[Federal Register Volume 60, Number 189 (Friday, September 29, 1995)]
[Notices]
[Pages 50694-50697]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-24200]




[[Page 50693]]

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Part V





Department of Housing and Urban Development





_______________________________________________________________________



Historically Black Colleges and Universities Program; Funding 
Availability for FY 1995; Notice

  Federal Register / Vol. 60, No. 189 / Friday, September 29, 1995 / 
Notices  

[[Page 50694]]


DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

Office of the Assistant Secretary for Community Planning and 
Development
[Docket No. FR-3945-N-01]


Notice of Funding Availability for FY 1995 Historically Black 
Colleges and Universities Program

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

ACTION: Notice of funding availability (NOFA) for fiscal year (FY) 
1995.

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SUMMARY: This NOFA announces up to $1.5 million of FY 1995 funding for 
Historically Black Colleges and Universities (HBCU) to undertake 
jointly funded Community Development Block Grant (CDBG) projects with 
units of general local government. In the body of this document is 
information concerning the following:
    a. information regarding the purpose of the NOFA and available 
funds, objectives, eligibility and selection criteria; and
    b. Application processing, including how, where and when to apply 
and how selections will be made.

DATES: No applications will be accepted after 4:30 pm on November 28, 
1995. This application deadline is firm as to date and hour. In the 
interest of fairness to all competing 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. Applications may not be submitted by facsimile (FAX).

ADDRESSES: For an application kit contact: Processing and Control 
Branch, Office of Community Planning and Development, Department of 
Housing and Urban Development, 451 7th Street SW, Room 7255, 
Washington, DC, 20410-3500. ATTN: HBCU Program. Requests must be in 
writing and may be sent to this address or may be made by facsimile 
machine to the following number: (202) 708-3363. The TDD number for the 
hearing impaired is (202) 708-2565. (This is not a toll-free number.) 
When requesting an application kit, please refer to document FR-  , and 
provide your name, address (including zip code), and telephone number 
(including area code). Requests for HBCU application packages should be 
made immediately. HUD will distribute application packages as soon as 
they become available.
    Application Submission: An original and three copies of the 
completed application should be submitted to the following address: 
Processing and Control Branch, Office of Community Planning and 
Development, Department of Housing and Urban Development, 451 7th 
Street SW, Room 7255, Washington, DC, 20410-3500. ATTN: HBCU Program.

FOR FURTHER INFORMATION CONTACT: Dr. James Turk, Office of Technical 
Assistance, Department of Housing and Urban Development, 451 7th Street 
SW, Room 7253, Washington, DC 20410. Telephone Number: (202) 708-3176. 
The TDD number for the hearing impaired is (202) 708-2565. (These are 
not toll-free numbers.)

SUPPLEMENTARY INFORMATION:

Paperwork Reduction Act Statement

    The information collection requirements contained in this notice 
have been approved by the Office of Management and Budget (OMB) for 
review under the Paperwork Reduction Act of 1980 (44 U.S.C. 3501-3520). 
The control number for information described in this document is 2506-
0122.

I. Purpose and Substantive Description

    Funding is being made available under this NOFA to assist HBCUs in 
forming partnerships with units of general local governments to conduct 
joint program efforts. These partners will undertake joint projects to 
establish multiple use community services facilities on HBCU campuses 
that will benefit low-income and subsidized housing residents, senior 
citizens, and the HBCUs.

A. Authority

    This program is authorized under section 107(b)(3) of the Housing 
and Community Development Act of 1974 (the 1974 Act), which was added 
by section 105 of the HUD Reform Act of 1989. The program is governed 
by regulations contained in 24 CFR 570.201 through 207, 24 CFR 570.400, 
570.404 and 24 CFR part 570, subparts A, C, J, K, and O.

B. Allocation Amounts and Form

    The Departments of Veterans Affairs and Housing and Urban 
Development, and Independent Agencies Appropriations Act 1995, 
(approved September 28, 1994, Pub. L. 103-327), (95 App. Act) 
appropriated $44,000,000 for special purpose grants pursuant to section 
107 of the Housing and Community Development Act of 1974. This notice 
announces HUD's intention to award up to $1.5 million from these FY 95 
funds for partnership projects between units of local government and 
HBCUs. The maximum amount awarded to any applicant will be $500,000. 
The awards will be made in the form of grants.

C. Eligibility

    1. Eligible Applicants. Only HBCUs as determined by the Department 
of Education in 34 CFR 608.2 in accordance with that Department's 
responsibilities under Executive Order 12677, dated April 28, 1989, are 
eligible to submit applications.
    2. Eligible Activities. Funds are being made available under this 
NOFA for HBCUs and units of general local government to undertake 
jointly-funded projects to establish multiple use community services 
facilities. Examples of such facilities include Counseling and Skills 
Development Centers, Cultural Art Centers, and Elderly Housing Centers 
to provide activities such as: Adult basic education classes; GED 
preparation and testing; job and career counseling and assessment; job 
readiness and placement assistance; cultural and recreational 
activities that include dancing lessons, art classes and other support 
activities for youth, senior citizens and other low and moderate income 
residents; day care services; and social and medical services.
    Activities under this NOFA must not be inconsistent with the 
locality's community development plan or program, or its HUD-approved 
consolidated plan in accordance with 24 CFR Part 91. For the purposes 
of this program, the term ``locality'' includes any city, local 
government, county, town, township, parish, village, or other unit of 
general local government of a State within which an HBCU is located. An 
HBCU located in a metropolitan statistical area (MSA), as established 
by the Office of Management and Budget, may consider its locality to be 
one or more of these entities within the entire MSA. The nature of the 
locality for each HBCU may, therefore, differ depending on its 
location.
    Those applicants planning to use funds for the provision of public 
services are bound by the statutory requirement that not more than 15% 
of the total grant amount be used for public service activities.
    3. Environmental Review. If the applicant proposes activities 
involving rehabilitation of structures or construction of buildings, an 
environmental review is required and 

[[Page 50695]]
the proposed project must pass an environmental review in accordance 
with 24 CFR part 50. If the requirements of part 50 are not met, HUD 
reserves the right to terminate all or portions of the award. The 
grantee is not authorized to proceed with any activity requiring such 
approval until written approval is received from the HUD environmental 
office in your area certifying that the project has been approved.
    In accordance with the Coastal Barrier Resources Act (16 U.S.C. 
3601), HUD will not approve applications for any activities that would 
be located or carried out in the Coastal Barrier Resources System.

D. Selection Criteria/Ranking Factors

    An applicant must demonstrate that it meets the objectives of this 
HBCU program by scoring at least 12 of the possible 20 points on 
ranking factor 1 (addressing the objectives) in order to qualify for 
funding. Applicants must also receive a minimum score of 70 out of the 
total of 105 points to be considered eligible for funding. Activities 
which are not eligible for funding under this program (see 24 CFR 
570.207) will not be funded. If more than 50 percent of the amount 
requested in the application is for ineligible activities, the 
application will not be funded.
    Applications for funding under this Notice will be evaluated 
competitively, and awarded points based on the factors identified 
below. The Department will rank the applications in descending order 
according to score. Applications meeting the minimum threshold 
requirements will be funded in rank order, until all available funds 
have been obligated, or until there are no acceptable applications.
    Negotiations. After all applications have been rated and ranked and 
a determination of successful applicants has been made, HUD requires 
that all successful applicants participate in negotiations to determine 
the specific terms of the Statement of Work and grant budget. In cases 
where HUD cannot successfully conclude negotiations, awards will not be 
made. In such instances, HUD may elect to offer an award (in an amount 
not to exceed the amount of remaining funds available for the 
competition) to the next highest ranking applicant and proceed with 
negotiations as described above.
    Match. The Department will accept only those applications which 
demonstrate that the HBCU and unit of government have both agreed to 
contribute matching funds to undertake a joint project on the HBCU 
campus. Each HBCU applying under this competition must include a letter 
from the Chief Executive Officer of the participating unit of 
government certifying that it has formed a partnership with the HBCU to 
undertake a jointly funded CDBG project using both the HBCU funds of 
this award and local funds to conduct projects on HBCU campuses. The 
letter from the unit of local government must certify that they are 
contributing local funds. Matching funds may be in the form of local 
Community Development Block Grant Funds.
    Rating Factors. The factors set forth below will be used by the 
Department to evaluate applications. Each application must contain 
sufficient information to be reviewed for its merits. The score of each 
factor will be based on the qualitative and quantitative aspects 
demonstrated for each factor in an application. The factors, and the 
maximum number of points for each factor (out of a total of 105 points, 
which includes up to 5 bonus points), are as follows:
    1. Addressing the Objectives. (maximum points: 20)
    The extent to which the applicant addresses the objectives of this 
program is examined by this factor. Applicants must address objective 
i.A., below, by demonstrating how the proposed joint activities between 
them and the unit of government will expand the role of the HBCU in 
meeting local community economic development and/or housing needs while 
furthering HUD's priorities identified in objective i.B., below.
    i. The objectives of this program are:
    A. To help HBCUs in undertaking joint activities between them and 
the unit of local government to establish multiple use community 
services facilities on HBCU campuses that will benefit low-income and 
subsidized housing residents, senior citizens, and the HBCU, consistent 
with the purposes of title I of the Housing and Community Development 
Act of 1974; and
    B. To help HBCUs through joint projects with units of government 
address the needs of their localities in supporting the following HUD 
values:
    * A Commitment to Community;
    * A Commitment to Support Families;
    * A Commitment to Economic Lift;
    * A Commitment to Reciprocity and to Balancing Individual Rights 
and Responsibilities.
    * A Commitment to Reducing the Separations by Race and Income in 
American Life.
    ii. In rating this factor, the Department will consider:
    A. The extent to which the applicant demonstrates that the proposed 
joint activities to be carried out in the multiple use community 
services facilities to be established on HBCU campuses with units of 
government will expand its role and effectiveness in addressing 
community development needs in its locality(ies), in accordance with 
objective i.A., above;
    B. The extent to which the applicant demonstrates that the proposed 
joint activities will further one or more of the (5) HUD values 
specified in objective i.B., above;
    C. The extent to which the applicant demonstrates that it will 
provide 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.
    2. Substantial Impact in Achieving Objectives. (maximum points: 25)
    The extent to which the applicant demonstrates that the proposed 
jointly-funded activities to be carried out in the multiple use 
community facilities would have a substantial impact in achieving the 
overall objectives of this NOFA. In rating this factor the Department 
will consider:
    a. The extent to which the applicant demonstrates how the proposed 
joint activities to be carried out will address needs that were 
identified as high priorities in each locality's HUD-approved 
Consolidated Plan in accordance with 24 CFR part 91.
    b. The extent to which the applicant demonstrates how the proposed 
joint activities to be carried out in the multiple use community 
facilities will impact the low income and elderly residents of the 
community which the HBCU serves; the applicant should cite specific 
impacts anticipated.
    3. Special Needs of Applicant or Locality. (maximum points: 10)
    This factor examines the extent to which the applicant demonstrates 
that the jointly funded activities, to be carried out in the multiple 
use community services facilities being proposed by the HBCU and the 
unit of local government, address special needs of the applicant or the 
locality. In rating this factor, HUD will consider the degree to which 
the applicant identifies specific groups or neighborhoods to be served, 
and how the facilities will meet the identified needs of those groups 
or neighborhoods. More points will be given to applications which 
target assistance to public housing residents and the elderly.

[[Page 50696]]

    4. Technical and Financial Feasibility and Match. (maximum points: 
25)
    This factor examines the extent to which the applicant demonstrates 
the technical and financial feasibility of achieving the objectives, 
the local support by the unit of government for the activities proposed 
to be carried out in the locality, and the required matching funds 
proposed to be provided from sources other than the applicant. In 
rating this factor, the Department will consider:
    a. The extent to which the applicant demonstrates the technical 
feasibility of achieving the objectives within the program period 
proposed;
    b. The extent to which the applicant demonstrates the financial 
feasibility of, and local support by the participating unit of 
government for, the activities to be carried out in the locality, as 
evidenced by the commitment, from sources other than the applicant, of 
matching funds, staffing, services, or other in-kind resources.
    5. Capacity. (maximum points: 20)
    This factor examines the extent to which the applicant demonstrates 
the capacity to carry out satisfactorily the proposed activities in a 
timely fashion, including consideration of satisfactory performance in 
carrying out any previous HUD-assisted projects or activities. In 
rating this factor, the Department will consider:
    i. The extent to which the applicant's proposedmanagement plan:
    A. Clearly delineates staff responsibilities of the HBCU and local 
government partners and accountability for all work required;
    B. Presents a Statement of Work with a clear and feasible schedule 
for conducting all project tasks; and
    C. Presents a reasonable and adequate budget as reflected in the 
budget-by-task and supporting justification for the budget. The budget 
should identify matching dollars and/or in-kind service contributions 
that have been equated to dollars. The budget should break these out to 
indicate match versus HUD funds.
    ii. The extent to which the applicant demonstrates the recent and 
relevant work experience of the staff proposed to undertake the 
activities described in the Statement of Work.
    iii. The extent to which the applicant can demonstrate that its 
past and current projects funded by HUD and/or other Federal or private 
sector sources are or have been completed on schedule and have met or 
are meeting goals established for addressing local needs.
    iv. The extent to which the applicant demonstrates the proposed 
program manager's capacity, background and experience to carry out the 
proposed activities in a satisfactory and timely fashion, as evidenced 
by recent work experience in managing projects of the same or similar 
size, dollar amount, and types of activities as those proposed in the 
application.
    Bonus Points. Applicants that undertake joint construction projects 
on HBCU campuses with units of local governments in a Federally-
designated Empowerment Zone, Urban Supplemental Empowerment Zone, 
Enterprise Community, or Urban Enhanced Enterprise Community will 
receive a maximum of 5 bonus points. To receive these bonus points 
applicants must submit with the application package a certification 
from the authorized representative of the local government that the 
HBCU is located within the zone.

II. Application Submission Requirements

    Complete application submission requirements are contained in the 
FY 1995 Historically Black Colleges and Universities Program 
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.

III. Corrections to Deficient Applications

    Immediately after the deadline for submission of applications, 
applications will be screened to determine whether all required items 
were submitted. If the applicant fails to submit certain technical 
items, or the application contains a technical mistake, such as an 
incorrect signatory, the Department shall notify the applicant in 
writing that the applicant has 14 calendar days from the date of the 
written notification to submit the missing item, or correct the 
technical mistake. If the applicant does not submit the missing item 
within the required time period, the application will be ineligible for 
further processing.
    The 14-day cure period pertains only to non-substantive technical 
deficiencies or errors. Technical deficiencies relate to items that:
    1. Are not necessary for HUD review under selection criteria/
ranking factors; and
    2. Would not improve the substantive quality of the proposal.

IV. Other Matters

    (a) Environmental Impact. A Finding of No Significant Impact with 
respect to the environment has been made in accordance with the 
Department's 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 of No Significant Impact is available for public 
inspection between 7:30 a.m. and 5:30 p.m. weekdays at the Office of 
the Rules Docket Clerk, Room 10276, Department of Housing and Urban 
Development, 451 Seventh Street, S.W., Washington, DC 20410.
    (b) Federalism, Executive Order 12612. The General Counsel, as the 
Designated Official under section 6(a) of Executive Order 12612, 
Federalism, has determined that the policies and procedures contained 
in this NOFA will not have substantial direct effect on States or their 
political subdivisions, or on the distribution of power and 
responsibilities among the various levels of government. Specifically, 
the NOFA solicits HBCU applicants to expand their role in addressing 
community development needs in their localities and does not impinge 
upon the relationships between the Federal government, and State and 
local governments.
    (c) Family, Executive Order 12606. The General Counsel, as the 
Designated Official under Executive Order 12606, The Family, has 
determined that this document does not have potential for significant 
impact on family formation, maintenance, and general well-being. The 
notice only solicits HBCUs to apply for funding to address community 
development needs in their locality. Any impact on the family will be 
indirect and beneficial in that better planning of community 
development needs should result.
    (d) 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 the 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 

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on lobbying activities in connection with the assistance.
    (e) Section 102 HUD Reform Act; Documentation and Public Access 
Requirements. 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 30 days after the award of the 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 Federal Register notice of all recipients of HUD 
assistance awarded on a competitive basis. (See 24 CFR 12.14(a) and 
12.16(b), and the notice published in the Federal Register on January 
16, 1992 (57 FR 1942), for further information on these requirements.)
    (f) Section 103 HUD Reform Act. HUD's regulation implementing 
section 103 of the Department of Housing and Urban Development Reform 
Act of 1989 was published 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.
    HUD employees involved in the review of applications and in the 
making of funding decisions are limited by Part 4 from providing 
advance information to any person (other than an authorized employee of 
HUD) concerning funding decisions, or from otherwise giving any 
applicant an unfair competitive advantage. Persons who apply for 
assistance in this competition should confine their inquiries to the 
subject areas permitted under 24 CFR Part 4.
    Applicants who have questions should contact the HUD Office of 
Ethics (202) 708-3815. (This is not a toll-free number.) The Office of 
Ethics 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 Field Office Counsel, 
or Headquarters counsel for the program to which the question pertains.
    (g) Section 112 HUD Reform Act. Section 13 of the Department of 
Housing and Urban Development Act (42 U.S.C. 3537b) contains two 
provisions dealing with efforts to influence HUD's decisions with 
respect to financial assistance. The first imposes disclosure 
requirements on those who are typically involved in these efforts--
those who pay others to influence the award of assistance or the taking 
of a management action by the Department and those who are paid to 
provide the influence. The second restricts the payment of fees to 
those who are paid to influence the award of HUD assistance, if the 
fees are tied to the number of housing units received or are based on 
the amount of assistance received, or if they are contingent upon the 
receipt of assistance.
    Section 13 was implemented by final rule published in the Federal 
Register on May 17, 1991 (56 FR 22912). The final rule was 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 part 86, particularly 
the examples contained in Appendix A of the regulation.
    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; TDD: (202) 708-1112. (These are not toll-free numbers.) Forms 
necessary for compliance with the rule may be obtained from the local 
HUD office.

    Authority: Title I, Housing and Community Development Act of 
1974 (42 U.S.C. 5301-5320); sec. 7(d), Department of Housing and 
Urban Development Act (42 U.S.C. 3535(d); 24 CFR 570.404.

    Dated: September 21, 1995.
Mark C. Gordon,
 General Deputy Assistant Secretary for Community Planning and 
Development.
[FR Doc. 95-24200 Filed 9-27-95; 8:45 am]
BILLING CODE 4210-29-P