[Federal Register Volume 64, Number 215 (Monday, November 8, 1999)]
[Notices]
[Pages 60824-60826]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-29219]
-----------------------------------------------------------------------
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
Office of the Assistant Secretary for Community Planning and
Development
[Docket No. FR-4521-N-01]
Funding for Fiscal Year 1999: 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 1999.
-----------------------------------------------------------------------
SUMMARY: A recently enacted appropriation provided $15 million in
Fiscal Year 1999 funds for activities authorized in section 4 of the
HUD Demonstration Act of 1993 as in effect immediately before June 12,
1997. The funds are to be used for capacity building for community
development and affordable housing--provided that at least $5,000,000
of the funding is used in rural areas, including tribal areas.
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 $15 million appropriated for this capacity building
initiative between the Enterprise Foundation (Enterprise) and the Local
Initiatives Support Corporation (LISC). 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. Each
organization will use at least $2.5 million of its $7.5 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: Penelope G. McCormack, 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. 4391; persons with hearing or
speech impediments may access this number via TTY by calling the
Federal Information Relay Service at 1-800-877-8339, or they may call:
(202) 708-2565 (except for the ``800'' number, these are not toll-free
numbers.)
SUPPLEMENTARY INFORMATION:
1. Authority
The Department of Veterans Affairs and Housing and Urban
Development and Independent Agencies Appropriations Act (Pub. L. 105-
276, 112 Stat. 2461, October 21, 1998) (VA/HUD FY 1999 Appropriations
Act) makes $15 million available from the community development grants
program for capacity building for community development and affordable
housing as authorized by section 4 of the HUD Demonstration Act of 1993
(Pub. L. 103-120, 107 Stat. 1148,
[[Page 60825]]
October 27, 1993) (42 U.S.C. 9816 note). HUD will provide this
assistance through Enterprise and LISC ``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. In FY
1996, $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.
In FY 1997, $30.2 million was authorized by the FY 1997 Emergency
Supplemental Appropriations Act (Pub. L. 105-18, 111 Stat. 198 and 201,
June 12, 1997). HUD published a notice on January 30, 1998, 63 FR 5220,
which contained requirements for these funds which were made available
to Enterprise, LISC, Habitat for Humanity and Youthbuild USA. On May
29, 1998 at 63 FR 29418, HUD published a revision to the January 30,
1998 notice. Under these notices, Enterprise and LISC were allocated
funding to be used either for new activities or to continue NCDI
activities which received funding under the notice dated March 30, 1994
and grant agreements pursuant to it. Funding used to continue NCDI
activities was governed by the requirements of the Federal Register
funding notice dated March 30, 1994.
In FY 1998, the Department of Veterans Affairs and Housing and
Urban Development and Independent Agencies Appropriations Act (Pub. L.
105-65, 111 Stat. 1344, October 27, 1997) (VA/HUD FY 1998
Appropriations Act) provided $15 million for activities authorized by
section 4. On September 11, 1998, at 63 FR 48984, HUD published a
notice which contained requirements for these funds which were made
available to LISC and Enterprise.
Today's notice contains requirements for the newly appropriated $15
million. These funds may be used for new activities or to continue NCDI
activities that received funding under the notice dated March 30, 1994
and grant agreements pursuant to it. Funding used to continue NCDI
activities is governed by the requirements of the March 30, 1994,
Federal Register funding notice.
3. Allocation and Form of Awards
The VA/HUD FY 1999 Appropriations Act provides $15 million for
activities authorized by section 4. In accordance with congressional
intent, Enterprise and LISC will each be awarded $7.5 million. HUD has
determined that LISC and Enterprise were the appropriate organizations
to be funded prior to the amendments made effective on June 12, 1997.
Therefore, the $15 million made available by the FY 1999 Appropriations
Act is limited to LISC and Enterprise. In addition, each of the two
organizations 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) including the capacity to participate in consolidated planning
including fair housing planning and continuum of care homeless
assistance efforts that help ensure community-wide participation in
assessing area needs, consulting broadly within the community,
cooperatively planning for the use of available resources in a
comprehensive and holistic manner, and assisting in evaluating
performance under these community efforts and in linking plans with
neighboring communities in order to foster regional planning;
(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 and
LISC in consultation with the Secretary or his designee.
5. Matching Requirements
As required by section 4 of the 1993 Act, this $15 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
their proportionate share of matching resources, including resources
committed directly or by a third party to a grantee or subgrantee after
October 27, 1997 to conduct activities.
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), OMB Circular A-122 (Cost Principles for
Nonprofit Organizations), and OMB Circular A-133 (Audits of States,
Local Governments, and Non-Profit Organizations).
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 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, 2000. Performance reports shall include reports on
both performance and financial progress under work plans and shall
include 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
[[Page 60826]]
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 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 and all subgrantees shall 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: Sec. 4 of the HUD Demonstration Act of 1993, (Pub. L.
103-120, 42 U.S.C. 9816 note), as amended and Pub. L. 105-276, 112
Stat. 2461.
Dated: October 4, 1999.
Cardell Cooper,
Assistant Secretary for Community Planning and Development.
[FR Doc. 99-29219 Filed 11-5-99; 8:45 am]
BILLING CODE 4210-29-P
