[Federal Register Volume 62, Number 78 (Wednesday, April 23, 1997)]
[Notices]
[Pages 19860-19866]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-10446]
[[Page 19859]]
_______________________________________________________________________
Part II
Department of Housing and Urban Development
_______________________________________________________________________
Youthbuild Program (Fiscal Year 1997); Funding Availability; Notice
Federal Register / Vol. 62, No. 78 / Wednesday, April 23, 1997 /
Notices
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DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
[Docket No. FR-4197-N-01]
Notice of Funding Availability for the Youthbuild Program for
Fiscal Year 1997
AGENCY: Office of the Assistant Secretary for Community Planning and
Development, HUD.
ACTION: Notice of Funding Availability for the Fiscal Year 1997.
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SUMMARY: Purpose. This Notice of Funding Availability (NOFA) announces
the availability of Fiscal Year (FY) 1997 program funds for grant
assistance under the Youthbuild Program established by the Housing and
Community Development Act of 1992. These funds will be awarded
competitively. Only implementation grants will be funded. The body of
this NOFA contains information on the following: the purpose of the
NOFA, information regarding eligibility, available funding, the
application process and selection criteria. Persons not employed by the
Department may be used in reviewing and rating applications.
Available Funds. Up to $30 million.
Eligible Applicants. Eligible applicants are public or private non-
profit agencies, state or local housing agencies or authorities, state
or local units of general local government, Indian tribes or any entity
eligible to provide education and employment training under other
Federal employment training programs, as further defined in 24 CFR
585.4.
DATES: Application Submission. An original and two copies of the
completed application for grant funds must be received in HUD
Headquarters prior to 5:00 pm EST on June 23, 1997. Applications will
be accepted at the following address: Processing and Control Unit,
Office of Community Planning and Development, Department of Housing and
Urban Development, 451 Seventh St., SW., Room 7255, Washington, DC
20410. Attn: Youthbuild. In addition, one copy of the completed
application should be forwarded to the local HUD CPD field office.
Please refer to the attached list for the address of the field office
serving your jurisdiction.
Applications which are mailed prior to the deadline date but not
received until after the deadline will be deemed to have been received
by the date if postmarked no later than (three days prior) by the U.S.
Postal Service. Express delivery items received after the deadline date
will be deemed to have been received on time upon submission of
documentary evidence that they were placed in transit with the express
delivery service no later than the previous date. Applications may not
be submitted by facsimile (FAX).
For a copy of the application package, contact: Community
Connections at 1-800-998-9999, or through the Internet at gopher://
comcon.org:7511. Requests for application packages must refer
to the Youthbuild program. The application package contains the
required forms and instructions for completing a grant request.
Requests for application packages for the current competition should be
made immediately. Community Connections will distribute application
packages as soon as they become available. Grant requests not made on
1997 application package forms will not be accepted.
FOR FURTHER INFORMATION CONTACT: Community Connections at 1-800-998-
9999. Hearing- and speech-impaired persons should call the Federal
Information Relay Service at 1-800-877-8339.
SUPPLEMENTARY INFORMATION:
Information Collection Requirements
The information collection requirements contained in this NOFA 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 assigned OMB control number 2506-0142. 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.
Promoting Comprehensive Approaches to Housing and Community Development
HUD is interested in promoting comprehensive, coordinated
approaches to housing and community development. Economic development,
community development, public housing revitalization, homeownership,
assisted housing for special needs populations, supportive services,
and welfare-to-work initiatives can work better if linked at the local
level. Toward this end, HUD in recent years has developed the
Consolidated Planning process designed to help communities undertake
such approaches.
In this spirit, it may be helpful for applicants under this NOFA to
be aware of other related HUD NOFAs that have recently been published
or are expected to be published in the near future. By reviewing these
NOFAs with respect to their program purposes and the eligibility of
applicants and activities, applicants may be able to relate the
activities proposed for funding under this NOFA to the recent and
upcoming NOFAs and to the community's Consolidated Plan.
With respect to community and economic development, the following
related NOFAs have been published: (1) The NOFA for the HUD-
Administered Small Cities Community Development Block Grant Program--
Development Grants for Fiscal Year 1997 and the Section 108 Loan
Guarantee Program for Small Communities in New York State (December 3,
1996, at 61 FR 64196); and (2) the NOFA for the Community Outreach
Partnership Centers (March 20, 1997, at 62 FR 13506). The following
related NOFAs are expected to be published in the next few weeks: (1)
The NOFA for the Tenant Opportunity Program--Economic Development and
Supportive Services, and (2) the NOFA for Historically Black Colleges.
To foster comprehensive, coordinated approaches by communities, HUD
intends for the remainder of FY 1997 to continue to alert applicants to
upcoming and recent NOFAs as each NOFA is published. In addition, a
complete schedule of NOFAs to be published during the fiscal year and
those already published appears under the HUD Homepage on the Internet,
which can be accessed at http://www.hud.gov/nofas.html. Additional
steps on NOFA coordination may be considered for FY 1998.
For help in obtaining a copy of your community's Consolidated Plan,
please contact the community development office of your municipal
government.
I. Program Purpose
The purposes of the Youthbuild program are (1) To provide
economically-disadvantaged young adults with opportunities to obtain
education, employment skills and meaningful on-site construction work
experience as a service to their communities and a means to achieve
self-sufficiency; (2) to foster the development of leadership skills
and commitment to community; and (3) to expand the supply of permanent
affordable housing for homeless and low- and very low-income persons by
providing implementation grants for carrying out a Youthbuild program.
A. Authority
The Youthbuild program is authorized under subtitle D of title IV
of the National Affordable Housing Act (the Act), as added by section
164 of the Housing and Community Development
[[Page 19861]]
Act of 1992 (Pub. L. 102-550, 106 STAT. 3723, 42 U.S.C. 12899).
Implementing regulations are found in the Final Rule published in the
Federal Register dated February 21, 1995, and codified in title 24 of
the Code of Federal Regulations as part 585.
B. Funding Availability
This Notice announces the availability of up to $30 million in
program funds. $1.5 million (five percent of the appropriation) of
which is planned for technical assistance consistent with section
458(d) of the Act.
C. Objectives
The Youthbuild program is designed to help disadvantaged young
adults who have dropped out of high school to (1) Obtain the education
and employment skills necessary to achieve economic self-sufficiency
and (2) develop leadership skills and a commitment to community
development in low-income communities. Grant funds can be used to fund
eligible services and activities as defined by the Act.
Another important objective of the Youthbuild program is to expand
the supply of permanent affordable housing for homeless persons and
members of low- and very low-income families. Providing disadvantaged
young adults with meaningful on-site training experiences in housing
construction and rehabilitation enables them to provide a service to
their communities by helping to meet the housing needs of homeless and
low-income families.
An additional purpose of the program is to give, to the greatest
extent feasible, and consistent with existing Federal, State and local
laws and regulation, job training, employment, contracting and other
economic opportunities to low-income persons and business concerns. To
that purpose, section 3 of the Housing and Urban Development Act of
1968 (12 U.S.C. 1701u) is applicable to Youthbuild implementation grant
recipients.
II. Overview of Youthbuild Implementation Grants
A. Type of Grants
HUD will award Youthbuild implementation grants only to eligible
applicants for the purpose of carrying out Youthbuild programs in
accordance with subtitle D of title IV of the Act. Applications will be
selected in a competition in accordance with the grant selection
process described in section V below.
B. Maximum Awards
Under the competition established by this NOFA, the maximum award
for a Youthbuild grant is $700,000. HUD reserves the right to determine
the maximum or minimum of any Youthbuild award per application,
project, program or budget line item. No amendments will be made to
awards under this competition that will increase previously approved
grant amounts. In order to ensure reasonable geographic diversity, a
jurisdiction may not receive more than $2.1 million.
C. Locational Considerations
Each application for a grant may only propose activities to carry
out one Youthbuild program, i.e., to start a new Youthbuild program or
to fund new classes of Youthbuild participants for an existing program.
The same applicant organization may submit more than one application in
the current competition if the proposed program's participant
recruitment and housing areas are in different jurisdictions. HUD will
not approve multiple applications for grants in the same jurisdiction
unless HUD determines that the jurisdiction is sufficiently large to
justify approval of more than one application.
D. Eligible Applicants
Eligible applicants are public or private non-profit agencies,
State or local housing agencies or authorities, state or local units of
general local government, Indian tribes or any entity eligible to
provide education and employment training under other Federal
employment training programs, as further defined in 24 CFR 585.4.
E. Youthbuild Program Components
Youthbuild programs receiving assistance under this NOFA must
contain the three components described in items (1), (2) and (4) below.
Other activities described in item (3) are optional.
(1) Educational and job training services.
(2) Leadership training, counseling and other support
activities.
(3) Special activities such as entrepreneurial training,
drivers' education, internships, programs for those with learning
disabilities, and in-house staff training. (Optional)
(4) On-site training through actual housing rehabilitation and/
or construction work. Each program must be structured so that 50
percent of each participant's time is spent in on-site training.
Refer to 24 CFR 585.3 for a detailed description of program
components.
F. Eligible Participants
Participants in a Youthbuild program must be very low-income high
school dropouts between the ages of 16 and 24, inclusive, at the time
of enrollment. Up to 25 percent of participants may be above very low-
income or high school graduates (or equivalent), but must have
educational needs that justify their participation in the program.
G. Activities Used To Conduct a Youthbuild Program May Include
(1) Work and activities associated with the acquisition,
rehabilitation or construction of the housing and related facilities
to be used in the program;
(2) Relocation payments and other assistance required to comply
with 24 CFR 585.308.
(3) Costs of ongoing training and technical assistance needs
related to carrying out a Youthbuild program;
(4) Education, job training, counseling, employment and
leadership development services and activities;
(5) Wages, benefits and need-based stipends for participants;
and
(6) Administrative costs. Youthbuild funds for these costs
should not exceed 20 percent of the total amount of Youthbuild
assistance.
Refer to 24 CFR 585.305 for further details on eligible activities.
H. Resources From Other Federal, State, Local or Private Entities
Applicants are strongly encouraged to use existing housing and
homeless assistance programs administered by HUD or other Federal,
State, local or private housing programs as part of their Youthbuild
program. Use of other non-Youthbuild funds available for vocational,
adult and bilingual education programs or for job training under the
JTPA Act and the Family Support Act of 1988 is also encouraged. The
selection process described in this NOFA provides for applicants to
receive points where grant applications contain firm commitments from
Federal, State, local or private sources to provide resources to carry
out Youthbuild activities.
I. Environmental Procedures and Standards
Applicants are strongly encouraged to select hazard-free and
problem-free properties for their Youthbuild projects. Environmental
procedures apply to HUD approval of grants when the applicant proposes
to use Youthbuild funds to cover any costs for the lease, acquisition,
rehabilitation or new construction of real property proposed for
housing project development. Environmental procedures do not apply to
HUD approval of applications when applicants propose to use their
[[Page 19862]]
Youthbuild funds solely to cover any costs for classroom and/or on-the-
job construction training and support services.
For those applicants that propose to use their Youthbuild funds to
cover any costs of the lease, acquisition, rehabilitation, or new
construction of real property, the applicant shall submit all relevant
environmental information in its application to support HUD decision-
making in accordance with the environmental procedures and standards
set forth in 24 CFR 585.307.
J. Grant Period
Funds awarded should be used within 30 months of the effective date
of the grant agreement.
III. Selection Criteria for Youthbuild Applications
Due to an order of the U.S. District Court for the Northern
District, Dallas Division, in Walker v. HUD, with respect to any
application by the City of Dallas, Texas, HUD's evaluation of the
quality of the application will consider the extent to which the
applicant's proposed program for the use of Youthbuild funds will be
used to eradicate the vestiges of racial segregation in the Dallas
Housing Authority's programs, consistent with the Court's order (see
paragraph 8 below).
HUD will review each application and assign points in accordance
with the selection criteria described in this section. Each application
may receive up to 100 points. In addition, applications may receive up
to 5 points for Americorps participation (see paragraph 7 below), and
10 Empowerment Zone/Enterprise Community points (see paragraph 6
below).
(1) Capability: the qualification and experience of the applicant
and participating parties. (Max. points: 25) The capability of the
applicant and participating parties to implement a successful young
adult education and training program within a reasonable time period
and in a cost-effective manner as demonstrated through past
performance. HUD will review and evaluate the information provided
documenting Capability. In assigning points for this criterion,
evidence in the application that demonstrates the following will be
considered:
(a) Experience in implementing a comprehensive, integrated,
multi-disciplinary program with the following components:
(i) Young adult education and training programs, including
programs for low-income persons from economically-distressed
neighborhoods.
(ii) Young adult leadership development training and related
activities for young adults.
(iii) Young adult on-site training in housing construction or
rehabilitation for the production of sound and affordable housing
for the homeless and low-income families.
(b) The extent to which the applicant or participating parties
have been successful in past education, training and employment
programs and activities, including Federally-funded Youthbuild
programs. Previous Youthbuild grant recipients must submit a
performance narrative as outlined in the application package.
(c) The extent to which the applicant, including program
director or principal person, or participating parties have
demonstrated past ability to leverage other resources to cover
administrative, educational and training costs and have demonstrated
ability to implement creative and innovative cost-saving measures.
(d) The extent of prior program quality and cost-effectiveness.
(2) Need: the need for the proposed program, as determined by the
degree of distress of the community. (Max. points: 20). In assigning
points for this criterion, HUD will consider the relative degree of
distress of the jurisdiction(s) from which participants will be
recruited and in which the housing will be constructed or
rehabilitated. HUD will also assign points by calculating the degree of
need of the jurisdiction(s) in which the program will be located using
the CDBG formula.
(3) Program Quality and Feasibility: comprehensiveness and
effectiveness of the proposed Youthbuild program. (Max. points: 35).
HUD will consider the overall quality and feasibility of the proposed
program as measured by the principles and goals of the proposed
program; whether proposed program activities meet the overall
objectives of the Youthbuild program; whether the proposed program
activities will be accomplished within a reasonable amount of time and
in a cost effective manner; whether the proposed program activities are
comprehensive and integrated; and the potential for success of the
proposed program. Areas to be considered in the evaluation of the
overall quality of proposed program area:
(a) Outreach, recruitment and selection activities: a description
of the proposed: (i) outreach, recruitment (including specific steps to
be taken to attract potential eligible participants who are unlikely to
be aware of this program because of race, ethnicity, sex or disability)
and selection strategies; (ii) special outreach efforts to recruit
eligible young women and young women with dependent children, and
persons receiving public assistance; and (iii) recruitment arrangements
made with public agencies, courts, homeless shelters, local school
systems, community-based organizations, etc.;
(b) Educational and job training services and activities: a
description of the educational component of the program, including: (i)
the types of instructional services to be provided; (ii) the number and
qualification of program instructors and ratio of instructors to
participants; (iii) realistic scheduling plan for classroom and on-the-
job training: and (iv) reasonable payments of participants' wages,
stipends, and incentives.
(c) Leadership development: a description of the leadership
development training to be offered to participants including the
strategies, activities and plans to build group cohesion and peer
support.
(d) Support services: a description and documentation of counseling
and referral services to be offered to participants, including the type
of counseling, social services and/or need-based stipends to be
provided (supported by letters of commitments from providers).
(e) Coordination and cost-efficiency: a description and
documentation of how the Youthbuild program will benefit the maximum
number of young adults by making use of other public and private
resources, programs and services (in addition to those referenced
above) which sufficiently reduce the cost burden to the Youthbuild
program in the following areas: (i) education, job training, and child
care; (ii) on-site housing construction/rehabilitation training; (iii)
homeless and housing programs; (iv) apprenticeship programs of local
building trade unions; and (v) administrative, overhead and salary
costs.
(f) On-site training: a description of (i) the housing construction
or rehabilitation activities to be undertaken by participants at the
site(s) to be used for the on-site training component of the program,
(ii) the qualification and number of on-site supervisors, (iii) the
ratio of trainers to students, (iv) the ratio of students per site and
(v) the amounts, reasonable wages and/or stipends to be paid to
participants during on-site work.
(g) Job placement assistance: a description of the applicant's
commitments, strategies and procedures for (i) participant placement in
meaningful employment, enrollment in post-secondary education programs,
job development, starting business enterprises, or other opportunities
leading to economic independence; and
[[Page 19863]]
(ii) follow-up assistance and support activities to program graduates.
(h) Program evaluation: a description of a comprehensive evaluation
plan that is designed to measure the success of the program.
(4) Program Resources: firm commitment of resources obtained from
other Federal, State, local and private sources. (Max. points 10). In
assigning points for this criterion, HUD will consider the level of
non-housing resources obtained for cash or in-kind contribution to
cover the following kinds of areas:
(a) Social services (i.e., counseling and training);
(b) Use of existing vocational, adult, bilingual educational
courses;
(c) Donation of labor, resource personnel, supplies, materials,
classroom and/or meeting space;
(d) other commitments.
(5) Housing Program Priority Points: 10 priority points will be
assigned to all applications that contain evidence that housing
resources from other Federal, state, local or private sources that are
available to cover the cost, in full, for the following housing
activities for the proposed Youthbuild program: acquisition,
architectural and engineering fees, construction and rehabilitation.
Applications that do not include proper documentation of commitment of
non-Youthbuild resources or propose to use Youthbuild grant funds, in
whole or in part, for any one of the housing activities listed above
will not be entitled to the ten priority points.
Housing resources will not be used in evaluation of the program
resources criterion.
Bonus Points
(6) Empowerment Zone/Enterprise Community: Up to 10 points will be
assigned based on documentation that the proposed program will support
the Strategic Plan for a federally designated urban or rural
Empowerment Zone, Enterprise Community or Supplemental Empowerment
Zone. Up to five points will be assigned based on documentation that
the proposed program will support the Strategic plan for a Champion
Community (applied for, but did not receive a designation). Application
must receive a combined score of at least 50 points for selection
criteria (1), (2), and (3) under Section III in order to be eligible
for Empowerment Zone/Enterprise Community or Champion Community points.
(7) Americorps Participation Bonus: Up to 5 points may be assigned
to Youthbuild applicants who provide evidence of application and/or
selection as an Americorps program sponsor. Application must receive a
combined score of at least 50 points for selection criteria (1), (2),
and (3) under Section III in order to be eligible for Americorps
points.
(8) Court-ordered Consideration: due to an order of the U.S.
District Court for the Northern District of Texas, Dallas Division,
with respect to any application by the City of Dallas, Texas, for HUD
funds, HUD shall consider the extent to which the Youthbuild strategy
for the Dallas area will be used to eradicate the vestiges of
segregation in the Dallas Housing Authority's low-income housing
programs. The City of Dallas should address the effect, if any, that
vestiges of racial segregation in Dallas Housing Authority's low-income
housing programs have on potential participants in the Youthbuild
program and identify proposed actions for remedying those vestiges. HUD
may add up to 2 points to the application score based on this
consideration.
IV. Application Requirements
Applicants must complete and submit applications for Youthbuild
grants in accordance with instructions contained in the FY 1997
Youthbuild application package. The application package will request
information in sufficient detail for HUD to determine whether the
proposed activities are feasible and meet all the requirements of
applicable statutes and regulations. The application package requires a
description of the applicant's and participating parties' experiences
in young adult and housing programs, a description of the proposed
Youthbuild program, a description and documentation of other public and
private resources to be used for the program, including other housing
resources, a schedule for the program, budgets, identification of
housing sites(s) and demonstration of site access. The application
package also contains necessary certifications to Federal requirements.
Applicants must also certify that the proposed activities are
consistent with the HUD-approved Consolidated Plan in accordance with
24 CFR part 91. Applicants should refer to the Youthbuild application
package for further instructions.
V. Selection Process
In order to afford applicants every opportunity to submit a ratable
application, while at the same time ensuring the fairness, integrity
and timeliness of the selection process, HUD is adopting the following
application submission and selection procedures:
a. Initial screening: During the period immediately following the
application deadline, HUD will screen each application to determine
eligibility. Applications will be rejected if they (1) Are submitted by
ineligible applicants, (2) do not use the FY 1997 application package,
(3) propose a program for which significant activities are ineligible,
(4) there are any outstanding findings of noncompliance with civil
rights statutes, Executive orders or regulation, as a result of formal
administrative proceedings or the Secretary has issued a charge against
the applicant under the Fair Housing Act, unless the applicant is
operating under a conciliation or compliance agreement designed to
correct the areas of noncompliance, (5) are submitted by applicants
that have major unresolved audit or monitoring findings, or (6) has not
submitted information necessary to qualify them for an award, i.e.,
environmental procedure information.
b. Rating and Ranking: Each eligible application will be rated
based upon the criteria described in section III of this NOFA, with a
maximum of 115 points assigned. Using the scores assigned, the
application will be placed in rank order. Applications will be
preliminarily selected for funding in accordance with their rank order.
If two or more applications have the same score and there are
insufficient funds to fund all of them, the application(s) with the
highest score for the Program Quality and Feasibility criterion shall
be elected. In the event of a procedural error that, when corrected,
would result in selection of an otherwise eligible applicant during the
funding round under this NOFA, HUD may select that application when
sufficient funds become available.
c. Clarification of Application Information: In accordance with the
provisions of 24 CFR part 4, subpart B, HUD may contact an applicant to
seek clarification of an item in the application, or to request
additional or missing information, but the clarification or the request
for additional or missing information shall not relate to items that
would improve the substantive quality of the application pertinent to
the funding decision. For the Youthbuild program, these clarification
items include, but are not limited to: (1) Missing or unsigned program
certifications or SF424; (2) failure to target the outreach and
recruitment efforts to be used by the program to disadvantaged young
adults between the ages of 16 and 24 years; (3) failure to structure
the proposed program so that 50 percent of participant's time is
devoted to
[[Page 19864]]
educational activities and 50 percent to on-site training; (4)
incomplete documentation showing that the applicant has obtained access
to the housing site(s); (5) failure to designate the housing to be
produced for use by appropriate population; and (6) failure to identify
the housing to be used for on-site training.
d. Potential Environmental Disqualification: HUD reserves the right
to disqualify an application where one or more environmental thresholds
are exceeded if it is determined that the environmental review cannot
be conducted and satisfactorily completed by HUD within the HUD review
period. (See 24 CFR 585.307.)
e. Reduction in Requested Grant Amount: HUD may approve an
application for an amount lower than the amount requested by the
applicant. In addition, HUD will adjust line items in the proposed
grant budget within the amount requested if it determines that:
(1) The amount requested for one or more eligible activities is not
supported in the application or is unreasonably related to the service
or activity to be carried out;
(2) An activity proposed for funding does not qualify as an
eligible activity and can be separated in the budget;
(3) The amount requested exceeds the total cost limitation
established for a grant; or
(4) Insufficient funds remain for the entire request.
f. Notification of Approval or Disapproval: HUD will notify the
selected applicants and the applicants that have not been selected.
HUD's notification to a selected applicant of the amount of the grant
award based on the approved application will constitute a preliminary
approval by HUD, subject to HUD and recipient execution of the grant
agreement to initiate program activities.
VI. Other Matters
a. Environmental Impact. This NOFA provides funding under, and does
not alter the environmental provisions of, regulations in 24 CFR part
585, which has been published previously in the Federal Register.
Accordingly, under 24 CFR 50.19(c)(5), this NOFA is categorically
excluded from environmental review under the National Environmental
Policy Act of 1969 (42 U.S.C. 4321). Grantees must comply with the
regulations in 24 CFR part 585, including the environmental review
procedures in 24 CFR 585.307.
b. Family Executive Order. The General Counsel as the Designated
Official under Executive Order 12606, The Family, has determined that
some of the policies contained in this NOFA will have a potential
significant impact on the formation, maintenance and general well-being
of the family. The expected expansion of the housing supply for
homeless and low- and very low-income persons and the provision of
opportunities to economically disadvantaged young adults to enhance
their education and employment skills will provide a positive impact on
the family maintenance and general well-being. However, since the
impact on the family is beneficial and the program involves very little
HUD discretion, no further review is necessary.
c. Federalism Executive Order. 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 NOFA do
not have ``Federalism'' implications because they do not have
substantial direct effects on the States (including their political
subdivisions), or on the distribution of power and responsibilities
among the various levels of government.
d. Section 102 of the HUD Reform Act--Accountability in the
Provision of HUD Assistance. 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.
e. Section 103 of the HUD Reform Act--Prohibition of Advance
Disclosures of Funding Decisions. HUD's regulation implementing section
103 of the HUD Reform Act, codified as 24 CFR part 4, applies to the
funding competition announced today. The requirements of the rule
continue to apply until the announcement of the selection of successful
applicants.
HUD employees involved in the review of applications and in the
making of funding decisions are restrained by part 4 from providing
advance information to any person (other than persons authorized to
receive such information) 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 24 CFR part 4.
Applicants or employees who have ethics-related questions should
contact the HUD Ethics Law Division (202) 708-3815 (voice), (202) 708-
1112 (TTY). (These are not toll-free numbers.) For HUD employees who
have specific program questions, the employee should contact the
appropriate Field Office Counsel or Headquarters Counsel for the
program to which the question pertains.
f. Fair Housing and Equal Opportunity. Applications must contain a
certification that the applicant will 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.
g. Prohibition Against Lobbying Activities. The use of funds
awarded under this NOFA is subject to the disclosure requirements and
prohibition of section 319 of the Department of the Interior and
Related Agencies Appropriations Act for Fiscal Year 1990 (31 U.S.C.
1352) and the implementing regulation at 24 CFR part 87. These
authorities prohibit recipients of Federal contracts, grants, or loans
from using appropriated funds for lobbying the
[[Page 19865]]
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 and 7 CFR part 1944, subpart
G, 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.
Indian Housing Authorities (IHAs) established by an Indian tribe as
a result of the exercise of the tribe's sovereign power are excluded
from coverage of the Byrd Amendment, but IHAs established under State
law are not excluded from the statute's coverage.
Required Reporting. A certification is required at the time
application for funds is made that federally-appropriated funds are not
being or have not been used in violation of section 319 and the
disclosure will be made of payments for lobbying with other than
federally-appropriated funds. Also, there is a standard disclosure
form, SF-LLL, ``Disclosure Form to Report Lobbying'', which must be
used to disclose lobbying with other than federally-appropriated funds
at the time of application.
h. Drug-Free Workplace. The Drug-Free Workplace Act of 1988 (41
U.S.C. 701) requires grantees of Federal agencies to certify that they
will provide drug-free workplaces. Each potential recipient under this
NOFA must certify that it will comply with the drug-free workplace
requirements of the Drug-Free Workplace Act of 1988 and HUD's
implementing regulation at 24 CFR part 24, subpart F.
i. Catalog of Federal Domestic Assistance. The Catalog of Federal
Domestic Assistance number is 14.243.
Dated: April 16, 1997.
Jacquie M. Lawing,
Acting Assistant Secretary for Community Planning and Development.
CPD Field Offices
CPD Division Director, Alabama State Office, Suite 300, 600 Beacon
Parkway West, Birmingham, AL 35209-3144
CPD Division Director, Alaska State Office, Suite 401, 949 East 36th
Avenue, Anchorage, AK 99508-4399
CPD Division Director, Arizona State Office, Two Arizona Center, Suite
1600, 400 North Fifth Street, Phoenix, AZ 85004-2361
CPD Division Director, Buffalo Area Office, Lafayette Court, 465 Main
Street, Fifth Floor, Buffalo, NY 14203-1780
CPD Division Director, California State Office, 450 Golden Gate Avenue,
San Francisco, CA 94102-3448
CPD Division Director, Caribbean Office, 159 Carlos Chardon Ave., San
Juan, PR 00918-1804
CPD Division Director, Colorado State Office, First Interstate Tower
North, 633 17th Street, Denver, CO 80202-3607
CPD Division Director, Connecticut State Office, First Floor, 330 Main
Street, Hartford, CT 06106-1860
CPD Division Director, District of Columbia Office, Room 300, 820 First
Street, NE., Washington, DC 20002-4205
CPD Division Director, Florida State Office, Suite 500, 1320 South
Dixie Hwy., Coral Gables, FL 33164-2911
CPD Division Director, Georgia State Office, Russell Federal Building,
75 Spring Street, SW., Atlanta, GA 30303-3388
CPD Division Director, Hawaii State Office, 7 Waterfront Plaza, 500 Ala
Moana Blvd., Honolulu, HI 96813-4918
CPD Division Director, Illinois State Office, 77 West Jackson Blvd.,
Chicago, IL 60604-3507
CPD Division Director, Indiana State Office, 151 North Delaware Street,
Indianapolis, IN 46204-2526
CPD Division Director, Jacksonville Area Office, Southern Bell Tower,
301 West Bay Street, Jacksonville, FL 32202-5121
CPD Division Director, Kansas/Missouri State Office, Gateway Tower II,
400 State Avenue, Room 200, Kansas City, KS 66101-2406
CPD Division Director, Kentucky State Office, P.O. Box 1044, 601 W.
Broadway, Louisville, KY 40201-1044
CPD Division Director, Knoxville Area Office, 710 Locust Street,
Knoxville, TN 37902-2526
CPD Division Director, Los Angeles Area Office, 611 W. Sixth St., STE
800, Los Angeles, CA 90017
CPD Division Director, Louisiana State Office, 9th Floor, Hale Boggs,
501 Magazine Street, New Orleans, LA 70130-3099
CPD Division Director, Maryland State Office, City Crescent Building,
10 South Howard Street, Baltimore, MD 21201-2505
CPD Division Director, Massachusetts State Office, Room 531, 10
Causeway Street, Boston, MA 02222-1092
Manchester Office (CPD Division), Massachusetts State Office, Room 531,
10 Causeway Street, Boston, MA 02222-1092
CPD Division Director, Michigan State Office, Patrick McNamara
Building, 477 Michigan Avenue, Detroit, MI 48226-2592
CPD Division Director, Minnesota State Office, 220 Second St. South,
Minneapolis, MN 55401-2195
CPD Division Director, Mississippi State Office, Room 910, 100 West
Capitol Street, Jackson, MS 39269-1096
CPD Division Director, Nebraska State Office, 10909 Mill Valley Road,
Omaha, NE 68154-3955
CPD Division Director, New Hampshire State Office, Norris Cotton
Federal Bldg., 275 Chestnut Street, Manchester, NH 03101-2487
CPD Division Director, New Jersey State Office, 13th Floor, One Newark
Center, Newark, NJ 07102-5260
CPD Division Director, New Mexico State Office, 625 Truman Street,
N.E., Albuquerque, NM 87110-6443
CPD Division Director, New York State Office, 26 Federal Plaza, New
York, NY 07102-5260
CPD Division Director, North Carolina Office, Koger Building 2306 West
Meadowview Road, Greensboro, NC 27407-3707
CPD Division Director, Ohio State Office, 200 North High Street,
Columbus, OH 43215-2499
CPD Division Director, Oklahoma State Office, Suite 400, 500 Main
Place, Oklahoma City, OK 73102
CPD Division Director, Oregon State Office, Suite 700, 400 Southwest
Sixth Avenue, Portland, OR 97204-1632
CPD Division Director, Pennsylvania State Office, The Wannamaker
Building, 100 Penn Square East, Philadelphia, PA 19107-3390
CPD Division Director, Pittsburgh Area Office, Sixth Floor 339 Sixth
Avenue, Pittsburgh, PA 15222-2515
CPD Division Director, San Antonio Area Office, Washington Square, 800
Dolorosa Street, San Antonio, TX 78207
CPD Division Director, South Carolina State Office, Building 1835, 45
Assembly Street, Columbia, SC 29201-2480
CPD Division Director, St. Louis Area Office, Third Floor 1222 Spruce
Street, St. Louis, MO 63103-2836
CPD Division Director, Texas State Office, 1600 Throckmorton, Fort
Worth, TX 76113-2905
CPD Division Director, Virginia State Office, 3600 West Broad Street,
Richmond, VA 23230-0331
CPD Division Director, Washington State Office, Suite 200, 909 1St
Avenue, Seattle, WA 98104-1000
CPD Division Director, Wisconsin State Office, Suite 1380, 310 West
Wisconsin Avenue, Milwaukee, WI 53203-2289
[[Page 19866]]
CPD Division Director, Arkansas State Office, TCBY Tower, 425 West
Capitol Ave., Ste 900, Little Rock, AR 72201-3488
[FR Doc. 97-10446 Filed 4-22-97; 8:45 am]
BILLING CODE 4210-29-P
