[Federal Register Volume 60, Number 34 (Tuesday, February 21, 1995)]
[Notices]
[Pages 9726-9731]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-4120]




[[Page 9725]]

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Part II





Department of Housing and Urban Development





_______________________________________________________________________



Office of the Assistant Secretary for Community Planning and 
Development



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Funds Availability for Youthbuild Programs Fiscal Year 1995; Notice

  Federal Register / Vol. 60, No. 34 / Tuesday, February 21, 1995 / 
Notices   
[[Page 9726]] 

DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

Office of the Assistant Secretary for Community Planning and 
Development
[Docket No. N-95-3876; FR-3817-N-01]


Youthbuild: Notice of Funds Availability for Youthbuild Programs 
Fiscal Year 1995

AGENCY: Office of the Assistant Secretary for Community Planning and 
Development, HUD.

ACTION: Notice of Funds Availability for the FY 1995 Youthbuild 
Competition.

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SUMMARY: This Notice of Funds Availability (NOFA) announces the 
availability of up to $74.1 million of Fiscal Year 1995 program funds 
(including Fiscal Year 1994 funds that were merged with the 1995 
appropriation) for grant assistance under the Youthbuild Program 
established by the Housing and Community Development Act of 1992. These 
funds will be awarded competitively. Both planning and implementation 
grants will be funded, but combined grants covering both types of 
awards will not be funded under this current competition. The body of 
this NOFA contains information on the following: the purpose of the 
NOFA, information regarding eligibility, available funding, the 
application process and selection criteria.

APPLICATION SUBMISSION: An original and one copy of the completed 
application for grant funds must be received in HUD Headquarters prior 
to close of business on May 8, 1995. Applications will be accepted at 
the following address: Processing and Control Unit, Office of Community 
Planning and Development, Department of Housing and Urban Development, 
451 Seventh Street SW., Room 7255, Washington, DC 20410. ATTN: 
Youthbuild. At close of business on the deadline date, applications 
will be received at either room 7255 or the South Lobby of the 
Department of Housing and Urban Development at the above address.
    Applications which are mailed prior to May 8, 1995, but not 
received until after the deadline will be deemed to have been received 
by the date if postmarked by the United States Postal Service by no 
later than May 5, 1995. Express delivery items received after May 8, 
1995, will be deemed to have been received by the deadline upon 
submission of documentary evidence that they were placed in transit 
with the express delivery service by no later than May 6, 1995. 
Applications may not be submitted by facsimile (FAX).

FOR A COPY OF THE APPLICATION PACKAGE, CONTACT: The HUD Processing and 
Control Unit, Office of Community Planning and Development, U.S. 
Department of Housing and Urban Development, 451 Seventh Street SW., 
Room 7255, Washington, DC 20410. Requests for application packages for 
the current competition must be made in writing, but may be faxed to 
(202) 708-3363. (This is not a toll-free number.) Applicants are 
strongly encouraged to use the fax transmission method to request 
applications, as it promotes accurate information and expedites HUD's 
response time. Requests for application packages must include the 
applicant organization's name, contact person, mailing address, zip 
code, area code and telephone number, and must refer to ``Youthbuild'' 
document FR-3817. The Youthbuild application package contains 
appropriate instructions, forms and required certifications for 
completing a grant request. Requests for Youthbuild application 
packages for the current competition should be made immediately. HUD 
will distribute application packages as soon as they become available.

FOR FURTHER INFORMATION CONTACT: All procedural and substantive 
questions should be directed to the Office of Economic Development, 
Department of Housing and Urban Development, Room 7136, 451 Seventh 
Street SW., Washington DC 20410; telephone (202) 708-2035 or TDD (202) 
708-1455 for the hearing impaired. These are not toll-free numbers.

SUPPLEMENTARY INFORMATION: The information collection requirements 
contained in this Notice have been approved under the Paperwork 
Reduction Act of 1980 (44 U.S.C. 3501-3520) by the Office of Management 
and Budget (OMB), and have been assigned OMB control number 2506-0142, 
expiration date August 31, 1996.

I. Program Purpose

    The purposes of the Youthbuild program are (1) to provide 
economically disadvantaged young adults with opportunities to obtain 
education, employment skills and meaningful on-site work experience as 
a service to their communities and a means to achieve self-sufficiency; 
(2) to foster the development of leadership skills and commitment to 
community; and (3) to expand the supply of permanent affordable housing 
for homeless and low- and very low-income persons by providing planning 
grants for program design and implementation grants for carrying out a 
Youthbuild Program.

A. Authority

    The Youthbuild program is authorized under subtitle D of title IV 
of the Cranston-Gonzales National Affordable Housing Act (42 U.S.C. 
8011) (the Act), as added by section 164 of the Housing and Community 
Development Act of 1992 (Pub. L. 102-550). Implementing Regulations are 
found in the Final Rule published elsewhere is today's Federal 
Register.

B. Funding Availability

    This Notice announces the availability of approximately $74.1 
million in program funds. HUD intends to use approximately $5 million 
of this amount for planning grants, with the remainder for 
implementation grants. Of the total amount of program funds, $26.6 
million was originally appropriated by the HUD appropriations act for 
Fiscal Year 1994 (Pub. L. 103-124, enacted October 28, 1993) and $47.5 
million was appropriated by the HUD appropriations act for Fiscal Year 
1995 (Pub. L. 103-327, enacted September 28, 1994). The latter act 
merged these two appropriations. Any unobligated funds from previous 
competitions or additional funds that become available as a result of 
deobligations from previous awards may also be used to fund 
applications submitted in response to this NOFA. Five percent of each 
fiscal year's program funds may be set aside for emergency purposes.
    HUD may use any of the above funds to correct procedural errors 
from the previous competition in the event that HUD determines that the 
correction of the errors would have meant that the applications should 
have been funded under that competition. This provision is restricted 
to applicants who filed an appeal based on a procedural scoring error, 
in writing, no later than November 7, 1994 (four months from the 
announcement of FY 93 awards), and for which HUD determines that there 
was a procedural error.
    In addition to the above program funds, $3.9 million is planned for 
technical assistance consistent with section 458(d) of the Act.

C. Objectives
    The Youthbuild program is designed to help disadvantaged young 
adults who have dropped out of high school to 1) obtain the education 
and employment skills necessary to achieve economic self-sufficiency 
and 2) develop leadership skills and a commitment to community 
development in low-income [[Page 9727]] communities. Grant funds can be 
used to fund eligible educational and support services and activities, 
as defined by the Act, composed of basic skills instruction and 
remedial education, employment skills and leadership development, and 
counseling and other support services.
    Another important objective of the Youthbuild program is to expand 
the supply of permanent affordable housing for homeless persons and 
members of low- and very low-income families. Giving disadvantaged 
young adults meaningful on-site training experiences in housing 
construction and rehabilitation enables them to provide a service to 
their communities by helping to meet the housing needs of homeless and 
low-income families.
    An additional purpose of the program 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 low-income persons and business concerns. To 
that purpose, section 3 of the Housing and Urban Development Act of 
1968 (12 U.S.C. 1701u) is applicable to Youthbuild implementation grant 
recipients.

II. Overview of Youthbuild Planning and Implementation Grants

A. Types of Grants

    HUD will award Youthbuild planning grants to eligible applicants 
for the purpose of planning Youthbuild programs in accordance with 
subtitle D of title IV of the Cranston-Gonzales National Affordable 
Housing Act (NAHA). HUD will award Youthbuild implementation grants to 
eligible applicants for the purpose of carrying out Youthbuild programs 
in accordance with subtitle D. Applications will be selected in a 
competition in accordance with the grant selection process described in 
section V. below.

B. Maximum Awards

    Under the competitions established by this NOFA, the maximum award 
for a Youthbuild planning grant is $100,000 and the maximum award for a 
Youthbuild implementation grant is $1,000,000. No amendments will be 
made to awards under this competition that will increase previously 
approved grant amounts.

C. Locational Considerations

    (1) Planning grants: HUD will not approve multiple applications for 
planning grants in the same jurisdiction, unless HUD determines that 
the jurisdiction is sufficiently large to justify approval of more than 
one application.
    (2) Implementation grants: Each application for an implementation 
grant may only include activities to carry out one Youthbuild program, 
i.e., to start a new Youthbuild program or to fund new classes of 
Youthbuild participants for an existing program. The same applicant 
organization may submit more than one application in the current 
competition if the proposed programs are in different jurisdictions. 
HUD will not approve multiple applications for implementation grants in 
the same jurisdiction unless HUD determines that the jurisdiction is 
sufficiently large to justify approval of more than one application.

D. Eligible Applicants

    Eligible applicants are public or private nonprofit agencies, state 
or local housing agencies or authorities, states or units of general 
local government, Indian tribes or any other entity eligible to provide 
education and employment training under other Federal employment 
training programs, as further defined in 24 CFR 585.4.

E. Youthbuild Program Components

    Youthbuild programs receiving assistance under this NOFA (for 
either program planning or implementation) must contain the three 
components described in items (1), (2) and (4) below. Other activities 
described in item (3) are optional.
    (1) Educational and job training services.
    (2) Leadership training, counseling and other support activities.
    (3) Special activities such as entrepreneurial training, drivers' 
education, internships, programs for those with learning disabilities, 
and in-house staff training. (Optional)
    (4) On-site training through actual housing rehabilitation and/or 
construction work. Each program must be structured so that 50 percent 
of each participant's time is spent in on-site training.
    Refer to 24 CFR 585.3 for a detailed description of program 
components.

F. Eligible Participants
    All participants in a Youthbuild program must be very low-income 
high school dropouts between the ages of 16 and 24, inclusive, at the 
time of enrollment. Up to 25 percent of participants may be above very 
low-income or high school graduates (or equivalent), but must have 
educational needs that justify their participation in the program.

G. Eligible Activities

    (1) Planning grant activities used to develop a Youthbuild program 
may include:
    (a) feasibility studies and research;
    (b) establishment of a consortium of public and private 
participants, including service providers, housing developers, labor 
unions, etc.;
    (c) identification of housing sites and arrangements for 
participants to have access;
    (d) preliminary architectural and engineering work and cost 
estimates;
    (e) the development of the educational, training, leadership 
development, counseling and other support service components of a 
Youthbuild program, including the staffing requirements;
    (f) the preparation of an implementation grant application; and
    (g) administrative costs. Youthbuild funds for these costs may not 
exceed 15 percent of the total amount of Youthbuild assistance.
    Refer to 24 CFR 585.205 for further details on eligible planning 
activities.
    (2) Implementation grant activities used to conduct a Youthbuild 
program may include:
    (a) work and activities associated with the acquisition, 
rehabilitation, or construction of the housing and related facilities 
to be used in the program;
    (b) relocation payments and other assistance required to comply 
with 24 CFR 585.308.
    (c) costs for the ongoing training and technical assistance needs 
of the applicant that are related to carrying out a Youthbuild program.
    (d) education, job training, counseling, employment and leadership 
development services and activities;
    (e) wages, benefits and need-based stipends for participants; and
    (f) administrative costs. Youthbuild funds for these costs may not 
exceed 15 percent of the total amount of Youthbuild assistance.
    Refer to 24 CFR 585.305 for further details on eligible 
implementation activities.

H. Resources from Other Federal, State, Local or Private Entities

    Applicants are encouraged to use existing housing and homeless 
assistance programs administered by HUD or other Federal, State, local 
or private housing programs as part of their Youthbuild programs. Use 
of other Federal, State, local or private funds available for 
vocational, adult and bilingual education programs or for job training 
under the JTPA Act and the Family Support Act of 1988 is also 
[[Page 9728]] encouraged. The selection process described in this NOFA 
provides for applicants to receive points where grant applications 
contain evidence of interest (for planning applications) or commitments 
(for implementation applications) from Federal, State, local, or 
private sources to provide resources to carry out Youthbuild 
activities.

I. Environmental Procedures and Standards

    Implementation grant applicants are encouraged to select hazard-
free and problem-free properties for their Youthbuild projects. 
Environmental procedures apply to HUD approval of implementation grants 
when the applicant proposes to use Youthbuild funds to cover any costs 
for the lease, acquisition, rehabilitation, or new construction of real 
property proposed for housing project development. Environmental 
procedures do not apply to HUD approval of implementation applications 
when applicants propose to use their Youthbuild funds solely to cover 
any costs for classroom and/or on-the-job construction training and 
support services.
    For those implementation grant applicants that propose to use their 
Youthbuild funds to cover any costs of the lease, acquisition, 
rehabilitation, or new construction of real property, the applicant 
shall submit all relevant environmental information in its application 
to support HUD decision-making in accordance with the environmental 
procedures and standards set forth in 24 CFR 585.307.
J. Grant Periods

    Funds awarded for a planning grant should be used within 12 months 
of the effective date of the planning grant agreement. Funds awarded 
for an implementation grant should be used within 30 months of the 
effective date of the implementation grant agreement.

III. Selection Criteria for Youthbuild Applications

    HUD will review each application for a planning or an 
implementation grant and assign points in accordance with the selection 
criteria described in this section. Where there are differences between 
the criteria for planning and implementation applications, they are so 
noted. Each application will be assigned up to 100 points. In addition, 
applications may receive up to 5 bonus points for AmeriCorps 
participation (see section F below), and implementation applications 
may receive an additional 10 housing priority points (see section G 
below).
    A. Capability: the qualifications, experience, or potential 
capabilities of the applicant and participating parties. (Maximum 
Points: 25) The capability of the applicant and participating parties 
to plan or implement a successful young adult education and training 
program within a reasonable time period, within budget, and in an 
effective manner as demonstrated through past performance. In assigning 
points for this criterion, HUD will consider evidence in the 
application that demonstrates:
    (1) Young adult education and training experience: The past 
performance and experience of the applicant entity or other 
participating parties (applicant's partner, member of local Youthbuild 
consortium, or other entity participating in the program) in planning 
or implementing young adult education and training programs, including 
programs for low-income persons from economically distressed 
neighborhoods, or an explanation of how such capability will be 
obtained.
    (2) Young adult leadership development experience: The past 
experience of the applicant entity or other participating party in 
providing leadership development training and activities for young 
adults, or an explanation of how such capability will be obtained.
    (3) Housing experience: The knowledge, experience, and performance 
of the applicant entity or other participating parties in producing 
sound and affordable housing for the homeless and low-income families, 
or an explanation of how such knowledge and experience will be 
obtained.
    B. Need: the need for the proposed program, as determined by the 
degree of distress of the community. (Maximum Points: 20) In assigning 
points for this criterion, HUD will consider the relative degree of 
distress of the jurisdiction(s) from which participants will be 
recruited and in which the housing will be constructed or 
rehabilitated. HUD will calculate the degree of need of the 
jurisdiction(s) in which the program will be located from generally 
available data. In addition, HUD will consider information provided by 
the applicant on the distress of target areas within the 
jurisdiction(s).
    C. Program Quality and Feasibility: comprehensiveness and 
effectiveness of the proposed Youthbuild program. (Maximum Points: 35) 
HUD will consider the overall quality and feasibility of the proposed 
program as measured by the principles and goals of the proposed 
program, whether proposed program activities meet the overall 
objectives of the Youthbuild program, whether the proposed program 
activities will be accomplished within a reasonable time and at 
reasonable expense, whether the proposed program activities are 
comprehensive and integrated, and the potential success of the proposed 
program. Planning applications will be evaluated by the extent to which 
the applicant describes a strategy for developing plans. Implementation 
applications will be evaluated by the actual plan. Areas to be 
considered in this evaluation are:
    (1) Outreach, recruitment and selection activities: A description 
of the proposed (a) outreach, recruitment (including specific steps to 
be taken to attract potential eligible participants who are unlikely to 
be aware of this program because of race, ethnicity, sex, or 
disability) and selection strategies; (b) special outreach efforts to 
recruit eligible young women and young women with dependent children; 
and (c) recruitment arrangements made with public agencies, courts, 
homeless shelters, local school systems, community-based organizations, 
etc.;
    (2) Educational and job training services and activities: A 
description of the educational component of the program, including: (a) 
the types of instructional services to be provided; (b) the number and 
qualifications of program instructors and ratio of instructors to 
participants; (c) realistic scheduling plan for classroom and on-the-
job training; and (d) reasonable payments of participant wages, 
stipends, and incentives.
    (3) Leadership development and support services: A description of 
the leadership development, counseling, and referral services to be 
offered to participants, including: (a) leadership development 
strategies and activities and plans to build group cohesion and peer 
support; and (b) the type of counseling and support services and/or 
need-based stipends to be provided.
    (4) Coordination: A description of how the Youthbuild program will 
make use of ongoing Federal, State, Indian tribe, local, private and 
community-based services and activities associated with (a) 
educational, job training, child care, social services, counseling and 
referral services; (b) homeless and housing programs; and (c) 
apprenticeship programs of local building trade unions.
    (5) On-site training: A description of (a) the housing construction 
or rehabilitation activities to be undertaken by participants at the 
site(s) to be used for the on-site training component of the program, 
(b) the qualifications and number of on-site supervisors; and (c) the 
amounts, reasonable wages and/or [[Page 9729]] stipends to be paid to 
participants during on-site work.
    (6) Job placement assistance: A description of the applicant's 
strategies and procedures for (a) participant placement in meaningful 
employment, enrollment in post-secondary education programs, job 
development, starting business enterprises, or other opportunities 
leading to economic independence; and (b) follow-up assistance and 
support activities to program graduates.
    (7) Program evaluation: A description of a comprehensive evaluation 
plan that is designed to measure the success of the program.
    D. Program Resources: expressions of interest (for planning 
applications) or commitment of resources (for implementation 
applications) obtained from other Federal, State, local and private 
sources. (Maximum Points: 10) In assigning points for this criterion, 
HUD will consider the extent of interest or level of resources obtained 
for cash or in-kind contributions to cover the following kinds of 
areas:
    (1) social services (i.e., counseling and training);
    (2) use of existing vocational, adult, bilingual educational 
courses;
    (3) use of housing stock and/or housing funds available through 
existing public or private programs;
    (4) construction and/or rehabilitation loans, grants, or interest 
rate subsidies;
    (5) donation of labor, resource personnel, supplies, materials, 
classroom and/or meeting space;
    (6) architectural and engineering work:
    (7) public improvements, tax abatements, or other commitments.
    E. Empowerment Zone/Enterprise Community: Up to 10 points will be 
assigned if the proposed Youthbuild program's participant recruitment 
and housing areas are, in whole or in part, in a Federally designated 
urban or rural Empowerment Zone, Enterprise Community, or Supplemental 
Empowerment Zone, as selected by HUD.
    F. AmeriCorps Participation Bonus: Up to 5 points may be assigned 
to Youthbuild applicants who provide evidence of application and/or 
selection as an AmeriCorps program sponsor.
    G. Implementation Applications Only: Housing Program Priority 
Points: 10 priority points will be assigned to all implementation 
applications that contain evidence that housing funds from other 
Federal, state, local or private sources are available to cover the 
costs, in full, for the following housing activities for the proposed 
Youthbuild program: acquisition, architectural and engineering fees, 
construction, and rehabilitation. Implementation applications proposing 
to use Youthbuild grant funds, in whole or in part, for any one of the 
housing activities listed above will not be entitled to the ten 
priority points.

IV. Application Requirements

    Applicants must complete and submit applications for Youthbuild 
grants in accordance with instructions contained in the FY 1995 
Youthbuild application package. The application package will request 
information in sufficient detail for HUD to determine whether the 
proposed activities are feasible and meet all the requirements of 
applicable statutes and regulations. In some cases, different 
information is needed for planning applications than for implementation 
applications. The application package requires a description of the 
applicant's and participating parties' experiences in young adult and 
housing programs, a description of the proposed Youthbuild program, a 
description of other public and private resources to be used for the 
program, including other housing resources, a schedule for the program, 
budgets, identification of housing sites(s), and demonstration of site 
access. The application package also contains certifications that the 
applicant will comply with fair housing and civil rights requirements, 
program regulations, regulations in 24 CFR part 135 with regard to 
economic opportunities for low-income persons and business concerns, 
and other Federal requirements. Applicants must also certify that the 
proposed activities are consistent with the HUD-approved Consolidated 
Plan in accordance with 24 CFR part 91. Applicants should refer to the 
Youthbuild application package for further instructions.

V. Selection Process

    In order to afford applicants every opportunity to submit a ratable 
application, while at the same time ensuring the fairness and integrity 
of the selection process, HUD is adopting the following application 
submission and selection procedures:
    A. Initial Screening: During the period immediately following the 
application deadline, HUD will screen each application to determine 
eligibility. Applications will be rejected if they (1) are submitted by 
ineligible applicants, (2) do not use the current FY 95 application 
package, (3) propose a program for which significant activities are 
ineligible, (4) there are any outstanding findings of noncompliance 
with civil rights statutes, Executive Orders, or regulations, as a 
result of formal administrative proceedings, or the Secretary has 
issued a charge against the applicant under the Fair Housing Act, 
unless the applicant is operating under a conciliation or compliance 
agreement designed to correct the areas of noncompliance, and (5) are 
submitted by applicants that have major unresolved audit or monitoring 
findings.
    B. Rating and Ranking: Each eligible application will be rated 
based upon the criteria described in section III of this NOFA, with a 
maximum of 105 points assigned for planning applications and 115 points 
assigned for implementation applications. Using the scores assigned, 
the applications will be placed in rank order, with separate rankings 
for planning and implementation applications. Applications will be 
preliminarily selected for funding in accordance with their rank order. 
To promote national geographic diversity, HUD reserves the right to 
select lower-rated applications if necessary or to limit the amount or 
number of awards per jurisdiction or State.
    If two or more applications have the same score and there are 
insufficient funds to fund all of them, the application(s) with the 
highest score for the Program Quality and Feasibility criterion shall 
be selected for funding. If a tie still remains, the application(s) 
with the highest score for the Capability criterion shall be selected. 
In the event of a procedural error that, when corrected, would result 
in selection of an otherwise eligible applicant during the funding 
round under this NOFA, HUD may select that application when sufficient 
funds become available.
    C. Clarification of Application Information: In accordance with the 
provisions of 24 CFR part 4, subpart B, HUD may contact an applicant to 
seek clarification of an item in the application, or to request 
additional or missing information, but the clarification or the request 
for additional or missing information shall not relate to items that 
would improve the substantive quality of the application pertinent to 
the funding decision. For the Youthbuild program, these clarification 
items include, but are not limited to: (a) missing or unsigned program 
certifications, and (b) budget errors or inconsistencies. For 
implementation applications only, these clarification items also 
include: (c) failure to identify the address or equivalent property 
site identification for the housing project(s) to be used for the on-
site training; (d) incomplete documentation to show that the applicant 
has obtained access to the [[Page 9730]] housing site(s) if the 
applicant does not own it; (e) failure to structure the proposed 
program so that fifty percent of the time spent by program participants 
is devoted to educational and support services and activities and fifty 
percent to on-site training; (f) failure to target the outreach and 
recruitment efforts to disadvantaged young adults between the ages of 
16 and 24 years old; and (g) failure to designate the housing to be 
produced in conjunction with the program for the use of the homeless 
and low- and very low-income families. If an applicant fails to provide 
the clarification as requested, the application may be rejected.
    D. Potential Environmental Disqualification: HUD reserves the right 
to disqualify an implementation application where one or more 
environmental thresholds are exceeded if it is determined that the 
environmental review cannot be conducted and satisfactorily completed 
by HUD within the HUD review period. (See 24 CFR 585.307.)
    E. Reduction in Requested Grant Amount: HUD will approve an 
application for an amount lower than the amount requested by the 
applicant or adjust line items in the proposed grant budget within the 
amount requested (or both) if it determines that:
    (1) the amount requested for one or more eligible activities is not 
supported in the application or is unreasonably related to the service 
or activity to be carried out;
    (2) an activity proposed for funding does not qualify as an 
eligible activity and can be separated in the budget;
    (3) the amount requested exceeds the total cost limitation 
established for a planning or implementation grant; or
    (4) insufficient funds remain for the entire request.
    F. Notification of Approval or Disapproval: HUD will notify the 
selected applicants and the applicants that have not been selected. 
HUD's notification to a selected applicant of the amount of the grant 
award, based on the approved application, will constitute a preliminary 
approval by HUD, subject to HUD and recipient execution of the grant 
agreement to initiate program activities.

VI. Other Matters

A. Environmental Impact

    A Finding of No Significant Impact with respect to the environment 
has been made in accordance with HUD regulations at 24 CFR part 50, 
which implement section 102(2)(C) of the National Environmental Policy 
Act of 1969 (42 U.S.C. 4332). The Finding 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, Department of 
Housing and Urban Development, Room 10276, 451 Seventh Street, SW, 
Washington, DC 20410.

B. Family Executive Order

    The General Counsel, as the Designated Official under Executive 
Order 12606, The Family, has determined that some of the policies 
contained in this NOFA will have a potential significant impact on the 
formation, maintenance, and general well-being of the family. The 
expected expansion of the housing supply for homeless and low- and very 
low-income persons and the provision of opportunities to economically 
disadvantaged young adults to enhance their education and employment 
skills will provide a positive impact on the family maintenance and 
general well-being. However, since the impact on the family is 
beneficial and the program involves very little HUD discretion, no 
further review is necessary.

C. Federalism Executive Order
    The General Counsel, as the Designated Official under section 6(a) 
of the Executive Order 12612, Federalism, has determined that the 
policies contained in this NOFA do not have ``Federalism'' implications 
because they do not have substantial direct effects on the States 
(including their political subdivisions), or on the distribution of 
power and responsibilities among the various levels of government.

D. Section 102 of the HUD Reform Act--Accountability in the Provision 
of HUD Assistance.

1. Documentation and Public Access
    HUD will ensure that documentation and other information regarding 
each application submitted pursuant to this NOFA are sufficient to 
indicate the basis upon which assistance was provided or denied. This 
material, including any letters of support, will be made available for 
public inspection for a five year period beginning not less than thirty 
days after the award for assistance. Material will be made available in 
accordance with the Freedom of Information Act (5 U.S.C. 552) and HUD's 
implementing regulations at 24 CFR part 15. In addition, HUD will 
include the recipients of assistance pursuant to this NOFA in its 
quarterly Federal Register notice of all recipients of HUD assistance 
awarded on a competitive basis. (See 24 CFR part 12, subpart B, and the 
notice published in the Federal Register on January 16, 1992 (57 FR 
1942) for further information on these requirements.)
2. Disclosures
    HUD will make available to the public for five years all applicant 
disclosure reports (form HUD-2880) submitted in connection with this 
NOFA. Update reports (also form HUD-2880) will be made available along 
with the applicants disclosure reports, but in no case for a period of 
less than three years. All reports--both applicant disclosures and 
updates--will be made available in accordance with the Freedom of 
Information Act (95 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 disclosure requirements.)

E. Section 103 of the HUD Reform Act--Prohibition of Advance 
Disclosures of Funding Decisions.

    HUD's regulation implementing section 103 of the Reform Act was 
published on May 13, 1991 (56 FR 22088) and became effective on June 
12, 1991. That regulation, codified as 24 CFR 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. Also, refer to (58 FR 61016), a final rule amending part 4 
regarding the regulations of certain conduct by HUD employees and by 
applicants for HUD assistance during the selection process for the 
award of financial assistance by HUD.
    Applicants who have questions should contact the HUD Office of 
Ethics (202) 708-3815 or TDD (202) 708-1455 for the hearing-impaired. 
(These are not toll-free numbers.) The Office of Ethics can provide 
information of a general nature to HUD employees, as well.

F. Section 112 of the HUD Reform Act

    Section 13 of the Department of Housing and Urban Development Act 
(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 [[Page 9731]] 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 was implemented by final rule published in the Federal 
Register on May 17, 1991 (56 FR 22912), and is codified as 24 CFR part 
86. If readers are involved in any efforts to influence the Department 
in these ways, they are urged to read the final rule, particularly the 
examples contained in Appendix A of the rule.
    Any questions regarding the rule should be directed to: Acting 
Director, Office of Ethics, room 2158, Department of Housing and Urban 
Development, 451 Seventh Street, S.W., Washington, D.C. 20410. 
Telephone: (202) 708-3815; TDD: (202) 708-1455. (These are not toll-
free numbers.) 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) 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 and 7 CFR part 1944, Subpart 
G, applicants, recipients, and subrecipients of assistance exceeding 
$100,000 must certify that no Federal funds have been or will be spent 
on lobbying activities in connection with the assistance.
    Indian Housing Authorities (IHAs) established by an Indian tribe as 
a result of the exercise of the tribe's sovereign power are excluded 
from coverage of the Byrd Amendment, but IHAs established under State 
law are not excluded from the statute's coverage.
Required Reporting
    A certification is required at the time application for funds is 
made that Federally appropriated funds are not being or have not been 
used in violation of section 319 and the disclosure will be made of 
payments for lobbying with other than federally appropriated funds. 
Also, there is a standard disclosure form, SF-LLL, ``Disclosure Form to 
Report Lobbying'', which must be used to disclose lobbying with other 
than Federally appropriated funds at the time of application.

H. Drug-Free Workplace.

    The Drug-Free Workplace Act of 1988 (41 U.S.C. 701) requires 
grantees of Federal agencies to certify that they will provide drug-
free workplaces. Each potential recipient under this NOFA must certify 
that it will comply with the drug- free workplace requirements of the 
Drug-Free Workplace Act of 1988 and HUD's implementing regulations at 
24 CFR part 24, subpart F.

I. Catalog of Federal Domestic Assistance

    The Catalog of Federal Domestic Assistance program title and 
number is 14.243.

    Authority: 42 U.S.C. 8011; Pub.L. 102-550.

    Dated: February 7, 1995.
Andrew Cuomo,
Assistant Secretary for Community Planning and Development.
[FR Doc. 95-4120 Filed 2-17-95; 8:45 am]
BILLING CODE 4210-29-P