[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] ----------------------------------------------------------------------- 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). ----------------------------------------------------------------------- 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