[Federal Register Volume 63, Number 227 (Wednesday, November 25, 1998)]
[Notices]
[Pages 65456-65483]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-31515]
[[Page 65455]]
_______________________________________________________________________
Part V
Department of Housing and Urban Development
_______________________________________________________________________
Funding Availability (NOFA) for CDBG Small Cities Development Grants
for Fiscal Year 1999; Notice
Federal Register / Vol. 63, No. 227 / Wednesday, November 25, 1998 /
Notices
[[Page 65456]]
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
[Docket No. FR-4422-N-01]
Notice of Funding Availability for: the HUD-Administered Small
Cities Community Development Block Grant (CDBG) Program, Development
Grants-Fiscal Year 1999; and the Section 108 Loan Guarantee Program for
Small Communities in New York State
AGENCY: Office of the Assistant Secretary for Community Planning and
Development, HUD.
ACTION: Notice of funding availability (NOFA) for CDBG Small Cities
Development Grants for Fiscal Year (FY) 1999.
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SUMMARY: This Notice of Funding Availability (NOFA) announces the
availability of CDBG Small Cities economic development grants and
guaranteed loans to fund eligible economic development activities
related to the New York canal system. This NOFA is part of the Canal
Corridor Initiative, a multiyear effort designed to revitalize the
economic base of communities in upstate New York through economic
development projects and job creation along the canal system and
connecting waterways. HUD announced the first Canal Corridor Initiative
grants in FY 1997 and awarded 51 Canal Corridor CDBG grants to
communities for canal-related projects. This NOFA is the second round
in that overall initiative.
Eligible economic development activities are expected to be funded
through a combination of resources, including Community Development
Block Grant (CDBG) funds made available through this NOFA under the
HUD-administered Small Cities CDBG program and the Section 108 Loan
Guarantee program. HUD expects to provide funds for the selected
economic development projects through a combination of CDBG and Section
108 in an aggregate amount of approximately $3 million.
HUD expects that the typical project proposal would be a Section
108-eligible economic development project that builds on the unique
locational opportunities afforded by the New York canal system and
connecting waterways to foster commercial revitalization, business
growth and expansion, and job creation that will result in the economic
and physical revitalization of the project area. Such projects would
utilize funds made available by the Section 108 Loan Guarantee program
to provide the ``up-front'' financing, along with other public or
private resources to the extent financially feasible. The loan
guaranteed by section 108 would be expected to be repaid with a
combination of the CDBG funds requested as part of this application,
future CDBG appropriations, and the ``cash flows'', if any, generated
by the assisted project. This NOFA makes available $1 million in FY
1999 funding through the HUD-administered Small Cities CDBG program for
the first year of multiyear plans requested through applications.
Multiyear plans approved will not propose an amount of grant funds
totaling more than $4.63 million for all years.
HUD encourages applications from joint applicants in accordance
with 24 CFR 570.422. The nature of riverfront revitalization is such
that waterfront projects undertaken in tandem at different points along
the waterfront creates a ``regional synergy'' that enhances the success
of all projects in the region.
Combining Section 108 Loans with Multiyear Plans for CDBG Funding
to Create a Financial Package. Under the Section 108 program and
pursuant to 24 CFR 570.705(a)(2)(iii), a New York State nonentitled
community/public entity eligible to receive HUD-administered CDBG Small
Cities funds may borrow an aggregate amount of funds guaranteed under
the Section 108 Loan Guarantee program that is five times the greater
of:
(A) The most recent CDBG Small Cities grant approved for the
applicant,
(B) The average of the most recent three CDBG Small Cities grants
approved for the applicant (excluding any CDBG grant in the same fiscal
year as the Section 108 Loan Guarantee commitment), or
(C) The average amount of CDBG Small Cities grants made to units of
general local government in New York State in the previous fiscal year.
Note that the amount of Section 108 guaranteed funds that is
available to a community for new projects may be determined by
subtracting the recipient's total unpaid balance of debt obligations
currently guaranteed under the Section 108 Loan Guarantee program from
the amount authorized for the community as determined in (A) through
(C) above.
In FY 1998, the average New York State CDBG Small Cities grant
amount awarded was $421,699. This means that under the Section 108
program, a typical New York State nonentitled community or county may
borrow, under (C) above, approximately $2.1 million (assuming that the
community does not have any outstanding unpaid Section 108 Loan
Guarantee balance). Given current Section 108 Loan Guarantee rates and
a 20-year financing term, the average annual straight line principal
and interest payment of a $2.1 million guaranteed Section 108 loan
would be approximately $191,000 per year.
In addition to any other security arrangement that may be permitted
or required pursuant to 24 CFR 570.705(b), and in order to reduce the
risk to HUD and individual borrowers beginning in fiscal year 2000, HUD
will establish a debt service reserve with CDBG Small Cities funds that
will be used to make the first year's Section 108 debt obligation
payments when they come due (ending in August of any year under the
current system) for Canal Corridor projects approved under this NOFA.
Early in the next fiscal year, HUD will replenish the debt service
reserve for purposes of the next year's payments with another Small
Cities grant under the noncompetitive authority of 24 CFR 570.432. HUD
intends to, subject to the conditions stated in Sec. 570.432 including
the availability of appropriations, continue to replenish the debt
service reserve account each year for each grant made under this NOFA
as long as any related Section 108 loan remains outstanding.
This NOFA sets out program guidelines that will govern the
application, application review, and award process for the CDBG New
York State Small Cities grants made available as part of the financial
package for Canal Corridor Initiative projects.
DATES: Applications are due on or prior to February 3, 1999.
Applications, if mailed, must be postmarked by the United States Postal
Service no later than midnight on February 3, 1999. Overnight delivery
items received within ten (10) days after February 3, 1999, will be
deemed to have been received by that date, upon submission of
documentary evidence that they were placed in transit with the
overnight delivery service by no later than February 3, 1999. If an
application is hand-delivered to the New York or the Buffalo Office,
the application must be delivered to the appropriate office by no later
than 4:00 p.m. on the deadline date.
The above-stated application deadline is firm as to date and hour.
In the interest of fairness to all competing applicants, HUD will treat
as ineligible for consideration any application that is not received by
4:00 p.m. on, or postmarked by February 3, 1999. Applicants should take
this policy into account and make early submission of their materials
to avoid any risk of loss of eligibility brought about by
[[Page 65457]]
unanticipated delays or other delivery-related problems.
ADDRESSES: Completed applications will be accepted at the following
addresses:
1. For the nonentitled CDBG jurisdictions in and county of Ulster
and nonparticipating jurisdictions in the urban county of Dutchess:
Department of Housing and Urban Development, Office of Community
Planning and Development, Attention: Small Cities Coordinator, 26
Federal Plaza, New York, NY 10278-0068. Telephone (212) 264-0771; and
2. For the nonentitled CDBG jurisdictions in and counties of
Albany, Cayuga, Clinton, Columbia, Erie, Essex, Fulton, Greene,
Herkimer, Jefferson, Madison, Monroe, Montgomery, Niagara, Oneida,
Onondaga, Ontario, Orleans, Oswego, Rensselaer, St. Lawrence, Saratoga,
Schenectady, Schuyler, Seneca, Tompkins, Warren, Washington, Wayne and
Yates: Department of Housing and Urban Development, Community Planning
and Development Division, Attention: Small Cities Coordinator, 465 Main
Street, Lafayette Court, Buffalo, NY 14203-1780. Telephone (716) 551-
5742.
FOR FURTHER INFORMATION CONTACT: Robert Duncan, Deputy Director, Office
of Block Grant Assistance, Department of Housing and Urban Development,
Room 7286, 451 Seventh Street, SW, Washington, DC 20410, Telephone
(202) 708-3587; or Mr. Michael Merrill, Director, Community Planning
and Development Division, Department of Housing and Urban Development,
415 Main Street, Buffalo, NY 14203-1780, Telephone (716) 551-5755.
(This is not a toll-free number)
Persons with hearing or speech impairments may access these numbers
via TTY by calling the toll-free Federal Information Relay Service at
(800) 877-8339.
SUPPLEMENTARY INFORMATION:
I. Purpose and Substantive Description
A. Authorities and Background
1. Authority
Title I, Housing and Community Development Act of 1974 (the HCD
Act) (42 U.S.C. 5301-5320); 24 CFR part 570, subpart F.
2. Background
Title I of the Housing and Community Development Act of 1974
authorizes the Community Development Block Grant (CDBG) program.
Section 106 of Title I permits the States to elect to assume the
administrative responsibility for the CDBG program for nonentitled
areas within their jurisdiction. Section 106 provides that HUD will
administer the CDBG program for nonentitled areas within any State that
does not elect to assume the administrative responsibility for the
program. Subpart F of 24 CFR part 570 sets out the requirements for
HUD's administration of the CDBG program in nonentitled areas (Small
Cities program). The State of New York has not elected to implement the
CDBG Small Cities program.
With respect to this NOFA, subpart F, at 24 CFR 570.421(a)(5),
``Economic development grants,'' provides that in the event that a
nonentitlement New York State Small Cities applicant needs a CDBG Small
Cities grant, in addition to a Section 108 Loan Guarantee, to make its
economic development project viable, HUD may fund such applications, as
they are determined to be fundable in a specific amount up to the sum
set aside for economic development projects in this Notice of Funding
Availability. This NOFA proposes to maximize the utilization of Section
108 guaranteed loans in conjunction with multiyear plans for use of
CDBG funds to undertake eligible development projects. As a result of
this approach, the funds announced in this NOFA provide eligible small
communities and counties in New York State with a unique opportunity to
propose programs that focus on canal-related economic development
projects to expand economic and job opportunities and act as a catalyst
to spur community and neighborhood economic revitalization. HUD
encourages eligible communities to propose programs that are creative
and innovative in addressing their economic development needs. Although
the focus of 24 CFR 570.421(a)(5) is broadly described as economic
development, as a technical matter any activity eligible for Section
108 Loan Guarantee assistance under 24 CFR 570.703 is eligible under
this NOFA (except as stated in section I.C.3.a. of this NOFA, below) to
carry out the applicant's economic development project. As emphasized
in the selection factors (see section II.C. of this NOFA), however, the
overall purpose of the eligible activity, or group of eligible
activities, proposed for funding in response to this NOFA is job
creation and the economic development of the area served by the
proposed project.
Because of the integral relationship of CDBG grant funds and the
Section 108 Loan Guarantees, the scale of economic development projects
solicited, and the expectation of a long-term stream of CDBG funds
(subject to future appropriations) to make such projects economically
feasible, this NOFA solicits applications for multiyear plans. If an
applicant's multiyear plan is selected on a competitive basis, the
first year will be funded, and HUD may fund future years for purposes
of paying the Section 108 Loan Guarantee debt obligation due that year
on a noncompetitive basis subject to acceptable performance, submission
of an acceptable application and certifications, and the provision of
adequate appropriations for the CDBG New York nonentitlement Small
Cities program. Note that a community whose Canal Corridor grant and
multiyear plan is approved will be required and must agree to submit an
application for CDBG Small Cities funds to HUD each year of the
multiyear plan in order to pay any amount of the Section 108 debt
service obligation that would not otherwise be paid from the cash flow
of the assisted project. This is necessary in order to ensure the
timely payment of the Section 108 debt obligation and avoid a default
of the 108 guaranteed loan.
3. Other Program Requirements
a. Abbreviated Consolidated Plan. Each jurisdiction that applies
for funds under this NOFA must have submitted a consolidated plan, as
provided at 24 CFR part 91. A jurisdiction that does not expect to be a
participating jurisdiction in the HOME program under 24 CFR part 92,
may submit (or may have submitted) an abbreviated consolidated plan
that is appropriate to the types and amounts of assistance sought from
HUD. (See 24 CFR 91.235.) If an applicant has an abbreviated
consolidated plan previously approved by HUD, the applicant may update
it, if necessary, if the CDBG development activities proposed in the
application contain any new non-housing community development activity.
Note that applicants that are also submitting applications for the New
York CDBG Small Cities competition (see the NOFA for that program
published elsewhere in this issue of the Federal Register) may meet the
consolidated plan submission for both competitions with one
consolidated plan submission as long as the consolidated plan
submission covers the activities proposed in both applications.
Applicants are not authorized to undertake a housing activity with
funds under this NOFA. An applicant seeking funds under this NOFA to
address non-housing community development needs should prepare an
abbreviated consolidated plan that describes the jurisdiction's
priority non-housing community development needs eligible for
assistance under the CDBG program by eligibility category, reflecting
the
[[Page 65458]]
needs of families for each type of activity, as appropriate, in terms
of dollar amounts estimated to meet the priority need for the type of
activity (see 24 CFR 91.235(c)(2)). The abbreviated consolidated plan
is subject to the same citizen participation requirements as is the
jurisdiction's Small Cities CDBG application. Both must meet the
citizen participation requirements before they may be submitted to HUD.
(See 24 CFR 570.431) A Section 108 Loan Guarantee application would
also have to meet these requirements if the jurisdiction submits one to
HUD for consideration.
If possible, applicants should endeavor to submit the abbreviated
consolidated plan in advance of the Small Cities Canal Corridor
application due date. The latest time at which the abbreviated
consolidated plan will be accepted by HUD for the HUD-administered
Small Cities program in New York will be the application due date for
the Small Cities Canal Corridor application. Failure to submit the
abbreviated consolidated plan by the due date is not a curable
technical deficiency. Questions regarding the abbreviated consolidated
plan should be directed to the appropriate HUD field office.
Any application that is fundable, but does not have an approved
consolidated plan, will receive a conditional approval subject to HUD's
approval of the abbreviated consolidated plan. If HUD is unable to
approve the abbreviated consolidated plan within a reasonable period of
time, but not less than 60 days from the date that the conditional
approval is announced, HUD reserves the right to rescind the award. In
such event the funding will be awarded to the highest rated fundable
applicant that did not receive funding under this competition.
b. Section 3. Assistance provided under this NOFA is subject to the
requirements of section 3 of the Housing and Urban Development Act of
1968, and the implementing regulations in 24 CFR part 135. One of the
purposes of this NOFA, which is consistent with section 3, is to give,
to the greatest extent feasible and consistent with Federal, State, and
local laws and regulations, job training, employment and other
contracting opportunities generated from certain HUD financial
assistance to low- and very low-income persons. Public entities awarded
funds under this NOFA that intend to use the funds for housing
rehabilitation, housing construction, or other public construction must
comply with the applicable requirements set forth in the regulations.
c. CDBG Program Requirements. The provisions of 24 CFR part 570,
subpart F, as applicable, shall apply to CDBG grants made under this
NOFA.
4. Accountability in the Provision of HUD Assistance: Documentation and
Public Access Requirements; Applicant/Recipient Disclosures
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) (Pub. L. 101-235; approved December 15, 1989). The final
rule is codified at 24 CFR part 4. 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 16, 1992 (57 FR 1942), HUD published a final rule
implementing section 102. Although the rule has been amended and now
appears in part 4, the January 16, 1992 notice provided the public
(including applicants for, and recipients of, HUD assistance) with
further information on the implementation of section 102. The
documentation, public access, and applicant and recipient disclosure
requirements of section 102 apply to assistance awarded under this NOFA
as follows:
a. HUD Responsibilities. (1) 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
Federal Register notice of all recipients of HUD assistance awarded on
a competitive basis.
(2) 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 of 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.
b. Units of General Local Government Responsibilities. Units of
general local government awarded assistance under this NOFA are subject
to the provisions of either paragraph b.(1), or paragraph b.(2) and
b.(3), below. For units of local government awarded assistance under
this NOFA which in turn make the assistance available on a
NONCOMPETITIVE BASIS for a specific project or activity to a
subrecipient, or a ``Community Based Development Organization'' (CBDO)
as defined in 24 CFR 570.204, paragraph b. (1) applies. For units of
local government awarded assistance under this NOFA, which in turn make
the assistance available on a COMPETITIVE BASIS for a specific project
or activity to a subrecipient, or a CBDO, paragraphs b. (2) and (3)
apply.
(1) Disclosures. The units of general local government receiving
assistance under this NOFA must make all applicant disclosure reports
available to the public for three years. Required update reports must
be made available along with the applicant disclosure reports, but in
no case for a period less than three years. Each unit of general local
government may use HUD Form 2880 to collect the disclosures, or may
develop its own form.
(2) Documentation and Public Access. The recipient unit of general
local government must ensure that documentation and other information
regarding each application submitted to the recipient by a subrecipient
or CBDO applicant are adequate to indicate the basis upon which
assistance was provided or denied. The unit of general local government
must make this material, including any letters of support, available
for public inspection for a five-year period beginning not less than 30
days after the award of the assistance. Unit of general local
government recipients must also notify the public of the subrecipients
or CBDO's that receive the assistance. Each recipient will develop
documentation, public access, and notification procedures for its
programs.
(3) Disclosures. Units of general local government receiving
assistance under this NOFA must make all applicant disclosure reports
available to the public for five years. Required update reports must be
made available along with the applicant disclosure reports, but in no
case for a period less than three years. Each unit of general local
government may use HUD Form 2880 to collect the disclosures, or may
develop its own form.
[[Page 65459]]
B. Allocation of Grant Amounts and Section 108 Loan Guarantee
Commitments
1. Total Available Funding
The nonentitlement CDBG funds for New York State for FY 1999 total
approximately $54,558,000. Of that amount, this NOFA sets aside $1
million for eligible economic development grants for projects that
create jobs, principally for low and moderate income persons, and
increase economic opportunities related to the New York State Canal
System or connecting waterways (see section I.C.1. of this NOFA, below,
regarding eligible applicants).
2. Maximum Grant Amounts
The maximum CDBG grant amount that will be awarded from FY 1999
funds for an eligible economic development project pursuant to this
NOFA is $300,000, though the average grants may be less. For a
multiyear plan, HUD expects that no more than $1 million will be made
available in funds under this NOFA and approximately $191,000 per year
in future years' CDBG funds (subject to appropriations) to pay the
Section 108-guaranteed debt obligation per grantee over the life of the
plan. Thus in the aggregate for all plans, HUD expects that no more
than $38 million will be required (subject to appropriations) for
Section 108 loan payments over a projected 20 year life of all
multiyear plans approved, limiting the set-asides of CDBG funds for
multiyear plans to an average of $1.91 million per year over a 20-year
period.
Note that the maximum grant amounts discussed in this paragraph are
solely for grants made under this NOFA. The maximum grant amounts
authorized under the regular New York CDBG nonentitlement competition
are $400,000 for cities, towns and villages and $600,000 for counties.
A community may apply for a grant under both competitions and may be
awarded grants up to the maximum amounts authorized under both
competitions.
3. Availability of Section 108 Loan Guarantees
HUD could make up to $21 million in Section 108 Loan Guarantee
commitments, or higher, if all applicants proposed projects that
utilized the maximum amount of Section 108 loan guarantee authority
available to them.
4. Multiyear Requests and Repayment of Section 108 Loans With CDBG
Funds
a. General. Pursuant to 24 CFR 570.432, HUD expects to approve
multiyear plans of up to twenty (20) years, for use of CDBG funds for
the sole purpose of paying any amounts due on debt obligations issued
by such unit of general local government (or its designated public
agency) and guaranteed by the Secretary pursuant to section 108 of the
Housing and Community Development Act of 1974, as amended.
b. Submission of multiyear request and plan. Each application for a
CDBG economic development grant under this NOFA should include a
multiyear plan for CDBG funds, the use of which will be limited to
paying projected amounts due on Section 108-guaranteed debt obligations
over the projected term of the loan.
The multiyear plans will be rated competitively against each other
based on the selection criteria in section II.C. of this NOFA. Each
applicant's multiyear plan must discuss:
the total amount of the Section 108 Loan Guarantee
commitment that will be requested,
the term of the Section 108 guaranteed loan and
a repayment schedule for the Section 108 guaranteed loan
that clearly identifies the amount and source of the projected funds,
including the CDBG funds proposed to be used to repay the Section 108
guaranteed loan over the course of the multiyear plan.
The multiyear period may not exceed 20 years.
HUD intends to fund succeeding years of the plan on a
noncompetitive basis, subject to acceptable performance, submission of
an acceptable application and certifications, and the provision of
adequate appropriations for the HUD-administered Small Cities program.
HUD reserves the right to lower the amount of funds for succeeding
years if respective recipients are not in compliance with performance
requirements and applicable regulations. The application must list for
each year of the multiyear period the projected amount of CDBG funds
requested for each year. The amount of CDBG funds requested for each
year need not be the same amount; however, the amount requested for
each year should relate to the anticipated amounts appropriate to meet
the CDBG portion of the debt obligation, principal and interest, on the
Section 108 guaranteed loan, consistent with section I.B.2. of this
NOFA, above. For subsequent years of the multiyear period and pursuant
to 24 CFR 570.432, HUD will adjust the actual CDBG grant amount awarded
to such amounts required for the sole purpose of paying any principal
and interest amounts due on the loan guaranteed by Section 108 as
provided under the Section 108 note contract, or in the event of a
default any amounts due under the guarantee.
C. Eligibility
1. Eligible Applicants
Eligible applicants are units of general local government in New
York State (excluding metropolitan cities, urban counties, units of
government that are participating in urban counties or metropolitan
cities even if only part of the participating unit of government is
located in the urban county or metropolitan city, and Indian tribes
eligible for assistance under section 106 of the HCD Act) that are
proposing development activities related to the New York State Canal
System or connecting waterways, including, but not limited to the
Hudson River, Cayuga Lake, Seneca Lake, Lake Champlain, Lake George,
Lake Erie, and Lake Ontario. Eligible applicants are further limited to
the nonentitled CDBG jurisdictions in and counties of Albany, Cayuga,
Clinton, Columbia, Erie, Essex, Fulton, Greene, Herkimer, Jefferson,
Madison, Montgomery, Niagara, Oneida, Onondaga, Ontario, Orleans,
Oswego, Rensselaer, Saint Lawrence, Saratoga, Schenectady, Schuyler,
Seneca, Tompkins, Ulster, Warren, Washington, Wayne, and Yates, and the
nonparticipating jurisdictions in the urban counties of Dutchess and
Monroe.
2. Joint Applicants
There may be several instances in which several communities have
common economic development opportunities that are more feasible if an
eligible development project were carried out jointly rather than on an
individual basis. In such cases, HUD encourages these communities to
develop regional solutions to regional problems and propose a joint
application from all affected communities. This NOFA authorizes
eligible units of general local government under section I.C.1. of this
NOFA, above, to submit a joint application to carry out an eligible
economic development project that addresses common problems faced by
all of the jurisdictions. A joint application must be pursuant to a
written cooperation agreement submitted with the application. The
cooperation agreement must authorize one of the participating units of
government to act as the lead applicant that will submit the
application to HUD, and must delineate the responsibilities of each
participating unit of government with respect to the Small Cities
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program. (See 24 CFR 570.422 for requirements regarding joint
applications.) Except as otherwise noted, a joint application must meet
all of the requirements of this NOFA as an application from a single
unit of general local government. Applications under this NOFA may be
submitted individually or jointly, subject to 24 CFR 570.422. However,
Section 108 Loan Guarantee applications must be submitted individually
and in accordance with 24 CFR 570.704 by each unit of general local
government that will receive a guarantee and issue guaranteed
obligations.
3. Activities Eligible for CDBG Small Cities Grants Under This NOFA
Eligible activities are economic development activities related to
the New York State Canal System or connecting waterways, including, but
not limited to the Hudson River, Cayuga Lake, Seneca Lake, Lake
Champlain, Lake George, Lake Erie and Lake Ontario. Economic
development activities must also meet the criteria below:
a. Eligible economic development projects and activities to be
financed with FY 1999 CDBG funds include the following:
(1) The activities listed under the Section 108 Loan Guarantee
program at 24 CFR 570.703, except subparagraphs (j) Construction of
housing by non-profit organizations, and (m) regarding activities by
``colonias;'' and
(2) Capitalization of a Section 108 debt service reserve/loan loss
reserve as part of the financing of activities that are otherwise
eligible under this NOFA. A debt service reserve created from Small
Cities grant funds should not, however, exceed one year's Section 108
projected debt obligation needs.
b. Eligible activities to be funded during FY 2000 and later years
with CDBG Small Cities funds under multiyear plans proposed pursuant to
this NOFA are limited to the repayment of any amounts due on debt
obligations issued by a units of general local government and
guaranteed by the Secretary pursuant to section 108 of the HCD Act.
This includes planned repayments from CDBG funds, as well as amounts
due in the event of default, as applicable.
4. National Objectives and Primary Objective
Each activity to be funded with CDBG funds or funds guaranteed by
the Section 108 Loan Guarantee program under this Canal Corridor
Initiative competition only must meet the national objective of
principally benefitting low and moderate income persons through the
creation of jobs, 51% of which will be made available to or held by low
and moderate income persons. See 24 CFR 570.208(a)(4). Pursuant to 24
CFR 570.420(e)(2), not less than 70 percent of the total of grant funds
from a grant made under this NOFA and Section 108 Loan Guarantee funds
received within a fiscal year must be expended for activities that
benefit low- and moderate-income persons under the criteria of Sec.
570.208(a) or Sec. 570.208(d) (5) or (6).
5. Anti-Pirating Prohibition
Section 588 of the Quality Housing and Work Responsibility Act of
1998, P.L. 105-276, amended section 105(h) of the Housing and Community
Development Act of 1974 as follows:
``(h) PROHIBITION ON USE OF ASSISTANCE FOR EMPLOYMENT RELOCATION
ACTIVITIES. Notwithstanding any other provision of law, no amount
from a grant under section 106 made in fiscal year 1999 or any
succeeding fiscal year may be used to assist directly in the
relocation of any industrial or commercial plant, facility, or
operation, then the application shall include from 1 area to another
area, if the relocation is likely to result in a significant loss of
employment in the labor market area from which the relocation
occurs.''
Accordingly, HUD will not award any grant for any project that would
violate this prohibition.
6. Limitations on the Ratio of CDBG Grant Funds to Section 108 Loan
Guarantee Funds
HUD reserves the right, within the maximum grant limit of $300,000
provided in section I.B.2. of this NOFA, above, to determine a minimum
or a maximum amount of any CDBG grant award under this NOFA with the
difference from the amount requested, if any, to be made up (to the
maximum extent feasible to fund the eligible economic development
project) with loan funds guaranteed by Section 108. HUD also reserves
the right to determine the amount and number of years of the multiyear
plan, or Section 108 Loan Guarantee award per applicant, application,
or project and to modify requests accordingly.
In the case of an applicant that has received a prior CDBG grant
award for an activity proposed in this application, HUD reserves the
right to consider the amount of the previous CDBG award and the grant
amount requested in response to this NOFA, and to adjust the amount of
a CDBG award under this NOFA, including, if appropriate, not making an
award.
In the event the applicant is awarded a CDBG grant that has been
reduced below the original request, the applicant will be required to
modify its project plans and application to conform to the terms of HUD
approval before execution of a grant agreement and/or a Section 108
Loan Guarantee commitment. HUD reserves the right to reduce or de-
obligate the CDBG grant award if an approvable Section 108 Loan
Guarantee application is not submitted by the grantee in the required
amounts on a timely basis (see section II.B.1.b. After approval of the
CDBG grant, any program amendments must meet the provisions of 24 CFR
570.427.
7. Environmental Review Requirement
The HUD environmental review procedures contained in 24 CFR part 58
apply to this program, according to 24 CFR 570.604. Under part 58,
grantees assume all of the responsibilities for environmental review,
decision making, and action pursuant to the National Environmental
Policy Act of 1969 and the other provisions of law specified by the
Secretary in 24 CFR part 58 that would apply to the Secretary were he
to undertake such projects as Federal projects.
II. The Application Process
Eligible applicants seeking CDBG assistance must apply in
accordance with this NOFA. The CDBG application shall be accompanied by
a request for Section 108 Loan Guarantee commitments, as further
described in section II.B. of this NOFA, below. Application
requirements for the Section 108 program are found in Sec. 570.704.
A. Timing of submission
Applications for CDBG assistance must be submitted for receipt in
the manner described under ``Dates'' and ``Addresses,'' above.
B. Submission Requirements
1. The CDBG application (an original plus two copies) shall be
accompanied by a request for loan guarantee assistance under Section
108. If more than one jurisdiction applies jointly, each entity that
will receive a guarantee and issue guaranteed obligations must submit a
separate request. Each request for Section 108 Loan Guarantee can be
either one or more of the following:
a. A formal application for Section 108 Loan Guarantee(s),
including the documents listed at 24 CFR 570.704(b);
b. A brief description of a Section 108 Loan Guarantee
application(s) to be submitted within 60 days (with HUD reserving the
right to extend such period for good cause on a case-by-case basis) of
a notice of CDBG selection (CDBG
[[Page 65461]]
awards will be conditioned on approval of actual Section 108 loan
commitments). This description must be sufficient to support the basic
eligibility of the proposed project or activities for Section 108
assistance;
c. A request for a Section 108 Loan Guarantee amendment (analogous
to subparagraph a. or b. above) that proposes to increase the amount of
a previously approved application.
d. Applicants should note that an application for a Section 108
Loan Guarantee commitment requires that the applicant certify that it
has made efforts to obtain financing without the use of the Section 108
Loan Guarantee and that it cannot complete such financing consistent
with the timely execution of the program plans without the Section 108
Loan Guarantee.
2. In addition, an application for CDBG grant funds shall include
the following:
a. A completed Standard Form 424, Application for Federal
Assistance.
b. A signed copy of certifications required under the CDBG program,
including, but not limited to the Drug-Free Workplace Certification,
and the Certification Regarding Lobbying pursuant to section 319 of the
Department of Interior Appropriations Act for Fiscal Year 1990 (31
U.S.C. 1352), generally prohibiting use of appropriated funds, and, if
applicable, Disclosure of Lobbying Activities (SF-LLL). The applicant
may use the lobbying certification published with this NOFA.
c. Form HUD-2880, Applicant/Recipient Disclosure/Update Report, as
required under 24 CFR 4.9 through 4.13. The applicant may use the form
published with this NOFA.
d. Abbreviated consolidated plan, if applicable;
e. A narrative statement, in accordance with section I.A.3.a. of
this NOFA, consisting of the following:
(1) A description of the eligible activities that will be carried
out with the CDBG grant funds and Section 108 Loan Guarantee funds and
how these activities will meet the national objective of principally
benefitting low and moderate income persons by creating jobs, 51% of
which will be made available to or held by low and moderate income
persons. The narrative statement should explain how the use of CDBG
grant funds together with Section 108 Loan Guarantee funds will meet
the selection criteria in section II.C. of this NOFA, below;
(2) A description of the multiyear plan for CDBG funds, the use of
which will be limited to paying projected amounts due on Section 108
guaranteed loan debt obligations (principal and interest) over the
projected term of the loan that is guaranteed by the Section 108 Loan
Guarantee. Each applicant's multiyear plan must discuss the total
amount of the Section 108 Loan Guarantee commitments that will be
requested, the term of the Section 108 guaranteed loans, a repayment
schedule for the Section 108 guaranteed loans that clearly identifies
the amount and source of the projected funds, including the CDBG funds
proposed to be used to repay the Section 108 guaranteed loans over the
course of the multiyear plan. The multiyear period may not exceed 20
years. The description must list, for each year of the multiyear
period, the projected amount of CDBG funds that will be needed each
year to meet the Section 108 debt obligation. The amount of CDBG funds
requested for each year need not be the same amount; however, the
amount requested for each year should relate to the anticipated amounts
appropriate to meet the CDBG portion of the payment on the Section 108
guaranteed loans, consistent with the maximum grant amounts specified
in section I.B.2. of this NOFA; and
(3) The description of the activities to be carried out with the
CDBG grant and Section 108 Loan Guarantee funds should also describe
how they will create visible change and are part of a larger
comprehensive revitalization effort, and how they meet the selection
criteria, including performance measures and benchmarks for these
activities; identify and describe the project service area; and, as an
aid to reviewing the multiyear plan, include a draft business plan with
financial projections for not less than a 5-year period.
In addition to the above, HUD encourages applicants to submit maps
and related information generated by the community's consolidated plan
computer software with their applications, and depictions of proposed
projects.
d. The narrative statement and the response to all of the selection
criteria in section II.D. of this NOFA, below, should preferably not
exceed thirty (30) 8.5'' by 11'' typewritten pages.
C. Selection Criteria
All applications will be considered for selection based on the
following criteria. As described in section II.B.2.d. of this NOFA,
above, each applicant's response to the narrative statement and all of
the selection criteria should preferably not exceed thirty (30) 8.5''
by 11'' typewritten pages. Each application will receive only one
score.
A maximum of 184 points is possible under this NOFA, with the
maximum points for each factor being:
Need-absolute number of persons in poverty...................... 22
Need-percent of persons in poverty.............................. 22
Program Impact.................................................. 125
Outstanding performance-FHEO.................................... 15
Total......................................................... 184
Each of the four factors is outlined below. All points for each
factor are rounded to the nearest whole number.
1. Need-Absolute Number of Persons in Poverty (Up to 22 Points)
HUD uses 1990 census data to determine the absolute number of
persons in poverty residing within the applicant unit of general local
government. Applicants which are county governments are rated
separately from all other applicants. Applicants in each group are
compared in terms of the number of persons whose incomes are below the
poverty level. Individual scores are obtained by dividing each
applicant's absolute number of persons in poverty by the greatest
number of persons in poverty of any applicant, and multiplying by 22.
2. Need-Percent of Persons in Poverty (Up to 22 Points)
HUD uses 1990 census data to determine the percent of persons in
poverty residing within the applicant unit of general local government.
Applicants in each group are compared in terms of the percentage of
their population below the poverty level. Individual scores are
obtained by dividing each applicant's percentage of persons in poverty
by the highest percentage of persons in poverty of any applicant, and
multiplying by 22.
3. Program Impact (Up to 125 Points)
Within this selection factor, points will be awarded as follows:
a. Quality of the Plan (up to 65 points).
In reviewing the applicant's response to this criterion, HUD will
consider the following:
(1) Economic and commercial revitalization. The extent to which the
proposed canal-related economic development project will contribute to
the physical and economic revitalization of a waterfront district, and
the impact of the project in strengthening the economic health of the
entire community.
(2) Regional impact. The extent to which the proposed canal-related
economic development project relates to other waterfront development
projects in the region to create a regional synergy which contributes
to regional economic
[[Page 65462]]
growth, including job creation, increased business activity and
tourism.
(3) Job creation. The extent to which the proposed canal-related
economic development project assisted by the requested CDBG grant,
Section 108 Loan Guarantees, and the multiyear CDBG program will create
jobs, principally for low- and moderate-income persons.
(4) Innovation and creativity. The extent to which the applicant
incorporated innovation and/or creativity in the design and proposed
implementation of the activities to be carried out with Section 108/
CDBG funds.
(5) Feasibility of the economic development proposal. HUD will
consider the feasibility and quality of the applicant's canal-related
economic development proposal for the use of CDBG funds and Section 108
guaranteed loans to address the applicant's economic and community
development needs, and the extent to which the canal-related economic
development proposal is logically, feasibly, and substantially likely
to achieve its stated purpose. In evaluating feasibility, HUD will also
consider the extent to which the proposal includes public/private
partnerships, i.e. the involvement of groups such as nonprofit
organizations, developers, financial institutions, and others integral
to the implementation of the project.
(6) Impact of the project in utilizing the canal or related
waterways to economically and physically revitalize the area.
b. Extent of Need for CDBG Assistance to Financially Support the
Section 108 Loans and the Project (up to 20 points).
HUD will use the following information to evaluate this criterion.
In utilizing this information, HUD will consider the extent to which
the applicant's response demonstrates the financial need for the CDBG
grant to support financially the loans guaranteed by the Section 108
Loan Guarantee commitments. Note that if the applicant proposes a
generic loan fund to assist a certain category of project or business,
the applicant should demonstrate the impact of the use of the CDBG
funds to assist the project and the relationship of those funds to the
use of Section 108 loans. Relevant information may include:
(1) Project costs and financial requirements;
(2) The amount of any debt service or operating reserve accounts to
be established in connection with the economic development project;
(3) The reasonableness of the costs of any credit enhancement paid
with CDBG grant funds;
(4) The amount of program income (if any) to be received each year
during the repayment period for the guaranteed loans;
(5) Interest rates on those loans to third parties (other than
subrecipients) (either as an absolute rate or as a plus/minus spread to
the Section 108 rate);
(6) Underwriting guidelines used (or expected to be used) in
determining project feasibility;
(7) The amount of anticipated ``cash flow'' the project is
projected to generate that will be available to make debt service
payments on the Section 108 guaranteed loans; and
(8) Other relevant information.
c. The Extent to Which the Proposal, Compared to Other Canal-
Related Economic Development Proposals Submitted Pursuant to this NOFA,
Leverages Other Non-Federal Public and Private Resources, in Addition
to Loan Funds Guaranteed Under the Section 108 Loan Guarantee Program
(up to 20 points).
Leveraged funds include State and local public funding and private
financing.
d. The Capacity or Potential Capacity of the CDBG applicant and the
Section 108 Public Entities to Carry Out the Plan Successfully (up to
20 points).
This may include factors such as the applicant's performance in the
administration of its CDBG, HOME, or other programs; its previous
experience, if any, in administering a Section 108 Loan Guarantee or
CDBG grant; its performance and capacity in carrying out economic
development projects; its ability to conduct prudent underwriting; its
capacity to manage and service loans made with the guaranteed loan
funds or CDBG grant funds; and its capacity to carry out its projects
and programs in a timely manner. The applicant should also describe any
recent experience it has had in carrying out programs similar to the
one proposed in the application.
The capacity of subrecipients, nonprofit organizations, and other
entities that have a role in implementing the proposed program will be
included in this review. HUD may rely on information from performance
reports, financial status information, monitoring reports, audit
reports and other information available to HUD in making its
determination under this criterion.
4. Fair Housing and Equal Opportunity Evaluation (Up to 15 Points)
Documentation for the 15 points for these items is the
responsibility of the applicant. Claims of outstanding performance must
be based upon actual accomplishments. Clear, precise documentation will
be required. Maps must have a census tract (CT) or block numbering area
(BNA), and they must be in accordance with the 1990 Census data.
Additionally, maps must identify the locations of areas with minorities
by census tract or BNA. If there are no minority areas, applicants must
state so on the map. Only population data from the 1990 Census will be
acceptable for purposes of this section.
Please note that a ``minority'' is a person belonging to, or
culturally identified as, a member of any one of the following racial/
ethnic categories: Black, Hispanic, Asian or Pacific Islander, and
American Indian or Alaskan Native. For the purposes of this section,
the term ``minority'' does not include women as a separate category.
Counties claiming points under this criterion must use county-wide
statistics (excluding entitlement communities). In the case of joint
applications, points will be awarded based on the performance of the
lead entity only.
The following will be used to judge outstanding performance in
these areas. Please note that points for outstanding performance may be
claimed under each criterion:
a. Housing Achievements (up to 12 points total).
(1) Provision of Assisted Housing (up to 6 points).
Providing assisted housing for low-and moderate-income families,
located in a manner which provides housing choice in areas outside of
minority or low- and moderate-income concentrations.
Points will be awarded if both of the following criteria are met:
(a) More than one-third of the housing assistance provided by the
applicant in the last five (5) years (excluding Section 8 existing and
housing assistance provided in place) has been in census tracts (CT) or
block numbering areas (BNA) having a percentage of minority population
which is less than the minority population in the community as a whole;
and
(b) With regard to the Section 8 Existing Housing program, a
community must show the location (CT or BNA) of its currently occupied
family units by race/ethnicity. Points will be awarded if more than
one-half of the minority assisted families occupy units in areas which
have a lower percentage of minority population than that of the
community as a whole.
A community with no minorities must show the extent to which its
assisted housing is located outside areas of concentrations of low- and
moderate-income persons. In order to receive points under this
criteria, applicants should follow the process outlined in (a)
[[Page 65463]]
and (b) above, substituting low- and moderate-income persons and
families for minority persons or families. Applicants addressing the
first criterion must use a map indicating the location of all assisted
housing and a narrative indicating the number of units and the type of
assisted housing. The map also must show the general location of low-
and moderate-income households and minority households, giving the
numbers and percentages for both.
To qualify as housing assistance provided, the units being claimed
must be part of a project located outside minority or lower income
concentrated areas which has, at a minimum, received a firm commitment
from the funding agency.
(c) Points also may be awarded for efforts which enable low- and
moderate-income persons to remain in their neighborhood when such
neighborhoods are experiencing revitalization and substantial
displacement as a result of private reinvestment. Applicants requesting
points under this criterion would not need to meet the requirements of
(a) and (b) in order to receive points. Points will be awarded if more
than one-half of the families displaced were able to remain in their
original neighborhood through the assistance of the applicant.
Applicants must show that:
--The neighborhood experienced revitalization;
--The amount of displacement was substantial;
--Displacement was caused by private reinvestment;
--Low- and moderate-income persons were permitted to remain in the
neighborhood as a result of action taken by the applicant.
If the community is inhabited predominantly by persons who are
members of minority and/or low-income groups, points will be awarded if
there is a balanced distribution of assisted housing throughout the
community.
(2) Implementation of a Fair Housing Action Plan (up to 6 points).
The applicant must describe how it has implemented a Fair Housing
Action Plan of its own or participated in a regional or countywide Fair
Housing Action Plan. For the purposes of this NOFA, a Fair Housing
Action Plan is a document that delineates specific actions to address
fair housing problems in the area covered by the applicant. The plan
should list Fair Housing actions, set priorities and time period for
completion and include measures against which performance shall be
evaluated, identify resources from local, State, and private agencies
and organizations that have agreed to finance or support fair housing
actions, and define the responsibilities of each group or organization.
If the applicant is implementing a Fair Housing Plan, the application
must include the plan being implemented, the actions taken to implement
the plan, and the actions taken to address the fair housing problems.
The applicant should provide written documentation of commitments from
all involved parties.
b. Equal Opportunity Employment (up to 3 points).
Under this factor, the applicant must document that its percentage
of minority permanent full-time employees is greater than the
percentage of minorities within the county or the community, whichever
is higher. Applicants with no full-time employees may claim points
based on part-time employment provided that they document that the only
permanent employment is on a part-time basis.
c. Entrepreneurial Efforts and Local Equal Employment. HUD
encourages the use of minority contracting, although it will not be
used as an evaluation factor in this NOFA.
D. Selection Process
All applications will be ranked in order of points assigned, with
the applications receiving more points ranking above those receiving
fewer points. Applications will be funded in rank order.
As discussed in section I.C.5. of this NOFA, above, HUD reserves
the right to determine a minimum and a maximum amount of any CDBG award
or Section 108 commitment per applicant, application, or project, the
amount or number of years for which multiyear CDBG funding is proposed,
and to modify requests accordingly. In addition, if HUD determines that
an application rated, ranked, and fundable could be funded at a lesser
CDBG grant amount than requested, consistent with feasibility of the
funded project or activities and the purposes of the Act, HUD reserves
the right to reduce the amount of the CDBG award and/or increase or
decrease the Section 108 Loan Guarantee commitments, if necessary, in
accordance with such determination.
HUD may decide not to award the full amount of CDBG grant funds
available under this NOFA, and may make any remaining amounts available
under a future NOFA.
To review and rate applications, HUD will establish a panel
consisting predominantly of HUD employees assigned to the New York
Field Offices. HUD may also include other HUD staff and persons not
currently employed by HUD to obtain certain expertise and outside
points of view, including views from other Federal agencies.
E. Timing of Grant Awards
To the extent full Section 108 applications are submitted
concurrently with the CDBG grant application, HUD's approval of the
related Section 108 Loan Guarantee commitments will in most cases be
granted contemporaneously with CDBG grant approval. However, the CDBG
grant may be awarded prior to HUD approval of the Section 108
commitments if HUD determines that such award will further the purposes
of the Act. CDBG funds shall not be disbursed to the public entity
before the issuance of the related Section 108 guaranteed obligations.
F. Program Administration
In order to be consistent with the local nature of the program,
funds awarded under this NOFA will be administered by the New York
State CPD Office.
G. Funding Award Process
In accordance with section 102 of the HUD Reform Act and HUD's
regulation at 24 CFR part 4, HUD will notify the public, by notice
published in the Federal Register, of all award decisions made by HUD
under this competition. In accordance with the requirements of section
102 of the Reform Act and HUD's regulations at 24 CFR part 4, HUD also
will ensure that documentation and other information regarding each
application submitted under this Notice of Funding Availability is
sufficient to indicate the basis upon which assistance was provided or
denied. Additionally, in accordance with the Reform Act and the
regulations, HUD will make this material available for public
inspection for a period of five years, beginning not less than 30
calendar days after the date on which assistance is provided.
III. Technical Assistance
Prior to the application deadline, the New York Offices will
provide technical assistance on request to individual applicants,
including explaining and responding to questions regarding program
regulations and the NOFA. In addition, HUD will conduct informational
meetings around the State to discuss the Small Cities program, and will
conduct application workshops in conjunction with these meetings. HUD
employees are prohibited in these sessions, however, from advising
applicants how to make substantive improvements to their applicants and
[[Page 65464]]
from disclosing other covered selection information described at 24 CFR
4.26. Please contact the Buffalo or New York Offices for further
information regarding these meetings. In order to ensure that the
application deadline is met, it is strongly suggested that applicants
begin preparing their applications immediately and not wait for the
informational meetings.
IV. Corrections to Deficient Applications
Under no circumstances will HUD accept from the applicant
unsolicited information regarding the application after the application
deadline has passed.
HUD may advise applicants of technical deficiencies in applications
and permit them to be corrected. A technical deficiency would be an
error or oversight which, if corrected, would not alter, in either a
positive or negative fashion, the review and rating of the application.
Examples of curable technical deficiencies would be a failure to submit
the proper certifications or failure to submit an application
containing an original signature by an authorized official. Situations
not considered curable would be, for example, a failure to submit
program impact descriptions.
HUD will notify applicants in writing of any curable technical
deficiencies in applications. Applicants will have 14 calendar days
from the date of HUD's correspondence to reply and correct the
deficiency. If the deficiency is not corrected within this time period,
HUD will reject the application as incomplete.
Applicants should note that if an abbreviated consolidated plan is
not submitted, the failure to submit it in a timely manner is not
considered a curable deficiency.
V. Findings and Certifications
Paperwork Reduction Act Statement
The information collection requirements related to this CDBG
program have been approved by the Office of Management and Budget (OMB)
in accordance with the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-
3520), and have been assigned OMB approval number 2506-0020. An agency
may not conduct or sponsor, and a person is not required to respond to
a collection of information unless the collection displays a valid
control number.
Environmental Impact
In accordance with 24 CFR 50.19(c)(5) of HUD's regulations (as
issued in a final rule on September 27, 1996 (61 FR 50914), this NOFA
provides funding under, and does not alter environmental requirements
of, a regulation previously published in the Federal Register.
Therefore, this NOFA is categorically excluded from the requirements of
the National Environmental Policy Act. The environmental review
provisions of this regulation are in 24 CFR 570.604.
Federalism
The General Counsel, as the Designated Official under section 6(a)
of Executive Order 12612, Federalism, has determined that this NOFA
will not have substantial, direct effects on States, on their political
subdivisions, or on their relationship with the Federal Government, or
on the distribution of power and responsibilities between them and
other levels of government. While the NOFA will provide financial
assistance through the Small Cities program to New York State, none of
its provisions will have an effect on the relationship between the
Federal Government and New York State, or the State's political
subdivisions.
Family
The General Counsel, as the Designated Official for Executive Order
12606, The Family, has determined that the policies announced in this
NOFA would not have the potential for significant impact on family
formation, maintenance, and general well-being within the meaning of
the Order. No significant change in existing HUD policies and programs
will result from issuance of this NOFA, as those policies and programs
relate to family concerns.
Section 102 of the HUD Reform Act
Section 102 of the Department of Housing and Urban Development
Reform Act of 1989 (HUD Reform Act) and the final rule codified at 24
CFR part 4, subpart A, published on April 1, 1996 (61 FR 1448), contain
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, a notice that also provides 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 requirements. 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 Federal Register
notice of all recipients of HUD assistance awarded on a competitive
basis.
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.
Section 103 of the HUD Reform Act
Section 103 of the Department of Housing and Urban Development
Reform Act of 1989, and HUD's implementing regulation codified at
subpart B of 24 CFR part 4, applies to the funding competition
announced today. These requirements continue to apply until the
announcement of the selection of successful applicants. HUD employees,
including those conducting technical assistance sessions or workshops
and those involved in the review of applications and in the making of
funding decisions, are limited by section 103 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 section 103 and subpart B of 24 CFR part 4.
Applicants who have ethics related questions should contact the HUD
Ethics Law Division at (202) 708-3815. (This is not a toll-free
number.)
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) and the implementing regulations at
24 CFR part 87. These authorities prohibit recipients of Federal
contracts,
[[Page 65465]]
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.
Dated: November 20, 1998.
Joseph A. D'Agosta,
Acting General Deputy, Assistant Secretary for Community Planning and
Development.
Certification Required By Title I of the Housing and Community
Development Act of 1974, as Amended, With Respect to the Community
Development Block Grant Program
In accordance with the Housing and Community Development Act of
1974, as amended, the Applicant certifies that:
(a) It possesses legal authority to make a grant submission and to
execute a community development and housing program;
(b) Its governing body has duly adopted or passed as an official
act a resolution, motion or similar action authorizing the person
identified as the official representative of the applicant to submit
the subject application and all understandings and assurances contained
therein, and directing and authorizing the person identified as the
official representative of the applicant to act in connection with the
submission of the application and to provide such additional
information as may be required;
(c) Prior to submission of its application to HUD, the applicant
has met the citizen participation requirements of 24 CFR 570.431;
(d) It is following a detailed citizen participation plan which:
(1) Provides for and encourages citizen participation, with
particular emphasis on participation by persons of low and moderate
income who are residents of slum and blighted areas in which funds are
proposed to be used, and provides for participation of residents in low
and moderate income neighborhoods as defined by the local jurisdiction;
(2) Provides citizens with reasonable and timely access to local
meetings, information, and records relating to the applicant's proposed
use of funds, as required by the regulations of the Secretary, and
relating to the actual use of funds under the Act;
(3) Provides for technical assistance to groups representative of
persons of low and moderate income that request such assistance in
developing proposals with the level and type of assistance to be
determined by the applicant;
(4) Provides for public hearings to obtain citizen views and to
respond to proposals and questions at all stages of the community
development program, including at least the development of needs, the
review of proposed activities, and review of program performance, which
hearings shall be held after adequate notice, at times and locations
convenient to potential or actual beneficiaries, and with accommodation
for the handicapped;
(5) Provides for a timely written answer to written complaints and
grievances, within 15 working days where practicable; and
(6) Identifies how the needs of non-English speaking residents will
be met in the case of public hearings where a significant number of
non-English speaking residents can be reasonably expected to
participate;
(e) The grant will be conducted and administered in compliance
with:
(1) Title VI of the Civil Rights Act of 1964 (Public Law 88-352, 42
U.S.C. 2000d et seq.); and
(2) The Fair Housing Act (42 U.S.C. 3601-20);
(f) It will affirmatively further fair housing;
(g) It has developed its application so as to give maximum feasible
priority to activities which benefit low and moderate income families
or aid in the prevention or elimination of slums or blight; the
application may also include activities which the applicant certifies
are designed to meet other community development needs having a
particular urgency because existing conditions pose a serious and
immediate threat to the health or welfare of the community, and where
other financial resources are not available to meet such needs; except
that the grant shall principally benefit persons of low and moderate
income in a manner that ensures that not less than 70 percent of such
funds are used for activities that benefit such persons;
(h) It has developed a community development plan for the grant
period which identifies community development and housing needs and
specifies both short and long term community development objectives
that have been developed in accordance with the primary objective and
requirements of the Act;
(i) Any proposed housing activities are consistent with its
abbreviated consolidated plan submitted or being submitted to HUD for
approval pursuant to 24 CFR 570.420(d) and 24 CFR 91.235.
(j) It will not attempt to recover any capital costs of public
improvements assisted in whole or in part with funds provided under
section 106 of the Act or with amounts resulting from a guarantee under
section 108 of the Act by assessing any amount against properties owned
and occupied by persons of low and moderate income, including any fee
charged or assessment made as a condition of obtaining access to such
public improvements, unless:
(1) Funds received under section 106 of the Act are used to pay the
proportion of such fee or assessment that relates to the capital costs
of such public improvements that are financed from revenue sources
other than under Title I of the Act; or
(2) For purposes of assessing any amount against properties owned
and occupied by persons of moderate income, the applicant certifies to
the Secretary that it lacks sufficient funds received under section 106
of the Act to comply with the requirements of subparagraph (1) above;
(k) Its notification, inspection, testing and abatement procedures
concerning lead-based paint will comply with 24 CFR 570.608;
(l) It will comply with the acquisition and relocation requirements
of the Uniform Relocation Assistance and Real Property Acquisition
Policies Act of 1970, as amended, as required under 24 CFR 570.606(b)
and Federal implementing regulations; and the requirements in 24 CFR
570.606(c) governing the residential anti-displacement and relocation
assistance plan under section 104(d) of the Act (including a
certification that the applicant is following such a plan); and the
relocation requirements of 24 CFR 570.606(d) governing optional
relocation assistance under section 105(a)(11) of the Act;
(m) It has adopted and is enforcing:
(1) A policy prohibiting the use of excessive force by law
enforcement agencies within its jurisdiction against any individuals
engaged in nonviolent civil rights demonstrations; and
2. A policy of enforcing applicable State and local laws against
physically barring entrance to or exit from a facility or location
which is the subject of such nonviolent civil rights demonstrations
within its jurisdiction;
(n) To the best of its knowledge and belief:
(1) No Federal appropriated funds have been paid or will be paid,
by or on behalf of it, to any person for
[[Page 65466]]
influencing or attempting to influence an officer or employee of any
agency, a Member of Congress, an officer or employee of Congress, or an
employee of a Member of Congress in connection with the awarding of any
Federal contract, the making of any Federal grant, the making of any
Federal loan, the entering into of any cooperative agreement, and the
extension, continuation, renewal, amendment, or modification of any
Federal contract, grant, loan, or cooperative agreement;
(2) If any funds other than Federal appropriated funds have been
paid or will be paid to any person for influencing or attempting to
influence an officer or employee of any agency, a Member of Congress,
an officer or employee of Congress, or an employee of a Member of
Congress in connection with this Federal contract, grant, loan, or
cooperative agreement, it will complete and submit Standard Form-LLL,
``Disclosure Form to Report Lobbying,'' in accordance with its
instructions; and
(3) It will require that the language of paragraph (n) of this
certification be included in the award documents for all subawards at
all tiers (including subcontracts, subgrants, and contracts under
grants, loans, and cooperative agreements) and that all subrecipients
shall certify and disclose accordingly;
(o) It will or will continue to provide a drug-free workplace by:
(1) Publishing a statement notifying employees that the unlawful
manufacture, distribution, dispensing, possession, or use of a
controlled substance is prohibited in the applicant's workplace and
specifying the actions that will be taken against employees for
violation of such prohibition;
(2) Establishing an ongoing drug-free awareness program to inform
employees about--
(a) The dangers of drug abuse in the workplace;
(b) The applicant's policy of maintaining a drug-free workplace;
(c) Any available drug counseling, rehabilitation, and employee
assistance programs; and
(d) The penalties that may be imposed upon employees for drug abuse
violations occurring in the workplace;
(3) Making it a requirement that each employee to be engaged in the
performance of the grant be given a copy of the statement required by
paragraph (1);
(4) Notifying the employee in the statement required by paragraph
(1) that, as a condition of employment under the grant, the employee
will--
(a) Abide by the terms of the statement; and
(b) Notify the employer in writing of his or her conviction for a
violation of a criminal drug statute occurring in the workplace no
later than five calendar days after such conviction;
(5) Notifying the agency in writing, within ten calendar days after
receiving notice under subparagraph (4)(b) from an employee or
otherwise receiving actual notice of such conviction. Employers of
convicted employees must provide notice, including position title, to
every grant officer or other designee on whose grant activity the
convicted employee was working, unless the Federal agency has
designated a central point for the receipt of such notices. Notice
shall include the identification number(s) of each affected grant;
(6) Taking one of the following actions, within 30 calendar days of
receiving notice under subparagraph (4)(b), with respect to any
employee who is so convicted--
(a) Taking appropriate personnel action against such an employee,
up to and including termination, consistent with the requirements of
the Rehabilitation Act of 1973, as amended; or
(b) Requiring such employee to participate satisfactorily in a drug
abuse assistance or rehabilitation program approved for such purposes
by a Federal, State, or local health, law enforcement, or other
appropriate agency;
(7) Making a good faith effort to continue to maintain a drug-free
workplace through implementation of paragraphs (1), (2), (3), (4), (5)
and (6).
(8) The applicant may insert in the space provided below the
site(s) for the performance of work done in connection with the
specific grant:
Place of Performance (Street address, city, county, state, zip
code)
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Check XX if there are workplaces on file that are not identified
here; and
(p) It will comply with the other provisions of the Act and with
other applicable laws.
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Signature
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Title
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Date
Appendix to CDBG Certifications
Instructions Concerning Lobbying and Drug-Free Workplace
Requirements
A. Lobbying Certification
This certification is a material representation of fact upon
which reliance was placed when this transaction was made or entered
into. Submission of this certification is a prerequisite for making
or entering into this transaction imposed by section 1352, title 31,
U.S. Code. Any person who fails to file the required certification
shall be subject to a civil penalty of not less than $10,000 and not
more than $100,000 for each such failure.
B. Drug-Free Workplace Certification
1. By signing and/or submitting this application or grant
agreement, the applicant is providing the certification set out in
paragraph (o).
2. The certification set out in paragraph (o) is a material
representation of fact upon which reliance is placed when the agency
awards the grant. If it is later determined that the applicant
knowingly rendered a false certification, or otherwise violates the
requirements of the Drug-Free Workplace Act, HUD, in addition to any
other remedies available to the Federal Government, may take action
authorized under the Drug-Free Workplace Act.
3. For applicants other than individuals, Alternate I applies.
(This is the information to which applicants certify).
4. For applicants who are individuals, Alternate II applies.
(Not applicable to CDBG applicants.)
5. Workplaces under grants, for applicants other than
individuals, need not be identified on the certification. If known,
they may be identified in the grant application. If the applicant
does not identify the workplaces at the time of application, or upon
award, if there is no application, the applicant must keep the
identity of the workplace(s) on file in its office and make the
information available for Federal inspection. Failure to identify
all known workplaces constitutes a violation of the applicant's
drug-free workplace requirements.
6. Workplace identifications must include the actual address of
buildings (or parts of buildings) or other sites where work under
the grant takes place. Categorical descriptions may be used (e.g.,
all vehicles of a mass transit authority or State highway department
while in operation, State employees in each local unemployment
office, performers in concert halls or radio stations).
7. If the workplace identified to the agency changes during the
performance of the grant, the applicant shall inform the agency of
the change(s), if it previously identified the workplaces in
question (see paragraph five).
8. Definitions of terms in the Nonprocurement Suspension and
Debarment common rule and Drug-Free Workplace common rule apply to
this certification. Applicants' attention is called, in particular,
to the following definitions from these rules:
``Controlled substance'' means a controlled substance in
Schedules I through V of the Controlled Substances Act (21 U.S.C.
812) and as further defined by regulation (21 CFR 1308.11 through
1308.15);
[[Page 65467]]
``Conviction'' means a finding of guilt (including a plea of
nolo contendere) or imposition of sentence, or both, by any judicial
body charged with the responsibility to determine violations of the
Federal or State criminal drug statutes;
``Criminal drug statute'' means a Federal or non-Federal
criminal statute involving the manufacture, distribution,
dispensing, use, or possession of any controlled substance;
``Employee'' means the employee of a applicant directly engaged
in the performance of work under a grant, including: (i) All
``direct charge'' employees; (ii) all ``indirect charge'' employees
unless their impact or involvement is insignificant to the
performance of the grant; and (iii) temporary personnel and
consultants who are directly engaged in the performance of work
under the grant and who are not on the applicant's payroll. This
definition does not include workers not on the payroll of the
applicant (e.g., volunteers, even if used to meet a matching
requirement; consultants or independent contractors not on the
applicant's payroll; or employees of subrecipients or subcontractors
in covered workplaces).
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[FR Doc. 98-31515 Filed 11-20-98; 1:30 pm]
BILLING CODE 4210-29-C
