97-30895. Bank Enterprise Award Program; Amended Notice of Funds Availability (NOFA) for the Bank Enterprise Award (BEA) Program  

  • [Federal Register Volume 62, Number 227 (Tuesday, November 25, 1997)]
    [Notices]
    [Pages 62802-62803]
    From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
    [FR Doc No: 97-30895]
    
    
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    DEPARTMENT OF THE TREASURY
    
    Community Development Financial Institutions Fund
    RIN 1505-AA71
    
    
    Bank Enterprise Award Program; Amended Notice of Funds 
    Availability (NOFA) for the Bank Enterprise Award (BEA) Program
    
    AGENCY: Community Development Financial Institutions Fund, Department.
    
    ACTION: Amended Notice of Funds Availability (NOFA).
    
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    SUMMARY: The Community Development Financial Institutions Fund (the 
    Fund) issues this amendment to the Notice of Funds Availability (NOFA) 
    published in the Federal Register on March 7, 1997, which invited 
    applications for the Bank Enterprise Award (BEA) Program. That NOFA 
    identified the applicable Assessment Period as March 1, 1997 through 
    August 31, 1997. Since publication, the Fund has learned that technical 
    advice that the Fund provided to an entity in connection with the 
    entity's certification as a Community Development Financial Institution 
    (CDFI) under 12 CFR part 1805 may have led the entity to obtain 
    investment capital from insured depository institutions prior to the 
    commencement of the Assessment Period. Currently, pursuant to the BEA 
    Program as set forth in the March 7, 1997 NOFA and the BEA Program 
    regulations at 12 CFR part 1806, CDFI Related Activities carried out by 
    insured depository institutions before March 1, 1997 are not eligible 
    for an award. To fulfill the purpose of the Community Development 
    Banking and Financial Institutions Act of 1994 (12 U.S.C. 4701 et 
    seq.), the Fund will allow insured depository institution applicants 
    the option of electing an Assessment Period from February 1, 1997 
    through July 31, 1997, provided that they meet certain conditions. The 
    Fund is confident that there are sufficient funds available to make 
    full cash awards to all insured depository institution applicants in 
    the second round of the BEA Program that qualified to receive awards, 
    and assures all such applicants that no awards will be reduced as a 
    result of this amendment.
    
    DATES: Elections must be received in the offices of the Fund on or 
    before December 12, 1997.
    
    ADDRESSES: Elections shall be mailed or faxed to: The Community 
    Development Financial Institutions Fund, U.S. Department of the 
    Treasury, 601 13th Street, NW, Suite 200 South, Washington, D.C. 20005, 
    Fax Number (202) 622-7754.
    
    FOR FURTHER INFORMATION CONTACT: The Community Development Financial 
    Institutions Fund, U.S. Department of the Treasury, 601 13th Street, 
    NW, Suite 200 South, Washington, D.C. 20005, or call (202) 622-8662.
    
    SUPPLEMENTARY INFORMATION:
    
    I. Background
    
        The purpose of the Community Development Banking and Financial 
    Institutions Act of 1994 (Act) was to create the Fund to promote 
    economic revitalization and community development through investment in 
    and assistance to Community Development Financial Institutions (CDFIs). 
    The Fund's BEA Program helps achieve this purpose through an incentive 
    system for insured depository institutions to increase their lending to 
    and investment in CDFIs by rewarding participating institutions with 
    awards.
    
    II. Reasons for Amending the March 7, 1997 Notice of Funds 
    Availability
    
        In early 1997, the Fund provided technical advice to an entity 
    regarding the Fund's requirements for certification as a CDFI under 12 
    CFR part 1805. The Fund understands that its technical advice led the 
    entity to obtain investment capital from insured depository 
    institutions in February 1997, and that the Fund also certified it as a 
    CDFI in February 1997.
        Under the BEA Program, insured depository institutions which engage 
    in CDFI Related Activities, including equity investments in CDFIs, 
    during an Assessment Period will be eligible for an award (see 12 CFR 
    part 1806). The Fund sets forth the applicable Assessment Period in a 
    Notice of Funds Availability (NOFA). On March 7, 1997 (62 FR 10679), 
    the Fund published a NOFA in the Federal Register setting the 
    applicable Assessment Period as March 1, 1997 through August 31, 1997. 
    As a result, CDFI Related Activities conducted by insured depository 
    institutions in February 1997 are not eligible for a Bank Enterprise 
    Award.
        The Fund believes that such a result would be inconsistent with the 
    purpose of the Act under circumstances where insured depository 
    institutions carried out CDFI Related Activities prior to the 
    Assessment Period as a direct or indirect result of the Fund's 
    technical advice, and would have carried out such activities during the 
    Assessment Period but for such advice. Specifically, the Act is 
    intended to reward insured depository institutions for increased 
    investments in CDFIs. If the Fund does not amend the NOFA, at least two 
    insured depository institutions would not be eligible to receive a Bank 
    Enterprise Award for CDFI Related Activities carried out in February 
    1997.
    
    III. Amended Optional Assessment Period
    
        The amended optional Assessment Period is February 1, 1997 through 
    July 31, 1997.
    
    IV. Eligibility
    
        Any insured depository institution that timely submitted to the 
    Fund an application in response to the March 7, 1997 NOFA may elect the 
    amended
    
    [[Page 62803]]
    
    optional Assessment Period, provided that the Fund receives the 
    following by the date set forth above:
    
        (a) A detailed written explanation, with any and all supporting 
    documentation, describing the Fund's technical advice, the impact of 
    such advice on the insured depository institution's carrying out of 
    CDFI Related Activities in February 1997; and
        (b) A revised ``Worksheet,'' ``Certification,'' and 
    ``Documentation'' to reflect the Qualified Activities carried out 
    during the February 1, 1997 through July 31, 1997 Assessment Period 
    (see 12 CFR 1806.301 and 1806.202(d)).
    
    V. Acceptance
    
        Elections received in the offices of the Fund after the date set 
    forth above will be rejected. The Fund will accept a timely election 
    from an eligible insured depository institution which meets its burden 
    of establishing to the Fund that: (1) it carried out CDFI Related 
    Activities in February 1997 as a direct or indirect result of the 
    Fund's technical advice; and (2) it would have carried out those 
    Activities during the March 1, 1997 through August 31, 1997 Assessment 
    Period but for the Fund's technical advice. The Fund reserves the right 
    to make follow-up inquiries.
    
        Authority: 12 U.S.C. 1834a, 4701, 4704, 4713; 12 CFR part 1806.
    Maurice A. Jones,
    Acting Deputy Director.
    [FR Doc. 97-30895 Filed 11-24-97; 8:45 am]
    BILLING CODE 4810-70-P
    
    
    

Document Information

Published:
11/25/1997
Department:
Community Development Financial Institutions Fund
Entry Type:
Notice
Action:
Amended Notice of Funds Availability (NOFA).
Document Number:
97-30895
Dates:
Elections must be received in the offices of the Fund on or before December 12, 1997.
Pages:
62802-62803 (2 pages)
RINs:
1505-AA71: Community Development Financial Institutions Program; Bank Enterprise Award Program Regulations
RIN Links:
https://www.federalregister.gov/regulations/1505-AA71/community-development-financial-institutions-program-bank-enterprise-award-program-regulations
PDF File:
97-30895.pdf