[Federal Register Volume 62, Number 227 (Tuesday, November 25, 1997)]
[Notices]
[Pages 62802-62803]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-30895]


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DEPARTMENT OF THE TREASURY

Community Development Financial Institutions Fund
RIN 1505-AA71


Bank Enterprise Award Program; Amended Notice of Funds 
Availability (NOFA) for the Bank Enterprise Award (BEA) Program

AGENCY: Community Development Financial Institutions Fund, Department.

ACTION: Amended Notice of Funds Availability (NOFA).

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SUMMARY: The Community Development Financial Institutions Fund (the 
Fund) issues this amendment to the Notice of Funds Availability (NOFA) 
published in the Federal Register on March 7, 1997, which invited 
applications for the Bank Enterprise Award (BEA) Program. That NOFA 
identified the applicable Assessment Period as March 1, 1997 through 
August 31, 1997. Since publication, the Fund has learned that technical 
advice that the Fund provided to an entity in connection with the 
entity's certification as a Community Development Financial Institution 
(CDFI) under 12 CFR part 1805 may have led the entity to obtain 
investment capital from insured depository institutions prior to the 
commencement of the Assessment Period. Currently, pursuant to the BEA 
Program as set forth in the March 7, 1997 NOFA and the BEA Program 
regulations at 12 CFR part 1806, CDFI Related Activities carried out by 
insured depository institutions before March 1, 1997 are not eligible 
for an award. To fulfill the purpose of the Community Development 
Banking and Financial Institutions Act of 1994 (12 U.S.C. 4701 et 
seq.), the Fund will allow insured depository institution applicants 
the option of electing an Assessment Period from February 1, 1997 
through July 31, 1997, provided that they meet certain conditions. The 
Fund is confident that there are sufficient funds available to make 
full cash awards to all insured depository institution applicants in 
the second round of the BEA Program that qualified to receive awards, 
and assures all such applicants that no awards will be reduced as a 
result of this amendment.

DATES: Elections must be received in the offices of the Fund on or 
before December 12, 1997.

ADDRESSES: Elections shall be mailed or faxed to: The Community 
Development Financial Institutions Fund, U.S. Department of the 
Treasury, 601 13th Street, NW, Suite 200 South, Washington, D.C. 20005, 
Fax Number (202) 622-7754.

FOR FURTHER INFORMATION CONTACT: The Community Development Financial 
Institutions Fund, U.S. Department of the Treasury, 601 13th Street, 
NW, Suite 200 South, Washington, D.C. 20005, or call (202) 622-8662.

SUPPLEMENTARY INFORMATION:

I. Background

    The purpose of the Community Development Banking and Financial 
Institutions Act of 1994 (Act) was to create the Fund to promote 
economic revitalization and community development through investment in 
and assistance to Community Development Financial Institutions (CDFIs). 
The Fund's BEA Program helps achieve this purpose through an incentive 
system for insured depository institutions to increase their lending to 
and investment in CDFIs by rewarding participating institutions with 
awards.

II. Reasons for Amending the March 7, 1997 Notice of Funds 
Availability

    In early 1997, the Fund provided technical advice to an entity 
regarding the Fund's requirements for certification as a CDFI under 12 
CFR part 1805. The Fund understands that its technical advice led the 
entity to obtain investment capital from insured depository 
institutions in February 1997, and that the Fund also certified it as a 
CDFI in February 1997.
    Under the BEA Program, insured depository institutions which engage 
in CDFI Related Activities, including equity investments in CDFIs, 
during an Assessment Period will be eligible for an award (see 12 CFR 
part 1806). The Fund sets forth the applicable Assessment Period in a 
Notice of Funds Availability (NOFA). On March 7, 1997 (62 FR 10679), 
the Fund published a NOFA in the Federal Register setting the 
applicable Assessment Period as March 1, 1997 through August 31, 1997. 
As a result, CDFI Related Activities conducted by insured depository 
institutions in February 1997 are not eligible for a Bank Enterprise 
Award.
    The Fund believes that such a result would be inconsistent with the 
purpose of the Act under circumstances where insured depository 
institutions carried out CDFI Related Activities prior to the 
Assessment Period as a direct or indirect result of the Fund's 
technical advice, and would have carried out such activities during the 
Assessment Period but for such advice. Specifically, the Act is 
intended to reward insured depository institutions for increased 
investments in CDFIs. If the Fund does not amend the NOFA, at least two 
insured depository institutions would not be eligible to receive a Bank 
Enterprise Award for CDFI Related Activities carried out in February 
1997.

III. Amended Optional Assessment Period

    The amended optional Assessment Period is February 1, 1997 through 
July 31, 1997.

IV. Eligibility

    Any insured depository institution that timely submitted to the 
Fund an application in response to the March 7, 1997 NOFA may elect the 
amended

[[Page 62803]]

optional Assessment Period, provided that the Fund receives the 
following by the date set forth above:

    (a) A detailed written explanation, with any and all supporting 
documentation, describing the Fund's technical advice, the impact of 
such advice on the insured depository institution's carrying out of 
CDFI Related Activities in February 1997; and
    (b) A revised ``Worksheet,'' ``Certification,'' and 
``Documentation'' to reflect the Qualified Activities carried out 
during the February 1, 1997 through July 31, 1997 Assessment Period 
(see 12 CFR 1806.301 and 1806.202(d)).

V. Acceptance

    Elections received in the offices of the Fund after the date set 
forth above will be rejected. The Fund will accept a timely election 
from an eligible insured depository institution which meets its burden 
of establishing to the Fund that: (1) it carried out CDFI Related 
Activities in February 1997 as a direct or indirect result of the 
Fund's technical advice; and (2) it would have carried out those 
Activities during the March 1, 1997 through August 31, 1997 Assessment 
Period but for the Fund's technical advice. The Fund reserves the right 
to make follow-up inquiries.

    Authority: 12 U.S.C. 1834a, 4701, 4704, 4713; 12 CFR part 1806.
Maurice A. Jones,
Acting Deputy Director.
[FR Doc. 97-30895 Filed 11-24-97; 8:45 am]
BILLING CODE 4810-70-P