[Federal Register Volume 64, Number 95 (Tuesday, May 18, 1999)]
[Notices]
[Pages 27120-27135]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-12518]
[[Page 27119]]
_______________________________________________________________________
Part IV
Department of Housing and Urban Development
_______________________________________________________________________
FY 1999 Super Notice of Funding Availability (SuperNOFA); Notice of
Extension of Application Deadline for Applicants in Oklahoma and Kansas
Disaster Areas for Continuum of Care Homeless Assistance, Housing
Counseling and Section 202 and Section 811 Programs; and Clarification
to Sections 202 and 811 Programs
Federal Register / Vol. 64, No. 95 / Tuesday, May 18, 1999 /
Notices
[[Page 27120]]
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
[Docket No. FR-4410-C-03]
FY 1999 Super Notice of Funding Availability (SuperNOFA); Notice
of Extension of Application Deadline for Applicants in Oklahoma and
Kansas Disaster Areas for Continuum of Care Homeless Assistance,
Housing Counseling and Section 202 and Section 811 Programs; and
Clarification to Sections 202 and 811 Programs
AGENCY: Office of the Secretary, HUD.
ACTION: Notice.
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SUMMARY: On February 26, 1999, HUD published its Fiscal Year (FY) 1999
Super Notice of Funding Availability (SuperNOFA) for HUD's Housing,
Community Development, and Empowerment programs. This notice extends
the application due date for applicants in certain counties of
Oklahoma, Kansas and Texas (designated as disaster areas as a result of
the tornados in early May 1999) who are seeking funding under the
following SuperNOFA Programs: Continuum of Care Homeless Assistance,
Housing Counseling, Section 202 Program of Supportive Housing for the
Elderly and Section 811 Program of Supportive Housing for Persons with
Disabilities. This notice also (1) republishes the Introduction and
General Section of the FY 1999 SuperNOFA to reflect recent changes,
such as the change in application due dates for the programs listed
above, and the publication of a new Public Housing Drug Elimination
NOFA, and (2) clarifies certain provisions of the Section 202 and
Section 811 Programs.
DATES: The application due date for Continuum of Care Homeless
Assistance Program applicants located in the disaster counties as
identified in this notice is July 8, 1999. For all other Continuum of
Care Homeless Assistance Program applicants, the due date remains June
2, 1999.
The application due date for the Housing Counseling Program for
applicants located in the disaster counties identified in this notice
is June 24, 1999. For all other Housing Counseling applicants, the
application due date remains May 25, 1999.
The application due date for Section 202 Program applicants and
Section 811 Program applicants located in the disaster counties
identified in this notice is June 29, 1999. For all other Section 202
Program applicants and Section 811 Program applicants, the application
due date remains May 27, 1999.
FOR FURTHER INFORMATION CONTACT: For the programs listed in this
notice, please contact the office or individual listed in the For
Further Information portion of the section of the individual programs
that are part of the SuperNOFA, published on February 26, 1999 at 64 FR
9618.
SUPPLEMENTARY INFORMATION:
I. Background
On February 26, 1999 (64 FR 9618), HUD published its FY 1999
SuperNOFA for HUD's Housing, Community Development, and Empowerment
programs. The FY 1999 SuperNOFA announced the availability of
approximately $2.4 billion in HUD program funds covering 32 grant
programs and program components administered by the following HUD
offices: the Office of Community Planning and Development (CPD); the
Office of Housing-Federal Housing Administration (FHA); the Office of
Public and Indian Housing (PIH); the Office of Policy Development and
Research (PD&R); the Office of Fair Housing and Equal Opportunity
(FH&EO); and the Office of Lead Hazard Control. On April 27, 1999 (64
22634), HUD published a notice that extended the application deadlines
of two programs (HOPE VI and FHIP) and made certain corrections and
clarifications to four programs (FHIP, Lead-Based Hazard Control
Program, Section 202 Supportive Housing for the Elderly Program; and
Section 811 Supportive Housing for Persons with Disabilities Program).
The purpose of this notice is to:
(1) Extend the application due date for applicants in certain
counties in the States of Oklahoma, Kansas and Texas, that have been
designated disaster areas (as a result of the tornados in early May
1999) who are seeking funding under the following SuperNOFA
programs: Continuum of Care Homeless Assistance, Housing Counseling,
Section 202, and Section 811;
(2) Republish the Introduction and General Section of the FY
1999 SuperNOFA which has been updated and reflects changes, such as
the extended application due date for certain applicants in
specified SuperNOFA programs;
(3) Clarify certain provisions in the Section 202 and Section
811 Programs.
II.A. Extension of Application Due Date for Certain SuperNOFA
Programs for Applicants Affected by Recent Tornado Disasters
Certain programs in the FY 1999 SuperNOFA provide for extended
application deadlines for applicants in counties that have been
designated disaster areas as a result of the tornados in early May
1999, and under the following disaster declarations: FEMA-1272-DR,
FEMA-1273-DR, FEMA-1274-DR. This notice provides the list of counties
designated disaster areas as of May 13, 1999. Additional counties may
be designated as disaster areas a result of the tornados that occurred
in early May 1999. Any additional counties, if designated, will be
posted on HUD's web page (www.hud.gov) and published by Federal
Emergency Management Agency (FEMA) in the Federal Register. As of May
13, 1999, the following counties have been designated disaster areas:
In the State of Oklahoma--Caddo, Canadian, Cleveland,
Craig, Creek, Grady, Kingfisher, LeFlore, Lincoln, Logan, McClain,
Noble, Oklahoma, Ottowa, Pottawatomie and Tulsa counties;
In the State of Kansas--the counties of Reno, Sedgewick,
and Sumner; and
In the State of Texas--the county of Bowie. For these
counties, application due dates for the following SuperNOFA programs
are extended to the dates listed below:
1. Continuum of Care Homeless Assistance Programs. July 8, 1999.
2. Housing Counseling Program. June 24, 1999.
3. Section 202 and Section 811 Programs. June 29, 1999.
For all other applicants, the application due dates for these
programs remain unchanged. For all other SuperNOFA programs (other than
the three programs listed above), the application due dates remain
unchanged. For the convenience of the reader, you may refer to the
funding chart included in this notice.
B. Publication of a new Public Housing Drug Elimination Program NOFA
On May 12, 1999, HUD published in the Federal Register a notice
withdrawing the Public Housing Drug Elimination Program (PHDEP) NOFA
published as part of the FY 1999 SuperNOFA, and published a new PHDEP
NOFA. The withdrawal and reissuance of a PHDEP NOFA is part of HUD's
transition to providing PHDEP funding through formula allocation. On
May 12, 1999, HUD also published a proposed rule to implement the
distribution of PHDEP funding under a non-competitive formula. The
information requested by the May 12, 1999 PHDEP funding will be used by
HUD whether or not funds are distributed competitively, and will reduce
the current reporting burden on applicants. This action is intended to
[[Page 27121]]
prevent an interruption in the funding process while issues related to
the proposed rule are resolved.
The application deadline for the May 12, 1999 PHDEP NOFA is June
16, 1999.
III. Clarification to Section 811 Program
On April 27, 1999 (64 FR 22634), HUD published a Federal Register
notice making certain clarifications and corrections to several of the
program sections in the FY 1999 SuperNOFA, including the program
section for the Section 811 Program of Supportive Housing for Persons
with Disabilities. Among other corrections to the Section 811 Program,
the April 27, 1999 notice provided that to obtain 5 rating points under
Rating Factor 3 (``Soundness of Approach''), at least 51% of a
Sponsor's board must consist of persons with disabilities (including
persons who have disabilities similar to those of the prospective
residents).
The language in the April 27, 1999 notice regarding this correction
to the Section 811 program section of the SuperNOFA was accurate (see
64 FR 22634, 22638). However, the preamble discussion of this
correction was unclear, and might have been incorrectly interpreted to
mean that all Sponsors under the Section 811 Program are required to
have boards with 51% membership consisting of persons with disabilities
(including persons who have disabilities similar to those of the
prospective residents). This notice clarifies that the 51% requirement
only applies for purposes of obtaining 5 points under Rating Factor 3.
IV. Clarification to Section 202 and Section 811 Programs
Section 202 Program. The April 27, 1999 notice amending the FY 1999
SuperNOFA for the Section 202 Program specified that:
(1) If the contract of sale requires closing of the purchase on a
date earlier than the 202 closing, the applicant must escrow the amount
of the purchase price (see 64 FR 22638, middle column); and
(2) If renewal of the option agreement requires a payment or
deposit for renewal, the applicant must escrow the amount of the
payment or deposit (see 64 FR 22638, middle column);
Today's notice clarifies further that for both (1) and (2), the
Section 202 applicant must submit documentation in Exhibit 4(d) of its
application that the amount has been escrowed.
Section 811 Program. The April 27, 1999 notice amending the FY 1999
SuperNOFA for the Section 811 Program specified that:
(1) If the contract of sale requires closing of the purchase on
a date earlier than the 811 closing, the applicant must escrow the
amount of the purchase price (see 64 FR 22638, third column); and
(2) If renewal of the option agreement requires a payment or
deposit for renewal, the applicant must escrow the amount of the
payment or deposit (see 64 FR 22638, third column);
Today's notice clarifies further that for both (1) and (2), the
Section 811 applicant must submit documentation in Exhibit 4(d) of its
application that the amount has been escrowed. Additionally, the
submission is necessary to be eligible for the 5 points for site
control.
V. Introduction and General Section to the FY 1999 SuperNOFA
The Introduction and General Section to the FY 1999 SuperNOFA is
updated and republished for the convenience of applicants for SuperNOFA
programs for which the application periods have not yet closed.
HUD's Fiscal Year 1999 SuperNOFA Process
Background: the Introduction of the SuperNOFA--the FY 98 SuperNOFA
In Fiscal Year 1998, HUD introduced its first SuperNOFA. HUD's FY
1998 SuperNOFA represented a marked departure from, and HUD believes a
significant improvement over, HUD's past approach to the funding
process. Before the FY 1998 SuperNOFA, HUD had issued as many as 40
separate NOFAs. These 40 NOFAs had widely varying rules and application
processing requirements, and were published at various times throughout
the fiscal year. This individual program approach to funding, with
different publication schedules, did not encourage and, at times,
unintentionally interfered with local efforts directed at comprehensive
planning as well as development of comprehensive local solutions.
Additionally, the old approach seemed to require communities to respond
to HUD's needs instead of HUD responding to local needs.
In his first year as Secretary of HUD, Secretary Andrew Cuomo
immediately sought to change this outdated approach to funding.
Secretary Cuomo brought to the leadership of HUD the experience of
successfully implementing a consolidated planning process in HUD's
community development programs. As Assistant Secretary for Community
Planning and Development, Secretary Cuomo consolidated the planning,
application, and reporting requirements of several community
development programs. The Consolidated Plan rule, published in 1995,
established a renewed partnership among HUD, State, and local
governments, public and private agencies, tribal governments, and the
general citizenry by empowering field staff to work with other entities
in fashioning creative solutions to community problems.
HUD's FY 1998 SuperNOFA promoted HUD's objective, under the
direction of Secretary Cuomo, of improving customer service and
providing the necessary tools for revitalizing communities and
improving the lives of people within those communities. The SuperNOFA
increased the ability of applicants to consider and apply for funding
under a wide variety of HUD programs in response to a single NOFA. In
addition to applicants, HUD believes that everyone interested in HUD's
grant programs can benefit from having this information made available
in one document, and that having the information on available funding
one time will facilitate local planning and coordination.
Changes Made in the SuperNOFA Process for FY 1999
One SuperNOFA. For Fiscal Year 1999, HUD is taking the next step of
improving its funding process by issuing one single SuperNOFA. In FY
1998, HUD issued three SuperNOFAs:
(1) The SuperNOFA for HUD's Housing and Community Development
Programs;
(2) The SuperNOFA for HUD's Economic Development and Empowerment
Programs; and
(3) The SuperNOFA for HUD's Targeted Housing and Homeless
Assistance Programs.
HUD's FY 1999 SuperNOFA consolidates the programs in these three
SuperNOFAs into one SuperNOFA--the SuperNOFA for HUD's Housing,
Community Development and Empowerment Programs. The housing component
of this SuperNOFA encompasses many of HUD's housing programs, including
targeted housing and homeless assistance. The community development
component of this SuperNOFA encompasses HUD's economic development
programs, and the empowerment component encompasses HUD's youthbuild
and self-help programs.
Plain Language. In addition to increased consolidation, HUD strived
to make the FY 1999 SuperNOFA simpler and easier to understand. On June
1, 1998, President Clinton issued a memorandum to all Federal agencies
that directs agencies to use plain language in all of their documents.
HUD
[[Page 27122]]
prepared its FY 1999 SuperNOFA to comply with the plain language
principles. These principles include using common, everyday words
(except for necessary technical terms), the active voice and short
sentences.
Earlier Publication and More Time to Prepare Applications. Finally,
HUD is publishing its SuperNOFA earlier than in FY 1998. By publishing
earlier in the Federal Fiscal Year, HUD can provide you, the applicant,
more time to prepare and submit your SuperNOFA application(s).
Program Changes to Note: (1) HOPWA-TA. This year technical
assistance under the Housing Opportunities for Persons with AIDS
(HOPWA) has been consolidated into the Community Development Technical
Assistance (CD-TA) Program section of the SuperNOFA. If you are
interested in applying for this program, please see the CD-TA Program
section.
(2) Youth Sports Program. This year, youth sports activities are
eligible under the PIH Drug Elimination Grant Program.
(3) Possible Formula Funding for Public Housing Drug Elimination
Program. On February 18, 1999, HUD published in the Federal Register an
Advance Notice of Proposed Rulemaking (ANPR) announcing HUD's intention
to develop, through proposed rulemaking, a formula allocation funding
for HUD's Public Housing Drug Elimination Program (PHDEP). The February
18, 1999 ANPR solicits comments in advance of this rulemaking on a
method, components of a method, or methods that would result in
reliable and equitable funding to public housing agencies with drug
elimination programs and ensure that this funding is allocated to
agencies meeting certain performance standards. On May 12, 1999, HUD
published a proposed rule on formula allocation for PHDEP funding. The
May 12, 1999 proposed rule describes HUD's proposal for non-competitive
allocation of PHDEP funds, and solicits public comment. On May 12,
1999, HUD also withdrew the PHDEP NOFA that was part of HUD's FY 1999
SuperNOFA, published on February 26, 1999, and republished a new NOFA
for which the information provided under this May 12, 1999 NOFA will
reduce the current reporting burden on applicants, and will be used by
HUD whether or not funds are distributed competitively.
Similarities Between FY 1998 and FY 1999 SuperNOFAs
The FY 1999 SuperNOFA, like the FY 1998 SuperNOFA, places heavy
emphasis on the coordination of activities to provide:
(1) Greater flexibility and responsiveness in meeting local
housing and community development needs, and
(2) Greater flexibility to applicants to determine what HUD
program resources best fit the community's needs, as identified in
local Consolidated Plans and Analysis of Impediments to Fair Housing
Choice (``Analysis of Impediments'' (AI)).
The FY 1999 SuperNOFA is designed to:
Simplify the application process;
Promote effective and coordinated use of program funds in
communities;
Reduce duplication in the delivery of services and
economic development and empowerment programs;
Allow applicants to seek to deliver a wider, more
integrated array of services; and
Improve the system for potential grantees to be aware of,
and compete for program funds.
Once again, HUD strongly encourages applicants to work together to
coordinate and, to the maximum extent possible, join their activities
to form a seamless and comprehensive program of assistance to meet
identified needs in their communities. This coordination also should
help applicants jointly address barriers to fair housing and equal
opportunity that have been identified in the community's Consolidated
Plan and Analysis of Impediments in the geographic area(s) in which
they are seeking assistance.
As part of the simplification of this funding process, and to avoid
duplication of effort, the SuperNOFA provides for consolidated
applications for several of the programs that are part of this
SuperNOFA. HUD programs that provide assistance for, or complement,
similar activities (for example, the Continuum of Care programs and CPD
Technical Assistance programs) have a consolidated application that
reduces the administrative and paperwork burden applicants would
otherwise encounter in submitting a separate application for each
program. The Program Chart in this introductory section of the
SuperNOFA identifies the programs that have been consolidated and for
which a consolidated application is made available to eligible
applicants. Eligible applicants are able, as they have been in the
past, to apply for funding under as few as one or as many as all
programs for which they are eligible.
The specific statutory and regulatory requirements of the programs
that are part of this SuperNOFA continue to apply to each program. The
SuperNOFA will identify, where necessary, the statutory requirements
and differences applicable to the specific programs. Please pay careful
attention to the individual program requirements that are identified
for each program. Also, you will note that not all applicants are
eligible to receive assistance under all programs identified in this
SuperNOFA.
The SuperNOFA is divided into two major sections. The General
Section of the SuperNOFA describes the procedures and requirements that
are applicable to all applications. The Programs Section of the
SuperNOFA describes each program that is part of this SuperNOFA. For
each program, the Programs Section describes the eligible applicants,
eligible activities, factors for award, and any additional requirements
or limitations that apply to the program.
Please read carefully both the General Section and the Programs
Section of the SuperNOFA for the program(s) to which you are applying.
Your careful reading will ensure that you apply for program funding for
which your organization is eligible to receive funds and you fulfill
all the requirements for that program(s).
The Programs of This SuperNOFA and The Amount of Funds Allocated
The programs that are part of this SuperNOFA are identified in the
chart below. The approximate available funds for each program are
expected funding levels based on appropriated funds. In the event HUD
recaptures funds or other funds become available for any program, HUD
reserves the right to increase the available program funding amounts by
the amount available.
The chart also includes the application due date for each program,
the OMB approval number for the information collection requirements
contained in the specific program, and the Catalog of Federal Domestic
Assistance (CFDA) number.
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Paperwork Reduction Act Statement
The information collection requirements in this SuperNOFA have been
approved by the Office of Management and Budget (OMB) under the
Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520). The chart shown
above provides the OMB approval number for each program that is part of
this SuperNOFA. Where the chart notes that an OMB number is pending,
this means that HUD has submitted the information to OMB to obtain an
approval number and HUD's request for the number is pending. As soon as
HUD receives the approval number, the number will be published in the
Federal Register and provided to the SuperNOFA Information Center.
Under the Paperwork Reduction Act, 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.
General Section of the SuperNOFA
I. Authority; Purposes of the FY 1999 SuperNOFA; Funding Amount;
Eligible Applicants and Eligible Activities
(A) Authority. HUD's authority for making funding under this
SuperNOFA is the Fiscal Year 1999 Department of Veterans Affairs and
Housing and Urban Development and Independent Agencies Appropriations
Act, 1999 (Pub.L. 105-276, 112 Stat. 2461, approved October 21, 1998)
(FY 1999 HUD Appropriations Act).
(B) Purposes. The purposes of this SuperNOFA are to:
(1) Make funding available to empower communities and residents.
The funding made available by this SuperNOFA will assist community
residents, particularly the poor and disadvantaged, to develop viable
communities and provide decent housing for all citizens, without
discrimination.
(2) Simplification of the application process for funding under HUD
programs. This year's SuperNOFA continues to provide a single, uniform
set of rating factors and submission requirements. This year's
SuperNOFA also allows, as did last year's, for you, the applicant, to
apply for more than one program with a single application.
(3) Promote comprehensive approaches to housing and community
development. Through the SuperNOFA process, HUD encourages you, the
applicant, to focus on the interrelationships that exist in a community
and in HUD's funding programs, and to build community-wide efforts that
coordinate the resources of multiple applicants and programs. The needs
and problems of a community rarely, if ever, stand in isolation from
each other. Due to this fact, it is very difficult to address these
problems and to provide opportunities to use existing community
resources in a piecemeal fashion. To successfully address community
needs and solve community problems, and to take advantage of existing
resources, HUD encourages members of a community to join together and
pool all available resources in a common, coordinated effort. In 1998,
HUD began structuring its funding process to help its community
partners take this coordinated, holistic approach. Further, by making
all of HUD's competitive funding available in one document, HUD allows
you, the applicant, to be able to relate the activities proposed for
funding under this SuperNOFA to the community's Consolidated Plan and
Analysis of Impediments to Fair Housing Choice.
(C) Funding Available. As noted in the Introduction Section to the
SuperNOFA, the HUD programs that are part of this SuperNOFA are
allocated amounts based on appropriated funds. If HUD recaptures funds
in any program, HUD reserves the right to increase the available
funding amounts by the amount of funds recaptured.
(D) Eligible Applicants and Eligible Activities. The Programs
Section of the SuperNOFA describes the eligible applicants and eligible
activities for each program.
II. Requirements and Procedures Applicable to All Programs
Except as may be modified in the Programs Section of this
SuperNOFA, or as noted within the specific provisions of this Section
II, the principles listed below apply to all programs that are part of
this SuperNOFA. Please be sure to read the Programs Section of the
SuperNOFA for additional requirements or information.
(A) Statutory Requirements. To be eligible for funding under this
SuperNOFA, you, the applicant, must meet all statutory and regulatory
requirements that are applicable to the program or programs for which
you are seeking funding. If you need copies of the program regulations,
they are available from the SuperNOFA Information Center or through the
Internet at the HUD web site located at http://www.HUD.gov. Among the
reasons that HUD may reject an application from further funding
consideration is if the activities or projects proposed in the
application are not eligible activities and projects, or (with the
exception of the Section 202 and 811 programs) HUD may eliminate the
ineligible activities from funding consideration and reduce the grant
amount accordingly.
(B) Threshold Requirements--Compliance with Fair Housing and Civil
Rights Laws. With the exception of Federally recognized Indian tribes,
all applicants and their subrecipients must comply with all Fair
Housing and civil rights laws, statutes, regulations and executive
orders as enumerated in 24 CFR 5.105(a). If you are a Federally
recognized Indian tribe, you must comply with the Age Discrimination
Act of 1975, section 504 of the Rehabilitation Act of 1973, and the
Indian Civil Rights Act.
If you, the applicant --
(1) Have been charged with a systemic violation of the Fair Housing
Act by the Secretary alleging ongoing discrimination;
(2) Are a defendant in a Fair Housing Act lawsuit filed by the
Department of Justice alleging an ongoing pattern or practice of
discrimination; or
(3) Have received a letter of noncompliance findings under Title
VI, Section 504, or Section 109,--
HUD will not rank and rate your application under this SuperNOFA if the
charge, lawsuit, or letter of findings has not been resolved to the
satisfaction of the Department before the application deadline stated
in the individual program NOFA. HUD's decision regarding whether a
charge, lawsuit, or a letter of findings has been satisfactorily
resolved will be based upon whether appropriate actions have been taken
to address allegations of ongoing discrimination in the policies or
practices involved in the charge, lawsuit, or letter of findings.
(C) Additional Nondiscrimination Requirements. You, the applicant
and your subrecipients, must comply with the Americans with
Disabilities Act, and Title IX of the Education Amendments Act of 1972.
(D) Affirmatively Furthering Fair Housing. Unless otherwise
specified in the Programs Section of this SuperNOFA, if you are a
successful applicant, you will have a duty to affirmatively further
fair housing. Again, except as may be provided otherwise in the
Programs Section of this SuperNOFA, you, the applicant, should include
in your application or work plan the specific steps that you will take
to:
(1) Address the elimination of impediments to fair housing that
were identified in the jurisdiction's Analysis of Impediments (AI)
to Fair Housing Choice;
(2) Remedy discrimination in housing; or
[[Page 27131]]
(3) Promote fair housing rights and fair housing choice.
Further, you, the applicant, have a duty to carry out the specific
activities provided in your responses to the SuperNOFA rating factors
that address affirmatively furthering fair housing. Please see the
Programs Section of this SuperNOFA for further information.
(E) Economic Opportunities for Low and Very Low-Income Persons
(Section 3). Certain programs in this SuperNOFA require recipients of
assistance to comply with section 3 of the Housing and Urban
Development Act of 1968, 12 U.S.C. 1701u (Economic Opportunities for
Low and Very Low-Income Persons in Connection with assisted Projects)
and the HUD regulations at 24 CFR part 135, including the reporting
requirements subpart E. Section 3 requires recipients to ensure that,
to the greatest extent feasible, training, employment and other
economic opportunities will be directed to (1) low and very low income
persons, particularly those who are recipients of government assistance
for housing and (2) business concerns which provide economic
opportunities to low and very low income persons. As noted in the
Programs Section of this SuperNOFA, Section 3 is applicable to the
following programs:
1. Historically Black Colleges and Universities (HBCU);
2. Hispanic Serving Institutions Assisting Communities (HSIAC);
3. Lead-Based Paint Hazard Control;
4. Mold and Moisture Control in Inner City Housing Program;
5. HOPE VI Public Housing Revitalization;
6. Public Housing Drug Elimination Program (PHDEP);
7. Public Housing Drug Elimination Program--New Approaches
8. Multifamily Housing Drug Elimination;
9. Economic Development Initiative (EDI);
10. Brownfields Economic Development Initiative (BEDI);
11. Self-Help Homeownership Opportunity Program (SHOP);
12. Youthbuild;
13. Continuum of Care Homeless Assistance Programs;
14. Housing Opportunities for Persons with AIDS (HOPWA);
15. Section 202 Supportive Housing for the Elderly; and
16. Section 811 Supportive Housing for Persons with Disabilities.
(F) Relocation. Any person (including individuals, partnerships,
corporations or associations) who moves from real property or moves
personal property from real property directly (1) because of a written
notice to acquire real property in whole or in part, or (2) because of
the acquisition of the real property, in whole or in part, for a HUD-
assisted activity is covered by Federal relocation statute and
regulations. Specifically, this type of move is covered by the
acquisition policies and procedures and the relocation requirements of
the Uniform Relocation Assistance and Real Property Acquisition
Policies Act of 1970, as amended (URA), and the implementing
governmentwide regulation at 49 CFR part 24. The relocation
requirements of the URA and the governmentwide regulations cover any
person who moves permanently from real property or moves personal
property from real property directly because of rehabilitation or
demolition for an activity undertaken with HUD assistance.
(G) Forms, Certifications and Assurances. You, the applicant, are
required to submit signed copies of the standard forms, certifications,
and assurances listed in this section, unless the requirements in the
Programs Section specifies otherwise. Additionally, the Programs
Section may specify additional forms, certifications, assurances or
other information that may be required for a particular program in this
SuperNOFA. As part of HUD's continuing efforts to improve the SuperNOFA
process, several of the required standard forms have been simplified
this year. The standard forms, certifications, and assurances are as
follows:
(1) Standard Form for Application for Federal Assistance (SF-
424);
(2) Standard Form for Budget Information--Non-Construction
Programs (SF-424A) or Standard Form for Budget Information-
Construction Programs (SF-424C), as applicable;
(3) Standard Form for Assurances--Non-Construction Programs (SF-
424B) or Standard Form for Assurances--Construction Programs (SF-
424D), as applicable;
(4) Drug-Free Workplace Certification (HUD-50070);
(5) Certification and Disclosure Form Regarding Lobbying (SF-
LLL); (Tribes and tribally designated housing entities (TDHEs)
established by an Indian tribe as a result of the exercise of the
tribe's sovereign power are not required to submit this
certification. Tribes and TDHEs established under State law are
required to submit this certification.)
(6) Applicant/Recipient Disclosure Update Report (HUD-2880);
(7) 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. CDBG recipients applying for funds under title I of the
Housing and Community Development Act of 1974 (42 U.S.C. 5301 et
seq.) also must certify to compliance with section 109 of the
Housing and Community Development Act. Federally recognized Indian
tribes must certify that they will comply with the requirements of
the Age Discrimination Act of 1975, section 504 of the
Rehabilitation Act of 1973, and the Indian Civil Rights Act.
(8) Certification required by 24 CFR 24.510. (The provisions of
24 CFR part 24 apply to the employment, engagement of services,
awarding of contracts, subgrants, or funding of any recipients, or
contractors or subcontractors, during any period of debarment,
suspension, or placement in ineligibility status, and a
certification is required.)
(H) OMB Circulars. Certain OMB circulars also apply to this
SuperNOFA. The policies, guidance, and requirements of OMB Circular No.
A-87 (Cost Principles Applicable to Grants, Contracts and Other
Agreements with State and Local Governments), OMB Circular No. A-122
(Cost Principles for Nonprofit Organizations), 24 CFR part 84 (Grants
and Agreements with Institutions of Higher Education, Hospitals, and
other Non-Profit Organizations) and 24 CFR part 85 (Administrative
Requirements for Grants and Cooperative Agreements to State, Local, and
Federally recognized Indian tribal governments) may apply to the award,
acceptance and use of assistance under the programs of this SuperNOFA,
and to the remedies for noncompliance, except when inconsistent with
the provisions of the FY 1999 HUD Appropriations Act, other Federal
statutes or the provisions of this SuperNOFA. Compliance with
additional OMB Circulars may be specified for a particular program in
the Programs Section of the SuperNOFA. Copies of the OMB Circulars may
be obtained from EOP Publications, Room 2200, New Executive Office
Building, Washington, DC 10503, telephone (202) 395-7332 (this is not a
toll free number).
(I) Environmental Requirements. If you become a grantee under one
of the programs in this SuperNOFA that assist physical development
activities or property acquisition, you are generally prohibited from
acquiring, rehabilitating, converting, leasing, repairing or
constructing property, or committing or expending HUD or non-HUD funds
for these types of program activities, until one of the following has
occurred:
(1) HUD has completed an environmental review in accordance with
24 CFR part 50; or
(2) For programs subject to 24 CFR part 58, HUD has approved a
grantee's Request for Release of Funds (HUD Form 7015.15) following
a Responsible Entity's completion of an environmental review.
You, the applicant, should consult the Programs Section of the
SuperNOFA for the applicable program to determine the
[[Page 27132]]
procedures for, timing of, and any exclusions from environmental review
under a particular program. For applicants applying for funding under
the Sections 202 or 811 Programs, please note the environmental review
requirements for these programs.
(J) Conflicts of Interest. If you are a consultant or expert who is
assisting HUD in rating and ranking applicants for funding under this
SuperNOFA, you are subject to 18 U.S.C. 208, the Federal criminal
conflict of interest statute, and the Standards of Ethical Conduct for
Employees of the Executive Branch regulation published at 5 CFR part
2635. As a result, if you have assisted or plan to assist applicants
with preparing applications for this SuperNOFA, you may not serve on a
selection panel and you may not serve as a technical advisor to HUD for
this SuperNOFA. All individuals involved in rating and ranking this
SuperNOFA, including experts and consultants, must avoid conflicts of
interest or the appearance of conflicts. Individuals involved in the
rating and ranking of applications must disclose to HUD's General
Counsel or HUD's Ethic Law Division the following information if
applicable: the selection or non-selection of any applicant under this
SuperNOFA will affect the individual's financial interests, as provided
in 18 U.S.C. 208; or the application process involves a party with whom
the individual has a covered relationship under 5 CFR 2635.502. The
individual must disclose this information prior to participating in any
matter regarding this SuperNOFA. If you have questions regarding these
provisions or if you have questions concerning a conflict of interest,
you may call the Office of General Counsel, Ethics Law Division, at
202-708-3815 and ask to speak to one of HUD's attorneys in this
division.
III. Application Selection Process
(A) Rating Panels. To review and rate your applications, HUD may
establish panels. These panels may include persons not currently
employed by HUD. HUD may include these non-HUD employees to obtain
certain expertise and outside points of view, including views from
other Federal agencies.
(1) Rating. HUD will evaluate and rate all applications for funding
that meet the threshold requirements and rating factors for award
described in this SuperNOFA. The rating of you, as the ``applicant,''
or of your organization, ``the applicant's organization and staff,''
for technical merit or threshold compliance will include any sub-
contractors, consultants, sub-recipients, and members of consortia
which are firmly committed to the project.
(2) Ranking. HUD will rank applicants within each program (or, for
Continuum of Care applicants, across the three programs identified in
the Continuum of Care section of this SuperNOFA). HUD will rank
applicants only against other applicants that applied for the same
program funding. Where there are set-asides within a program
competition, you, the applicant, only will compete against applicants
in the same set-aside competition.
(B) Threshold Requirements. HUD will review your application to
determine whether your application meets all of the threshold
requirements described in Section II(B), above. Only if your
application meets all of the threshold requirements will it be eligible
to be rated and ranked.
(C) Factors For Award Used To Evaluate and Rate Applications. For
each program that is part of this SuperNOFA, the points awarded for the
rating factors total 100. Depending upon the program for which you the
applicant seek funding, the program may provide for up to four bonus
points as provided in paragraphs (1) and (2) of this Section III(C).
(1) Bonus Points. The SuperNOFA provides for the award of up to two
bonus points for eligible activities/projects that the applicant
proposes to be located in high performing federally designated
Empowerment Zones (EZs) or Enterprise Communities (ECs). To be eligible
to receive the two bonus points, you must certify that the proposed
activities/projects: (a) will be located in a Federally designated
Empowerment Zone or Enterprise Community and will serve residents of
the EZ/EC; and (b) are consistent with the strategic plan of the EZ/EC.
If you provide this certification and HUD determines that the area is a
high performing EZ/EC, as announced in HUD's list to be published in
the Federal Register in March 1999, you will be awarded the two points.
A listing of the high performing federally designated EZs/ECs will be
available from the SuperNOFA Information Center, or through the HUD web
site on the Internet at http://www.HUD.gov, as well as in the Federal
Register.
(2) Court-Ordered Consideration. For any application submitted by
the City of Dallas, Texas, for funds under this SuperNOFA for which the
City of Dallas is eligible to apply, HUD will consider the extent to
which the strategies or plans in the city's application or applications
will be used to eradicate the vestiges of racial 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 programs covered by this NOFA,
and identify proposed actions for remedying those vestiges. HUD may add
up to 2 points to the score based on this consideration. This special
consideration results from an order of the U.S. District Court for the
Northern District of Texas, Dallas, Division. (This Section III(C)(2)
is limited to applications submitted by the City of Dallas.)
(3) The Five Standard Rating Factors. Additional details about the
five rating factors listed below, and the maximum points for each
factor, are provided in the Programs Section of the SuperNOFA. You, the
applicant, should carefully read the factors for award as described in
the Programs Section of the SuperNOFA. HUD has established these five
factors as the basic factors for award in every program that is part of
this SuperNOFA. For a specific HUD program, however, HUD may have
modified these factors to take into account specific program needs, or
statutory or regulatory limitations imposed on a program. The standard
factors for award, except as modified in the program area section are:
Factor 1: Capacity of the Applicant and Relevant Organizational
Staff
Factor 2: Need/Extent of the Problem
Factor 3: Soundness of Approach
Factor 4: Leveraging Resources
Factor 5: Comprehensiveness and Coordination
The Continuum of Care Homeless Assistance Programs have only two
factors that receive points: Need and Continuum of Care.
(D) Negotiation. After HUD has rated and ranked all applications
and has made selections, HUD may require, depending upon the program,
that all winners participate in negotiations to determine the specific
terms of the grant agreement and budget. In cases where HUD cannot
successfully conclude negotiations with a selected applicant or a
selected applicant fails to provide HUD with requested information, an
award will not be made to that applicant. In this instance, HUD may
offer an award to the next highest ranking applicant, and proceed with
negotiations with the next highest ranking applicant.
(E) Adjustments to Funding.
(1) HUD reserves the right to fund less than the full amount
requested in your application to ensure the fair distribution of the
funds and to ensure that the purposes of a specific program are met.
[[Page 27133]]
(2) HUD may choose not to fund any portion of your application that
is not eligible for funding under specific program statutory or
regulatory requirements, or which do not meet the requirements of this
SuperNOFA or which may be duplicative of other funded programs or
activities from previous years' awards. HUD may choose to fund only the
eligible portions of your application.
(3) If funds remain after funding the highest ranking applications,
HUD may fund part of the next highest ranking application in a given
program. If you, the applicant, turn down the award offer, HUD will
make the same determination for the next highest ranking application.
If funds remain after all selections have been made, remaining funds
may be available for other competitions for each program where there is
a balance of funds.
(4) In the event HUD commits an error that, when corrected, would
result in selection of an otherwise eligible applicant during the
funding round of this SuperNOFA, HUD may select that applicant when
sufficient funds become available.
(F) Performance and Compliance Actions of Grantees. HUD will
measure and address the performance and compliance actions of grantees
in accordance with the applicable standards and sanctions of their
respective programs.
IV. Application Submission Requirements
As HUD discussed earlier in the introductory section of this
SuperNOFA, part of the simplification of this funding process is to
reduce the duplication of effort that has been required of applicants
in the past. Before the SuperNOFA process, many of HUD's applicants
were required to complete and submit similar applications for HUD
funded programs. As the Program Chart above shows, the FY 1999
SuperNOFA provides, as did the FY 1998 SuperNOFA, for consolidated
applications for several of the programs for which funding is available
under this SuperNOFA.
V. Corrections to Deficient Applications
After the application due date, HUD may not, consistent with its
regulations in 24 CFR part 4, subpart B, consider any unsolicited
information you, the applicant, may want to provide. HUD may contact
you, however, to clarify an item in your application or to correct
technical deficiencies. You should note, however, that HUD may not seek
clarification of items or responses that improve the substantive
quality of your response to any selection factors. In order not to
unreasonably exclude applications from being rated and ranked, HUD may,
however, contact applicants to ensure proper completion of the
application and will do so on a uniform basis for all applicants.
Examples of curable (correctable) technical deficiencies include your
failure to submit the proper certifications or your failure to submit
an application that contains an original signature by an authorized
official. In each case, HUD will notify you in writing by describing
the clarification or technical deficiency. HUD will notify applicants
by facsimile or by return receipt requested. You must submit
clarifications or corrections of technical deficiencies in accordance
with the information provided by HUD within 14 calendar days of the
date of receipt of the HUD notification. If your deficiency is not
corrected within this time period, HUD will reject your application as
incomplete, and it will not be considered for funding. (Note that the
Sections 202 and 811 Programs, by regulation, provide for appeal of
rejection of an application on technical deficiency. Please see the
Programs Sections for these programs for additional information and
instructions.)
VI. Promoting Comprehensive Approaches to Housing and Community
Development
(A) General. HUD believes the best approach for addressing
community problems is through a community-based process that provides a
comprehensive response to identified needs. By making these grant
programs available in one document, applicants may be able to relate
the activities proposed for funding under this SuperNOFA to the recent
and upcoming NOFAs and the community's Consolidated Plan and Analysis
of Impediments to Fair Housing Choice. There are certain HUD grant
programs that are not part of this SuperNOFA (primarily those for which
funding is allocated by lottery).
(B) Linking Program Activities With AmeriCorps. You are encouraged
to link your proposed activities with AmeriCorps, a national service
program engaging thousands of Americans on a full or part-time basis to
help communities address their toughest challenges, while earning
support for college, graduate school, or job training. For information
about AmeriCorps, call the Corporation for National Service at (202)
606-5000.
(C) Encouraging Visitability in New Construction and Substantial
Rehabilitation Activities. In addition to applicable accessible design
and construction requirements, you are encouraged to incorporate
visitability standards where feasible in new construction and
substantial rehabilitation projects. Visitability standards allow a
person with mobility impairments access into the home, but do not
require that all features be made accessible. Visitability means at
least one entrance at grade (no steps), approached by an accessible
route such as a sidewalk; the entrance door and all interior passage
doors are at least 2 feet 10 inches wide, allowing 32 inches of clear
passage space. Allowing use of 2'10'' doors is consistent with the Fair
Housing Act (at least for the interior doors), and may be more
acceptable than requiring the 3 foot doors that are required in fully
accessible areas under the Uniform Federal Accessibility Standards
(UFAS) for a small percentage of units. A visitable home also serves
persons without disabilities, such as a mother pushing a stroller, or a
person delivering a large appliance. Copies of the UFAS are available
from the SuperNOFA Information Center (1-800-HUD-2209) and also from
the Office of Fair Housing and Equal Opportunity, U.S. Department of
Housing and Urban Development, Room 5230, 451 Seventh Street, SW,
Washington, DC 20410, telephone (202) 755-5404 or the TTY telephone
number, 1-800-877-8399 (Federal Information Relay Service).
(D) Developing Healthy Homes. HUD's Healthy Homes Initiative is one
of the initiatives developed by the White House Task Force on
Environmental Health Risks and Safety Risks to Children that was
established under Executive Order 13045 (``Protection of Children from
Environmental Health Risks and Safety Risks''). HUD encourages the
funding of activities (to the extent eligible under specific programs)
that promote healthy homes, or that promote education on what is a
healthy home. These activities may include, but are not limited to the
following: educating homeowners or renters about the need to protect
children in their home from dangers that can arise from items such as
curtain cords, electrical outlets, hot water, poisons, fire, and sharp
table edges, among others; incorporating child safety measures in the
construction, rehabilitation or maintenance of housing, which include
but are not limited to: child safety latches on cabinets, hot water
protection devices, properly ventilated windows to protect from mold,
window guards to protect children from falling, proper pest management
to prevent cockroaches
[[Page 27134]]
which can cause asthma, and activities directed to control of lead-
based paint hazards. The National Lead Information Hotline is 1-800-
424-5323.
VII. Findings and Certifications
(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 that
implement section 102(2)(C) of the National Environmental Policy Act of
1969 (42 U.S.C. 4332). The Finding of No Significant Impact is
available for public inspection during regular business hours in the
Office of the General Counsel, Regulations Division, Room 10276, U.S.
Department of Housing and Urban Development, 451 Seventh Street, SW,
Washington, DC 20410-0500.
(B) Federalism, Executive Order 12612
The General Counsel, as the Designated Official under section 6(a)
of Executive Order 12612, Federalism, has determined that the policies
contained in this SuperNOFA will not have substantial direct effects on
States or their political subdivisions, or on the relationship between
the Federal Government and the States, or on the distribution of power
and responsibilities among the various levels of government.
Specifically, the SuperNOFA solicits applicants 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 and local governments. As a result, the SuperNOFA is not subject
to review under the Order.
(C) Prohibition Against Lobbying Activities
You, the applicant, are subject to the provisions of section 319 of
the Department of Interior and Related Agencies Appropriation Act for
Fiscal Year 1991, 31 U.S.C. 1352 (the Byrd Amendment), which prohibits
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. You are required to certify, using the certification
found at Appendix A to 24 CFR part 87, that you will not, and have not,
used appropriated funds for any prohibited lobbying activities. In
addition, you must disclose, using Standard Form LLL, ``Disclosure of
Lobbying Activities,'' any funds, other than Federally appropriated
funds, that will be or have been used to influence Federal employees,
members of Congress, and congressional staff regarding specific grants
or contracts. Tribes and tribally designated housing entities (TDHEs)
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 tribes and TDHEs established under State law are not
excluded from the statute's coverage.)
(D) Section 102 of the HUD Reform Act; Documentation and Public Access
Requirements.
Section 102 of the Department of Housing and Urban Development
Reform Act of 1989 (42 U.S.C. 3545) (HUD Reform Act) and the
regulations codified in 24 CFR part 4, subpart A, 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 (57 FR 1942), HUD published a notice that
also provides information on the implementation of section 102. The
documentation, public access, and disclosure requirements of section
102 apply to assistance awarded under this SuperNOFA as follows:
(1) Documentation and public access requirements
HUD will ensure that documentation and other information regarding
each application submitted pursuant to this SuperNOFA 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 5-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 in 24 CFR part 15.
(2) Disclosures
HUD will make available to the public for 5 years all applicant
disclosure reports (HUD Form 2880) submitted in connection with this
SuperNOFA. Update reports (also Form 2880) will be made available along
with the applicant disclosure reports, but in no case for a period less
than 3 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 5.
(3) Publication of Recipients of HUD Funding
HUD's regulations at 24 CFR 4.7 provide that HUD will publish a
notice in the Federal Register on at least a quarterly basis to notify
the public of all decisions made by the Department to provide:
(i) Assistance subject to section 102(a) of the HUD Reform Act;
or
(ii) Assistance that is provided through grants or cooperative
agreements on a discretionary (non-formula, non-demand) basis, but
that is not provided on the basis of a competition.
(E) Section 103 HUD Reform Act
HUD's regulations implementing section 103 of the Department of
Housing and Urban Development Reform Act of 1989 (42 U.S.C. 3537a),
codified in 24 CFR part 4, apply to this funding competition. The
regulations 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 limited by the
regulations 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 or employees who have ethics related questions should
contact the HUD Ethics Law Division at (202) 708-3815. (This is not a
toll-free number.) 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.
VIII. The FY 1999 SuperNOFA Process and Future HUD Funding
Processes
In FY 1998, Secretary Cuomo took the first significant step in
changing HUD's funding process to better promote comprehensive,
coordinated approaches to housing and community development by
developing the SuperNOFA process. The three SuperNOFAs published in FY
1998 reflected a marked improvement over HUD's previous funding process
and assisted communities to make better use of available resources
through a coordinated approach.
This FY 1999 SuperNOFA takes HUD's funding process to the next
step--a single SuperNOFA. The FY 1999 SuperNOFA was developed based on
comments received from HUD clients and the Department believes it
[[Page 27135]]
represents a significant improvement over HUD's approach to the funding
process in prior years. For FY 2000, HUD may take even further steps to
enhance this process. HUD welcomes comments from applicants and other
members of the public on this process, and how it may be improved in
future years.
The description of programs for which funding is available under
this SuperNOFA follows.
Dated: May 13, 1999.
Saul N. Ramirez, Jr.,
Deputy Secretary.
[FR Doc. 99-12518 Filed 5-13-99; 4:24 pm]
BILLING CODE 4210-32-P
