95-8548. Office of the Assistant Secretary for Policy Development and Research; Joint Community Development Program  

  • [Federal Register Volume 60, Number 67 (Friday, April 7, 1995)]
    [Notices]
    [Pages 17960-17965]
    From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
    [FR Doc No: 95-8548]
    
    
    
    
    [[Page 17959]]
    
    _______________________________________________________________________
    
    Part V
    
    
    
    
    
    Department of Housing and Urban Development
    
    
    
    
    
    _______________________________________________________________________
    
    
    
    Joint Community Development Program; Notice
    
    Federal Register / Vol. 60, No. 67 / Friday, April 7, 1995 / Notices 
     
    [[Page 17960]] 
    
    DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
    
    [Docket No. N-95-3907; FR-3870-N-01]
    
    
    Office of the Assistant Secretary for Policy Development and 
    Research; Joint Community Development Program
    
    AGENCY: Office of the Assistant Secretary for Policy Development and 
    Research, HUD.
    
    ACTION: Notice of Funding Availability (NOFA) for FY 1995.
    
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    SUMMARY: This notice announces the availability of up to $12 million of 
    FY 1994 and FY 1995 special purpose grant funding for the Joint 
    Community Development Program (referred to in this Notice as the Joint 
    CD Program). The Joint CD Program, authorized by Title I of the Housing 
    and Community Development Act of 1974, and as amended by the Housing 
    and Community Development Act of 1992, provides special purpose grants 
    to institutions of higher education or to States and units of general 
    local government submitting applications with institutions of higher 
    education to HUD to undertake Community Development Block Grant 
    eligible activities.
        For this funding round, HUD seeks to support approximately four to 
    five Centers for Community Revitalization at institutions of higher 
    education. These Centers, funded at up to $3 million, will undertake 
    large-scale, multi-phased, multi-year local community revitalization 
    and community building activities. Funded Centers can assist 
    neighborhoods or entire localities. Institutions of higher education 
    are required to apply on their own, rather than submitting jointly with 
    a State or unit of general local government. However, institutions are 
    encouraged to form partnerships with units of general local government 
    by making part of this funding available to these governments. 
    Institutions will be expected to show not only that they have 
    demonstrated capacity to undertake community development activities, 
    but also that they currently have, or can readily obtain, the capacity 
    to implement a large-scale, multi-phased, multi-year community 
    revitalization agenda.
        Additional funding for development projects undertaken through the 
    Joint CD program will be available from the Structured Employment 
    Economic Development Corporation (Seedco), a national nonprofit 
    community development support organization. In 1986, Seedco received 
    major funding from the Ford Foundation for the National Urban 
    Institutions Program, aimed at revitalizing low-income neighborhoods 
    through partnerships embracing community-based groups, anchor public 
    benefit institutions such as universities and hospitals, and other key 
    organizations including local foundations. Seedco has begun additional 
    neighborhood revitalization programs in a total of 38 cities with the 
    financial support of several philanthropic foundations, socially 
    responsible corporate investors, and HUD. Seedco will make available a 
    total of up to $2 million in low-interest rate ``gap'' financing for 
    eligible community revitalization projects undertaken in cooperation 
    with the Centers funded under this NOFA. Only nonprofit tax-exempt 
    community-based organizations can be the recipients of Seedco loans.
        The NOFA contains information concerning:
        (1) The purpose of the NOFA and information on the funding 
    available, objectives, eligible applicants and activities, and 
    selection criteria;
        (2) The application process, including how to apply and how 
    selections will be made; and
        (3) A checklist of application submission requirements.
    
    DATES: Application kits may be requested on or after April 26, 1995 
    from the address set forth below under ADDRESSES.
        Applications must be physically received by the Office of 
    University Partnerships, Office of Policy Development and Research, 
    U.S. Department of Housing and Urban Development, in care of the 
    Division of Budget, Contracts, and Program Control, in Room 8230 by 
    4:30 p.m. Eastern Standard Time on July 5, 1995. Applications faxed to 
    this address will not be accepted. The above-stated application 
    deadline is firm as to date, hour, and place. In the interest of 
    fairness to all competing applicants, the Department will treat as 
    ineligible for consideration any application that is received after the 
    deadline. Applicants should take this practice into account and make 
    early submission of their materials to avoid any risk of loss of 
    eligibility brought about by unanticipated delays or other delivery-
    related problems.
    
    ADDRESSES: To obtain a copy of the application kit, contact: HUD USER, 
    ATTN: Joint CD Program, P.O. Box 6091, Rockville, Maryland 20850. 
    Requests for application kits must be in writing, but requests may be 
    faxed to: 301-251-5747. (This is not a toll free number.) Requests for 
    application kits must include the applicant's name, mailing address 
    (including zip code), telephone number (including area code) and must 
    refer to document ``FR-3870.''
    
    FOR FURTHER INFORMATION CONTACT: Jane Karadbil, Office of University 
    Partnerships in the Office of Policy Development and Research, 
    Department of Housing and Urban Development, 451 Seventh Street, S.W., 
    Room 8110, Washington, DC 20410. Telephone number (202) 708-1537; TDD 
    Number (202) 708-1455. (These are not toll-free numbers.) Ms. Karadbil 
    can also be contacted via Internet at [email protected]
    
    SUPPLEMENTARY INFORMATION:
    
    Paperwork Reduction Act Statement
    
        The information collection requirements contained in this notice 
    have been approved by the Office of Management and Budget (OMB) under 
    section 3504(h) of the Paperwork Reduction Act of 1980 (44 U.S.C. 3501-
    3520), and assigned OMB control number 2535-0084.
    
    I. Purpose and Substantive Description
    
    Purpose
    
        This program is designed to assist institutions of higher 
    education, on their own or with States and units of general local 
    government, to expand their role and effectiveness in addressing local 
    community development problems.
    
    Objectives
    
        The objective of this funding round is to nurture and sustain the 
    capacity of institutions of higher education to engage in local 
    community revitalization and community building activities. HUD seeks 
    to support entities that will have the capacity to undertake such 
    activities over the long term. Thus, HUD has decided to use this 
    funding round to support a small number of Centers for Community 
    Revitalization, rather than a larger number of small development 
    projects. These Centers can assist neighborhoods or entire localities. 
    They can be new or existing entities. Institutions will be expected to 
    show not only that they have demonstrated capacity to undertake 
    community development activities, but also that they currently have, or 
    can readily obtain, the capacity to implement a large-scale, multi-
    phased, multi-year community revitalization agenda in concert with 
    their local communities. These agendas should both result in measurable 
    benefits to their communities and enable the Centers to build the 
    capacity they need to institutionalize their role in future local 
    community revitalization activities.
    
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        In addition, Seedco, a national nonprofit community development 
    support organization specializing in forging partnerships between urban 
    institutions (such as colleges, universities, and medical centers), 
    will make available a total of up to $2 million in low-interest rate 
    ``gap'' financing for eligible community revitalization projects 
    undertaken in cooperation with the Centers funded under this NOFA.
    A. Authority
        This program is authorized under section 801(c)(2) of the Housing 
    and Community Development Act of 1992 (Pub. L. 102-550, approved 
    October 28, 1992), which amended section 107 of Title I of the Housing 
    and Community Development Act of 1974 (42 U.S.C. 5301 et seq.) to add a 
    new category of special purpose grants. The program is governed by 
    regulations contained in 24 CFR 570.411.
    B. Allocation Amounts and Form of Award
        This notice announces HUD's intention to award up to $12 million 
    (from the FY 1994 and FY 1995 appropriations) to fund approximately 
    four to five Centers. The maximum amount awarded to any applicant will 
    be $3 million. Because of the multi-phase nature of the projects the 
    Centers will undertake, grant funds will be available until expended. 
    The loans made available through Seedco will be made after grant award 
    at a point when they are needed for development activities. In response 
    to this NOFA, an applicant should submit only a general description of 
    the Seedco loan requirements associated with the Center's project(s).
    C. Eligibility
    1. Eligible Applicants.
        Under this funding round, only institutions of higher education 
    with demonstrated capacity to carry out eligible activities under Title 
    I may apply. Consortia of institutions of higher education are not 
    eligible to apply for this funding round. However, institutions are 
    encouraged to engage units of general local government to undertake 
    development activities. Institutions can use up to 20 percent of the 
    grant funds to establish and maintain Centers and assist localities in 
    planning projects. Institutions may also use the remaining part of the 
    grant for other CDBG eligible activities. However, they are encouraged 
    to involve their appropriate units of general local government by 
    making available to these governments as much of the funding as is 
    feasibly possible. Units of general local government can pass these 
    funds through to others, including community-based organizations. The 
    only entities eligible to receive the Seedco loans are nonprofit tax-
    exempt community-based organizations undertaking development projects 
    in cooperation with the Centers.
        Demonstrated capacity to carry out eligible activities means recent 
    satisfactory performance by the institution of higher education's staff 
    designated to work on the program, including subrecipients and 
    consultants firmly committed to work on the proposed activities, in 
    Title I programs or similar programs without the need for oversight by 
    a State or unit of general local government.
        Institution of higher education means a college or university 
    granting 4-year degrees and accredited by a national or regional 
    accrediting agency recognized by the U.S. Department of Education.
    2. Eligible Activities.
        Activities that may be funded under this section are those eligible 
    under 24 CFR part 570--Community Development Block Grants, subpart C--
    Eligible Activities. Activities may be designed to assist residents of 
    colonias, as defined in Section 916(d) of the Cranston-Gonzalez 
    National Affordable Housing Act (Pub. L. 101-625), to improve living 
    conditions and standards within colonias.
        Applicants are expected to propose a large-scale, multi-phased, 
    multi-year strategy for addressing local community revitalization 
    needs. The strategy can focus on one neighborhood, several 
    neighborhoods, or the entire locality. The applicant may also choose to 
    assist more than one locality. In this case, activities are limited to 
    a central city and one contiguous jurisdiction. For example, an 
    applicant could work with its unit of general local government on 
    rebuilding a neighborhood, including housing rehabilitation, job 
    training, and education. An applicant could work with its local school 
    district on a multi-faceted approach involving all levels of the public 
    schools in order to prevent youths from dropping out of school. An 
    applicant could work with its central city and a contiguous suburb on 
    developing affordable housing. Or an applicant could work with several 
    localities to implement a strategic economic development plan for the 
    region. If any applicant proposes to work in multiple jurisdictions, it 
    must demonstrate the benefits to all jurisdictions involved. Because of 
    the size of these grants, applicants are expected to propose programs 
    which will have a measurable, substantive, and long-term impact on the 
    communities they assist. Applicants will also be expected to use these 
    programs as a vehicle for developing the capacity to sustain the Center 
    in conducting similar work over the long term.
        For the Seedco loans, eligible activities include affordable 
    housing, business development or expansion, and economic development 
    projects including social services, health, education, and other 
    similar facilities.
        While Seedco loans will be available for eligible activities, 
    applicants should understand that they are not required to develop 
    projects involving Seedco loans, nor will selection be based on the 
    inclusion or exclusion of such activities in an application.
        Applicants must ensure that all project activities meet one of the 
    national objectives of the Community Development Block Grant program, 
    as described in 24 CFR 570.200. Applicants are also bound by the 
    statutory requirement that not more than 20 percent of the total grant 
    be spent on planning and administration. The 15 percent public service 
    limitation, applicable to units of general local government, is not 
    applicable to institutions of higher education who may, thus, choose to 
    spend any portion of the grant on public service activities.
        The use of grant funds awarded under this NOFA to pay Seedco to 
    provide technical assistance or any other needed services will be an 
    ineligible activity. It should be noted that this restriction is 
    imposed solely to prevent any appearance of a conflict of interest, 
    since Seedco is a partner to HUD in this joint venture, and is not 
    intended to single out Seedco for any other reason.
    3. Environmental Review
        (a) General information. Joint community development planning and 
    institution building activities are not subject to environmental review 
    procedures, but proposed physical development must be reviewed for 
    environmental impact. Physical development includes acquisition, 
    rehabilitation, conversion, lease, repair, demolition or construction 
    of property. Since the application will identify general locations of 
    joint community development activities rather than specific sites to be 
    assisted, the environmental review procedures will not be conducted 
    until specific sites for physical development (if any) are identified 
    by the grant recipient. Any activities which require an environmental 
    review cannot be undertaken, nor any grant funds expended on these 
    activities, until such [[Page 17962]] reviews are completed. Grants 
    will be made conditional upon the performance of environmental review 
    and no grant funds for physical development of specific sites can be 
    drawn down until these reviews are completed. Applicants who anticipate 
    the use of the grant for physical development of specific sites are 
    encouraged to select hazard-free and problem-free properties for their 
    joint community development activities.
        (b) Environmental assurance. Applications shall contain an 
    assurance that the applicant agrees to assist HUD to comply with the 
    environmental laws and authorities at 24 CFR part 50, and that the 
    applicant will (i) supply HUD with information necessary for HUD to 
    perform any necessary environmental review of each property; (ii) carry 
    out mitigating measures required by HUD or select alternate eligible 
    property; and (iii) not acquire, rehabilitate, convert or demolish, 
    lease, repair or construct or otherwise carry out any program 
    activities with respect to any eligible site or property, until HUD 
    environmental clearance for the site or property is received.
        (c) Environmental procedures and standards. HUD shall determine 
    whether a NEPA environmental assessment is required. Also HUD shall 
    determine whether the proposed property triggers thresholds for the 
    applicable Federal environmental laws and authorities listed at 24 CFR 
    50.4 as follows:
        (1) For minor rehabilitation of a building and any property 
    acquisition (including lease), Federal environmental laws and 
    authorities may apply when the property is: (i) Located within 
    designated coastal barriers; (ii) Contaminated by toxic chemicals or 
    radioactive materials; (iii) Located within a floodplain; (iv) A 
    building for which flood insurance protection is required; (v) Located 
    within a runway clear zone at a civil airport or within a clear zone or 
    accident potential zone at a military airfield; (vi) Listed on, or 
    eligible for listing on, the National Register of Historic Places; 
    located within, or adjacent to an historic district, or is a property 
    whose area of potential effects includes a historic district or 
    property;
        (2) For major rehabilitation of a building and also for substantial 
    improvement in floodplains, in addition to paragraphs (c) (i) through 
    (vi) of this section, other Federal environmental laws and authorities 
    may apply when the property: (i) Has significant impact to the human 
    environment; (ii) Is a project involving five or more dwelling units 
    severely noise-impacted; (iii) Affects coastal zone management.
        (3) For new construction, conversion or increase in dwelling unit 
    density, in addition to paragraphs (c)(1) (i) through (vi) and 
    paragraphs (c)(2) (i) through (iii) of this section, other Federal 
    environmental laws and authorities may apply when the property: (i) Is 
    located near hazardous industrial operations handling fuels or 
    chemicals of an explosive or flammable nature; (ii) Affects a sole 
    source aquifer; (iii) Affects endangered species; or (iv) Is located 
    within a designated wetland.
        (d) Minor rehabilitation means proposed fixing and repairs: (i) 
    Whose estimated cost is less than 75 percent of the property value 
    after completion; (ii) That does not involve changes in land use from 
    residential to nonresidential, or from nonresidential to residential; 
    (iii) That does not involve the demolition of one or more buildings, or 
    parts of a building, containing the primary use served by the property; 
    and (iv) That does not increase unit density more than 20 percent.
        (e) Responsibility for compliance. HUD shall conduct the 
    environmental review in accordance with 24 CFR part 50. Another 
    agency's environmental review--including a review prepared by a state, 
    local, or tribal government authorized under 24 CFR part 58--may be 
    adopted in cases where HUD has obtained such other review and confirmed 
    that the previous review covers the issues that require environmental 
    review under this 24 CFR 50.
    
    II. Selection Process
    
    A. General
    
        Applications for funding under this NOFA will be evaluated 
    competitively, and points will be awarded as specified in the Selection 
    Factors section below. Seedco will serve as a technical advisor to HUD 
    in the application review process, reviewing applications and providing 
    advice to HUD on the feasibility of proposed development projects. 
    However, authority to select Joint CD grantees will rest solely with 
    HUD. After points have been assigned based on the factors, all 
    applications will be put in rank order. Applications will then be 
    funded in rank order until all funds have been exhausted. However, in 
    order to be funded, an application must receive a minimum score of 70. 
    HUD reserves the right to fund all or portions of the proposed 
    activities identified in each application, based on eligibility of the 
    proposed activities. If more than 50 percent of the amount requested in 
    the application is for ineligible activities, the application will not 
    be funded.
        If two or more applications have the same number of points, the 
    application with the most points for selection factor (3), 
    ``Institutionalization of the community building partnership,'' shall 
    be selected. If there is still a tie, the application with the most 
    points for selection factor (5) ``Match,'' shall be selected.
        If the amount of funds remaining after funding as many of the 
    highest ranking applications as possible is insufficient for the next 
    highest ranking application, HUD shall determine (based upon the 
    proposed activities) if it is feasible to fund part of the application 
    and offer a smaller grant to the applicant. If HUD determines that 
    given the proposed activities a smaller grant amount would make the 
    activities infeasible, or if the applicant turns down the reduced grant 
    amount, HUD shall make the same determination for the next highest 
    ranking application until all applications with scores of at least 70 
    points or available funds have been exhausted.
        If HUD receives an insufficient number of applications to award all 
    funds, or if funds remain after HUD selects all approvable 
    applications, HUD may negotiate increased amounts of grant awards. 
    Increased grants will be offered in rank order to applicants with 
    scores of at least 70 points.
    B. Geographic Distribution
    
        HUD reserves the right to make selections out of rank order to 
    provide for a geographic distribution of funded projects. If HUD 
    decides to implement this option, it will select at least one project 
    in each Federal Census Region.
    
    C. Negotiations
    
        HUD requires that all successful applicants participate in 
    negotiations to determine the specific terms of the Statement of Work 
    and grant budget (see IV.A.4). In cases where HUD cannot successfully 
    conclude negotiations, awards will not be made. In such instances, HUD 
    may elect to offer an award (in an amount not to exceed the amount of 
    remaining funds available for the competition) to the next highest 
    ranking applicant and proceed with negotiations as described above.
    
    D. Optional Match
    
        Although applicants are not required to provide a match in order to 
    qualify for funding, those that do will be at a competitive advantage 
    (see section II.E.5).
    
    E. Selection Factors
    
        HUD will use the following criteria to rate and rank applications 
    received in [[Page 17963]] response to this NOFA. The factors and 
    maximum points for each factor are provided below. The maximum number 
    of points is 100.
        Rating of the ``applicant'' or the ``applicant's organization and 
    staff,'' unless otherwise specified, will include any subrecipients and 
    consultants which are firmly committed to the project.
    1. Addressing the Objectives (Maximum Points: 25)
        The extent to which the applicant addresses the objectives of this 
    program as stated in paragraph I above. Applicants must address how the 
    proposed activities will both revitalize some aspect of the 
    locality(ies) being assisted (e.g., for a pressing urban problem such 
    as housing, education, or crime prevention or for a neighborhood) while 
    at the same time building long-term institutional capacity for the 
    Center to undertake other community revitalization activities.
        In rating this factor, the Department will consider:
        a. The extent to which the applicant demonstrates that the proposed 
    activities and program will expand its role and effectiveness in 
    addressing community revitalization/development needs in the 
    locality(ies) being assisted. The applicant should explain its current 
    role in community revitalization and how that role would change and be 
    enhanced as a result of this grant. The applicant should also describe 
    the process or rationale used to determine that the activities selected 
    could best ensure this sustainability.
        b. The extent to which the applicant demonstrates how the proposed 
    activities will make a substantial contribution to achieving local 
    community revitalization/development objectives. The applicant should 
    identify measurable results expected to be achieved from undertaking 
    the proposed activities.
        c. The extent to which institutionalization of the proposed 
    functions at the college or university will occur.
        d. The extent to which there is non-Federal (e.g., State and local 
    government, private sector, or foundation) interest in sustaining the 
    Center, e.g., in the form of pledges for future funding or 
    identification of future projects to be undertaken.
    2. Impact of the Project (Maximum Points: 20)
        The extent to which participation of the Center in these activities 
    strengthens the community revitalization activities of the 
    locality(ies) being assisted.
        In rating this factor, the Department will consider the extent to 
    which the Center is innovative or defines a role for itself which does 
    not duplicate or substitute for the work of any other entity serving 
    the community.
    3. Institutionalization of the Community Building Partnership (Maximum 
    Points: 10)
        The extent to which the applicant demonstrates that the proposed 
    project will result in the institutionalization of a community building 
    partnership between the institution of higher education and the local 
    community.
        In rating this factor, HUD will consider:
        a. The extent to which the Center results in a formalization of a 
    long-term partnership with the unit of general local government, 
    including the extent to which funds will be made available to the unit 
    of general local government(s).
        b. The extent to which the Center results in the creation or 
    continuance of a structure within the institution of higher education 
    to undertake community revitalization and community building 
    activities.
    4. Management Approach (Maximum Points: 20)
        The extent to which the applicant demonstrates that the proposed 
    management approach will enable the applicant to achieve the objectives 
    in section I.
        In rating this factor, the Department will consider:
        a. The extent to which the applicant's proposed management plan:
        i. Clearly delineates staff responsibilities and accountability for 
    all work required;
        ii. Clearly delineates a multi-phased agenda;
        iii. Presents a work plan with a clear and feasible schedule for 
    conducting all project tasks; and
        iv. Presents a reasonable and adequate planned budget as reflected 
    in the budget by task and supporting rationale and justification for 
    the budget.
        b. The extent to which the institution, rather than sub-recipients, 
    is responsible for planning and administration.
    5. Match (Maximum Points: 10)
        The extent to which the applicant demonstrates the financial 
    feasibility of achieving the objectives, including the long-term 
    sustainability of the Center.
        In rating this factor, the Department will consider the extent to 
    which the applicant demonstrates the commitment of matching funds, 
    staffing, services, and other in-kind resources to the project. Maximum 
    points will be awarded to applications that provide a match at least 
    equal to the grant request.
    6. Capacity (Maximum Points: 15)
        The extent to which the applicant demonstrates the capacity to 
    carry out satisfactorily the proposed activities in a timely fashion, 
    including successful performance in carrying out any prior HUD-assisted 
    projects or activities.
        In considering this factor, the Department will consider:
        a. The extent to which the applicant demonstrates how recent and 
    relevant the experiences of the staff proposed to undertake the project 
    are.
        b. The extent to which the applicant demonstrates that its past and 
    current projects funded by HUD and/or other Federal or private sector 
    sources are or have been completed on schedule and have met or are 
    meeting the goals established for that funding.
        c. The extent to which the capacity developed under this grant can 
    sustain the Center over the long term.
        d. The extent to which the applicant demonstrates a commitment to 
    fair housing and equal opportunity, through activities such as support 
    for Minority/Women Owned Businesses or innovative fair housing 
    programs.
    
    III. Application Process
    
    A. Obtaining Applications
    
        To obtain a copy of the application kit, contact: HUD USER, ATTN: 
    Joint CD Program, P.O. Box 6091, Rockville, Maryland 20850. Requests 
    for application kits must be in writing, but requests may be faxed to: 
    301-251-5747 (this is not a toll-free number). Requests for application 
    kits must include the applicant's name, mailing address (including zip 
    code), telephone number (including area code) and must refer to 
    document ``FR-3870''. HUD strongly recommends the use of the fax 
    transmission option to promote accuracy and expedite HUD response time. 
    Application kits may be requested on or after April 26, 1995.
    
    B. Application Deadline
    
        To be considered for funding, the application package must be 
    physically received by the Office of University Partnerships, Office of 
    Policy Development and Research, U.S. Department of Housing and Urban 
    Development, in care of the Division of Budget, Contracts, and Program 
    Control, Room 8230, 451 Seventh Street, SW., Washington, DC 20410 by 
    4:30 p.m. Eastern Standard Time on July 5, 1995. Applications faxed to 
    this address will [[Page 17964]] not be accepted. The application 
    deadline is firm as to date, hour and place. In the interest of 
    fairness to all competing applicants, the Department will treat as 
    ineligible for consideration any application that is received after the 
    deadline. Applicants should take this practice into account and make 
    early submission of their materials to avoid any risk of loss of 
    eligibility brought about by unanticipated delays or other delivery-
    related problems.
    
    IV. Checklist of Application Submission Requirements
    
    A. Application Content
    
        The application kit contains instructions which must be followed in 
    submitting an application. The following is a checklist of the 
    application contents that will be specified in the Request for Grant 
    Applications (the technical term for the application kit):
        (1) Transmittal letter signed by the Chief Executive Officer of the 
    institution;
        (2) OMB Standard Forms 424 (Application for Federal Assistance), 
    Form 424B (Non-Construction Assurances) and Budget Summary;
        (3) Executive summary of the proposed project;
        (4) Statement of Work (no more than 15 pages) which must describe 
    the community(ies) and, if appropriate, neighborhood(s) to be assisted 
    and the tasks or activities that will be undertaken with project funds.
        (5) If the applicant proposes to work in more than one 
    jurisdiction, an explanation of the benefits to all jurisdictions 
    involved.
        (6) Narrative summary of Project Management Work Plan, describing 
    the tasks, schedule, and staff needed to accomplish the project.
        (7) A general description of the kinds of activities for which 
    Seedco assistance would be needed.
        (8) Letters from the appropriate sources attesting to the provision 
    of any matching funds.
        (9) Narrative statement addressing each of the rating factors in 
    Section II.E.
        (10) Where there are any fair housing or civil rights issues, the 
    applicant should address them. The applicant should also address any 
    unresolved civil rights and/or equal opportunity issues that resulted 
    from findings or attempted resolutions with respect to agencies or 
    departments other than HUD, e.g., the Department of Education, the 
    Department of Labor, the Department of Health and Human Services, or 
    the Department of Agriculture, that are known or become known to the 
    applicant.
    
    B. Certifications and Exhibits
    
        Applications must also include the following documents. In the 
    absence of independent evidence which tends to challenge, in a 
    substantial manner, the certifications made by the applicant, the 
    required certifications will be accepted by HUD. However, if 
    independent evidence is available, HUD may require further information 
    or assurances to be submitted in order to determine whether the 
    applicant's certifications are satisfactory.
        (1) Drug-Free Workplace Certification.
        (2) Form SF-LLL, Disclosure of Lobbying Activities, if applicable.
        (3) Form HUD-2280, Applicant/Recipient Disclosure/Update Report.
        (4) A copy of the institution's most recent audit specifying that 
    the applicant's accounting system meets the requirements of OMB 
    Circulars A-21 and A-110 or a letter from the Chief Financial Officer 
    of the applicant's organization stipulating they are in compliance with 
    the requirements of OMB Circulars A-21 and A-110.
        (5) A letter from the chief executive officer or resolution of the 
    governing body of the affected locality or localities in which the 
    activities are to be undertaken that the activities are not 
    inconsistent with the locality's Consolidated Plan (see 24 CFR part 
    91). If the activities will take place in more than one locality, a 
    letter or resolution from each locality should be submitted.
        (6) A certification that the citizens likely to be affected by the 
    project, regardless of race, color, creed, sex, national origin, 
    familial status, or handicap, have been provided an opportunity to 
    comment on the proposal or application.
    
    V. Corrections to Deficient Applications
    
        After the submission deadline date, HUD will screen each 
    application to determine whether it is complete. If an application 
    lacks certain technical items or contains a technical error, such as an 
    incorrect signatory, HUD will notify the applicant in writing that it 
    has 14 calendar days from the date of HUD's written notification to 
    cure the technical deficiency. If the applicant fails to submit the 
    missing material within the 14-day cure period, HUD will disqualify the 
    application.
        This 14-day cure period applies only to non-substantive 
    deficiencies or errors. Any deficiency capable of cure will involve 
    only items not necessary for HUD to assess the merits of an application 
    against the factors specified in this NOFA.
    
    VI. Other Matters
    
    A. Environmental Impact
    
        A Finding of No Significant Impact with respect to the environment 
    has been made in accordance with HUD regulations at 24 CFR part 50, 
    which implement section 102(2)(C) of the National Environmental Policy 
    Act of 1969 (42 USC 4332). The Finding is available for public 
    inspection between 7:30 a.m. and 5:30 p.m. weekdays in the Office of 
    the Rules Docket Clerk, Office of the General Counsel, Department of 
    Housing and Urban Development, Room 10276, 451 Seventh Street, SW., 
    Washington, DC 20410.
    
    B. Federalism Impact
    
        The General Counsel, as the Designated Official under section 6(a) 
    of Executive Order 12612, Federalism, has determined that the policies 
    and procedures contained in this notice will not have substantial 
    direct effects on States or their political subdivisions, or the 
    relationship between the federal government and the States, or on the 
    distribution of power and responsibilities among the various levels of 
    government. As a result, the notice is not subject to review under the 
    Order. Specifically, the notice solicits participation in an effort to 
    provide assistance to institutions of higher education to expand their 
    role in addressing community development needs in their localities and 
    does not impinge upon the relationships between the Federal government 
    and State or local governments.
    
    C. Impact on the Family
    
        The General Counsel, as the Designated Official under Executive 
    Order 12606, The Family, has determined that this notice will likely 
    have a beneficial impact on family formation, maintenance, and general 
    well-being. The assistance to be provided by the funding under this 
    NOFA is expected to help local residents to become self-sufficient by 
    improving living conditions and standards. Accordingly, since the 
    impact on the family is beneficial, no further review is considered 
    necessary.
    
    D. Documentation and Public Access Requirements: HUD Reform Act
    
        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 
    [[Page 17965]] 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. (See 24 CFR 12.14(a) and 
    12.16(b), and the notice published in the Federal Register on January 
    16, 1992 (57 FR 1942), for further information on these requirements.)
    
    E. Prohibition Against Advance Information on Funding Decisions
    
        HUD's regulation implementing section 103 of the HUD Reform Act was 
    published on May 13, 1991 (56 FR 22088) and became effective on June 
    12, 1991. That regulation, codified as 24 CFR part 4, applies to this 
    funding competition. 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 an authorized employee of 
    HUD) concerning funding decisions, or from otherwise giving any 
    applicant an unfair competitive advantage. Persons who apply for 
    assistance in this competition should confine their inquiries to the 
    subject areas permitted under 24 CFR part 4.
        Applicants who have questions should contact the HUD Office of 
    Ethics (202) 708-3815. (This is not a toll-free number.) The Office of 
    Ethics can provide information of a general nature to HUD employees, as 
    well. However, a HUD employee who has specific program questions, such 
    as whether particular subject matter can be discussed with persons 
    outside the Department, should contact his or her field Counsel, or 
    Headquarters counsel for the program to which the question pertains.
    
    F. Prohibition Against Lobbying of HUD Personnel
    
        Section 13 of the Department of Housing and Urban Development Act 
    (42 U.S.C. 3537b) contains two provisions dealing with efforts to 
    influence HUD's decisions with respect to financial assistance. The 
    first imposes disclosure requirements on those who are typically 
    involved in these efforts--those who pay others to influence the award 
    of assistance or the taking of a management action by the Department 
    and those who are paid to provide the influence. The second restricts 
    the payment of fees to those who are paid to influence the award of HUD 
    assistance, if the fees are tied to the number of housing units 
    received or are based on the amount of assistance received, or if they 
    are contingent upon the receipt of assistance.
        Section 13 was implemented by final rule published in the Federal 
    Register on May 17, 1991 (56 FR 22912). The final rule is codified at 
    24 CFR part 86. If readers are involved in any efforts to influence the 
    Department in these ways, they are urged to read part 86, particularly 
    the examples contained in Appendix A of the regulation.
        Any questions about the rule should be directed to the Office of 
    Ethics, Room 2158, Department of Housing and Urban Development, 451 
    Seventh Street, SW., Washington, DC 20410-3000. Telephone: (202) 708-
    3815 TDD: (202) 708-1112. These are not toll-free numbers. Forms 
    necessary for compliance with the rule may be obtained from the local 
    HUD office.
    
    G. Prohibition Against Lobbying Activities
    
        The use of funds awarded under this NOFA is subject to the 
    disclosure requirements and prohibitions of Section 319 of the 
    Department of Interior and Related Agencies Appropriations Act for 
    Fiscal Year 1990 (31 U.S.C. 1352) and the implementing regulations at 
    24 CFR part 87. These authorities prohibit recipients of federal 
    contracts, grants, or loans from using appropriated funds for lobbying 
    the Executive or Legislative Branches of the Federal Government in 
    connection with a specific contract, grant, or loan. The prohibition 
    also covers the awarding of contracts, grants, cooperative agreements, 
    or loans unless the recipient has made an acceptable certification 
    regarding lobbying. Under 24 CFR part 87, applicants, recipients, and 
    subrecipients of assistance exceeding $100,000 must certify that no 
    federal funds have been or will be spent on lobbying activities in 
    connection with the assistance.
    
        Authority: Section 107 of Title I, Housing and Community 
    Development Act of 1974 (42 U.S.C. 5301 et seq.; section 801(c)(2) 
    of the Housing and Community Development Act of 1990 (Pub. L. 102-
    550, approved October 28, 1992).
    
        Dated: March 30, 1995.
    Michael A. Stegman,
    Assistant Secretary for Policy Development and Research
    [FR Doc. 95-8548 Filed 4-6-95; 8:45 am]
    BILLING CODE 4210-62-P
    
    

Document Information

Published:
04/07/1995
Department:
Housing and Urban Development Department
Entry Type:
Notice
Action:
Notice of Funding Availability (NOFA) for FY 1995.
Document Number:
95-8548
Dates:
Application kits may be requested on or after April 26, 1995
Pages:
17960-17965 (6 pages)
Docket Numbers:
Docket No. N-95-3907, FR-3870-N-01
PDF File:
95-8548.pdf