[Federal Register Volume 60, Number 9 (Friday, January 13, 1995)]
[Notices]
[Pages 3324-3329]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-958]
[[Page 3323]]
_______________________________________________________________________
Part V
Department of Housing and Urban Development
_______________________________________________________________________
Office of the Assistant Secretary for Public and Indian Housing
_______________________________________________________________________
Public Housing Drug Elimination Technical Assistance Program; Funding
Availability--FY 1995; Notice
Federal Register / Vol. 60, No. 9 / Friday, January 13, 1995 /
Notices
[[Page 3324]]
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
Office of the Assistant Secretary for Public and Indian Housing
[Docket No. N-95-3841; FR-3790-N-01]
Public Housing Drug Elimination Technical Assistance Program;
Funding Availability--FY 1995
AGENCY: Office of the Assistant Secretary for Public and Indian
Housing, HUD.
ACTION: Public Housing Drug Elimination Technical Assistance Program
Notice of Funding Availability (NOFA) for Fiscal Year (FY) 1995.
-----------------------------------------------------------------------
SUMMARY: This NOFA announces the FY 1995 availability of $3 million to
fund qualified applicants. The purpose of this program is to provide
short-term technical assistance to public housing agencies (PHAs),
Indian housing authorities (IHAs), resident management corporations
(RMCs), and incorporated resident councils (RCs) that are combating
drug-related crime and abuse of controlled substances in public and
Indian housing communities. These funds reimburse consultants who
provide expert advice and work with housing authorities or resident
councils to assist them in gaining skills and training to eliminate
drug abuse and related problems from public housing communities. This
document describes the purpose of the NOFA, applicant eligibility,
selection criteria, eligible and ineligible activities, application
processing, consultant eligibility, and consultant application
processing.
DATES: This NOFA is effective January 13, 1995. Technical assistance
applications and consultant application kits may be immediately
submitted to the address specified in the application kit. There is no
application submission deadline for the short-term technical assistance
funds available under this NOFA. Technical assistance applications will
be reviewed on a continuing basis, until funds available under this
NOFA are expended.
ADDRESSES: (a) An application kit may be obtained from the local HUD
Field Office with jurisdiction or by calling HUD's Drug Information and
Strategy Clearinghouse at (800) 578-3472; or for hearing- or speech-
impaired persons (202) 708-0850 (TDD) (The TDD number is not a toll-
free number). The application kit contains information on all exhibits
and requirements of this NOFA.
(b) An applicant must submit the application to the address
specified in the application kit.
(c) In addition, applicants must simultaneously forward a copy of
these documents to the HUD Field Office or Office of Native American
Programs with jurisdiction over the relevant housing authority. This
copy must be addressed to Director, Public Housing Division, or
Administrator, Office of Native American Programs, as appropriate.
FOR FURTHER INFORMATION CONTACT: Elizabeth Cocke, Crime Prevention and
Security Division (CPSD), Office of Community Relations and Involvement
(OCRI), Room 4116, Department of Housing and Urban Development, 451
Seventh Street, SW., Washington, DC 20410, telephone (202) 708-1197. A
telecommunications device for hearing- or speech-impaired persons (TDD)
is available at (202) 708-0850. (These are not toll-free numbers.)
SUPPLEMENTARY INFORMATION:
Paperwork Reduction Act Statement
The information collection requirements contained in this notice
have been submitted to the Office of Management and Budget for review
under the provisions of the Paperwork Reduction Act (44 U.S.C. 3501-
3520), and assigned OMB control number 2577-0133.
I. Purpose and Substantive Description
(a) Authority
Funds for both training and this technical assistance (TA) program
have been appropriated by the Departments of Veterans Affairs and
Housing and Urban Development, and Independent Agencies Appropriations
Act, 1995 (Pub. L. 103-327, approved September 28, 1994).
The TA program is intended to provide immediate, short-term (90
days for completion) training, recommendations, and assistance to
assess needs, train staff and residents, identify and design
appropriate strategies to eliminate drugs and drug-related crime, and
generally prepare and educate public housing and resident organization
staff and residents to address problems related to crime and the abuse
of controlled substances in public housing communities. HUD encourages
housing authorities and eligible resident organizations with or without
a drug elimination grant in their communities to use this resource.
Technical assistance is not intended for program implementation or the
financial support of existing programs.
(b) Allocation Amounts
The Departments of Veterans Affairs and Housing and Urban
Development, and Independent Agencies Appropriations Act, 1995 (Pub. L.
103-327, approved September 28, 1994) appropriated $290 million for the
Drug Elimination Program, of which $3 million is to be used for funding
this technical assistance and training program. Of this $3 million, not
more than $200,000 may be used for applicants who received sufficient
points for funding under the Fiscal Year (FY) 1994 Notice of Funding
Availability (NOFA) after FY 1994 funds were exhausted. The remaining
amount will be available for new applications for short-term technical
assistance of up to $25,000 per request.
(c) Eligibility
The following is a listing of eligible applicants, eligible
consultants, eligible activities, ineligible activities, and general
program requirements under this NOFA.
(1) Eligible Applicants
(i) Public housing agencies (PHAs), Indian housing authorities
(IHAs), incorporated resident councils (RCs), resident organizations
(ROs) in the case of IHAs, and resident management corporations (RMCs)
are eligible to receive short-term technical assistance services under
this NOFA.
(ii) An eligible RC or RO must be an incorporated nonprofit
organization or association that meets each of the following
requirements:
(A) It must be representative of the residents it purports to
represent.
(B) It may represent residents in more than one development or in
all of the developments of a PHA or IHA, but it must fairly represent
residents from each development that it represents.
(C) It must adopt written procedures providing for the election of
specific officers on a regular basis (but at least once every three
years).
(D) It must have a democratically elected governing board. The
voting membership of the board must consist of residents of the
development or developments that the resident organization or resident
council represents.
(iii) An eligible RMC must be an entity that proposes to enter
into, or that enters into, a management contract with a PHA under 24
CFR part 964, or a management contract with an IHA. An RMC must have
each of the following characteristics:
(A) It must be a nonprofit organization that is incorporated under
the laws of the State or Indian tribe in which it is located.
(B) It may be established by more than one resident organization or
resident [[Page 3325]] council, so long as each such organization or
council:
(1) Approves the establishment of the corporation; and
(2) Has representation on the Board of Directors of the
corporation.
(C) It must have an elected Board of Directors.
(D) Its by-laws must require the Board of Directors to include
representatives of each resident organization or resident council
involved in establishing the corporation.
(E) Its voting members must be residents of the development or
developments it manages.
(F) It must be approved by the resident council. If there is no
council, a majority of the households of the development must approve
the establishment of such an organization to determine the feasibility
of establishing a corporation to manage the development.
(G) It may serve as both the resident management corporation and
the resident council, so long as the corporation meets the requirements
of 24 CFR part 964 for a resident council. (In the case of a resident
management corporation for an Indian Housing Authority, it may serve as
both the RMC and the RO, so long as the corporation meets the
requirements of this NOFA for a resident organization.)
(iv) Applicants are eligible to apply to receive technical
assistance if they are already receiving technical assistance under
this program, as long as the request creates no scheduling conflict
with other TA requests from the same applicant.
(v) Applicants are eligible to apply to receive technical
assistance whether or not they are already receiving drug elimination
funds under the Public Housing Drug Elimination Program.
(vi) In circumstances determined by HUD to be crime and drug-
related and to require immediate attention because of drug and crime
issues, eligible parties may receive technical assistance initiated and
approved by HUD. These circumstances may include, for example,
consistently poor applications for drug elimination funds, the need for
training, pervasive drug-related violence, disputes among tenants, and
disputes between tenants and management. HUD will use the procedures of
this NOFA to select a consultant in these cases.
(vii) The applicant must have substantially complied with the laws,
regulations, and Executive Orders applicable to the Drug Elimination TA
Program, including applicable civil rights laws. Noncompliance may be
evidenced by: an outstanding finding of civil rights noncompliance,
unless the applicant demonstrates that it is operating in compliance
with a HUD-approved compliance agreement designed to correct the
area(s) of noncompliance; an adjudication of a civil rights violation
in a civil action brought against it by a private individual, unless
the applicant demonstrates that it is operating in compliance with a
court order designed to correct the area(s) of noncompliance; a
deferral of Federal funding based upon civil rights violations; a
pending civil rights suit brought against it by the Department of
Justice; or an unresolved charge of discrimination issued against it by
the Secretary under section 810(g) of the Fair Housing Act, as
implemented by 24 CFR 103.400.
(2) Eligible Consultants
Consultants who want to provide short-term technical assistance
services under this NOFA must be listed in the Consultant Database
approved by HUD's Crime Prevention and Security Division (CPSD). To be
included in that database, consultants must complete, in accordance
with the requirements of section I(c)(2)(ii), below, of this NOFA, a
consultant application packet available from the Drug Information and
Strategy Clearinghouse at (800) 578-3472, or (202) 708-0850 (TDD), and
submit the packet to the address specified in the application kit. (The
TDD number is not a toll-free number.)
(i) Consultant eligibility. HUD is seeking individuals or entities
who have experience working with public or Indian housing or other low-
income populations to provide short-term technical assistance under
this NOFA. Consultants who have previously been deemed eligible and are
part of the TA Consultant Database need not reapply, but they are
encouraged to update their file with more recent experience and rate
justification. To qualify as eligible consultants, individuals or
entities should have experience in one or more of the following general
areas:
(A) PHA/IHA-related experience: agency organization and management;
facility operations; program development; experience working with
residents and community organizations.
(B) Anti-crime- and anti-drug-related experience: prevention/
intervention programs; enforcement strategies; alternative programs.
(C) HUD especially encourages PHAs, IHAs, PHA/IHA employees, RMCs,
incorporated resident councils and resident organizations, and public
and Indian housing residents, with experience in the above areas, to
submit a consultant application for eligibility under this NOFA.
Eligible consultants will be entered into the Consultant Database for
possible recommendation to technical assistance applicants.
(ii) Applying to be a consultant. Individuals or entities
interested in being listed in the TA Consultant Database should prepare
their applications and send them to the address specified in the
application kit. Before they can be entered into the Consultant
Database, consultants must submit an application that includes the
following information:
(A) The Consultant Resource Inventory Questionnaire, including
three references;
(B) A resume;
(C) A narrative statement regarding the consultant's experience in
the specific skills identified on the Resource Inventory Questionnaire,
and outlining the consultant's overall approach;
(D) Evidence submitted by the consultant to HUD that documents the
standard daily fee previously paid to the consultant for technical
assistance services similar to those requested under this NOFA. For
consultants who can justify up to the equivalent of ES-IV per day, this
evidence can include an accountant's statement, W-2 Wage Statements, or
payment statements, and it should be supplemented with a signed
statement or other evidence from the employer of days worked in the
course of the particular project (for a payment statement) or the tax
year (for a W-2 Statement).
For consultants who can justify above the equivalent of ES-IV per
day, there must be three forms of documentation of the daily rate: (1)
A previous payment statement showing the daily rate paid, or the
overall amount paid and the number of days for work of a similar nature
to that offered in this TA program; (2) a certified accountant's
statement outlining the daily rate; and (3) a signed statement from the
consultant that the certified daily rate was charged for work of a
nature similar to that being provided for the Drug Elimination
Technical Assistance Program. The accountant must be able to
demonstrate independence from the consultant's business.
(iii) Consultant payment. HUD will determine a specific fee to pay
a consultant under this NOFA based upon the evidence submitted in
section I(c)(2)(ii)(D), above, of this NOFA.
(iv) Conflicts of interest. In addition to the conflict of interest
requirements in 24 CFR part 85:
(A) No person who is an employee, agent, officer, or appointed
official of the applicant may be funded as a consultant to the
applicant by this Drug [[Page 3326]] Elimination Technical Assistance
Program.
(B) Consultants who wish to provide drug elimination technical
assistance services through this program may not have any involvement
in the preparation or submission of the TA proposal that requests their
services. Any involvement of the consultant will be considered a
conflict of interest, which makes the consultant ineligible for
providing consulting services to the applicant and could disqualify the
consultant from future consideration.
(3) Eligible Activities
To assist the eligible applicants identified in section I(c)(1),
above, of this NOFA, in responding immediately to drug-related problems
in public and Indian housing developments, HUD has supplemented the
Public Housing Drug Elimination Program (PHDEP) and Youth Sports
Program (YSP) with funds for short-term technical assistance. Short-
term technical assistance means that consultants shall only be
reimbursed for a maximum of 30 days of work, which must be completed in
less than 90 days from the date of the approved statement of work. The
TA program is intended to provide short-term, immediate assistance to
PHAs, IHAs, RMCs, RCs, and ROs in developing and/or implementing their
strategies to eliminate drugs and drug-related crime. The program will
fund the use of consultants who can provide the necessary consultation
and/or training for the types of activities outlined below, or to fund
the use of consultants who will assist the applicant in undertaking a
task such as program planning and development for future strategies to
eliminate drugs and drug-related crime, or conducting a needs
assessment or survey. To assist housing authorities and resident
councils, the TA program funds efforts in:
(i) Assessing drug problems in public or Indian housing
development(s) and surrounding community(ies);
(ii) Designing and identifying appropriate anti-crime and anti-
drug-related practices and programs in the following areas:
(A) Law enforcement strategies, including negotiating with the
local police, working with Federal law enforcement, Operation Safe
Home, Weed and Seed, and other federal anti-crime efforts;
(B) Management techniques;
(C) Youth initiatives;
(D) Family management/parenting;
(E) Resident intervention and assistance programs;
(F) Community organization and leadership development; and
(G) Other areas that meet the purposes of eliminating drugs and
drug-related crime described in this NOFA, as determined by HUD.
(iii) Training for housing authority staff and residents in anti-
crime and anti-drug practices, programs, and management;
(iv) Improving overall agency management, operations, and
programming so that the applicant can more effectively respond to crime
and drug problems in the targeted public housing development(s).
(4) Ineligible Activities
(i) Funding is not permitted for any type of monetary compensation
for residents unless they are listed in the TA Consultant Database and
are working as consultants.
(ii) Funding is not permitted for any activity that is funded under
any other HUD program.
(iii) Funding is not permitted for salary or fees to the staff of
the applicant, or former staff of the applicant within a year of his or
her leaving the housing authority or resident organization.
(iv) Funding is not permitted for underwriting conferences.
(v) Funding is not permitted for conference speakers unless the
speaker will also be providing additional TA as outlined in the
eligible activities in sections I(c)(3) (i)-(iv), above, of this NOFA.
(vi) Funding is not permitted for program implementation, proposal
writing, the purchase of hardware or equipment, or any activities
deemed ineligible in the Drug Elimination Program, excluding
consultant's fees.
(5) General Program Requirements
(i) Applications for short-term technical assistance may be funded
up to $25,000 per request, with HUD providing payment directly to the
authorized consultant for the consultant's fee, travel, room and board,
and other approved costs.
(ii) Applicants that have not previously received technical
assistance under this program may submit only one application
initially. After the applicant's initial technical assistance report
has been received and reviewed by HUD or the contractor administering
the program, as appropriate, the applicant may submit multiple
applications.
(d) Selection Criteria/Ranking Factors
An application must include the minimum required elements and
cannot request assistance for ineligible activities as listed in
I(c)(4), above, of this NOFA. Applications will be scored according to
the criteria outlined below:
(1) The extent to which the applicant needs short-term technical
assistance. This will be measured by the applicant's discussion of the
problems that triggered the request for assistance under this NOFA.
(Maximum points: 10)
(2) The extent to which the applicant clearly describes the kind of
technical assistance and skills needed to address the problems, and how
well the technical assistance requested will address the problems.
(Maximum points: 10)
(3) The likelihood that the requested technical assistance will
assist the applicant's current strategy to eliminate drugs and drug-
related crime, as described in the application; or, if the applicant
does not currently have a strategy, the extent to which the technical
assistance will help them develop a strategy to eliminate drugs and
drug-related crime. (Maximum points: 10)
(e) Application Review, Awards, and Payment
(1) Application Review
Applications will be reviewed as they are received, and will be
time- and date-stamped to determine their order of receipt. An
application must include both the descriptive letter (or form provided
in the application kit) and certification statement (or form provided
in the application kit) to be eligible for funding. All applications
that qualify on the basis of the minimum required elements will be
scored on the basis of the selection criteria in section I(d), above,
of this NOFA. Applications that receive a total of 15 or more points,
with no less than 3 points in any of the three selection criteria in
section I(d), above, of this NOFA will be eligible for funding.
Eligible applications will be funded in the order in which negotiations
for a statement of work are completed between the consultant and the
program administrator until all funds are expended. The basis for each
funding decision under this section will be documented.
(2) Application Awards
(i) If the application includes the descriptive letter (or forms)
requesting eligible activities, the certification statement (or form),
and scores at least 15 points as described in section I(e)(1), above,
of this NOFA, it is eligible for funding. If sufficient funds are
available [[Page 3327]] to fund the technical assistance request, staff
will confer with the applicant to confirm the work requirements. The TA
Consultant Database will be searched to choose at least three
consultants who: (1) Have a principal place of business or residence
located within a reasonable distance from the applicant, as determined
by HUD or its agent; or (2) appear to have the requisite knowledge and
skills to assist the applicant in addressing its needs. The applicant's
preference for a consultant will be taken into account. An employee of
a housing agency (HA) may not serve as a consultant to his or her
employer. An HA employee who serves as a consultant to someone other
than his or her employer must be on annual leave to receive the
consultant fee. A list of the suggested consultants will be forwarded
to the applicant. From this list, the applicant will recommend a
consultant to provide the requested technical assistance. Instructions
for consultants who wish to be included in the TA Consultant Database
are outlined above in section I(c)(2)(ii), above, of this NOFA.
(ii) The applicant must contact each TA consultant from the list
provided. After making contact with each consultant, the applicant must
send a written justification to HUD with a list of the consultants in
order of preference, indicating any that are unacceptable, and state
the reasons for its preference. There is no guarantee that the
applicant's first preference will be approved. Consultants will only be
approved for the TA if the request is not in conflict with other
requests for the consultant's services.
(iii) Staff designated by HUD will work with the consultant and
applicant to develop a statement of work that includes a timeline and
estimated budget. The statement of work should also include a
discussion of the kind of technical assistance and skills needed to
address the problem, and how the technical assistance requested will
address these needs; and a description of the current crime and drug
elimination strategy, and how the requested technical assistance will
assist that strategy. If the applicant does not currently have a
strategy, there should be a statement of how the technical assistance
will help them develop a crime and drug elimination strategy. When the
statement of work is approved, the consultant will be authorized to
start work. The consultant must receive written authorization from HUD
or its authorized agent before he or she can begin to provide technical
assistance under this NOFA. The applicant and the relevant Field Office
or Office of Native American Programs will also be notified. Because
this program is for short-term technical assistance, consultants shall
only be reimbursed for a maximum of 30 days of work, which must be
completed in fewer than 90 days from the date of the approved statement
of work.
(3) Payment of TA Consultants.
The consultant must submit a report of its activities, findings and
recommendations, a fee invoice, and expenses and original receipts to
the address specified in the application kit. A copy of the report must
also be submitted to the applicant. The ``Guidelines for Consultants''
book, available from the Clearinghouse, describes the required elements
of these reports. After the report and expenses have been approved, and
a verbal or written evaluation is received from the applicant, payment
will be issued to the consultant.
II. Application Process
(a) Application Kit.
An application kit may be obtained from the local HUD Field Office
or Office of Native American Programs, or by calling HUD's Drug
Information and Strategy Clearinghouse at (800) 578-3472 or (202) 708-
0850 (TDD). (The TDD number is not a toll-free number). The application
kit contains information on all exhibits and requirements of this NOFA.
(b) Application Submission.
This NOFA is effective upon publication. Short-term (90 days for
completion) technical assistance applications and consultant
application kits may be immediately submitted to the address specified
in the application kit. There is no application submission deadline for
the short-term technical assistance grants available under this NOFA.
Technical assistance applications will be reviewed on a continuing
first-come, first-served basis, until funds under this NOFA are no
longer available.
(1) An applicant must submit the application and the necessary
assurances to the address specified in the application kit.
(2) In addition, applicants must simultaneously forward a copy of
these documents to the HUD Field Office or Office of Native American
Programs with jurisdiction over the relevant housing authority. This
copy must be addressed to Director, Division of Public Housing, or
Administrator, Office of Native American Programs, as appropriate.
III. Checklist of Application Submission Requirements
Each application for a grant under this program must include the
following:
(a) An application will not be considered for funding unless it
includes, at a minimum, the following elements:
(1) An application letter of no more than four pages that responds
to each of the selection criteria in section I(d), above, of this NOFA,
or the completed application forms available in the application kit;
and
(2) A certification statement, or the form provided in the
application kit, signed by the executive director of the housing
authority and the authorized representative of the RMC or incorporated
RC or RO, certifying that any technical assistance received will be
used in compliance with all requirements in the NOFA;
(b) HUD Form 2880; and
(c) If the applicant has a particular consultant to recommend to
provide the technical assistance, the response should identify the
consultant and the basis for the recommendation. A consultant
recommended by an applicant is not guaranteed to be approved to provide
the requested technical assistance. If the consultant recommended by an
applicant is not listed in the Consultant Database approved by HUD's
Crime Prevention and Security Division (CPSD), the consultant must
apply as outlined in section I(c)(2)(ii), above, of this NOFA. These
consultant applications to be included in the TA Consultant Database
will be given expedited review by HUD. However, a consultant must be
listed to be eligible for funding under this NOFA.
IV. Corrections to Deficient Applications
(a) HUD will notify an applicant, in writing or by telephone, of
any curable technical deficiencies, such as a missing signature in the
application. A log of telephone notifications will be maintained. The
applicant must correct the deficiency in accordance with the
information specified in HUD's notification. The application will not
be given further consideration until the deficiency is corrected.
(b) Curable technical deficiencies relate to items that are not
necessary to make a determination of an applicant's eligibility. The
items necessary for this determination are listed at section III(a),
above, of this NOFA, although missing signatures on the application
letter, certification, or forms are curable.
[[Page 3328]]
V. Other Matters
(a) Nondiscrimination and Equal Opportunity
The following nondiscrimination and equal opportunity requirements
apply:
(1) The requirements of title VIII of the Civil Rights Act of 1968
(42 U.S.C. 3600-20) (Fair Housing Act) and implementing regulations
issued at subchapter A of title 24 of the Code of Federal Regulations,
as amended by 54 FR 3232 (published January 23, 1989); Executive Order
11063 (Equal Opportunity in Housing) and implementing regulations at 24
CFR part 107; and title VI of the Civil Rights Act of 1964 (42 U.S.C.
2000d-2000d-4) (Nondiscrimination in Federally Assisted Programs) and
implementing regulations issued at 24 CFR part 1;
(2) The Indian Civil Rights Act (title II of the Civil Rights Act
of 1968) (25 U.S.C. 1301-1303) (ICRA) provides that no Indian tribe in
exercising powers of self-government shall deny to any person within
its jurisdiction the equal protection of its laws or deprive any person
of liberty or property without due process of law. The Indian Civil
Rights Act applies to any tribe, band, or other group of Indians
subject to the jurisdiction of the United States in the exercise of
recognized powers of self-government. The ICRA is applicable in all
cases where an IHA has been established by exercise of tribal powers of
self-government.
(3) The prohibitions against discrimination on the basis of age
under the Age Discrimination Act of 1975 (42 U.S.C. 6101-07) and
implementing regulations at 24 CFR part 146, and the prohibitions
against discrimination against individuals with disabilities under
section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794) and
implementing regulations at 24 CFR part 8;
(4) The requirements of Executive Order 11246 (Equal Employment
Opportunity) and the regulations issued under the Order at 41 CFR
Chapter 60;
(5) The requirements of the Americans with Disabilities Act of 1990
(42 U.S.C. 12131) and implementing regulations at 29 CFR part 1640, 28
CFR part 35, and 28 CFR part 36.
(6) The requirements of Executive Orders 11625, 12432, and 12138.
Consistent with HUD's responsibilities under these Orders, recipients
must make efforts to encourage the use of minority and women's business
enterprises in connection with funded activities.
(b) Use of Debarred, Suspended, or Ineligible Contractors
Applicants for short-term technical assistance under this NOFA are
subject to the provisions of 24 CFR part 24 relating to the employment,
engagement of services, awarding of contracts, or funding of any
contractors or subcontractors during any period of debarment,
suspension, or placement in ineligibility status.
(c) Drug-Free Workplace Act of 1988
The requirements of the Drug-Free Workplace Act of 1988 and
implementing regulations at 24 CFR part 24, subpart F apply under this
notice.
(d) Environmental Impact
In accordance with 40 CFR 1508.4 of the regulations of the Council
on Environmental Quality and 24 CFR 50.20(b) of the HUD regulations,
the policies and procedures proposed in this document are determined
not to have the potential of having a significant impact on the quality
of the human environment, and therefore are categorically excluded from
the requirements of the National Environmental Policy Act of 1969.
Accordingly, a Finding of No Significant Impact is not required.
(e) Family Impact
The General Counsel, as the Designated Official for Executive Order
12606, the Family, has determined that the provisions of this NOFA have
the potential for a positive, although indirect, impact on family
formation, maintenance, and general well-being within the meaning of
the Order. The NOFA is designed to assist housing authorities and
resident organizations in their anti-drug-related efforts by providing
short-term technical assistance. HUD expects that the provision of such
assistance will better prepare and educate housing authority and
resident organization officials to confront the widespread abuse of
controlled substances in public housing communities. This, in turn,
would indirectly affect the quality of life for housing residents.
(f) Federalism Impact
The General Counsel, as the Designated Official under section 6(a)
of Executive Order 12612, Federalism, has determined that the
provisions of this NOFA do not have federalism implications within the
meaning of the Order. The NOFA provides short-term technical assistance
to housing authorities and resident organizations to assist them in
their anti-drug efforts in public housing communities. The involvement
of resident organizations should greatly increase the success of the
anti-drug efforts under this technical assistance program and therefore
should have positive effects on the target population. As such, the
program helps housing authorities to combat serious drug problems in
their communities, but it does not have federalism implications.
(g) Documentation and Public Access Requirements; Applicant/Recipient
Disclosures: HUD Reform Act
Disclosures
HUD will make available to the public for five years all applicant
disclosure reports (HUD Form 2880) submitted in connection with this
NOFA. Update reports (also Form 2880) will be made available along with
the applicant disclosure reports, but in no case for a period generally
less than three years. All reports--both applicant disclosures and
updates--will be made available in accordance with the Freedom of
Information Act (5 U.S.C. 552) and HUD's implementing regulations at 24
CFR part 15. (See 24 CFR subpart C, and the notice published in the
Federal Register on January 16, 1992 (57 FR 1942) for further
information on these disclosure requirements.)
Public Notice
HUD will include recipients that receive assistance pursuant to
this NOFA in its quarterly Federal Register notice of recipients of all
HUD assistance awarded on a competitive basis. (See 24 CFR 12.16(b),
and the notice published in the Federal Register on January 16, 1992
(57 FR 1942) for further information on these requirements.)
(h) Section 112 HUD Reform Act
Section 13 of the Department of Housing and Urban Development Act
contains two provisions dealing with efforts to influence HUD's
decisions with respect to financial assistance. The first imposes
disclosure requirements on those who are typically involved in these
efforts--those who pay others to influence the award of assistance or
the taking of a management action by HUD, and those who are paid to
provide the influence. The second restricts the payment of fees to
those who are paid to influence the award of HUD assistance, if the
fees are tied to the number of housing units received, based on the
amount of assistance received, or contingent upon the receipt of
assistance.
Section 13 was implemented by final rule published in the Federal
Register [[Page 3329]] on May 17, 1991 (56 FR 22912) as 24 CFR part 86.
If readers are involved in any efforts to influence HUD in these ways,
they are urged to read the final rule, particularly the examples
contained in Appendix A of the rule.
Authority: Departments of Veterans Affairs and Housing and Urban
Development, and Independent Agencies Appropriations Act, 1993 (Pub.
L. 102-389, approved October 6, 1992); Departments of Veterans
Affairs and Housing and Urban Development, and Independent Agencies
Appropriations Act, 1995 (Pub. L. 103-327, approved September 28,
1994).
Dated: January 9, 1995.
Joseph Shuldiner,
Assistant Secretary for Public and Indian Housing.
[FR Doc. 95-958 Filed 1-12-95; 8:45 am]
BILLING CODE 4210-33-P
