs on behalf of the Band.

(g) "Broadband Internet Access Service" in 47 CFR 8.1(b) is "a mass market retail service by wire or radio that provides the capability to transmit data to and receive data from all or substantially all internet endpoints, including any capabilities that are incidental to and enable the operation of the communications service, but excluding dial-up internet access service. This term also encompasses any service that the [Federal Communications] Commission ﬁnds to be providing a functional equivalent of the service described in the previous sentence or that is used to evade the protections set forth in this part."

(h) "Conforming Loan Limit" means the applicable limitation governing the maximum original principal obligation of a mortgage secured by a single-family residence, a mortgage by a 2- family residence, a mortgage secured by a 3-family residence, or a mortgage secured by a 4- family residence, as determined and adjusted annually under section 302(b)(2) of the Federal Mortgage Association Charter Act (12 U.S.C. § 1717(b)(2) and section 305(a)(2) of the Federal Home Loan Mortgage Corporation Act (12 US.C. § 1454(a)(2).

(i) "COVID-19" the viral disease known as SARS- CoV-2.

(j) "Dwelling" means any building, structure, or portion thereof that is occupied as, or designed or intended for occupancy as, a residence by one or more individuals.

(k) "Eligibly Entity" under the Homeowner Assistance Fund means (1) a state, (2), the Department of Hawaiian Home Lands, (3) each Indian tribe (or, if applicable, the tribally designated housing entity of an Indian tribe) that was eligible for a grant under Title I of the Native American Housing Assistance and Self- Determination Act of 1996 (25 U.S.C. § 4111 et seq.) for ﬁscal year 2020, and (4) any Indian tribe that opted out of receiving a grant allocation under the Native American Housing Block Grants program formula in ﬁscal year 2020.

(l) "Eligible Homeowner" means for the purpose of this chapter, an enrolled tribal member of the tribe and they own a pre-existing primary dwelling located on the reservation.

(m) "Financial Hardship" means a material reduction in income or material increase in living expenses associated with the coronavirus pandemic that has created or increased a risk of mortgage delinquency, mortgage default, foreclosure, loss of utilities or home energy services, or displacement for a homeowner.

(n) "Household" means for the purpose of this chapter a family unit occupying a primary dwelling on the reservation of which the head of household, or the dwelling owner, must be an enrolled member of the tribe.

(o) "Indian Tribe" means a tribe that is a federally recognized tribe or a "State recognized tribe" as those terms are deﬁned in NAHASDA, 25 U.S.C. 4103(13).

(p) "Mortgage" means any credit transaction (1) that is secured by a mortgage, deed of trust, or other consensual security interest on a principal residence of a borrower that is (a) a one- to four-unit Dwelling, or (b) a residential real property that includes a one- to four-unit Dwelling; and (2) the unpaid principal balance of which was, at the time of origination, not more than the conforming loan limit. For purposes of this deﬁnition, the conforming loan limit means the applicable limitation governing the maximum original principal obligation of a mortgage secured by a single-family residence, a mortgage secured by a two-family residence, a mortgage secured by a three-family residence, or a mortgage secured by a four- family residence, as determined and adjusted annually under section 302(b)(2) of the Federal National Mortgage Association Charter Act (12 U.S.C. 1717(b)(2)) and section 305(a)(2) of the Federal Home Loan Mortgage Corporation Act (12 U.S.C. 1454(a)(2)).

(q) "Primary Dwelling" means a residence or dwelling which is located on the reservation and is owned by an enrolled member of the tribe.

(r) "Qualified Expenses" means any determination by the ARPA manger that is deemed compliant under this chapter in furtherance of the purpose of the HAF program. Expenses that are not eligible will be projects that cannot be competed under the terms of the chapter, including additional costs, extensive additional repairs beyond the scope of the original determination by the AARPA manager.

(s) "Reasonable Repair' for the purposes of this chapter a reasonable repair is a repair to a primary dwelling that is necessary for the safety and health of the occupants. A repair that cannot be completed under the requirements of this chapter shall be deemed to be unreasonable and thus not eligible. Repairs that require additional work outside the scope of the original repair is ineligible. Any repairs that damage or otherwise leave the primary dwelling or building unsafe for the inhabitants shall be deemed ineligible.

(t) "Secretary" means the Secretary of the U.S. Department of Treasury, except where otherwise indicated.

(u) "Socially Disadvantaged Individuals" means those who have been subject to racial or ethnic prejudice or cultural bias because of their identity as a member of a group without regard to their individual qualities. The social disadvantage must stem from circumstances beyond their control. There is a rebuttable presumption that the following individuals are socially disadvantaged: Black Americans, Hispanic Americans, Native Americans, and Asian Americans and Paciﬁc Islanders. In addition, an individual may be determined to be a socially disadvantaged individual in accordance with the procedures set forth in 13 C.F.R. § 124.103(c) or (d).

(v) "Treasury" means the U.S. Department of Treasury.

(w) "Tribal Member" means aa enrolled member of the Lac Courte Oreilles Indian Tribe.

(x) "Tribe" means the Lac Courte Oreilles Band of Lake Superior Chippewa Indians.