[Federal Register Volume 60, Number 10 (Tuesday, January 17, 1995)]
[Notices]
[Pages 3520-3529]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-1058]




[[Page 3519]]

_______________________________________________________________________

Part VIII





Department of Housing and Urban Development





_______________________________________________________________________



Office of the Assistant Secretary for Public and Indian Housing



_______________________________________________________________________



Notice of Funding Availability for Fiscal Year 1995 for Indian 
Applicants Under the HOME Program; Notice

  Federal Register / Vol. 60, No. 10 / Tuesday, January 17, 1995 / 
Notices   
[[Page 3520]] 

DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

Office of the Assistant Secretary for Public and Indian Housing
[Docket No. N-95-3846; FR-3786-N-01]


Notice of Funding Availability (NOFA) for Fiscal Year 1995 for 
Indian Applicants Under the HOME Program

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

ACTION: Notice of funding availability (NOFA) for fiscal year 1995 for 
Indian applicants for HOME Investment Partnerships Act (the HOME Act) 
programs, referred to as the HOME program.

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

SUMMARY: This NOFA announces the availability of up to $14,042,000 in 
funding for Fiscal Year (FY) 1995 for the HOME Program for Indian 
tribes; provides the selection criteria; provides information on how to 
apply; and explains how selections will be made. All eligible 
applicants are invited to submit applications for HOME funds in 
accordance with the requirements of this NOFA.

DATES: Applications must be received by the Office of Native American 
Programs (ONAP) having jurisdiction over the applicant on or before 
3:00 P.M. (ONAP local time) on April 14, 1995. This application 
deadline is firm as to date and hour. The Department shall treat as 
ineligible for consideration any application that is received after the 
deadline. Applicants should make early submission of their materials to 
avoid any risk of loss of eligibility brought about by unanticipated 
delays or other delivery-related problems. Facsimile (``FAX'') copies 
shall not be accepted.

FOR FURTHER INFORMATION CONTACT: Prospective applicants may contact the 
appropriate ONAP. Refer to Appendix 1 of this NOFA for a complete list 
of ONAPs and telephone numbers.

SUPPLEMENTARY INFORMATION:

Paperwork Reduction Act Statement

    In accordance with the Paperwork Reduction Act of 1980 (44 U.S.C. 
3501-3520), the information collection requirements contained in these 
application procedures for HOME funds were reviewed by the Office of 
Management and Budget and approved under OMB control number 2577-0191.

Changes From Last Year's NOFA

    To promote the award of FY 95 grant funds before the end of the 
fiscal year, the last day to submit an application is earlier this year 
than last year.
    Some applicants in the FY 94 competition applied for grants in 
excess of the announced maximum; others applied for grants which when 
looked at together with the proposed number of units exceeded the 
maximum per-unit subsidy amount. This year the list of requirements for 
an eligible application prohibits these situations.
    HUD is, for the first time, requesting that the data and 
explanation provided by the applicant to address the selection criteria 
be limited to 200 words per component.
    This year three items are added to the applicant certifications: 
compliance with the Fire Authorization Administration Act of 1992 (Pub. 
L. 102-522), and certifications with respect to audits and outstanding 
obligations to HUD, and compliance with the Economic Opportunities for 
Low- and Very Low- Income Persons.
    This NOFA includes a process for addressing errors in the rating 
and ranking of applications. ONAP administrators may make a 
determination that an error has occurred and the ONAP Director may 
approve or disapprove the determination.
    This year there is a geographic diversity requirement in the NOFA 
which assures that for every ONAP Region with a fundable application 
which scores over 50 points there will be one award which goes to the 
highest scoring application from that ONAP Region.
    This year Tenant Based-Rental Assistance (TBRA) projects have been 
dropped from the funding competition. In past years there has been 
virtually no interest in TBRA, and there are no indications that this 
has changed.

Outline

I. Purpose and Substantive Description
    (a) Authority
    (b) Allocation Amounts
    (c) Eligibility
    (d) Checklist of Eligibility Requirements and
    Application Submission Requirements
    (e) Selection Criteria and Ranking Factors
    (f) Application Review.
II. Application Process
    (a) Application Packages
    (b) Submittal of Complete Application
    (c) Application Due Date
III. Other Matters
    (a) Environment
    (b) Energy
    (c) Federalism Impact
    (d) Family Impact
    (e) Section 102 of the HUD Reform Act
    (f) Section 103 of the HUD Reform Act
    (g) Section 112 of the HUD Reform Act
    (h) Section 3
    (i) Monitoring

Appendix 1. List of local Offices of Native American Programs

I. Purpose and Substantive Description

(a) Authority

    The HOME Investment Partnerships Act (the HOME Act) (title II of 
the Cranston-Gonzalez National Affordable Housing Act) was signed into 
law on November 28, 1990 (Pub. L. 101-625), and created the HOME 
Investment Partnerships (or HOME) Program that provides funds to Indian 
tribes to expand the supply of affordable housing for very low-income 
and low-income persons. Interim regulations for the HOME Investment 
Partnerships Program are codified at 24 CFR Part 92. The requirements 
of 24 CFR Part 92, subpart M (Secs. 92.600-92.652), apply specifically 
to the Indian HOME program.
    The HOME Act was amended by the Housing and Community Development 
Act of 1992 (HCDA 1992) (Pub. L. 102-550, approved October 28, 1992) 
and the Multifamily Housing Property Disposition Reform Act of 1994 
(MHPDRA) (Pub. L. 102-233, approved April 11, 1994). Amendments to the 
HOME rule were published on June 23, 1993 (58 FR 34130), April 19, 1994 
(59 FR 18626) and August 26, 1994 (59 FR 44258). References in this 
NOFA to sections and subparts of the HOME rule refer to the rule as 
amended.
    24 CFR part 135. Economic Opportunities for Low and Very Low Income 
Persons. Section 3 of the Housing and Urban Development Act of 1968 and 
the regulations at 24 CFR part 135 (See June 30, 1994 Interim Rule, 59 
FR 33866) are applicable to funding awards made under this NOFA. One of 
the purposes of the assistance is to give to the greatest extent 
feasible, and consistent with existing Federal, State, and local laws 
and regulations, job training, employment, contracting and other 
economic opportunities to section 3 residents and section 3 business 
concerns. Applicants that receive Indian HOME Program assistance which 
exceeds $200,000 for housing rehabilitation or new construction shall 
comply with the procedures and requirements of this part to the maximum 
extent consistent with, but not in derogation of, compliance with 
section 7(b) of the Indian Self-Determination and Education Assistance 
Act (25 U.S.C. 450e(b)).

(b) Allocation Amounts

    (1) Fiscal Year 1995 Funding. In accordance with section 217(a)(2) 
of the HOME Act, each Fiscal Year (FY) HUD shall provide funds to 
Indian tribes, totaling one percent (or such other percentage or amount 
as authorized by Congress) of the amount appropriated for the HOME 
program to expand the [[Page 3521]] supply of affordable housing. For 
the fiscal year ending September 30, 1995, the Departments of Veterans 
Affairs and Housing and Urban Development, and Independent Agencies 
Appropriations Act of 1995, (approved September 28, 1994, Pub. L. 103-
327), appropriated a total of $1.4 billion for the HOME program. 
Together with $42,000 available from the 1994 Appropriations Act, the 
amount of funding available for the HOME Indian program for Fiscal Year 
1995 is up to $14,042,000.
    (2) For FY 1995, there is a geographic diversity requirement which 
assures that for every ONAP Region with a fundable application which 
scores over 50 points there will be one award which goes to the highest 
scoring application from that ONAP Region.
    (3) A tribe may only apply for grant assistance for one project.
    (4) Project Grant Amount. The maximum grant amount per project is 
$1.5 million. Projects may be funded at less than applied for levels. 
In determining appropriate grant amounts to be awarded, the ONAP may 
take into account the level of demand, the scale of the activity 
proposed relative to need, the number of persons to be served, the 
amount of funds required to achieve project objectives, and the 
administrative capacity of the applicant to complete the activities in 
a timely manner.
    (5) If the Department does not award the entire $14,042,000 in this 
funding round because there is not a sufficient number of eligible 
applications, the amount not awarded shall be awarded at another time.

(c) Eligibility.

    (1) Eligible Applicants. For the purposes of the HOME program, 
eligible applicants are defined as any Indian Tribe, band, group, or 
Nation, including Alaskan Indians, Aleuts, and Eskimos, and any Alaskan 
Native Village of the United States that is considered an eligible 
recipient under Title I of the Indian Self-Determination and Education 
Assistance Act (25 U.S.C. 450) or was considered an eligible recipient 
under the State and Local Fiscal Assistance Act of 1972 (31 U.S.C. 
1221) before repeal of that Act. Eligible recipients under the Indian 
Self-Determination and Education Assistance Act are determined by the 
Bureau of Indian Affairs.
    (2) Eligible Projects.
    (i) Size and Location of a Project. A ``project'' may be located on 
one or more sites. The applicant must identify the scale and location 
of a project and show that the project is within the operating area of 
the applicant. A project may be as small as one site or as large as the 
operating area of the tribe. (NOTE: For purposes of the Uniform 
Relocation Assistance and Real Property Acquisition Policies Act of 
1970, as amended (URA), the term ``project'' means one or more 
activities paid for in whole or in part with HUD financial assistance. 
Two or more activities that are integrally related, each essential to 
the other, are considered one project.)
    (ii) Categories of Eligible Projects. In accordance with 24 CFR 
92.604, projects that may be funded under the HOME Indian program 
include: (A) housing rehabilitation (moderate and substantial), (B) 
acquisition of housing, and (C) new housing construction. These project 
types may also include site improvements and relocation. A project may 
be for rental or homeownership.
    (A) A rehabilitation project consists of only rehabilitation, or 
includes acquisition of units with rehabilitation.
    (B) An acquisition project consists of the acquisition of standard 
units not requiring rehabilitation.
    (C) A new construction project consists of new construction of 
housing and may include acquisition and demolition.
    (3) Eligible Activities. Eligible activities, in accordance with 24 
CFR 92.611, are as follows:
    (i) HOME funds may be used by an Indian tribe to provide incentives 
to develop and support affordable rental housing and homeownership 
affordability through the acquisition (including assistance to 
homebuyers), new construction, reconstruction, or moderate or 
substantial rehabilitation of nonluxury housing with suitable 
amenities, including real property acquisition, site improvements, 
conversion, demolition, and other expenses, including financing costs, 
relocation expenses of any displaced persons, families, businesses, or 
organizations; and to pay administrative costs. The specific eligible 
costs for these activities are set forth in Sec. 92.612.
    (ii) Acquisition of vacant land or demolition must be undertaken 
only with respect to a particular housing project intended to provide 
affordable housing, and for which funds for construction have been 
committed.
    (iii) Housing that has received an initial certificate of occupancy 
or equivalent document within a one-year period before an Indian tribe 
commits HOME funds to the project is new construction for purposes of 
this part.
    (iv) Conversion of an existing structure to affordable housing is 
rehabilitation, unless the conversion entails adding a unit beyond the 
existing walls, in which case, the project is new construction for 
purposes of this part.
    (v) Site improvements must be in keeping with improvements of 
surrounding, standard projects. Site improvements include roads, 
streets, sidewalks, curbs, gutters, and connections to utilities, such 
as storm and sanitary sewers, water supply, gas, and electricity. The 
``site'' of the improvements may include property adjacent or near the 
immediate site of the housing if this property and the housing are 
owned by the same entity (e.g., the housing is owned--at least until 
sold to homebuyers--by the tribe and the housing and the improvements 
are located on a reservation). If the site improvements will benefit 
housing (existing or future) in addition to housing assisted with FY 
1995 HOME Indian Program grant funds, only a pro-rated share of the 
site improvements may be charged to the HOME grant.

(d) Checklist of Eligibility Requirements and Application Submission 
Requirements.

    Applications must meet the requirements in (1) and (2), below. 
Except for the certifications in (2)(iii) and (2)(iv), these 
requirements are non-correctable after the closing of the application 
submission period.
    (1) Each application must be:
    (i) ________ From an eligible applicant.
    (ii) ________ If the applicant proposes to involve its IHA, the IHA 
must not have been disqualified for funding of new projects, as 
determined in accordance with 24 CFR 905.135. (A resolution may be 
attached which authorizes another entity, e.g., a housing authority, to 
prepare the application on behalf of the tribe; however, the tribe must 
be the applicant and sign the application.)
    (iii) ________ For an Indian HOME Program eligible project.
    (iv) ________ The only application from the applicant. If more than 
one application is submitted, the one with the most HOME assisted 
housing units per grant dollar requested will be screened.
    (v) ________ For not more than a $1.5 million grant.
    (vi) ________ For a grant amount not in excess of the maximum per-
unit subsidy amount (24 CFR 92.620) plus 15 percent for administrative 
costs. The grant amount requested divided by the product of 1.15 times 
the proposed number of units may not exceed the total development cost 
(the ``TDC'') standard for the area. [[Page 3522]] 
    (2) Each application must contain the following:
    (i) ________ Transmittal Letter.
    (ii) ________ Standard Form-424, Application for Federal 
Assistance. Complete side one only. Name of the legal applicant, i.e., 
the tribe, must be in field 5, legal applicant. A resolution may be 
attached which authorizes another entity, e.g., a housing authority, to 
prepare the application on behalf of the tribe; however, the tribe must 
be the applicant and sign the application. The Catalog of Federal 
Domestic Assistance identifies this program as program number 14.239.
    (iii) ________ Form HUD-4126, which contains the following 
certifications:
    (A) A certification that the applicant shall comply with the 
acquisition and relocation requirements of the Uniform Relocation 
Assistance and Real Property Acquisition Policies Act of 1970, as 
amended, implementing regulations at 49 CFR part 24 and the 
requirements of 24 CFR 92.634.
    (B) A certification that the applicant shall use HOME funds in 
compliance with all the requirements of 24 CFR part 92, the HOME 
investment partnerships program interim rule.
    (C) Drug-free workplace. The certification with regard to the drug-
free workplace required by 24 CFR part 24, subpart F and appendix C.
    (D) Debarment. The certification that neither the applicant nor its 
principals are presently excluded from participation in any HUD 
programs, as required by 24 CFR part 24, appendix A.
    (E) Audits. A certification that the applicant does not have an 
outstanding Indian HOME or ICDBG obligation to HUD that is in arrears, 
or it has agreed to a repayment schedule. A certification that the 
applicant does not have an overdue or unsatisfactory response to an 
audit finding(s).
    (F) Fire Safety. A certification that the applicant shall comply 
with the requirements of the Fire Authorization Administration Act of 
1992 (Pub. L. 102-522).
    (E) Economic Opportunities for Low and Very Low Income Persons. A 
certification that the applicant shall comply with the requirements of 
Section 3 of the Housing and Urban Development Act of 1968 and the 
regulations in 24 CFR part 135 to the maximum extent consistent with, 
but not in derogation of, compliance with section 7(b) of the Indian 
Self-Determination and Education Assistance Act (25 U.S.C. 450e(b)).
    (iv) ________ Form HUD-2880, Applicant/Recipient Disclosure/Update 
Report, as required under subpart C of 24 CFR part 12, Accountability 
in the Provision of HUD Assistance.
    (v) ________ Form HUD-4121-I, Indian HOME Program Grants. 
Comprehensive Approach; component that addresses the Comprehensive 
Approach For Expanding The Supply Of Affordable Housing. Indian tribes 
are not required to submit a Comprehensive Housing Affordability 
Strategy (CHAS), a Tribal Housing Plan, or a housing strategy to 
receive HOME funds. However, the application must demonstrate how the 
proposed project will contribute to a comprehensive approach for 
expanding the supply of affordable housing for members of the Indian 
tribe.
    (vi) ________ Form HUD-4122-I, Indian HOME Program Grants. Project 
Summary; component that addresses the summary description of the 
proposed project.
    (vii) ________ Building codes (24 CFR 92.621). A statement 
documenting the codes for the project is an application requirement and 
shall identify proper building codes that the Tribal government shall 
enforce or promulgate when the grant is awarded. This does not mean 
Section 8 Housing Quality Standards. Meeting Section 8 Housing Quality 
Standards is not sufficient for this building code requirement.
    (viii) ________ Operation Plan. All proposed projects that shall be 
operated as rental projects MUST include a management and maintenance 
plan and a staffing plan for these functions. An agreement with the 
tribal IHA to manage the units is not sufficient as a management and 
maintenance staffing plan; the IHA should include projected staffing to 
carry out these functions.
    (ix) ________ Form HUD-4125-I, Indian HOME Program Grants. 
Implementation Schedule.
    (x) ________ Form HUD-4123-I, Indian HOME Program Grants. Cost 
Summary.
    (xi) ________ Project location map.
    (xii) ________ Components that address the selection criteria. The 
applicant must provide a narrative and supporting documentation that 
are responsive to the selection criteria of sections I.(e) (1), (2), 
and (3) of this NOFA. This includes, but is not limited to, a 
description of how the HOME funds shall be used, and the various kinds 
of information that are necessary in order to apply the selection 
criteria and rating factors.
    Applications which do not comply with the eligibility requirements 
will not be transmitted for rating and ranking.

(e) Selection Criteria and Ranking Factors

    Each project submitted for grant funding shall be evaluated using 
the three criteria provided in 24 CFR 92.604, as more fully explained 
in sections I.(e) (1), (2), and (3) of this NOFA, below. See Figure 1. 
For an application to be considered for rating, ranking, and funding, 
all eligibility requirements must be addressed. After rating, the 
project must receive at least 50 points to be considered for funding. 
The complete rating and ranking process is described in detail at 
section I.(e)(5).
    All the potential points which can be earned are summarized as 
follows:

Need and Design
30
  Need
(15)    
    Need/Quantity/Documentation
4
    Need/Quantity/Demographics
3
    Responsiveness
3        
    Benefits
5        
  Project Feasibility
(15)  
Planning and Implementation
40
  Financial
(15)    
    Property/Cost/Ability to Pay
6        
    Cashflow thru Completion
3        
    Feasibility thru Affordability Period
3        
    Cost Effectiveness Test
3        
  Legal and Administrative
(10)    
  Staffing Plan during Implementation
(15)    
Leveraging
30

    HUD urges each applicant to screen its application using the 
Checklist of Eligibility Requirements and Application Submission 
Requirements to ensure that the application meets each requirement.
    In responding to each of the components which address the selection 
criteria, HUD requests that each applicant:

--Use separate tabs for each selection criterion and sub-criterion. In 
order to be rated, make sure the response is beneath the appropriate 
heading.
--Keep its responses in the same order as the NOFA.
--Provide the necessary data and the explanation, not exceeding 200 
words, that supports the response. Include all relevant material to a 
response under the same tab. Do not assume the reviewer will search for 
the answer or information to support the answer elsewhere in the 
application.
--Do a preliminary rating for its own project, providing a score 
according to the scoring guide. This will help to show the applicant 
how its project might be scored by the reviewers. It will also help to 
show the applicant whether the application meets the eligibility 
requirements and the [[Page 3523]] minimum point score requirement (50 
points), and where the strengths and weaknesses of the application are 
located. Then, the applicant can strengthen the weaker parts of the 
application and retain the stronger parts.
    The HOME program is for low-income and very low-income persons. In 
the application, applicants should provide information on the median 
income for the community in which the proposed project is located. If 
this information is not available, the applicant should obtain it from 
the ONAP.

                 Figure 1.--Indian Home Program Scoring                 
------------------------------------------------------------------------
                                                               Maximum  
                     Selection criteria                         points  
------------------------------------------------------------------------
Need and design............................................           30
Planning and implementation................................           40
Leveraging.................................................           30
------------------------------------------------------------------------

    (1) Need and Design--30 points maximum.
    The first of the three criteria provided in 24 CFR 92.604 addresses 
the degree to which the application: (1) identifies the housing needs 
of the tribe, (2) describes the demographic characteristics of needy 
very low and low-income families, (3) describes the characteristics of 
the homes to be provided, (4) is from an applicant with a high ratio of 
unmet need to total need, and (5) proposes homes which meet the 
characteristics of the needy. This first criterion is divided into two 
parts that will be examined and evaluated separately. These parts are: 
(i) Need and (ii) Project Feasibility.
    (i) Need--15 points maximum. The degree to which the proposed 
project addresses the housing need(s) of the tribe as identified in the 
documentation for the project. Tribal need must be documented. This 
documentation should include current IHA waiting lists, data on the 
degree of overcrowding, percentage of population in need of housing 
based upon census data, etc. Waiting lists from the IHA should identify 
whether the list is for rental housing or ownership housing, e.g., 
mutual help. An IHA waiting list for ownership housing is especially 
important if the proposed project contemplates the sale of units, e.g., 
new construction.
    (A) Housing Need Expressed in Terms of Quantity (4 points maximum). 
The tribe shall express its housing needs within its reservation, 
service area, or area of operation by:
--The number of affordable units, as documented by the applicant;
--The size (number of bedrooms) of the needy households as documented 
by the applicant;
--The type of assistance needed, e.g., rehabilitation vs. new 
construction, as documented by the applicant; and
--The tenure type of the housing needed, i.e., homeownership or rental, 
as documented by the applicant.

    Documentation that contains a recent formal survey prepared by a 
tribe, a State, the Federal government or a commission authorized by a 
tribe, a State, or the Federal government, or a recent formal survey 
authorized by a tribe, State, the Federal Government or a tribe 
authorized commission and actually performed by a third party, such as 
a consultant or university, shall receive four points. Documentation 
supporting housing need other than a formal survey shall receive 0 or 2 
points depending upon the quality of the documentation presented. See 
Table 1.

                         Table 1.--Scoring Guide                        
------------------------------------------------------------------------
          Quantity of housing need--quality of documentation--          
-------------------------------------------------------------------------
           Good                      Fair               Unsatisfactory  
------------------------------------------------------------------------
4 points.................  2 points................  0 points.          
------------------------------------------------------------------------

    (B) Demographic Information Regarding Indian Households in Need of 
Housing (3 points maximum). The demographic characteristics of Indian 
households that are in need of the housing identified in (A), above, 
shall quantify the number of Indian households and number of family 
members in the household, their age, and gender, as well as the number 
of households for which an accessible unit is needed. An application 
which contains this data shall receive 3 points. A current IHA waiting 
list may be used to supply this data. Waiting lists should identify 
whether the list is for rental housing or ownership housing, e.g., 
mutual help. A waiting list for ownership housing is especially 
important if the proposed project contemplates the sale of units, e.g., 
new construction.
    Partial supporting documentation shall receive 2 points. If the 
documentation is unclear or missing entirely, 0 points. See Table 2.

                         Table 2.--Scoring Guide                        
------------------------------------------------------------------------
         Quantity of housing need--demographic characteristics--        
-------------------------------------------------------------------------
 Complete or with correct                                               
         IHA list            Partial documentation    Unclear or Missing
------------------------------------------------------------------------
3 points.................  2 points................  0 points.          
------------------------------------------------------------------------

    (C) Proposed Supply by Quantity, Size, Tenure, and Type (3 points 
maximum). Documentation in the application must identify the housing to 
be supplied by the proposed project. Supply must be described by the 
following characteristics:

--The number of affordable units to be provided;
--The size (number of bedrooms) of the units to be provided;
--The type of assistance to be provided, e.g., rehabilitation vs. new 
construction; and
--The tenure type of the housing to be provided, i.e., homeownership or 
rental.

    An application that provides this information shall receive 3 
points. An application that does not respond to all these requirements 
shall receive 2 or 0 points depending upon its responsiveness to this 
factor. See Table 3.

                         Table 3.--Scoring Guide                        
------------------------------------------------------------------------
                Responsiveness to housing supply factors                
-------------------------------------------------------------------------
     Very responsive           Fairly responsive        Not responsive  
------------------------------------------------------------------------
3 points.................  2 points................  0 points.          
------------------------------------------------------------------------

    (D) Benefits to Very Low- and Low-Income Members of the Tribe (5 
points maximum). Under this factor, the applicant with the larger ratio 
of unmet need receives more points. The ratio is the number of very low 
and low-income families of the tribe in need of housing divided by the 
total number of very low and low-income families of the tribe. This is 
multiplied by 5 points. The number of points should be rounded to 2 
decimal places. See Table 4.
    For example, a tribe has 20 low and very low income families in 
need of housing and a total of 100 low and very low income families. 
Substitute these values in the formula:

5  x  (20/100)=
5  x  0.20=
1.00 points.

                         Table 4.--Scoring Guide                        
------------------------------------------------------------------------
              Benefits to very low- and low-income members              
-------------------------------------------------------------------------
5 x (low- and very low-income families in need of housing/total of low- 
 and very low-income families)--Round to 2 decimal places.--            
------------------------------------------------------------------------

    (ii) Project feasibility. Match Between Demand and Supply by 
Characteristics.--15 points maximum. Project feasibility as measured 
here is the degree to which the housing units in the proposed project 
match the need of actual families for low- and very low- income housing 
that was identified in the previous evaluation factor when responding 
to each of the following factors. To evaluate the degree to which the 
proposed project addresses the housing needs of the tribe as identified 
in the application, points will be awarded based upon:
    (A) The relationship between the number of affordable units to be 
provided as compared to the number needed, as documented by the 
applicant;
    (B) The size (number of bedrooms) of the units to be provided 
relative to sizes of needy households as documented by the applicant;
    (C) The type of assistance to be provided, e.g., rehabilitation vs. 
new construction, compared with the type of assistance necessary, as 
documented by the applicant; and
    (D) The tenure type of the housing to be provided, i.e., 
homeownership or rental, compared with the type of assistance required, 
desired, or necessary as documented by the applicant.
    (E) In addition, the applicant should provide assurances that the 
units are in compliance with building code requirements or shall be 
brought into compliance (modular and manufactured homes are eligible 
forms of housing); and
    (F) The project plan should indicate a schedule for the 
implementation of the expanded housing opportunities.
    The documentation for a project shall receive 15 points if it: (1) 
Shows that the quantity of housing units to be made available for very 
low- and low-income families of the tribe meets the demand, (2) 
illustrates that the size of the unit to be made available meets the 
need of the very low- and low-income families, (3) illustrates that the 
type of assistance (rehabilitation, new construction) to be provided 
meets the type of assistance needed, (4) shows that the tenure type 
(ownership, rental) to be provided is the tenure type needed, (5) 
provides building code compliance assurances, and (6) describes the 
delivery schedule. The documentation for a project shall receive 8 
points if it does not clearly respond to all six items. The 
documentation for a project shall receive 0 points if it does not 
clearly respond to four of the six items. See Table 5.

                         Table 5.--Scoring Guide                        
------------------------------------------------------------------------
           Match between proposed supply and documented demand          
-------------------------------------------------------------------------
           Good                      Fair               Unsatisfactory  
------------------------------------------------------------------------
15 points................  8 points................  0 points.          
------------------------------------------------------------------------

    (2) Planning and Implementation--40 points maximum.
    The second of the three criteria provided in 24 CFR 92.604 is: The 
degree to which the financial, legal, and administrative actions 
necessary to undertake the proposed project have been considered and 
addressed in the documentation for the project, and the degree to which 
the applicant has the administrative staff to carry out the project 
successfully. Applicants must be concrete and specific in describing 
the financial, administrative, and legal actions involved in carrying 
out the project, and must describe their own administrative capability, 
existing or planned, to carry out this project. The applicant must 
demonstrate, using complete cost and revenue estimates for the project, 
including loans if necessary, that the proposed project is financially 
feasible and meets the regulatory affordability requirements. This 
second criterion is divided into three parts that will be examined and 
evaluated separately. These three parts are: (i) Financial; (ii) Legal 
and Administrative Actions; and (iii) Staffing Plan during 
Implementation.
    (i) Financial--15 points maximum.
    (A) Property identification and comparison of project cost and 
ability of needy family to pay (6 points maximum). The applicant must 
demonstrate that the proposed very low- and low-income families who 
will be the owners or tenants shall be able to afford to buy or rent 
this housing in accordance with the affordability requirements under 24 
CFR 92.614: ``qualification as affordable housing and income targeting: 
rental housing,'' and 24 CFR 92.615: ``qualification as affordable 
housing: home ownership.'' This evaluation is to include the results of 
market surveys for acquisition, rehabilitation, or new construction of 
housing and/or the identification of the actual properties to be 
acquired, rehabilitated, or constructed.
    In addition to information concerning the supply of homes, the 
applicant must provide information to support the demand for homes. 
This market information should indicate that there is a demand for the 
type of tenure being proposed for the home at the price being proposed. 
If the project is for homeownership, what evidence is there that there 
is sufficient demand of interested and eligible applicants? Have 
applicants been identified? Selected? If the proposed applicant is 
renting, is there evidence they want to buy? Is there evidence they can 
afford to buy? As an indication of credit worthiness, has the applicant 
been pre-qualified for a loan?
    For all types of projects, but especially for an owner-occupied 
rehabilitation project, include a discussion of funding for routine 
maintenance and property taxes, which may increase due to an increase 
in the unit value, and energy conservation. Since the units to be 
rehabilitated with the HOME grant became substandard because they were 
not maintained, include a discussion of provisions to pay for training 
and education, and for major repair and replacement as a result of 
damage or loss through wear and tear. For example: After the unit is 
rehabilitated with this HOME grant, how will it be maintained? Are 
funds being set aside to maintain the unit? Whose funds are they--the 
owner's, tenant's, owner/occupant's? Is there a plan included in the 
application to address this? Will the applicant provide for energy 
efficient construction/rehabilitation which goes beyond regulatory 
requirements so as to minimize occupant expenditure for utilities? Will 
the applicant employ construction/rehabilitation techniques/materials 
which will help minimize the upkeep and maintenance costs to the 
occupant/owner? For scoring, see Table 6.

                         Table 6.--Scoring Guide                        
------------------------------------------------------------------------
           Property identification and cost vs. ability to pay          
-------------------------------------------------------------------------
           Good                      Fair               Unsatisfactory  
------------------------------------------------------------------------
6 points.................  3 points................  0 points.          
------------------------------------------------------------------------

    (B) Cash flow projection through project completion (3 points 
maximum). This requirement deals with the year by year cash flow for 
the proposed project. For example, for a new construction project by 
the applicant of a single family detached unit that is to be sold to a 
low income family that will occupy the unit, the cash flow projection 
would show the cost of construction, the [[Page 3525]] construction 
payments, any equity or debt using HOME or non-HOME funds, any 
downpayment and any mortgage loan made in the sale of the unit to the 
family, and the monthly mortgage payment and the source of funds to 
make those payments.
    The applicant must provide a year-by-year cash flow projection 
which includes an estimate of all project costs and revenues. The 
project must be financially feasible from the start. The costs and the 
revenues must be realistic. The units must be buildable for the amounts 
shown. The costs must not be unrealistically low, showing more product 
for less money.
    There should be a projection of costs and revenues for the time the 
work is being carried out as well as the time of maintenance and 
repair. The costs and revenues projection identifies what the 
maintenance and repair and major replacement costs for the long term 
(i.e., not less than the minimum period of affordability, 24 CFR 
92.614) are going to be and how they will be paid. The projection must 
identify what the costs and revenues are. If the source of revenue is a 
grant, the grant must be identified. The costs and revenues and the 
cash flow must cover the construction period and the marketing period 
(if there will be a marketing period); the period of maintenance and 
repair must be projected separately. The applicant must identify 
whether there is a need for short-term borrowing for rehabilitation or 
whether rehabilitation is paid for entirely from HOME and leveraged 
funds; any years of negative cash flow; and the cumulative negative 
cash flow. If the project requires financing, i.e., borrowing, to get 
through periods of negative cash flow, the applicant must show the 
financing in the cash flow projection. For scoring, see Table 7.

                         Table 7.--Scoring Guide                        
------------------------------------------------------------------------
             Cash flow projection through project completion            
-------------------------------------------------------------------------
           Good                      Fair               Unsatisfactory  
------------------------------------------------------------------------
3 points.................  2 points................  0 points.          
------------------------------------------------------------------------

    (C) Financial feasibility during the affordability period (3 points 
maximum). This requirement deals with the financial feasibility of the 
housing during the affordability period beginning after project 
completion, i.e., after completion of the acquisition, rehabilitation, 
or new construction. The affordability period can be from 5 years to 20 
years (24 CFR 92.614). The housing has costs and revenues throughout 
the affordability period. Identify all of the costs and revenues, year 
by year, and display them to ensure that all of the costs shall be paid 
by revenues reasonably anticipated to occur.
    The housing must be financially feasible for the affordability 
period, while at the same time remaining affordable as prescribed by 
the requirements at 24 CFR 92.614 and 92.615. Arrangements to be made 
for long-term costs must be shown. If during this period developer 
borrowing is required to get through periods of cumulative negative 
cash flow, the applicant must show the borrowing. The applicant must 
show buyer mortgage payments, if any.
    As costs occur for the units that are occupied (e.g., owner-
occupied rehabilitation, or new construction of rental housing), the 
application must discuss who will pay those costs and how they will be 
paid; whether any borrowing will be involved; whether the owner is 
expected to make the payments and when the payments will occur. The 
costs and revenues for maintenance, repair, and major replacements must 
be included in the affordability period cash flow projection. For a 
rental project, the projection must include how the project management 
staffing costs described in the staffing plan will be paid. For 
scoring, see Table 8.

                         Table 8.--Scoring Guide                        
------------------------------------------------------------------------
          Financial feasibility during the affordability period         
-------------------------------------------------------------------------
           Good                       Fair              Unsatisfactory  
------------------------------------------------------------------------
3 points.................  2 points.................  0 points.         
------------------------------------------------------------------------

    (D) Cost effectiveness test (3 points maximum). The cost 
effectiveness test is related to leverage because the more non-HOME 
grant money brought to the project, the lower the amount of HOME grant 
money needed. The cost effectiveness test gives more points to projects 
that use less HOME funds. The cost effectiveness test also rewards 
projects which use HOME funds most efficiently.
    (1) Housing Rehabilitation. For rehabilitation projects, the 
proposed expenditure of HOME funds shall be no more than 62.5% of the 
cost of new construction (i.e., no more than 62.5% of the total 
development cost (TDC)) for substantial rehabilitation and no more than 
50% of the cost of new construction for moderate rehabilitation. If the 
HOME assistance is less than 20% of the maximum allowable, the project 
receives 3 points; for 20% to 60%, 2 points; for 61% to 99%, 1 point. 
If it is 100% of the maximum allowable, the project receives 0 points. 
See Table 9.
    (2) Acquisition. For acquisition projects, the proposed expenditure 
of HOME funds shall be no more than 62.5% of the cost of new 
construction (i.e., no more than 62.5% of the TDC) if it has been 
substantially rehabilitated and no more than 50% of new construction if 
it has been moderately rehabilitated. If the HOME assistance is less 
than 20% of the maximum allowable, the project receives 3 points; for 
20% to 60%, 2 points; for 61% to 99%, 1 point. If it is 100% of the 
maximum allowable, the project receives 0 points. See Table 9.
    (3) New Construction. For new construction projects, the proposed 
expenditure of HOME funds shall be less than or equal to 100% of the 
TDC. If the HOME assistance is less than 20% of the maximum allowable, 
the project receives 3 points; for 20% to 60%, 2 points; for 61% to 
99%, 1 point. If it is 100% of the maximum allowable, the project 
receives 0 points. See Table 9.

                         Table 9.--Scoring Guide                        
------------------------------------------------------------------------
                         Cost effectiveness test                        
-------------------------------------------------------------------------
    0% to 19%          20% to 60%        61% to 99%           100%      
------------------------------------------------------------------------
3 pts............  2 pts............  1 pts...........  0 pts.          
------------------------------------------------------------------------

    (ii) Legal and Administrative Actions--10 points maximum. All 
policies, procedures, standards, criteria, and planning documents 
necessary for the type of project proposed must be included in the 
documentation for the project. Where rental housing is envisioned, this 
includes the tenant selection requirements for rental housing at 24 CFR 
92.622(e). Where assistance for homebuyers is contemplated, this 
includes the requirements of 24 CFR 92.615. In addition, if the 
applicant is assisting homebuyers, the applicant must establish 
guidelines determined by HUD to be appropriate for the subsequent 
resale of the housing units, required under 24 CFR 92.615(a)(4). 
Planning documents should include a discussion of steps that will be 
taken to ensure maintenance of housing quality throughout the 
affordability period. Points will be awarded based on the inclusion of 
sample documents, as well as the quality of the documents. See Table 
10. Reviewers shall determine points on the extent to which the 
applications include documentation on the following factors:
    (A) Housing Rehabilitation. Data submitted should include adopted 
rehabilitation policies, including [[Page 3526]] adopted rehabilitation 
standards that meet applicable local codes and/or ordinances; maximum 
rehabilitation cost per unit; rehabilitation selection criteria; and 
project planning documents.
    (B) Acquisition. Data submitted should include adopted standards 
for houses that shall be acquired, including maximum purchase price per 
unit; participant selection criteria, and project planning documents.
    (C) New Construction. Data submitted should include adopted 
standards for construction that meet applicable or local codes and 
ordinances and that meet HUD prescribed energy-efficiency standards; 
maximum cost per unit; participant selection criteria; and project 
planning documents.

                        Table 10.--Scoring Guide                        
------------------------------------------------------------------------
                     Other legal and administrative                     
-------------------------------------------------------------------------
           Good                      Fair               Unsatisfactory  
------------------------------------------------------------------------
10 points................  5 points................  0 points.          
------------------------------------------------------------------------

    (iii) Staffing Plan during Implementation--15 points maximum. The 
applicant must provide a staffing plan and timetable for implementation 
of the project, to include the following:
    (A) Implementation Plan. The staffing plan must identify key 
personnel, and their experience relative to the proposed project, who 
will be employed during the implementation phase of the project, i.e., 
during acquisition, rehabilitation, construction. In order to be 
properly rated, experience identified must demonstrate the competence 
of key personnel in relation to the tasks required in implementing the 
proposed project. A proposal having highly experienced/competent 
personnel will receive 11 to 15 points. Proposed staff will be rated in 
varying degrees of competence in accordance with Table 11 below.
    (B) Implementation Plan. If the tribe has an agreement for the 
tribal IHA (or any other entity) to implement the project, a copy of 
the agreement should be included, as well as a staffing plan of the IHA 
(or other entity), which includes the addition of this project, and a 
description of the impact on the entity due to administering this 
project. See Table 11.

                        Table 11.--Scoring Guide                        
------------------------------------------------------------------------
         Staffing plan during implementation--plan and timetable        
-------------------------------------------------------------------------
           Good                      Fair               Unsatisfactory  
------------------------------------------------------------------------
15 points................  7 points................  0 points.          
------------------------------------------------------------------------

    (3) Leveraging--30 points maximum.
    The third of the three criteria provided in 24 CFR 92.604 is: 
Leveraging of HOME funds. Leveraging means using HOME funds to attract 
or bring in other dollars. Leveraging is the degree to which other 
sources of assistance (including, but not limited to: loans, advances, 
equity investments, interest subsidies, State funds, private 
contributions, and in-kind contributions) are used in conjunction with 
HOME funds to carry out the proposed project. The application must 
identify the leveraged funding for the HOME project and whether the 
leveraged funding is for an eligible HOME project cost. For example, a 
Bureau of Indian Affairs-funded road is only counted for leveraging 
purposes if it's a site improvement and then only to the extent it 
benefits the HOME project units (and that amount becomes part of the 
TDC). If the proposed HOME project is being funded with resources other 
than the HOME grant, the application must show those resources as 
leveraged resources and how they will be used. Proportionate amounts of 
each resource and the HOME grant should be expended at the same time, 
but if not, the application should explain why and identify when they 
will be spent.
    Funds from all sources to be used for the applicant's project must 
be documented by a written commitment but may be contingent on approval 
of the HOME award. These resources will be counted only if they are 
currently available or will be available within 3 months of grant 
notification. The degree to which other sources of assistance are used 
will be evaluated, and points will be awarded based upon the additional 
number of dollars for assisted housing made available from other 
sources of assistance divided by the number of HOME dollars requested 
in the application.
    (i) Points will be awarded as presented in Table 12. For example, 
when one hundred (or more) dollars are made available from other 
sources of assistance for each one hundred dollars of HOME funds 
requested in the application, the maximum number of points (30) is 
awarded. When sixty dollars are made available from other sources of 
assistance for each one hundred dollars of requested HOME funds, 
fifteen points are earned.

                        Table 12.--Scoring Guide                        
------------------------------------------------------------------------
                               Leveraging                               
-------------------------------------------------------------------------
                             Ratio                               Points 
------------------------------------------------------------------------
100% or more..................................................        30
80% but less than 100%........................................        20
60% but less than 80%.........................................        15
40% but less than 60%.........................................        10
Less than 40%.................................................         5
------------------------------------------------------------------------

    (ii) Ratio as a percentage is computed by dividing the number of 
dollars made available from other sources of assistance by the number 
of dollars of HOME funds requested in the application, and multiplying 
by 100.
    (iii) Applicants must provide documentation of the amount and 
sources of additional funds, including mortgage insurance, tribal 
funds, private contributions, tribal in-kind contributions directly 
related to the activity (labor, material, and equipment, as well as for 
soft costs, e.g., architectural and engineering costs, administrative 
costs), etc., which are to be used in conjunction with HOME funds to 
carry out the proposed project.
    (iv) In-kind contributions must be documented. Land already owned 
by the tribe shall not be counted. In the case of land donated by 
individuals or entities, it will be counted if the donation was 
contingent upon the receipt of the HOME award. All funds, services, and 
land to be contributed must be documented. Land value will be counted 
as a contribution only to the extent of its appraised value. All 
appraisals shall be in conformance with established and generally 
recognized appraisal practices and procedures in common use by 
professional appraisers. Donated services will be accepted, provided 
that: first, the costs are demonstrated and determined necessary and 
directly attributable to the actual development of the project; and 
second, comparable costs and time estimates are submitted that justify 
the costs attributable to the donated services or labor. Donated labor 
shall be valued at a level necessary for the work provided and shall be 
assessed at the skill level of the individual(s) providing the labor.
    (v) The amounts recognized as leverage can include any other 
Federal grant or assistance program. Loans secured through mortgage 
loan insurance programs (e.g., section 184 loan guarantee) can be 
recognized as leverage. Note that Indian Health Service funding is not 
being made available for HOME projects. [[Page 3527]] 

(f) Application Review

    (1) Receipt, eligibility, correctable deficiencies, and non-
correctable deficiencies.
    (i) Receipt. Upon receipt of the application, the ONAP will note 
the date and time and provide written acknowledgement to the applicant 
indicating the date and time the application was received.
    (ii) Eligibility. Each application will be screened at the ONAP for 
eligibility requirements. For the application to be transmitted for 
rating and ranking, it must meet each eligibility requirement.
    (iii) Correctable deficiencies. The opportunity to correct a 
technical, non-substantive deficiency is only given for those 
deficiencies which would not affect the evaluation of the application. 
Therefore, only minor administrative deficiencies are correctable. To 
assure uniform treatment, these are limited to a failure to submit a 
certification with the application or failure to submit a signed 
certification with the application. An applicant is not permitted to 
improve its application by filing statements that address substantive 
requirements after the due date for submissions has passed. If the 
application has correctable deficiencies, prior to a final 
determination on funding, the ONAP shall notify the applicant in 
writing of the correctable deficiencies and require their correction by 
the applicant within 14 days of the issuance of notification. The 14 
days shall run from the date of the HUD letter to the date the 
applicant's response is received by HUD.
    (iv) Non-correctable deficiencies. If the application does not 
include all the items identified as non-correctable eligibility 
requirements, the ONAP shall not request any corrections for 
correctable deficiencies. The ONAP shall set the application aside and 
not transmit it to the national panel. When HUD announces its decisions 
concerning the funding competition, the ONAP shall notify the applicant 
whose application did not meet the eligibility requirements.
    (2) Eligibility requirements. Completeness will be determined by 
the ONAP as to whether the application includes all the non-correctable 
items, properly prepared and executed, identified in the Checklist of 
Eligibility Requirements and Application Submission Requirements under 
section I.(d) of this NOFA. No rating or point scoring will be done. 
Therefore, ONAP screening does not include determining whether the 
application meets the minimum point score requirement. After these ONAP 
reviews, each complete application and each application which is 
complete except for correctable deficiencies will be sent with the ONAP 
checklist by the ONAP to the national panel for rating and ranking 
against the evaluation factors.
    (3) Rating and ranking. Rating and ranking of applications will be 
carried out by a national panel. Panel members will review and rate 
each application which meets the eligibility requirements. The 
application ratings will be used to create an Initial Application 
Ranking List.
    (i) Merged Ranking. After the projects from all applicants have 
been rated, their scores will be assembled in a single, merged list of 
scores for all rated projects. There will be a single national list.
    (ii) Computation. Scores for ranking will be carried out to two 
decimal places (e.g., 12.34).
    (4) Selection. The ranking process will produce an ordered list of 
projects that may receive funding. The order is established by the 
number of points the project received in the rating process. The 
eligibility requirement for further consideration will be 50 out of 100 
points. Project applications scoring lower than 50 points will be set 
aside as non-responsive and ineligible. After rating and ranking, 
applicants with the highest scores will be selected and offered awards. 
NOTE: the grantee must carry out an environmental review before any 
HOME funds are committed to an activity requiring such a review 
(acquisition, rehabilitation, or new construction, generally; 
administrative costs are exempt) and obtain approval of its request for 
release of funds under 24 CFR part 58, in accordance with 24 CFR 
92.633, as amended August 26, 1994 (59 FR 44263).
    This year there is a geographic diversity requirement to take the 
best application from each of the Regions covered by the ONAPs and fund 
those first. For every ONAP Region with a fundable application which 
scores at least 50 points there will be one award which goes to the 
highest scoring application from that ONAP Region.
    (5) Tie Breaker. When rating results in a tie among projects, 
projects will be approved in the following order:
    (i) Those that can be fully funded over those that cannot be fully 
funded;
    (ii) Projects that benefit the greatest number of very low- and 
low-income persons; and
    (iii) Projects that benefit the highest percentage of the total 
population of the tribe.
    (6) Errors. ONAP administrators may make a determination that an 
error has occurred and the ONAP Director may approve or disapprove the 
determination. Applicants may bring errors in the rating and ranking of 
applications to the attention of ONAP within 90 days of being informed 
of their score. If an ONAP review determines that there was an error 
that denied funding to the applicant, the ONAP will construct a 
hypothetical distribution that would have existed if the error had not 
been made, and the ONAP will determine what the funding would have been 
for the applicant subject to the funds that were available at the time. 
The applicant will be funded out of remaining funds in the challenged 
round of funding, or out of the next available round of funding.

II. Application Process

(a) Application Packages

    Although this NOFA provides the public with notice of, and salient 
information about, the FY 1995 HOME program for Indian applicants, it 
is the application kit that provides applicants with further necessary 
information on how to participate in the program. Applicants should 
obtain a copy of the application kit, which includes copies of required 
forms, from any ONAP listed in Appendix 1.

(b) Submittal of Complete Application

    Completed applications must be submitted to the ONAP having 
jurisdiction for the applicant at the address listed at Appendix 1. The 
application shall be submitted on Form 424 and shall be accompanied by 
all the legal and administrative attachments required by the form.

(c) Application Due Date

    An applicant may submit an application for a project at any time 
after the publication date of this NOFA to the ONAP having jurisdiction 
over the applicant on or before 3:00 p.m. ONAP local time, April 14, 
1995. This application deadline is firm as to date and hour. The 
Department shall treat as ineligible for consideration any application 
that is received after the deadline. Applicants should make early 
submission of their materials to avoid any risk of loss of eligibility 
brought about by unanticipated delays or other delivery-related 
problems. Facsimile (``FAX'') copies of applications will not be 
accepted.

III. Other Matters

(a) Environment

    A Finding of No Significant Impact with respect to the environment 
has been made in accordance with HUD regulations that implement section 
[[Page 3528]] 102(2)(C) of the National Environmental Policy Act of 
1969 (42 U.S.C. 4332). The Finding of No Significant Impact is 
available for public inspection during business hours in the Office of 
the Rules Docket Clerk, Office of General Counsel, Room 10276, 
Department of Housing and Urban Development, 451 Seventh Street, S.W., 
Washington, D.C. 20410.

(b) Energy

    Utility expenses place a heavy burden on Indian housing and often 
cause abandonment. Applicants are encouraged to address this problem in 
applications for funding. 24 CFR 92.621: ``Newly constructed housing 
must meet the current edition of the Model Energy Code published by the 
Council of American Building Officials. Substantially rehabilitated 
housing must meet the cost-effective energy conservation and 
effectiveness standards in 24 CFR part 39.'' See also 24 CFR 905.250(b) 
and 24 CFR 85.36(b)(7).

(c) Federalism Impact

    The General Counsel, as the Designated Official under section 6(a) 
of Executive Order 12612, Federalism, has determined that the policies 
contained in this NOFA shall 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. The NOFA is 
limited to providing funds to Indian tribes in accordance with a 
program to expand the supply of affordable housing. As a result, the 
rule is not subject to review under the order.

(d) Family Impact

    The General Counsel, as the Designated Official for Executive Order 
12606, the Family, has determined that the provisions of this NOFA have 
the potential for indirect, although positive, impact on family 
formation, maintenance and general well-being within the meaning of the 
Order. The NOFA provides funds to Indian tribes in accordance with a 
program to expand the supply of affordable housing. To the extent that 
housing for families is increased, the impact on the family is indirect 
and beneficial. Accordingly, no further review is considered necessary.

(e) Section 102 of the HUD Reform Act

    Documentation and Public Access Requirements; Applicant/Recipient 
disclosures:
    Documentation and public access requirements. HUD shall 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, shall be made available for public inspection 
for a five-year period beginning not less than 30 days after the award 
of the assistance. Material shall 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 shall include the 
recipients of assistance pursuant to this NOFA in its Federal Register 
notice of all recipients of HUD assistance awarded on a competitive 
basis. (See 24 CFR 12.14(a) and 12.16(b), and the notice published in 
the Federal Register on January 16, 1992 (57 FR 1942), for further 
information on these documentation and public access requirements.)
    Disclosures. HUD shall 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) shall be 
made available along with the applicant disclosure reports, but in no 
case for a period less than three years. All reports--both applicant 
disclosures and updates--shall 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 subpart C, and the notice 
published in the Federal Register on January 16, 1992 (57 FR 1942), for 
further information on these disclosure requirements.)

(f) 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 at 24 CFR part 4. Part 4 applies to the funding competition 
announced today. The requirements of the rule continue to apply until 
the announcement of the selection of successful applicants.
    HUD employees involved in the review of applications and in the 
making of funding decisions are restrained by part 4 from providing 
advance information to any person (other than an authorized employee of 
HUD) concerning funding decisions, or from otherwise giving any 
applicant an unfair competitive advantage. Persons who apply for 
assistance in this competition should confine their inquiries to the 
subject areas permitted under 24 CFR part 4.
    Applicants who have questions should contact the HUD Office of 
Ethics (202) 708-3815. (This is not a toll-free number.) The Office of 
Ethics shall provide information of a general nature to HUD employees, 
as well.

(g) Section 112 of the HUD Reform Act

    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 part 86, particularly the 
examples contained in Appendix A of the rule. Forms necessary for 
compliance with the rule may be obtained from the local HUD office.

(h) Section 3

    24 CFR part 135. Economic Opportunities for Low and Very Low Income 
Persons. All applicants are herein notified that section 3 of the 
Housing and Urban Development Act of 1968 and the regulations in 24 CFR 
part 135 are applicable to funding awards made under this NOFA. One of 
the purposes of the assistance is to give to the greatest extent 
feasible, and consistent with existing Federal, State, and local laws 
and regulations, job training, employment, contracting and other 
economic opportunities to section 3 residents and section 3 business 
concerns. Applicants that receive Indian HOME Program assistance which 
exceeds $200,000 for housing rehabilitation or new construction shall 
comply with the procedures and requirements of this part to the maximum 
extent consistent with, but not in derogation of, compliance with 
section 7(b) of the Indian Self-Determination and Education Assistance 
Act (25 U.S.C. 450e(b)).

(i) Monitoring

    (i) HUD Monitoring. HUD monitoring will be in accordance with the 
[[Page 3529]] provisions at 24 CFR 92.650, Performance Reviews.
    (ii) Grantee Reports. Grantees must submit performance reports in 
accordance with 24 CFR 92.649.
    (iii) Certifications. HUD monitoring will continue until the grant 
funds are expended and the project is complete. After that, HUD will 
rely upon an annual statement from the grantee--throughout the required 
period--which affirms that the project continues to meet affordability 
requirements.

    Authority: 42 U.S.C. 3535(d) and 12701-12839.

    Dated: December 27, 1994.
Joseph Shuldiner,
Assistant Secretary for Public and Indian Housing.

     Appendix 1.--List of Local Offices of Native American Programs     
------------------------------------------------------------------------
          Tribes located                        ONAP address            
------------------------------------------------------------------------
East of the Mississippi River      Eastern/Woodlands Office of Native   
 (including all of Minnesota).      American Programs, 5P, Metcalfe     
                                    Federal Building, 77 West Jackson   
                                    Boulevard, Chicago, Illinois 60604- 
                                    3507, (312) 353-1282 or (800) 735-  
                                    3239, TDD Numbers: 1-800-927-9275 or
                                    312-886-3741.                       
Louisiana, Missouri, Kansas,       Southern Plains Office of Native     
 Oklahoma, and eastern Texas.       American Programs, 6.IPI, Murrah    
                                    Federal Building, 200 NW 5th Street,
                                    Oklahoma City, Oklahoma 73102-3202, 
                                    (405) 231-4101, TDD Numbers: 405-231-
                                    4181 or 405-231-4891.               
Colorado, Iowa, Montana,           Northern Plains Office of Native     
 Nebraska, North Dakota, South      American Programs, 8P, First        
 Dakota, and Wyoming.               Interstate Tower North, 633 17th    
                                    Street, Denver, Colorado 80202-3607,
                                    (303) 672-5462, TDD Number: 303-844-
                                    6158.                               
Arizona, California, New Mexico,   Southwest Office of Native American  
 Nevada, and western Texas.         Programs, 9EPID, Two Arizona Center,
                                    400 North Fifth Street, Suite 1650, 
                                    Phoenix, Arizona 85004-2361, (602)  
                                    379-4156, TDD Number: 602-379-4461  
                                       or                               
                                   Office of Native American Programs,  
                                    HUD, 450 Golden Gate Avenue, 8th    
                                    Floor, Box 36003, San Francisco, CA 
                                    94102-3448, (415) 556-9200, TDD     
                                    Number: (415) 556-8357.             
Idaho, Oregon, and Washington....  Northwest Office of Native American  
                                    Programs, 10PI, 909 First Avenue,   
                                    Suite 300, Seattle, Washington 98104-
                                    1000, (206) 220-5270, TDD Number:   
                                    (206) 220-5185.                     
Alaska...........................  Alaska Office of Native American     
                                    Programs, 10.1PI, 949 East 36th     
                                    Avenue, Suite 401, Anchorage, Alaska
                                    99508-4399, (907) 271-4633, TDD     
                                    Number: (907) 271-4328.             
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[FR Doc. 95-1058 Filed 1-13-95; 8:45 am]
BILLING CODE 4210-33-P