[Federal Register Volume 60, Number 189 (Friday, September 29, 1995)]
[Notices]
[Pages 50700-50704]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-24201]




[[Page 50699]]

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Part VI





Department of Housing and Urban Development





_______________________________________________________________________



Office of the Assistant Secretary for Community Planning and 
Development



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

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

[[Page 50700]]



DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

Office of the Assistant Secretary for Community Planning and 
Development
[Docket No. FR-3937-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 the availability up to $2.5 million of 
Fiscal Year 1995 funds for ten Historically Black Colleges and 
Universities (HBCUs) to form Community Development Corporations (CDCs) 
to undertake eligible activities. In accordance with a memorandum of 
understanding establishing a public-private partnership between the 
United States Department of Housing and Urban Development (HUD) and the 
Structured Employment Economic Development Corporation (Seedco) of New 
York, New York, Seedco will also provide technical assistance and up to 
$1 million in low-interest gap loan funding to be made available to the 
CDCs formed under this program.
    Community-based organizations provide the spark that make 
communities a viable place to live. HUD's Office of the Assistant 
Secretary for Community Planning and Development has worked to create 
partnerships across the nation with community-based organizations 
rebuilding their neighborhoods brick by brick. Efforts to support CDCs 
created by Historically Black Colleges and Universities are part of the 
community development partnership for neighborhood revitalization.
    In the body of this document is information concerning the 
following:
    a. The purpose of the NOFA and information regarding available 
amounts, objectives, eligibility and authority; 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 CDC 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 1-800-877-8339. (This is a toll-free number.) When 
requesting an application kit, please refer to document FR-3937 and 
provide your name, address (including zip code), and telephone number 
(including area code). Requests for HBCU application kits should be 
made immediately. HUD will distribute application kits as soon as they 
become available.
    Application Submission: An original and three copies of the 
completed application must 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 CDC 
Program.

FOR FURTHER INFORMATION CONTACT: Yvette Aidara, Office of Technical 
Assistance, Department of Housing and Urban Development, 451 7th 
Street, SW., Room 7216, Washington, DC 20410. Telephone Number: (202) 
401-7912. This is not a toll free number. Access to this information is 
available to the hearing impaired through the Federal Information Relay 
Service at 1-800-877-8339. This is a toll-free number.

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

(a) Purpose

    The purpose of this NOFA is to assist HBCUs in forming Community 
Development Corporations (CDC) that will expand the role and 
effectiveness of HBCUs in addressing community development needs, 
including neighborhood improvement, housing, economic development and 
other revitalization efforts, in their surrounding or adjacent 
communities. Forming a CDC will expand the community development 
effectiveness of many HBCU's that may be unable to undertake certain 
activities directly because of requirements in their authorizing 
charters or State law. A number of HBCUs have already established CDCs 
or have working relationships with existing CDCs, and this NOFA is 
intended to promote the establishment of CDCs where HBCU/CDC 
relationships do not currently exist.
    For the purpose of this competition, a CDC is defined as a 
nonprofit association or corporation which: (1) Is organized under 
State or local law to engage in community development activities within 
an identified geographic area of operation adjacent to or in close 
proximity to the recipient HBCU, or in the case of an urban county, 
within the jurisdiction of the county; (2) maintains a significant 
portion of its governing body's membership for low- and moderate-income 
residents of its geographic area of operation, owners or senior 
officers of private establishments and other institutions located in 
and serving its geographic area of operation, or representatives of 
low- and moderate-income neighborhood organizations located in its 
geographic area of operation; (3) has as its primary purpose the 
improvement of the physical, economic or social environment of its 
geographic area of operation by addressing one or more critical 
problems of the area, with particular attention to the needs of low- 
and moderate-income residents of the area; and (4) has received or 
applied for a tax exemption ruling from the Internal Revenue Service 
under section 501(c) of the Internal Revenue Code of 1986. CDCs formed 
under this program must indicate, through Articles of Incorporation, a 
commitment to community and economic development activities that use 
the facilities of the HBCU (physical as well as faculty, administrators 
and students) and the target locality (residents, businesses and the 
local government). 

[[Page 50701]]

    The purpose of this NOFA is further supported through a memorandum 
of understanding establishing a public-private partnership between the 
United States Department of Housing and Urban Development (HUD) and the 
Structured Employment Economic Development Corporation (Seedco). This 
partnership seeks to combine the expertise and resources of HUD's HBCU 
program and Seedco's Community Development Partnership program to 
maximize the impact of their assistance to HBCUs seeking to revitalize 
their surrounding communities. HUD, through its HBCU program, seeks to 
increase the effectiveness of HBCUs in addressing community development 
and economic needs. Since 1990, Seedco, a national nonprofit community 
development support organization, has provided financial and technical 
assistance for planning and operation of nonprofit, neighborhood-based 
CDCs. Seedco's participation in this partnership will extend and expand 
its work with HBCUs.
    Seedco intends to provide technical assistance to grant recipients 
selected under this NOFA to assist them in forming and operating CDCs 
and carrying out the community development objectives of the CDCs. 
Seedco will not seek contracts funded from grants made under this NOFA 
to provide any additional technical assistance or other services to the 
grantees or to the CDCs formed by them. However, grant recipients are 
not precluded from using grant funds to pay reasonable and customary 
registration fees in connection with Seedco-sponsored conferences or 
workshops. HUD and Seedco intend to hold such meetings as may be 
necessary to coordinate activities of the HBCU/CDC partnership.
    Once recipient HBCU's have established CDCs and implemented a 
program of eligible activities using the HUD start-up funding of up to 
$250,000, it is intended that the new CDCs will be eligible for low-
interest gap loan funding from Seedco to finance additional eligible 
activities of the CDC. Seedco intends to set aside up to $1 million in 
low-interest gap loan funding to be made available to the CDCs formed 
under this program. Seedco also intends to provide technical assistance 
to the selected grantees and the CDCs they've helped to form as they 
implement the individual projects.

(b) 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.

(c) Allocation Amounts and Form of Award

    The Departments of Veterans Affairs and Housing and Urban 
Development, and the 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 $2.5 million from these FY 95 
funds to fund HBCUs to create CDCs. The maximum amount awarded to any 
applicant will be $250,000. The awards will be made in the form of 
grants.

(d) Objectives

    The objectives of this program are:
    (1) To help HBCUs, through the formulation of CDCs, expand their 
role and effectiveness in addressing community development needs in 
their localities, including neighborhood revitalization, housing, and 
economic development, consistent with the purposes of Title I of the 
Housing and Community Development Act of 1974;
    (2) To help HBCUs, through the formulation of CDCs, address the 
needs of their locality(ies) while furthering 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; and
    * A Commitment to Reducing the Separations by Race and Income in 
American Life.
    (3) To encourage and ensure that employment and other economic 
opportunities generated by Federal financial assistance for housing and 
community development programs shall, to the greatest extent feasible, 
be directed toward low-income persons, particularly those who are 
recipients of government assistance for housing consistent with Section 
3 of the Housing and Urban Development Act of 1968.

(e) 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. Eligibility is further limited to such 
HBCUs that have not already established CDCs or that do not already 
have working relationships with CDCs, since the purpose of this NOFA is 
to promote HBCU/CDC efforts where they do not currently exist.
    The Department issued a NOFA on April 11, 1995 (60 FR 18456) making 
up to $4 million of FY 1995 funding available for HBCU activities to 
expand their role and effectiveness in addressing community development 
in their localities. Forming a CDC is also an eligible activity under 
the April 11, 1995 NOFA; however, if an HBCU is selected to receive 
funding under the April NOFA to form a CDC, that HBCU will not be 
eligible for funding under this NOFA also. In the event that an HBCU 
applies for funding to form a CDC under both NOFAs, and scores high 
enough to be selected under both, it will be funded under the April 
NOFA only, and HUD will select the next highest ranked applicant for 
funding under this NOFA.
    (2) Eligible Activities. Each application under this competition 
must propose two activities: first, the formation of a CDC, and second, 
an eligible activity that will be conducted by the CDC that is formed. 
The eligible CDC activities that may be funded under this NOFA are 
those activities eligible for Community Development Block Grant (CDBG) 
funding. They are listed in 24 CFR 570.201 through 570.206. In addition 
to basic eligible activities, CDCs may undertake special economic 
development activities (as described at 24 CFR 570.203 (a) through (c)) 
and special activities undertaken by community-based development 
organizations (as described at 570.204). These activities have 
additional eligibility requirements.
    (i) Performance standards. Activities selected for funding under 
this NOFA will be subject to the following performance standards:
    (A) The CDC must be formed, staffed, and operational within one 
year of the grant award; and
    (B) The CDC must begin to implement the activities described in the 
HBCU's statement of work within two years of the grant award.
    HUD reserves the right to terminate funding for the grant award if 
the above prescribed performance standards are not met within the 
listed time frame.
    (ii) Environmental Review. If the applicant proposes activities 
involving rehabilitation or construction of structures, the proposed 
project must pass an environmental review in accordance with 24 CFR 
part 50. If the 

[[Page 50702]]
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 with 
jurisdiction over the project area certifying that the project has been 
approved.
    (iii) 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.

(f) Selection Criteria/Negotiations

    (1) General. An applicant must demonstrate that it meets the 
objectives of this HBCU program by scoring at least 12 of the possible 
20 points on rating 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 108 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. HUD reserves the right to fund all 
or portions of the proposed activities identified in each application, 
based on eligibility of the proposed activities. However, 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 remaining acceptable applications.
    (2) 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 remaining applicant and 
proceed with negotiations as described above.

(g) Rating Factors

    The factors set forth below will be used by the Department to rate 
and rank applications. Each application must contain sufficient 
information to be reviewed for its merits. The score for each factor 
will be based on the qualitative and quantitative aspects demonstrated 
in the application. The factors, and the maximum number of points for 
each factor (out of a total of 108 points, which includes up to 8 bonus 
points), are as follows:
    (1) Addressing the Objectives. (maximum points: 20)
    (i) The extent to which the applicant addresses the objectives of 
this program is examined by this factor. Applicants must address 
objective (A), below, by successfully demonstrating how the proposed 
activities to be carried out by the CDC 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 (B), 
below. The objectives of this program are:
    (A) To help HBCUs form CDCs that will expand their role and 
effectiveness in addressing community development needs in their 
localities, including neighborhood revitalization, housing, and 
economic development, consistent with the purposes of the 1974 Act; and
    (B) To help HBCUs, through the formulation of CDCs, to address the 
needs of their localities in meeting 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; and
    * 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 CDC's 
proposed activities and program will expand its role and effectiveness 
in addressing community development needs in its locality(ies), in 
accordance with the objective specified in section I.(g)(1)(i)(A) of 
this NOFA, above; and
    (B) The extent to which the applicant demonstrates that the CDC's 
proposed activities will further one or more of the HUD values 
specified in section I.(g)(1)(i)(B) of this NOFA, above.
    (C) The extent to which the applicant demonstrates that the 
proposed CDC 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) Impact of the Project. (Maximum points: 25)
    The extent to which the applicant demonstrates that the proposed 
CDC's activities would have a substantial impact on the community and 
economic development of the locality. In rating this factor the 
Department will consider:
    (i) The extent to which the applicant demonstrates how the proposed 
CDC's activities will address high priority needs identified in each 
locality's HUD-approved Consolidated Plan in accordance with 24 CFR 
part 91, especially in the target HBCU neighborhood.
    (ii) The extent to which the applicant demonstrates how the 
proposed CDC's activities will make a substantial contribution to 
achieve local community development objectives.
    (iii) The extent to which the applicant demonstrates that its 
proposed CDC is willing to forge a common identity and shared goals and 
objectives between the HBCU and its neighborhood leadership for 
revitalization of the community.
    (3) Special Needs of the Applicant and Locality. (Maximum points: 
10)
    In rating this factor, the Department will consider:
    (i) The extent to which the applicant demonstrates that the CDC 
formed will create or enhance community-based capacity to successfully 
carry out community and economic development projects and to attract 
new government and private financial support for development of the 
local community.
    (ii) The extent to which the CDC will serve to develop local 
resident leadership capacity and will provide opportunities for HBCU 
faculty and students to engage in community service and community 
development activities.
    (iii) The extent to which local community support is demonstrated 
through letters of commitment, record of local accomplishment, and 
capacity to form a partnership with the applicant to address community 
outreach, organizing, fundraising and operational aspects of the CDC.
    (4) Technical and Financial Feasibility. (Maximum points: 25)
    The extent to which the applicant demonstrates the technical and 
financial feasibility for achieving the objectives, including local 
support for the activities proposed to be carried out in the locality 
and any matching funds proposed to be provided from sources other than 
the applicant is examined by 

[[Page 50703]]
this factor. In rating this factor, the Department will consider:
    (i) The extent to which the applicant demonstrates the technical 
feasibility for achieving the objectives within the program period 
proposed as evidenced by a management plan which:
    (A) Clearly delineates staff responsibilities and accountability 
for all work required;
    (B) Presents a work plan 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 rationale and justification for the 
budget.
    (ii) The extent to which the applicant demonstrates the 
institutional stability and health in financial and organizational 
terms sufficient to allow for a sustained focus on community 
development.
    (iii) The extent to which the applicant's Chief Executive Officer 
demonstrates that the HBCU is committed to forming a CDC and will 
strongly and vigorously support all aspects of the program.
    (5) Capacity. (maximum points: 20)
    The extent to which the applicant demonstrates the capacity to 
carry out satisfactorily the proposed activities in a timely fashion, 
including satisfactory performance in carrying out any prior HUD-
assisted projects or activities, is examined by this factor. In rating 
this factor, the Department will consider:
    (i) 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.
    (ii) 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.
    (iii) The extent to which the applicant demonstrates that the 
proposed activities will be carried out in a satisfactory and timely 
fashion, as evidenced by recent efforts to initiate and/or manage 
projects of the same or similar type, size, and dollar amount as those 
proposed in the application.
    (h) Bonus Points. Applicants that propose forming a CDC and 
implementing activities in a Federally-designated Empowerment Zone, 
Urban Supplemental Empowerment Zone, Enterprise Community, or Urban 
Enhanced Enterprise Community will receive a maximum of 8 bonus points. 
Bonus points will be allocated as follows: three points for placing the 
offices of the CDC in one of the above-designated zones and five points 
for carrying out activities within such zones. To receive these bonus 
points, applicants must submit with the application package a 
certification from the authorized representative of the unit of local 
government that: (1) The CDC will place its offices within the zone 
and/or (2) the CDC's proposed activities will be carried out within the 
zone.
    (i) General Program Requirements.
    (1) Statement of Work. After selection for funding but prior to 
award, each selected applicant must ensure that any deletions, 
additions or enhancements to the Statement of Work submitted with the 
application are incorporated into the approved grant, including how the 
revised Statement of Work will be accomplished. Following a task-by-
task format, the approved Statement of Work must:
    (i) Delineate the tasks and sub-tasks involved in each activity 
funded under this NOFA.
    (ii) Indicate the sequence in which the tasks are to be performed, 
noting areas of work which must be performed simultaneously.
    (iii) Identify specific numbers of quantifiable end products and 
program improvements the selected applicant aims to deliver, through 
the newly established CDC, by the end of the grant period, e.g., number 
of persons to be assisted; number of units to be provided, 
rehabilitated, or built; number of classes to be provided; commercial 
enterprises to be established, etc.
    (2) Certifications and Assurances. After selection for funding but 
prior to award, each selected applicant must submit signed copies of 
the assurance form covering the following Assurances and 
Certifications: Drug-Free Workplace; Certification Regarding Lobbying; 
Applicant/recipient disclosure Update Report; Certification and 
disclosure Regarding Payments to Influence Certain Federal Transactions 
(where applicable). This form will be provided in the application kit 
which will be available following publication of this NOFA.
    (3) Project Management and Staff Allocation Plan. After selection 
for funding but prior to award, each selected applicant must submit a 
Project Management and Staff Allocation Plan for carrying out the 
activities proposed in the Statement of Work. The Project Management 
Plan and Staff Allocation submission must cover the proposed period of 
performance.
    (4) Financial management and Audit Information. After selection for 
funding but prior to award, each selected applicant must submit a 
certification from an Independent Public Accountant or the cognizant 
government auditor, stating that the financial management system 
employed by the applicant meets prescribed standards for fund control 
and accountability required by OMB Circular A-110 for institutions of 
Higher Education and other Non-Profit Institutions. The information 
should include the name and telephone number of the independent 
auditor, cognizant Federal auditor, or other audit agency as 
applicable.
    (5) Local approval. Since eligible activities must take place in a 
locality, after selection but prior to award, each selected applicant 
must submit a letter from the chief elected official of the locality 
(or a resolution by the legislative body of the locality) certifying 
that the activity(ies) to be undertaken are not inconsistent with the 
local community development or consolidated plan.
    (6) Reasonable time and cost for establishing the CDC. HUD reserves 
the right to limit the amount of grant funds awarded under this NOFA 
that may be used to establish the CDC. Generally, applicants may be 
limited to not more than 10% of the award amount for activities 
associated with establishing the CDC. In addition, the time frame for 
establishing the CDC should not exceed twelve months from the program 
start date. HUD may suspend or terminate the grant if the grantee fails 
to establish the proposed CDC at a reasonable cost and within a 
reasonable time frame.

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 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 

[[Page 50704]]
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 SW, 
Washington, DC 20410.

(b) Federalism Impact

    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 
effects 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) Impact on the Family

    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. This notice solicits HBCUs to apply for funding 
to address community and economic development needs in their locality. 
While impact on the family will be indirect, there will be benefits 
that accrue to families in that better planning of community and 
economic 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 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.

(e) Documentation and Public Access Requirements; HUD Reform Act, 
Section 102

    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 
quarterly 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) Prohibition Against Advance Information on Funding Decisions

    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 with 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 Regional or Field Office 
Counsel, or Headquarters counsel for the program to which the question 
pertains.

(g) Prohibition Against Lobbying of HUD Personnel

    Section 13 of the Department of Housing and Urban Development Act 
contains two provisions dealing with efforts to influence HUD's 
decisions with respect to financial assistance. The first imposes 
disclosure requirements on those who are typically involved in these 
efforts--those who pay others to influence the award of assistance or 
the taking of a management action by the Department and those who are 
paid to provide the influence. The second restricts the 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). If readers are involved in any 
efforts to influence the Department in these ways, they are urged to 
read the final rule, particularly the examples contained in Appendix A 
of the rule.

    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 18, 1995.
Mark C. Gordon,
General Deputy Assistant Secretary for Community Planning and 
Development.
[FR Doc. 95-24201 Filed 9-27-95; 8:45 am]
BILLING CODE 4210-29-P