[Federal Register Volume 59, Number 89 (Tuesday, May 10, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-11213]
[[Page Unknown]]
[Federal Register: May 10, 1994]
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Part IV
Department of Housing and Urban Development
_______________________________________________________________________
Office of the Secretary
Office of the Assistant Secretary for Community Planning and
Development
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24 CFR Parts 582 et al.
Single Room Occupancy Program for Homeless Individuals; Final Rule
Homeless Assistance; Notice of Funding Availability
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
Office of the Secretary
24 CFR Parts 582, 583, and 882
[Docket No. R-94-1722; FR-3691-I-01]
RIN 2501 AB75
Supportive Housing Program, Shelter Plus Care, and Section 8
Moderate Rehabilitation; Single Room Occupancy Program for Homeless
Individuals
AGENCY: Office of the Secretary.
ACTION: Interim rule.
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SUMMARY: This interim rule for the Supportive Housing Program, Shelter
Plus Care, and section 8 Moderate Rehabilitation Single Room Occupancy
Program for Homeless Individuals amends the programs' regulations to
remove the detail in those regulations regarding the application and
grant award processes and indicates that a full description of the
application and grant award processes will be published in the Federal
Register in a notice of fund availability. It also amends these
regulations to clarify when Comprehensive Housing Affordability
Strategy (CHAS) certifications must be made under those programs.
DATES: Effective Date: June 9, 1994. Comments due date: July 11, 1994.
ADDRESSES: Interested persons are invited to submit comments regarding
this interim rule to the Office of General Counsel, Rules Docket Clerk,
room 10276, Department of Housing and Urban Development, Washington, DC
20410-0500. Communications should refer to the above docket number and
title. A copy of each communication submitted will be available for
public inspection and copying on weekdays between 7:30 a.m. and 5:30
p.m. at the above address. Comments sent by FAX are not acceptable.
FOR FURTHER INFORMATION CONTACT: Office of Special Needs Assistance
Programs; Department of Housing and Urban Development, room 7262, 451
Seventh Street, SW., Washington, DC 20410; (202) 708-1234; TDD for the
hearing and speech-impaired, (202) 708-2565. (Telephone numbers are not
toll-free.)
SUPPLEMENTARY INFORMATION:
I. Paperwork Reduction Act Statement
The information collection requirements contained in this interim
rule have been approved by the Office of Management and Budget (OMB)
under the Paperwork Reduction Act of 1980 and were assigned OMB control
numbers 2506-0112, 2506-0118, 2506-0131.
II. Background
This interim rule makes the following revisions to the Shelter Plus
Care Program, Supportive Housing Program, and section 8 Moderate
Rehabilitation Single Room Occupancy Program for Homeless Individuals:
Sections 582.200 and 583.200, both entitled ``notice of fund
availability'', are revised as described below. Sections 582.205 and
583.205, Grant award process, Secs. 582.210 and 583.210, Application
requirements, Secs. 582.215 and 583.215, Rating criteria for
applications, Secs. 582.220 and 583.220, Selecting applications, and
Secs. 582.225 and 583.225, Obtaining additional information and
awarding grants, are all deleted. In Sec. 882.805, paragraphs (a), (b),
(c), and (d) are revised. The current Sec. 882.805(b)(2), Comprehensive
housing affordability strategy (CHAS), becomes Sec. 882.805(c). A
conforming change is made in Sec. 882.805 to paragraph (f)(10).
The revisions to sections 582.200, 583.200 and 882.805 (a) and (b),
indicate that all information previously contained in these sections
will now be described in detail in the notice of fund availability
published in the Federal Register for each program funding round. The
rating criteria which are required by statute are also listed in the
new sections. The Shelter Plus Care statute allows additional criteria
as determined appropriate by HUD, but states that these additional
criteria must be listed in the interim rule. Accordingly, they are
included in Sec. 582.200. Although the non-statutory criteria that were
previously listed in the Supportive Housing Program rule in
Sec. 583.215(b)(7) and (8) and in the section 8 Moderate Rehabilitation
Single Room Occupancy Program for Homeless Individuals in
Sec. 882.805(b)(3)(ii)(C) to (G) are removed, these criteria are
included in the notice of fund availability published elsewhere in
today's Federal Register.
One of the selection criteria in the Shelter Plus Care statute is
geographic diversity. Section 582.220(b), which is now being deleted,
indicated that HUD will determine geographic diversity based on whether
each of the four Census Regions contains at least three fundable
applications. In practice, this definition of geographic diversity was
so broad that it had little effect. Considering that the universe of
applications can vary dramatically from one competition to another, the
application of geographic diversity will be determined for each
competition.
Two types of need are included in the Shelter Plus Care selection
criteria in new Sec. 582.200. The jurisdiction's need for homeless
assistance will be calculated by HUD from generally available data to
help ensure that Shelter Plus Care funds are used in areas with
significant homeless needs. The need within a jurisdiction for the
particular project will also be considered in the selection process.
The interim rule also amends Secs. 582.120 and 583.155 on the
Comprehensive Housing Affordability Strategy, or CHAS, and moves
Sec. 882.805(b)(2) on the same subject to become Sec. 882.805(c) and
amends that section. The language now makes clear that a funded
jurisdiction must certify that it is following the HUD-approved CHAS by
the time of grant execution, rather than by the application submission
deadline, as is now implied. Also, applicants that are not states or
units of general local government must only submit a certification by
the jurisdiction that the application is consistent with the
jurisdiction's HUD-approved CHAS.
III. Other Matters
Environmental Impact
In accordance with 40 CFR 1508.4 of the regulations of the Council
on Environmental Quality and 24 CFR 50.20 (k) and (l) of the HUD
regulations, the policies and procedures proposed in this document are
determined not to have the potential of having a significant impact on
the quality of the human environment and, therefore, are exempt from
further environmental reviews under the National Environmental Policy
Act of 1969.
Regulatory Planning and Review
This interim rule has been reviewed and approved in accordance with
Executive Order 12866, issued by the President on September 30, 1993
(58 FR 51735, October 4, 1993). Any changes to the interim rule
resulting from this review are available for public inspection between
7:30 a.m. and 5:30 p.m. weekdays in the Office of the Rules Docket
Clerk.
Impact on Small Entities
In accordance with the Regulatory Flexibility Act (5 U.S.C.
605(b)), the undersigned hereby certifies that this interim rule does
not have a significant economic impact on a substantial number of small
entities, because this interim rule only addresses the procedures of
the Department regarding the issuance of notices of funding
availability.
Federalism
The General Counsel, as the Designated Official under section 6(a)
of Executive Order 12612, Federalism, has determined that the policies
contained in this interim rule do not have federalism implications and,
thus, are not subject to review under the Order. This interim rule
addresses the procedures of the Department regarding the issuance of
notices of funding availability. It will not have substantial, direct
effects on States, on their political subdivisions, or on their
relationships with the Federal government, or on the distribution of
power and responsibilities between them and other levels of government.
Family Impact
The General Counsel, as the Designated Official under Executive
Order 12606, the Family, has determined that this interim rule will
have only an indirect, though beneficial, impact on family formation,
maintenance, and general well-being, since it should simplify the
procedure for the development of notices of funding availability, and
thus, is not subject to review under the Order.
Justification for Interim Rulemaking
Section 102 of the Department of Housing and Urban Development
Reform Act of 1989, 42 U.S.C. 3545, requires the Secretary to publish
in the Federal Register a notice of funding availability as well as a
description of application procedures and the selection criteria for
each program administered by the Secretary. Section 102 further
specifies that the selection criteria are to be published in the
Federal Register not less than 30 days before the application deadline.
HUD has elected pursuant to this authority to publish the description
of application procedures and the selection criteria in the notice of
fund availability. The Department has determined that the changes made
by this interim rule should be adopted without the delay occasioned by
requiring prior notice and comment. These changes simply constitute a
statutorily permissible change in the Department's solicitation
procedures. As such, prior notice and comment are unnecessary under 24
CFR part 10.
List of Subjects
24 CFR Part 582
Homeless, Rent subsidies, Reporting and recordkeeping requirements,
Supportive housing programs--housing and community development,
Supportive services.
24 CFR Part 583
Homeless, Rent subsidies, Reporting and recordkeeping requirements,
Supportive housing programs--housing and community development,
Supportive services.
24 CFR Part 882
Grant programs--housing and community development, Homeless, Lead
poisoning, Manufactured homes, Rent subsidies, Reporting and
recordkeeping requirements.
This interim rule was not listed in the Department's Semiannual
Agenda of Regulations published on April 25, 1994 (59 FR 20424) under
Executive Order 12866 and the Regulatory Flexibility Act.
Accordingly, for the reasons stated in the preamble, parts 582,
583, and 882 of title 24 of the Code of Federal Regulations are amended
as follows:
PART 582--SHELTER PLUS CARE
1. The authority citation for part 582 continues to read as
follows:
Authority: 42 U.S.C. 11403 note; 42 U.S.C. 3535(d).
2. Section 582.120 is amended by revising paragraphs (a), (b), and
(d) to read as follows:
Sec. 582.120 Comprehensive housing affordability strategy (CHAS).
(a) Applicants that are States or units of general local
government. The applicant must have a HUD-approved complete or
abbreviated CHAS pursuant to the requirements of the CHAS regulations
(24 CFR part 91), and must submit a certification that the application
for funding is consistent with the HUD-approved CHAS. If the applicant
is a State, and the project will be located in a unit of general local
government that is required to have, or has, a complete CHAS, or that
is applying for Shelter Plus Care assistance under the same notice of
fund availability (NOFA) and will have an abbreviated CHAS with respect
to that application, the State must also submit a certification by the
unit of general local government that the State's application is
consistent with the unit of general local government's HUD-approved
CHAS. Funded applicants must certify in a grant agreement that they are
following the HUD-approved CHAS.
(b) Applicants that are public housing agencies. The applicant must
submit a certification by the jurisdiction in which the proposed
project will be located that the applicant's application for funding is
consistent with the jurisdiction's HUD-approved CHAS. The certification
must be made by the unit of general local government or the State,
pursuant to the CHAS regulations at 24 CFR 91.1(b)(1)(ii).
* * * * *
(d) Timing of CHAS certification submissions. Unless otherwise set
forth in the NOFA, the required certification that the application for
funding is consistent with the HUD-approved CHAS must be submitted by
the funding application deadline announced in the NOFA.
3. Section 582.200 is revised to read as follows:
Sec. 582.200 Application and grant award.
(a) Review. When funds are made available for assistance, HUD will
publish a notice of fund availability in the Federal Register in
accordance with the requirements of 24 CFR part 12. Applications will
be reviewed and screened in accordance with the guidelines, rating
criteria and procedures published in the notice.
(b) Rating criteria. HUD will award funds based on the following
criteria:
(1) Ability of the applicant to develop and operate the proposed
assisted housing and supportive services program, taking into account
the quality of any ongoing program of the applicant;
(2) Geographic diversity among the projects to be assisted;
(3) The need for a program providing housing assistance and
supportive services for eligible persons in the area to be served;
(4) The quality of the proposed program for providing supportive
services and housing assistance;
(5) The extent to which the proposed funding for the supportive
services is or will be available;
(6) The extent to which the project would meet the needs of the
homeless persons proposed to be served by the program;
(7) The extent to which the program integrates program recipients
into the community served by the program;
(8) The cost-effectiveness of the proposed program;
(9) The extent to which the applicant has demonstrated coordination
with other Federal, State, local, private and other entities serving
homeless persons in the planning and operation of the project, to the
extent practicable;
(10) Extent to which the project targets homeless persons living in
emergency shelters, supportive housing for homeless persons, or in
places not designed for, or ordinarily used as, a regular sleeping
accommodation for human beings;
(11) Quality of the project; and
(12) Extent to which the program will serve homeless persons who
are seriously mentally ill, have chronic alcohol and/or drug abuse
problems, or have AIDS and related diseases.
(Approved by the Office of Management and Budget under control
number 2506-0118)
Secs. 582.205, 582.210, 582.215, 582.220, and 582.225 [Removed]
4. Sections 582.205, 582.210, 582.215, 582.220, and 582.225 are
removed.
PART 583--SUPPORTIVE HOUSING PROGRAM
5. The authority citation for part 583 continues to read as
follows:
Authority: 42 U.S.C. 11389; 42 U.S.C. 3535(d).
6. Section 583.155 is amended by revising paragraphs (a), (b), and
(d) to read as follows:
Sec. 583.155 Comprehensive housing affordability strategy (CHAS).
(a) Applicants that are States or units of general local
government. The applicant must have a HUD-approved complete or
abbreviated CHAS pursuant to the requirements of the CHAS regulations
(24 CFR part 91), and must submit a certification that the application
for funding is consistent with the HUD-approved CHAS. Funded applicants
must certify in a grant agreement that they are following the HUD-
approved CHAS.
(b) Applicants that are not States or units of general local
government. The applicant must submit a certification by the
jurisdiction in which the proposed project will be located that the
applicant's application for funding is consistent with the
jurisdiction's HUD-approved CHAS. The certification must be made by the
unit of general local government or the State, pursuant to the CHAS
regulations at 24 CFR 91.1(b)(1)(ii).
* * * * *
(d) Timing of CHAS certification submissions. Unless otherwise set
forth in the NOFA, the required certification that the application for
funding is consistent with the HUD-approved CHAS must be submitted by
the funding application deadline announced in the NOFA.
7. Section 583.200 is revised to read as follows:
Sec. 583.200 Application and grant award.
(a) Review. When funds are made available for assistance, HUD will
publish a notice of fund availability in the Federal Register in
accordance with the requirements of 24 CFR part 12. Applications will
be reviewed and screened in accordance with the guidelines, rating
criteria and procedures published in the notice.
(b) Rating criteria. HUD will award funds based on the following
criteria:
(1) The ability of the applicant to develop and operate a project;
(2) The innovative quality of the proposal in providing a project;
(3) The need for the type of project proposed by the applicant in
the area to be served;
(4) The extent to which the amount of assistance to be provided
under this part will be supplemented with resources from other public
and private sources;
(5) The cost effectiveness of the proposed project;
(6) The extent to which the applicant has demonstrated coordination
with other Federal, state, local, private and other entities serving
homeless persons in the planning and operation of the project, to the
extent practicable; and
(7) Such other factors as the Secretary determines to be
appropriate to carry out this part in an effective and efficient
manner.
(Approved by the Office of Management and Budget under control
number 2506-0112)
Sec. Sec. 583.205, 583.210, 583.215, 583.220, and 583.225 [Removed]
8. Sections 583.205, 583.210, 583.215, 583.220, and 583.225 are
removed.
PART 882--SECTION 8 HOUSING ASSISTANCE PAYMENTS PROGRAM--EXISTING
HOUSING
9. The authority citation for part 882 is revised to read as
follows:
Authority: 42 U.S.C. 1437a, 1437c, 1437f, and 3535(d). In
addition, subpart H is issued under the authority of 42 U.S.C.
11401.
10. Section 882.805 is amended by revising paragraphs (a), (b),
(c), (d), and (f)(10) to read as follows:
Sec. 882.805 Application and grant award.
(a) Review. When funds are made available for assistance, HUD will
publish a notice of fund availability in the Federal Register in
accordance with the requirements of 24 CFR part 12. Applications will
be reviewed and screened in accordance with the guidelines, rating
criteria and procedures published in the notice.
(b) Rating criteria. HUD will award funds based on the following
criteria:
(1) Ability of the applicant to develop and operate a project;
(2) Need for assistance; and
(3) Other criteria as determined appropriate by the Secretary.
(c) Comprehensive housing affordability strategy (CHAS)--
(1) Certifications of consistency. Except as provided in paragraph
(c)(2) of this section, the applicant must submit a certification by
the jurisdiction in which the proposed project will be located that the
applicant's application for funding is consistent with the
jurisdiction's HUD-approved CHAS. The certification must be made by the
unit of general local government or the State, pursuant to the CHAS
regulations at 24 CFR 91.1(b)(1)(ii).
(2) Exception. The CHAS certification is not required where the
proposed project will be located on a reservation of an Indian tribe or
the Insular Area of Guam, the U.S. Virgin Islands, American Samoa or
the Northern Mariana Islands.
(3) Timing of CHAS certification submissions. Unless otherwise set
forth in the NOFA, the required certification that the application for
funding is consistent with the HUD-approved CHAS must be submitted by
the funding application submission deadline announced in the NOFA.
(d) Receipt of information for environmental review. Information
must be submitted to allow completion of environmental reviews required
under 24 CFR Part 50. HUD may eliminate an application from
consideration where the application would require an Environmental
Impact Statement.
* * * * *
(f) * * *
(10) In the event that the PHA determines that any structure
proposed in its application is infeasible, or the PHA proposes to
select a different structure for any other reason, the PHA must submit
information for the proposed alternative structure to HUD for review
and approval. HUD will rate the proposed structure in accordance with
procedures in the applicable notice of fund availability. The PHA may
not proceed with processing for the proposed structure or execute an
Agreement until HUD notifies the PHA that HUD has approved the proposed
alternative structure and that all requirements have been met.
* * * * *
Dated: May 5, 1994.
Henry G. Cisneros,
Secretary.
[FR Doc. 94-11213 Filed 5-5-94; 4:16 pm]
BILLING CODE 4210-32-P
