[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]


      

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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.

-----------------------------------------------------------------------

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

[[Page 16341]]

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