[Federal Register Volume 60, Number 53 (Monday, March 20, 1995)]
[Notices]
[Pages 14765-14773]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: X95-30320]
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DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
Office of the General Counsel
[Docket No. N-95-3347; FR-3064-N-02]
Notice of Submission of Proposed Information Collection to OMB
AGENCY: Office of the General Counsel, HUD.
ACTION: Notice.
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SUMMARY: The proposed information collection requirement described
below has been submitted to the Office of Management and Budget (OMB)
for expedited review, as required by the Paperwork Reduction Act. The
Department is soliciting public comments on the subject proposal.
ADDRESSES: Interested persons are invited to submit comments regarding
this proposal. Comments must be received within five (5) days from the
date of this Notice. Comments should refer to the proposal by name and
should be sent to: Joseph F. Lackey, Jr., OMB Desk Officer, Office of
Management and Budget, New Executive Office Building, Washington, DC
20503.
FOR FURTHER INFORMATION CONTACT:
Kay F. Weaver, Reports Management Officer, Department of Housing and
Urban Development, 451 7th Street, Southwest, Washington, DC 20410,
telephone (202) 708-0050. This is not a toll-free number. Copies of the
proposed forms and other available documents submitted to OMB may be
obtained from Ms. Weaver.
SUPPLEMENTARY INFORMATION: The Department has submitted the proposal
for the collection of information, as described below, to OMB for
review, as required by the Paperwork Reduction Act (44 U.S.C. Chapter
35). The Department is requesting that OMB complete its review within
five working days from the date of this Notice.
This Notice lists the following information: (1) The title of the
information collection proposal; (2) the office of the agency to
collect the information; (3) the description of the need for the
information and its proposed use; (4) the agency form number, if
applicable; (5) what members of the public will be affected by the
proposal; (6) an estimate of the total number of hours needed to
prepare the information submission including number of respondents,
frequency of response, and hours of response; (7) whether the proposal
is new or an extension, reinstatement, or revision of an information
collection requirement; and (8) the names and telephone numbers of an
agency official familiar with the proposal and of the OMB Desk Officer
for the Department.
Authority: Section 3507 of the Paperwork Reduction Act, 44
U.S.C. 3507; Section 7(d) of the Department of Housing and Urban
Development Act, 42 U.S.C. 3535(d).
Dated: March 13, 1995.
Nelson A. Diaz,
General Counsel.
Notice of Submission of Proposed Information Collection to OMB
Proposal: Applicant/Recipient Disclosure/Update Form (HUD-2880)
Reinstatement
Office: Office of the General Counsel
Description of the Need for the Information and Its Proposed Use:
Section 102 of the HUD Reform Act of 1989 requires that persons or
entities applying for or updating an application for certain HUD
assistance disclose information regarding interested parties and other
financial assistance received and the sources and uses of that
assistance. The information is made available for public scrutiny, and
it is used by the Department to determine if subsidy layering is
occurring.
Form Number: HUD-2880
Respondents: Applicants or recipients of certain competitive HUD
assistance.
Reporting burden:
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Number of Frequency Hours per Burden
respondents x of response x response = Hours
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HUD-2880..................................... 13,520 1.25 2.2 37,100
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Total Estimated Burden Hours: 37,100
Status: Expired December 31, 1995.
Contact: Aaron Santa Anna, HUD (202) 708-3815; Joseph F. Lackey, Jr.,
OMB, (202) 395-7316.
Dated: March 13, 1995.
Supporting Statement--1989 HUD Reform Act, Section 102--
Accountability
A. Justification
1. Explain the Circumstances That Make the Collection of Information
Necessary
Section 102 of the HUD Reform Act of 1989 requires the Department
to ensure greater accountability and integrity in the provision of
certain types of assistance administered by the Department. One feature
of the statute requires certain disclosures by applicants seeking
assistance from HUD, and from States and units of local government, of
other assistance to be used with respect to the activities to be
carried out with the assistance. The disclosure includes the financial
interests of persons in the activities, and the sources of funds to be
made available for the activities and the use to which the funds are to
be put.
Each applicant who submits an application for assistance within the
jurisdiction of the Department to HUD, or to a State or to a unit of
general local government, for a specific project or activity must
disclose this information whenever the dollar threshold is met. This
information must be kept updated during the application review process
and while the assistance is being provided.
2. Indicate How, by Whom, and for What Purpose the Information Is To Be
Used and the Consequence to Federal Program or Policy Activities If the
Collection of Information Was not Conducted
This legislation was developed to ensure greater accountability and
integrity in the provision of certain types of assistance administered
by the Department. The Department is required to publish in the Federal
Register the availability of assistance, application requirements and
procedures, the selection criteria to be used, and the resulting
funding decisions. HUD must also provide for public inspection of all
documentation and other information which indicate the basis for either
providing or denying the assistance being requested.
Applicants for assistance are required to disclose information
concerning other [[Page 14766]] governmental assistance they have
obtained or is pending for the same project, as well as information
about the key individuals involved with the proposed project/activity.
This information will assist the Department in having an accurate
assessment of the extent of government funding for a project as well as
information regarding the key personnel involved. The disclosure
requirement would be the only way in which this information could be
obtained.
3. Describe Any Consideration of the Use of Improved Information
Technology to Reduce Burden and Any Technical or Legal Obstacles to
Reducing Burden
It would be difficult to determine the extent to which applicants
for HUD assistance have advanced information technology equipment on
hand. Therefore, it would not be appropriate for the Department to
mandate the use of a particular software. The form which has been
designed to capture the required data however could easily be computer
generated.
4. Describe Efforts to Identify Duplication
This reporting requirement is new to the Department. It is
explicitly mandated by Section 102 of the Housing Reform Act of 1989,
approved December 15, 1989. There is no duplication.
5. Show Specifically Why Any Similar Information Already Available
Cannot Be Used or Modified for the Purpose Described in 2.
The information that is being required for disclosure has not been
previously requested.
6. If the Collection of Information Involves Small Businesses or Other
Small Entities, Describe the Methods Used to Minimize Burden
An applicant for assistance within the jurisdiction of the
Department will not be required to make the disclosures if they will
not receive an aggregate amount of all forms of such assistance in
excess of $200,000 during the fiscal year in which the application is
submitted. Setting the threshold at this level should exclude most
small entities from the reporting requirement.
7. Describe the Consequences to Federal Program or Policy Activities If
the Collection Were Conducted Less Frequently
This requirement is part of the assistance application process. As
such, it is not a periodic report, but instead should be viewed as a
one-time requirement. It is intended to provide information necessary
to the review process.
8. Explain Any Special Circumstances That Require the Collection To Be
Conducted in a Manner Inconsistent With the Guidelines in 5 CFR 1320.6
None.
9. Describe Efforts to Consult With Persons Outside the Agency to
Obtain Their Views on the Availability of Data
The Department published a proposed rule to implement Section 102
on June 19, 1995 (55 FR 25036). Comments on the proposed rule were
received and considered.
10. Describe Any Assurance of Confidentiality Provided to Respondents
and the Basis for the Assurance in Statute, Regulation, or Agency
Policy
None. There is no purpose for confidentiality since the legislation
includes specific requirements for the government to make all
information regarding applications for HUD assistance available for
public inspection.
11. Provide Additional Justification for Any Questions of a Sensitive
Nature
Questions involving financial interest are statutorily mandated.
12. Provide Estimates of Annualized Cost to the Federal Government and
to the Respondents
Federal Government
The cost to the government can be broken down as follows:
No. of reviews of disclosed information
16,900
No. hours to complete a review
.45
Cost for total no. reviews:
(@$30.hr.)
$228,000
Respondent
The cost to respondents to disclose the data HUD is requiring is
estimated at $557,700. This number is for the total number of
applicants meeting the $200,00 threshold and is based on the following
assumptions:
Current hourly wage is estimated at $15 per hour. Each applicant
must disclose three ypes of information: a listing of other government
assistance that is expected to be made available for the project, a
listing of all interested parties including any developers,
contractors, and consultants, and a report of all sources and uses of
funds. The time required to prepare this information is estimated at
2.2 hours per initial submission.
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No. of disclosures
(including Hours Rate Total
updates)
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16,900 2.2 $15 $557,700
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13. Provide estimates of the Burden of Collection of Information
This is a new requirement. The following matrix provides an
estimate of the burden on respondents meeting the threshold
necessitated by the disclosure report.
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Number of
responses Frequency Hours Burden
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Initial Applications....................................... 13,500 1 2.5 33,700
Updates.................................................... 3,400 1 1 3,400
Total Estimated Burden Hours: 37,100
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[[Page 14767]] 14. Explain reasons for changes in burden, including
the need for any increases.
Not Applicable.
15. Collection of information to be used for statistical use.
Not applicable.
BILLING CODE: 4210-01-M
[[Page 14768]]
[GRAPHIC][TIFF OMITTED]TN20MR95.003
[[Page 14769]]
[GRAPHIC][TIFF OMITTED]TN20MR95.004
[[Page 14770]]
[GRAPHIC][TIFF OMITTED]TN20MR95.005
BILLING CODE: 4210-01-C
[[Page 14771]]
Public reporting burden for this collection of information is
estimated to average 2.5 hours per response, including the time for
reviewing instructions, searching existing data sources, gathering
and maintaining the data needed, and completing and reviewing the
collection of information. Send comments regarding this burden
estimate or any other aspect of this collection of information,
including suggestions for reducing this burden, to the Reports
Management Officer, Office of Information Policies and Systems, U.S.
Department of Housing and Urban Development, Washington, D.C. 20410-
3600 and to the Office of Management and Budget, Paperwork Reduction
Project (2535-0101), Washington, D.C. 20503. Do not send this
completed form to either of these addressees.
Privacy Act Statement. Except for Social Security Numbers (SSNs)
and Employer Identification Numbers (EINs), the Department of
Housing and Urban Development (HUD) is authorized to collect all the
information required by this form under section 102 of the
Department of Housing and Urban Development Reform Act of 1989, 42
U.S.C. 3531. Disclosure of SSNs and EINs is optional. The SSN or EIN
is used as a unique identifier. The information you provide will
enable HUD to carry out its responsibilities under Sections 102(b),
(c), and (d) of the Department of Housing and Urban Development
Reform Act of 1989, Pub. L. 101-235, approved December 15, 1989.
These provisions will help ensure greater accountability and
integrity in the provision of certain types of assistance
administered by HUD. They will also help ensure that HUD assistance
for a specific housing project under Section 102(d) is not more than
is necessary to make the project feasible after taking account of
other government assistance. HUD will make available to the public
all applicant disclosure reports for five years in the case of
applications for competitive assistance, and for generally three
years in the case of other applications. Update reports will be made
available along with the disclosure reports, but in no case for a
period generally less than three years. All reports, both initial
reports and update reports, will be made available in accordance
with the Freedom of Information Act (5 U.S.C. Sec. 552) and HUD's
implementing regulations at 24 CFR Part 15. HUD will use the
information in evaluating individual assistance applications and in
performing internal administrative analyses to assist in the
management of specific HUD programs. The information will also be
used in making the determination under Section 102(d) whether HUD
assistance for a specific housing project is more than is necessary
to make the project feasible after taking account of other
government assistance. You must provide all the required
information. Failure to provide any required information may delay
the processing of your application, and may result in sanctions and
penalties, including imposition of the administrative and civil
money penalties specified under 24 CFR Sec. 12.34.
Note: This form only covers assistance made available by the
Department. States and units of general local government that carry
out responsibilities under Sections 102(b) and (c) of the Reform Act
must develop their own procedures for complying with the Act.
Instructions (See Note 1 on last page.)
I. Overview. Subpart C of 24 CFR Part 12 provides for (1)
initial reports from applicants for HUD assistance and (2) update
reports from recipients to HUD assistance. An overview of these
requirements follows.
A. Applicant disclosure (initial) reports: General. All
applicants for assistance from HUD for a specific project or
activity must make a number of disclosures, if the applicant meets a
dollar threshold for the receipt of covered assistance during the
fiscal year in which the application is submitted. The applicant
must also make the disclosures if it requests assistance from HUD
for a specific housing project that involves assistance from other
governmental sources.
Applicants subject to Subpart C must make the following
disclosures:
Assistance from other government sources in connection with the
project,
The financial interests of persons in the project,
The sources of funds to be made available for the project, and
The uses to which the funds are to be put.
B. Update reports: General. All recipients covered assistance
must submit update reports to the Department to reflect substantial
changes to the initial applicant disclosure reports.
C. Applicant disclosure reports: Specific guidance. The
applicant must complete all parts of this disclosure form if either
of the following two circumstances in paragraph 1. or 2., below,
applies:
1.a. Nature of Assistance. The applicant submits an application
for assistance for a specific project or activity (See Note 2) in
which:
HUD makes assistance available to a recipient for a specific
project or activity; or
HUD makes assistance available to an entity (other than a State
or a unit of general local government), such as a public housing
agency (PHA), for a specific project or activity, where the
application is required by statute or regulation to be submitted to
HUD for any purpose; and
b. Dollar Threshold. The applicant has received, or can
reasonably expect to receive, an aggregate amount of all forms of
assistance (See Note 3) from HUD, States, and units of general local
government, in excess of $200,000 during the Federal fiscal year
(October 1 through September 30) in which the application is
submitted. (See Note 4)
2. The applicant submits an application for assistance for a
specific housing project that involves other government assistance.
(See Note 5) Note: There is no dollar threshold for this criterion:
any other government assistance triggers the requirement. (See Note
6)
If the Application meets neither of these two criteria, the
applicant need only complete Parts I and II of this report, as well
as the certification at the end of the report. If the Application
meets either of these criteria, the applicant must complete the
entire report.
The applicant disclosure report must be submitted with the
application for the assistance involved.
D. Update reports: Specific guidance. During the period in which
an application for covered assistance is pending, or in which the
assistance is being provided (as indicated in the relevant grant or
other agreement), the applicant must make the following additional
disclosures:
1. Any information that should have been disclosed in connection
with the application, but that was omitted.
2. Any information that would have been subject to disclosure in
connection with the application, but that arose at a later time,
including information concerning an interested party that now meets
the applicable disclosure threshold referred to in Part IV, below.
3. For changes in previously disclosed other government
assistance:
For programs administered by the Assistant Secretary for
Community Planning and Development, any change in other government
assistance that exceeds the amount of such assistance that was
previously disclosed by $250,000 or by 10 percent of the assistance
(whichever is lower).
For all other programs, any change in other government
assistance that exceeds the amount of such assistance that was
previously disclosed.
4. For changes in previously disclosed financial interests, any
change in the amount of the financial interest of a person that
exceeds the amount of the previously disclosed interests by $50,000
or by 10 percent of such interests (whichever is lower).
5. For changes in previously disclosed sources or uses of funds:
a. For programs administered by the Assistant Secretary for
Community Planning and Development:
Any change in a source of funds that exceeds the amount of all
previously disclosed sources of funds by $250,000 or by 10 percent
of those sources (whichever is lower); and
Any change in a use of funds under paragraph (b)(1)(iii) that
exceeds the amount of all previously disclosed uses of funds by
$250,000 or by 10 percent of those uses (whichever is lower).
b. For all programs, other than those administered by the
Assistant Secretary for Community Planning and Development:
For projects receiving a tax credit under Federal, State, or
local law, any change in a source of funds that was previously
disclosed.
For all other projects, any change in a source of funds that
exceeds the lower of:
The amount previously disclosed for that source of funds by
$250,000, or by 10 percent of the amount previously disclosed for
that source, whichever is lower; of
The amount previously disclosed for all sources of funds by
$250,000, or by 10 percent of the amount previously disclosed for
all sources of funds, whichever is lower.
c. For all programs, other than those administered by the
Assistant Secretary for Community Planning and
Development: [[Page 14772]]
For projects receiving a tax credit under Federal, State, or
local law, any change in a use of funds that was previously
disclosed.
For all other projects, any change in a use of funds that
exceeds the lower of:
The amount previously disclosed for that use of funds by
$250,000, or by 10 percent of the amount previously disclosed for
that use whichever is lower; or
The amount previously disclosed for all uses of funds by
$250,000, or by 10 percent of the amount previously disclosed for
all uses of funds, whichever is lower.
Note: Update reports must be submitted within 30 days of the
change requiring the update. The requirement to provide update
reports only applies if the application for the underlying
assistance was submitted on or after the effective date of Subpart
C.
II. Line-by-Line Instructions
A. Part I. Applicant/Recipient Information
All applicants for HUD assistance specified in Section I.C.1.a.,
above, as well as all recipients required to submit an update report
under Section I.D., above, must complete the information required by
Part I. The applicant/recipient must indicate whether the disclosure
is an initial or an update report. Line-by-line guidance for Part I
follows:
1. Enter the full name, address, city, State, zip code, and
telephone number (including area code) of the applicant/recipient.
Where the applicant/recipient is an individual, the last name, first
name, and middle initial must be entered. Entry of the applicant/
recipient's SSN or EIN, as appropriate, is optional.
2. Applicants enter the name and full address of the project or
activity for which the HUD assistance is sought. Recipients enter
the name and full address of the HUD-assisted project or activity to
which the update report relates. The most appropriate government
identifying number must be used (e.g., RFP No.; IFB No.; grant
announcement No.; or contract, grant, or loan No.) Include prefixes.
3. Applicants describe the HUD assistance referred to in Section
I.C.1.a. that is being requested. Recipients describe the HUD
assistance to which the update report relates.
4. Applicants enter the HUD program name under which the
assistance is being requested. Recipients enter the HUD program name
under which the assistance, that relates to the update report, was
provided.
5. Applicants enter the amount of HUD assistance that is being
requested. Recipients enter the amount of HUD assistance that has
been provided and to which the update report relates. The amounts
are those stated in the application or award documentation. NOTE: In
the case of assistance that is provided pursuant to contract over a
period of time (such as project-based assistance under section 8 of
the United States Housing Act of 1937), the amount of assistance to
be reported includes all amounts that are to be provided over the
term of the contract, irrespective of when they are to be received.
Note: In the case of Mortgage Insurance under 24 CFR Subtitle B,
Chapter II, the mortgagor is responsible for making the applicant
disclosures, and the mortgagee is responsible for furnishing the
mortgagor's disclosures to the Department. Update reports must be
submitted directly to HUD by the mortgagor.
Note: In the case of the Project-Based Certificate program under
24 CFR Part 882, Subpart G, the owner is responsible for making the
applicant disclosures, and the PHA is responsible for furnishing the
owner's disclosures to HUD. Update reports must be submitted through
the PHA by the owner.
B. Part II. Threshold Determinations--Applicants Only
Part II contains information to help the applicant determine
whether the remainder of the form must be completed. Recipients
filing Update Reports should not complete this Part.
1. The first question asks whether the applicant meets the
Nature of Assistance and Dollar Threshold requirements set forth in
Section I.C.1. above.
If the answer is Yes, the applicant must complete the remainder
of the form. If the answer is No, the form asks the applicant to
certify that its response is correct, and to complete the next
question.
2. The second question asks whether the application is for a
specific housing project that involves other government assistance,
as described in Section I.C.2. above.
If the answer is Yes, the applicant must complete the remainder
of the form. If the answer is No, the form asks the applicant to
certify that its response is correct.
If the answer to both questions 1 and 2 is No, the applicant
need not complete Parts III, IV, or V of the report, but must sign
the certification at the end of the form.
C. Part III. Other Government Assistance
This Part is to be completed by both applicants filing applicant
disclosure reports and recipients filing update reports. Applicants
must report any other government assistance involved in the project
or activity for which assistance is sought. Recipients must report
any other government assistance involved in the project or activity,
to the extent required under Section I.D.1.,2., or 3., above.
Other government assistance is defined in note 5 on the last
page. For purposes of this definition, other government assistance
is expected to be made available if, based on an assessment of all
the circumstances involved, there is reasonable grounds to
anticipate that the assistance will be forthcoming.
Both applicant and recipient disclosures must include all other
government assistance involved with the HUD assistance, as well as
any other government assistance that was made available before the
request, but that has continuing vitality at the time of the
request. Examples of this latter category include tax credits that
provide for a number of years of tax benefits, and grant assistance
that continues to benefit the project at the time of the assistance
request.
The following information must be provided:
1. Enter the name and address, city, State, and zip code of the
government agency making the assistance available. Include at least
one organizational level below the agency name. For example, U.S.
Department of Transportation, U.S. Coast Guard; Department of
Safety, Highway Patrol.
2. Enter the program name and any relevant identifying numbers,
or other means of identification, for the other government
assistance.
3. State the type of other government assistance (e.g., loan,
grant, loan insurance).
4. Enter the dollar amount of the other government assistance
that is, or is expected to be, made available with respect to the
project or activities for which the HUD assistance is ought
(applicants) or has been provided (recipients).
If the applicant has no other government assistance to disclose,
it must certify that this assertion is correct.
To avoid duplication, if there is other government assistance
under this Part and Part V, the applicant/recipient should check the
appropriate box in this Part and list the information in Part V,
clearly designating which sources are other government assistance.
D. Part IV. Interested Parties
This Part is to be completed by both applicants filling
applicant disclosure reports and recipients filling update reports.
Applicants must provide information on:
(1) All developers, contractors, or consultants involved in the
application for the assistance or in the planning, development, or
implementation of the project or activity; or
(2) Any other person who has a financial interest in the project
or activity for which the assistance is sought that exceeds $50,000
or 10 percent of the assistance (whichever is lower).
Recipients must make the additional disclosures referred to in
Section i.D.1., 2., or 4., above.
Note: A financial interest means any financial involvement in
the project or activity, including (but not limited to) situations
in which an individual entity has an equity interest in the project
or activity, shares in any profit on resale or any distribution of
surplus cash or other assets of the project or activity, or receives
compensation for any goods or services provided in connection with
the project or activity. Residency of an individual in housing for
which assistance is being sought is not, by itself, considered a
covered financial interest.
The information required below must be provided.
1. Enter the full names and addresses of all persons referred to
in paragraph (1) or (2) of this Part. If the person is an entity,
the listing must include the full name of each officer, director,
and principal stockholder of the entity. All names must be listed
alphabetically, and the names of individuals must be shown with the
last names first.
2. Entry of the Social Security Number (SSN) or Employee
identification Number (EIN), as appropriate, for each person listed
is optional.
3. Enter the type of participation in the project or activity
for each person listed; i.e., the person's specific role in the
project (e.g., contractor, consultant, planner, investor).
4. Enter the financial interest in the project or activity for
each person listed. The interest [[Page 14773]] must be expressed
both as a dollar amount and as a percentage of the amount of the HUD
assistance involved.
If the applicant has no persons with financial interests to
disclose, it must certify that this assertion is correct.
5. Part V. Report on Sources and Uses of Funds. This Part is to
be completed by both applicants filling applicant disclosure reports
and recipients filing update reports.
The applicant disclosure report must specify all expected
sources of funds--both from HUD and from any other source--that have
been, or are to be, made available for the project or activity. Non-
HUD sources of funds typically include (but are not limited to)
other government assistance referred to in Part III, equity, and
amounts from foundations and private contributions. The report must
also specify all expected uses to which funds are to be put. All
sources and uses of funds must be listed, if, based on an assessment
of all the circumstances involved, there are reasonable grounds to
anticipate that the source or use will be forthcoming.
Note that if any of the source/use information required by this
report has been provided elsewhere in this application package, the
applicant need not repeat the information, but need only refer to
the form and location to incorporate it into this report. (It is
likely that some of the information required by this report has been
provided on SF 424A, and on various budget forms accompanying the
application.) If this report requires information beyond that
provided elsewhere in the application package, the applicant must
include in this report all the additional information required.
Recipients must submit an update report for any change in
previously disclosed sources and uses of funds as provided in
Section I.D.5., above.
General Instructions--sources of funds.
Each reportable source of funds must indicate:
A. The name and address, city, State, and zip code of the
individual or entity making the assistance available. At least one
organizational level below the agency name should be included. For
example, U.S. Department of Transportation, U.S. Coast Guard;
Department of Safety, Highway Patrol.
b. The program name and any relevant identifying numbers, or
other means of identification, for the assistance.
C. The type of assistance (e.g., loan, grant, loan insurance).
Specific instructions--sources of funds.
(1) For programs administered by the Assistant Secretaries for
Fair Housing and Equal Opportunity and Policy Development and
Research, each source of funds must indicate the total amount
approved and received; and must be listed in descending order
according to the amount indicated.
(2) For programs administered by the Assistant Secretaries for
Housing--Federal Housing Commissioner, Community Planning and
Development, and Public and Indian Housing, each source of funds
must indicate the total amount of funds involved, and must be listed
in descending order according to the amount indicated.
(3) If Tax Credits are involved, the report must indicate all
syndication proceeds and equity involved.
General instructions--uses of funds.
Each reportable use of funds must clearly identify the purpose
to which they are to be put. Reasonable aggregations may be used,
such as ``total structure'' to include a number of structural costs,
such as roof, elevators, exterior masonry, etc.
Specific instructions--uses of funds.
(1) For programs administered by the Assistant Secretaries for
Fair Housing and Equal Opportunity and Policy Development and
Research, each use of funds must indicate the total amount of funds
involved; must be broken down by amount committed, budgeted, and
planned; and must be listed in descending order according to the
amount indicated.
(ii) For programs administered by the Assistant Secretaries for
Housing-Federal Housing Commissioner, Community Planning and
Development, and Public and Indian Housing, each use of funds must
indicate the total amount of funds involved and must be listed in
descending order according to the amount involved.
(iii) If any program administered by the Assistant Secretary for
Housing-Federal Housing Commissioner is involved, the report must
indicate all uses paid from HUD sources and other sources, including
syndication proceeds. Uses paid should include the following
amounts.
AMPO
Architect's fee--design
Architect's fee--supervision
Bond premium
Buildre's general overhead
Builder's profit
Construction interest
Consultant fee
Contingency Reserve
Cost certification audit fee
FHA examination fee
FHA inspection fee
FHA MIP
Financing fee
FNMA/GNMA fee
General requirements
Insurance
Legal--construction
Legal--organization
Other fees
Purchase price
Supplemental management fund
Taxes
Title and recording Operating deficit reserve
Resident initiative fund
Syndication expenses
Working capital reserve
Total land improvement
Total structures
Uses paid from syndication must include the following amounts:
Additional acquisition price and expenses
Bridge loan interest
Development fee
Operating deficit reserve
Resident initiative fund
Syndication expenses
Working capital reserve
Footnotes:
1. All citations are to 24 CFR Part 12, which was published in
the Federal Register on March 14, 1991 at 56 Fed. Reg. 11032.
2. A list of the covered assistance programs can be found at 24
CFR Sec. 12.30, or in the rules or administrative instructions
governing the program involved.
Note: The list of covered programs will be updated
periodically.
3. Assistance means any contract, grant, loan, cooperative
agreement, or other form of assistance, including the insurance or
guarantee of a loan or mortgage, that is provided with respect to a
specific project or activity under a program administered by the
Department. The term does not include contracts, such as
procurements contracts, that are subject to the Federal Acquisition
Regulation (FAR)(48 CFR Chapter 1).
4. See 24 CFR Secs. 12.32(a) (2) and (3) for detailed guidance
on how the threshold is calculated.
5. ``Other government assistance'' is defined to include any
loan, grant, guarantee, insurance, payment, rebate, subsidy, credit,
tax benefit, or any other form of direct or indirect assistance from
the Federal government (other than that requested from HUD in the
application), a State, or a unit of general local government, or any
agency or instrumentality thereof, that is, or is expected to be
made, available with respect to the project or activities for which
the assistance is sought.
6. For further guidance on the criterion, and for a list of
covered programs, see 24 CFR Sec. 12.50.
7. For purposes of Part 12, a person means an individual
(including a consultant, lobbyist, or lawyer); corporation; company;
association; authority; firm; partnership; society; State, unit of
general local government, or other government entity, or agency
thereof (including a public housing agency); Indian tribe; and any
other organization or group of people.
[FR Doc. 6717 Filed 3-17-95; 8:45 am]----------------------------------
BILLING CODE 4210-01-M
