[Federal Register Volume 63, Number 141 (Thursday, July 23, 1998)]
[Notices]
[Pages 39686-39691]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-19676]
[[Page 39685]]
_______________________________________________________________________
Part IV
Department of Housing and Urban Development
_______________________________________________________________________
Office of the Assistant Secretary for Public and Indian Housing, Notice
of Funding Availability for Title VI Loan Guarantee Capacity-Building
Grants; Notice
Federal Register / Vol. 63, No. 141 / Thursday, July 23, 1998 /
Notices
[[Page 39686]]
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
[Docket No. FR-4384-N-02]
Notice of Funding Availability for Title VI Loan Guarantee
Capacity-Building Grants
AGENCY: Office of the Assistant Secretary for Public and Indian
Housing, HUD.
ACTION: Notice of funding availability (NOFA).
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SUMMARY: This NOFA announces the availability of $4 million for
assistance to organizations providing capacity building technical
assistance to Indian tribes or Tribally Designated Housing Entities
(TDHEs) that have been granted a loan guarantee under the Title VI
Demonstration Program. Under the demonstration program (which HUD is
announcing through a separate notice published elsewhere in today's
Federal Register), HUD will guarantee the financial obligations issued
by Indian tribes and TDHEs to finance affordable housing activities
authorized by the Native American Housing Assistance and Self-
Determination Act of 1996 (NAHASDA). This document sets forth the
application instructions for the grants made available under the NOFA.
APPLICATION DUE DATES: Completed applications (an original and one
copy) must be submitted no later than 4:00 pm, Mountain time, on August
24, 1998 to the address shown below.
The above-stated application deadline is firm as to date and hour.
In the interest of fairness to all applicants, HUD will treat as
ineligible for consideration any application that is not received by
the application deadline. Applicants should submit their materials as
early as possible to avoid any risk of loss of eligibility because of
unanticipated delays or other delivery-related problems. HUD will not
accept, at any time during the NOFA competition, application materials
sent by facsimile (FAX) transmission.
ADDRESSES AND APPLICATION SUBMISSION PROCEDURES: Addresses: Completed
applications (one original and one copy) must be submitted to: National
office of Native American Programs--Office of Loan Guarantee,
Department of Housing and Urban Development, 1999 Broadway--Suite 3390,
Box 90, Denver, CO 80202-3390; ATTN: Title VI Demonstration.
Application Procedures: Mailed Applications. Applications will be
considered timely filed if post marked on or before 4:00 p.m. on the
application due date and received at the address above on or within
five (5) days of the application due date.
Applications Sent by Overnight/Express Mail Delivery. Applications
sent by overnight delivery or express mail will be considered timely
filed if received before or on the application due date, or upon
submission of documentary evidence that they were placed in transit
with the overnight delivery service by no later than the specified
application due date.
Hand Carried Applications. Hand carried applications delivered
before and on the application due date must be brought to the specified
location and room number between the hours of 8:30 am to 4:00 pm,
Mountain time.
FOR FURTHER INFORMATION AND TECHNICAL ASSISTANCE CONTACT: Karen Garner-
Wing, Director, Office of Loan Guarantee, Department of Housing and
Urban Development, 1999 Broadway--Suite 3390, Box 90, Denver, CO 80202-
3390; telephone (303) 675-1600 (this is not a toll free number).
Persons with speech or hearing impediments may access this number via
TTY by calling the toll-free Federal Information Relay Service at 1-
800-877-8339.
SUPPLEMENTARY INFORMATION:
I. Authority; Background; Purpose; Definitions; Amounts Allocated;
and Eligibility
(A) Authority
Title II of the Departments of Veterans Affairs and Housing and
Urban Development, and Independent Agencies Appropriations Act, 1998
(Pub. L. 105-65, 111 Stat. 1344, 1357; approved October 27, 1997) (FY
1998 HUD Appropriations Act).
(B) Background
Title VI of the Native American Housing Assistance and Self-
Determination Act of 1996 (NAHASDA) (entitled ``Federal Guarantees for
Financing for Tribal Housing Activities'') authorizes HUD to guarantee
financial obligations issued by Indian tribes or their Tribally
Designated Housing Entities (TDHEs) to finance affordable housing
activities. To assure the repayment of notes or other obligations,
NAHASDA requires Title VI applicants to pledge their Indian Housing
Block Grant (IHBG) funds and other security as required by HUD. The FY
1998 HUD Appropriations Act provided $5 million for the funding of a
demonstration program which could guarantee up to $45 million in Title
VI loan guarantees. HUD's Title VI Loan Guarantee Demonstration program
is being announced through a separate notice published elsewhere in
today's Federal Register.
(C) Purpose
(1) The FY 1998 HUD Appropriations Act provided $25 million to test
comprehensive approaches for developing jobs through economic
development, developing affordable low- and moderate-income rental and
homeownership housing, and increasing the investment of both private
and nonprofit capital in rural and tribal areas of the United States.
Of the $25 million, $4 million is being made available under this NOFA.
(2) The funds available under this NOFA will be competitively
awarded to one or more technical assistance providers that will use the
grant funds to provide capacity-building technical assistance to Indian
tribes or TDHEs with an obligation approved under the Title VI
Demonstration Program. The purposes of grants awarded under this NOFA
are to: (a) strengthen the economic feasibility of projects guaranteed
under Title VI of NAHASDA; (b) directly enhance the security of
guaranteed loans; (c) finance affordable housing activities and related
projects that will provide near-term results; (d) demonstrate economic
benefits such as homeownership opportunities, increased housing
availability, housing accessibility and visitability, and job creation
related to the approved project; and (e) attainment of Indian Housing
Plan goals and objectives.
(3) As a technical assistance provider, the organization will:
(a) Act as a pass-through agent to distribute the grant funds to
Indian tribes and/or TDHEs that have hired a technical service provider
to oversee the successful completion of their Title VI project; and/or;
(b) Act as a technical service provider to Indian tribes and/or
TDHEs that request the organization's services in overseeing the
successful implementation of their Title VI project, and/or;
(c) Act as a pass-through agent to distribute the grant funds to
Indian tribes and/or TDHEs for eligible costs directly related to the
approved Title VI project (but which are not specifically covered in
NAHASDA) or other related activities as deemed appropriate by HUD.
Examples of eligible costs include, but are not limited to: types of
creative financing such as payment of private financial guaranty
insurance policies, letters of credit or other forms of credit
enhancement for obligations to be guaranteed, the payment of interest
[[Page 39687]]
due and costs such as underwriting and note servicing.
(D) Definitions
Capacity-building is the transferring of skills and knowledge in
planning, developing and administering activities funded under this
NOFA. For purposes of this NOFA, capacity-building may include
provision of loans and grants as well as training and technical
assistance activities.
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 provide a minimum 2 feet, 10 inches
clear opening. 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 for
a small percentage of units.
(E) Amounts Allocated
This NOFA makes available a total of $4 million in FY 1998 funding
on a competitive basis.
(F) Eligible Applicants
(1) Eligible applicants are private organizations (for profit and
nonprofit) with experience in providing technical assistance and
capacity-building skills in planning and developing affordable housing.
Applicants must also have experience in assisting Indian tribes, TDHEs,
and/or other entities having similar physical, social, or economic
conditions to those that exist in Indian country.
(2) A technical assistance provider awarded a grant under this NOFA
must demonstrate experience in providing technical assistance in
housing development to Indian tribes, TDHEs, or other entities facing
similar economic and social conditions to those that exist in Indian
country.
(G) Eligible Activities
(1) Funding under this NOFA will be used to enhance and strengthen
an approved Title VI demonstration project. All applicants must meet
and comply with the requirements of this NOFA and the Title VI
Demonstration Program (see notice published elsewhere in today's
Federal Register). HUD desires to see the funds used to finance
affordable housing activities and projects that will provide near-term
results and demonstrate economic benefits (such as homeownership
opportunities, increased availability of affordable/accessible housing,
job creation and attainment of Indian Housing Plan goals and
objectives). Eligible activities include:
(a) Providing technical assistance which will enhance the
completion of the Title VI demonstration project, including:
(i) Planning, training and pre-development assistance to tribes/
TDHEs to expand their scope of expertise, to implement larger-scale and
model Title VI projects;
(ii) Self-help assistance, including skill in fiscal management
related to the Title VI demonstration project;
(iii) Dissemination of capacity-building information and citizen
participation activities (including information on Title VI loans); and
(iv) Coordination of existing resources to maximize housing or
economic opportunities funded under the provisions of this NOFA and/or
the Title VI Demonstration Program.
(b) Providing loss mitigation techniques.
(c) Providing related activities (public improvements, economic
development, public services, and administrative costs) that directly
support the housing activities listed in the Title VI Demonstration
Program. The provision of these activities may not constitute more than
twenty-five percent (25%) of the recipient's budget in the aggregate,
and must clearly support and serve the Native American community served
by the housing activities. Such activities include, but are not limited
to:
(i) Construction of publicly- or privately-owned utilities needed
to serve the housing site(s) for which the Title VI demonstration
project was funded;
(ii) Provision of supportive housing services that are directly
supportive of the housing activities proposed in the Title VI
demonstration project, including but not limited to, legal assistance,
housing counseling, classes on purchasing a home, home maintenance and
repair training, tenant services;
(iii) Tribal/TDHE costs of administering the funding and carrying
out of activities related to the Title VI demonstration project (which
are not specifically permitted by NAHASDA), but at a rate not to exceed
10% of the Title VI funds provided ; and
(iv) Provision of financial or technical assistance related to the
Title VI loan to start or expand businesses, for the purposes of
creating jobs or providing goods or services for tribal residents
living in the Indian area.
(2) In undertaking activities under this NOFA, applicants should
design construction, rehabilitation or modifications to buildings and
facilities to be accessible and visitable for persons with disabilities
and others who may also benefit, such as mothers with strollers or
persons delivering appliances. In providing technical assistance,
educational opportunities, and loans, training and informational
materials related to program activities should be made available in
appropriate video, audio, or braille formats, if approved by HUD. If
job opportunities are provided through this program, reasonable efforts
should be made to employ Native Americans with disabilities in a
variety of jobs. Employers should make reasonable accommodations for
employees with disabilities.
II. Program Requirements
(A) Compliance with Civil Rights Laws. Indian tribes and TDHEs must
comply with the nondiscrimination requirements of 24 CFR 1000.12. All
other applicants must comply with the nondiscrimination requirements
set forth in 24 CFR 5.105(a).
(B) Economic Opportunities for Low and Very Low-Income Persons
(Section 3). Recipients of HUD assistance must 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), and the
HUD regulations at 24 CFR part 135, including the reporting
requirements in subpart E. Section 3 provides that recipients shall
ensure that training, employment and other economic opportunities, to
the greatest extent feasible, 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.
(C) Relocation. Any person (including individuals, partnerships,
corporations or associations) who moves from real property or moves
personal property from real property as a direct result of a written
notice to acquire or the acquisition of the real property, in whole or
in part, for a HUD-assisted activity is covered by 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. Any person who moves permanently from real property
or moves personal property from real property as a direct result of
rehabilitation or demolition for an activity undertaken with HUD
[[Page 39688]]
assistance is covered by the relocation requirements of the URA and the
governmentwide regulation. (Note that coverage under the URA does not
include displacement funded by any Federal loan guarantees.)
(D) OMB Circulars. The policies, guidances, and requirements of OMB
Circular No. A-122 (Cost Principles for Nonprofit Organizations) and 24
CFR part 84 (Grants and Agreements with Institutions of Higher
Education, Hospitals, and other Non-Profit Organizations) apply to the
award, acceptance and use of assistance under this NOFA, and to the
remedies for noncompliance, except when inconsistent with the
provisions of the FY 1998 HUD Appropriations Act, other Federal
statutes or the provisions of this NOFA. Copies of the OMB Circular 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).
(E) Program Award Period. Grant Agreements shall be for a period of
up to 24 months. HUD, however, reserves the right to:
(1) Terminate grant awards in accordance with the provisions of 24
CFR part 84 anytime after 12 months.
(2) Extend the performance period of individual awardees up to a
total of 12 additional months.
(F) Delivery of Services System. Technical assistance providers
shall be required to:
(1) Provide technical assistance to Indian tribes and/or TDHEs.
(2) Obtain approval from the National Office of Native American
Programs (NONAP) of its administrative and operating plans.
(3) Where necessary, cooperate and coordinate with other technical
assistance providers to ensure clients are provided with the full range
of technical services.
(G) Technical Assistance Plan (TAP). After selection, but prior to
funding the award, technical assistance providers shall develop a
Technical Assistance Plan (TAP) to be submitted to the NONAP for review
and approval. A TAP shall be developed for each Indian tribe/TDHE
receiving technical assistance (TA), and shall be prepared in
consultation with the Indian tribe/TDHE and HUD. HUD will complete an
environmental review where required in accordance with 24 CFR part 50
prior to approving the TAP. The TAP shall describe the following
elements:
(1) Management strategy;
(2) Work plans;
(3) Establishment of priorities;
(4) Location of activities;
(5) Anticipated improved performance;
(6) Methods for measuring programmatic success;
(7) Tasks and sub-tasks for each program;
(8) Implementation schedule;
(9) Budgetary needs to accomplish tasks;
(10) Staffing plan; and
(11) Administrative budget.
(H) Negotiations. Technical service providers shall participate in
negotiations with grant applicants and Title VI demonstration program
participants.
(I) Financial Management and Audit Information. A grant recipient
under this NOFA must provide a certification by an independent public
accountant stating that the financial management system employed by the
applicant meets the standards for fund control and accountability
required by 24 CFR part 84, as applicable. The certification must
provide the name, telephone number, and address of the independent
public accountant.
(J) Training Sessions. Recipients may provide training sessions for
Indian tribes/TDHEs where appropriate.
(K) Pass-Through Grants. Recipients must establish written criteria
regarding pass-through procedures. HUD must approve this written
criteria.
(L) Environmental Review. HUD's notification of award to a selected
applicant will constitute a preliminary approval by HUD subject to
approval of the Technical Assistance Plan and a HUD environmental
review, where required. Selection for participation (preliminary
approval) does not constitute approval of proposed sites for
activities. Each preliminarily-selected applicant must assist HUD in
complying with environmental review procedures, conducted by HUD where
required in accordance with 24 CFR part 50. An applicant may not
acquire, rehabilitate, convert, lease, repair or construct property, or
commit HUD or local funds to these activities, until written approval
is received from HUD. The results of the environmental review may
require that proposed activities be modified or proposed sites
rejected.
(M) Flood Insurance. In accordance with the Flood Disaster
Protection Act of 1973 (42 U.S.C. 4001-4128), HUD will not approve
applications for grants providing financial assistance for acquisition
or construction (including rehabilitation) of properties located in an
area identified by the Federal Emergency Management Agency (FEMA) as
having special flood hazards, unless:
(1) The community in which the area is situated is participating in
the National Flood Insurance Program (see 44 CFR parts 59 through 79),
or less than one year has passed since FEMA notification regarding such
hazards; and
(2) Where the community is participating in the National Flood
Insurance Program, flood insurance is obtained as a condition of
approval of the application.
(N) Coastal Barrier Resources Act. In accordance with the Coastal
Barrier Resources Act (16 U.S.C. 3501), HUD will not approve grant
applications for properties in the Coastal Barrier Resources System.
III. Application Selection Process
(A) Rating and Ranking. (1) General. All applicants for funding
under this NOFA will be evaluated against the criteria described below.
The rating of the applicant or the applicant's organization and staff
for technical merit or threshold compliance, unless otherwise
specified, will include any sub-contractors, consultants and sub-
recipients. If no applicants address the selection criteria described
below, HUD will issue a revised NOFA requesting new applications for
Title VI Demonstration Program capacity building grants.
(2) Threshold. If an applicant (a) has been charged with a
violation of the Fair Housing Act by the Secretary; (b) is the
defendant in a Fair Housing Act lawsuit filed by the Department of
Justice; (c) has received a letter of noncompliance findings under
Title VI of the Civil Rights Act or Section 504 of the Rehabilitation
Act; or (d) has been debarred, the applicant is not eligible to apply
for funding under this NOFA until the applicant resolves such charge,
lawsuit, letter of findings, or debarment to the satisfaction of the
Department.
(3) After a determination of completion, the applications will be
reviewed, rated and ranked, and notification of award of grant funds
sent to the applicant. HUD will then fund the highest rated application
from within the jurisdiction of each Area Office of Native American
Programs in rank order. If any funds remain, HUD will then fund all of
the remaining applications in rank order, regardless of which Area ONAP
they are from. HUD reserves the right not to make awards under this
NOFA.
(4) Adjustment of Grant Awards. If HUD determines that an
application rated, ranked and fundable could be funded at a lesser
grant amount than requested, consistent with the feasibility of the
funded project or activities and the purposes of this NOFA, HUD
reserves the right to reduce the amount of the grant award.
[[Page 39689]]
(B) Factors for award. (1) Each rating factor and the maximum
number of points is reflected below. The maximum number of points to be
awarded is 100. Once scores are assigned, all applications will be
ranked in order of points assigned, with the applications receiving
more points ranking above those receiving fewer points.
(2) A rating plan shall establish a value to each criteria below.
Rating Factor 1: Capacity of the Applicant and Relevant
Organizational Experience and Staff (40 points). This factor addresses
the applicant's organizational and prior experience with Indian tribes,
TDHEs, or other entities facing similar economic and social conditions
in (a) administering similar types of funding; (b) the demonstrated
capacity to carry out the proposed activities; and (c) previous
experience in administering and/or overseeing loan or obligation
programs by HUD or other Federal agencies, or the private sector. The
rating of the applicant or the applicant's organization and staff for
technical merit will include any faculty, subcontractors, consultants,
subrecipients, and members of consortia which are firmly committed
(i.e., has a written agreement or a signed letter of understanding with
the applicant agreeing in principle to its participation and role in
the project). HUD will also consider past performance in carrying out
HUD-funded or other projects similar in size and scope to the project
proposed.
Rating Factor 2: Soundness of Approach (40 points). This factor
addresses the appropriateness and effectiveness of the proposed
activities in substantially addressing eligible activities within the
content of the objectives of this NOFA and the Title VI Demonstration
Program notice, including any pass-through funds. The factor also
addresses the workplan, management strategy, budget, and staffing
proposed to conduct the work. In evaluating this factor, HUD will
consider:
(a) The relationship of the proposed activities (including proposed
pass-through funding activities) in developing or implementing
affordable housing projects in the Indian areas;
(b) The extent to which the applicant can demonstrate that the
technical assistance will improve the ability of the Indian tribe or
TDHE to complete the project on a timely basis;
(c) The extent to which the proposed activities bring additional
financial or other resources to Indian areas;
(d) The extent to which the proposed activities increase economic
opportunities, as defined in this NOFA, to residents of Indian areas;
(e) The extent to which the proposed activities provide increased
housing and economic opportunities for persons with disabilities;
(f) The applicant's workplan for conducting the proposed
activities;
(g) The applicant's management strategy for conducting the proposed
activities;
(h) The applicant's budget for conducting the proposed activities;
and
(i) The applicant's staffing for conducting the proposed
activities.
Rating Factor 3: Promoting Partnerships (10 points). This factor
addresses the extent to which the applicant can demonstrate past
experience in financing housing and economic development projects that
include partnership arrangements. In evaluating this factor, HUD will
award a greater number of rating points to those applicants that
conducted projects in areas with similar economic, social, and physical
conditions as those that exist in Indian areas. The applicant's past
experience will be evaluated based on the following criteria:
(a) The number of partners for each project;
(b) The financial layering;
(c) The total dollar value of each project; and
(d) The number of completed housing and economic development
projects that involved partnership arrangements.
Rating Factor 4: Coordination (10 Points). This factor addresses
the extent to which the applicant proposes to coordinate the delivery
of services with other entities providing assistance in Indian areas.
In evaluating this factor, HUD will consider the extent to which the
applicant will:
(a) Coordinate its proposed activities with other entities working
in the Indian areas being served by the applicant;
(2) Take specific steps to share information with other entities
serving Indian areas on the successful implementation of Title VI
projects; and
(3) Take specific steps to develop linkages with other activities,
programs, or projects (on-going or proposed) in Indian areas through
meetings, information networks, planning processes, or other mechanisms
to coordinate its activities so solutions are holistic and
comprehensive.
IV. Application Submission Requirements
The application must include an original and one copy of the items
listed below, and must be signed by an authorized official:
(A) Form SF-424, Application for Federal Assistance.
(B) Transmittal letter which identifies the amount of funds
requested and the applicant and partners (if any).
(C) Table of Contents (please number pages of the submission and
list them accordingly in the Table of Contents).
(D) Narrative statement and supporting documentation addressing the
Factors for Award described in Section III of this NOFA. The narrative
response should be numbered in accordance with each factor for award.
This narrative statement will be the basis for evaluating the
application. The suggested approach described in the responses to
Rating Factor 2 will be the starting point for negotiating the grant
agreement and the individual TAP required for each Indian tribe/TDHE
receiving assistance.
(E) A statement as to whether the applicant proposes to use pass-
through funds for activities under the proposed program, and, if so,
the amount and proposed uses of such funds.
(F) Budget identifying costs for implementing the plan of suggested
TA activities by cost category (in accordance with the following):
(1) Direct Labor by position or individual, indicating the
estimated hours per position, the rate per hour, estimated cost per
staff position and the total estimated direct labor costs;
(2) Fringe Benefits by staff position identifying the rate, the
salary base the rate was computed on, estimated cost per position, and
the total estimated fringe benefit cost;
(3) Material Costs indicating the item, quantity, unit cost per
item, estimated cost per item, and the total estimated material costs;
(4) Transportation Costs, as applicable.
(5) Equipment charges, if any. Equipment charges should identify
the type of equipment, quantity, unit costs and total estimated
equipment costs;
(6) Consultant Costs, if applicable. Indicate the type, estimated
number of consultant days, rate per day, total estimated consultant
costs per consultant and total estimated costs for all consultants;
(7) Subcontract Costs, if applicable. Indicate each individual
subcontract and amount;
(8) Other Direct Costs listed by item, quantity, unit cost, total
for each item listed, and total other direct costs for the award;
(9) Indirect Costs should identify the type, approved indirect cost
rate, base to which the rate applies and total indirect costs.
[[Page 39690]]
These line items should total the amount requested for the TA
program. The grand total of all TA program funds requested should
reflect the grand total of all funds for which application is made.
(G) Certifications of Compliance with the following:
(1) Section 3 of the Housing and Urban Development Act of 1968;
(2) 24 CFR part 87 (New Restrictions on Lobbying). Applicants must
file the certification regarding appropriated funds, and if
nonappropriated funds have been spent on lobbying, the SF-LLL;
(3) Applicant/Recipient Disclosure/Update Report (this is form
2880).
(4) Fair Housing Act, Title VI of the Civil Rights Act of 1964 or
the Indian Civil Rights Act as applicable, Section 504 of the
Rehabilitation Act of 1973, and the Age Discrimination Act of 1975.
V. Corrections to Deficient Applications
After the application due date, HUD may not, consistent with 24 CFR
part 4, subpart B, consider unsolicited information from an applicant.
HUD may contact an applicant, however, to clarify an item in the
application or to correct technical deficiencies. Applicants should
note, however, that HUD may not seek clarification of items or
responses that improve the substantive quality of the applicant's
response to any eligibility or selection criterion. Examples of curable
technical deficiencies include failure to submit the proper
certifications or failure to submit an application containing an
original signature by an authorized official. In each case, HUD will
notify the applicant in writing by describing the clarification or
technical deficiency. HUD will notify applicants by facsimile or by
return receipt requested. Applicants must submit clarifications or
corrections of technical deficiencies in accordance with the
information provided by HUD within 7 calendar days of the date of
receipt of the HUD notification. If the deficiency is not corrected
within this time period, HUD will reject the application as incomplete.
VI. Findings and Certifications
(A) Paperwork Reduction Act Statement. The information collection
requirements contained in this NOFA have been submitted to the Office
of Management and Budget in accordance with the Paperwork Reduction Act
of 1995 (44 U.S.C. 3501-3520). The OMB approval number, once assigned,
will be published in the Federal Register. 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.
(B) 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, implementing 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
business hours in the Office of the Rules Docket Clerk, Room 10276,
Department of Housing and Urban Development, 451 Seventh Street, SW,
Washington, DC 20410-0500.
(C) 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 NOFA
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. This notice is a funding notice and
does not substantially alter the established roles of HUD, the States,
and local governments.
(D) Prohibition Against Lobbying Activities. Applicants for funding
under this NOFA 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) and to the
provisions of the Lobbying Disclosure Act of 1995 (Pub. L. 104-65;
approved December 19, 1995).
The Byrd Amendment, which is implemented in regulations at 24 CFR
part 87, prohibits applicants for Federal contracts and grants from
using appropriated funds to attempt to influence Federal executive or
legislative officers or employees in connection with obtaining such
assistance, or with its extension, continuation, renewal, amendment, or
modification. The Byrd Amendment applies to the funds that are the
subject of this NOFA. Therefore, applicants must file a certification
stating that they have not made and will not make any prohibited
payments and, if any payments or agreement to make payments of
nonappropriated funds for these purposes have been made, a form SF-LLL
disclosing such payments must be submitted.
Housing entities 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 housing entities established under State law
are not excluded from the statute's coverage.
(E) 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 (HUD Reform Act) and the regulations 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. HUD will
comply with the documentation, public access, and disclosure
requirements of section 102 with regard to the assistance awarded under
this NOFA, as follows:
(1) 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 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 at 24 CFR part 15. In addition, HUD will include the
recipients of assistance pursuant to this NOFA in its Federal Register
notice of all recipients of HUD assistance awarded on a competitive
basis.
(2) Disclosures. HUD will make available to the public for 5 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 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 15.
(F) Section 103--HUD Reform Act. HUD will comply with section 103
of the Department of Housing and Urban Development Reform Act of 1989
and HUD's implementing regulations in subpart B of 24 CFR part 4 with
regard to the funding competition announced today. These requirements
continue to apply until the announcement of the selection of successful
applicants. HUD employees involved in the review of
[[Page 39691]]
applications and in the making of funding decisions are limited by
section 103 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 section 103 and
subpart B of 24 CFR part 4.
Applicants or employees who have ethics related questions should
contact the HUD Office of Ethics (202) 708-3815. (This is not a toll-
free number.)
Dated: July 20, 1998.
Deborah Vincent,
General Deputy Assistant Secretary for Public and Indian Housing.
[FR Doc. 98-19676 Filed 7-20-98; 2:24 pm]
BILLING CODE 4210-33-P
