[Federal Register Volume 63, Number 20 (Friday, January 30, 1998)]
[Notices]
[Pages 5220-5222]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-2270]
[[Page 5219]]
_______________________________________________________________________
Part VII
Department of Housing and Urban Development
_______________________________________________________________________
Office of the Assistant Secretary for Community Planning and
Development; Notice of Funding for Fiscal Year 1997: Capacity Building
for Community Development and Affordable Housing; Notice
Federal Register / Vol. 63, No. 20 / Friday, January 30, 1998 /
Notices
[[Page 5220]]
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
[Docket No. FR-4289-N-01]
Office of the Assistant Secretary for Community Planning and
Development; Funding for Fiscal Year 1997: Capacity Building for
Community Development and Affordable Housing
AGENCY: Office of the Assistant Secretary for Community Planning and
Development, HUD.
ACTION: Notice of funding for fiscal year 1997.
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SUMMARY: A recently enacted appropriation transfers $30.2 million in
Fiscal Year 1997 funds to section 4 of the HUD Demonstration Act of
1993 and amends it to provide this assistance through The Enterprise
Foundation, the Local Initiatives Support Corporation (LISC), Habitat
for Humanity, and Youthbuild, USA. The funds are to be used for
capacity building for community development and affordable housing--
provided that at least $10,000,000 of the funding is used in rural
areas, including tribal areas--as required by section 4 of the 1993
Act.
Section 4 authorizes the Secretary to establish by notice such
requirements as may be necessary to carry out its provisions. This
notice, which takes effect upon issuance, indicates that HUD will
equally divide the $30.2 million appropriated for this capacity
building initiative among the four organizations cited above. Each
organization will match the HUD assistance provided with resources from
private sources in an amount equal to three times its share, as
required by section 4 of the 1993 Act. Each organization will use at
least $2.5 million of its $7.55 million share for activities in rural
areas, including tribal areas.
This notice also provides details regarding administrative and
other requirements which shall apply to this program.
FOR FURTHER INFORMATION CONTACT: Phyllis Amon, Office of Community
Planning and Development, Department of Housing and Urban Development,
451 Seventh Street, SW., Room 7216, Washington DC 20410. Telephone
Number (202) 708-3176 Ext. 4380, TTY Number: (202) 708-2565. (These are
not toll-free numbers.)
SUPPLEMENTARY INFORMATION:
1. Authority
The 1997 Emergency Supplemental Appropriations Act for Recovery
from Natural Disasters, and for Overseas Peacekeeping Efforts,
including Those in Bosnia, Pub.L. 105-18, 111 Stat. 198 and 201, June
12, 1997, (1997 Emergency Supplemental Appropriations Act) transfers
$30.2 million from the Homeownership and Opportunity for People
Everywhere (HOPE) program account to section 4 of the HUD Demonstration
Act of 1993, 41 U.S.C. 9816 note, (1993 Act) and amends it to provide
this assistance through Enterprise, LISC, Habitat for Humanity, and
Youthbuild ``to develop the capacity and ability of community
development corporations and community housing development
organizations to undertake community development and affordable housing
projects and programs.''
2. Background
In Fiscal Year 1994, HUD provided $20 million to Enterprise and
LISC through The National Community Development Initiative (NCDI) as
authorized by section 4 of the HUD Demonstration Act of 1993. An
additional $10 million for NCDI was authorized by section 12(b)(3) of
the Housing Opportunity Program Extension Act of 1996, Pub. L. 104-120,
110 Stat. 845, March 28, 1996. In accordance with these statutes, HUD
divided both appropriations equally between Enterprise and LISC. HUD
published a notice on March 30, 1994, at 59 FR 14988, which sets forth
the requirements for these funds.
Today's notice contains requirements for the newly authorized $30.2
million. These funds, however, may be allocated by Enterprise and LISC
to continue NCDI activities which received funding under the notice
dated March 30, 1994 and grant agreements pursuant to it. Those
activities will continue to be governed by the requirements of the
Federal Register funding notice dated March 30, 1994.
Today's notice does not apply to the $30 million in funds
previously made available for NCDI under section 4 of the HUD
Demonstration Act of 1993 or any additional HUD funds allocated by
Enterprise and LISC for NCDI activities. The use of such funds will
continue to be governed by the requirements of the March 30, 1994,
Federal Register funding notice.
3. Allocation and Form of Awards
The 1997 Emergency Supplemental Appropriations Act provides $30.2
million for Section 4 activities. In accordance with congressional
intent, Enterprise, LISC, Habitat for Humanity, and Youthbuild will
each be awarded 7.55 million. The accompanying Conference Report stated
in part:
The language makes a technical change to include certain
participating intermediary organizations * * *. It is the intent of
the conferees that funds available shall be equally divided among
participating intermediary organizations. (H.R. Conf. Rep. No. 105-
119, 105th Cong., 1st Sess. 115 (1997))
Each organization will use $2.5 million of its share for activities
in rural areas, including tribal areas.
4. Eligible Activities
Eligible activities under this award include:
(a) Training, education, support, and advice to enhance the
technical and administrative capabilities of community development
corporations (CDCs) and community housing development organizations
(CHDOs);
(b) Loans, grants, development assistance, predevelopment
assistance, or other financial assistance to CDCs/CHDOs to carry out
community development and affordable housing activities that benefit
low-income families and persons, including the acquisition,
construction, or rehabilitation of housing for low-income families and
persons, and community and economic development activities which create
jobs for low-income persons; and
(c) Such other activities as may be determined by Enterprise, LISC,
Habitat for Humanity, and Youthbuild in consultation with the Secretary
or his designee.
5. Matching Requirements
As required by section 4 of the 1993 Act, this $30.2 million
appropriation is subject to each award dollar being matched by three
dollars in cash or in-kind contributions to be obtained from private
sources. Each of the organizations receiving these funds will document
its proportionate share of matching resources, including resources
committed directly or by a third party to a grantee or subgrantee after
June 12, 1997 to conduct activities in approved work plans.
In-kind contributions shall conform to the requirements of 24 CFR
84.23.
6. Administrative and Other Requirements
The award will be governed by 24 CFR part 84 (Uniform
Administrative Requirements), A-122 (Cost Principles for Nonprofit
Organizations), and A-133 (Audits of Institutions of Higher Education
and other Nonprofit Institutions) as implemented at 24 CFR part 45.
[[Page 5221]]
Other requirements will be detailed in the terms and conditions of
the grant agreement provided to grantees, including the following:
(a) Each grantee will submit to HUD a specific work and funding
plan for each community showing when and how the federal funds and non-
federal matching resources will be used. The work plan must be
sufficiently detailed for monitoring purposes and must identify the
performance goals and objectives to be achieved. Within 30 days after
submission of a specific work plan, HUD will approve the work plan or
notify the grantee of matters which need to be addressed prior to
approval, or the work plan shall be construed to be approved. Work
plans may be developed for less than the full dollar amount and term of
the award, but no HUD-funded costs may be incurred for any activity
until the work plan is approved by HUD. All activities are also subject
to the environmental requirements in paragraph 6.(f) of this notice.
(b) The grantees shall submit to HUD an annual performance report
due 90 days after the end of each calendar year, with the first report
due on March 31, 1999. Performance reports shall include reports on
both performance and financial progress under work plans including
reports on the commitment and expenditure of private matching resources
utilized through the end of the reporting period. Reports shall conform
to the reporting requirements of 24 CFR part 84. Additional information
or increased frequency of reporting, not to exceed twice a year, may be
required by HUD any time during the grant agreement if HUD finds such
reporting to be necessary for monitoring purposes.
To further the consultation process and share the results of
progress to date, the Secretary may require grantees to present and
discuss their performance reports at annual meetings in Washington, DC
during the life of the award.
(c) The performance reports must contain the information required
under 24 CFR part 84, including a comparison of actual accomplishments
with the objectives and performance goals of the work plans. In the
work plans each grantee will identify performance goals and objectives
established for each community in which it proposes to work and
appropriate measurements under the work plan such as: the number of
housing units and facilities each CDC/CHDO produces annually during the
grant period and the average cost of these units. Provided, however,
that when the activity described in a work plan is not to be undertaken
in a single community that a report indicating the areas in which the
activity will be undertaken, along with appropriate goals and
objectives, will be provided when that information is available. The
performance reports will also include a discussion of the
reasonableness of the unit costs; the reasons for slippage if
established objectives and goals are not met; and additional pertinent
information.
(d) A final performance report, in the form described in paragraph
(c) above, shall be provided to HUD by each grantee within 90 days
after the completion date of the award.
(e) Financial status reports (SF-269A) shall be submitted
semiannually.
(f) Environmental review. Individual projects to be funded by these
grants may not be known at the time the overall grants are awarded and
also may not be known when some of the individual subgrants are made.
Therefore, in accordance with 24 CFR 50.3(h), the application and the
grant agreement must provide that no commitment or expenditure of HUD
or local funds to a HUD-assisted project may be made until HUD has
completed an environmental review to the extent required under
applicable regulations and has given notification of its approval in
accordance with 24 CFR 50.3(h).
8. Application Content
Grantees will be required to file an application containing the
following:
(a) Application for Federal Assistance (OMB Standard Form 424),
Non-construction Assurances (SF-424B), Certification Regarding Drug-
Free Workplace Requirements, Certification Regarding Lobbying and the
Fair Housing and Equal Opportunity certification described in section
9(f) of this notice;
(b) A Summary Budget for the amount of funds being requested as
described in section VI (10) of the ``NOFA for Consolidated Technical
Assistance for Community Planning and Development (CPD) Programs;
Notice,'' published at 59 FR 33842, 33848, on June 30, 1994 and
specifying any amounts to be committed to NCDI activities under the
notice dated March 30, 1994 and grant agreements pursuant to it.
9. Other Matters
(a) Environmental Impact. A Finding of No Significant Impact with
respect to the environment has been made in accordance with the
Department's regulations at 24 CFR part 50, which implements 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 between 7:30 a.m. and 5:30 p.m. weekdays at the Office of
the Rules Docket Clerk, Room 10276, Department of Housing and Urban
Development, 451 Seventh Street, SW, Washington, DC 20410.
(b) Wage Rates. Unless triggered by other Federal funds for a
project under this grant, the requirements of the Davis-Bacon Act do
not apply.
(c) Relocation. The Uniform Relocation Act applies to anyone who is
displaced as a result of acquisition, rehabilitation, or demolition,
for a HUD-assisted activity.
(d) Federalism. The General Counsel, as the Designated Official
under section 7(a) of the Executive Order 12612, Federalism, has
determined that the policies contained in this funding notice will not
have substantial direct effects on States or their political
subdivisions or on the distribution of power and responsibilities among
the various levels of government. Specifically, this notice makes funds
available through specific entities for specific activities, as
required by statute, and does not impinge upon the relationships
between the Federal government, and State and local governments.
(e) Prohibition against lobbying activities. Applicants for funding
under this notice are subject to the provisions of section 319 of the
Department of Interior and Related Agencies Appropriation Act for
Fiscal Year 1991, 31 U.S.C. 1352 (the Byrd Amendment) and to the
provisions of the Lobbying Disclosure Act of 1995, Pub. L. 104-65
(December 19, 1995).
The Byrd Amendment, which is implemented in regulations at 24 CFR
part 87, prohibits applicants for Federal contracts and grants from
using appropriated funds to attempt to influence Federal Executive or
legislative officers or employees in connection with obtaining such
assistance, or with its extension, continuation, renewal, amendment or
modification. The Byrd Amendment applies to the funds that are the
subject of this notice. Therefore, applicants must file with their
application a certification stating that they have not made and will
not make any prohibited payments and, if any payments or agreement to
make payments of nonappropriated funds for these purposes have been
made, a form SF-LLL disclosing such payments must be submitted.
The Lobbying Disclosure Act of 1995, Pub. L. 104-65 (December 19,
1995), which repealed section 112 of the HUD Reform Act and resulted in
the elimination of the regulations at 24 CFR
[[Page 5222]]
part 86, requires all persons and entities who lobby covered Executive
or Legislative Branch officials to register with the Secretary of the
Senate and the Clerk of the House of Representatives and file reports
concerning their lobbying activities.
(f) Fair Housing and Equal Opportunity. Applications must contain a
certification that the applicant will comply with the requirements of
the Fair Housing Act, title VI of the Civil Rights Act of 1964, section
504 of the Rehabilitation Act of 1973, and the Age Discrimination Act
of 1975, and will affirmatively further fair housing.
Authority: Section 4 of the HUD Demonstration Act of 1993, Pub.
L. 103-120, 42 U.S.C. 9816 note, as amended and Pub. L. 105-18, 111
Stat 198.
Dated: January 23, 1998.
Saul N. Ramirez, Jr.,
Assistant Secretary for Community Planning and Development.
[FR Doc. 98-2270 Filed 1-29-98; 8:45 am]
BILLING CODE 4210-29-P
