[Federal Register Volume 59, Number 13 (Thursday, January 20, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-1309]
[[Page Unknown]]
[Federal Register: January 20, 1994]
_______________________________________________________________________
Part IV
Department of Housing and Urban Development
_______________________________________________________________________
Office of the Assistant Secretary for Housing-Federal Housing
Commissioner
_______________________________________________________________________
NOFA for Federally Assisted Low Income Housing Drug Elimination
Grants--FY-1994; Notice
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
Office of the Assistant Secretary for Housing-Federal Housing
Commissioner
[Docket No. N-94-3696; FR-3576-N-01]
NOFA for Federally Assisted Low Income Housing Drug Elimination
Grants--FY-1994
AGENCY: Office of the Assistant Secretary for Housing-Federal Housing
Commissioner, HUD.
ACTION: Notice of Funding Availability (NOFA) for Fiscal Year (FY)
1994.
-----------------------------------------------------------------------
SUMMARY: This NOFA announces HUD's FY 1994 funding of $12,306,000 for
Federally Assisted Low Income Housing Drug Elimination Grants.
(Note: This NOFA does not apply to the funding available under
the statute for Public and Indian Housing.)
In the body of this document is information concerning the purpose
of the NOFA, applicant eligibility, available amounts, selection
criteria, financial requirements, management, and application
processing, including how to apply, how selections will be made, and
how applicants will be notified of results.
DATES: No applications will be accepted after 4 p.m. (local time) by
the HUD Regional Office on March 7, 1994. This application deadline is
firm as to date and hour. In the interest of fairness to all competing
applicants, the Department will treat as ineligible for consideration
any application that is received after the deadline. Applicants should
take this practice into account and make early submission of their
materials to avoid any risk of loss of eligibility brought about by
unanticipated delays or other delivery-related problems. A ``FAX'' will
not constitute delivery.
ADDRESSES: (a) Application Form. An application form may be obtained
from the HUD Regional Office having jurisdiction over the location of
the applicant project. The Regional Office will be available to provide
technical assistance on the preparation of applications during the
application period.
(b) Application Submission. Applications (original and one copy)
must be received by the deadline at the appropriate HUD Regional Office
with jurisdiction over the applicant project, Attention: Director of
Housing Management. It is not sufficient for the application to bear a
postage date within the submission time period. Applications submitted
by facsimile are not acceptable. Applications received after the
deadline will not be considered.
FOR FURTHER INFORMATION CONTACT: For application material and project-
specific guidance, please contact the Office of the Director of Housing
in the HUD Regional Office having jurisdiction over the project(s) in
question. These are listed as follows:
Region I, Boston, Kenneth Salk (617) 565-5101.
Region II, New York, Edwin Sprenger, (212) 264-4771.
Region III, Philadelphia, Sidney Severe, (215) 597-2645.
Region IV, Atlanta, Kenneth Williams, (404) 331-4127.
Region V, Chicago, Michael Kulick, (312) 353-6950.
Region VI, Fort Worth, Robert Creech, (817) 885-5531.
Region VII, Gary Hayes, (913) 236-3812.
Region VIII, Denver, Ronald Bailey, (303) 844-4959.
Region IX, San Francisco, Keith Axtell, (415) 556-0796.
Region X, Seattle, Diana Goodwin Shavey, (206) 553-4373.
Policy questions of a general nature may be referred to Lessley
Wiles, Office of Multifamily Housing Management, Department of Housing
and Urban Development, room 6166, 451 Seventh Street, SW., Washington,
DC 20410. Telephone (202) 708-0216. TDD number (202) 708-4594. (These
are not toll-free numbers.)
SUPPLEMENTARY INFORMATION:
Paperwork Reduction Act Statement
The information collection requirements contained in this final
rule have been approved by the Office of Management and Budget, under
section 3504(h) of the Paperwork Reduction Act of 1980 (44 U.S.C. 3501-
3520), and assigned OMB control number 2502-0476.
I. Purpose and Substantive Description
(a) Authority
These grants are authorized under Chapter 2, Subtitle C, Title V of
the Anti-Drug Abuse Act of 1988 (42 U.S.C. 11901 et seq.), as amended
by Section 581 of the National Affordable Housing Act of 1990 (NAHA),
approved November 28, 1990, Pub. L. 101-625, and Section 161 of the
Housing and Community Development Act of 1992 (HCDA 1992) (Pub. L. 102-
550, approved October 28, 1992).
(b) Allocation Amounts
(1) Federal fiscal year 1994 funding. The amount available for
funding under this NOFA is $12,306,000. Section 581 of NAHA expanded
the Drug Elimination Program to include federally assisted, low-income
housing. The Departments of Veterans Affairs and Housing and Urban
Development, and Independent Agencies Appropriations Act, 1994,
(approved October 28, 1993, Pub. L. 103-124), (94 App. Act)
appropriated $265 million for the Drug Elimination Program and made not
more than $13,250,000 of the total Drug Elimination Program
appropriation available for federally assisted, low-income housing. Of
the total $265 million appropriated, $233,814,000 will fund the Public
and Indian Housing Drug Elimination Program; $13,250,000 will fund the
Youth Sports Program; $5 million will fund drug elimination technical
assistance and training; and $630,000 will fund drug information
clearinghouse services. The remaining $12,306,000 is being made
available under this NOFA.
HUD is distributing grant funds under this NOFA to each of its 10
Regional Offices on the basis of a formula allocation. This formula
allocation is based upon the relationship of the number of eligible
federally assisted low-income housing units per Region and the level of
drug-related crime within each Region, based on statistics compiled by
the U.S. Department of Justice, Federal Bureau of Investigation
(``Uniform Crime Reports for Drug Abuse Violations--1990'').
(2) Maximum grant award amounts. The maximum grant award amount is
limited to $175,000 per project.
(3) Reallocation. Any grant funds under this NOFA that are
allocated to a Region, but that are not reserved for grantees, must be
released to HUD Headquarters for reallocation. HUD reserves the right
to fund portions of full applications. If the Regional Office
determines that an application cannot be partially funded and there are
insufficient funds to fund the application fully, any remaining funds
after all other applications have been selected will be released to HUD
Headquarters for reallocation. Amounts that may become available due to
deobligation will also be reallocated to Headquarters.
All reallocated funds will be awarded on a nationwide basis in the
following manner: HUD Regional Offices will submit to Headquarters the
applications that would have been funded had there been sufficient
funds in the Regional allocation to do so. Headquarters will select
applications from those submitted by the Regional Offices, using the
ranking factors identified in section I.(d), below, of this NOFA, and
make awards from any available reallocated funds.
(4) Reduction of requested grant amounts. HUD may award an amount
less than requested where:
(i) HUD determines the amount requested for an eligible activity is
unreasonable;
(ii) Insufficient amounts remain under the allocation to fund the
full amount requested by the applicant and HUD determines that partial
funding is a viable option;
(iii) HUD determines that some elements of the proposed plan are
suitable for funding and others are not; or
(iv) For any other reason where good cause exists.
(5) Distribution of funds. HUD is distributing grant funds under
this NOFA to its 10 Regional Offices, in accordance with the following
schedule:
------------------------------------------------------------------------
HUD region Allocation
------------------------------------------------------------------------
Region I.................................................. $627,600
Region II................................................. $922,900
Region III................................................ $1,501,300
Region IV................................................. $2,498,100
Region V.................................................. $3,002,600
Region VI................................................. $1,218,200
Region VII................................................ $590,600
Region VIII............................................... $295,300
Region IX................................................. $1,427,900
Region X.................................................. $221,500
-------------
Total................................................. $12,306,000
------------------------------------------------------------------------
(c) Eligibility
Following is a listing of eligible activities, ineligible
activities, eligible applicants, and general grant requirements under
this NOFA:
(1) Eligible activities. Please note that the maximum term of the
grant is 12 months.
It is the goal and intent of the Federally Assisted Low-Income
Housing Drug Elimination Grant Program to foster a sense of community
in dealing with the issues of drug-related criminal activity. Programs
which foster interrelationships between the tenants, the housing owner
and management, the local law enforcement agencies, and other community
groups impacting on the housing are greatly desired and encouraged.
Tenant participation in the determination of programs and activities to
be undertaken is critical to the success of all aspects of the program.
Working jointly with community groups, the neighborhood law enforcement
precinct, tenants of adjacent properties and the community as a whole
can enhance and magnify the effect of specific program activities and
should be the goal of all applicants.
(i) Physical improvements to enhance security. Physical
improvements that are specifically designed to enhance security are
eligible for funding under this program. The improvements may include
(but are not limited to) systems designed to limit building access to
project residents, the installation of barriers, lighting systems,
fences, bolts, locks; the landscaping or reconfiguration of common
areas to discourage drug-related crime; and other physical improvements
designed to enhance security and discourage drug-related activities. In
particular, the Department is seeking plans that provide successful,
proven and cost effective drug crime deterrents designed to address the
realities of low-income assisted housing environments. All physical
improvements must also be accessible to persons with disabilities. For
example, some types of locks, buzzer systems, etc., are not accessible
to persons with limited strength, mobility, or to persons who are
hearing impaired. All physical improvements must meet the accessibility
requirements of 24 CFR part 8.
(ii) Programs to reduce the use of drugs. Programs designed to
reduce the use of drugs in and around federally-assisted low-income
housing projects including drug-abuse prevention, intervention,
referral, and treatment programs are eligible for funding under this
program. The program should facilitate drug prevention, intervention
and treatment efforts, to include outreach to community resources and
youth activities, and facilitate bringing these resources onto the
premises, or provide resident referrals to treatment programs or
transportation to out-patient treatment programs away from the
premises. Funding is permitted for reasonable, necessary and justified
leasing of vehicles for resident youth and adult education and training
activities directly related to ``Programs to reduce the use of drugs''
under this section. Alcohol-related activities/programs are not
eligible for funding under this NOFA.
(A) Drug Prevention. Drug prevention programs that will be
considered for funding under this NOFA must provide a comprehensive
drug prevention approach for residents that will address the individual
resident and his or her relationship to family, peers, and the
community. Prevention programs must include activities designed to
identify and change the factors present in federally assisted low-
income housing that lead to drug-related problems, and thereby lower
the risk of drug usage. Many components of a comprehensive approach,
such as refusal and restraint skills training programs or drug-related
family counseling, may already be available in the community of the
applicant's housing projects, and the applicant must act to bring those
available program components onto the premises. Activities that should
be included in these programs are:
(1) Drug Education Opportunities for residents. The causes and
effects of illegal drug usage must be discussed in a formal setting to
provide both young people and adults the working knowledge and skills
they need to make informed decisions to confront the potential and
immediate dangers of illegal drugs. Grantees may contract (in
accordance with 24 CFR part 85.36) with drug education professionals to
provide appropriate training or workshops. The drug education
professionals contracted to provide these services shall be required to
base their services upon the program plan of the grantee. These
educational opportunities may be a part of resident meetings, youth
activities, or other gatherings of residents.
(2) Family and Other Support Services. Drug prevention programs
must demonstrate that they will provide directly or otherwise make
available services designed to distribute drug education information,
to foster effective parenting skills, and to provide referrals for
treatment and other available support services in the project or the
community for federally-assisted low-income housing families.
(3) Youth Services. Drug prevention programs must demonstrate that
they have included groups composed of young people as a part of their
prevention programs. These groups must be coordinated by adults with
the active participation of youth to organize youth leadership, sports,
recreational, cultural and other activities involving housing youth.
The dissemination of drug education information, the development of
peer leadership skills and other drug prevention activities must be a
component of youth services. Activities or services funded under this
program may not also be funded under the Youth Sports Program.
(4) Economic/Educational Opportunities for residents and youth.
Drug prevention programs should demonstrate a capacity to provide
residents the opportunity for referral to established higher education
or vocational institutions with the goal of developing or building on
the residents' skills to pursue educational, vocational and economic
goals. The program must also demonstrate the ability to provide
residents the opportunity to interact with private sector businesses in
their immediate community for the same desired goals.
(B) Intervention. The aim of intervention is to identify federally-
assisted low-income housing resident drug users and assist them in
modifying their behavior and in obtaining early treatment, if
necessary. The applicant must establish a program with the goal of
preventing drug problems from continuing once detected.
(C) Drug Treatment.
(1) Treatment funded under this program shall be in or around the
premises of the federally-assisted low-income housing projects proposed
for funding.
(2) Funds awarded under this program shall be targeted towards the
development and implementation of new drug referral treatment services
and/or aftercare, or the improvement of, or expansion of such program
services for residents.
(3) Each proposed drug treatment program should address the
following goals:
(i) Increase resident accessibility to drug treatment services;
(ii) Decrease criminal activity in and around federally-assisted
low-income housing projects by reducing illicit drug use among
residents; and
(iii) Provide services designed for youth and/or maternal drug
abusers, e.g., prenatal/postpartum care, specialized counseling in
women's issues, parenting classes, or other drug supportive services.
(4) Approaches that have proven effective with similar populations
will be considered for funding. Programs should meet the following
criteria:
(i) Applicants may provide the service of formal referral
arrangements to other treatment programs not in or around the project
when the resident is able to obtain treatment costs from sources other
than this program. Applicants may also provide transportation for
residents to out-patient treatment and/or support programs.
(ii) Provide family/collateral counseling.
(iii) Provide linkages to educational/vocational counseling.
(iv) Provide coordination of services to appropriate local drug
agencies, HIV-related service agencies, and mental health and public
health programs.
(v) Applicants must demonstrate a working partnership with the
Single State Agency or State license provider or authority with drug
program coordination responsibilities to coordinate, develop and
implement the drug treatment proposal. In particular, applicants must
review and determine with the Single State Agency or State license
provider or authority with drug program coordination responsibilities
whether:
(A) The drug treatment provider(s) has provided drug treatment
services to similar populations, identified in the application, for two
prior years; and
(B) The drug treatment proposal is consistent with the State
treatment plan and the treatment service meets all State licensing
requirements.
(vi) Funding is not permitted for treatment of residents at any in-
patient medical treatment programs/facilities.
(vii) Funding is not permitted for detoxification procedures, short
term or long term, designed to reduce or eliminate the presence of
toxic substances in the body tissues of a patient.
(viii) Funding is not permitted for maintenance drug programs.
Maintenance drugs are medications that are prescribed regularly for a
long period of supportive therapy (e.g. methadone maintenance), rather
than for immediate control of a disorder.
(iii) Resident Councils (RCs). Providing funding to resident
councils to strengthen their role in developing programs of eligible
activities involving site residents is eligible for funding under this
program.
(2) Ineligible activities. Funding is not permitted for any
activities listed below:
(i) Any activity or improvement that is normally funded from
project operating revenues for routine maintenance or repairs, or those
activities or improvements that may be funded through reasonable and
affordable rent increases;
(ii) The acquisition of real property or physical improvements that
involve the demolition of any units in the project or displacement of
tenants.
(iii) Costs incurred prior to the effective date of the grant
agreement, including, but not limited to, consultant fees for surveys
related to the application or its preparation;
(iv) Reimbursement of local law enforcement agencies for additional
security and protective services;
(v) The employment of one or more individuals--
(A) to investigate drug-related crime on or about the real property
comprising any federally-assisted low-income project; and
(B) to provide evidence relating to such crime in any
administrative or judicial proceeding; and
(vi) The provision of training, communications equipment and other
related equipment for use by voluntary tenant patrols acting in
cooperation with local law enforcement officials.
(3) Eligible Applicants. The applicant must be the owner of a
federally assisted low-income housing project under:
(i) Section 221(d)(3), section 221(d)(4) or 236 of the National
Housing Act. (Note however, section 221(d)(4) and section 221(d)(3)
market rate projects without project-based assistance contracts are not
considered federally assisted low-income housing. Therefore, section
221(d)(4) and section 221(d)(3) market rate projects with tenant-based
assistance contracts are not considered federally assisted low-income
housing and are not eligible for funding.)
(ii) Section 101 of the Housing and Urban Development Act of 1965,
or
(iii) Section 8 of the United States Housing Act of 1937.
(4) General Grant Requirements. The following requirements apply to
all activities, programs, or functions used to plan, budget and
evaluate the work funded under this program.
(i) After applications have been ranked and selected, HUD and the
applicant shall enter into a grant agreement setting forth the amount
of the grant, the physical improvements or other eligible activities to
be undertaken, financial controls, and special conditions, including
sanctions for violation of the agreement.
(ii) The policies, guidelines and requirements of this NOFA, 48 CFR
part 31, other applicable OMB cost principles, HUD program regulations,
HUD Handbooks, and the terms of grant/special conditions and subgrant
agreements apply to the acceptance and use of assistance by grantees
and will be followed in determining the reasonableness and allocability
of costs. All costs must be reasonable and necessary.
(iii) The term of funded activities may not exceed 12 months.
(iv) Owners must ensure that any funds received under this program
are not commingled with other HUD or project operating funds.
(v) To avoid duplicate funding owners must establish controls to
assure that any funds from other sources, such as Reserve for
Replacement, Rent Increases, etc., are not used to fund the physical
improvements to be undertaken under this program.
(vi) Employment preference. A grantee under this program shall give
preference to the employment of residents, and comply with section 3 of
the Housing and Urban Development Act of 1968 and 24 CFR Part 135, to
carry out any of the eligible activities under this part, so long as
such residents have comparable qualifications and training as non-
housing resident applicants.
(vii) Termination of funding. HUD may terminate funding if the
grantee fails to undertake the approved program activities on a timely
basis in accordance with the grant agreement; adhere to grant agreement
requirements or special conditions; or submit timely and accurate
reports.
(viii) Subgrants (subcontracting).
(A) A grantee may directly undertake any of the eligible activities
under this NOFA or it may contract with a qualified third party,
including incorporated Resident Councils (RCs). Resident groups that
are not incorporated RCs may share with the grantee in the
implementation of the program, but may not receive funds as
subgrantees.
(B) Subgrants or cash contributions to incorporated RCs may be made
only under a written agreement executed between the grantee and the RC.
The agreement must include a program budget that is acceptable to the
grantee, and that is otherwise consistent with the grant application
budget. The agreement must obligate the incorporated RC to permit the
grantee to inspect and audit the RC financial records related to the
agreement, and to account to the grantee on the use of grant funds, and
on the implementation of program activities. In addition, the agreement
must describe the nature of the activities to be undertaken by the
subgrantee, and the scope of the subgrantee's authority; and the amount
of insurance to be obtained by the grantee and the subgrantee to
protect their respective interests.
(C) The grantee shall be responsible for monitoring, and for
providing technical assistance to, any subgrantee to ensure compliance
with HUD program requirements, including OMB Circular Nos. A-110 and A-
122, which apply to the acceptance and use of assistance by private
nonprofit organizations. The procurement requirements of Attachment O
of Circular A-110 apply to RCs. The grantee must also ensure that
subgrantees have appropriate insurance liability coverage.
(d) Selection Criteria and Ranking Factors
HUD will review each application to determine that it meets the
requirements of this NOFA and to assign points in accordance with the
selection criteria. A total of 200 points is the maximum score
available under the selection criteria. An application must receive a
score of at least 131 points out of the maximum of 200 points that may
be awarded under this competition to be eligible for funding. After
assigning points to each application, HUD will rank the applications in
order by Region. HUD will select the highest ranking applications whose
eligible activities can be fully funded within each Region. Grants
under this program are categorically excluded from review under the
National Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321).
However, prior to the award of grant funds under the program, HUD will
perform an environmental review to the extent required under the
provisions of 24 CFR 50.4. Each application submitted will be evaluated
on the basis of the following selection criteria:
(1) The quality of the plan to address the problem (maximum points:
70).
In assessing this criterion, HUD will consider the following
factors:
(i) The quality of the applicant's plan to address the drug-related
crime problem, and the problems associated with drug-related crime, in
the projects proposed for funding, and how well the activities proposed
for funding fit in with the plan. (points: 20)
(ii) The anticipated effectiveness of the plan and the proposed
activities in reducing or eliminating drug related crime problems over
an extended period. (points: 20)
(iii) How the activities identified in the plan will affect and
address the problem of drug related crime in adjacent properties.
(points: 20)
(iii) Evidence that the proposed activities have been found
successful in similar circumstances in terms of controlling drug-
related crime. (points: 10)
(2) The support of local government/law enforcement agencies.
(Maximum Points: 20).
In assessing this criterion, HUD will consider the following
factors:
(i) Evidence that the project owner has sought assistance in
deterring drug-related crime problems and the extent to which the owner
has participated in programs that are available from local governments
or law enforcement agencies; (points: 10) and
(ii) The level of support by the local government or law
enforcement agency for the applicant's proposed activities. (points: 10
)
(3) The extent of the drug-related crime problem in the housing
project proposed for assistance (maximum points: 70).
In assessing this criterion, HUD will consider the degree of
severity of the drug-related crime problem in the project proposed for
funding, as demonstrated by the information required to be submitted
under section III.(h) of this NOFA.
(4) The support of residents in planning and implementing the
proposed activities (maximum points: 20).
In assessing this criterion, HUD will consider the following
factors:
(i) Evidence that comments and suggestions have been sought from
residents to the proposed plan for this program and evidence that the
owner carefully considered the comments of residents and incorporated
their suggestions in the plan, when practical. (points: 10)
(ii) Evidence of resident support for the proposed plan. (points:
10)
(5) Capacity of owner and management to undertake the proposed
activities: (maximum points: 20).
In assessing this criterion, HUD will consider the following:
(i) The most recent Management Review completed by the HUD Office.
(Note: The HUD Field Office will conduct another management
review after application submission if the most recent management
review is more than nine months old). (points: 10)
(ii) Submission of evidence that project owners have initiated
other efforts to reduce drug-related crime by working with tenant/law
enforcement groups (e.g. establishment of ``Tenant Watches'' or similar
efforts). (points: 5)
(iii) Submission of evidence that project management carefully
screens applicants for units and takes appropriate steps to deal with
known or suspected tenants exhibiting drug-related criminal behavior.
(points: 5)
II. Application Process
(a) Application Form
An application form may be obtained from the HUD Field Office
having jurisdiction over the location of the applicant project. The
Field Office will be available to provide technical assistance on the
preparation of applications during the application period.
(b) Application Submission
A separate application must be submitted for each project. An
application (original and one copy) must be received by the deadline at
the appropriate HUD Regional Office with jurisdiction over the
applicant project, Attention: Director of Housing. It is not sufficient
for the application to bear a postage date within the submission time
period. Applications submitted by facsimile (``FAX'') are not
acceptable and will not be considered. Applications received after the
deadline will not be considered. No applications will be accepted after
4 p.m. (local time) for the Regional Office on March 7, 1994. This
application deadline is firm as to date and hour. In the interest of
fairness to all competing applicants, the Department will treat as
ineligible for consideration any application that is received after the
deadline. Applicants should take this practice into account and make
early submission of their materials to avoid any risk of loss of
eligibility brought about by unanticipated delays or other delivery-
related problems.
(c) Application Notification
HUD will notify all applicants whether or not they were selected
for funding.
III. Checklist of Application Submission Requirements
To qualify for a grant under this program, an applicant must submit
an application to HUD that contains the following:
(a) Application for Federal Assistance form (Standard Form SF-424
and SF-424A). The form must be signed by the applicant.
(b) A description of the applicant's plan for addressing the
problem of drug related crime in the projects for which funding is
sought, which should include the activities to be funded under this
program along with all other initiatives being undertaken by the
applicant. The description should also include a discussion of:
(1) The anticipated effectiveness of the plan and the proposed
activities in reducing or eliminating drug related crime problems over
an extended period.
(2) How the activities identified in the plan will affect and
address the problem of drug related crime in adjacent properties.
(3) Other efforts that project owners have initiated to reduce
drug-related crime by working with tenant/law enforcement groups (e.g.
establishment of ``Tenant Watches'' or similar efforts).
(4) Procedures that project management uses to screen applicants
for units and steps taken to deal with known or suspected tenants
exhibiting drug-related criminal behavior.
(c) Each applicant for funding for physical improvements must
submit a written plan fully describing the physical improvements to be
undertaken with per unit dollar costs for each item. This plan must be
signed by the owner.
(d) Each applicant must submit a letter from the local government
or police (law enforcement) agency that describes the type of drug-
related crime in the project proposed for grant funding and its
immediate environs, and expresses a commitment to assist the owner in
taking steps to reduce or eliminate the drug-related crime problems of
the project.
(e) A description of the procedure used to involve residents in the
development of the plan and written summaries of any comments and
suggestions received from residents on the proposed plan, along with
evidence that the owner carefully considered the comments of residents
and incorporated their suggestions in the plan, when practical.
(f) A description of the support of residents for the proposed
activities and their willingness to assist the owner in implementing
the plan. Letters of support from tenants may be used.
(g) A copy of the most recent management review performed by HUD
and evidence supporting the capacity of the owner and management to
undertake the proposed activities.
(h) Detailed information, such as local government and police
reports, evidencing the degree of drug-related crime in the project and
adjacent properties to demonstrate the degree of severity of the drug-
related crime problem. This information may consist of:
(1) Objective data. The best available objective data on the
nature, source, and extent of the problem of drug-related crime, and
the problems associated with drug-related crime. These data may include
(but not necessarily be limited to) crime statistics from Federal,
State, tribal or local law enforcement agencies, or information from
the applicant's records on the types and sources of drug-related crime
in the project proposed for assistance; descriptive data as to the
types of offenders committing drug-related crime in the applicant's
project (e.g., age, residence, etc.); the number of lease terminations
or evictions for drug-related criminal activity; the number of
emergency room admissions for drug use or drug-related crime; the
number of police calls for drug-related criminal activity; the number
of residents placed in treatment for substance abuse; and the school
drop-out rate and level of absenteeism for youth. If crime statistics
are not available at the project or precinct level, the applicant may
use other reliable, objective data including those derived from the
owner's records or those of private groups that collect such data. The
crime statistics should be reported both in real numbers, and as a
percentage of the residents in each project (e.g., 20 arrests for
distribution of heroin in a project with 100 residents reflects a 20%
occurrence rate). The data should cover the past three-year period and,
to the extent feasible, should indicate whether these data reflect a
percentage increase or decrease in drug-related crime over the past
several years. Applicants must address in their assessment how these
crimes have affected the project, and how the applicant's overall plan
and strategy is specifically tailored to address these drug-related
crime problems.
(2) Other data on the extent of drug-related crime. To the extent
that objective data as described under paragraph (1)(i) of this section
may not be available, or to complement that data, the assessment may
use relevant information from other sources that have a direct bearing
on drug-related crime problems in the project proposed for assistance.
However, if other relevant information is to be used in place of,
rather than to complement, objective data, the application must
indicate the reason(s) why objective data could not be obtained and
what efforts were made to obtain it. Examples of other data include:
Resident/staff surveys on drug-related issues or on-site reviews to
determine drug activity; the use of local government or scholarly
studies or other research conducted in the past year that analyze drug
activity in the targeted project; vandalism costs and related vacancies
attributable to drug-related crime; information from schools, health
service providers, residents and police; and the opinions and
observations of individuals having direct knowledge of drug-related
crime problems concerning the nature and extent of those problems in
the project proposed for assistance. (These individuals may include law
enforcement officials, resident or community leaders, school officials,
community medical officials, drug treatment or counseling
professionals, or other social service providers.)
(i) If applying for drug treatment program funding, a certification
that the applicant has notified and consulted with the relevant Single
State Agency or other local authority with drug program coordination
responsibilities concerning its application; and that the proposed drug
treatment program has been reviewed by the relevant Single State Agency
or other local authority and that it is consistent with the State
treatment plan; and that the relevant Single State Agency or other
local authority has determined that the drug treatment provider(s) has
provided drug treatment services to similar populations, identified in
the application, for two prior years.
(j) Drug-free workplace. The certification with regard to the drug-
free workplace required by 24 CFR part 24, subpart F and appendix C.
(k) Disclosure of Lobbying Activities. If the amount applied for is
greater than $100,000, the certification with regard to lobbying
required by 24 CFR part 87 must be included. See section VI.(g), below,
of this NOFA. If the amount applied for is greater than $100,000 and
the applicant has made or has agreed to make any payment using
nonappropriated funds for lobbying activity, as described in 24 CFR
part 87, the submission must also include the Disclosure of Lobbying
Activities Form (SF-LLL).
(l) Form HUD-2880, Applicant/ Recipient Disclosure/Update Report.
IV. Corrections to Deficient Applications
HUD will notify the applicant within ten (10) working days of the
receipt of the application if there are any curable technical
deficiencies in the application. Curable technical deficiencies relate
to minimum eligibility requirements (such as certifications,
signatures, etc.) that are necessary for funding approval but that do
not relate to the quality of the applicant's program proposal under the
selection criteria. The owner must submit corrections in accordance
with the information provided by HUD within 14 calendar days of the
date of the HUD notification.
VI. Other Matters
(a) Environmental Impact
A Finding of No Significant Impact with respect to the environment
has been made in accordance with HUD regulations at 24 CFR part 50 that
implement section 102(2)(C) of the National Environmental Policy Act of
1969, 42 U.S.C. 4332. The Finding of No Significant Impact is available
for public inspection and copying from 7:30 to 5:30 weekdays in the
Office of the Rules Docket Clerk, room 10276, 451 Seventh Street, SW.,
Washington, DC 20410.
(b) 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 announces the availability of funds
and provides the application requirements for federally Assisted Low
Income Housing Drug Elimination Grants focusing on activities designed
to deter drug-related crime. Deterring drug-related crime is a
recognized goal of general benefit without direct implications on the
relationship between the national government and the states or on the
distribution of power and responsibilities among various levels of
government.
(c) Family Impact
The General Counsel, as the Designated Official under Executive
Order 12606, The Family, has determined that the policies announced in
this Notice would not have a significant impact on the formation,
maintenance, and general well-being of families except indirectly to
the extent of the social and other benefits expected from this program
of assistance.
(d) Section 102 HUD Reform Act Applicant/Recipient Disclosures
Accountability in the Provision of HUD Assistance
HUD has promulgated a final rule to implement section 102 of the
Department of Housing and Urban Development Reform Act of 1989 (HUD
Reform Act). The final rule is codified at 24 CFR part 12. Section 102
contains a number of provisions that are designed to ensure greater
accountability and integrity in the provision of certain types of
assistance administered by HUD. On January 14, 1992, HUD published at
57 FR 1942 additional information that gave the public (including
applicants for, and recipients of, HUD assistance) further information
on the implementation of section 102. The documentation, public access,
and disclosure requirements of section 102 are applicable to assistance
awarded under this NOFA as follows:
Documentation and public access. HUD will ensure that documentation
and other information regarding each application submitted pursuant to
this NOFA are sufficient to indicate the basis upon which assistance
was provided or denied. This material, including any letters of
support, will be made available for public inspection for a five-year
period beginning not less than 30 days after the award of the
assistance. Material 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. In addition, HUD will include the
recipients of assistance pursuant to this NOFA in its quarterly Federal
Register notice of all recipients of HUD assistance awarded on a
competitive basis. (See 24 CFR 12.14(a) and 12.16(b), and the notice
published in the Federal Register on January 16, 1992 (57 FR 1942), for
further information on these requirements.)
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 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.)
(e) Section 103 HUD Reform Act
HUD's regulation implementing section 103 of the Department of
Housing and Urban Development Reform Act of 1989 was published May 13,
1991 (56 FR 22088) and became effective on June 12, 1991. That
regulation, codified as 24 CFR part 4, applies to the funding
competition announced today. The requirements of the rule continue to
apply until the announcement of the selection of successful applicants.
HUD employees involved in the review of applications and in the
making of funding decisions are limited by part 4 from providing
advance information to any person (other than an authorized employee of
HUD) concerning funding decisions, or from otherwise giving any
applicant an unfair competitive advantage. Persons who apply for
assistance in this competition should confine their inquiries to the
subject areas permitted under 24 CFR part 4. Applicants who have
general questions about what information may be discussed with them
during the selection may contact the HUD Office of Ethics (202) 708-
3815. (This is not a toll-free number.)
(f) 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 the Department 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 or are based on
the amount of assistance received, or if they are contingent upon the
receipt of assistance.
Section 13 was implemented by final rule published in the Federal
Register on May 17, 1991 (56 FR 22912). If readers are involved in any
efforts to influence the Department in these ways, they are urged to
read the final rule, particularly the examples contained in Appendix A
of the rule.
(g) Prohibition Against Lobbying Activities
The use of funds awarded under this NOFA is subject to the
disclosure requirements and prohibitions of section 319 of the
Department of Interior and Related Agencies Appropriations Act for
Fiscal Year 1990 (31 U.S.C. 1352) (The ``Byrd Amendment'') and the
implementing regulations at 24 CFR part 87. These authorities prohibit
recipients of federal contracts, grants, or loans from using
appropriated funds for lobbying the Executive or Legislative branches
of the federal government in connection with a specific contract,
grant, or loan. The prohibition also covers the awarding of contracts,
grants, cooperative agreements, or loans unless the recipient has made
an acceptable certification regarding lobbying. Under 24 CFR part 87,
applicants, recipients, and subrecipients of assistance exceeding
$100,000 must certify that no federal funds have been or will be spent
on lobbying activities in connection with the assistance. Indian
Housing Authorities (IHAs) established by an Indian tribe as a result
of the exercise of their sovereign power are excluded from coverage,
but IHAs established under State law are not excluded from coverage.
Authority: 42 U.S.C. 11901 et seq.
Dated: January 6, 1994.
Nicolas P. Retsinas,
Assistant Secretary for Housing-Federal Housing Commissioner.
[FR Doc. 94-1309 Filed 1-19-94; 8:45 am]
BILLING CODE 4210-27-P
