[Federal Register Volume 63, Number 63 (Thursday, April 2, 1998)]
[Notices]
[Pages 16340-16345]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-8333]
[[Page 16339]]
_______________________________________________________________________
Part III
Department of Housing and Urban Development
_______________________________________________________________________
Consolidated Notice of Funding Availability for Work Study Programs;
Notice
Federal Register / Vol. 63, No. 63 / Thursday, April 2, 1998 /
Notices
[[Page 16340]]
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
[Docket No. FR-4328-N-01]
Consolidated Notice of Funding Availability For Work Study
Programs
AGENCY: Office of the Secretary, HUD.
ACTION: Consolidated Notice of Funding Availability for Work Student
Programs.
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SUMMARY: This Notice of Funding Availability (NOFA) announces the
availability of $6.5 million in HUD program funds covering two work
study programs: the Community Development Work Study Program and the
Hispanic-serving Institutions Work Study Program.
The NOFA invites applications from institutions of higher
education, area-wide planning organizations (APOs), and States for
grants under the Community Development Work Study Program (CDWSP) to
provide assistance to economically disadvantaged and minority graduate
students who participate in community development work study programs
and are enrolled full-time in a graduate community building academic
degree program. This notice announces HUD's intention to award up to
$3.5 million from FY 1998 appropriations (plus any additional funds
recaptured from prior appropriations) to fund work study programs to be
carried out from August 1998 to September 2000.
The NOFA also invites applications from Hispanic-serving community
colleges for grants under the Hispanic-serving Institutions Work Study
Program (HSI-WSP) to provide assistance to economically disadvantaged
and minority community college students who participate in community
building work study programs and are enrolled full-time in an associate
community building academic degree program. This Notice announces HUD's
intention to award up to $3 million from FY 1998 appropriations to fund
work study programs to be carried out from August 1998 to August 2000.
The specific statutory and regulatory requirements of the two work
study programs have not been changed. This NOFA reflects the statutory
requirements and differences in the two programs. Please pay careful
attention to the individual program requirements that are identified
for each of these programs. In the body of this NOFA is information
concerning:
a. The purpose and background of the NOFA, and the funding level
provided through this NOFA;
b. Eligible applicants and activities, factors for award, and award
requirements; and
c. The application requirements and steps involved in the
applications process.
APPLICATION DUE DATE: Completed applications (an original and three
copies) must be received no later than 4:30 p.m. Eastern Standard Time
May 19, 1998. In the interest of all competing applicants, an
application will be considered as ineligible for consideration if it is
not physically received by the deadline date and hour at the place
noted below under ADDRESSES. Applicants should take this requirement
into account and make early submission of their materials to avoid any
risk of losing eligibility brought about by unanticipated delays or
other delivery related problems. Applicants hand-delivering
applications are advised that considerable delays may occur in
attempting to enter the building because of security procedures.
ADDRESSES: Application kits may be obtained by calling the SuperNOFA
Information Center at 1-800-HUD-8929. Persons with hearing or speech
impairments may call the Center's TTY number at 1-800-483-2209. (These
numbers are toll-free.) Requests for application kits must include the
applicant's name, mailing address (including zip code), telephone
number (including area code), and must refer to the ``FR-4328.''
Applicants are requested to identify the specific program for which an
application kit is being requested, as the two programs have different
application kits. In addition, the application kit is available on the
Internet from HUD's web site at WWW.HUD.GOV.
Completed applications (an original and three copies) must be
submitted to: the Office of University Partnerships, in care of the
Division of Budget, Contracts, and Program Control, Room 8230, U.S.
Department of Housing and Urban Development, 451 7th Street, SW,
Washington, DC 20410. Facsimile copies will not be accepted.
FOR FURTHER INFORMATION CONTACT: Jane Karadbil, Office of University
Partnerships at (202) 708-1537, ext. 5918. (This is not a toll-free
number.) Hearing-or speech-impaired individuals may access this number
via TTY by calling the Federal Information Relay Service at 1-800-877-
8339 (this number is toll free). Ms. Karadbil can also be reached via
the Internet at: Jane__R.__K[email protected].
ADDITIONAL INFORMATION:
Paperwork Reduction Act Statement
The information collection requirements contained in this NOFA have
been approved by the Office of Management and Budget, under the
Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520) and assigned the
following OMB Control Numbers: Community Development Work Study
Program, 2528-0175; Hispanic-Serving Institutions Work Study Program,
2528-0182. An agency may not conduct or sponsor, and a person is not
required to respond to, a collection of information unless the
collection displays a valid control number.
I. Authorities; Purpose; Amounts Allocated; Program Requirements
A. Authorities
1. Community Development Work Study Program (CDWSP): Section 107(c)
of the Housing and Community Development Act of 1974, as amended (42
U.S.C. 5301 et seq.) authorizes CDWSP.
2. Hispanic-serving Institutions Work Study Program (HSI-WSP):
Section 107(c) of the Housing and Community Development Act of 1974, as
amended (42 U.S.C. 5307(c). Since Fiscal Year 1996, legislative history
accompanying the Department's appropriations acts has earmarked funds
under the Community Development Work Study Program for Hispanic-serving
Institutions.
B. Purpose
The purpose of this NOFA is to:
1. Strengthen the ability of colleges and universities and their
State and local government and non-profit organization partners to make
more effective use of housing and community development program funding
available from the Department and to use these available resources to
implement coordinated housing and community development strategies
established in local consolidated plans; and
2. Promote methods for developing more coordinated and effective
approaches to dealing with urban and rural problems by recognizing the
interconnections among the underlying problems and ways to address them
through over-laying of available HUD programs.
C. Amounts Allocated
1. CDWSP $3,500,000, plus any additional funds recaptured from
prior appropriations.
2. HSI-WSP $3,000,000.
D. General Program Requirements
1. Statutory Requirements. All applicants must comply with all
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statutory and regulatory requirements applicable to the program for
which they are seeking funding in order to be awarded funds. CDWSP
regulations can be found at 24 CFR part 570.415. HSI-WSP regulations
can be found in the Federal Register dated April 9, 1997, on pages
17492 through 17496. Copies of the appropriate regulations are included
in the application kit and also contained on the HUD web site.
2. Eligibility of the Institution. The applicant must demonstrate
that it is eligible to apply for the program:
a. For CDWSP, an eligible applicant is (1) an institution of higher
education offering graduate degrees in a community development academic
program, (2) an Area-wide Planning Organization (APO) applying on
behalf of two or more eligible institutions of higher education located
in the same SMSA or non-SMSA as the APO (as a result of a final rule
for the program published at 24 CFR 570.415, institutions of higher
education are permitted to choose whether to apply independently or
through an APO); or (3) a State applying on behalf of two or more
eligible institutions of higher education located in the State. If a
State is approved for funding, institutions of higher education located
in the State are not eligible recipients.
b. For HSI-WSP, an eligible applicant is a public or private
nonprofit Hispanic-serving institution of higher education offering
only two-year degrees in at least one community building academic
degree program. To be an eligible Hispanic-serving institution, the
applicant must meet the statutory definition of such an institution
contained in Title III of the Higher Education Act of 1965 (20 U.S.C.
1059c(b)(1). This statute defines an HSI generally as an eligible
institution of higher education that has an enrollment of undergraduate
full-time students that is at least 25 percent Hispanic; in which not
less than 50 percent of the Hispanic students are low-income
individuals (i.e., their families' taxable income for the preceding
year did not exceed 150 percent of the poverty level) who are first
generation college students; and in which another 25 percent of the
Hispanic students are either low-income individuals or first-generation
college students. Previously, HUD used a list of Hispanic-serving
Institutions issued by the Department of Education to determine
eligibility. But a revision to program regulations issued in the
Federal Register on February 25, 1998, 63 FR 9682, eliminates the use
of that list and allows applicants to certify that they meet the
statutory definition.
3. Eligibility of the Degree Program.
a. For CDWSP, an eligible community building academic degree
program includes but is not limited to graduate degree programs in
community and economic development, community planning, community
management, public administration, public policy, urban economics,
urban management, and urban planning. The term excludes social and
humanistic fields such as law, economics (except for urban economics),
education, and history. The term also excludes joint degree programs
except where both joint degree fields have the purpose and focus of
educating students in community building.
b. For HSI, an eligible community building academic degree program
is defined as an undergraduate associate degree program whose purpose
and focus is to educate students in community building. The terms
``community building academic program'' or ``academic program'' refer
to the types of academic programs encompassed in the statutory phrase
``community or economic development, community planning, or community
management.'' For purposes of HSI-WSP, such programs include, but are
not limited to associate degrees on community and economic development,
community planning, community management, public administration, public
policy, urban economics, urban management, urban planning, land use
planning, housing and related fields of study. Related fields of study
that promote community building, such as administration of justice,
child development, and human services delivery are eligible, while
fields such as natural sciences, computer sciences, mathematics,
accounting, electronics, engineering, and the humanities (such as
English literature or history) would not be. A transfer program (i.e.,
one that leads to transfer to a four-year institution of higher
education for the student's junior year) in a community building
academic discipline is only eligible if the student is required to
declare his/her major in this discipline while at the community
college.
c. For both programs, applicants are encouraged to contact Jane
Karadbil at the above listed telephone number if they have any
questions about eligibility of a proposed degree program.
4. Compliance with Fair Housing and Civil Rights Laws. All
applicants must comply with all applicable statutory and regulatory
fair housing and civil rights laws as enumerated in 24 CFR 5.105(a). If
the applicant has been charged with a violation of the Fair Housing Act
by the Department or the Department of Justice or if an applicant has
received a letter of noncompliance findings under Title VI of the Civil
Rights Act of 1964, Section 504 of the Rehabilitation Act, or Section
109 of the Housing and Community Development Act, the applicant is not
eligible to apply for funding under this NOFA until the applicant
resolves such charge or letter of findings to the satisfaction of the
Department.
5. Forms, Certifications and Assurances. Each applicant must submit
signed copies of the following assurances and certifications:
a. Standard Form (SF) 424-B, Assurances for Non-construction
Programs;
b. Drug-Free Workplace Certification (HUD-50070);
c. Certification and Disclosure Form Regarding Lobbying Activities
(SF-LLL);
d. Applicant/Recipient Disclosure Update Report (HUD-2880); and
e. Certification from an Independent Public Accountant or the
cognizant government auditor stating that the financial management
system employed by the applicant meets proscribed standards for fund
control and accountability required by the pertinent OMB Circular.
6. Other Required Forms and Agreements. The application kit
includes the required budget forms. Applicants are also required to
submit draft student and work placement agreements, although HUD does
not provide forms or samples of these documents.
7. Negotiations. After all applications have been rated and ranked
and selections have been made, HUD may require winners to participate
in negotiations to determine the Grant Budget. In cases where HUD
cannot successfully conclude negotiations, or a selected applicant
fails to provide HUD with requested information, awards will not be
made. In such instances, HUD may elect to offer an award to the next
highest ranking applicant, and proceed with negotiations with the next
highest applicant.
II. Application Selection Process
A. Two Types of Reviews
Applicants must complete and submit applications in accordance with
instructions contained in the application kit, and must include all
certifications, assurances, and budget information requested in the
kit. Following the expiration of the application submission deadline,
HUD will review for threshold requirements, rate, and rank applications
in a manner consistent with the procedures
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described in this Notice and the provisions of the program regulations.
Two types of reviews will be conducted--a threshold review to
determine applicant eligibility and a rating based on the selection
criteria for all applications that pass the threshold review.
B. Threshold Criteria for Funding Consideration.
1. General threshold requirements. Applicants for either program
must meet the following threshold requirements:
a. The applicant must be eligible to apply for the specific
program.
b. The applicant must be in compliance with applicable civil rights
laws and Executive Orders. The Department will use the following
standards to assess compliance with civil rights laws at the threshold
review. In making this assessment, the Department shall review
appropriate records maintained by the Office of Fair Housing and Equal
Opportunity, e.g., records of monitoring, audit, or compliance review
findings, complaint determinations, compliance agreements, etc. If the
review reveals the existence of any of the following, the application
will be rejected:
(1) There is a pending civil rights suit against the applicant
instituted by the Department of Justice;
(2) There is an outstanding finding of noncompliance with civil
rights statutes, Executive Orders, or regulations as a result of formal
administrative proceedings, unless the applicant is operating under a
HUD-approved compliance agreement designed to correct the area of
noncompliance, or is currently negotiating such an agreement with the
Department.
(3) There is an unresolved Secretarial charge of discrimination
issued under Section 810(g) of the Fair Housing Act, as implemented by
24 CFR 103.400.
(4) There has been an adjudication of a civil rights violation in a
civil action brought against it by a private individual, unless the
applicant is operating under a court order designed to correct the area
of noncompliance or the applicant has discharged any responsibility
arising from such litigation.
(5) There has been a deferral of the processing applications from
the applicant imposed by HUD under Title VI of the Civil Rights Act of
1964, the Attorney General's Guidelines (28 CFR 1.8) and procedures, or
under Section 504 of the Rehabilitation Act of 1973 and the HUD Section
504 regulations (24 CFR 8.57).
2. Additional threshold requirements for CDWSP. For CDWSP these
additional threshold requirements must be met before an application can
be rated and ranked.
a. Number of students to be assisted. An applicant may request
funding for up to five students, but in any case, for no less than
three students. Since the work plan and other facets of the evaluation
are assessed in the context of the number of students to be assisted.
An applicant students for whom funding is requested, any application
containing a request for fewer than three or more than five students
per institution will be disqualified.
b. Eligibility of the Applicant and Its Proposed Academic Degree
Program. The applicant must demonstrate that it is eligible to
participate in the program, by demonstrating that it is either is an
institution of higher education that offers graduate degrees in at
least one eligible community building academic program or is an APO or
State submitting an application submitting an application on behalf of
such institutions. An application must also demonstrate that each
institution participating in the program has the faculty to carry out
its activities under the program. Each work placement agency must be
involved in community building and must be an agency of a State or unit
of local government, an area-wide planning organization, an Indian
tribe, or a private nonprofit organization.
c. Graduation Rates. Institutions of higher education, APOs, and
States must maintain at least a 50 percent rate of graduation of
students from the FY 1995 funding round, which covered school years
September 1995 to September 1997, in order to be eligible to
participate in the current round of CDWSP funding. Institutions of
higher education, APOs, and States funded under the FY 1995 CDWSP
funding round that did not maintain such a rate will be excluded from
participating in the FY 1998 funding round. Such institutions, APOs,
and States will be eligible to participate in the 1999 round.
3. Additional threshold requirements for HSI-WSP. For HSI-WSP these
additional threshold requirements must be met before an application can
be reviewed and ranked.
a. Number of students to be assisted. An applicant may request
funding for up to 10 students, and no less than three students. Please
note that an applicant can request funding for less than 10 students.
Since the work plan and other facets of the evaluation are assessed in
the context of the number of students for whom funding is requested,
any application requesting assistance for fewer than three students
will be disqualified.
b. Eligible applicant and academic degree program. The applicant
must demonstrate that it is eligible to participate in HSI-WSP, by
demonstrating that it is a public or private nonprofit Hispanic-serving
Institution offering only two-year degrees, in at least one eligible
community building academic program. Applicants will be required to
certify that they meet the statutory definition of an HSI.
C. Application Rating
To review and rate applications, the Department may establish
panels including persons not currently employed by HUD to obtain
certain expertise and outside points of view, including views from
other Federal agencies. Applicants will be evaluated competitively and
ranked against all other applicants that have applied for the same
funding program.
HUD reserves the right to reduce the amount of funding for an
applicant in order to fund as many highly ranked applications as
possible. Additionally, if funds remain after funding the highest
ranked application, HUD may fund part of the next highest ranking
application (as long as it would provide assistance to the minimum
number of students required to be served) in a given program area. If
an applicant turns down the award offer, HUD will make the same
determination for the next highest-ranking application. If funds remain
after all selections have been made, the remaining will be carried over
to the next funding cycle's competition.
D. General Factors for Award Used To Evaluate and Rank Applications.
The factors for rating and ranking applicants, and maximum points
for each factor, are provided below. The maximum number of points for
each program is 100. The rating of the applicant or the applicants
organization and staff, unless otherwise specified, will include any
sub-contractors, consultants, sub-recipients, and members of consortia
that are firmly committed to the project, to the extent of their
participation.
E. Summary of Selection Factors
Following is a summary of the selection factors common to both
programs, and the points for each of these factors, by program.
1. Quality of the Academic Program
a. CDWSP--30 points. For CDWSP, HUD will evaluate the quality of
the
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academic program offered by the institution of higher education (or
institutions, in the case of an application from an APO or State)
including, without limitation, the:
(1) Quality of course offerings;
(2) Appropriateness of course offerings for preparing students for
careers in community building; and
(3) Qualifications of the faculty and percentage of their time
devoted to teaching and research in community building.
b. HSI-WSP--40 points. For HSI-WSP HUD will evaluate:
(1) The quality of the academic program in terms of the community
building course offerings, and academic requirements for students,
including the likelihood of the academic program to prepare students to
work with their designated populations in their community building
careers (25 points). Applicants should describe the specific courses to
be offered in the academic program, the populations to be served in the
careers these academic programs will lead to, and how the courses will
equip students to work with these populations.
(2) The qualifications of the faculty members and the percentage of
time they will teach in the academic program and the qualifications of
the academic supervisor (who may or may not be the program supervisor)
to direct and manage the academic program (15 points).
2. Quality of the Work Placement Assignments
a. CDWSP--15 points. For CDWSP, HUD will evaluate the extent to
which participating students will receive a sufficient number and
variety of work placement assignments, the extent assignments will
provide practical and useful experience to students participating in
the program, and the extent assignments will further the participating
students' preparation for professional careers in community building.
In applying this factor, HUD will consider the quality and variety of
work placement agencies and the quality and variety of projects/
experiences at each agency and overall. Applicants must have a plan for
rotating students among work placement agencies. Students engaging in
community building projects through an institution of higher education
may do so only through a community outreach center, which will in that
instance be considered a work placement agency even if the community
building projects are undertaken with or through a separate
organization or entity. Accordingly, students engaging in community
building through an institution of higher education's outreach center
should do so during only part of their academic program and should
rotate to other work placement agency responsibilities identified in
the CDWSP regulations.
b. HSI-WSP--20 points. For HSI-WSP, HUD will evaluate the extent to
which participating students will receive a sufficient number and
variety of work placement assignments, the assignments will provide
practical and useful experience to students participating in the
program, and the assignments will further the participating students'
preparation for professional careers in community building. In
assessing the number and variety of assignments, HUD will consider both
the number and variety of work assignments available to a student
working at any site.
3. Effectiveness of Program Administration
a. CDWSP--18 points. For CDWSP, HUD will evaluate the degree to
which the applicant will be able to coordinate and administer the
program. HUD will allocate the maximum points available under this
criterion equally among the following three considerations, except that
the maximum points available under this criterion will be allocated
equally only between (1) and (2), where an applicant has not previously
administered a CDWSP-funded program.
(1) The strength and clarity of the applicant's plan for placing
CDWSP students on rotating work placement assignments and monitoring
CDWSP students' progress both academically and in their work placement
assignments;
(2) The degree to which the individual who will coordinate and
administer the program has clear responsibility, ample available time,
and sufficient authority to do so;
(3) The effectiveness of the applicant's prior coordination and
administration of a CDWSP-funded program, where applicable (including
the timeliness and completeness of the applicant's compliance with
CDWSP reporting requirements). In addressing the timeliness of reports,
the applicant should review its prior CDWSP grant agreements and
reports and compare when reports were due with the reports actually
submitted.
b. HSI-WSP--20 points. For HSI-WSP, HUD will evaluate:
(1) The degree to which the program director has clear
responsibility, ample percentage of time, and sufficient institutional
or academic authority to coordinate the overall administration of the
program; and
(2) The adequacy of the applicant's plan for placing students in
work placement assignments and keeping track of students during the
two-year academic period and work placement assignments.
4. Demonstrated Commitment of the Applicant to Meeting the Needs of
Economically Disadvantaged and Minority Students
a. CDWSP--10 points. For CDWSP, HUD will evaluate the applicant's
commitment to meeting the needs of economically disadvantaged and
minority students as demonstrated by the policies and plans regarding,
and past efforts and successes in, recruiting, enrolling and
financially assisting economically disadvantaged and minority students.
If the applicant is an APO or State, HUD will consider the demonstrated
commitment of each institution of higher education on whose behalf the
APO or State is applying; HUD will also consider the demonstrated
commitment of the APO or State to recruit and hire economically
disadvantaged and minority students.
b. HSI-WSP--10 points. For HSI-WSP, HUD will evaluate the extent to
which the applicant's recruitment activities, special education
programs, and other means, including the provision of reasonable
accommodations for students with disabilities, demonstrates an active,
aggressive, and imaginative effort to identify, attract, and retain
qualified minorities and economically disadvantaged students, including
students with disabilities; and the extent to which the HSI-WSP award
will not result in a decrease in the amount of the institution's own
financial support available for minority and economically disadvantaged
students, including students with disabilities, in the academic areas
or the institution as a whole.
F. Specialized Selection Factors
Following is a summary of the selection factors specific to each of
these programs, and the points for each of these factors, by program.
The application kit contains more detail on each factor. Applicants
must consult the kit before preparing their responses to these factors.
1. CDWSP
a. Rates of Graduation--7 points--HUD will evaluate the rates of
students previously enrolled in a community building academic degree
program, specifically (where applicable) graduation rates from any
previously
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funded CDWSP academic programs or similar programs.
b. Extent of Financial Commitment--10 points--HUD will evaluate the
commitment and ability of the institution of higher education (or
institutions, in the case of an application from an APO or State) to
assure that CDWSP students will receive sufficient financial assistance
above and beyond the CDWSP funding to complete their academic program
in a timely manner and without working in excess of 20 hours a week
during the school year. When addressing this issue, applicants should,
among other responsive information, delineate the full costs budgeted
annually for a student, explain the basis for the budget and explain
how the financial assistance package offered to each CDWSP student will
meet that budget. The applicant should have an adequate means of
addressing reasonable variations in budget needs among students and for
addressing emergency financial needs of students.
c. Likelihood of Fostering Students' Permanent Employment in
Community Building--10 points--HUD will evaluate the extent to which
the proposed program will lead participating students directly and
immediately to permanent employment in community building, as indicated
by:
(1) The past success of the institution of higher education in
placing its graduates (particularly CDWSP-funded and similar program
graduates, where applicable) in finding permanent employment in
community building; and
(2) The amount of faculty/staff time and resources devoted to
assisting students (particularly students in CDWSP-funded and similar
programs, where applicable) in finding permanent employment in
community building.
2. HSI-WSP
Likelihood of Fostering Students' Permanent Post-graduation
Employment in Community Building or Transfer to a Four-Year Institution
of Higher Education to Obtain a Bachelor's Degree in a Community
Building Academic Discipline--10 points--HUD will evaluate the extent
to which the institution's educational program (based on previous
experience), including the assistance it provides to its students in
finding post-graduation employment or transfer to a four-year
institution for a bachelor's degree in a community building academic
discipline, has led to career opportunities in community building
fields.
G. Corrections to Deficient Applications
HUD will screen each application that is timely received to
determine whether it is complete, and will notify an applicant in
writing of any technical deficiencies in the application.
The notification will specify the date by which HUD must receive
the applicant's correction of all technical deficiencies, which will be
within 14 calendar days from the date of HUD's notification. If the due
date falls on a Saturday, Sunday, or Federal holiday, the correction
must be received by HUD on the next day that is not a Saturday, Sunday,
or Federal holiday.
The correction period pertains only to non-substantive, technical
deficiencies or errors. Current law does not permit HUD to allow
substantive changes to applications after the due date. 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.
Examples of technical deficiencies would be a failure to submit proper
certifications or failure to submit an application containing an
original signature by an authorized official. If any of the items
identified in HUD's written notification are not corrected and
submitted within the required time period, the application will be
ineligible for further consideration.
H. Final Selection
All applications that are rated will be rank ordered based on their
total scores on the selection factors. Applications will be considered
for selection based on their rank order. For CDWSP only, HUD may make
awards out of rank order to achieve geographic diversity, and may
provide assistance to support a number of students that is less than
the number requested under an application (or in the case of CDWSP, a
lower funding level per student), in order to provide assistance to as
many highly ranked applications as possible.
If there is a tie in the point scores of two applications, the rank
order will be determined by the applicants' scores in both CDWSP and
HSI-WSP on the selection factor entitled ``Quality of the Academic
Program.'' The application with the most points on this factor will be
given the higher rank. If there is still a tie, the rank order will be
determined by the applicants' scores on the selection factor entitled:
1. Effectiveness of program administration for CDWSP; or
2. Commitment to meeting the needs of economically disadvantaged
and minority students for HSI-WSP.
The application with the most points for this selection factor will
be given the higher rank.
For CDWSP only, if there are insufficient funds to fund an
application, even if the application's request is reduced to the
minimum number of students which could be funded (i.e., three students
per institution of higher education), HUD may select the next ranked
application which would not exceed the funding left available and still
fund the minimum number of students allowed.
III. Promoting Comprehensive Approaches to Housing and Community
Development
HUD believes the best approach for addressing community problems is
through a community-based process that provides a comprehensive
response to identified needs. In this spirit, it may be helpful for
applicants under this NOFA to be aware of other related HUD NOFAs that
have been published or are expected to be published this fiscal year.
On March 31, 1998, HUD published in the Federal Register its SuperNOFA
on Housing and Community Development Programs. This SuperNOFA covered
19 HUD Housing and Community Development programs. The March 31, 1998
SuperNOFA is the first of three SuperNOFAs that will be published in
Fiscal Year 1998. By reviewing this first SuperNOFA, the two SuperNOFAs
to follow, and other individual NOFAs that HUD may publish with respect
to their program purposes and the eligibility of applicants and
activities, applicants may be able to relate the activities proposed
for funding under this NOFA to upcoming NOFAs and the community's
Consolidated Plan and Analysis of Impediments to Fair Housing Choice.
Applicants and interested parties may find out more about HUD's NOFAs
through the HUD web site on the Internet.
IV. Other Matters
1. Environmental Review
This NOFA does not direct, provide for assistance or loan and
mortgage insurance for, or otherwise govern or regulate real property
acquisition, disposition, leasing, rehabilitation, alteration,
demolition, or new construction, or establish, revise, or provide for
standards for construction or construction materials, manufactured
housing, or occupancy. Accordingly, under 24 CFR 50.19(c)(1), this NOFA
is
[[Page 16345]]
categorically excluded from environmental review under the National
Environmental Policy Act of 1969, as amended (42 U.S.C. 4321) and no
FONSI is needed. In addition, the provision of assistance under this
NOFA is categorically excluded from environmental review under
Sec. 50.19(b)(3) and (b)(9).
2. Federalism, Executive Order 12612
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 notice will not have substantial
direct effects on States or their political subdivisions, or the
relationship between the federal government and the States, or on the
distribution of power and responsibilities among the various levels of
government. This notice merely invites applications from certain
institutions of higher education for grants under CDWSP or HSI-WSP. As
a result, the notice is not subject to review under the Order.
3. Prohibition Against Lobbying Activities
Applicants for funding under this NOFA (except Indian Housing
Authorities established by tribal governments exercising their
sovereign powers with respect to expenditures specifically permitted by
Federal law) are subject to the provision of Section 319 of the
Department of Interior and Related Agencies Appropriations Act for
Fiscal Year 1991, 31 U.S.C. 1352 (the Byrd Amendment) and to the
provisions of the Lobbying Disclosure Act of 1995, P.L. 104-65
(December 19, 1995).
The Byrd Amendment, which is implemented in regulations at 24 CFR
part 87, prohibits applicants for Federal contracts and grants from
using appropriated funds to attempt to influence Federal Executive or
legislative officers or employees in connection with obtaining such
assistance, or with its extension, continuation, renewal, amendment, or
modification. The Byrd Amendment applies to the funds that are the
subject of this NOFA. Therefore, applicants must file a certification
stating that they have not made and will not make any prohibited
payments and, if any payments or agreement to make payments of
nonappropriated funds for these purposes have been made, a form SF-LLL
disclosing such payments must be submitted. The certification and the
SF-LLL are included in the application kit.
The Lobbying Disclosure Act of 1995, P.L. 104-65 (December 19,
1995), which repealed section 112 of the HUD Reform Act and resulted in
elimination of the regulations at 24 CFR part 86, requires all persons
and entities who lobby covered Executive or Legislative Branch
officials to register with the Secretary of the Senate and the Clerk of
the House of Representatives and file reports concerning their lobbying
activities.
4. Section 102 of the HUD Reform Act; Documentation and Public Access
Requirements
Section 102 of the Department of Housing and Urban Development
Reform Act of 1989 (HUD Reform Act) and the final rule codified at 24
CFR part 4, subpart A, published on April 1, 1996 (61 FR 1448), contain
a number of provisions that are designed to ensure greater
accountability and integrity in the provision of certain types of
assistance administered by HUD. On January 14, 1992, HUD published, at
57 FR 1942, a notice that also provides information on the
implementation of section 102. The documentation, public access, and
disclosure requirements of section 102 are applicable to assistance
awarded under this NOFA as follows:
a. Documentation and public access requirements. 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 Federal Register
notice of all recipients of HUD assistance awarded on a competitive
basis.
b. Disclosures. HUD will make available to the public for five
years all applicant disclosure reports (HUD Form 2880) submitted in
connection with this NOFA. Update reports (also Form 2880) will be made
available along with the applicant disclosure reports, but in no case
for a period less than three years. All reports--both applicant
disclosures and updates--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.
5. Section 103 of the HUD Reform Act
HUD's regulations implementing section 103 of the Department of
Housing and Urban Development Reform Act of 1989 (42 U.S.C. 3537a),
codified in 24 CFR part 4, apply to this funding competition. The
regulations 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
regulations 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, such as
whether particular subject matter can be discussed with persons outside
the Department, should contact HUD's Ethics Law Division (202) 708-3815
(voice), (202) 708-1112 (TTY). (These are not toll-free numbers.) For
HUD employees who have specific program questions, the employee should
contact the appropriate Field Office Counsel or Headquarters Counsel
for the program to which the question pertains.
6. Catalog of Federal Domestic Assistance
The Catalogue of Federal Domestic Assistance numbers for the two
programs are: CDWSP, 14.234; HSI-WSP, 14.513.
Dated: March 23, 1998.
Andrew M. Cuomo,
Secretary.
[FR Doc. 98-8333 Filed 4-1-98; 8:45 am]
BILLING CODE 4210-32-P