[Federal Register Volume 61, Number 43 (Monday, March 4, 1996)]
[Notices]
[Pages 8442-8447]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-4680]




[[Page 8441]]

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Part VI





Department of Housing and Urban Development





_______________________________________________________________________



Office of Assistant Secretary for Community Planning and Development



_______________________________________________________________________



Notice of Funding Availability; Youthbuild Program--Fiscal Year 1996; 
Notice

  Federal Register / Vol. 61, No. 43 / Monday, March 4, 1996 / Notices 
  

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DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

Office of Assistant Secretary for Community Planning and Development
[Docket No. FR-4005-N-01]


Notice of Funding Availability Youthbuild Program--Fiscal Year 
1996

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

ACTION: Notice of Funding Availability for the FY 1996 Youthbuild 
Competition.

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SUMMARY: This Notice of Funds Availability (NOFA) announces the 
expected availability of up to $37.5 million of Fiscal Year 1996 
program funds for grant assistance under the Youthbuild Program 
established by the Housing and Community Development Act of 1992. These 
funds will be awarded competitively. Only implementation grants will be 
funded. The body of this NOFA contains information on the following: 
the purpose of the NOFA, information regarding eligibility, available 
funding, the application process and selection criteria.
    The Congress has not yet enacted a FY 1996 appropriations for HUD. 
However, HUD is publishing this notice in order to give potential 
applicants adequate time to prepare applications. The amount of funds 
announced in this NOFA is an estimate of the amount that may be enacted 
in 1996. HUD is not bound by the estimate set forth in this notice. The 
estimated amount may be adjusted downward based on the enacted 1996 
appropriation.

APPLICATION SUBMISSION: An original and one copy of the completed 
application for grant funds must be received in HUD Headquarters prior 
to 12 midnight EST on May 6, 1996. Applicants may include another copy 
of their application on 3.5'' computer diskettte. Applications will be 
accepted at the following address: Processing and Control Unit, Office 
of Community Planning and Development, Department of Housing and Urban 
Development, 451 Seventh Street, SW., Room 7255, Washington, DC 20410. 
ATTN: Youthbuild. At close of business on the deadline date, 
applications will be received at either room 7255 or the South Lobby of 
the Department of Housing and Urban Development at the above address.
    Applications which are mailed prior to May 6, 1996, but not 
received until after the deadline will be deemed to have been received 
by the date if postmarked by the United States Postal Service by no 
later than May 3, 1996. Express delivery items received after May 6, 
1996 will be deemed to have been received by the deadline upon 
submission of documentary evidence that they were placed in transit 
with the express delivery service by no later than May 5, 1996. 
Applications may not be submitted by facsimile (FAX).

FOR A COPY OF THE APPLICATION PACKAGE, CONTACT: Requests for 
application packages, including an instructional video, for the current 
competition can be made by calling Community Connections at 1-800-998-
9999 or through the internet at gopher://amcom.aspensys.com:75/11/
funding. You may also contact the HUD Processing and Control Unit, 
Office of Community Planning and Development, U. S. Department of 
Housing and Urban Development, 451 Seventh Street, SW., Room 7255, 
Washington, DC 20410. Requests for application packages may be faxed to 
HUD at (202) 708-3363. (This is not a toll-free number.) Requests for 
application packages must refer to ``Youthbuild'' document FR-4005-N-
01. The Youthbuild application package contains appropriate 
instructions, forms and required certifications for completing a grant 
request. Requests for Youthbuild application packages for the current 
competition should be made immediately.

FOR FURTHER INFORMATION CONTACT: All procedural and substantive 
questions should be directed to the Office of Economic Development, 
Department of Housing and Urban Development, Room 7136, 451 Seventh 
Street SW., Washington DC 20410; telephone (202) 708-2035 or TDD (202) 
708-1455 for the hearing impaired. These are not toll-free numbers.

SUPPLEMENTARY INFORMATION: The information collection requirements 
contained in this Notice have been approved under the Paperwork 
Reduction Act of 1980 (44 U.S.C. 3501-3520) by the Office of Management 
and Budget (OMB), and have been assigned OMB control number 2506-0142, 
expiration date August 31, 1996.

I. Program Purpose

    The purposes of the Youthbuild program are (1) to provide 
economically disadvantaged young adults with opportunities to obtain 
education, employment skills and meaningful on-site work experience as 
a service to their communities and a means to achieve self-sufficiency; 
(2) to foster the development of leadership skills and commitment to 
community; and (3) to expand the supply of permanent affordable housing 
for homeless and low- and very low-income persons by providing planning 
grants for program design and implementation grants for carrying out a 
Youthbuild Program.

A. Authority

    The Youthbuild program is authorized under subtitle D of title IV 
of the National Affordable Housing Act (42 U.S.C. 8011) (the Act), as 
added by section 164 of the Housing and Community Development Act of 
1992 (Pub. L. 102-550). Implementing regulations are found in the Final 
Rule published in the Federal Register dated February 21, 1995 and in 
CFR 24 part 585.

B. Funding Availability

    This Notice announces the availability of approximately $37.5 
million in program funds. Five percent of the funds may be set aside 
for emergency purposes. In addition, $1.87 million (five percent of the 
appropriation) is planned for technical assistance consistent with 
section 458(d) of the Act.
    The Congress has not yet enacted a FY 1996 appropriations for HUD. 
However, HUD is publishing this notice in order to give potential 
applicants adequate time to prepare applications. The amount of funds 
announced in this NOFA is an estimate of the amount that may be enacted 
in 1996. HUD is not bound by the estimate set forth in this notice. The 
estimated amount may be adjusted downward based on the enacted 1996 
appropriation.

C. Objectives

    The Youthbuild program is designed to help disadvantaged young 
adults who have dropped out of high school to 1) obtain the education 
and employment skills necessary to achieve economic self-sufficiency 
and 2) develop leadership skills and a commitment to community 
development in low-income communities. Grant funds can be used to fund 
eligible educational and support services and activities, as defined by 
the Act, composed of basic skills instruction and remedial education, 
employment skills and leadership development, and counseling and other 
support services.
    Another important objective of the Youthbuild program is to expand 
the supply of permanent affordable housing for homeless persons and 
members of low- and very low-income families. Providing disadvantaged 
young adults with meaningful on-site training experiences in housing 
construction and rehabilitation enables them to provide a service to 
their communities by helping 

[[Page 8443]]
to meet the housing needs of homeless and low-income families.
    An additional purpose of the program is to give, to the greatest 
extent feasible, and consistent with existing Federal, State, and local 
laws and regulations, job training, employment, contracting and other 
economic opportunities to low-income persons and business concerns. To 
that purpose, section 3 of the Housing and Urban Development Act of 
1968 (12 U.S.C. 1701u) is applicable to Youthbuild implementation grant 
recipients.

II. Overview of Youthbuild Implementation Grants

    HUD will award Youthbuild implementation grants to eligible 
applicants for the purpose of carrying out Youthbuild programs in 
accordance with subtitle D of title IV of the National Affordable 
Housing Act (NAHA). Applications will be selected in a competition in 
accordance with the grant selection process described in section V. 
below.

B. Maximum Awards

    Under the competitions established by this NOFA, the maximum award 
for a Youthbuild implementation grant is $700,000. HUD reserves the 
right to determine the maximum or minimum of any Youthbuild award per 
application, project, program or budget line item. No amendments will 
be made to awards under this competition that will increase previously 
approved grant amounts.

C. Locational Considerations

    Each application for an implementation grant may only include 
activities to carry out one Youthbuild program, i.e., to start a new 
Youthbuild program or to fund new classes of Youthbuild participants 
for an existing program. The same applicant organization may submit 
more than one application in the current competition if the proposed 
program's participant recruitment and housing areas are in different 
jurisdictions. HUD will not approve multiple applications for 
implementation grants in the same jurisdiction unless HUD determines 
that the jurisdiction is sufficiently large to justify approval of more 
than one application.

D. Eligible Applicants

    Eligible applicants are public or private nonprofit agencies, state 
or local housing agencies or authorities, state or local units of 
general local government, Indian tribes or any other entity eligible to 
provide education and employment training under other Federal 
employment training programs, as further defined in 24 CFR 585.4.

E. Youthbuild Program Components

    Youthbuild programs receiving assistance under this NOFA must 
contain the three components described in items (1), (2) and (4) below. 
Other activities described in item (3) are optional.
    (1) Educational and job training services.
    (2) Leadership training, counseling and other support activities.
    (3) Special activities such as entrepreneurial training, drivers' 
education, internships, programs for those with learning disabilities, 
and in-house staff training. (Optional)
    (4) On-site training through actual housing rehabilitation and/or 
construction work. Each program must be structured so that 50 percent 
of each participant's time is spent in on-site training.
    Refer to 24 CFR 585.3 for a detailed description of program 
components.

F. Eligible Participants

    Participants in a Youthbuild program must be very low-income high 
school dropouts between the ages of 16 and 24, inclusive, at the time 
of enrollment. Up to 25 percent of participants may be above very low-
income or high school graduates (or equivalent), but must have 
educational needs that justify their participation in the program.

G. Eligible Activities

    Activities used to conduct a Youthbuild implementation program may 
include:
    (a) Work and activities associated with the acquisition, 
rehabilitation, or construction of the housing and related facilities 
to be used in the program;
    (b) Relocation payments and other assistance required to comply 
with 24 CFR 585.308;
    (c) Costs for the ongoing training and technical assistance needs 
of the applicant that are related to carrying out a Youthbuild program;
    (d) Education, job training, counseling, employment and leadership 
development services and activities;
    (e) Wages, benefits and need-based stipends for participants; and
    (f) Administrative costs. Youthbuild funds for these costs may not 
exceed 15 percent of the total amount of Youthbuild assistance.
    Refer to 24 CFR 585.305 for further details on eligible 
implementation activities.

H. Resources From Other Federal, State, Local or Private Entities

    Applicants are encouraged to use existing housing and homeless 
assistance programs administered by HUD or other Federal, State, local 
or private housing programs as part of their Youthbuild programs. Use 
of other Federal, State, local or private funds available for 
vocational, adult and bilingual education programs or for job training 
under the JTPA Act and the Family Support Act of 1988 is also 
encouraged. The selection process described in this NOFA provides for 
applicants to receive points where grant applications contain 
commitments from Federal, State, local, or private sources to provide 
resources to carry out Youthbuild activities.

I. Environmental Procedures and Standards

    Applicants are encouraged to select hazard-free and problem-free 
properties for their Youthbuild projects. Environmental procedures 
apply to HUD approval of implementation grants when the applicant 
proposes to use Youthbuild funds to cover any costs for the lease, 
acquisition, rehabilitation, or new construction of real property 
proposed for housing project development. Environmental procedures do 
not apply to HUD approval of implementation applications when 
applicants propose to use their Youthbuild funds solely to cover any 
costs for classroom and/or on-the-job construction training and support 
services.
    For those applicants that propose to use their Youthbuild funds to 
cover any costs of the lease, acquisition, rehabilitation, or new 
construction of real property, the applicant shall submit all relevant 
environmental information in its application to support HUD decision-
making in accordance with the environmental procedures and standards 
set forth in 24 CFR 585.307.

J. Grant Period

    Funds awarded for an implementation grant should be used within 30 
months of the effective date of the implementation grant agreement.

III. Selection Criteria for Youthbuild Applications

    HUD will review each application and assign points in accordance 
with the selection criteria described in this section. Each application 
will be assigned up to 100 points. In addition, applications may 
receive up to 5 bonus points for AmeriCorps participation (see section 
F below), and 10 housing priority points (see section G below). 

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A. Capability

    The qualifications and experience of the applicant and 
participating parties. (Maximum Points: 25) The capability of the 
applicant and participating parties to implement a successful young 
adult education and training program within a reasonable time period 
and in an a cost-effective manner as demonstrated through past 
performance. In assigning points for this criterion, HUD will consider 
evidence in the application that demonstrates:
    (a) Experience in implementing a comprehensive, integrated, multi-
disciplinary program with the following components:
    (1) Young adult education and training programs, including programs 
for low-income persons from economically distressed neighborhoods.
    (2) Young adult leadership development training and activities for 
young adults.
    (3) Young adult on-site training in housing construction or 
rehabilitation for the production of sound and affordable housing for 
the homeless and low-income families.
    (b) The extent to which the applicant has been successful in past 
education, training and employment programs and activities.
    (c) The extent to which the applicant has demonstrated past ability 
to leverage other resources to cover administrative, educational and 
training costs and has demonstrated ability to implemented creative and 
innovative cost-saving measures.
    (d) The extent of prior program quality and cost-effectiveness.

B. Need

    The need for the proposed program, as determined by the degree of 
distress of the community. (Maximum Points: 20) In assigning points for 
this criterion, HUD will consider the relative degree of distress of 
the jurisdiction(s) from which participants will be recruited and in 
which the housing will be constructed or rehabilitated. HUD will 
calculate the degree of need of the jurisdiction(s) in which the 
program will be located from generally available data. In addition, HUD 
will consider information provided by the applicant on the distress of 
target areas within the jurisdiction(s).

C. Program Quality and Feasibility

    Comprehensiveness and effectiveness of the proposed Youthbuild 
program. (Maximum Points: 35) HUD will consider the overall quality and 
feasibility of the proposed program as measured by the principles and 
goals of the proposed program, whether proposed program activities meet 
the overall objectives of the Youthbuild program, whether the proposed 
program activities will be accomplished within a reasonable time and in 
a cost effective manner, whether the proposed program activities are 
comprehensive and integrated, and the potential success of the proposed 
program. Areas to be considered in the evaluation of the overall 
quality of the proposed program are:
    (1) Outreach, recruitment and selection activities: A description 
of the proposed (a) outreach, recruitment (including specific steps to 
be taken to attract potential eligible participants who are unlikely to 
be aware of this program because of race, ethnicity, sex, or 
disability) and selection strategies; (b) special outreach efforts to 
recruit eligible young women and young women with dependent children; 
and (c) recruitment arrangements made with public agencies, courts, 
homeless shelters, local school systems, community-based organizations, 
etc.;
    (2) Educational and job training services and activities: A 
description of the educational component of the program, including: (a) 
the types of instructional services to be provided; (b) the number and 
qualifications of program instructors and ratio of instructors to 
participants; (c) realistic scheduling plan for classroom and on-the-
job training; and (d) reasonable payments of participant wages, 
stipends, and incentives.
    (3) Leadership development and support services: A description of 
the leadership development, counseling, and referral services to be 
offered to participants, including: (a) leadership development 
strategies and activities and plans to build group cohesion and peer 
support; and (b) the type of counseling and support services and/or 
need-based stipends to be provided.
    (4) Coordination and Cost-efficiency: A description of how the 
Youthbuild program will benefit the maximum number of young adults by 
making use of other public and private resources, programs, services 
and facilities to sufficiently reduce the cost burden to the Youthbuild 
program in the following areas: (a) educational, job training, child 
care, social services, counseling and referral services; (b) on-site 
housing construction/rehabilitation training; (c) homeless and housing 
programs; (d) apprenticeship programs of local building trade unions; 
and (e) administrative, overhead and salary costs.
    (5) On-site training: A description of (a) the housing construction 
or rehabilitation activities to be undertaken by participants at the 
site(s) to be used for the on-site training component of the program, 
(b) the qualifications and number of on-site supervisors; and (c) the 
amounts, reasonable wages and/or stipends to be paid to participants 
during on-site work.
    (6) Job placement assistance: A description of the applicant's 
strategies and procedures for (a) participant placement in meaningful 
employment, enrollment in post-secondary education programs, job 
development, starting business enterprises, or other opportunities 
leading to economic independence; and (b) follow-up assistance and 
support activities to program graduates.
    (7) Program evaluation: A description of a comprehensive evaluation 
plan that is designed to measure the success of the program.
    (8) Innovativeness and creativity.

D. Program Resources

    Commitment of resources obtained from other Federal, State, local 
and private sources. (Maximum Points: 10) In assigning points for this 
criterion, HUD will consider the level of non-housing resources 
obtained for cash or in-kind contributions to cover the following kinds 
of areas:
    (1) Social services (i.e, counseling and training);
    (2) Use of existing vocational, adult, bilingual educational 
courses;
    (3) Donation of labor, resource personnel, supplies, materials, 
classroom and/or meeting space;
    (4) other commitments.

E. Empowerment Zone/Enterprise Community

    Up to 10 points will be assigned if the proposed Youthbuild 
program's participant recruitment and/or housing areas are, in whole or 
in part, in a Federally designated urban or rural Empowerment Zone, 
Enterprise Community, or Supplemental Empowerment Zone, as selected by 
HUD. Application must receive a combined score of at least 50 points 
for selection criteria (A), (B) and (C) under Section III in order be 
eligible for Empowerment Zone/Enterprise Community points.

F. AmeriCorps Participation Bonus

    Up to 5 points may be assigned to Youthbuild applicants who provide 
evidence of application and/or selection as an AmeriCorps program 
sponsor. Application must receive a combined score of at least 50 
points for selection criteria (A), (B) and (C) under Section III 

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in order be eligible for Empowerment Zone/Enterprise Community points.

G. Housing Program Priority Points

    Ten (10) priority points will be assigned to all applications that 
contain evidence of housing resources from other Federal, State, local 
or private sources are available to cover the costs, in full, for the 
following housing activities for the proposed Youthbuild program: 
acquisition, architectural and engineering fees, construction, and 
rehabilitation. Implementation applications proposing to use Youthbuild 
grant funds, in whole or in part, for any one of the housing activities 
listed above will not be entitled to the ten priority points. Housing 
resources will not be used in evaluation of program resources 
criterion.

IV. Application Requirements

    Applicants must complete and submit applications for Youthbuild 
grants in accordance with instructions contained in the FY 1996 
Youthbuild 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. The application package requires a 
description of the applicant's and participating parties' experiences 
in young adult and housing programs, a description of the proposed 
Youthbuild program, a description of other public and private resources 
to be used for the program, including other housing resources, a 
schedule for the program, budgets, identification of housing sites(s), 
and demonstration of site access. The application package also contains 
certifications that the applicant will comply with fair housing and 
civil rights requirements, program regulations, regulations in 24 CFR 
part 135 with regard to economic opportunities for low-income persons 
and business concerns, and other Federal requirements. Applicants must 
also certify that the proposed activities are consistent with the HUD-
approved Consolidated Plan in accordance with 24 CFR part 91. 
Applicants should refer to the Youthbuild application package for 
further instructions.

V. Selection process

    In order to afford applicants every opportunity to submit a ratable 
application, while at the same time ensuring the fairness and integrity 
of the selection process, HUD is adopting the following application 
submission and selection procedures:

A. Initial Screening

    During the period immediately following the application deadline, 
HUD will screen each application to determine eligibility. Applications 
will be rejected if they (1) Are submitted by ineligible applicants, 
(2) do not use the current FY 96 application package, (3) propose a 
program for which significant activities are ineligible, (4) there are 
any outstanding findings of noncompliance with civil rights statutes, 
Executive Orders, or regulations, as a result of formal administrative 
proceedings, or the Secretary has issued a charge against the applicant 
under the Fair Housing Act, unless the applicant is operating under a 
conciliation or compliance agreement designed to correct the areas of 
noncompliance, and (5) are submitted by applicants that have major 
unresolved audit or monitoring findings.

B. Rating and Ranking

    Each eligible application will be rated based upon the criteria 
described in section III of this NOFA, with a maximum of 115 points 
assigned. Using the scores assigned, the applications will be placed in 
rank order. Applications will be preliminarily selected for funding in 
accordance with their rank order. To promote geographic diversity, HUD 
reserves the right to select lower-rated applications if necessary or 
to limit the amount or number of awards per application, project, 
program, jurisdiction or State.
    If two or more applications have the same score and there are 
insufficient funds to fund all of them, the application(s) with the 
highest score for the Program Quality and Feasibility criterion shall 
be selected for funding. If a tie still remains, the application(s) 
with the highest score for the Capability criterion shall be selected. 
In the event of a procedural error that, when corrected, would result 
in selection of an otherwise eligible applicant during the funding 
round under this NOFA, HUD may select that application when sufficient 
funds become available.

C. Clarification of Application Information

    In accordance with the provisions of 24 CFR part 4, subpart B, HUD 
may contact an applicant to seek clarification of an item in the 
application, or to request additional or missing information, but the 
clarification or the request for additional or missing information 
shall not relate to items that would improve the substantive quality of 
the application pertinent to the funding decision. For the Youthbuild 
program, these clarification items include, but are not limited to: (a) 
missing or unsigned program certifications; (b) budget errors or 
inconsistencies; (c) failure to identify the address or equivalent 
property site identification for the housing project(s) to be used for 
the on-site training; (d) incomplete documentation to show that the 
applicant has obtained access to the housing site(s) if the applicant 
does not own it; (e) failure to structure the proposed program so that 
fifty percent of the time spent by program participants is devoted to 
educational and support services and activities and fifty percent to 
on-site training; (f) failure to target the outreach and recruitment 
efforts to disadvantaged young adults between the ages of 16 and 24 
years old; and (g) failure to designate the housing to be produced in 
conjunction with the program for the use of the homeless and low- and 
very low-income families. If an applicant fails to provide the 
clarification as requested, the application may be rejected.

D. Potential Environmental Disqualification

    HUD reserves the right to disqualify an implementation application 
where one or more environmental thresholds are exceeded if it is 
determined that the environmental review cannot be conducted and 
satisfactorily completed by HUD within the HUD review period. (See 24 
CFR 585.307.)

E. Reduction in Requested Grant Amount

    As provided in Section B above, HUD may approve an application for 
an amount lower than the amount requested by the applicant. In 
addition, HUD will adjust line items in the proposed grant budget 
within the amount requested if it determines that:
    (1) The amount requested for one or more eligible activities is not 
supported in the application or is unreasonably related to the service 
or activity to be carried out;
    (2) An activity proposed for funding does not qualify as an 
eligible activity and can be separated in the budget;
    (3) The amount requested exceeds the total cost limitation 
established for an implementation grant; or
    (4) Insufficient funds remain for the entire request.

F. Notification of Approval or Disapproval

    HUD will notify the selected applicants and the applicants that 
have not been selected. HUD's notification to a selected applicant of 
the amount of the 

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grant award, based on the approved application, will constitute a 
preliminary approval by HUD, subject to HUD and recipient execution of 
the grant agreement to initiate program activities.

VI. Other Matters

A. Environmental Impact.

    A Finding of No Significant Impact with respect to the environment 
has been made in accordance with HUD regulations at 24 CFR part 50, 
which implement section 102(2)(C) of the National Environmental Policy 
Act of 1969 (42 U.S.C. 4332). The Finding is available for public 
inspection between 7:30 a.m. and 5:30 p.m. weekdays in the Office of 
the Rules Docket Clerk, Office of the General Counsel, Department of 
Housing and Urban Development, Room 10276, 451 Seventh Street, SW, 
Washington, DC 20410.

B. Family Executive Order

    The General Counsel, as the Designated Official under Executive 
Order 12606, The Family, has determined that some of the policies 
contained in this NOFA will have a potential significant impact on the 
formation, maintenance, and general well-being of the family. The 
expected expansion of the housing supply for homeless and low- and very 
low-income persons and the provision of opportunities to economically 
disadvantaged young adults to enhance their education and employment 
skills will provide a positive impact on the family maintenance and 
general well-being. However, since the impact on the family is 
beneficial and the program involves very little HUD discretion, no 
further review is necessary.

C. Federalism Executive Order

    The General Counsel, as the Designated Official under section 6(a) 
of the Executive Order 12612, Federalism, has determined that the 
policies contained in this NOFA do not have ``Federalism'' implications 
because they do not have substantial direct effects on the States 
(including their political subdivisions), or on the distribution of 
power and responsibilities among the various levels of government.

D. Section 102 of the HUD Reform Act--Accountability in the Provision 
of HUD Assistance

1. Documentation and Public Access
    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 thirty 
days after the award for 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 part 12, subpart B, and the notice 
published in the Federal Register on January 16, 1992 (57 FR 1942) for 
further information on these requirements.)
2. Disclosures
    HUD will make available to the public for five years all applicant 
disclosure reports (form HUD-2880) submitted in connection with this 
NOFA. Update reports (also form HUD-2880) will be made available along 
with the applicants disclosure reports, but in no case for a period of 
less than three years. All reports--both applicant disclosures and 
updates--will be made available in accordance with the Freedom of 
Information Act (95 U.S.C. 552) and HUD's implementing regulations at 
24 CFR part 15. (See 24 CFR part 12, subpart C, and the notice 
published in the Federal Register on January 16, 1992 (57 FR 1942) for 
further information on disclosure requirements.)

E. Section 103 of the HUD Reform Act--Prohibition of Advance 
Disclosures of Funding Decisions

    HUD's regulation implementing section 103 of the Department of 
Housing and Urban Development Reform Act of 1989, 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 or employees who have ethics related questions should 
contact the HUD Office of Ethics (202) 708-3815. (This is not a toll-
free number.) For HUD employees who have specific program questions, 
such as whether particular subject matter can be discussed with persons 
outside HUD, the employee should contact the appropriate Regional or 
Field Office Counsel, or Headquarters counsel for the program to which 
the question pertains.

F. 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) 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 and 7 CFR part 1944, Subpart 
G, 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.
    Indian Housing Authorities (IHAs) established by an Indian tribe as 
a result of the exercise of the tribe's sovereign power are excluded 
from coverage of the Byrd Amendment, but IHAs established under State 
law are not excluded from the statute's coverage.
    Required Reporting. A certification is required at the time 
application for funds is made that Federally appropriated funds are not 
being or have not been used in violation of section 319 and the 
disclosure will be made of payments for lobbying with other than 
federally appropriated funds. Also, there is a standard disclosure 
form, SF-LLL, ``Disclosure Form to Report Lobbying'', which must be use 
to disclose lobbying with other than Federally appropriated funds at 
the time of application.

G. Drug-Free Workplace

    The Drug-Free Workplace Act of 1988 (41 U.S.C. 701) requires 
grantees of Federal agencies to certify that they will provide drug-
free workplaces. Each potential recipient under this NOFA must certify 
that it will comply with the drug-free workplace requirements of the 

[[Page 8447]]
Drug-Free Workplace Act of 1988 and HUD's implementing regulations at 
24 CFR part 24, subpart F.

H. Catalog of Federal Domestic Assistance

    The Catalog of Federal Domestic Assistance program title and number 
is 14.243.

    Authority: 42 U.S.C. 8011; Pub.L. 102-550.

    Dated: January 6, 1996.
Andrew Cuomo,
Assistant Secretary for Community Planning and Development.
[FR Doc. 96-4680 Filed 3-1-96; 8:45 am]
BILLING CODE 4210-29-P