[Federal Register Volume 59, Number 123 (Tuesday, June 28, 1994)]
[Unknown Section]
[Page ]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-15580]
[Federal Register: June 28, 1994]
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Part VI
Department of Housing and Urban Development
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Office of the Assistant Secretary for Community Planning and
Development
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NOFA for Emergency Shelter Grants Set-Aside for Indian Tribes and
Alaskan Native Villages; Notice
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
Office of the Assistant Secretary for Community Planning and
Development
[Docket No. N-94-3788; FR-3684-N-01]
NOFA for Emergency Shelter Grants Set-Aside for Indian Tribes and
Alaskan Native Villages
AGENCY: Office of the Assistant Secretary for Community Planning and
Development, HUD.
ACTION: Notice of funding availability.
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SUMMARY: This notice announces the availability of $1,469,000 in funds
for emergency shelter grants (ESG) to be allocated to Indian tribes and
Alaskan Native villages by competition. As a result of the enactment of
the HUD FY 1994 appropriation, $115,000,000 is available for the
Emergency Shelter Grants (ESG) Program, including the formula program
and this set-aside. The amount available under this NOFA includes the
FY 1994 set-aside and $319,000 of unused funds from FY 1993. The
proposed rule on Emergency Shelter Grants Program; Set-Aside Allocation
for Indian Tribes and Alaskan Native Villages, published in the Federal
Register on April 5, 1993, describes the method for allocating these
funds. These grants will be governed by all provisions applicable to
the ESG program, including the provisions in the Housing and Community
Development Act of 1992 (Pub. L. 102-550, approved October 28, 1992)
that became effective upon the enactment of the law.
Within the context of moving toward a ``continuum of care'' system
designed to combat homelessness, eligible activities include the
rehabilitation or conversion of buildings for use as emergency shelters
for the homeless, payment of certain operating and essential services
expenses, and homeless prevention activities.
This notice contains:
(1) Information concerning eligible applicants;
(2) Information on the funding available within each HUD Office of
Native American Programs area;
(3) Information on application requirements and procedures; and
(4) A description of applicable statutory changes to the ESG
program.
DATES: Applications for assistance will be available beginning June 28,
1994 and must be received by the appropriate HUD Office of Native
American Programs by no later than 4:00 p.m. local time (i.e., the time
in the office where the application is submitted) on September 12,
1994. At the time of submission, one copy of the completed application
must also be sent to HUD Headquarters at the address stated below. A
determination that an application was received on time will be made
solely on receipt of the original application at the Office of Native
American Programs.
This application deadline is firm as to date and hour. 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: An original of the application must be sent to the HUD
Office of Native American Programs serving the area in which the
applicant's project is located. A list of addresses and telephone
numbers for the Area Offices of Native American Programs appears as an
Appendix to this NOFA. At the same time, a copy of the completed
application must also be sent to the following address: Office of
Special Needs Assistance Programs, Attention: Emergency Shelter Grants
Program Set-Aside, U.S. Department of Housing and Urban Development,
room 7262, 451 Seventh Street, SW., Washington, DC 20410-7000.
FOR FURTHER INFORMATION CONTACT: Barbara H. Richards, Acting Director,
Office of Special Needs Assistance Programs, Department of Housing and
Urban Development, room 7262, 451 Seventh Street, SW., Washington, DC
20410-7000; telephone (202) 708-4300, or (202) 708-2565 (voice/TDD).
(These telephone numbers are not toll-free.)
SUPPLEMENTARY INFORMATION:
Paperwork Reduction Act Statement
The information collection requirements contained in this notice
have been approved by the Office of Management and Budget, under
section 3504(h) of the Paperwork Reduction Act of 1980 (44 U.S.C. 3501-
3520), and assigned OMB control number 2506-0135.
I. Purpose and Substantive Description
A. Authority and Purpose
The ESG program was first established in section 101(g) of Public
Law 99-500 (approved October 18, 1986, 100 Stat. 1783-242), making
appropriations for FY 1987 as provided in H.R. 5313. The program was
reauthorized with amendments in the Stewart B. McKinney Homeless
Assistance Act (Pub. L. 100-77, approved July 22, 1987, sections 411-
417) (as amended, ``McKinney Act''). Section 832(f) of the National
Affordable Housing Act (Pub. L. 101-625, approved November 28, 1990, 42
U.S.C. 11371-11378) (NAHA), provided for the explicit eligibility of
Indian tribes for ESG program assistance and established a set-aside
allocation for Indian tribes that is equal to 1 percent of the amounts
appropriated for the ESG Program. Funding was provided for this program
in the Department's appropriation acts for fiscal years 1991 (Pub. L.
101-507, approved November 5, 1990), 1992 (Pub. L. 102-139, approved
October 29, 1991), and 1993 (Pub. L. 102-389, approved October 6,
1992). Regulations governing the Emergency Shelter Grants (ESG) program
are found at 24 CFR 576, except where superseded by statutory
amendments under NAHA and the Housing and Community Development Act of
1992 (Pub. L. 102-550, approved October 28, 1992) (1992 Act), as
discussed below.
Assistance provided to Indian tribes and Alaskan Native villages
under this NOFA will be used to help improve the quality of existing
emergency shelters for the homeless, make available additional
emergency shelters, meet the costs of operating emergency shelters and
of providing essential social services to homeless individuals, and
help prevent homelessness. The term ``emergency shelter'' is defined in
24 CFR 576.3. This ESG set-aside allocation will increase the
availability and expedite receipt of program funds to Native American
communities.
(1) Definition of ``Indian tribe.'' Section 832(f)(1) of NAHA
provides that the definition of the term ``Indian tribe'' has the same
meaning given that term in section 102(a)(17) of the Housing and
Community Development Act of 1974. An Indian tribe means any Indian
tribe, band, group, or nation, including Alaska Indians, Aleuts, and
Eskimos and any Alaskan Native village, of the United States, that is
considered an eligible recipient under Title I of the Indian Self-
Determination and Education Assistance Act (25 U.S.C. 450) or was
considered an eligible recipient under the State and Local Fiscal
Assistance Act of 1972 (31 U.S.C. 6701) before repeal of that Act.
Eligibility for assistance under the Indian Self-Determination and
Education Assistance Act is determined by the Bureau of Indian Affairs.
(2) Emergency shelter means any facility, the primary purpose of
which is to provide temporary or transitional shelter for the homeless
in general or for specific populations of the homeless.
(3) Continuum of Care. This program makes possible the first steps
in a ``continuum of care'' system designed to assist homeless persons
find permanent housing and regain independent living. Outreach/
assessment activities, drop-in centers, and essential life-saving
services may be funded through this program. Funds may also be used to
prevent homelessness through short-term rental assistance, legal
assistance, and other services related to individuals and families
remaining in their own housing. The program facilitates the creation,
improvement, and operation of emergency shelters and transitional
housing as well as the provision of services such as case management,
substance abuse treatment, and job training. For projects serving
families, the projects and activities should serve the family together
and work to strengthen the family structure.
A continuum of care system consists of three basic components:
(a) A prevention plan and outreach activities designed to bring
homeless persons into a system and assess their needs;
(b) Transitional housing combined with rehabilitative services; and
(c) Placement into permanent housing.
B. Statutory Amendments
This notice addresses section 832 of the NAHA (104 Stat. 4359),
which contains numerous amendments to the McKinney Act, and several
amendments to the ESG program in the 1992 Act. These statutory
amendments supersede applicable provisions of the program regulations
found at 24 CFR 576. The Department is publishing in this notice a
description of the statutory changes to assist Indian tribes in
complying with program requirements, including the NAHA and 1992 Act
amendments.
National Affordable Housing Act Amendments: The NAHA changes are
described in the following Sections I.B (1)-(6) of this NOFA.
(1) Extension of eligibility to Indian tribes. Section 832(f) of
NAHA expressly extends eligibility for assistance under the ESG program
to Indian tribes, and has the effect of applying the same formula as
used in the Community Development Block Grant (CDBG) program for
determining the amount of ESG funds to be set-aside for Indian tribes.
The one percent figure for the Indian tribe set-aside is dictated by
sections 832(f)(3) and 913(b) of NAHA.
(2) Administrative costs. Section 832(b)(1) of NAHA permits
recipients to use up to 5% of an ESG Program grant for administrative
purposes. This amount equals 5% of the total of amounts of ESG funds
requested for all other eligible activities. Administrative costs
include: costs of accounting for the use of grant funds; preparing
reports for submission to HUD or to the State; obtaining program
audits; conducting environmental reviews; coordinating program
activities; and similar costs related to administering the grant. These
costs do not include the costs of carrying out other activities
eligible under the ESG program.
(3) Use of funds for essential services. Section 832(c) of NAHA
increased from 20% to 30% the percentage of a grant that may be used to
provide essential services. Consistent with this amendment, the
Department will apply its waiver authority in section 414(b) of the
McKinney Act to the new, higher 30% limitation. As with the previous
20% cap, the 30% limit is to be measured against the aggregate amount
of each emergency shelter grant to an Indian tribe. Section 832(f)(6)
of NAHA makes the limitations on the provision of essential services
applicable to Indian tribes.
(4) Use of funds for prevention of homelessness. Homelessness
prevention was added as a category of eligible activities by section
423 of the Stewart B. McKinney Homeless Assistance Amendments Act (Pub.
L. 100-688, approved November 7, 1988), which also treated these
activities as ``essential services.'' However, section 832(d) of NAHA
withdraws homelessness prevention activities from categorization as
``essential services'', and imposes a separate limit of 30% of the
aggregate amount of assistance to any recipient, including an Indian
tribe, that may be used for efforts to prevent homelessness.
Thus, under NAHA, essential services and homelessness prevention
are now each subject to a 30% cap. However, unlike the category of
essential services, there is no statutory authority to permit a waiver
of the cap on the amount of assistance that may be used for
homelessness prevention activities. By its express terms, the statutory
waiver is available only in the category of essential services.
(5) Confidentiality of records for family violence services.
Section 832(e) of NAHA requires each recipient to certify that it will
develop and implement procedures to ensure the confidentiality of
records pertaining to any individual provided family violence
prevention or treatment services with ESG Program assistance. In
addition, the address or location of any ESG-assisted housing used as a
family violence shelter may not be made public without the written
authorization of persons responsible for the operation of the shelter.
This new certification is included in the application kit, as provided
in Section III of this NOFA.
(6) Establishes habitability standards. Section 832(g) of NAHA
requires the Secretary to prescribe the minimum standards of
habitability appropriate to ensure that emergency shelters assisted by
this program are environments that provide appropriate privacy, safety,
and sanitary and other health-related conditions for homeless persons
and families. A description of the Minimum Habitability Standards and
the required certification is included in the application kit, as
provided in Section III of this NOFA. The Habitability Standards that
have been developed under section 832(g) of NAHA to apply to emergency
shelters are as follows:
(a) Structure and materials. The shelter shall be structurally
sound so as not to pose any threat to the health and safety of the
occupants and so as to protect the occupants from the environment.
(b) Access. The shelter shall be accessible and capable of being
utilized without unauthorized use of other private properties. The
building shall provide an alternate means of egress in case of fire.
(c) Space and security. Each occupant shall be afforded adequate
space and security for the occupant's person and belongings. Each
occupant shall be provided an acceptable place to sleep.
(d) Interior air quality. Every room or space shall be provided
with natural or mechanical ventilation. The shelter shall be free of
pollutants in the air at levels that threaten the health of the
occupants.
(e) Water supply. The water supply shall be free from contamination
at levels that threaten the health of the recipients.
(f) Sanitary facilities. Shelter occupants shall have access to
sanitary facilities that are in proper operating condition, can be used
in privacy, and are adequate for personal cleanliness and the disposal
of human waste.
(g) Thermal environment. The shelter shall have adequate heating
and cooling facilities in proper operating condition.
(h) Illumination and electricity. The shelter shall have adequate
natural or artificial illumination to permit normal indoor activities
and to support the health and safety of occupants. Sufficient
electrical sources shall be provided to permit use of essential
electrical appliances while assuring safety from fire.
(i) Food preparation and refuse disposal. All food preparation
areas shall contain suitable space and equipment to store, prepare, and
serve food in a sanitary manner.
(j) Sanitary condition. The shelter and its equipment shall be
maintained in sanitary condition.
Housing and Community Development Act of 1992 Amendments: The 1992
Act changes are described in the following Sections I.B (7)-(9) of this
NOFA.
(7) Certification of involvement of homeless individuals and
families. The recipient must certify that, to the maximum extent
practicable, it will involve homeless individuals and families, through
employment, volunteer services, or otherwise, in providing services and
in constructing, renovating, maintaining, and operating facilities,
where assistance is provided for those activities under the program.
(8) Termination of assistance. The recipient may terminate
assistance provided to an individual or a family only in accordance
with a formal process established by the recipient that recognizes the
rights of the individuals affected, which may include a hearing.
(9) Eligibility of staff costs. Staff costs relating to the
operation of emergency shelters are specifically recognized as an
eligible activity, but not more than 10 percent of the amount of any
grant may be used for these costs.
C. CHAS and NEPA Requirements
(1) Indian tribes are not included in NAHA's definition of
``jurisdiction'', the entity charged with submitting a Comprehensive
Housing Affordability Strategy (CHAS) under section 105 of NAHA.
Therefore, Indian tribes are not required to submit a CHAS.
Furthermore, Indian tribes will not be required to certify to
consistency with the State's CHAS to receive ESG funding. The
Department reiterates its position stated in adopting the CHAS Interim
Rule (56 FR 4484, February 4, 1991) that, given the sovereign status of
Indian tribes, a State cannot be deemed the appropriate jurisdiction to
apply its housing strategy to programs administered by Indian tribes
(see 56 FR 4481-82).
(2) The assumption of environmental responsibilities specified in
section 104(g)(1) of the Housing and Community Development Act of 1974
was authorized for certain recipients of assistance under the McKinney
Act, pursuant to section 443 of the McKinney Act. Assumption of the
responsibilities for the ESG program is set forth in 24 CFR 576.52, and
shall apply to Indian tribes in the same manner as described for a unit
of general local government or territory. When the tribe does not have
the legal capacity to assume the environmental responsibility (see 24
CFR 58.11), the appropriate HUD Office of Native American Programs
(ONAP) Field Office will conduct the environmental review.
D. Allocation Amounts
This notice announces the availability of a total of $1,469,000 in
funding provided by the Department's appropriations acts for fiscal
year 1994 and unused funds from fiscal year 1993 for competitive grants
to Indian tribes for emergency shelter grants. Indian Program Office
set-aside allocations of the total amount are detailed in the following
chart:
Allocation of ESG Set-Aside for Indian Tribes by HUD ONAP Area Offices
for FY 1994
Chicago.................................................... $244,817
Oklahoma City.............................................. 290,207
Denver..................................................... 277,939
Phoenix.................................................... 392,153
Seattle.................................................... 126,870
Anchorage.................................................. 137,014
Total:................................................. 1,469,000
HUD reserves the right to negotiate reductions in the amounts
requested by applicants based on the overall demand for the funds. HUD
further reserves the right to reallocate these amounts as provided in
Section I.G, Ranking and Selection, of this NOFA. Each Indian tribe
must spend all of the grant amounts it was awarded within 24 months of
the date of the grant award by HUD. Any emergency shelter grant amounts
that are not spent within this time period may be recaptured and added
to the following fiscal year's ESG set-aside for Indian tribes.
E. Eligibility and Threshold Requirements
Applications are invited from Indian tribes for assistance under
the emergency shelter grants set-aside program. Private nonprofit
organizations are not eligible to apply directly to HUD for a grant,
but may receive funding from a grantee if the grantee determines that
the nonprofit has the financial and organizational capacity to carry
out the proposed activities.
The selection process for the Indian tribe set-aside program
consists of a preliminary threshold review. HUD will review an
application to determine whether:
(1) The application is adequate in form, time, and completeness;
(2) The applicant is eligible; and
(3) The proposed activities and persons to be served are eligible
for assistance under the program.
F. Rating Criteria
Applications that fulfill each of the threshold review requirements
described in Section I.E, Eligibility and Threshold Requirements, of
this NOFA will be rated up to 1,000 points based on the following
criteria. Successful applicants must receive points under each of the
criteria.
(1) Applicant capacity (300 points). HUD will award up to 300
points to an applicant that demonstrates the ability to carry out
activities under its proposed program within a reasonable time, and in
a successful manner, after execution of the grant agreement by HUD.
Reviewers' knowledge of the applicant's previous experience will weigh
heavily in the scoring. Documented evidence of poor or slow performance
will enter strongly into that determination. The applications that rate
highest on this criterion will show substantial experience as an
organization and/or staff in past endeavors that are directly related
to the proposed project.
(2) Need (200 points). HUD will award up to 200 points to an
applicant that demonstrates the existence of an unmet need for the
proposed project in the area to be served. The applicants with the
highest scores on this criterion will be the ones that: (a) Clearly
define the unmet housing and essential services needs of the homeless
population proposed to be served in the area to be served by the
project; (b) demonstrate in-depth knowledge of the population to be
served and its needs; and (c) set forth an outreach strategy that
assures that the intended population will be served.
(3) Service to homeless population (200 points). HUD will award up
to 200 points to an applicant that proposes to serve that part of the
Indian homeless population that is most difficult to reach and serve,
i.e., those persons having a primary nighttime residence that is a
public or private place not designed for, or ordinarily used as,
sleeping accommodations for human beings. In urban areas, this is
usually referred to as living ``on the street.'' To the extent that
Indians living on reservations live in such situations (e.g., sleeping
in cars, abandoned structures, out in the open), they meet the
definition of living in conditions similar to ``living on the street.''
HUD will focus upon proposed outreach and intake plans, and,
especially, the degree to which such plans would maximize the
likelihood that homeless persons would be served by the proposed
project. The outreach strategy/intake procedures to seek out and
evaluate the needs of the population to be served should be clearly
described in the application.
(4) Appropriateness of essential services (300 points). HUD will
award up to 300 points to an applicant that proposes essential services
that: (a) are appropriate to the needs of the population proposed to be
served; (b) are used or coordinated with existing sources of supportive
services and networks of support in the community; and (c) help, to the
degree possible, to move residents to longer term housing situations.
Applicants should describe what services are available and how they
will make those services accessible to the people they serve. In
addition, HUD will evaluate the means by which the people to be served
will be assisted in moving to permanent housing that is appropriate and
affordable. Applicants should describe what resources are available to
assist the population they serve to find permanent housing.
G. Ranking and Selection
Applications from Indian tribes within the area served by the
applicable HUD Office of Native American Programs will be assigned a
rating score and placed in ranked order, based upon the rating criteria
listed in Section I.F of this NOFA. Only those applications receiving
points under each of the rating criteria, and at least 500 points in
total, will be given funding consideration. In the final stage of the
selection process, qualified applicants will be selected for funding in
accordance with their ranked order within each area or field office, to
the extent that funds are available within that area or field office.
In the event of a tie between applicants, the applicant with the
highest total points for rating criterion (2), Need, in Section I.F of
this NOFA, will be selected. In the event of a procedural error that,
when corrected, would warrant selection of an otherwise eligible
applicant under this NOFA, HUD may select that applicant when
sufficient funds become available.
Depending on the availability of funds, the Department may fund
qualified applications regardless of location. If an Indian program
office has insufficient funds to make awards to all of its qualified
applicants, the Department may reallocate funds to this office from any
other Indian program office that has funds remaining after making
awards to all of its qualified applications.
II. Application Process
A. Obtaining Applications
Application packages will be available beginning June 28, 1994,
from the HUD Offices of Native American Programs listed in the Appendix
to this NOFA.
B. Submitting Applications
Information regarding the submission of applications is included in
the package.
An original application must be received at the HUD Office of
Native American Programs serving the area in which the applicant's
project is located by no later than 4:00 p.m. local time (i.e., the
time in the office where the application is submitted) on September 12,
1994. A list of Offices of Native American Programs appears as an
Appendix to this NOFA. Applications transmitted by FAX will not be
accepted.
At the time of submission, one copy of the completed application
must also be sent to HUD's Office of Special Needs Assistance Programs
at the address listed at the beginning of this NOFA. A determination
that an application was received on time will be made solely on receipt
of the original application at the Office of Native American Programs.
The above-stated application deadline is firm as to date and hour.
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 ineligibility brought about by unanticipated delays or other
delivery-related problems.
III. Checklist of Application Submission Requirements
Applicants must complete and submit applications in accordance with
the instructions contained in the application kit. The following is a
checklist of the application contents that will be specified in the
application kit:
(1) Applicant Information, including name, address, contact person,
and telephone number.
(2) Standard Form 424;
(3) Certifications of compliance with the requirements of:
(a) 24 CFR 576.21(a)(4)(ii), concerning assistance provided for
homelessness prevention activities; 567.51(b)(2)(v), concerning the
funding of ESG activities in commercial facilities; 576.73, concerning
the continued use of buildings as emergency shelters or the population
to be served; 576.75, concerning building standards; 576.77, concerning
assistance to the homeless; and 576.80, concerning displacement and
relocation;
(b) The Indian Civil Rights Act (25 U.S.C. 1301), and section 7(b)
of the Indian Self-Determination and Education Assistance Act (25
U.S.C. 450e(b));
(c) Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794);
(d) The Age Discrimination Act of 1975 (42 U.S.C. 6101-07);
(e) Executive Orders 11625, 12432, and 12138, promoting the use of
minority business enterprises and women-owned businesses to the maximum
extent consistent with the Indian Self-Determination and Education
Assistance Act;
(f) The requirements of 24 CFR part 24, concerning the Drug-Free
Workplace Act of 1988;
(g) Section 832(e)(2)(C) of NAHA, concerning the confidentiality of
records pertaining to any individual provided family violence
prevention or treatment services;
(h) Section 832(g) of NAHA, concerning minimum habitability
standards prescribed by the Department;
(i) Section 104(g) of the Housing and Community Development Act of
1974 and 24 CFR part 58, concerning assumption of the HUD environmental
review responsibilities;
(j) Section 576.71(b)(2)(vii), concerning compliance with tribal
law in the submission of an application for an emergency shelter grant,
and possession of legal authority to carry out emergency shelter grant
activities;
(k) Prohibitions on the use of Federal funds for lobbying, and the
completion of SF-LLL, Disclosure Form to Report Lobbying, if
applicable; and
(l) 42 U.S.C. 11375(c)(7), as added by the Housing and Community
Development Act of 1992, concerning the involvement through employment,
volunteer services, or otherwise, to the maximum extent practicable, of
homeless individuals and families in constructing, renovating,
maintaining, and operating facilities assisted under the ESG program,
and in providing services for occupants of these facilities.
(4) Form HUD-2880, Applicant/Recipient Disclosure/Update Form, if
applicable.
(5) Project Summary and Proposed Budgets.
(6) Description of the homeless population to be served.
(7) Facility Description.
(8) Narrative addressing the rating criteria.
(9) Matching funds certification as required under
Sec. 576.51(b)(2)(ii), Sec. 576.71, and section 415(a) of the McKinney
Act (42 U.S.C. 11375(a)).
IV. Clarification of Applicant Information
In accordance with the provisions of 24 CFR part 4, subpart B, HUD
may contact an applicant to seek clarification of an item in an
applicant's application, or to request additional or missing
information, but the clarification or the request for additional or
missing information shall not relate to items that would improve the
substantive quality of the application pertinent to the funding
decision.
V. 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. The finding of no significant impact is available for
public inspection between 7:30 a.m. to 5:30 p.m. weekdays in the Office
of the Rules Docket Clerk in the Office of the General Counsel, Room
10276, Department of Housing and Urban Development, 451 Seventh Street,
SW, Washington, DC 20410-0500.
B. Federalism Impact
The General Counsel, as the Designated Official under section 6(a)
of Executive Order 12612, Federalism, has determined that the policies
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. The notice
announces the availability of funds set aside for Indian tribes for
emergency shelter activities, and invites applications from eligible
applicants.
C. Impact on the Family
The General Counsel, as the Designated Official for Executive Order
12606, the Family, has determined that this notice, to the extent the
funds provided under it are directed to families, has the potential for
a beneficial impact on family formation, maintenance, and general well-
being. Since any impact on families is beneficial, no further review is
considered necessary.
D. Section 102, HUD Reform Act: Documentation and Public Access
Requirements; Applicant/Recipient Disclosures
Documentation and public access requirements. HUD will ensure that
documentation and other information regarding each application
submitted pursuant to this NOFA are sufficient to indicate the basis
upon which assistance was provided or denied. This material, including
any letters of support, will be made available for public inspection
for a five-year period beginning not less than 30 days after the award
of the assistance. Material will be made available in accordance with
the Freedom of Information Act (5 U.S.C. 552) and HUD's implementing
regulations at 24 CFR part 15. In addition, HUD will include the
recipients of assistance pursuant to this NOFA in its quarterly 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 documentation and public access
requirements.)
Disclosures. HUD will make available to the public for five years
all applicant disclosure reports (HUD Form 2880) submitted in
connection with this NOFA. Update reports (also Form 2880) will be made
available along with the applicant disclosure reports, but in no case
for a period less than three years. All reports--both applicant
disclosures and updates--will be made available in accordance with the
Freedom of Information Act (5 U.S.C. 552) and HUD's implementing
regulations at 24 CFR part 15. (See 24 CFR part 12, subpart C, and the
notice published in the Federal Register on January 16, 1992 (57 FR
1942), for further information on these disclosure requirements.)
E. Section 103 HUD Reform Act
HUD's regulation implementing section 103 of the Department of
Housing and Urban Development Reform Act of 1989 (42 U.S.C. 3537a) 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 the
funding competition announced today. The requirements of the rule
continue to apply until the announcement of the selection of successful
applicants.
HUD employees involved in the review of applications and in the
making of funding decisions are restrained by part 4 from providing
advance information to any person (other than 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 (voice/TDD) (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
Office Counsel or Headquarters counsel for the program to which the
question pertains.
F. Section 112 of the Reform Act
Section 13 of the Department of Housing and Urban Development Act
(42 U.S.C. 3537b), added by section 112 of the Reform Act, 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 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 that part.
Any questions about part 86 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 (voice/TDD). (This is not a toll-free number.) 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) (Byrd Amendment) 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.
H. The Catalog of Federal Domestic Assistance program number is
14.231.
Authority: 42 U.S.C. 11376; 42 U.S.C. 3535(d).
Dated: June 21, 1994.
Andrew M. Cuomo,
Assistant Secretary for Community Planning and Development.
APPENDIX--HUD OFFICES OF NATIVE AMERICAN PROGRAMS
All HUD numbers may be reached via Telecommunications Devices
for the Deaf (TDD) by dialing the Federal Information Relay Service
on 1-800-877-TDDY (1-800-877-8339) or (202) 708-9300 (not a toll-
free number). Any additional TDD number that is available for an
individual program office is listed after the appropriate office's
address.
Chicago (includes all States east of the Mississippi River plus Iowa
and Minnesota):
Mr. Leon Jacobs, Administrator, Chicago Office of Native American
Programs, 77 W. Jackson Blvd., Chicago, IL 60604-3507; (312) 886-
4532; TDD (312) 353-7143.
Oklahoma City (includes Oklahoma, Louisiana, Kansas, Missouri and
Texas):
Mr. Hugh Johnson, Administrator, Oklahoma City Office of Native
American Programs, Alfred P. Murrah Fed. Bldg., 200 NW 5th St.,
Oklahoma City, OK 73102-3202; (405) 231-4101; TDD (405) 231-4181.
Denver (includes Colorado, Montana, Nebraska, North Dakota, South
Dakota, Utah and Wyoming):
Mr. Vernon Haragara, Administrator, Denver Office of Native American
Programs, First Interstate Tower North, 633 17th Street, Denver, CO
80202-3607; (303) 672-5462; TDD (303) 844-6158.
Phoenix (includes Arizona, New Mexico, California, and Nevada):
Mr. Raphael Mecham, Administrator, Native American Programs Office,
Two Arizona Center, 400 N. Fifth St., Suite 1650, Arizona Center,
Phoenix, AZ 85004-2361; (602) 379-4156; TDD (602) 379-4461.
Seattle (includes Washington, Idaho, and Oregon):
Mr. Jerry Leslie, Administrator, Seattle Office of Native American
Programs, Seattle Federal Office Building, 909 1st Ave., Seattle, WA
98104-1000; (206) 220-5270; TDD (206) 220-5185.
Anchorage (includes Alaska):
Ms. Colleen Craig, Director, Community Planning and Development
Division, Anchorage Office, Federal Building, 222 W. 8th Ave., #64,
Anchorage, AK 99513-75371; (907) 271-3669; (TDD only via 1-800-877-
8339).
[FR Doc. 94-15580 Filed 6-27-94; 8:45 am]
BILLING CODE 4210-29-P
