[Federal Register Volume 59, Number 97 (Friday, May 20, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-12399]
[[Page Unknown]]
[Federal Register: May 20, 1994]
_______________________________________________________________________
Part III
Department of Housing and Urban Development
_______________________________________________________________________
Office of Assistant Secretary for Public and Indian Housing
_______________________________________________________________________
Funding Availability for Fiscal Years 1993 and 1994; Invitation for
Applications: Public Housing Development--MROP Activities; Notice
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
Office of Assistant Secretary for Public and Indian Housing
[Docket No. N-94-3758; FR-3637-N-01]
Notice of Funding Availability (NOFA) for FY 1993 and 1994;
Invitation for Applications: Public Housing Development--MROP
Activities
AGENCY: Office of the Assistant Secretary for Public and Indian
Housing, HUD.
ACTION: Notice of Funding Availability (NOFA) for Fiscal Year (FY) 1993
and FY 1994 for Public Housing Development--MROP Activities; Invitation
for Applications.
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SUMMARY: This NOFA announces the availability of FY 1993 and 1994
funding, and invites eligible public housing agencies (PHAs) to submit
development applications for MROP activities. Because the number of
applications for FY 1993 funding which received perfect scores was in
excess of available funding (funding of all applications receiving a
perfect score of 90 would only have permitted funding at 40 percent of
the amount requested), this NOFA withdraws the FY 1993 NOFA published
on September 13, 1993 (58 FR 47940).
The FY 1993 funding is being combined and re-announced with the FY
1994 funding under this Public Housing Development--MROP Activities
NOFA (MROP Activities NOFA).
All unfunded MROP activities applications submitted in response to
the FY 1993 NOFA will be returned to the PHAs for resubmission in
response to this combined FY 1993 and FY 1994 NOFA. At the option of
the PHA, an application may be amended and resubmitted, or a new MROP
activities application may be submitted. No other types of applications
will be accepted under this NOFA.
A separate NOFA applicable to the public housing development
program will be published in the Federal Register.
This MROP Activities NOFA provides instructions regarding the
preparation and processing of applications.
This NOFA is NOT applicable to the Indian housing program.
DATES: Applications are due at the HUD Field Office on or before 4
p.m., local time, on July 5, 1994. Section III of this NOFA provides
further information on application submission. The PHA must clearly
write ``Public Housing Development--MROP Activities Application'' on
the outside of the envelope and obtain a return receipt indicating the
date and time of delivery.
The application deadline is firm as to date and hour. In the
interest of fairness to all applicants, HUD will not consider any
application that is received after the deadline. PHAs should take this
into account and submit applications as early as possible to avoid risk
of application ineligibility brought about by unanticipated delays or
delivery-related problems. In particular, PHAs intending to mail
applications must provide sufficient time to permit delivery on or
before the deadline. Acceptance by a Post Office or private mailer does
not constitute delivery. Facsimile (Fax), COD, and postage due
applications will NOT be accepted.
FOR FURTHER INFORMATION CONTACT: Janice Rattley, Office of
Construction, Rehabilitation and Maintenance, Department of Housing and
Urban Development, 451 Seventh Street SW., room 4136, Washington, DC
20410. Telephone (202) 708-1800 (voice) or (202) 708-4594 (TDD). (These
are not toll-free numbers.)
SUPPLEMENTARY INFORMATION: Paperwork Reduction Act Statement: The
information collection requirements contained in this NOFA have been
approved by the OMB under the Paperwork Reduction Act of 1980 and have
been assigned OMB control numbers 2577-0033, 2577-0036, and 2577-0044.
I. Introduction
A. Authority
Section 5 of the United States Housing Act of 1937 (42 U.S.C.
1437c); and section 7(d) of the Department of Housing and Urban
Development Act (42 U.S.C. 3535(d)). Public housing development
regulations are published at 24 CFR part 941. The Catalog of Federal
Domestic Assistance Program number is 14.850.
B. Fund Availability
In accordance with the FY 1994 HUD Appropriations Act (Pub. L. 103-
124, approved October 28, 1993), the Department is making available,
through this NOFA, up to $119.2 million of the FY 1994 public housing
development funds for MROP activities consistent with section 111 of
the Housing and Community Development (HCD) Act of 1992 (Pub. L. 102-
550, approved October 28, 1992). Because some of the appropriated funds
are to be derived from recapture of prior year obligations, a lesser
amount may be available under this NOFA, unless actual recaptures
during the current Fiscal Year return the amount to the appropriated
level.
In addition, the $60 million of FY 1993 public housing development
funds provided in the FY 1993 HUD Appropriations Act (Pub. L. 102-389,
approved October 6, 1992) for MROP activities consistent with section
111 of the HCD Act of 1992, is also being made available.\1\
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\1\As noted in the September 13, 1993 FY 93 MROP Activities
NOFA, the FY 1993 funds are being made available for MROP activities
in accordance with the Joint Statement of the Managers in
Explanation of the Conference Agreement (see H.R. Rep. 103-165, pg.
31) on the Supplemental Appropriations Act of 1993 (Pub. L. 103-50,
approved July 2, 1993).
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Consistent with section 624 of the HCD Act of 1992, HUD has
established a set-aside of five percent of the total of up to $179.2
million (which provides up to $8,950,000 depending on recaptures) for
MROP Activities for housing designated for disabled families, which
will be the subject of a separate NOFA to be published by the
Department.
C. Fund Assignments
Funding for MROP activities is provided for the reconstruction of
existing public housing, the extent of which is not predictable by
formula. Therefore, the funds provided under this NOFA will not be
fair-shared. This determination was made on the basis of the exclusion
of funds as incapable of geographic allocation pursuant to 24 CFR
791.403(b) published in the Federal Register on August 4, 1993 (58 FR
41426).
Field Offices will ascertain threshold-approvability and, after
Joint Review, send the threshold-approvable applications to a review
selection panel(s) comprised of representatives from various Field
Offices (hereafter referred to as ``panel(s)'').
The panel(s) shall rate and rank the threshold-approvable
applications based on the criteria in Section IV.E. of this NOFA, and
provide Headquarters with a list, in rank order, reflecting the
ratings. The Department, in its discretion, may choose to select or
partially fund a lower-rated application in order to increase national
geographic diversity, and/or to increase the diversity of development
types (high-rise buildings of five or more stories and those which
include only low-rise buildings).
D. Eligibility
Applications for public housing development--MROP activities must
be submitted by PHAs eligible for development funding which have the
required local cooperation and legal authority to develop, own and
operate public housing projects.
PHAs eligible under the Comprehensive Improvement Assistance
Program (CIAP) (CIAP-eligible PHAs) and under the Comprehensive Grant
Program (CGP) (CGP-eligible PHAs) may apply for these funds. CIAP and
CGP are hereinafter referred to as ``modernization.'' Applications will
be determined eligible using the modernization procedures outlined in
Public Housing Modernization rule 24 CFR part 968, as amended by the
interim rule for Public and Indian Housing, Revised Comprehensive
Improvement Assistance Program, published on March 15, 1993 (58 FR
13916), (as modified by this NOFA).
Applications must meet the threshold approvability requirements in
Section IV.B of this NOFA, including the following requirements which
must be addressed in the PHA's Narrative Statement accompanying its
application, and will be rated by a panel(s) on the Technical Review
Factors listed in Section IV.E. of this NOFA.
1. A project proposed for MROP activities must have long-term
viability after reconstruction and the annual contributions contract
(ACC) for the project must remain in effect for 40 years. In
determining viability, the PHA must have a comprehensive plan (funded
from other sources such as CIAP, CGP, donations, etc.) for the project
for which the funds for MROP activities are being requested. The
comprehensive plan for the project may be part of the PHA's
comprehensive plan for modernization. The comprehensive plan must
demonstrate a strategy which will assure that the entire development
will be viable for a minimum period of 20 years. This strategy may
include, but not be limited to, an estimate of the required amount
needed for rehabilitation of the remaining portion of the development
to the extent any additional rehabilitation is required; sources of
funding for the additional work; any proposed demolition/disposition
that may be planned; and written evidence of local government and
resident support for the strategy.
2. A proposed MROP activities project must be a rental (not
homeownership) project.
3. An ``obsolete project or building'' is one that has design or
marketability problems that have resulted in:
a. Current vacancies of more than 25 percent of the units available
for occupancy; or
b. (1) Estimated costs of the project (including any costs for
lead-based paint abatement activities) that exceed 70 percent of the
total current development cost limits for new construction of similar
units in the area; and
(2) The project or building has:
(a) An occupancy density or a building height that is significantly
in excess of that which prevails in the neighborhood; or
(b) A bedroom configuration that could be altered to better serve
the needs of families seeking occupancy to public housing; or
(c) Significant security problems in and around the project; or
(d) Significant physical deterioration or inefficient energy and
utility systems.
4. The deficiencies must be determined correctable under the CGP or
the CIAP procedures (see 24 CFR part 968 and related issuances), to
ensure long-term viability (a useful life with full occupancy) of more
than 20 years after completion of reconstruction; the ACC for the
project must remain in effect for 40 years.
5. Existing projects which consist of more than one building may
have MROP activities funding in any single year limited to one or more
(less than all) of a project's buildings. Where separate portions of an
existing project receive MROP funding in different fiscal years, each
portion must be given a separate MROP project number and the funds
reserved must be sufficient to complete all of the reconstruction
needed to make the portion viable; in such cases, the funds for each
MROP project must be kept separate and may not be commingled.
6. A combination of MROP activities and modernization funds may be
used within a project, but may not be used within the same units (or
buildings, as applicable). For example, if an existing project consists
of low-rise, row, and elevator buildings, an MROP activities project
could be approved to include all or some of the row units, with the
balance of units included in a modernization project. MROP funds may,
however, be used in conjunction with Urban Revitalization Demonstration
funds (HOPE VI) without limitation.
7. Management improvements are an eligible cost under MROP
activities to the extent that such improvements are necessary for the
viability of the project (i.e., to maintain the physical improvements
resulting from the proposed redesign, reconstruction, or redevelopment
MROP activities).
E. Restrictions
1. If partial demolition/disposition is required:
a. A demolition/disposition application must have been approved
before the MROP activities application may be approved; or
b. The application must have been submitted along with evidence of
approval by the unit of general local government in which the project
is located. This approval may be obtained from the Chief Executive
Officer.
2. Conversion of units (by combining small units to make larger
units or vice versa) must either be approved before an MROP activities
application involving conversion may be approved, or an application for
said conversion must have been submitted, and the cost of any
conversion must be considered in the MROP activities application.
3. Funding provided for MROP activities at a project may not be
used for total demolition/disposition of that project, but may be used
for partial demolition/disposition if required to meet long-term
viability; however, 75 percent of the units in the project or portion
of the project which comprises the MROP application must be
reconstructed.
II. Application Process Overview
A. PHA Application
A PHA applying for development funds for MROP activities shall
prepare a CIAP application, as modified by this NOFA. The initial
review process shall follow the CIAP procedures; however, once
selected, the application shall be processed under public housing
development procedures.
B. Application Processing
The Field Office will screen each application for completeness and
will provide the PHA with a 14 calendar-day opportunity to furnish any
missing technical information or exhibits, or to correct technical
mistakes. Each application will then be subjected to a ``pass/fail''
threshold examination by the Field Office. Each passing application
will be rated as to the Technical Review Factors listed in Section
IV.E. of this NOFA by a panel(s).
C. Application Approval
Panels comprised of representatives from various Field Offices will
prepare rankings based on the panels' ratings and Headquarters will
select applications for approval to the extent funds are available.
D. Disclosure of Information
The Department of Housing and Urban Development Reform Act of 1989
(HUD Reform Act) prohibits advance disclosure of funding decisions.
(See 24 CFR part 4.) Civil penalties related to advance disclosure are
set out in 24 CFR part 30. Application approval/non-approval
notifications shall not occur until the Congressional notification
process is completed. (See Section VIII.F of this NOFA for more
detailed information.)
E. Records Retention
Applications and materials related to applications (e.g.,
application scoring sheets, and notifications of selection/non-
selection) will be retained in the appropriate Field Office for five
years, and be available for public inspection in accordance with 24 CFR
part 12. (See Section VIII.G of this NOFA for more detailed
information.)
III. Application Requirements
A. All Applicants
No more than one project (or portion of a project) may be proposed
for MROP activities per application, although more than one application
may be submitted by a PHA. Each application shall consist of an
original and two copies, and must include the following:
1. Cover letter
The cover letter must identify the project proposed for MROP
activities by its original project number (e.g., WY 22-2), and its
total number of units (and buildings, if applicable). If fewer than the
total number of units are being proposed, the cover letter shall
summarize the PHA's plans for the remaining units. If more than one
application is submitted, the cover letter must state the PHA's
priorities for funding. The PHA must include a statement of whether the
PHA will accept funding for the reconstruction of fewer units.
2. CIAP Application and Budget--Forms HUD 52822 and 52825
The application and budget forms must each be signed and dated and
include the information as specified in the forms. No more than one
original project number shall be included in each application
submission.
3. Narrative Statement
The narrative statement must address each of the technical review
factors under Section IV.E. of this NOFA, each of the eligibility
criteria under Section I.D. of this NOFA and each of the restriction
criteria under Section I.E. of this NOFA.
4. Demolition/Disposition or Conversion of Units
If, as part of the MROP activities, the PHA intends to demolish/
dispose (demo/dispo) of some of the units or to convert units (combine
small units to make larger ones, or vice versa), the PHA shall provide
the date the demo/dispo or conversion was approved by HUD or the date
the demo/dispo or conversion application was submitted. If the demo/
dispo application has not yet been approved, the application for MROP
activities that involves the demo/dispo of units must be accompanied by
evidence of approval by the unit of general local government in which
the project is located (it can be provided by the Chief Executive
Officer). Development funds for MROP activities may not be used for
total demo/dispo (see Section I.E.3. of this NOFA).
5. PHA Resolution In Support of the Application (Form HUD-52471)
Under this resolution, the PHA agrees to comply with all
requirements of 24 CFR part 941. These requirements include, among
others: nondiscrimination under the applicable civil rights laws; the
requirements imposed by the Uniform Relocation Assistance and Real
Property Acquisition Policies Act of 1970 (URA) (42 U.S.C. 4601-4655);
the accessibility requirements of section 504 of the Rehabilitation Act
of 1973 (29 U.S.C. 794), and HUD's implementing regulations at 24 CFR
part 8; and section 3 of the Housing and Urban Development Act of 1968
(12 U.S.C. 1701u), and HUD's implementing regulations at 24 CFR part
135. By executing the PHA resolution, the PHA also certifies that it
will comply with the accessibility requirements of the Americans with
Disabilities Act of 1990 (42 U.S.C. 12131), and its implementing
regulation at 28 CFR part 35.
6. Local Governing Body Resolution (Form HUD-52472)
If front-end funds are requested, the PHA must submit a Local
Governing Body Resolution/ Transcript of Proceedings (Form HUD-52472).
7. Drug-Free Workplace
The PHA must submit the Certification for a Drug-Free Workplace
(Form HUD-50070) in accordance with 24 CFR 24.630.
8. Certification for Contracts, Grants, Loans and Cooperative
Agreements (Form HUD-50071)
In accordance with section 319 of the Department of Interior and
Related Agencies Appropriations Act for Fiscal Year 1990 (31 U.S.C.
1352) (the ``Byrd Amendment'') and the regulations at 24 CFR part 87,
the PHA must certify that no federally appropriated funds have been
paid or will be paid, by or on behalf of the PHA for influencing or
attempting to influence an officer or employee of any agency, or a
member of Congress in connection with the awarding of any Federal
contract, the making of any Federal grant or loan, the entering into of
any cooperative agreement, and the extension, continuation, renewal,
amendment, or modifications of any Federal contract, grant, loan, or
cooperative agreement. (See also Section VIII.D of this NOFA.)
9. Form SF-LLL, Disclosure of Lobbying Activities
Also, in accordance with the Byrd Amendment and the regulations at
24 CFR part 87, the PHA must complete and submit Form SF-LLL if funds
other than federally appropriated funds have been paid or will be paid
by or on behalf of the PHA for influencing or attempting to influence
an officer or employee of any agency, or a member of Congress in
connection with the awarding of any Federal contract, the making of any
Federal grant or loan, the entering into of any cooperative agreement,
and the extension, continuation, renewal, amendment, or modifications
of any Federal contract, grant, loan, or cooperative agreement. (See
also Section VIII.D of this NOFA.)
10. Disclosure of Government Assistance and Identity of Interested
Parties (Form HUD 2880)
The PHA must submit the Applicant/Recipient Disclosure/Update
Report (Form HUD-2880) in accordance with the requirements of 24 CFR
part 12, subpart C.
IV. Field Office Processing of Applications
A. Initial Screening
1. Immediately after the deadline for receipt of applications, the
Field Office will screen each application to determine whether all
information and exhibits have been submitted; no qualitative evaluation
will be made at this time.
a. If an application lacks any technical information or exhibit, or
contains a technical mistake, the PHA will be advised in writing and
will have 14 calendar days from the date of the issuance of HUD's
notification to deliver the missing or corrected information or
documentation to the Field Office. For example, the PHA Narrative
Statement must address each of the technical review factors under
Section IV.E., the eligibility criteria under Section I.D. and the
restriction criteria under Section I.E. of this NOFA.
b. Curable technical deficiencies relate only to items that would
not improve the substantive quality of the application, relative to the
ranking factors.
c. If Forms HUD 52822 (Application) or HUD 52825 (Budget) are
missing, the PHA's application will be considered substantively
incomplete, and therefore ineligible for further processing. However,
if other forms [for example, Form HUD 50070 (Drug Free Workplace
Certification), Form HUD 50071 (Certification for Contracts, Grants,
Loans and Cooperative Agreements), Form SF LLL (Disclosure of Lobbying
Activities), if applicable, or Form HUD 2880 (Application/ Recipient
Disclosure/Update Report)] are missing, or if there is a technical
mistake, such as no signature or the wrong signature on a submitted
form, the PHA will be given an opportunity to correct the deficiency.
2. The responsibility for submitting a complete application rests
with the PHA. Failure of the Field Office to identify and provide a
notice of deficiency to the PHA shall not relieve the PHA of the
consequences of submitting an incomplete application.
3. An application that does not meet all of the NOFA requirements
after the 14-day technical deficiency period will be removed from
processing and determined to be unapprovable. If the PHA fails to
correct deficiencies or fails to submit missing forms or
certifications, or any certification is incomplete or not executed by
the appropriate person(s), or the PHA Narrative Statement fails to
address each of the Section IV.E. technical review factors, and each of
the Section I.D. eligibility criteria and the Section I.E. restriction
criteria, the application will not be examined for threshold
approvability.
B. Application Threshold Approvability
After initial screening and upon expiration of the deficiency
``cure'' period, applications for which all the information,
certifications, and documentation required by the NOFA have been
received by HUD will be examined for threshold approvability.
Applications that fail one or more of the threshold criteria will be
removed from processing and determined to be unapprovable. Applications
which successfully pass the threshold review (threshold-approvable
applications) will, following Joint Review, be submitted by the Field
Office to a panel(s) which will rate applications, using the criteria
set out in Section IV.E. of this NOFA. All applications must meet the
following thresholds to be determined threshold-approvable:
1. The MROP activities application must meet the eligibility
criteria of Section I.D. and the restriction criteria of Section I.E.
2. The PHA may not have any litigation pending which would preclude
approval of the application. The PHA must have the required local
cooperation and be legally eligible to develop, own, and operate public
housing under the U.S. Housing Act of 1937 and the application must
have a properly executed and complete PHA Resolution (Form HUD 52471)
referring to the need for front-end funding, if requested, and a Local
Governing Body Resolution (HUD 52472) which approves the request for
front-end funds, if front-end funds are requested.
(Note: The PHA Resolution certifies to the PHA's intent to comply
with all requirements imposed by the Uniform Relocation Assistance
and Real Property Acquisition Policies Act of 1970 (URA) (42 U.S.C.
4601-4655); the accessibility requirements of section 504 of the
Rehabilitation Act of 1973 (29 U.S.C. 794) and HUD's implementing
regulations at 24 CFR part 8; and section 3 of the Housing and Urban
Development Act of 1968 (12 U.S.C. 1701u), and HUD's implementing
regulations at 24 CFR part 135. By executing the PHA resolution, the
PHA also certifies that it will comply with the accessibility
requirements of the Americans with Disabilities Act of 1990 (42
U.S.C. 12131), and its implementing regulation at 28 CFR part 35.)
3. The Field Office must determine that the PHA has or will have
the capability (as defined by Section IV.E.(1)(c)) to complete the MROP
reconstruction activities and manage the resulting housing. The Field
Office shall determine capability based upon the PHA's overall
performance, which includes the PHA's total score under the Public
Housing Management Assessment Program (PHMAP) (see 24 CFR part 901),
and the PHA's most recent fiscal audit.
a. A PHA shall not be determined to lack administrative or
development capability simply because it has no recent experience in
developing or managing public/assisted housing.
b. No application shall be determined to be approvable if the PHA
has failed to return excess advances received during development or
modernization, or amounts determined by HUD to constitute excess
financing based on a HUD-approved Actual Development Cost Certificate
(ADCC) or Actual Modernization Cost Certificate (AMCC), unless HUD has
approved a pay-back plan.
4. There are no environmental factors precluding the MROP
activities.
5. The PHA must be in compliance with civil rights laws and equal
opportunity requirements. A PHA will be considered to be in compliance
if (1) as a result of formal administrative proceedings, there are no
outstanding findings of noncompliance with civil rights laws unless the
PHA is operating in compliance with a HUD-approved compliance agreement
designed to correct the area(s) of noncompliance; (2) there is no
adjudication of a civil rights violation in a civil action brought
against it by a private individual, unless the applicant demonstrates
that it is operating in compliance with a court order designed to
correct the area(s) of noncompliance; (3) there is no deferral of
Federal funding based upon civil rights violations; (4) there is no
pending civil rights suit brought against the PHA by the Department of
Justice; or (5) there is no unresolved charge of discrimination against
the PHA issued by the Secretary under section 810(g) of the Fair
Housing Act, as implemented by 24 CFR 103.400.
C. Joint Review
In accordance with the designation of projects requiring Joint
Reviews, the Field Office will conduct a (either on-site or off-site)
Joint Review for each threshold-approvable MROP activities application
as early as possible pursuant to the interim rule for the revised CIAP
program, published on March 15, 1993 (58 FR 13916). The purpose of the
Joint Review is to allow the Field Office to more thoroughly understand
the goals of the proposed MROP so it can prepare written comments
summarizing the results of the Joint Review; in contrast to the CIAP
procedures, the PHA's MROP application shall not be modified as a
result of the Joint Review in any way.
D. Field Submissions
For each threshold-approvable application, the following must be
prepared and submitted by the Field Office to the panel(s):
1. Copy of each application, narrative description of the number of
units and units by bedroom size, structure type(s), cost area, funding
required, metro/non-metro designation, results of the eligibility
determinations made under Section I.D. of this NOFA and the restriction
determinations under Section I.E. of this NOFA, as well as the results
of the Joint Review pursuant to Section IV.C. of this NOFA; and
2. Review sheet summarizing critical information about the project,
including a brief description of proposed MROP activities and their
proposed cost including any management improvements and a statement of
the determination made as to the extent such improvements are necessary
to maintain the physical improvements resulting from the proposed MROP
activities, the applicable total development cost limitation, a
discussion of the relationship and approval date of any demolition/
disposition or conversion, and the feasibility of MROP activities
compared to demolition/disposition.
E. Panel Review Criteria
The panel(s) will review and rate each application on the basis of
the following Technical Review Factors; the panel(s) may request
information from the Field Office, or make site visits, as needed:
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MROP activities panel technical review factors Points
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(1) PHA's management capability to carry out the proposed
MROP activities: (Maximum of 30 points)
(a) PHMAP overall rating 60-100........................... 15
and
(b) PHMAP (#12) development and (#1) modernization scores
A-B average.............................................. 15
or
(c) PHMAP overall rating <60, but contingent contract is
included meeting procurement requirements with qualified
entity to act as project administrator on PHA's behalf... 30
(2) The expected term of useful life of the project or
building after completion of MROP activities. (Maximum of
30 points)
(a) The plan/strategy is comprehensive and demonstrates
that the rehabilitation will result in a useful life of
at least 20 years; e.g., management deficiencies are
addressed; all physical deficiencies are addressed; local
and resident support are integrated throughout the
project improvement effort............................... 1-10
(b) Degree of Resident Involvement and degree of PHA
activity in resident initiatives, including resident
management, economic development, and drug elimination
efforts.................................................. 1-5
(c) Degree of local government and private sector
involvement and support.................................. 1-5
(d) Evidence of satisfactory maintenance of other
developments in the PHA's inventory...................... 1-10
(3) The likelihood of achieving full occupancy of the
reconstructed units comprising the project or building
after completion of MROP activities. (Maximum of 40)
(a) Need--The PHA's needs for CIAP/CGP/URD are so great
that there is little or no likelihood this project, which
has demonstrated need, will be modernized in the
foreseeable future without MROP funds.................... 1-30
(b) Adequate occupancy systems/procedures are in place or
will be in place to achieve full occupancy once
modernized............................................... 1-10
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MROP activities panel total possible points........... 100
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V. MROP Activities Funding and Further Processing
A. Each MROP activities application selected for funding by
Headquarters shall:
1. Have funds reserved in an amount of at least 70 percent of the
development cost limitation for the area and:
a. The reservation amount will be ``trended'' to preclude the need
for amendment funds;
b. The trend will be calculated by multiplying the percent of
development cost by 5.4 percent (1.054), rounded to the nearest $50;
2. Be assigned a development project number and entered into the
appropriate HUD data systems; and
3. During and after fund reservation, development procedures shall
be followed (24 CFR part 941 and Handbook 7417.1 REV-1) except:
a. MROP activities work may only be accomplished by:
(1) Sealed bid procurement method with award to the lowest
responsible bidder; or
(2) Competitive proposal method as permitted for modernization
projects under Notice PIH 93-50 (HA), whereby the PHA would execute a
fixed price contract in which the contractor would be responsible for
design of specific work items identified in the Request for Proposals,
soliciting and contracting for construction work, contract
administration and construction inspection; the contract could either
provide for progress payments, as in the sealed bid method, or a lump
sum payment after successful completion of all work;
b. CIAP modernization standards set forth in Handbook 7485.2 REV-1
must be used;
c. The PHA must incorporate its approved MROP activities
application into a PHA Proposal (Form HUD-52483A);
d. The special MROP Annual Contributions Contract (Form HUD-53010-
I), included in Notice PIH 89-41(HUD), must be used;
e. There will be no amendment funds to increase the original amount
of the MROP activities fund reservation.
VI. Checklist of Application Submission Requirements
A. Application Checklist
PHAs may use the following application checklist, which enumerates
the submission requirements of Section III of this NOFA.
1. Forms HUD-52822 and HUD-52825, CIAP Application and CIAP Budget;
2. Narrative statement addressing each of the eligibility criteria
under Section I.D. of this NOFA, each of the restriction criteria under
Section I.E. of this NOFA, and each of the Technical Review Factors
under Section IV.E. of this NOFA;
3. Information/certification, as applicable, if the application
involves demo/dispo or conversion of units;
4. HUD-52471, PHA Resolution in Support of Public Housing;
5. HUD-52472, Local Governing Body Resolution, if front-end funds
are being requested by the PHA.
[Note: If front-end funds are requested, the HUD-52471 must be
appropriately modified.];
6. PHA statement identifying its funding preferences if more than
one application is being submitted;
7. HUD-50070, PHA Certification for a Drug-Free Workplace;
8. HUD-50071, Certification for Contracts, Grants, Loans and
Cooperative Agreements;
9. Form SF-LLL, Byrd Amendment Disclosure and Certification
Regarding Lobbying, only if the applicant determines it is applicable;
10. Form HUD-2880, Disclosure of Government Assistance and Identity
of Interested Parties.
B. Application Packets
Forms comprising the application package may be obtained from the
HUD Field Office.
VII. 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,
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 and copying between 7:30 a.m. and 5:30
p.m. weekdays at the Office of the Rules Docket Clerk, 451 Seventh
Street SW., room 10276, Washington, DC 20410.
B. Federalism
The General Counsel, as the Designated Official under section 6(a)
of Executive Order 12612, Federalism, has determined that this NOFA
will not have substantial, direct effects on States, on their political
subdivisions, or on their relationship with the Federal government, or
on the distribution of power and responsibilities between them and
other levels of government. The NOFA will provide PHAs with funding for
public housing development MROP activities.
C. Family Impact
The General Counsel, as the Designated Official for Executive Order
12606, the Family, has determined that the provisions of this NOFA do
not have the potential for significant impact on family formation,
maintenance and general well-being within the meaning of the Order. To
the extent that the funding provided through this NOFA results in
additional or improved housing, the effects on the family will be
beneficial.
D. Prohibition Against Lobbying Activities
The Byrd Amendment. The use of funds awarded under this NOFA is
subject to the disclosure requirements and prohibitions of section 319
of the Department of Interior and Related Agencies Appropriations Act
for Fiscal Year 1990 (31 U.S.C. 1352) and the implementing regulations
at 24 CFR part 87. These authorities prohibit recipients of Federal
contracts, grants, or loans from using appropriated funds for lobbying
the Executive or Legislative Branches of the Federal Government in
connection with a specific contract, grant, or loan. The prohibition
also covers the awarding of contracts, grants, cooperative agreements,
or loans unless the recipient has made an acceptable certification
regarding lobbying.
Under 24 CFR part 87, applicants, recipients, and subrecipients of
assistance exceeding $100,000 must certify that no Federal funds have
been or will be spent on lobbying activities in connection with the
assistance. A certification is required, at the time the application
for funds is made, that Federally appropriated funds are not being or
have not been used in violation of section 319 and that disclosure will
be made of payments for lobbying with other than Federally appropriated
funds. Also, there is a standard disclosure form, SF-LLL, ``Disclosure
Form to Report Lobbying,'' which must be used to disclose lobbying with
other than Federally appropriated funds.
E. Prohibition Against Lobbying of HUD Personnel
Section 13 of the Department of Housing and Urban Development Act
(42 U.S.C. 3537b) contains two provisions dealing with efforts to
influence HUD's decisions with respect to financial assistance. The
first imposes disclosure requirements on those who are typically
involved in these efforts--those who pay others to influence the award
of assistance or the taking of a management action by the Department
and those who are paid to provide the influence. The second restricts
the payment of fees to those who are paid to influence the award of HUD
assistance, if the fees are tied to the number of housing units
received or are based on the amount of assistance received, or if they
are contingent upon the receipt of assistance.
HUD's regulation implementing section 13 is codified at 24 CFR part
86. If readers are involved in any efforts to influence the Department
in these ways, they are urged to read the final rule, particularly the
examples contained in Appendix A of the rule. Appendix A of this rule
contains examples of activities covered by this rule.
Any questions concerning the rule should be directed to the Office
of Ethics, room 2158, Department of Housing and Urban Development, 451
Seventh Street, SW., Washington DC 20410. 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.
F. Prohibition Against Advance Information on Funding Decisions
Section 103 of the HUD Reform Act proscribes the communication of
certain information by HUD employees to persons not authorized to
receive that information during the selection process for the award of
assistance. HUD's regulation implementing section 103 is codified at 24
CFR part 4. That regulation 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 24 CFR 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 by 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 Regional
or Field Office Counsel, or Headquarters Counsel for the program to
which the question pertains.
G. Accountability in the Provision of HUD Assistance
HUD's regulations at 24 CFR part 12 implement section 102 of the
HUD Reform Act. Section 102 contains a number of provisions designed to
ensure greater accountability and integrity in the provision of certain
types of assistance administered by HUD. The following requirements
concerning documentation and public access disclosures are applicable
to assistance awarded under this NOFA.
1. Documentation and Public Access
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 requirements.)
2. 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 of 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.)
Dated: May 13, 1994.
Joseph Shuldiner,
Assistant Secretary for Public and Indian Housing.
[FR Doc. 94-12399 Filed 5-19-94; 8:45 am]
BILLING CODE 4210-33-P