99-32959. Notice of Funding Availability (NOFA) for the section 515 Rural Rental Housing Program for Fiscal Year 2000  

  • [Federal Register Volume 64, Number 244 (Tuesday, December 21, 1999)]
    [Notices]
    [Pages 71604-71607]
    From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
    [FR Doc No: 99-32959]
    
    
    -----------------------------------------------------------------------
    
    DEPARTMENT OF AGRICULTURE
    
    Rural Housing Service
    
    
    Notice of Funding Availability (NOFA) for the section 515 Rural 
    Rental Housing Program for Fiscal Year 2000
    
    AGENCY: Rural Housing Service (RHS), USDA.
    
    ACTION: Notice.
    
    -----------------------------------------------------------------------
    
    SUMMARY: This NOFA announces the timeframe to submit applications for 
    section 515 Rural Rental Housing (RRH) loan funds and section 521 
    Rental Assistance (RA) for new construction, including applications for 
    the nonprofit set-aside for eligible nonprofit entities, the set-aside 
    for the most Underserved Counties and Colonias (Cranston-Gonzalez 
    National Affordable Housing Act), and the set-aside for Empowerment 
    Zones and Enterprise Communities (EZ/ECs) and Rural Economic Area 
    Partnership (REAP) communities. This document describes the methodology 
    that will be used to distribute funds, the application process, 
    submission requirements, and areas of special emphasis or 
    consideration.
    
    DATES: The closing deadline for receipt of all applications, including 
    those for the set-asides, in response to this NOFA is 5:00 p.m., local 
    time for each Rural Development State office on February 22, 2000. The 
    application closing deadline is firm as to date and hour. RHS will not 
    consider any application that is received after the closing deadline. 
    Applicants intending to mail applications must provide sufficient time 
    to permit delivery on or before the closing deadline date and time. 
    Acceptance by a post office or private mailer does not constitute 
    delivery. Facsimile (FAX) and postage due applications will not be 
    accepted.
    
    ADDRESSES: Applicants wishing to apply for assistance must contact the 
    Rural Development State office serving the place in which they desire 
    to submit an application for rural rental housing to receive further 
    information and copies of the application package. Rural Development 
    will date and time stamp incoming applications to evidence timely 
    receipt, and, upon request, will provide the applicant with a written 
    acknowledgment of receipt. A listing of Rural Development State 
    offices, their addresses, telephone numbers, and person to contact 
    follows:
    
        Note: Telephone numbers listed are not toll-free.
    
    Alabama State Office, Suite 601, Sterling Centre, 4121 Carmichael 
    Road, Montgomery, AL 36106-3683, (334) 279-3455, TDD (334) 279-3495, 
    James B. Harris
    
    Alaska State Office, 800 West Evergreen, Suite 201, Palmer, AK 
    99645, (907) 745-2176, TDD (907) 745-6494, Ron Abbott
    
    Arizona State Office, Phoenix Corporate Center, 3003 N. Central 
    Ave., Suite 900, Phoenix, AZ 85012-2906, (602) 280-8765, TDD (602) 
    280-8706, Johnna Vargas
    
    Arkansas State Office, 700 W. Capitol Ave., Rm. 3416, Little Rock, 
    AR 72201-3225, (501) 301-3250, TDD (501) 301-3279, Cathy Jones
    
    California State Office, 430 G Street, Agency 4169, Davis, CA 95616-
    4169, (530) 792-5819, TDD (530) 792-5848, Millie Manzanedo
    
    Colorado State Office, 655 Parfet Street, Room E100, Lakewood, CO 
    80215, (303) 236-2801 (ext. 122), TDD (303) 236-1590, ``Sam'' 
    Mitchell
    
    Connecticut
        Served by Massachusetts State Office
    
    Delaware and Maryland State Office, 5201 South Dupont Highway, PO 
    Box 400, Camden, DE 19934-9998, (302) 697-4353, TDD (302) 697-4303, 
    Pat Baker
    
    
    [[Page 71605]]
    
    
    Florida & Virgin Islands State Office, 4440 N.W. 25th Place, PO Box 
    147010, Gainesville, FL 32614-7010, (352) 338-3465, TDD (352) 338-
    3499, Joseph P. Fritz
    
    Georgia State Office, Stephens Federal Building, 355 E. Hancock 
    Avenue, Athens, GA 30601-2768, (706) 546-2164, TDD (706) 546-2034, 
    Wayne Rogers
    
    Guam
        Served by Hawaii State Office
    
    Hawaii, Guam, & Western Pacific Territories State Office, Room 311, 
    Federal Building, 154 Waianuenue Avenue, Hilo, HI 96720, (808) 933-
    8316, TDD (808) 933-8321, Abraham Kubo
    
    Idaho State Office, Suite A1, 9173 West Barnes Dr., Boise, ID 83709, 
    (208) 378-5630, TDD (208) 378-5644, Roni Atkins
    
    Illinois State Office, Illini Plaza, Suite 103, 1817 South Neil 
    Street, Champaign, IL 61820, (217) 398-5412 (ext. 256), TDD (217) 
    398-5396, Barry L. Ramsey
    
    Indiana State Office, 5975 Lakeside Boulevard, Indianapolis, IN 
    46278, (317) 290-3100 (ext. 423), TDD (317) 290-3343, John Young
    
    Iowa State Office, 873 Federal Building, 210 Walnut Street, Des 
    Moines, IA 50309, (515) 284-4493, TDD (515) 284-4858, Bruce McGuire
    
    Kansas State Office, 1200 SW Executive Drive, PO Box 4653, Topeka, 
    KS 66604, (785) 271-2718, TDD (785) 271-2767, Gary Schumaker
    
    Kentucky State Office, 771 Corporate Drive, Suite 200, Lexington, KY 
    40503, (606) 224-2500, TDD (606) 224-7422, Paul Higgins
    
    Louisiana State Office, 3727 Government Street, Alexandria, LA 
    71302, (318) 473-7962, TDD (318) 473-7655 Yvonne R. Emerson
    
    Maine State Office, 444 Stillwater Ave., Suite 2, PO Box 405, 
    Bangor, ME 04402-0405, (207) 990-9110, TDD (207) 942-7331, Dale D. 
    Holmes
    
    Maryland
        Served by Delaware State Office
    
    Massachusetts, Connecticut, & Rhode Island State Office, 451 West 
    Street, Amherst, MA 01002, (413) 253-4333, TDD (413) 253-7068, 
    Donald Colburn
    
    Michigan State Office, 3001 Coolidge Road, Suite 200, East Lansing, 
    MI 48823, (517) 324-5192, TDD (517) 337-6795, Philip Wolak
    
    Minnesota State Office, 410 AgriBank Building, 375 Jackson Street, 
    St. Paul, MN 55101-1853, (651) 602-7820, TDD (651) 602-3799, Jackie 
    Goodnough
    
    Mississippi State Office, Federal Building, Suite 831, 100 W. 
    Capitol Street, Jackson, MS 39269, (601) 965-4325, TDD (601) 965-
    5850, Danny Ivy
    
    Missouri State Office, 601 Business Loop 70 West, Parkade Center, 
    Suite 235, Columbia, MO 65203, (573) 876-0990, TDD (573) 876-9301, 
    Gary Frisch
    
    Montana State Office, Unit 1, Suite B, 900 Technology Blvd., 
    Bozeman, MT 59715, (406) 585-2515, TDD (406) 585-2562, MaryLou 
    Affleck
    
    Nebraska State Office, Federal Building, room 152, 100 Centennial 
    Mall N, Lincoln, NE 68508, (402) 437-5567, TDD (402) 437-5093, Byron 
    Fischer
    
    Nevada State Office, 1390 South Curry Street, Carson City, NV 89703-
    9910, (775) 887-1222 (ext. 13), TDD (775) 885-0633, William L. 
    Brewer
    
    New Hampshire State Office, Concord Center, Suite 218, Box 317, 10 
    Ferry Street, Concord, NH 03301-5004, (603) 223-6046, TDD (603) 229-
    0536, Jim Fowler
    
    New Jersey State Office, Tarnsfield Plaza, Suite 22, 790 Woodland 
    Road, Mt. Holly, NJ 08060, (609) 265-3631, TDD (609) 265-3687, 
    George Hyatt, Jr.
    
    New Mexico State Office, 6200 Jefferson St., NE, Room 255, 
    Albuquerque, NM 87109, (505) 761-4944, TDD (505) 761-4938, Carmen N. 
    Lopez
    
    New York State Office, The Galleries of Syracuse, 441 S. Salina 
    Street, Suite 357, Syracuse, NY 13202, (315) 477-6419, TDD (315) 
    477-6447, George N. Von Pless
    
    North Carolina State Office, 4405 Bland Road, Suite 260, Raleigh, NC 
    27609, (919) 873-2062, TDD (919) 873-2003, Eileen Nowlin
    
    North Dakota State Office, Federal Building, Room 208, 220 East 
    Rosser, PO Box 1737, Bismarck, ND 58502, (701) 530-2049, TDD (701) 
    530-2113, Kathy Lake
    
    Ohio State Office, Federal Building, Room 507, 200 North High 
    Street, Columbus, OH 43215-2477, (614) 469-5165, TDD (614) 469-5757, 
    Gerald Arnott
    
    Oklahoma State Office, 100 USDA, Suite 108, Stillwater, OK 74074-
    2654, (405) 742-1070, TDD (405) 742-1007, Phil Reimers
    
    Oregon State Office, 101 SW Main, Suite 1410, Portland, OR 97204-
    3222, (503) 414-3325, TDD (503)414-3387, Dan Streng
    
    Pennsylvania State Office, One Credit Union Place, Suite 330, 
    Harrisburg, PA 17110-2996, (717) 237-2281, TDD (717) 237-2261, Gary 
    Rothrock
    
    Puerto Rico State Office, New San Juan Office Bldg., Room 501, 159 
    Carlos E. Chardon Street, Hato Rey, PR 00918-5481, (787) 766-5095 
    (ext. 254), TDD 1-800-274-1572, Lourdes Colon
    
    Rhode Island
        Served by Massachusetts State Office
    
    South Carolina State Office, Strom Thurmond Federal Building, 1835 
    Assembly Street, Room 1007, Columbia, SC 29201, (803) 765-3432, TDD 
    (803) 765-5697, Larry D. Floyd
    
    South Dakota State Office, Federal Building, Room 210, 200 Fourth 
    Street, SW, Huron, SD 57350, (605) 352-1132, TDD (605) 352-1147, 
    Dwight Wullweber
    
    Tennessee State Office, Suite 300, 3322 West End Avenue, Nashvile, 
    TN 37203-1084, (615) 783-1300, TDD (615) 783-1397, G. Benson Lasater
    
    Texas State Office, Federal Building, Suite 102, 101 South Main, 
    Temple, TX 76501, (254) 742-9755, TDD (254) 742-9712, Eugene G. 
    Pavlat
    
    Utah State Office, Wallace F. Bennett Federal Building, 125 S. State 
    Street, Room 4311, Salt Lake City, UT 84147-0350, (801) 524-4324, 
    TDD (801) 524-3309, Robert L. Milianta
    
    Vermont State Office, City Center, 3rd Floor, 89 Main Street, 
    Montpelier, VT 05602, (802) 828-6028, TDD (802) 223-6365, Sandra 
    Mercier
    
    Virgin Islands
        Served by Florida State Office
    
    Virginia State Office, Culpeper Building, Suite 238, 1606 Santa Rosa 
    Road, Richmond, VA 23229, (804) 287-1582, TDD (804) 287-1753, 
    Carlton Jarratt
    
    Washington State Office, Suite B, 1835 Black Lake Boulevard, SW, 
    Olympia, WA 98512-5715, (360) 704-7707, TDD (360) 704-7760, Deborah 
    Davis
    
    Western Pacific Territories
        Served by Hawaii State Office
    
    West Virginia State Office, Federal Building, 75 High Street, Room 
    320, Morgantown, WV 26505-7500, (304) 291-4793, TDD (304) 284-5941, 
    Sue Snodgrass
    
    Wisconsin State Office, 4949 Kirschling Court, Stevens Point, WI 
    54481, (715) 345-7620 (ext. 7145), TDD (715) 345-7614, Sherry Engel
    
    Wyoming State Office, 100 East B, Federal Building, Room 1005, PO 
    Box 820, Casper, WY 82602, (307) 261-6315, TDD (307) 261-6333, 
    Charles Huff
    
    FOR FURTHER INFORMATION CONTACT: For general information, applicants 
    may contact Linda Armour, Senior Loan Officer, Multi-Family Housing 
    Processing Division, Rural Housing Service, United States Department of 
    Agriculture, Stop 0781, 1400 Independence Avenue, SW, Washington, DC, 
    20250, telephone (202) 720-1753 (voice) (this is not a toll free 
    number) or (800) 877-8339 (TDD-Federal Information Relay Service).
    
    SUPPLEMENTARY INFORMATION:
    
    Programs Affected
    
        The Rural Rental Housing program is listed in the Catalog of 
    Federal Domestic Assistance under Number 10.415, Rural Rental Housing 
    Loans. Rental Assistance is listed in the Catalog under Number 10.427, 
    Rural Rental Assistance Payments.
    
    Explanation of 60-Day NOFA Application Deadline
    
        The Agency is using a 60-day application period so that the NOFA 
    process will coincide with the time constraints placed upon our 
    customers by participating lenders and state housing finance agencies 
    (SHFA). Participating lenders such as commercial banks leverage their 
    funds with RHS funds. State organizations can provide Community 
    Development Block Grants (CDBG) and HOME funds as another means of 
    leveraging RHS funds, and SHFAs have certain timeframes whereby 
    applicants can apply for tax credits. Therefore, to assist as many of 
    our customers as possible in obtaining leveraged funds and to 
    participate with
    
    [[Page 71606]]
    
    other funding sources, a 60-day application period is provided.
    
    Discussion of Notice
    
    I. Authority and Distribution Methodology
    
    A. Authority
        Section 515 of the Housing Act of 1949 (42 U.S.C. 1485) provides 
    RHS with the authority to make loans to any individual, corporation, 
    association, trust, Indian tribe, public or private nonprofit 
    organization, consumer cooperative, or partnership to provide rental or 
    cooperative housing and related facilities in rural areas for very-low, 
    low, or moderate income persons or families, including elderly persons 
    and persons with disabilities. Rental assistance (RA) is a tenant 
    subsidy for very-low and low-income families residing in rural rental 
    housing facilities with RHS financing and may be requested with 
    applications for such facilities.
    B. Distribution Methodology
        The total amount available for FY 2000 for section 515 is 
    $114,322,076, of which $49,783,694 is available for new construction as 
    follows:
    
    
    Section 515 new construction funds......................    $ 22,500,000
    Set-aside for nonprofits................................    $ 10,288,987
    Set-aside for Underserved Counties and Colonias.........     $ 5,716,104
    Set-aside for EZ, EC, and REAP zones....................       9,778,603
    State Rental Assistance (RA) designated reserve.........     $ 1,500,000
     
    
    C. Section 515 New Construction Funds
        For fiscal year 2000, the Administrator has determined that it 
    would not be practical to allocate funds to States because of funding 
    limitations; therefore, section 515 new construction funds will be 
    distributed to States based on a National competition, as follows:
        1. States will accept, review, score, and rank requests in 
    accordance with 7 CFR part 1944, subpart E. The scoring factors are:
        (a) The presence and extent of leveraged assistance for the units 
    that will serve RHS income-eligible tenants at basic rents comparable 
    to those if RHS provided full financing, computed as a percentage of 
    the RHS total development cost (TDC). RHS TDC excludes non-RHS eligible 
    costs such as a developer's fee. Points will be awarded in accordance 
    with the following table. (0 to 20 points)
    
    ------------------------------------------------------------------------
                       Percentage of leveraging                      Points
    ------------------------------------------------------------------------
    75 or more....................................................        20
    70-74.........................................................        19
    65-69.........................................................        18
    60-64.........................................................        17
    55-59.........................................................        16
    50-54.........................................................        15
    45-49.........................................................        14
    40-44.........................................................        13
    35-39.........................................................        12
    30-34.........................................................        11
    25-29.........................................................        10
    20-24.........................................................         9
    15-19.........................................................         8
    10-14.........................................................         7
    5-9...........................................................         6
    0-4...........................................................         5
    ------------------------------------------------------------------------
    
        (b) The units to be developed are in a colonia, tribal land, EZ, 
    EC, or REAP community, or in a place identified in the State 
    Consolidated Plan or State Needs Assessment as a high need community 
    for multifamily housing. (20 points)
        (c) In states where RHS has an on-going formal working 
    relationship, agreement, or Memorandum of Understanding (MOU) with the 
    State to provide State resources (State funds, State RA, HOME funds, 
    CDBG funds, or Low-Income Housing Tax Credits) for RHS proposals; or 
    where the State provides preference or points to RHS proposals in 
    awarding such State resources, 20 points will be provided to loan 
    requests that include such State resources. (National office 
    initiative)
        (d) The loan request includes donated land meeting the provisions 
    of 7 CFR 1944.215(r)(4). (5 points)
        2. The National office will rank all requests nationwide and 
    distribute funds to States in rank order, within funding and RA limits. 
    If insufficient funds or RA remain for the next ranked proposal, the 
    Agency will select the next ranked proposal that falls within the 
    remaining levels.
    
    D. Applications That Do Not Require New Construction Rental 
    Assistance (RA)
    
        For fiscal year 2000, limited new construction RA is available. 
    Therefore, the Agency is inviting applications to develop units in 
    markets that do not require RA. The market study for non-RA proposals 
    must clearly demonstrate a need and demand for the units by prospective 
    tenants at income levels that can support the proposed rents without 
    tenant subsidies. The proposed units must offer amenities that are 
    typical for the market area at rents that are comparable to 
    conventional rents in the market for similar units.
    E. Set-asides
        Loan requests will be accepted for the following set-asides:
        1. Nonprofit set-aside. An amount of $10,288,987 has been set aside 
    for nonprofit applicants. All loan proposals must be in designated 
    places in accordance with 7 CFR part 1944, subpart E. A State or 
    jurisdiction may receive one proposal from this set-aside, which cannot 
    exceed $1 million. A State could get additional funds from this set-
    aside if any funds remain after funding one proposal from each 
    participating State. If there are insufficient funds to fund one loan 
    request from each participating State, selection will be made by point 
    score. If there are any funds remaining, they will revert to the 
    National office reserve. Funds from this set-aside will be available 
    only to nonprofit entities, which may include a partnership that has as 
    its general partner a nonprofit entity or the nonprofit entity's for-
    profit subsidiary which will be receiving low-income housing tax 
    credits authorized under section 42 of the Internal Revenue Code of 
    1986. To be eligible for this set-aside, the nonprofit entity must be 
    an organization that:
        (a) Will own an interest in the project to be financed and will 
    materially participate in the development and the operations of the 
    project;
        (b) Is a private organization that has nonprofit, tax exempt status 
    under section 501(c)(3) or section 501(c)(4) of the Internal Revenue 
    Code of 1986;
        (c) Has among its purposes the planning, development, or management 
    of low-income housing or community development projects; and
        (d) Is not affiliated with or controlled by a for-profit 
    organization.
        2. Underserved counties and colonias set-aside. An amount of 
    $5,716,104 has been set aside for loan requests to develop units in the 
    100 most needy underserved counties or colonias as defined in section 
    509(f) of the Housing Act of 1949.
        3. EZ, EC, and REAP set-aside. An amount of $9,778,603 has been set 
    aside to develop units in EZ, EC, or REAP communities. Loan requests 
    that are eligible for this set-aside may also be eligible for regular 
    section 515 funds as a high-need community. The state must indicate on 
    the list submitted to the National office if the request is eligible 
    for the EZ, EC, and REAP set-aside and regular section 515 funds. If 
    requests for this set-aside exceed available funds, selection will be 
    made by point score.
    F. Prior Year Applications
        The Rural Housing Service published a final rule in the Federal 
    Register (62 FR 67216) on December 23, 1997 outlining its application 
    and review process for section 515 Rural Rental
    
    [[Page 71607]]
    
    Housing new construction program. The implementation proposal for those 
    regulations provided that some applicants who filed acceptable loan 
    requests in prior years could proceed with their loan requests provided 
    they were in compliance with the newly published regulations, until the 
    beginning of FY 2000. Therefore, effective this fiscal year, prior year 
    applications will no longer be processed. All loan requests must be 
    submitted under this NOFA.
    
    II. Funding Limits
    
        A. Individual loan requests may not exceed $1 million. This applies 
    to regular section 515 funds and set-aside funds. The Administrator may 
    make an exception to this limit in cases where a State's average total 
    development costs exceed the National average by 50 percent or more.
        B. No State may receive more than $2.5 million from regular section 
    515 funds. Reserve funds, including set-aside funds, are not included 
    in this cap.
    
    III. Rental Assistance (RA)
    
        New construction RA will be held in the National office for use 
    with section 515 Rural Rental Housing loans. RA may be requested by 
    applicants, except for non-RA requests in accordance with section I.D. 
    above.
    
    IV. Application Process
    
        All applications for section 515 new construction funds must be 
    filed with the appropriate Rural Development State office and must meet 
    the requirements of 7 CFR part 1944, subpart E and section V of this 
    NOFA. Incomplete applications will not be reviewed and will be returned 
    to the applicant. No application will be accepted after 5:00 p.m., 
    local time, on the application deadline previously mentioned unless 
    that date and time is extended by a Notice published in the Federal 
    Register.
    
    V. Application Submission Requirements
    
        A. Each application shall include all of the information, 
    materials, forms and exhibits required by 7 CFR part 1944, subpart E as 
    well as comply with the provisions of this NOFA. Applicants are 
    encouraged, but not required, to include a checklist and to have their 
    applications indexed and tabbed to facilitate the review process. The 
    Rural Development State office will base its determination of 
    completeness of the application and the eligibility of each applicant 
    on the information provided in the application.
        B. Applicants are advised to contact the Rural Development State 
    office serving the place in which they desire to submit an application 
    for the following:
        1. Application information;
        2. Any restrictions on funding availability (applications that 
    exceed the National limit of $1 million will be returned to the 
    applicant); and
        3. List of designated places for which applications for new section 
    515 facilities may be submitted.
    
    VI. Areas of Special Emphasis or Consideration
    
        A. The selection criteria contained in 7 CFR part 1944, subpart E 
    includes two optional criteria, one set by the National office and one 
    by the State office. This fiscal year, the National office initiative 
    will be used in the selection criteria as follows: In states where RHS 
    has an on-going formal working relationship, agreement, or Memorandum 
    of Understanding (MOU) with the State to provide State resources (State 
    funds, State RA, HOME funds, CDBG funds, or LIHTC) for RHS proposals; 
    or where the State provides preference or points to RHS proposals in 
    awarding these State Resources, 20 points will be provided to loan 
    requests that include such State resources. No State selection criteria 
    will be used this fiscal year.
        B. $10,288,987 is available nationwide in a set-aside for eligible 
    nonprofit organizations as defined in 42 U.S.C. 1485(w).
        C. $5,716,104 is available nationwide in a set-aside for the 100 
    most Underserved Counties and Colonias.
        D. $9,778,603 is available nationwide in a set-aside for EZ, EC, 
    and REAP communities.
        E. $1,500,000 million is available nationwide in a set-aside for 
    States with viable State Rental Assistance (RA) programs. In order to 
    participate, States are to submit specific written information about 
    the State RA program, i.e., a memorandum of understanding, 
    documentation from the provider, etc., to the National office.
    
        Dated: December 10, 1999.
    Eileen M. Fitzgerald,
    Acting Administrator, Rural Housing Service.
    [FR Doc. 99-32959 Filed 12-20-99; 8:45 am]
    BILLING CODE 3410-XV-U