[Federal Register Volume 60, Number 107 (Monday, June 5, 1995)]
[Notices]
[Pages 29634-29670]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-13602]



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DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
Office of Assistant Secretary for Housing--Federal Housing Commissioner
[Docket No. N-95-3904; FR-3903-N-02]


Notice of Submission of Proposed Information Collection to OMB 
Section 811 Supportive Housing for Persons With Disabilities--
Application Submission Requirements

AGENCY: Office of Assistant Secretary for Housing--Federal Housing 
Commissioner, HUD.

ACTION: Notice of Submission of Proposed Information Collection Section 
811 Supportive Housing for Persons with Disabilities--Application 
Submission Requirements for FY 1995.

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SUMMARY: The proposed information collection requirement described 
below has been submitted to the Office of Management and Budget (OMB) 
for expedited review, as required by the Paperwork Reduction Act. The 
Department is soliciting public comments on the subject proposal.

ADDRESSES: Interested persons are invited to submit comments regarding 
this proposal. Comments must be received within seven (7) days from the 
date of this Notice. Comments should refer to the proposal by name and 
should be sent to: Joseph F. Lackey, Jr., OMB Desk Officer, Office of 
Management and Budget, New Executive Office Building, Washington, DC 
20503.

FOR FURTHER INFORMATION CONTACT:
Kay F. Weaver, Reports Management Officer, Department of Housing and 
Urban Development, 451 -- 7th Street, Southwest, Washington, DC 20410, 
telephone number (202) 708-0050. This is not a toll-free number. Copies 
of the proposed forms and other available documents submitted to OMB 
may be obtained from Ms. Weaver.

SUPPLEMENTARY INFORMATION: This Notice informs the public that the 
Department of Housing and Urban Development has submitted to OMB, for 
expedited processing, an information collection package with respect to 
the application submission requirements for the Section 811 Supportive 
Housing Program for Persons with Disabilities. HUD is requesting a 
seven-day OMB review of this information collection.

    The funds for this project development and construction assistance, 
which are capital advances and project rental assistance contracts were 
appropriated by the Departments of Veterans Affairs and Housing and 
Urban Development, and Independent Agencies Appropriations Act, 1995, 
(Pub. L. 103-327, enacted September 28, 1994).
    HUD intends to make available $154,946,000 in capital advance 
assistance which will produce approximately 2,421 units of supportive 
housing for persons with disabilities. HUD also will make available 
sufficient project rental assistance funds to help cover the project's 
operating cost. These funds will be provided to nonprofit organizations 
to expand the supply of supportive housing for persons with 
disabilities.
    This Section 811 application submission package describes the 
contents of the application package and includes the forms and other 
information an applicant needs to file an application. The Section 811 
application consists of 11 exhibits which are evaluated by HUD to 
determine (1) The applicant's eligibility to participate in the 
program; (2) the applicant's ability (financially and administratively) 
to develop and operate the proposed project: (3) the need for the 
supportive housing in the area to be served; (4) the extent to which 
the applicant has site control; (5) the suitability of the site; (6) 
the adequacy of the provision of supportive services; (7) the adequacy 
of the proposed facility; and (8) that the applicant has properly 
certified to comply with the various governmental requirements, 
Executive Orders, etc.
    The Department has submitted the proposal for the collection of 
information, as described below, to OMB for review, as required by the 
Paperwork Reduction Act (44 U.S.C. Chapter 35);
    (1) the title of the information collection proposal;
    (2) the office of the agency to collect the information;
    (3) the description of the need for the information and its 
proposed use;
    (4) the agency form number, if applicable;
    (5) what members of the public will be affected by the proposal;
    (6) how frequently information submission will be required;
    (7) an estimate of the total number of hours needed to prepare the 
information submission including the number of respondents, frequency 
of response, and hours of response;
    (8) whether the proposal is new or an extension, reinstatement, or 
revision of an information collection requirement; and
    (9) the names and telephone numbers of an agency official familiar 
with the proposal and of the OMB Desk Officer for the Department.

    [[Page 29635]] Authority: Section 3507 of the Paperwork 
Reduction Act, 44 U.S.C. 3507; Section 7(d) of the Department of 
Housing and Urban Development Act, 42 U.S.C. 3535(d).

    Dated May 24, 1995.
Nicolas P. Retsinas,
Assistant Secretary for Housing--Federal Housing Commissioner.
Notice of Submission of Proposed Information Collection to OMB

    Proposal: Section 811 Supportive Housing Program for Persons with 
Disabilities--Application Submission Requirements.
    Office: Office of Assistant Secretary for Housing--Federal Housing 
Commissioner.
    Description of the Need for the Information and its Proposed Use: 
This information collection is required in connection with the 
application submission requirements for the Section 811 Supportive 
Housing Program for Persons with Disabilities. HUD intends to make 
available $154,946,000 in capital advance assistance to expand the 
supply of supportive housing for persons with disabilities. This 
information collection describes the contents of the application 
package which is used by HUD to determine the acceptability of the 
requests for capital advance assistance.
    Form Number: HUD-92016-CA
    Respondents: Nonprofit Organizations.
    Frequency of Submission: Annually.
    Reporting Burden:

----------------------------------------------------------------------------------------------------------------
                                             Number of           Frequency of         Hours per         Burden  
                                            respondents     X      response      X    response     =     hours  
----------------------------------------------------------------------------------------------------------------
Application package.....................             400                    1              41.2          14,960 
----------------------------------------------------------------------------------------------------------------

    Total Estimated Burden Hours: 14,960.
    Status: Reinstatement with Change.
    Contact: Margaret F. Milner, HUD (202) 708-4542, Joseph F. Lackey, 
Jr., OMB (202) 395-7316.

    Dated: May 24, 1995.

Section 202  Application Submission Requirements, OMB No. 2502-0462

A. Supporting Statement

1. Need for Information
    The Section 811 program, amended by the National Affordable Housing 
Act (NAHA) of 1990 and the Housing and Community Development Act of 
1992, provides capital advances to nonprofit organizations to expand 
the supply of supportive housing for persons with disabilities. In 
order to ensure that only eligible nonprofit organizations are 
selected, it is important to obtain information from prospective 
applicants to assist HUD in determining if they have the administrative 
capacity to develop such a project and whether the project design and 
supportive services plan meet the needs of the residents. These factors 
are critical in meting statutory requirements and in protecting the 
Department's financial interest in projects funded under this program.
    In keeping with the Department's commitment to streamline the 
Section 811 application submission package, the Department met with 
representatives of Section 811 nonprofit organizations, housing 
consultants and other program staff to discuss ideas for revamping the 
Section 811 application submission package to make it less burdensome 
to Section 811 applicants without compromising the Federal Government's 
financial interest in the project.
    More recently, the Department held two working group sessions to 
identify further ways to streamline the Section 811 program and make it 
more consumer friendly. The working groups consisted of Sponsors of 
Section 811 projects and HUD staff. Additionally, the Department 
conducted a Section 811 consumer forum in which program beneficiaries, 
primarily disabled residents and potential residents, expressed their 
concerns about the quality of living in existing Section 811 projects 
and provided ideas for improving the program and projects. The 
supporting justification as contained herein reflects the results of 
the Department's meetings and telephone conversations with the private 
sector and HUD program staff.
    The Section 811 application submission package for the fund 
reservation was approved by OMB under No. 2502-0462 which expired in 
December 1994. The Department is requesting reinstatement of OMB No. 
2502-0462 to permit the Department to collect the information 
identified in this submission.
    The Department has an on-going commitment to identify ways to 
simplify the process by which the Section 811 program is administered 
(including the application submission requirements) so that is can be 
more consumer friendly. Because of this commitment, the Department 
wanted greater participation from the private sector in revising the 
program. To accomplish this, additional time was needed to arrange for 
and conduct the various working group sessions with the private sector 
and other program staff, and to evaluate the recommendations resulting 
from these sessions. As a result of this public-private effort, the 
Department was unable to make the final revisions to the application 
submission package prior to the OMB expiration date.
    Based on our previous years' experience, the Department receives 
far more applications than available resources can fund. In Fiscal Year 
(FY) 1994, the Department received 383 applications requesting some 
5,037 units of housing and could only select for funding 222 
applications for some 2,783 units of housing.
    Because the Department has continued to reduce program requirements 
at the fund reservation stage and because the program provides for 
capital advances (in lieu of loans), the Section 811 program is 
expected to attract more nonprofit organizations. It is anticipated 
that the number of applications received will exceed those received in 
FY 1994. In view of the highly competitive nature of the Section 811 
program, it is necessary to have the response comply with prescribed 
application requirements in order to form a basis for HUD's evaluation 
in selecting applications.
    The application submission requirements, summarized below, were 
developed after much consultation with the professionals in the field 
of providing housing for persons with disabilities and were intended to 
not only reduce the paperwork burden to the nonprofit applicants but to 
minimize their front-end expenditures in putting together an 
application package. This is important because only a small percentage 
of the universe of applications received ultimately are funded.
Contents of Application Package
    The contents of the Application for a Section 811 Fund Reservation 
have been reorganized and reduced from five parts and 24 exhibits to 
four parts and 11 exhibits. Included with the 11 exhibits are six 
prescribed forms; five are required and one is optional.
    There are 17 certifications in the application package. Twelve of 
the certifications have been combined into [[Page 29636]] a single 
document as a convenience to the applicant. The four components of the 
application submission package are:

Part 1--Application for Section 811 Supportive Housing--Capital Advance
Part 2--Sponsor's Ability to Develop and Operate the Proposed Project
Part 3--Need for Supportive Housing for Persons with Disabilities in 
the Area to be Served, Extent to Which Sponsor has Site Control, 
Suitability of Site, and the Design of the Project
Part 4--General Application Requirements and Certifications

    All of the required application exhibits are specifically 
identified in Section 890.265(b) of the Section 811 regulations, as 
amended.
    2. The Section 811 application submission requirements are 
necessary to assist HUD in determining an applicant's eligibility and 
capacity to develop housing for persons with disabilities consistent 
with prescribed statutory and program criteria. A thorough evaluation 
of an applicant's qualifications and capabilities is critical in 
protecting the Federal Government's financial interest and to mitigate 
any possibility of fraud, waste or mismanagement of public funds.
    The procedures for information collection requires the prospective 
applicant to submit its Section 811 application to the appropriate 
local HUD Office by the nationally established deadline date (usually 
between March and June). Local HUD Offices evaluate applications based 
on established criteria (identified in Section 890.300 of the 
regulations), rate the applications and make selection recommendations 
to Headquarters (usually by the first week of September). Applicants 
are notified of selection or nonselection generally by September 30. 
This process occurs once a year.
    The purpose and use of the four components of the application 
exhibits are briefly described below:
(a) Part 1--Application for Section 811 Supportive Housing--Capital 
Advance
    Exhibit 1: This exhibit requires applicants to submit Form HUD-
92016-CA, Request for Section 811 Fund Reservation--Summary 
Information. This is a relatively new form which replaced Form HUD-
92013, Application for Multifamily Housing Project, at the fund 
reservation stage. Form HUD-92016-CA was specifically designed to 
require the minimum information needed about the project for HUD review 
at this stage. The form identifies the applicant and its known 
development team members as well as collects basic information with 
regard to the proposed project's characteristics. It is used by HUD 
staff to obtain basic information regarding the proposed project.
(b) Part 2--Sponsor's Ability to Develop and Operate the Proposed 
Project
    Exhibit 2: This Exhibit requests the submission of organizational 
documents, IRS tax exemption ruling, and a Resolution, which also 
includes a listing of all officers and directors, concerning Conflict 
of Interest to assure that no officer or director has a financial 
interest in the project. It is important to note that not all 
applicants will have to submit all of the information asked for in this 
exhibit. Applicants who have received a Section 811 fund reservation 
within the last three funding cycles are not required to submit their 
organizational documents and IRS tax exemption rulings. Instead, these 
applicants must submit only the project numbers of their latest 
application and any modifications to these documents, if any.
    Exhibit 3: This exhibit requests narrative descriptions of the 
applicant's community ties, experience in operating rental housing 
projects and its experience with programs other than housing such as 
the provision of services. This information includes the applicant's 
experience in serving persons with disabilities and minorities. This 
information will assist HUD in determining the applicant's over-all 
previous experience and capacity to operate the proposed project over 
an extended period of time. This is consistent with the statute which 
requires applicants to be selected on, among things, their ability to 
develop and operate the proposed housing.
    In addition, the statute requires the Department to take action to 
ensure, among other things, that the supportive housing for persons 
with disabilities facilitates their access to the community at large 
and to suitable employment opportunities within such community. Also, 
the application must provide evidence of the applicant's (or designated 
service provider's) experience in providing supportive services as well 
as the extent to which State and/or local funds are available to assist 
in the provision of such supportive services. In order to assess the 
applicant's ability to carry out these statutory requirements, the 
applicant is required to submit a statement evidencing its ties to the 
community, including the disabled community and minorities, in which 
the proposed project is to be built as well as a statement regarding 
its purposes and activities.
    Under this part, the applicant also submits a narrative description 
of its contracting experience with minority and women-owned businesses 
pursuant to Executive Orders 11625, 12432 and 12138, as well as its 
efforts to involve persons with disabilities, in the development of the 
application and its intent to involve such persons in the development 
of the project.
    Included in this exhibit is a certified Resolution from the 
applicant's Board acknowledging its responsibilities of sponsorship and 
long-term support of the project, along with its willingness to fund 
the minimum capital investment, estimated start-up expenses, and the 
cost of any amenities or features that cannot be covered by the capital 
advance.
    It is important to note that many applicants will experience some 
relief of paperwork burden in preparing this exhibit because applicants 
that have participated in prior funding competitions will be able to 
utilize information and exhibits from previously prepared applications. 
Some examples include information regarding previous experience in the 
provision of housing and services, supportive services plan, community 
ties, and experience serving minorities.
(c) Part 3--Need for Supportive Housing for Persons With Disabilities 
in the Area To Be Served, Extent to Which Sponsor Has Site Control, 
Suitability of Site and the Design of the Project
    Exhibit 4: This exhibit requires the applicant to (1) Identify the 
proposed population and evidence demonstrating demand for the project; 
(2) describe the project, including the building design and whether or 
not the design will promote energy efficiency, (3) submit a supportive 
services plan describing the supportive services needs, the manner in 
which the services will be delivered, sources of funds to cover the 
cost of services with a certification from the local entity that the 
services are well designed; (4) justify any request to exceed the 
project size limits; (5) provide information about the proposed site 
(including environmental condition of the site) with evidence of site 
control or at least identification of a site and proper zoning; and (6) 
submit a copy of Form HUD-92013E, Supplemental Application Processing 
Form (OMB 2502-0232) showing the services to be provided.
    Information relative to the need for the housing, proposed 
residents, supportive services, and project design is necessary to 
determine (1) Whether [[Page 29637]] the applicant is proposing to 
serve an eligible population, whether the applicant accurately assessed 
the needs of the proposed residents, if the plan for the provision of 
services is sufficient and will meet the needs of the residents since 
supportive services are critical to the success of projects for the 
disabled; and (2) that a project of the type proposed will accommodate 
the needs of the disabled residents, will be compatible with and 
integrated into the surrounding neighborhood, is marketable, and that 
any increased number of persons to be served (above the administrative 
limitations) is necessary for the economic feasibility of the project.
    Information relative to the site is evaluated to determine that the 
site is acceptable from an environmental and locational standpoint for 
the intended use and that the applicant has control of the site or has 
identified a site for which it feels it can gain control of within six 
months from the fund reservation, if selected. It also is reviewed to 
assure that proper zoning can be obtained. For sites identified but not 
under the applicant's control, the applicant provides a narrative 
description of the location and surrounding area which will assist HUD 
in determining the suitability of the site before the applicant 
purchases it.
    Also, if an applicant proposes to develop and operate a group home 
to be licensed as an Intermediate Care Facility for persons with 
disabilities, then the applicant must provide additional information 
regarding its commitment for Medicaid funding along with a commitment 
that the State agency accepts responsibility to pay the tenant's 
contribution towards rent in the Medicaid payment. HUD reviews this 
information to assure that the group home (considering both services 
and building design) will operate as a housing facility rather than be 
medical in nature and that the residents will be enrolled in a 
structured program outside the home for a period of time.
    Information with respect to the promotion of an agency efficient 
building design will be used to assist HUD in determining compliance 
with the energy efficiency standards in accordance with Section 109 of 
NAHA.
    The information required under this exhibit is in accordance with 
Section 811 of the NAHA.
(d) Part 4--General Application Requirements and Certifications
    Exhibit 5: To assist HUD in determining if the applicant is over-
committed, the applicant submits for HUD's review a list of all Section 
202 and Section 811 applications submitted for the current fiscal year 
funding round, and a list of projects previously funded which have not 
finally closed. This is information that an applicant that participated 
in a prior year can easily update, if necessary, and resubmit for the 
current year.
    Exhibit 6: Form HUD-2880, Applicant/Recipient Disclosure/Update 
Report (OMB No. 2525-0101), is required by Section 102 of the HUD 
Reform Act of 1989. The applicant uses this form to disclose any other 
government assistance that may be provided in connection with the 
proposed project as well as to report its Social Security Numbers or 
Employee Identification Numbers. This information assists HUD to ensure 
that the applicant does not receive more assistance than is necessary 
to develop and operate the proposed project.
    Exhibit 7: This exhibit is a certification, to be completed by the 
Section 202 applicant, that the application was submitted to the State 
for its review or that the State was contacted and it was determined 
that a State review was not required. This certification is required by 
OMB in accordance with Executive Order 12372.
    Exhibit 8: This is a Guide Form, titled Project Data on Occupancy, 
Displacement and Real Property Acquisition (Form HUD-40087), and its 
use is optional. An applicant, at its option, may use the form to 
report information relative to the acquisition of property and the 
relocation or displacement of occupants in cases where the applicant 
proposes to acquire property which is occupied. This information is 
consistent with the requirements of the Uniform Relocation Assistance 
and Real Property Acquisition Act of 1970, as amended.
    In granting the previous approval to collect information under 
2502-0462, OMB conditioned the approval on the correction of certain 
forms, one, of which, was Form HUD-40087. OMB specified that the 
Department must accurately reflect the burden in the disclosure 
statement. This form is exempt from the burden disclosure requirements 
because it is only a ``guide'' form to be used at the option of the 
applicant. It is only included in the application package as a 
convenience to the applicant. The applicant is not required to submit 
this form. The information regarding any relocation activities may be 
submitted in narrative form.
    Exhibit 9: Information requested on Form SF-424, Application for 
Federal Assistance (OMB No. 0348-0043), serves a dual purpose. Pursuant 
to Executive Order 12372, the applicant submits this form to the State 
which is used by the State to initiate the intergovernmental review 
process. The applicant also uses the form to certify that it is not 
delinquent on any Federal debt which is an OMB requirement.
    Exhibit 10. The applicant provides the Form SF-LLL, Disclosure of 
Lobbying Activities (OMB No. 0348-0046), to indicate if other than 
federally appropriated funds have been or will be used to lobby the 
Executive or Legislative branches of the Federal Government pursuant to 
Title 31 U.S.C., Section 1352.
    Exhibit 11. This exhibit represents the consolidation of the 
following 12 certifications into a single document, thereby requiring 
one signature for all. These certifications are required by 
governmental actions, Executive Orders, etc. and are used to review the 
applicant's intent to comply with the (1) Civil Rights, Fair Housing 
and Equal Opportunity laws; (2) Drug-Free Workplace Act; (3) HUD's 
design and cost standards including the Uniform Federal Accessibility 
Standards and Section 504 of the Rehabilitation Act of 1973; (4) 
acquisition and relocation requirements of the Uniform Relocation 
Assistance and Real Property Acquisition Policies Act of 1970, as 
amended; (5) requirement to form an Owner after issuance of the capital 
advance; (6) requirements of the Lead-Based Poisoning Prevention Act; 
(7) Davis-Bacon Act Provisions; (8) requirement that the project be 
consistent with the Consolidated Plan for the appropriate jurisdiction; 
(9) Flood Disaster Protection Act of 1973; (10) National Environmental 
Policy Act; (11) Anti-Lobbying Prohibition; and (12) requirement 
regarding the truth and accuracy of the information contained in the 
application.
    Included in this exhibit also is a guide format for use by the 
public official responsible for developing the Consolidated Plan to 
indicate whether or not the proposed activities are consistent with the 
Consolidated Plan or the previous year's Comprehensive Housing 
Affordability Strategy (CHAS) if the Consolidated Plan has not yet 
started.
    In the absence of collecting the above information, the Department 
would not be able to assess the worthiness of the applications, 
determine whether the facilities and services meet statutory and 
regulatory requirements, or make sound judgments regarding the 
potential risk to the Government.
    3. Each fiscal year (near the beginning of the funding cycle), HUD 
issues a Notice pertaining to application [[Page 29638]] submission 
requirements. During this process, the Department reevaluates the 
application submission requirements to identify ways to reduce the 
burden to the applicants. Because the Section 811 program had changed 
drastically when it was converted to a capital advance program, the 
Department made major revisions to the application package at that 
time. More recently, in response to feedback from the professionals in 
the field of developing Section 811 housing, the Department made 
further major changes to streamline the program. This has resulted in 
less paperwork for the applicants. Therefore, in revising the 
application package, consideration was given to modifying it to require 
the minimum of information needed by HUD to conduct the program in 
accordance with the NAHA, statutory and regulatory requirements and, at 
the same time, to establish a selection system which is equitable to 
all participants.
    The information described under Item 2 above represents the minimum 
information acceptable to HUD. Further, as mentioned in Item No. 2 
above, many applicants will experience a tremendous relief from 
paperwork burden because they will not have to spend time preparing 
``new'' information to complete an exhibit. In some cases, those 
applicants that have participated in this program in the past will be 
able to utilize previously submitted information.
    4. No duplication exists, as there are no other forms or exhibits 
used for the purposes specified under Item 2 herein. Individual 
applications are evaluated and rated by HUD on the merits of the 
responses submitted with the application. Each application is unique. 
The information contained in each application relates to a particular 
applicant proposing a specific project, design, site, etc., and, as 
such, the information collected from applicants will be significantly 
different per application.
    Also, the Department implemented a new requirement which relieves a 
previously funded applicant of the burden of submitting certain 
documents (e.g., the organization's Articles of Incorporation, By-Laws 
and IRS tax exemption ruling). Further, since FY 1991 when the program 
was converted to a capital advance program, HUD has been reviewing and 
modifying the application submission requirements to assure that only 
necessary information is being requested of applicants. HUD has taken 
into consideration suggestions made by the private sector in modifying 
the application submission requirements.
    5. Due to the highly competitive nature of the Section 811 program, 
the application submission requirements were developed in a way to 
minimize the front-end cost to the nonprofit applicant and only require 
the minimum amount of information needed in HUD's evaluation. This is 
important due to the fact that only a small percentage of the universe 
of applications received ultimately get selected. For example, although 
applicants may still obtain the services of a housing consultant, 
information on the consultant is no longer required to be submitted at 
this stage. HUD review and approval of the consultant will be done at a 
later stage and only for those projects which are ultimately selected 
for funding.
    Also, eliminated at the fund reservation stage is the submission of 
Form HUD-92530, regarding the applicant's previous participation in HUD 
programs and Form HUD-92013 Supplement, Supplement to Application for 
Multifamily Housing Project. The submission and review of these forms 
have been deferred to a subsequent processing stage. Applicants no 
longer have to submit sketches of the site plans which included typical 
unit and floor plans, making it unnecessary for an applicant to have to 
obtain input from an architect at this stage. Other major documents 
recently eliminated at this stage are the applicant's financial 
statements and a narrative description of the applicant's financial 
history. The elimination of these documents will result in a tremendous 
relief of paperwork burden to small and minority applicants.
    The Department has consolidated several of the certification forms 
into a single document for the applicant's convenience.
    Also, the Department has prepared sample Application Packages which 
include all the required forms and materials necessary to put together 
an Application Package. The sample Application Packages will be made 
available to all applicants well in advance of the deadline date for 
submission of applications.
    Local HUD Offices are required to conduct workshops to provide 
needed guidance to applicants in preparing the application packages. In 
an effort to assist the small sponsoring organizations as well as 
first-time applicants, HUD staff also conducts pre-workshops especially 
designed for them.
    In addition to the above, HUD recognizes that some applicants, who 
are sincerely interested in providing housing, may lack the staff and 
other resources to develop such a project. Therefore, in recognition of 
the need for these applicants to use the services of professional 
housing consultants, HUD permits a reasonable fee for consultant's 
services to be included in the Section 811 capital advance. The 
consultant may assist the applicant in preparing the Application 
Package to request a Section 811 Capital Advance and throughout the 
final development of the project should the applicant be selected for 
funding.
    6. Currently, the information collection activities occur annually 
to coincide with the receipt of annual fiscal year appropriations for 
the program. Each year, Congress appropriates funds with which to 
select new applications. HUD, in turn, invites applications and makes 
selections based on the funds available for the year. These funds are 
normally exhausted at the end of each fiscal year. The Section 811 
regulations require HUD to publish a Notice of Fund Availability (NOFA) 
in the Federal Register when such funds are made available by Congress. 
The regulations also require HUD to specify a deadline date for receipt 
of applications. In order for HUD to accept an application, the 
application must have been submitted in response to a specific NOFA and 
Invitation requesting such an application and by the closing date 
stated in the Invitation. As the funding cycle for the program occurs 
annually, including the Invitations for Applications, it is not 
possible to require the submission of this information less frequently.
    7. Part 5 CFR 1320.6 lists 10 items that OMB will not approve for 
information collection, unless it can be demonstrated that the 
collection of information is necessary to satisfy statutory 
requirements or other substantial need.
    This request for information is consistent with the guidelines 
under 5 CFR 1320.6 with the exception of one item. Subparagraph (c) of 
the above CFR indicates OMB's disapproval of requiring respondents to 
submit more than an original and two copies of any document. HUD 
requires applicants to submit an original and four copies of the 
Section 811 Application. The changes to the application submission 
requirement resulted in a better organized Application Package. As the 
program is administered on an annual basis, processing of the 
application must be accomplished in an expeditious manner in order that 
decisions regarding selections of applications and reservations of 
funds can be made prior to the end of the fiscal year (September 
30). [[Page 29639]] 
    During the course of processing the applications, eight HUD 
technical disciplines are involved in the review process: staff from 
Valuation, Architectural and Engineering, Housing Management, Fair 
Housing and Equal Opportunity, Economic and Market Analysis, Community 
Planning and Development, the Multifamily Housing Representative and 
the Office Counsel. These HUD staff members are required to comment on 
the approvability of each application received.
    Because of the (1) Various HUD staff involved in the review 
process, (2) tremendous volume of applications received each fiscal 
year, and (3) the commitment to obligate funds by the fiscal year-end, 
HUD requires concurrent reviews of the applications by the 
aforementioned HUD staff to assure prompt processing with minimum 
interruption. For example, additional information or clarification is 
often needed from applicants to permit HUD to make a fair and complete 
review. The requirement for simultaneous reviews promotes a more 
efficient, time-saving method to provide applicants a single 
notification regarding all deficiencies noted as a result of a full 
review from each HUD technical discipline.
    HUD needs more than an original and two copies of the application 
in order to carry out the above procedures for concurrent reviews.
    8. This OMB request is the result of on-going telephone 
conversations, meetings and workshops HUD staff recently held with 
Section 811 nonprofit Sponsors, housing consultants, disabled residents 
and potential residents, and other interested HUD program staff. The 
Department consulted with various housing professionals representing 
the types of Sponsors that generally participate in the Section 811 
program; i.e., minority organizations, small organizations and 
nonminority organizations. Following is a list of some of the housing 
professionals (Housing Consultants and Section 811 Sponsors) that HUD 
consulted with by telephone, meetings and/or workshop sessions:

Judy Ponds, Housing Services, 1234--4th Street, SW, Washington, DC 
20024, (202) 488-1639
Nick Smyrnis, AHEPA Management Corp., 7202 N. Shadeland Ave., 
Indianapolis, IN, (317) 845-3410
Sam Simmons, National Center on Black Aged, 1424 K Street, NW, Suite 
500, Washington, DC 20005 (202) 637-8400
Mark Olshan, B'nai B'rith, 1640 Rhode Island Avenue, NW, Washington, DC 
20036, (202) 857-6580
Alan Patricio, P.O. Box 53274, Atlanta, GA 30355, (404) 237-9877
Joe Howell, 815--15th Street, NW, Washington, DC 20005, (202) 393-3044
Randy Speaker, Bank IV Towers, 534 Kansas Avenue, Suite 910, Topeka, KS 
66603, (913) 232-8338
Jane Graf, Mercy Charities Housing, 1028A Howard Street, San Francisco, 
CA 94103, (415) 487-6825
Harrison Joseph, Nat'l Baptist Convention, 338 Washington Street, 
Newark, OH 43005, (614) 258-7998
Tom Slemmer, Nat'l Church Residences, 2335 N. Bank Drive, (614) 451-
2151
Don Redfoot, American Assn. for Retired Persons, 601 E Street, NW, 
Washington, DC 20049, (202) 434-2277
Jose Fabregas, CODEC, Inc., 300 SW 12th St., Suite A, Miami, FL 33130, 
(305) 642-1361

    Additionally, inasmuch as this OMB request is submitted in 
accordance with 24 CFR 890.265, as amended, the promulgation procedure 
for regulations allows sufficient participation by outside agency 
contacts to review and comment on the application materials.
    9. HUD does not assure confidentiality.
    10. The application submission requirements do not contain any 
sensitive questions.
    11. Provide estimates of annualized cost to the Federal Government 
and to the respondents.
    (a) Estimate of Cost to Federal Government: Inasmuch as the 
majority of the work involved in reviewing the applications is 
performed at the local HUD Office level, the significant costs 
attributable to the promulgation of the application requirements will 
be the cost involved in reviewing the information submitted by 
applicants. Outstanding program procedures require the following 
reviews performed by the various local HUD Office staff. The cost to 
the Federal Government is based on an average salary at the GS-12 
level, except for the Office Counsel and the Clerical Assistant which 
is at the GS-14 and GS-7 levels, respectively. Also, included is the 
cost associated with the preparation and printing of the HUD 
Application Package for use by the applicants in putting together their 
individual Application Packages.

Reviews

------------------------------------------------------------------------
                                  Total time                            
                                      per                               
           HUD staff              application  Hourly rate      Total   
                                    (hours)                             
------------------------------------------------------------------------
Multifamily housing                                                     
 representative................           3            $22         $66  
Architectural..................           1             22          22  
Valuation......................           3             22          66  
Economic and market analysis...           1             22          22  
Fair housing and equal                                                  
 opportunity...................           1             22          22  
Housing management.............           1             22          22  
Community planning and                                                  
 development...................           1             22          22  
Field office counsel...........           3             31          93  
Clerical assistant.............           0.5           13           6.5
                                ----------------------------------------
      Total staff time--per                                             
       application.............          14.5  ...........         341.5
      Total annual number of                                            
       responses...............  ............  ...........     * x 400  
                                ----------------------------------------
      Total annual staff time                                           
       cost to government......  ............  ...........     136,600  
Other Cost for All                                                      
 Applications:                                                          
    Printing/reproducing HUD                                            
     application package (400                                           
     copies)...................  ............  ...........         500  
    Postage (400 copies  x                                              
     $3.00)....................  ............  ...........       1,200  
    Multifamily clearinghouse                                           
     (mailing services)........  ............  ...........     **5,000  
                                ----------------------------------------
      Total other cost.........  ............  ...........       6,700  
      Total estimated annual                                            
       cost to government......  ............  ...........     143,300  
------------------------------------------------------------------------
*See Item 12 below for an explanation.                                  
**The Department now utilizes the services of a Multifamily             
  Clearinghouse to maintain a national mailing list for Section 811     
  Applications and to mail out the applications. Most applicants will   
  receive their packages through the mail. However, some applicants will
  be handed copies of the Application Packages at the HUD-held          
  workshops.                                                            

     [[Page 29640]] (b) Estimate of Cost to Respondents: In estimating 
the cost to the applicants, it should be noted that in order to comply 
with the revised program requirements, the applicant may retain an 
attorney. In addition, as many nonprofit organizations do not have in-
house expertise or staff to develop an application, a housing 
consultant is usually hired by the applicant. The applicant is a 
nonprofit organization and as such provides its services at no cost. In 
view of this, the following illustrates the estimated cost to the 
public:

Housing consultant ($40 per hour)............................     $1,076
Applicant (sponsor)..........................................       (**)
Attorney.....................................................      1,000
                                                              ----------
      Total cost per respondent..............................     $2,076
      Total annual number of responses.......................    * x 400
                                                              ----------
      Total estimated annual cost for all applicants.........   830,400 
                                                                        
*See Item 12 below for an explanation.                                  
**Probono.                                                              

    This reflects a slight decrease in the cost per applicant from the 
previous OMB submission. Beginning this year, the Department is 
requiring the applicant to include as part of Exhibit 4 information 
about the environmental condition of the proposed site. An adjustment 
was made to take into consideration the additional time and cost that 
will be incurred by the applicant to inspect the proposed site for this 
purpose. Also, an adjustment was made to the burden hour time 
associated with Form HUD-92013E, Supplemental Application Processing 
Form--Housing for the Elderly, to comply with OMB's conditions for 
approval. However, these adjustments (increases) are offset by the 
reduction of burden hour time associated with the elimination of the 
financial documents.
    It should be noted that many professionals work on a retainer basis 
and if the application does not obtain HUD approval, they do not 
collect a fee. The figures presented above are based on our own 
experience, as well as consultation with housing professionals in the 
field of housing persons with disabilities.
    12. Although for Fiscal Year 1994 HUD received 383 Section 811 
applications, it is anticipated that because the Department has further 
simplified the application submission requirements coupled with the 
fact that the program provides capital advances in lieu of loans, the 
number of applicants will slightly increase beyond the Fiscal Year 1994 
level. It is anticipated that the level of activity will average 400 
applications annually over the next three years. Although the program 
funding cycle is on an annual basis, each prospective applicant could 
submit more than one application. However, our estimate of time 
involved is based on one application per applicant.
    To assist the applicant in putting together an Application for a 
Fund Reservation, the Department developed an Application Package 
consisting of the information, forms and materials needed by the 
applicant to assemble an application. The HUD Application Package, 
which will be made available to all applicants, is expected to aid in 
reducing the applicant's and housing consultant's time and effort in 
putting together an application.
    Given the above and using the categories presented in the 
illustration in Item 11(b) above, the estimated amount of hours 
involved in developing a complete application submission is as follows:

------------------------------------------------------------------------
                                                                  Hours 
------------------------------------------------------------------------
Housing consultant............................................      26.9
Attorney......................................................       2.0
Applicant (sponsor)...........................................      12.3
                                                               ---------
      Total...................................................      41.2
------------------------------------------------------------------------

    These figures are based on HUD's experience, as well as 
consultation with housing professionals in the field of housing persons 
with disabilities.
    This reflects a decrease of 4 hours from the previous OMB 
submission (from 45.2 to 41.2 hours). This represents the net result of 
adjusting the burden time associated with Form HUD-92013E, the exhibit 
regarding project information to include an environmental review of the 
site by the applicant and the elimination of the applicant's financial 
documents.
    A Tabulation of Annual Reporting Burden is shown in Table 1. It 
should be noted that Exhibits 4, 6, 9 and 10 already have OMB 
clearances as shown in the Table. These information collections are 
common to many of our programs and our request for clearance was 
calculated to include the burden associated for all program uses. The 
burden shown in Table 1 for Exhibits 4, 6, 9 and 10, therefore, 
reflects our estimate applicable to the Section 811 program. No 
adjustment to the previously cleared Exhibits 4, 6, 9 and 10 is 
required.
    13. The primary reason for the increase of 1,160 in the total 
burden hours (from 13,800 to 14,960) is due to a projected increase in 
the total number of applicants expected to submit applications this 
fiscal year (from 350 to 400). Also, an adjustment was to reduce the 
applicant's burden time associated with the submission of financial 
documents since this requirement has been eliminated. A minor 
adjustment to the time reported for preparing Exhibit 4 was made to 
include additional time an applicant will need to perform an 
environmental inspection of the proposed site. In the past, most 
applicants would generally inspect the site to determine its 
acceptability for developing a project for persons with disabilities, 
which included inspecting it for potential environmental problems. 
However, because the Department is specifically requiring that an 
environmental inspection be performed, we have adjusted the applicant's 
burden time to include this function. Further, an adjustment was made 
to Form HUD-92013E to provide for the 8 hour burden time as reported in 
the disclosure statement on the form. Although there is a modest 
increase in the total burden hours for all applicants, the net effect 
of the above adjustments (which includes the reduction of time 
associated with the elimination of the financial documents) resulted in 
a slight reduction in the burden time per applicant.
    15. Not applicable.

B. Collections of Information Employing Statistical Methods

    Not applicable.

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[FR Doc. 95-13602 Filed 6-2-95; 8:45 am]
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