[Federal Register Volume 60, Number 61 (Thursday, March 30, 1995)]
[Notices]
[Pages 16560-16564]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-7833]




[[Page 16559]]

_______________________________________________________________________

Part III





Department of Housing and Urban Development





_______________________________________________________________________



NOFA for Lead-Based Paint (LBP) Risk Assessments; Notice

  Federal Register / Vol. 60, No. 61 / Thursday, March 30, 1995 / 
Notices   
[[Page 16560]] 

DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

Office of the Assistant Secretary for Public and Indian Housing
[Docket No. N-95-3778; FR-3875-N-01]


NOFA for Lead-Based Paint (LBP) Risk Assessments

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

ACTION: Notice of funding availability for FY 1995.

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

SUMMARY: This NOFA informs Public Housing Agencies and Indian Housing 
Authorities (referred to jointly as ``HAs'') that have pre-1980 family 
developments, of the availability of up to $8,052,535 in funding for 
lead-based paint (LBP) risk assessments. The NOFA contains information 
on the following:
    (a) The purpose of the NOFA, available amounts and eligibility;
    (b) Application processing, including how to apply and how 
selections will be made;
    (c) A schedule of steps involved in the application process;
    (d) Notice that funds will be awarded on a first-come, first-served 
basis; and
    (e) Notice of the requirement that the Department's risk assessment 
protocol be used by HAs in conducting a LBP risk assessment and in 
developing recommendations regarding interim controls.

DATES: An application may be submitted immediately after publication of 
this NOFA, and must be submitted by 3:00 p.m. local time (i.e., the 
time in the HUD Field Office where the application is submitted) on May 
30, 1995. This deadline is firm as to date and hour. In the interest of 
fairness to all applicants, the Department will treat as ineligible for 
consideration any application that is received after the deadline. 
Applicants should take this practice into account and make early 
submission of their applications to avoid any risk of loss of 
eligibility brought about by unanticipated delays or other delivery-
related problems.

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

FOR FURTHER INFORMATION CONTACT: William J. Flood, Director, 
Modernization Division, Office of Distressed and Troubled Housing 
Recovery, Department of Housing and Urban Development, 451 Seventh 
Street, SW., Room 4134, Washington, D.C. 20410, telephone (202) 708-
1640. Indian Housing Authorities may contact: Dom Nessi, Director, 
Office of Native American Programs, Department of Housing and Urban 
Development, 451 Seventh Street, SW., Room B-133, Washington, DC 20410, 
telephone (202) 755-0032. A telecommunications device (TDD) for persons 
with hearing and speech impediments is available at (202) 708-0850 . 
(These are not toll-free telephone numbers.)

SUPPLEMENTARY INFORMATION:

Paperwork Reduction Act Statement

    The information collection requirements contained in this NOFA have 
been approved by the Office of Management and Budget (OMB), under 
section 3504(h) of the Paperwork Reduction Act of 1980 (44 U.S.C. 3501-
3520), and assigned OMB control numbers 0348-0043, 2577-0044, 2525-
0101, and 0348-0046.

I. Purpose and Substantive Description

A. Allocation Amounts

    (1) Total amount available. The Departments of Veterans Affairs and 
Housing and Urban Development, and Independent Agencies Appropriations 
Act, 1992 (Pub. L. 102-139, approved October 28, 1991; at 105 Stat. 
744) (1992 Appropriations Act) set aside $25,000,000, of the 
$2,800,975,000 of budget authority available for modernization of 
existing public housing developments, for the risk assessment of lead-
based paint (LBP). However, amounts actually available from the 
appropriated amount were reduced because conversions from Section 8 
(U.S. Housing Act of 1937)-funded section 202 (Housing Act of 1959) 
direct loan projects to rental assistance-funded section 202 grant 
projects did not occur at the rate anticipated by Congress in the FY 
1992 Appropriations Act. Reductions were made in the FY 1991 carryover 
balances to fund FY 1992 programs, as provided in the Appropriations 
Act. The amount of funds available for LBP risk assessment in FY 1992 
was $23,853,455. In accordance with the language of that Appropriations 
Act, where funds awarded totaled less than the amount available, the 
remaining funds are to be carried over in subsequent NOFAs. Thus, in FY 
1992, the Department awarded $9,055,821. In FY 1993, $14,797,634 was 
available for LBP risk assessment funding and $2,840,711 was awarded 
based on applications received. In FY 1994, $11,946,823 was available; 
of that amount $3,888,076 was awarded, based on applications received. 
Additionally, $16,312 was awarded in FY 1994 to correct calculation 
errors made on applications submitted and eligible for funding in FY 
1993. The total amount of funding that remains available under this FY 
1995 NOFA is up to $8,052,535. The funding may change if the 
carryovers, transfers, and recaptures estimated to occur in FY 1995 are 
not realized.
    (2) Selection of applications for funding. Awards shall be made on 
a first-come, first-served basis. Additionally, an application must be 
complete and must meet the threshold criteria set forth in Section 
II.B. of this NOFA. As such, it is required that the proposed risk 
assessment be performed in pre-1980 family developments. Further, the 
Department has determined that a development targeted within an 
application will not be eligible for funding where a development has 
been:
     Tested and abated; or
     Tested and the results were negative; or
     Tested, results were positive, and an adequate interim 
control plan has been developed; or
     The subject of a risk assessment previously.
    In these instances, the Department recognizes that hazards have 
been addressed or identified; thus, there is no need to conduct a risk 
assessment.
    (3) Cost. Where a development is eligible to be the subject of a 
complete risk assessment, in accordance with the threshold criteria set 
forth in Section II.B. of this NOFA, the HA shall base its funding 
request on a per-unit-to-be-sampled-per-development cost. The per-unit 
cost must include costs for collection of dust and soil samples, 
collection of paint chip samples (where necessary), administration, 
laboratory analysis of collected paint, dust, and soil samples, 
interpretation of laboratory results on samples collected, review of 
maintenance and management practices, and the development (not the 
implementation) of recommendations for interim controls. Costs 
associated with interim controls are not eligible for funding under 
this NOFA. Funding of interim controls must be secured from other HA 
sources (i.e., CIAP, CGP, operating subsidy, operating reserves, or 
State/local contributions). [[Page 16561]] 
    The cost-per-unit-to-be-sampled may not exceed the amount of $495. 
Prior year funding indicates that a number of HAs were able to complete 
risk assessments at less than this amount (ranging from $250 to $350 
per-unit-to-be-sampled, excluding HA administrative costs). HAs are 
strongly encouraged to budget prudently for these costs. Where this 
amount is exceeded, the HA must submit justification of the amount 
requested, and the Field Office will examine the cost reasonableness of 
such request.
    The number of units to be sampled, which, at a minimum, must be 
used by HAs funded under this NOFA, is outlined in the table below:

------------------------------------------------------------------------
   Number of units in       Number of units for inspecting and testing  
       development                     (collecting samples)             
------------------------------------------------------------------------
1-4.....................  All.                                          
5-20....................  4 units or 50% (whichever is greater).        
21-75...................  10 units or 20% (whichever is greater).       
76-125..................  17.                                           
126-175.................  19.                                           
176-225.................  20.                                           
226-300.................  21.                                           
301-400.................  22.                                           
401-500.................  23.                                           
501+....................  24, plus 1 dwelling for each additional       
                           increment of 50 units or less.               
------------------------------------------------------------------------

The method to be used in determining which units are to be included in 
the sample is as follows:
    (a) Units cited as having building code violations within the past 
year;
    (b) Units determined to be in poor condition;
    (c) Units that contain two or more children between the ages of 6 
months and 6 years;
    (d) Units that serve as day-care facilities; and
    (e) Units prepared for reoccupancy within the past 3 months. If 
necessary, add additional units to achieve the required minimum sample 
number specified in the above table.

    Note: In addition to the minimum number of units to be sampled, 
add units housing children with elevated blood lead levels.

    As explained in Section III, Application Content, of this NOFA, an 
application must state each development number and specify the number 
of units to be sampled, the amount requested for each development, and 
the total amount the HA is requesting.
    (4) Distribution of funds. An administrative decision has been made 
not to assign funds to HUD Field Offices using the same method as in 
previous fiscal years. Funds will be assigned to Field Offices based on 
the number of applications submitted that met the eligibility criteria 
and the amount of funds requested. The Department expects to have 
enough money to fund all eligible applications. In the event funding 
requests exceed the amount available, awards will be made based on the 
date and time applications were received in the HUD Field Office. HUD 
Field Offices shall date- and time-stamp each application upon receipt.
    In Fiscal Year 1995, up to $7,835,117 will be targeted to public 
housing agencies, and up to $217,418 will be targeted to Indian housing 
authorities in the Office of Native American Programs (ONAP). As many 
eligible applications as possible will be funded.
    (5) Remaining funds. In the event that the funds awarded under this 
NOFA total less than the amount available, the remaining amount will be 
carried over to FY 1996, because the FY 1992 Appropriations Act 
specifically targets these funds for the assessment of risks associated 
with lead-based paint. If funds are carried over to FY 1996, a 
subsequent NOFA for these remaining set-aside funds will be published.
    (6) Section 3 (24 CFR part 135). 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.

B. Eligibility and Requirements

    (1) All HAs with pre-1980 family developments are eligible (i.e., 
both large HAs funded under the Comprehensive Grant Program (CGP) and 
small HAs funded under the Comprehensive Improvement Assistance Program 
(CIAP)). Specific developments targeted for funding within an 
application must meet the requirements set forth in Section II.B. of 
this NOFA.
    (2) HAs, especially smaller ones, are encouraged to form a 
consortium for purposes of having risk assessments conducted. Such a 
consortium would enable a number of HAs to obtain coordinated services 
for those risk assessments.
    (3) In accordance with section 14(a)(3) of the U.S. Housing Act of 
1937 (1937 Act) (added by the 1992 Appropriations Act, 105 Stat. 759), 
pre-1980 family developments within a HA's inventory may be the subject 
of a LBP risk assessment. As stated in section 14(a)(3), risk 
assessments are intended ``to assess the risks of lead-based paint 
poisoning * * * in all projects constructed before 1980 that are, or 
will be, occupied by families.'' Risk assessments are not mandatory; 
however, HAs are strongly encouraged to conduct them. In undertaking a 
risk assessment, a HA shall use a risk assessment protocol that, at a 
minimum, follows the Department's Lead-Based Paint Risk Assessment 
Protocol. Upon completion of the risk assessment, the HA must provide a 
copy of the results of the risk assessment to the appropriate Field 
Office. The risk assessment must be completed within eighteen (18) 
months of HUD's fund reservation notification to the HA.
    While the scope of the risk assessment may exceed the contents of 
the Department's protocol, funding shall be requested based on this 
protocol. The goal of the protocol is to enable a HA to identify lead 
hazards, so that appropriate interim controls can be implemented until 
random testing and/or full abatement can be undertaken. Section 
14(a)(3) of the 1937 Act requires that professional risk assessments 
include dust and soil sampling and laboratory analysis. The risk 
assessment protocol has been developed by the Department to ensure 
compliance with this provision and with certain requirements of the 
Lead-Based Paint Poisoning Prevention Act.
    HAs are expected to implement the interim control recommendations 
resulting from the completed risk assessment, especially in cases where 
full abatement will not be undertaken within a reasonable time frame 
(one year). However, actual implementation of recommendations that 
result from the risk assessment conducted is not eligible for funding 
under this NOFA. The implementation of resulting recommendations (e.g., 
comprehensive or random testing, abatement of lead, interim control 
measures, and work order modifications) may be funded from other HA 
sources (i.e., CIAP, CGP, operating subsidy, operating reserves or 
State/local contributions).
    In no instance shall the implementation of interim control measures 
satisfy the HA's obligation under the Lead-Based Paint Poisoning 
Prevention Act to abate lead-based paint hazards; rather, they are 
interim measures to be used until testing and/or full abatement can be 
undertaken, as appropriate. Similarly, in no instance 
[[Page 16562]] shall conducting a risk assessment satisfy the HA's 
obligation under the Lead-Based Paint Poisoning Prevention Act to test 
for and abate lead-based paint hazards.
    (4) CIAP requirements, as set forth in 24 CFR part 968, subpart B, 
and the CIAP Handbook, 7485.1 REV-4, are applicable to HAs funded under 
this NOFA. These requirements encompass implementation schedules, 
progress reports, budget revisions, requests for extensions, closeouts, 
etc. Fund requisitions are to be processed through the LOCCS/VRS 
system.
    (5) HAs must follow the requirements of 24 CFR part 85 for the 
procurement of risk assessments.
    (6) In accepting funding to perform a risk assessment, HAs must 
agree to participate, if requested by HUD, in a subsequent evaluation 
of the risk assessment protocol. This evaluation will entail a review 
of collected sampling data and the effectiveness of recommended interim 
control procedures.

C. Ineligible Costs and Activities

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

D. Selection of Applications

    (1) Applications will be selected for funding only after they have 
been deemed eligible in accordance with the threshold requirements set 
forth in Section II.B. of this NOFA. The Department expects to have 
enough money to fund all eligible applications. In the event funding 
requests exceed the amount available, awards will be made based on a 
first-come, first-served basis as indicated by the date- and time-stamp 
posted by the HUD Field Office when the HA's application is submitted.
    (2) Field Offices shall ensure that all applications (including 
copies) are date- and time-stamped immediately upon receipt. Field 
Offices shall notify Headquarters of funding decisions on July 13, 
1995. The Field Office will be responsible for identifying, notifying 
applicants of, and receiving corrections of any technical deficiencies 
in the application, as discussed in Section IV of this NOFA.
    (3) The Field Office Public Housing Division Director shall make 
final funding decisions. Each Field Office will advise Headquarters, by 
the date specified in Section I.D (2) of this NOFA, of the number of 
eligible applications, the amounts requested for each eligible 
development listed in each eligible application, and the total amount 
requested by an eligible housing authority. Headquarters will assign 
funds to the Field Offices based on total amounts requested from 
applicant HAs within each Field Offices' jurisdiction.

E. Notification of Awards

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

II. Application Process

A. General Requirements

    Forms that comprise the application kit are available from HUD 
Field Offices. To be considered for funding, an original and 2 copies 
of the application must be submitted to the HUD Field Office that has 
jurisdiction over the applicant HA. An application may be submitted 
immediately upon publication of this NOFA, and must be submitted before 
3:00 p.m., local time, on May 30, 1995, to the HUD Field Office that 
has jurisdiction over the applicant HA. The contents of the application 
are listed below, in Section III of this NOFA.
    The above-stated deadline is firm as to date and hour. In the 
interest of fairness to all applicants, the Department will treat as 
ineligible for consideration any application that is received after the 
deadline. Applicants should take this practice into account and make 
early submission of their materials to avoid any risk of loss of 
eligibility brought about by unanticipated delays or other delivery-
related problems.

B. Threshold Requirements

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

III. Checklist of Application Submission Requirements

    The following documents comprise the application:
    (a) OMB Standard Form 424, Application for Federal Assistance (HAs 
shall complete only items 2, 5, 12, 13, 14, 15, 17 and 18) and SF-
424(B);
    (b) Form HUD-52825, Comprehensive Assessment/Program Budget, Part 
I--Summary. The total amount requested for funding will be identified 
on this form under either account 1410.1, Administration (where HA 
staff will be used and the HA certifies that it has the capability of, 
and will be conducting the professional risk assessment; NOTE: a 
portion, not to exceed ten percent [10%] of the funding requested, may 
be used for administrative expenses incurred by the HA, including the 
use of a consultant to prepare background materials in support of the 
risk assessment), or account 1430.2, Consultant Fees (where the HA will 
be contracting for the professional risk assessment).
    (c) Form HUD-52825, Comprehensive Assessment/Program Budget, Part 
II--Supporting Pages. Developments proposed to be the subject of a risk 
assessment are to be identified on this form. The applicant must 
provide the name; address; project number; total number of units; 
number of units to be sampled, in accordance with the requirements set 
forth in Section I.A(3) of this NOFA and in the risk assessment 
protocol; and amount requested for each [[Page 16563]] development, 
with supporting justification, as appropriate.
    (d) Certification signed by the HA Executive Director that, at a 
minimum, the risk assessment protocol to be used will be equivalent to 
the Department's protocol.
    (e) Certification signed by the HA Executive Director that the 
proposed risk assessment will be completed within eighteen (18) months 
of the date that funds are awarded and that the HA agrees to 
participate, if requested by HUD, in a subsequent evaluation of the 
risk assessment protocol, to assess its validity for the identification 
of lead-based paint hazards and effectiveness in addressing those 
hazards.
    (f) Certification signed by the HA Executive Director that a copy 
of the completed risk assessment will be provided to the appropriate 
HUD Field Office upon completion of the assessment.
    (g) Certification that HA staff are qualified to conduct LBP risk 
assessments in accordance with the protocol, if applicable.
    (h) Certification that the HA will comply with the requirements of 
section 3 of the Housing and Urban Development Act of 1968 (12 U.S.C. 
1701u) and the implementing regulations at 24 CFR part 135.
    (i) Form HUD-50070, Certification for Drug-Free Workplace.
    (j) Certification for Contracts, Grants, Loans and Cooperative 
Agreements, required of HAs established under State law that are 
applying for grants exceeding $100,000.
    (k) SF-LLL, Disclosure of Lobbying Activities, required of HAs 
established under State law only where any funds, other than federally 
appropriated funds, will be or have been used to influence Federal 
workers or Members of Congress or their staffs regarding specific 
grants or contracts.
    (l) Form HUD-2880, Applicant/Recipient Disclosure/Update Report.

IV. Corrections to Deficient Applications

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

V. Other Matters

A. Environmental Review

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

B. Federalism Executive Order

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

C. Family Executive Order

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

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

    Disclosures. HUD will make available to the public for five years 
all applicant disclosure reports (HUD Form 2880) submitted in 
connection with this NOFA. Update reports (also Form 2880) will be made 
available along with the applicant disclosure reports, but in no case 
for a period less than 3 years. All reports--both applicant disclosures 
and updates--will be made available in accordance with the Freedom of 
Information Act (5 U.S.C. 552) and HUD's implementing regulations at 24 
CFR part 15. (See 24 CFR part 12, subpart C, and the notice published 
in the Federal Register on January 16, 1992 (57 FR 1942), for further 
information on these disclosure requirements.)
    Public notice. HUD will include recipients that receive assistance 
pursuant to this NOFA in its Federal Register notice of recipients of 
all HUD assistance awarded on a competitive basis. (See 24 CFR 
12.16(b), and the notice published in the Federal Register on January 
16, 1992 (57 FR 1942), for further information on these requirements.)

E. Section 103 of the HUD Reform Act

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

F. Section 112 of the Reform Act

    Section 13 of the Department of Housing and Urban Development Act 
(42 U.S.C. 3537b), added by section 112 of the Reform Act, contains two 
[[Page 16564]] provisions dealing with efforts to influence HUD's 
decisions with respect to financial assistance. The first imposes 
disclosure requirements on those who are typically involved in these 
efforts--those who pay others to influence the award of assistance or 
the taking of a management action by the Department and those who are 
paid to provide the influence. The second restricts the payment of fees 
to those who are paid to influence the award of HUD assistance, if the 
fees are tied to the number of housing units received or are based on 
the amount of assistance received, or if they are contingent upon the 
receipt of assistance.
    Section 13 has been implemented in 24 CFR part 86. If readers are 
involved in any efforts to influence the Department in these ways, they 
are urged to read the final rule, particularly the examples contained 
in Appendix A of that part.
    Any questions about the rule should be directed to the Office of 
Ethics, room 2158, Department of Housing and Urban Development, 451 
Seventh Street, S.W., Washington, D.C. 20410-3000. Telephone: (202) 
708-3815 (voice/TDD). (This is not a toll-free number.) Forms necessary 
for compliance with the rule may be obtained from the local HUD office.

G. Prohibition Against Lobbying Activities

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

    Authority: 42 U.S.C. 1437l and 3535(d).

    Dated: March 17, 1995.
Ronald J. Morony,
Acting Director, Office of Lead-Based Paint Abatement and Poisoning 
Prevention.
Joseph Shuldiner,
Assistant Secretary for Public and Indian Housing.
[FR Doc. 95-7833 Filed 3-29-95; 8:45 am]
BILLING CODE 4210-33-P