[Federal Register Volume 59, Number 117 (Monday, June 20, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-14947]


[[Page Unknown]]

[Federal Register: June 20, 1994]


_______________________________________________________________________

Part XI





Department of Housing and Urban Development





_______________________________________________________________________



Office of the Assistant Secretary for Public and Indian Housing



_______________________________________________________________________




NOFA for Lead-Based Paint (LBP) Risk Assessments; Notice
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

Office of the Assistant Secretary for Public and Indian Housing
[Docket No. N-94-3778; FR-3682-N-01]

 
NOFA for Lead-Based Paint (LBP) Risk Assessments

AGENCY: Office of the Assistant Secretary for Public and Indian 
Housing, HUD.

ACTION: Notice of funding availability for FY 1994.

-----------------------------------------------------------------------

SUMMARY: This NOFA informs Public Housing Agencies and Indian Housing 
Authorities (referred to jointly as ``HAs'') that have pre-1980 family 
developments, of the availability of $11,940,611 in funding for lead-
based paint (LBP) risk assessments. The NOFA contains information on 
the following:
    (a) The purpose of the NOFA, available amounts and eligibility;
    (b) Application processing, including how to apply and how 
selections will be made;
    (c) A schedule of steps involved in the application process; and
    (d) Notice of the requirement that the Department's risk assessment 
protocol be used by HAs in conducting a LBP risk assessment and in 
developing recommendations regarding in-place management.

DATES: An application may be submitted immediately after publication of 
this NOFA, and must be submitted by 3:00 p.m. local time (i.e., the 
time in the HUD Field Office where the application is submitted) on 
August 4, 1994 (see Appendix of this NOFA for the Hours of Operation of 
HUD Area and Field Offices). This deadline is firm as to date and hour. 
In the interest of fairness to all applicants, the Department will 
treat as ineligible for consideration any application that is received 
after the deadline. Applicants should take this practice into account 
and make early submission of their applications to avoid any risk of 
loss of eligibility brought about by unanticipated delays or other 
delivery-related problems.

ADDRESSES: Application forms may be requested from HUD Field Offices 
listed in the Appendix of this NOFA. Completed applications are to be 
submitted to the Field Office that has jurisdiction over the HA 
submitting the request for funding. Copies of the Department's LBP risk 
assessment protocol, which establish minimum requirements that must be 
used by HAs funded under this NOFA, are available at cost by calling 
HUD USER on 1-800-245-2691 or (301) 251-5154 (not a toll-free number). 
A telecommunications device (TDD) for persons with hearing and speech 
impediments is available at 1-800-877-8339. The risk assessment 
protocol was previously published in the Federal Register on June 29, 
1992.

FOR FURTHER INFORMATION CONTACT: Janice D. Rattley, Director, Office of 
Construction, Rehabilitation and Maintenance, Department of Housing and 
Urban Development, 451 Seventh Street, SW., room 4138, Washington, DC 
20410, telephone (202) 708-1800. Indian Housing Authorities may 
contact: Dom Nessi, Director, Office of Native American Programs, 
Department of Housing and Urban Development, 451 Seventh Street, SW., 
room 4140, Washington, DC 20410, telephone (202) 708-1015. A 
telecommunications device (TDD) for persons with hearing and speech 
impediments is available at (202) 708-0850 . (These are not toll-free 
telephone numbers.)

SUPPLEMENTARY INFORMATION:

Paperwork Reduction Act Statement

    The information collection requirements contained in this NOFA have 
been approved by the Office of Management and Budget (OMB), under 
section 3504(h) of the Paperwork Reduction Act of 1980 (44 U.S.C. 3501-
3520), and assigned OMB control numbers 0348-0043, 2577-0044, and 0348-
0046.

I. Purpose and Substantive Description

A. Allocation Amounts

    (1) Total amount available. The Departments of Veterans Affairs and 
Housing and Urban Development, and Independent Agencies Appropriations 
Act, 1992 (Pub. L. 102-139, approved October 28, 1991; at 105 Stat. 
744) (1992 Appropriations Act) set aside $25,000,000, of the 
$2,800,975,000 of budget authority available for modernization of 
existing public housing developments, for the risk assessment of lead-
based paint (LBP). However, amounts actually available from the 
appropriated amount were reduced because conversions from Section 8 
(U.S. Housing Act of 1937)-funded section 202 (Housing Act of 1959) 
direct loan projects to rental assistance-funded section 202 grant 
projects did not occur at the rate anticipated by Congress in the 
Appropriations Act. Reductions were made in the FY 1991 carryover 
balances to fund FY 1992 programs, as provided in the Appropriations 
Act. The amount of funds available for LBP risk assessment in FY 1992 
was $23,853,455. Where funds awarded totaled less than the amount 
available, the remaining funds are to be carried over in subsequent 
NOFAs. Thus, in FY 1992, the Department awarded $9,055,821. In FY 1993, 
$14,797,634 was available for LBP risk assessment funding and 
$2,840,711 was awarded based on applications received. Additionally, 
$16,312 was awarded in FY 1994 to correct calculation errors made on 
applications submitted and eligible for funding in FY 1993. The total 
amount of funding that remains available under this FY 1994 NOFA is 
$11,940,611.
    (2) Selection of applications for funding. In order to be 
considered for funding, an application must be complete and must meet 
the threshold criteria set forth in Section II.B. of this NOFA. As 
such, it is required that the proposed risk assessment be for pre-1980 
family developments. Additionally, the Department has determined that a 
development(s) targeted within an application, will not be eligible for 
funding where a development has been:
     Tested and abated; OR
     Tested and the results were negative; OR
     Tested, results were positive and an adequate in-place 
management plan has been developed; OR
     The subject of a risk assessment previously.
In these instances, the Department recognizes that hazards have been 
addressed or identified; thus, there is no need to conduct a risk 
assessment.
    (3) Cost. Where a development is eligible to be the subject of a 
complete risk assessment, in accordance with the threshold criteria set 
forth in Section II.B. of this NOFA, the HA shall base its funding 
request on a per-unit-to-be-sampled-per-development cost. The per-unit 
cost must include costs for collection of dust and soil samples, 
collection of paint chip samples (where necessary), administration, 
laboratory analysis of collected paint, dust and soil samples, 
interpretation of laboratory results on samples collected, review of 
maintenance and management practices, and the development (not the 
implementation) of recommendations for in-place management. It is noted 
that while the risk assessment includes soil testing for lead 
contamination, a level of hazard for lead in soil has not been set. 
That issue is currently being examined by the Environmental Protection 
Agency (EPA). Once the results of the soil tests have been completed 
and forwarded to the Department (copies of the results must be sent to 
the appropriate Field Office upon completion) they will be gathered by 
the Department and provided to EPA. The Department will defer to EPA 
for the establishment of a hazard level determination and for guidance 
to housing authorities for action where such levels are exceeded. 
However, where State or local laws have established lead-in-soil 
standards and require action, HAs shall abide by the State or local 
requirements. Costs associated with remediating soil are not eligible 
for funding under this NOFA. Funding of such costs must be secured from 
other HA sources (i.e., CIAP, CGP, operating subsidy, operating 
reserves, or State/local contributions).
    The cost-per-unit-to-be-sampled may not exceed the amount of $495. 
Prior year funding indicates that a number of HAs were able to complete 
risk assessments at less than this amount (ranging from $250 to $350 
per-unit-to-be-sampled, excluding HA administrative costs). HAs are 
strongly encouraged to budget prudently for these costs. Where this 
amount is exceeded, the HA must submit justification of the amount 
requested, and the Field Office will examine the cost reasonableness of 
such request.
    The method to be used to determine the number of units to be 
sampled is set forth below and in the risk assessment protocol, which, 
at a minimum, must be used by HAs funded under this NOFA: 

------------------------------------------------------------------------
                                                   No. of units for     
         No. of units in development            inspecting and testing  
                                                 (collecting samples)   
------------------------------------------------------------------------
1-4.........................................  All                       
5-74........................................  5                         
75-124......................................  6                         
125-174.....................................  7                         
175-224.....................................  10                        
225-299.....................................  12                        
300-399.....................................  15                        
400-499.....................................  18                        
500+........................................  20 per 500 units, plus 1  
                                               for each additional      
                                               increment of 50 units.   
------------------------------------------------------------------------

    As stated in Section III.A, Application Content, of this NOFA, an 
application must state each development number and specify the number 
of units to be sampled, the amount requested for each development, and 
the total amount the HA is requesting.
    (4) Assignment of funds. Funds will be assigned to the HUD Area 
Offices. In assigning funds to the Area Office, Headquarters will 
designate an amount to be subassigned to each Indian and non-Indian 
Field Office. These amounts are based on the estimated sample size of 
pre-1980 family units minus the number of units previously funded in 
Fiscal Years 1992 and 1993, within each Field Office.
    Based on the estimates of pre-1980 family units, $11,619,409 will 
be targeted to non-Indian Field Offices and $321,202 will be targeted 
to Indian Field Offices in the Office of Native American Programs 
(ONAP). The following table illustrates the distribution of funds 
targeted to each Area for subassignment to the non-Indian Field 
offices, as percentages of the $11,619,409 available: 

------------------------------------------------------------------------
                                                                Percent 
                                                                   of   
                         State office                           targeted
                                                                 funds  
------------------------------------------------------------------------
New England..................................................          4
New York/New Jersey..........................................         12
Mid-Atlantic.................................................         14
Southeast....................................................         29
Midwest......................................................         16
Southwest....................................................         14
Great Plains.................................................          3
Rocky Mountain...............................................          3
Pacific/Hawaii...............................................          3
Northwest/Alaska.............................................          2
                                                              ----------
      Total..................................................        100
------------------------------------------------------------------------

    The following table illustrates the distribution of funds targeted 
to each Area for subassignment to the Indian Field offices, as 
percentages of the $321,202 available: 

------------------------------------------------------------------------
                                                                Percent 
                                                                   of   
             Office of Native American programs                 targeted
                                                                 funds  
------------------------------------------------------------------------
Chicago, IL..................................................         14
Oklahoma City, OK............................................         19
Denver, CO...................................................         17
Phoenix, AZ..................................................         38
Anchorage, AK................................................          4
Seattle, WA..................................................          8
                                                              ----------
      Total..................................................        100
------------------------------------------------------------------------

    As many eligible applications as possible will be funded within the 
available Field Office allocation of funds. If after fully funding all 
eligible applications within its jurisdiction a Field Office has funds 
remaining from its original allocation, the Field Office will notify 
Headquarters of the amounts remaining. Headquarters will redistribute 
the funds based on remaining needs in other Field Offices. Headquarters 
will redistribute funds from Field Offices that do not have enough 
fundable applications, to other Field Offices that have insufficient 
funds for fundable applications.
    (5) Subassignment of funds to non-Indian and Indian Field Offices. 
Area Offices shall subassign funds to each non-Indian and Indian Field 
Office based on funding decisions made pursuant to this NOFA.
    (6) Remaining funds. In the event that the funds awarded under this 
NOFA total less than the amount available, the remaining amount will be 
carried over to FY 1995, because the Appropriations Act specifically 
targets these funds for the assessment of risks associated with lead-
based paint. If funds are carried over to FY 1995, a subsequent NOFA 
for these remaining set-aside funds will be published.

B. Eligibility and Requirements

    (1) All HAs with pre-1980 family developments are eligible (i.e., 
both large HAs funded under the Comprehensive Grant Program (CGP) and 
small HAs funded under the Comprehensive Improvement Assistance Program 
(CIAP)). Specific developments targeted for funding within an 
application must meet the requirements set forth in Section II.B. of 
this NOFA.
    (2) HAs, especially smaller ones, are encouraged to form a 
consortium for purposes of having risk assessments conducted. Such a 
consortium would enable a number of HAs to obtain coordinated services 
for those risk assessments.
    (3) In accordance with section 14(a)(3) of the U.S. Housing Act of 
1937 (1937 Act) (added by the 1992 Appropriations Act, 105 Stat. 759), 
pre-1980 family developments within a HA's inventory may be the subject 
of a LBP risk assessment. As stated in section 14(a)(3), risk 
assessments are intended ``to assess the risks of lead-based paint 
poisoning * * * in all projects constructed before 1980 that are, or 
will be, occupied by families.'' Risk assessments are not mandatory; 
however, HAs are strongly encouraged to conduct them. In undertaking a 
risk assessment, a HA shall use a risk assessment protocol that, at a 
minimum, follows the Department's protocol. Upon completion of the risk 
assessment, the HA must provide a copy of the results of the risk 
assessment to the appropriate Field Office. The risk assessment must be 
completed within eighteen (18) months of HUD's fund reservation 
notification to the HA.
    While the scope of the risk assessment may exceed the contents of 
the Department's protocol, funding shall be requested based on this 
protocol. The goal of the protocol is to enable a HA to identify lead 
hazards so that appropriate in-place management can be implemented 
until testing and abatement can be fully undertaken. Section 14(a)(3) 
of the 1937 Act requires that professional risk assessments include 
dust and soil sampling and laboratory analysis. The risk assessment 
protocol has been developed by the Department to ensure compliance with 
this provision and with certain requirements of the Lead-Based Paint 
Poisoning Prevention Act.
    HAs are expected to implement the in-place management 
recommendations resulting from the completed risk assessment, 
especially in cases where abatement will not be undertaken within a 
reasonable timeframe (one year). However, actual implementation of 
recommendations that result from the risk assessment conducted is not 
eligible for funding under this NOFA. The implementation of resulting 
recommendations (e.g., comprehensive or random testing, abatement of 
lead, in-place management measures, and work order modifications) may 
be funded from other HA sources (i.e., CIAP, CGP, operating subsidy, 
operating reserves or State/local contributions).
    In no instance shall the implementation of in-place management 
measures satisfy the HA's obligation under the Lead-Based Paint 
Poisoning Prevention Act to abate lead-based paint hazards, rather they 
are interim measures to be used until testing and/or full abatement can 
be undertaken, as appropriate. Similarly, in no instance shall 
conducting a risk assessment satisfy the HA's obligation under the 
Lead-Based Paint Poisoning Prevention Act to test for and abate lead-
based paint hazards.
    (4) CIAP requirements, as set forth in 24 CFR part 968, subpart B, 
and the CIAP Handbook, 7485.1 REV-4, are applicable to HAs funded under 
this NOFA. These requirements encompass implementation schedules, 
progress reports, budget revisions, requests for extensions, closeouts, 
etc. Fund requisitions are to be processed through the LOCCS/VRS 
system.
    (5) HAs must follow the requirements of 24 CFR part 85 for the 
procurement of risk assessments.
    (6) In accepting funding to perform a risk assessment, HAs must 
agree to participate, if requested by HUD, in a subsequent evaluation 
of the risk assessment protocol. This evaluation will entail a review 
of collected sampling data and the effectiveness of recommended in-
place management procedures.

C. Ineligible Costs and Activities

    (1) A specific development targeted within an application is not 
eligible for funding, in accordance with the threshold requirements set 
forth in Section II.B. of this NOFA, where the development has been:
     Tested and abated; or
     Tested and the results were negative; or
     Tested, results were positive, but an adequate in-place 
management plan has been developed; or
     The subject of a risk assessment previously.
    (2) Actual implementation of recommendations that result from the 
risk assessment conducted is not eligible for funding under this NOFA. 
The implementation of resulting recommendations (e.g., comprehensive or 
random testing, abatement of lead, in-place management measures, and 
work order modifications) may be funded from other HA sources (i.e., 
CIAP, CGP, operating subsidy, or operating reserves). HAs are expected 
to implement these recommendations, especially those related to in-
place management measures when abatement of lead hazards will not take 
place within a reasonable time (one year). In no instance shall the 
implementation of in-place management measures satisfy the HA's 
obligation under the Lead-Based Paint Poisoning Prevention Act to test 
and/or abate lead-based paint hazards.
    (3) Funds under this NOFA may not be used to purchase insurance 
including existing-conditions LBP liability insurance. While funds may 
be used to conduct risk assessments required to be in place prior to 
the issuance of an insurance policy, under no circumstance may these 
funds be used to pay for the premiums associated with this insurance.

D. Selection of Applications

    (1) Applications will be selected for funding only after they have 
been deemed eligible in accordance with the threshold requirements set 
forth in Section II.B. of this NOFA.
    (2) Field Offices will ensure that all applications (including 
copies) are date- and time-stamped immediately upon receipt. Decisions 
for funding are to be made known to Headquarters by the date specified 
in the Processing Schedule in Section III.B of this NOFA. The Field 
Office will be responsible for identifying, notifying applicants of, 
and receiving corrections of any technical deficiencies in the 
application, as discussed in Section IV of this NOFA.
    (3) The Field Office Public Housing Division Director shall make 
final funding decisions on the amounts assigned to each Field Office. 
As many applications as possible will be funded within the Field 
allocation or any redistribution of funds. Each Field Office will 
advise Headquarters, by the date specified in the Processing Schedule 
in Section III.B of this NOFA, on whether there are sufficient eligible 
applications within its jurisdiction to require all of the funds 
assigned. In cases where all assigned funds cannot be used within a 
Field Office's jurisdiction, Headquarters will reassign the funds to 
other Field Offices that have identified a need for additional funds, 
as described in Section I.A(4) of this NOFA.

E. Notification of Awards

    The Field Office will notify the HA of the funding decision after 
HUD has completed the required congressional notification. Reservation 
and congressional notification documents will be prepared by the Field 
Office.

II. Application Process

A. General Requirements

    Applications are available from HUD Field Offices listed in the 
Appendix of this NOFA. To be considered for funding, an original and 2 
copies of the application must be submitted to the HUD Field Office 
that has jurisdiction over the applicant HA. An application may be 
submitted immediately upon publication of this NOFA, and must be 
submitted before 3:00 p.m., local time, on August 4, 1994, to the HUD 
Field Office that has jurisdiction over the applicant HA. The contents 
of the application are listed below, in Section III.A of this NOFA.
    The above-stated deadline is firm as to date and hour. In the 
interest of fairness to all applicants, the Department will treat as 
ineligible for consideration any application that is received after the 
deadline. Applicants should take this practice into account and make 
early submission of their materials to avoid any risk of loss of 
eligibility brought about by unanticipated delays or other delivery-
related problems.

B. Threshold Requirements

    To be considered eligible for funding, an HA must propose to 
conduct risk assessments for pre-1980 family developments that:
     Have not previously been the subject of a risk assessment; 
OR
     Have not been tested and abated; OR
     Have been tested, results were positive but have not been 
abated or an adequate in-place management plan has not been developed.

III. Checklist of Application Submission Requirements

A. Application Content

    The following documents comprise the application:
    (1) OMB Standard Form 424, Application for Federal Assistance (HAs 
shall complete ONLY items 2, 5, 12, 13, 14, 15, 17 and 18) and SF-
424(B);
    (2) Form HUD-52825, Comprehensive Assessment/Program Budget, Part I 
- Summary. The total amount requested for funding will be identified on 
this form under either account 1410.1, Administration (where HA staff 
will be used and the HA certifies that it has the capability of, and 
will be conducting the professional risk assessment; NOTE: a portion, 
not to exceed ten percent [10%] of the funding requested, may be used 
for administrative expenses incurred by the HA, including the use of a 
consultant to prepare background materials in support of the risk 
assessment), or account 1430.2, Consultant Fees (where the HA will be 
contracting for the professional risk assessment).
    (3) Form HUD-52825, Comprehensive Assessment/Program Budget, Part 
II - Supporting Pages. Developments proposed to be the subject of a 
risk assessment are to be identified on this form. The applicant must 
provide the name; address; project number; total number of units; 
number of units to be sampled, in accordance with the requirements set 
forth in Section I.A(3) of this NOFA and in the risk assessment 
protocol; and amount requested for each development, with supporting 
justification, as appropriate.
    (4) Certification signed by the HA Executive Director that, at a 
minimum, the risk assessment protocol to be used will be equivalent to 
the Department's protocol.
    (5) Certification signed by the HA Executive Director that the 
proposed risk assessment will be completed within eighteen (18) months 
of the date that funds are awarded and that the HA agrees to 
participate, if requested by HUD, in a subsequent evaluation of the 
risk assessment protocol, to assess its validity for the identification 
of lead-based paint hazards and effectiveness in addressing those 
hazards.
    (6) Certification signed by the HA Executive Director that a copy 
of the completed risk assessment will be provided to the appropriate 
HUD Field Office upon completion of the assessment.
    (7) Certification that HA staff are qualified to conduct LBP risk 
assessments, if applicable.
    (8) Certification that the HA will comply with the requirements of 
section 3 of the Housing and Urban Development Act of 1968 (12 U.S.C. 
1701u) and the implementing regulations at 24 CFR part 135.
    (9) Form HUD-50070, Certification for Drug-Free Workplace.
    (10) Certification for Contracts, Grants, Loans and Cooperative 
Agreements, required of HAs established under State law that are 
applying for grants exceeding $100,000.
    (11) SF-LLL, Disclosure of Lobbying Activities, required of HAs 
established under State law only where any funds, other than federally 
appropriated funds, will be or have been used to influence Federal 
workers or Members of Congress or their staffs regarding specific 
grants or contracts.
    (12) Form HUD-2880, Applicant/Recipient Disclosure/Update Report.

B. Processing Schedule

    The following schedule will be followed, and is designed to 
complete the funding process during FY 1994. NOTE TO THE READER: This 
schedule assumes that the NOFA will be published by June 21, 1994, 
allowing at least 45 days for applications to be submitted by the HAs.
    (1) HAs send applications to Field Office--from date of publication 
of NOFA but not later than 8/5/94.
    (2) Field Offices review applications for completeness and advise 
HAs of any technical deficiencies--by 8/12/94.
    (3) Technical deficiencies due--at least by 8/19/94.
    (4) Field Offices complete reviews and notify Headquarters of 
unused funds or need for additional funds--by 8/26/94.
    (5) Headquarters assigns funds to Area Offices--by 9/9/94.
    (6) Area Offices subassign funds to Field Offices--9/16/94.
    (7) Field Offices reserve funds and forward congressional 
notifications to Headquarters--by 9/23/94.
    (8) Congressional notification is completed and HAs are advised of 
funding decisions--by 9/30/94.

IV. Corrections to Deficient Applications

    Immediately after the submission of an application, the appropriate 
Field Office will screen the application to determine whether all items 
were submitted. If items 1, 2, and 3 listed in Section III.A, 
Application Content, of this NOFA are missing, the application will be 
considered substantially incomplete and, therefore, ineligible for 
processing.
    If the HA fails to submit any of items 4-12 listed in Section III.A 
of this NOFA, or the application contains a technical mistake, such as 
an incorrect signatory, the Field Office will immediately notify the HA 
that it has 14 calendar days from the date of HUD's written 
notification to submit or correct the specified items. If any of items 
4-12 are missing and the HA does not submit them within the 14-day cure 
period, the application will be ineligible for further processing.

V. Other Matters

A. Environmental Review

    A finding of no significant impact with respect to the environment 
has been made in accordance with HUD regulations at 24 CFR part 50, 
which implement section 102(2)(C) of the National Environmental Policy 
Act of 1969. The finding of no significant impact is available for 
public inspection between 7:30 a.m. and 5:30 p.m. weekdays in the 
Office of the Rules Docket Clerk, Office of the General Counsel, room 
10276, Department of Housing and Urban Development, 451 Seventh Street, 
SW, Washington, DC 20410-0500.

B. Federalism Executive Order

    The General Counsel, as the Designated Official under section 6(a) 
of Executive Order 12612, Federalism, has determined that the policies 
contained in this notice will not have substantial direct effects on 
States or their political subdivisions, or the relationship between the 
Federal government and the States, or on the distribution of power and 
responsibilities among the various levels of government. As a result, 
the notice is not subject to review under the Order. The NOFA merely 
sets forth funding availability for HAs to conduct, at their 
discretion, risk assessments for lead paint hazards.

C. Family Executive Order

    The General Counsel, as the Designated Official under Executive 
Order 12606, The Family, has determined that this notice will likely 
have a beneficial impact on family formation, maintenance, and general 
well-being. Families could benefit from this funding action as a result 
of the identification of immediate and potential lead-based paint 
hazards; that identification will ultimately lead to a safer 
environment. However, since the impact on the family is not necessarily 
significant and is beneficial, no further review is considered 
necessary.

D. Section 102 of the HUD Reform Act; Documentation and Public Access 
Requirements; Applicant/Recipient Disclosures

    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 generally 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.)
    Public notice. HUD will include recipients that receive assistance 
pursuant to this NOFA in its quarterly Federal Register notice of 
recipients of all HUD assistance awarded on a competitive basis. (See 
24 CFR 12.16(b), and the notice published in the Federal Register on 
January 16, 1992 (57 FR 1942), for further information on these 
requirements.)

E. Section 103 of the HUD Reform Act

    HUD's regulation implementing section 103 of the Department of 
Housing and Urban Development Reform Act of 1989 (42 U.S.C. 3537a) is 
codified as 24 CFR part 4 and applies to the funding competition 
announced today. The requirements of the rule continue to apply until 
the announcement of the selection of successful applicants.
    HUD employees involved in the review of applications and in the 
making of funding decisions are restrained by part 4 from providing 
advance information to any person (other than an authorized employee of 
HUD) concerning funding decisions, or from otherwise giving any 
applicant an unfair competitive advantage. Persons who apply for 
assistance in this competition should confine their inquiries to the 
subject areas permitted under 24 CFR part 4.
    Applicants who have questions should contact the HUD Office of 
Ethics (202) 708-3815 (voice/TDD) (this is not a toll-free number). The 
Office of Ethics can provide information of a general nature to HUD 
employees, as well. However, a HUD employee who has specific program 
questions, such as whether particular subject matter can be discussed 
with persons outside the Department, should contact his or her Regional 
or Field Office Counsel, or Headquarters counsel for the program to 
which the question pertains.

F. Section 112 of the Reform Act

    Section 13 of the Department of Housing and Urban Development Act 
(42 U.S.C. 3537b), added by section 112 of the Reform Act, contains two 
provisions dealing with efforts to influence HUD's decisions with 
respect to financial assistance. The first imposes disclosure 
requirements on those who are typically involved in these efforts--
those who pay others to influence the award of assistance or the taking 
of a management action by the Department and those who are paid to 
provide the influence. The second restricts the payment of fees to 
those who are paid to influence the award of HUD assistance, if the 
fees are tied to the number of housing units received or are based on 
the amount of assistance received, or if they are contingent upon the 
receipt of assistance.
    Section 13 has been implemented in 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 that part.
    Any questions about the rule should be directed to the Office of 
Ethics, room 2158, Department of Housing and Urban Development, 451 
Seventh Street, SW., Washington, DC 20410-3000. Telephone: (202) 708-
3815 (voice/TDD). (This is not a toll-free number.) Forms necessary for 
compliance with the rule may be obtained from the local HUD office.

G. Prohibition Against Lobbying Activities.

    The use of funds awarded under this NOFA is subject to the 
disclosure requirements and prohibitions of section 319 of the 
Department of Interior and Related Agencies Appropriations Act for 
Fiscal Year 1990 (31 U.S.C. 1352) (the ``Byrd Amendment'') and the 
implementing regulations at 24 CFR part 87. These authorities prohibit 
recipients of federal contracts, grants, or loans from using 
appropriated funds for lobbying the Executive or Legislative branches 
of the Federal government in connection with a specific contract, 
grant, or loan. The prohibition also covers the awarding of contracts, 
grants, cooperative agreements, or loans unless the recipient has made 
an acceptable certification regarding lobbying. Under 24 CFR part 87, 
applicants, recipients, and sub-recipients 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. The 
Department has determined that an IHA established by an Indian Tribe as 
a result of the exercise of its sovereign power is not subject to the 
Byrd Amendment, but an IHA established under State law is subject to 
those requirements and prohibitions.

    Authority: 42 U.S.C. 14371; Pub. L. 102-139.

    Dated: June 6, 1994.
Ronald J. Morony,
Acting Director, Office of Lead-Based Paint Abatement and Poisoning 
Prevention.
Joseph Shuldiner,
Assistant Secretary for Public and Indian Housing.

              Appendix--Hours of Operation for HUD Offices              
------------------------------------------------------------------------
              Name of office                     Hours of operation     
------------------------------------------------------------------------
New England:                                                            
    Boston, MA............................  8:30 a.m.-5:00 p.m.         
        Hartford Office...................  8:00 a.m.-4:30 p.m.         
        Manchester Office.................  8:00 a.m.-4:30 p.m.         
        Providence Office.................  8:00 a.m.-4:30 p.m.         
New York, New Jersey:                                                   
    New York, NY..........................  8:30 a.m.-5:00 p.m.         
        Albany Office.....................  7:30 a.m.-4:00 p.m.         
        Buffalo Office....................  8:00 a.m.-4:30 p.m.         
        Newark Office.....................  8:30 a.m.-5:00 p.m.         
Mid-Atlantic:                                                           
    Baltimore, MD.........................  8:00 a.m.-4:30 p.m.         
        Baltimore Office..................  8:00 a.m.-4:30 p.m.         
        Charleston Office.................  8:00 a.m.-4:30 p.m.         
        Pittsburgh Office.................  8:00 a.m.-4:30 p.m.         
        Richmond Office...................  8:00 a.m.-4:30 p.m.         
        Washington, DC Office.............  8:00 a.m.-4:30 p.m.         
Southeast:                                                              
    Atlanta, GA...........................  8:00 a.m.-4:30 p.m.         
        Birmingham Office.................  7:45 a.m.-4:30 p.m.         
        Caribbean Office..................  8:00 a.m.-4:30 p.m.         
        Columbia Office...................  8:00 a.m.-4:45 p.m.         
        Greensboro Office.................  8:00 a.m.-4:30 p.m.         
        Jackson Office....................  8:00 a.m.-4:30 p.m.         
        Jacksonville Office...............  7:45 a.m.-4:30 p.m.         
        Knoxville Office..................  7:45 a.m.-4:30 p.m.         
        Louisville Office.................  8:00 a.m.-4:30 p.m.         
        Nashville Office..................  7:45 a.m.-4:15 p.m.         
Midwest:                                                                
    Chicago, IL...........................  8:15 a.m.-4:45 p.m.         
        Cincinnati Office.................  8:00 a.m.-4:45 p.m.         
        Cleveland Office..................  8:00 a.m.-4:45 p.m.         
        Columbus Office...................  8:30 a.m.-4:45 p.m.         
        Detroit Office....................  8:00 a.m.-4:30 p.m.         
        Grand Rapids Office...............  8:00 a.m.-4:30 p.m.         
        Indianapolis Office...............  8:00 a.m.-4:45 p.m.         
        Milwaukee Office..................  8:00 a.m.-4:30 p.m.         
        Minneapolis-St. Paul Office.......  8:00 a.m.-4:30 p.m.         
        Chicago Office (ONAP)*............  8:15 a.m.-4:45 p.m.         
Southwest:                                                              
    Fort Worth, TX........................  8:00 a.m.-4:30 p.m.         
        Albuquerque Office................  7:45 a.m.-4:30 p.m.         
        Houston Office....................  7:45 a.m.-4:30 p.m.         
        Little Rock Office................  8:00 a.m.-4:30 p.m.         
        New Orleans Office................  8:00 a.m.-4:30 p.m.         
        Oklahoma City Office..............  8:00 a.m.-4:30 p.m.         
        Oklahoma City Office (ONAP)*......  8:00 a.m.-4:30 p.m.         
        San Antonio Office................  8:00 a.m.-4:30 p.m.         
Great Plains:                                                           
    Kansas City, MO.......................  8:00 a.m.-4:30 p.m.         
        Des Moines Office.................  8:00 a.m.-4:30 p.m.         
        Omaha Office......................  8:00 a.m.-4:30 p.m.         
        St. Louis Office..................  8:00 a.m.-4:30 p.m.         
Rocky Mountain:                                                         
    Denver, CO............................  8:00 a.m.-4:30 p.m.         
        Denver Office (ONAP)*.............  8:00 a.m.-4:30 p.m.         
Pacific/Hawaii:                                                         
    San Francisco, CA.....................  8:15 a.m.-4:45 p.m.         
        Honolulu Office...................  7:45 a.m.-4:15 p.m.         
        Los Angeles Office................  8:00 a.m.-4:30 p.m.         
        Phoenix Office....................  8:00 a.m.-4:30 p.m.         
        Phoenix Office (ONAP)*............  8:15 a.m.-4:45 p.m.         
        Sacramento Office.................  8:00 a.m.-4:30 p.m.         
Northwest/Alaska:                                                       
    Seattle, WA...........................  8:00 a.m.-4:30 p.m.         
        Seattle Office (ONAP)*............  8:00 a.m.-4:30 p.m.         
        Anchorage Office..................  8:00 a.m.-4:30 p.m.         
        Anchorage Office (ONAP)*..........  8:00 a.m.-4:30 p.m.         
        Portland Office...................  8:00 a.m.-4:30 p.m.         
------------------------------------------------------------------------
*Office of Native American Programs.                                    

[FR Doc. 94-14947 Filed 6-17-94; 8:45 am]
BILLING CODE 4210-33-P