[Federal Register Volume 61, Number 40 (Wednesday, February 28, 1996)]
[Notices]
[Pages 7533-7536]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-4500]



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DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
Office of the Assistant Secretary for Community Planning and 
Development

[Docket No. FR-4004-N-02]


Notice of Funding Availability for the HUD-Administered Small 
Cities Community Development Block Grant (CDBG) Program--Fiscal Year 
1996; and the Section 108 Loan Guarantee Program for Small Communities 
in New York State; Amendment

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

ACTION: Notice of Funding Availability (NOFA) for Fiscal Year (FY) 
1996; Amendment.

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SUMMARY: This notice amends the NOFA for the HUD-Administered Small 
Cities Community Development Block Grant (CDBG) Program and the Section 
108 Loan Guarantee Program for Small Communities in New York State, 
published in the Federal Register on December 28, 1995 (60 FR 67260). 
This notice provides an additional contact for New York State and to 
clarify certain other items as described below.

DATES: This notice does not effect the deadline dates described in the 
December 28, 1995 NOFA for the HUD-Administered Small Cities CDBG 
Program and the Section 108 Loan Guarantee Program for Small 
Communities in New York State (60 FR 67260).

FOR FURTHER INFORMATION CONTACT: Joseph A. D'Agosta, Director, Office 
of Community Planning and Development, Department of Housing and Urban 
Development, 26 Federal Plaza, New York, NY 10278-0068; telephone (212) 
264-0771. (This is not a toll-free number.) Hearing- or speech-impaired 
persons may call (212) 264-0927 (TDD).

SUPPLEMENTARY INFORMATION: The NOFA for the HUD-Administered Small 
Cities Community Development Block Grant (CDBG) Program--Fiscal Year 
(FY) 1996, and the Section 108 Loan Guarantee Program for Small 
Communities in New York State was published in the Federal Register on 
December 28, 1995 (60 FR 67260). Today's notice amends sections I.C.2. 
(Previous Grantees) and I.E.2.c. (Performance Assessment Reports) of 
the December 28, 1995 NOFA to clarify that the submission date of 
annual Performance Assessment Reports (PARs) is no later than October 
31 for all grant agreements executed before April 1 of the same 
calendar year, and that the first report should cover the period from 
the execution of the grant until September 30. Reports on grants made 
after March 31 of a calendar year will be due October 31 of the 
following calendar year, and the report should cover the period of time 
from the execution of the grant until September 30 of the calendar year 
following grant execution. After the submission of the initial report, 
PARs will be submitted annually on October 31 until completion of the 
activities funded under the grant.
    Today's notice also amends section I.D.5.b. (Grant Limits and 
Funding Requirements) of the December 28, 1995 NOFA to clarify that 
multi-year requests may be for single purpose grants as well 

[[Page 7534]]
as comprehensive grants. This notice specifies limits for single 
purpose and comprehensive grants.
    With regard to section I.E.3.c.(1)(a)(iii) (Direct Homeownership 
Assistance) of the December 28, 1995 NOFA, the authority under the CDBG 
program to carry out direct homeownership assistance activities has 
expired. The FY 1996 HUD appropriations bill would have amended the 
CDBG program to make homeownership activities a permanent eligible CDBG 
activity. The FY 1996 HUD appropriations bill was not approved by the 
President, and as of this date such activities are not authorized. If 
there is a HUD appropriation bill enacted with this provision prior to 
HUD's announcement of grant awards, then any fundable applications 
containing such activities would be approvable. However, potential 
applicants are advised that should direct homeownership activities not 
be authorized by the time HUD makes the grant awards, HUD would not be 
able to make a grant obligation for such activities. Applicants should 
take these matters into consideration when preparing an application 
that contains direct homeownership activities. It is noted that some 
direct homeownership activities are eligible under other provisions of 
the Housing and Community Development Act of 1974, as amended (42 
U.S.C. 5301-5320).
    Today's notice corrects section II.C.2. (Streamlined Application 
Requirements for Certain Applicants) to be consistent with 24 CFR 
570.425(c) to provide that a previous year's applicant, whose 
application was not funded, may notify HUD in writing within the 
application period that it wishes its previous application to be 
reconsidered in the current competition. The NOFA published on December 
28, 1995 erroneously stated that all previous year's unfunded 
applications would be automatically reconsidered. This provision was in 
effect for the Fiscal Year 1995 competition only.
    Today's notice amends section III (Technical Assistance) to clarify 
that both of HUD's New York offices, located in Buffalo and New York 
City, will be available to provide technical assistance to prospective 
applicants.
    Today's notice also provides the correct phone number for HUD's 
Buffalo office, which is (716) 551-5742.
    Accordingly, FR Doc. 95-31383, the NOFA for the HUD-Administered 
Small Cities Community Development block Grant (CDBG) Program--Fiscal 
Year 1996, and the Section 108 Loan Guarantee Program for Small 
Communities in New York State, published in the Federal Register on 
December 28, 1995 (60 FR 67260), is amended as follows:
    1. On page 67263, in column 1, section I.C.2., under the heading 
``Previous grantees,'' is amended to read as follows:

I. Purpose and Substantive Description

* * * * *

C. Eligibility

* * * * *
    2. Previous grantees. Eligible applicants, which previously have 
been awarded Small Cities Program CDBG grants, are also subject to an 
evaluation of capacity and performance. Numerical thresholds for 
drawdown of funds have been established to assist HUD in evaluating a 
grantee's progress in implementing its program activities. (These 
standards apply to all CDBG Program grants received by the community.) 
An additional threshold relates to the submission of annual Performance 
Assessment Reports (PARs) which were due October 31, 1995, for all 
grant agreements executed before April 1, 1995. (See 24 CFR 
Sec. 570.507(a)(2)(ii)(A).) Failure to submit a PAR is not a curable 
technical deficiency. Applicants generally will be determined to have 
performed adequately in the area(s) where the thresholds are met. Where 
a threshold has not been met, HUD will evaluate the documentation of 
any mitigating factors, particularly with respect to actions taken by 
the applicant to accelerate the implementation of its program 
activities.
* * * * *
    2. On page 67264, in column 1, section I.D.5.b., under the heading 
``Grant Limits and Funding Requirements'' is amended to read as 
follows:

I. Purpose and Substantive Description

* * * * *

D. Types of Grants

* * * * *
5. Multi-year Plans
* * * * *
    b. Grant Limits and Funding Requirements. Single Purpose Multi-year 
requests: The maximum annual grant for a Single Purpose grant is 
$600,000, except that counties may apply for up to $900,000 in Single 
Purpose funds. The maximum amount for Single Purpose grant applications 
made jointly by units of general local government will be $900,000. The 
maximum funding for implementing an entire multi-year plan is 
$1,200,000 for a two year multi-year plan ($1,800,000 for counties and 
joint applications by units of general local government), and 
$1,800,000 for a three year multi-year plan ($2,700,000 for counties 
and joint applications by units of general local government).
    Comprehensive Multi-year requests. The maximum funding for 
implementing an entire multi-year plan is $3,100,000 for a two year 
multi-year plan, and $5,000,000 for a three year multi-year plan. 
However, in no event will HUD award more than $1,200,000 in grant funds 
for the first year's increment of either a 2-year or 3-year multi-year 
request.
    Grant funds requested must be sufficient, either by themselves or 
in combination with funds from other sources, (including any Section 
108 Loan Guarantee resources requested in conjunction with a Small 
Cities application under this NOFA) to complete the project within a 
reasonable amount of time. If other sources of funds are to be used 
with respect to a project, the source of those funds should be 
identified and the level of commitment indicated.
* * * * *
    3. On page 67265, in column 1, section I.E.2.c., under the heading 
``Performance Assessment Reports'' is amended to read as follows:

I. Purpose and Substantive Description

* * * * *

E. Selection Criteria/Ranking Factors and Final Selection

* * * * *
2. Performance Evaluation
* * * * *
    c. Performance Assessment Reports. Under 24 CFR 570.507, Small 
Cities CDBG grantees are required to submit Performance Assessment 
Reports (PARs) no later than October 31 for all grants executed before 
April 1 of the same calendar year. The first report should cover the 
period from the execution of the grant until September 30. Reports on 
grants made after March 31 of a calendar year will be due October 31 of 
the following calendar year, and the reports will cover the period of 
time from the execution of the grant until September 30 of the calendar 
year following grant execution. After the submission of the initial 
report, PARs will be submitted annually on October 31 until completion 
of the activities funded under the grant. For an application for FY 
1996 funds to be considered for funding, the applicant must be current 
in its submission of Performance Assessment Reports. Failure to submit 
a PAR is not a curable technical 

[[Page 7535]]
deficiency under Section V of this NOFA.
* * * * *
    4. On page 67268, in column 2, section I.E.3.c.(1)(a)(iii), under 
the heading ``Direct Homeownership Assistance,'' after the fifth 
paragraph, a new paragraph is added, to read as follows:

I. Purpose and Substantive Description

* * * * *

E. Selection Criteria/Ranking Factors and Final Selection

* * * * *
3. Four Factor Rating
* * * * *
    c. Program Impact--General.
* * * * *
    (1) Program Impact--Single Purpose Grants.
* * * * *
    (a) Program Impact--Single Purpose--Housing.
* * * * *
    (iii) Direct Homeownership Assistance.
* * * * *
    The authority under the CDBG program to carry out direct 
homeownership assistance activities has expired. The FY 1996 HUD 
appropriations bill would have amended the CDBG program to make 
homeownership activities a permanent eligible CDBG activity. The FY 
1996 HUD appropriations bill was not approved by the President, and as 
of this date such activities are not authorized. If there is a HUD 
appropriation bill enacted with this provision prior to HUD's 
announcement of grant awards, then any fundable applications containing 
such activities would be approvable. However, potential applicants are 
advised that should direct homeownership activities not be authorized 
by the time HUD makes the grant awards, HUD would not be able to make a 
grant obligation for such activities. Applicants should take these 
matters into consideration when preparing an application that contains 
direct homeownership activities. It is noted that some direct 
homeownership activities are eligible under other provisions of the 
Housing and Community Development Act of 1974, as amended (42 U.S.C. 
5301-5320).
* * * * *
    5. On page 67278, in column 1, section II.A., under the heading 
``Obtaining Applications'' is amended to read as follows:

II. Application and Funding Award Process

A. Obtaining Applications

    All nonentitled communities in New York State may obtain 
application kits through HUD's New York or Buffalo Offices. The 
addresses for HUD's Buffalo and New York offices are:

Department of Housing and Urban Development, Office of Community 
Planning and Development, Attention: Small Cities Coordinator, 26 
Federal Plaza, New York, NY 10278-0068, Telephone (212) 264-6500
Department of Housing and Urban Development, Community Planning and 
Development Division, Attention: Small Cities Coordinator, 465 Main 
Street, Lafayette Court, Buffalo, NY 14203, Telephone (716) 551-5742
* * * * *
    6. On page 67278, in column 1, section II.B., under the heading 
``Submitting Applications,'' the third sentence of the first paragraph 
is amended to read as follows:

II. Application and Funding Award Process

* * * * *

B. Submitting Applications

    * * * Final applications may be mailed, and if they are received 
after the deadline, must be postmarked no later than midnight, March 
13, 1996. * * *
* * * * *
    7. On page 67278, in column 2, section II.C.2., under the heading 
``Streamlined Application Requirements for Certain Applicants'' is 
amended to read as follows:

II. Application and Funding Award Process

* * * * *

C. The Application

* * * * *
2. Streamlined Application Requirements for Certain Applicants
    An eligible applicant that submitted an application under the 
Fiscal Year 1995 NOFA, but whose application was not selected for 
funding, may notify HUD in writing by the application deadline date, 
March 13, 1996, that it wishes its FY 1995 application to be 
reactivated for consideration under this NOFA. Applications that are 
reactivated may be updated, amended, or supplemented by the applicant, 
provided that such amendment or supplementation is received no later 
than the due date for applications under this NOFA. If there is no 
significant change in the application involving new activities or 
alteration of proposed activities that will significantly change the 
scope, location, or objectives of the proposed activities or 
beneficiaries, there will be no further citizen participation 
requirement to keep the application active for a succeeding round or 
competition.
    Applicants with activities approved for funding under the Fiscal 
Year 1995 NOFA are eligible for additional funding for those activities 
under this NOFA. Applicants seeking additional funding for activities 
selected for funding under the Fiscal Year 1995 NOFA may notify the 
Department in writing by March 13, 1996 that they wish to seek 
additional funding for those activities. Such applicants may 
incorporate by reference the application materials in the applicant's 
Fiscal Year 1995 application, and may provide material to update or 
supplement the prior application.
    All applicants are free to submit an entirely new application in 
place of a previous application should they so desire.
* * * * *
    8. On pages 67278, column 3, to page 67279, column 1, section III., 
under the heading ``Technical Assistance'' is amended to read as 
follows:

III. Technical Assistance

    Prior to the application deadline, the Buffalo and New York Offices 
will provide technical assistance on request to individual applicants, 
including explaining and responding to questions regarding program 
regulations, and defining terms in the application package. In 
addition, HUD plans to conduct informational meetings around the State 
to discuss the Small Cities Program, and will conduct application 
workshops in conjunction with these meetings. Please contact the 
Buffalo or New York Office for further information regarding these 
meetings. Application kits will be available at these meetings, as well 
as from the HUD offices previously identified in Section II of this 
NOFA, and will also be available at the informational meetings. In 
order to ensure that the application deadline is met, it is strongly 
suggested that applicants begin preparing their applications 
immediately and not wait for the informational meetings.
    In order to be considered for funding, complete applications (an 
original and two photocopies of the entire application) must be 
physically received by the appropriate HUD office on March 13, 1996, by 
4 p.m. or, if mailed, postmarked no later than midnight, March 13, 
1996. Applications must be 

[[Page 7536]]
delivered or mailed to the appropriate HUD office at the address 
indicated in Section II.

    Dated: February 22, 1996.
Mark C. Gordon,
General Deputy Assistant Secretary for Community Planning and 
Development.
[FR Doc. 96-4500 Filed 2-27-96; 8:45 am]
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