[Federal Register Volume 63, Number 83 (Thursday, April 30, 1998)]
[Notices]
[Pages 23988-24047]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-11400]



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Part V





Department of Housing and Urban Development





_______________________________________________________________________



Super Notice of Funding Availability (SuperNOFA) for Targeted Housing 
and Homeless Assistance Programs; Notice

  Federal Register / Vol. 63, No. 83 / Thursday, April 30, 1998 / 
Notices  

[[Page 23988]]



DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

[Docket No. FR-4364-N-01]


Super Notice of Funding Availability (SuperNOFA) for Targeted 
Housing and Homeless Assistance Programs

AGENCY: Office of the Secretary, HUD.

ACTION: Super Notice of Funding Availability (SuperNOFA) for Targeted 
Housing and Homeless Assistance Programs.

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SUMMARY: This Super Notice of Funding Availability (SuperNOFA) 
announces the availability of approximately $1,196,920,112 in HUD 
program funds covering six (6) Targeted Housing and Homeless Assistance 
Programs operated and managed by HUD's Office of Community Planning and 
Development (CPD) and HUD's Office of Housing-Federal Housing 
Administration (FHA). The General Section of this SuperNOFA contains 
the procedures and requirements applicable to all programs. The 
applications for funding for these programs have been consolidated into 
four applications. The Programs Section of this SuperNOFA contains a 
description of the specific programs for which funding is made 
available under this SuperNOFA and additional procedures and 
requirements that are applicable to each.
Application Due Dates: The information contained in this APPLICATION 
DUE DATES section applies to all programs contained in this SuperNOFA. 
Completed applications must be submitted to HUD no later than the 
deadline established for the program for which you are seeking funding. 
Applications may not be sent by facsimile (FAX). See the Program Chart 
for specific application due dates.

Addresses and Application Submission Procedures: Addresses. Completed 
applications must be submitted to the location specified in the 
Programs Section of this SuperNOFA. When submitting your application, 
please refer to the program name for which you are seeking funding.
    For Applications to HUD Headquarters. Applications to be submitted 
to HUD Headquarters are due at: Department of Housing and Urban 
Development, 451 Seventh Street, SW, Room ________ (See Program Chart 
or Programs Section for room location), Washington DC 20410.
    For Applications to HUD Field Offices. For those programs for which 
applications are due to the HUD Field Offices, please see the Programs 
Section for the exact locations for submission.
    Applications Procedures. Mailed Applications. Applications will be 
considered timely filed if postmarked on or before 12:00 midnight on 
the application due date and received by the designated HUD Office on 
or within ten (10) days of the application due date.
    Applications Sent by Overnight/Express Mail Delivery. Applications 
sent by overnight delivery or express mail will be considered timely 
filed if received before or on the application due date, or upon 
submission of documentary evidence that they were placed in transit 
with the overnight delivery service by no later than the specified 
application due date.
    Hand Carried Applications. For applications submitted to HUD 
Headquarters, hand carried applications delivered before and on the 
application due date must be brought to the specified location and room 
number between the hours of 8:45 am to 5:15 pm, Eastern time. 
Applications hand carried on the application due date will be accepted 
in the South Lobby of the HUD Headquarters Building at the above 
address from 5:15 pm until 12:00 midnight, Eastern time. Applications 
due to HUD Field Office locations must be delivered to the appropriate 
HUD Field Office in accordance with the instructions specified in the 
Programs Section of the SuperNOFA.
    For applications submitted to the HUD Field Offices, hand carried 
applications will be accepted during normal business hours before the 
application due date. On the application due date, business hours will 
be extended to 6:00 p.m. local time. (Please see Appendix A to this 
SuperNOFA listing the hours of operations for the HUD Field Offices.)

Copies of Applications to Hud Offices. The Programs Section of this 
SuperNOFA may specify that to facilitate processing and review of your 
submission a copy of the application also be sent to an additional HUD 
location (for example, a copy to the HUD Field Office if the original 
application is to be submitted to HUD Headquarters, or a copy to HUD 
Headquarters, if the original application is to be submitted to a HUD 
Field Office). Please follow the requirements of the Programs Section 
to ensure that you submit your application to the proper location. HUD 
requests additional copies in order to expeditiously review your 
application and appreciates your assistance in providing the copies. 
Please note that for those applications for which copies are being 
submitted to the Field Offices and HUD Headquarters, timeliness of 
submission will be based on the time the application is received at HUD 
Headquarters.

For Application Kits, Further Information and Technical Assistance: The 
information contained in this section is applicable to all programs 
contained in this SuperNOFA.
    For Application Kits and SuperNOFA User Guide. HUD is pleased to 
provide you with application kits and/or a guidebook to all HUD 
programs. When requesting an application kit, please refer to the 
program name of the application kit you are interested in receiving. 
Please be sure to provide your name, address (including zip code), and 
telephone number (including area code).
    Requests for application kits should be made immediately to ensure 
sufficient time for application preparation. We will distribute 
application kits as soon as they become available.
    The SuperNOFA Information Center (1-800-HUD-8929) can provide you 
with assistance, application kits, and guidance in determining which 
HUD Office(s) should receive a copy of your application. Persons with 
hearing or speech impairments may call the Center's TTY number at 1-
800-483-2209.
    Consolidated Application Submissions. Where an applicant can apply 
for funding under more than one program in this SuperNOFA, the 
applicant need only submit one originally signed SF-424 and one set of 
original signatures for the other required assurances and 
certifications, accompanied by the matrix contained in each application 
kit. As long as the applicant submits one originally signed set of 
these documents with an application, only copies of these documents are 
required to be submitted with any additional application submitted by 
the applicant. The application should identify the program for which 
the original signatures for assurances and certifications is being 
submitted.
    For Further Information. For answers to your questions about this 
SuperNOFA, you have several options. You may call the SuperNOFA 
Information Center at 1-800-HUD-8929, or you may contact the HUD Office 
or Processing Center serving your area at the telephone number listed 
in the application kit for the program in which you are interested. 
Persons with hearing or speech impairments may call the Center's TTY 
number at 1-800-483-2209. Information on this SuperNOFA also may be 
obtained through the HUD

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web site on the Internet at http://www.HUD.gov.
    For Technical Assistance. Before the application due date, HUD 
staff will be available to provide general guidance and technical 
assistance about this SuperNOFA. Current law does not permit HUD staff 
to assist in preparing the application. Following selection of 
applicants, but prior to award, HUD staff will be available to assist 
in clarifying or confirming information that is a prerequisite to the 
offer of an award or Annual Contributions Contract (ACC) by HUD.

Introduction to the SuperNOFA Process

    To further HUD's objective, under the direction of Secretary Andrew 
Cuomo, of improving customer service and providing the necessary tools 
for revitalizing communities and improving the lives of people within 
those communities, HUD will publish three SuperNOFAs in 1998, which 
coordinate program funding for 40 programs and cut across traditional 
program lines.
    (1) The first is the SuperNOFA and consolidated application process 
for Housing and Community Development Programs, covering 19 Housing and 
Community Development Programs. This SuperNOFA was published in the 
Federal Register on March 31, 1998.
    (2) The second is the SuperNOFA and consolidated application 
process for Economic Development and Empowerment Programs, covering 9 
programs. This second SuperNOFA was published elsewhere in today's 
Federal Register.
    (3) The third is the SuperNOFA and consolidated application process 
for Targeted Housing and Homeless Assistance Programs. This third 
SuperNOFA includes the following programs and initiatives: Housing 
Opportunities for Persons with AIDS; Continuum of Care Assistance, 
which includes the Supportive Housing Program, Shelter Plus Care, and 
Section 8 Moderate Rehabilitation Single Room Occupancy Program for 
Homeless Individuals; Section 202 Supportive Housing for the Elderly; 
and Section 811 Supportive Housing for Persons with Disabilities. 
Related to this SuperNOFA for HUD's Targeted Housing and Homeless 
Assistance Programs is HUD's NOFA for Section 8 Tenant-Based Assistance 
for Persons with Disabilities, published elsewhere in today's Federal 
Register.
    All three SuperNOFAs and consolidated applications, to the greatest 
extent possible, given statutory, regulatory and program policy 
distinctions, will have one set of rules that, together, offer a 
``menu'' of approximately 40 programs. From this menu, communities will 
be made aware of funding available for their jurisdictions. Nonprofits, 
public housing agencies, local and State governments, tribal 
governments and tribally designated housing entities, veterans service 
organizations, faith-based organizations and others will be able to 
identify the programs for which they are eligible for funding.
    The National Competition NOFA. In addition to the three SuperNOFAs, 
HUD is publishing in today's Federal Register a single NOFA for three 
national competitions: the Fair Housing Initiatives Program National 
Competition; the Lead-Based Paint Hazard Control National Competition; 
and the Housing Counseling National Competition.
Assisting Communities To Make Better Use of Available Resources
    These SuperNOFAs represent a marked departure from, and HUD 
believes a significant improvement over, HUD's past approach to the 
funding process. In the past, HUD has issued as many as 40 separate 
NOFAs, all with widely varying rules and application processing 
requirements. This individual program approach to funding, with NOFAs 
published at various times throughout the fiscal year, did not 
encourage and, at times, unintentionally impeded local efforts directed 
at comprehensive planning and development of comprehensive local 
solutions. Additionally, the old approach seemed to require communities 
to respond to HUD's needs rather than HUD responding to local needs. 
Secretary Cuomo brings to the leadership of HUD the experience of 
successfully implementing a consolidated planning process in HUD's 
community development programs. As Assistant Secretary for Community 
Planning and Development, Secretary Cuomo consolidated the planning, 
application, and reporting requirements of several community 
development programs. The Consolidated Plan rule, published in 1995, 
established a renewed partnership among HUD, State, and local 
governments, public and private agencies, tribal governments, and the 
general citizenry by empowering field staff to work with other entities 
in fashioning creative solutions to community problems.
    The SuperNOFA approach builds upon Consolidated Planning 
implemented by Secretary Cuomo in HUD's community development programs, 
and also reflects the Secretary's organizational changes for HUD, as 
described in the Secretary's management reform plan. On June 26, 1997, 
Secretary Cuomo released the HUD 2020 Management Reform Plan, which 
calls for significant consolidation of like programs to maximize 
efficiency and dramatically improve customer service. The plan also 
calls for HUD to improve customer service by adopting a principle of 
``menus not mandates.''
    By announcing the funding of these six programs in one NOFA, HUD 
hopes to assist communities in making better use of available resources 
to address their needs and the needs of those living within the 
communities in a holistic and effective fashion. These funds are 
available for eligible applicants to support individual program 
objectives, as well as cross-cutting and coordinated approaches to 
improving the overall effective use of available HUD program funds.
    To date, HUD has been consolidating and simplifying the submission 
requirements of many of its formula grant and discretionary grant 
programs to offer local communities a better opportunity to shape 
available resources into effective and coordinated neighborhood housing 
and community development strategies that will help revitalize and 
strengthen their communities, physically, socially and economically. To 
complement this overall consolidation and simplification effort, HUD 
designed this process to increase the ability of applicants to consider 
and apply for funding under a wide variety of HUD programs in response 
to a single NOFA. Everyone interested in HUD's grant programs can 
benefit from having this information made available in one NOFA.
Coordination, Flexibility, and Simplicity in the HUD Funding Process
    The SuperNOFA approach places heavy emphasis on the coordination of 
activities to provide (1) greater flexibility and responsiveness in 
meeting local housing and community development needs, and (2) greater 
flexibility to eligible applicants to determine what HUD program 
resources best fit the community's needs, as identified in local 
Consolidated Plans and Analysis of Impediments to Fair Housing Choice 
(``Analysis of Impediments'' (AI)).
    The SuperNOFA approach is designed to simplify the application 
process; promote effective and coordinated use of program funds in 
communities; reduce duplication in the delivery of services and 
economic development and empowerment programs; allow interested 
applicants to seek to deliver a wider, more integrated array of 
services; and improve the

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system for potential grantees to be aware of, and compete for program 
funds.
    HUD encourages applicants to work together to coordinate and, to 
the maximum extent possible, join their activities to form a seamless 
and comprehensive program of assistance to meet identified needs in 
their communities, and address barriers to fair housing and equal 
opportunity that have been identified in the community's Consolidated 
Plan and Analysis of Impediments in the geographic area(s) in which 
they are seeking assistance.
    As part of the simplification of this funding process, and to avoid 
duplication of effort, the SuperNOFA provides for consolidated 
applications for several of the programs for which funding is available 
under this NOFA. HUD programs that provide assistance for, or 
complement similar activities, for example the Continuum of Care 
programs have a consolidated application that reduces the 
administrative and paperwork burden applicants may otherwise encounter 
in submitting an application for each program. The Program Chart in 
this introductory section of the SuperNOFA identifies the programs that 
have been consolidated and for which a consolidated application is made 
available to eligible applicants.
    The funding of these six programs through this SuperNOFA will not 
affect the ability of eligible applicants to seek HUD funding. Eligible 
applicants are able, as they have been in the past, to apply for 
funding under as few as one or as many as all programs for which they 
are eligible.
    The specific statutory and regulatory requirements of each of the 
six separate programs continue to apply to each program. The SuperNOFA 
reflects, where necessary, the statutory requirements and differences 
applicable to the specific programs. Please pay careful attention to 
the individual program requirements that are identified for each 
program. Also, you will note that not all applicants are eligible to 
receive assistance under all six programs identified in this SuperNOFA.
    The SuperNOFA contains two major sections. The General Section of 
the SuperNOFA contains the procedures and requirements applicable to 
all applications. The Programs Section of the SuperNOFA describes each 
program for which funding is made available in the NOFA. As in the 
past, each program provides a description of eligible applicants, 
eligible activities, factors for award, and any additional requirements 
or limitations that apply to the program. Please read carefully both 
the General Section and the Programs Section of the SuperNOFA for the 
program(s) to which you are applying. This will ensure that you apply 
for program funding for which your organization is eligible to receive 
funds and you fulfill all the requirements for that program(s).

The Programs of this SuperNOFA and the Amount of Funds Allocated

    The six programs for which funding availability is announced in 
this SuperNOFA are identified in the following chart. The approximate 
available funds for each program are listed as expected funding levels 
based on appropriated funds. Should recaptured or other funds become 
available for any program, HUD reserves the right to increase the 
available program funding amounts by the amount available.
    The chart also includes the application due date for each program, 
the OMB approval number for the information collection requirements 
contained in the specific program, and the Catalog of Federal Domestic 
Assistance (CFDA) number.

BILLING CODE 4210-32-

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[GRAPHIC] [TIFF OMITTED] TN30AP98.018



BILLING CODE 4210-32-C

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    Paperwork Reduction Act Statement. The information collection 
requirements contained in this SuperNOFA have been approved by the 
Office of Management and Budget (OMB) under the Paperwork Reduction Act 
of 1995 (44 U.S.C. 3501-3520). The preceding chart reflects the OMB 
approval number for each program component of this SuperNOFA. 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. *$640,000,000 is currently available for obligation for 
FY 1998, and $60,000,000 is subject to appropriations in FY 1999.

General Section of the SuperNOFA

I. Authority; Purpose; Amount Allocated; Eligible Applicants and 
Eligible Activities

(A) Authorities
    The authority for Fiscal Year 1998 funding availability under this 
SuperNOFA is the Department of Veterans Affairs and Housing and Urban 
Development and Independent Agencies Appropriations Act, 1998 (Pub. L. 
105-65, approved October 27, 1997) (FY 1998 HUD Appropriations Act). 
Where applicable, additional authority for each program in this 
SuperNOFA is identified in the Programs Section.
(B) Purpose
    The purpose of this SuperNOFA is to:
    (1) Make funding available through a variety of programs to empower 
communities and their residents, particularly the poor and 
disadvantaged, to develop viable communities, provide decent housing 
and a suitable living environment for all citizens, without 
discrimination in order to improve themselves both as individuals and 
as a community.
    (2) Simplify and streamline the application process for funding 
under HUD programs. By making available to State and local governments, 
public housing agencies, tribal governments, non-profit organizations 
and others, the application requirements for Targeted Housing and 
Homeless Assistance Programs in one NOFA, HUD hopes that the result 
will be a less time consuming and less complicated application process. 
This new process also allows an applicant to submit one application for 
funds for several programs. Except where statutory or regulatory 
requirements or program policy mandate differences, the SuperNOFA 
strives to provide for one set of rules, standardized rating factors, 
and uniform and consolidated application procedures.
    (3) Enhance the ability of applicants to make more effective and 
efficient use of housing and community development funding when 
addressing community needs and implementing coordinated housing and 
community development strategies established in local Consolidated 
Plans, which is the single application for HUD housing and community 
development and other formula funds submitted by the local or State 
government. Through this SuperNOFA process, applicants are encouraged 
to: (i) create opportunities for strategic planning and citizen 
participation in a comprehensive context at the local level in order to 
establish a full continuum of housing and services; and (ii) promote 
methods for developing more coordinated and effective approaches to 
dealing with urban, suburban, and rural problems by recognizing the 
interconnections among the underlying problems and ways to address them 
through layering of available HUD programs;
    (4) Promote the ability of eligible non-profit organizations to 
participate in many of the programs contained in this SuperNOFA; 
provide an increased opportunity to assist communities in developing 
continuum of care strategies, and supportive housing programs; and
    (5) Recognize and make better use of the expertise that each of the 
programs, and organizations eligible for funding under this SuperNOFA, 
can contribute when developing and implementing local housing and 
community development plans, the Consolidated Plan, and the HUD 
required Analysis of Impediments to Fair Housing Choice.
(C) Amounts Allocated
    The amounts allocated to specific programs in this SuperNOFA are 
based on appropriated funds. Should recaptured funds become available 
in any program, HUD reserves the right to increase the available 
funding amounts by the amount of funds recaptured.
(D) Eligible Applicants and Eligible Activities
    The eligible applicants and eligible activities for each program 
are identified and described for the program in the Programs Section of 
the SuperNOFA.

II. Requirements and Procedures Applicable to all Programs

    Except as may be modified in the Programs Section of this 
SuperNOFA, or as noted within the specific provisions of this Section 
II, the following principles apply to all programs. Please be sure to 
read the program area section of the SuperNOFA for additional 
requirements or information.
(A) Statutory Requirements
    All applicants must meet and comply with all statutory and 
regulatory requirements applicable to the program for which they are 
seeking funding in order to be awarded funds. Copies of the regulations 
are available from the SuperNOFA Information Center or through the 
Internet at the HUD web site located at http://www.HUD.gov. HUD may 
reject an application from further funding consideration if the 
activities or projects proposed are ineligible, or (with the exception 
of the Section 202 and 811 programs) HUD may eliminate the ineligible 
activities from funding consideration and reduce the grant amount 
accordingly.
(B) Threshold Requirements--Compliance With Fair Housing and Civil 
Rights Laws
    All applicants, with the exception of Federally recognized Indian 
tribes, must comply with all Fair Housing and civil rights laws, 
statutes, regulations and executive orders as enumerated in 24 CFR 
5.105(a). Federally recognized Indian tribes must comply with the Age 
Discrimination Act of 1975, section 504 of the Rehabilitation Act of 
1973, and the Indian Civil Rights Act. If an applicant (1) has been 
charged with a violation of the Fair Housing Act by the Secretary; (2) 
is the defendant in a Fair Housing Act lawsuit filed by the Department 
of Justice; or (3) has received a letter of noncompliance findings 
under Title VI of the Civil Rights Act, 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 SuperNOFA until the applicant resolves such charge, lawsuit, 
or letter of findings to the satisfaction of the Department.
(C) Additional Nondiscrimination Requirements
    Applicants must comply with the Americans with Disabilities Act, 
and Title IX of the Education Amendments Act of 1972.
(D) Affirmatively Furthering Fair Housing
    Unless otherwise specified in the Programs Section of this 
SuperNOFA, each successful applicant will have a duty to affirmatively 
further fair housing. Applicants should include in their applications 
or work plans the specific steps that they will take to (1) address the 
elimination of impediments to fair housing that were identified in the 
jurisdiction's Analysis of Impediments (AI) to Fair Housing

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Choice; (2) remedy discrimination in housing; or (3) promote fair 
housing rights and fair housing choice. Further, applicants have a duty 
to carry out the specific activities cited in their responses to the 
rating factors that address affirmatively furthering fair housing in 
the Programs Section of this SuperNOFA.
(E) Economic Opportunities for Low and Very Low-Income Persons (Section 
3)
    Certain programs in this SuperNOFA require recipients of HUD 
assistance to comply with section 3 of the Housing and Urban 
Development Act of 1968, 12 U.S.C. 1701u (Economic Opportunities for 
Low and Very Low-Income Persons) and the HUD regulations at 24 CFR part 
135, including the reporting requirements subpart E. Section 3 provides 
that recipients shall ensure that training, employment and other 
economic opportunities, to the greatest extent feasible, be directed to 
(1) low and very low income persons, particularly those who are 
recipients of government assistance for housing and (2) business 
concerns which provide economic opportunities to low and very low 
income persons. The applicability of section 3 will be noted in the 
Programs Section of the SuperNOFA.
(F) Relocation
    Any person (including individuals, partnerships, corporations or 
associations) who moves from real property or moves personal property 
from real property as a direct result of a written notice to acquire or 
the acquisition of the real property, in whole or in part, for a HUD-
assisted activity is covered by acquisition policies and procedures and 
the relocation requirements of the Uniform Relocation Assistance and 
Real Property Acquisition Policies Act of 1970, as amended (URA), and 
the implementing governmentwide regulation at 49 CFR part 24. Any 
person who moves permanently from real property or moves personal 
property from real property as a direct result of rehabilitation or 
demolition for an activity undertaken with HUD assistance is covered by 
the relocation requirements of the URA and the governmentwide 
regulation.
(G) Forms, Certifications and Assurances
    Each applicant is required to submit signed copies of the standard 
forms, certifications, and assurances, listed in this section, unless 
the program funding in the Programs Section specifies otherwise. 
Additionally, the Programs Section may specify additional forms, 
certifications, assurances or other information that may be required 
for a particular program in this SuperNOFA.
    (1) Standard Form for Application for Federal Assistance (SF-424);
    (2) Standard Form for Budget Information--Non-Construction Programs 
(SF-424A) or Standard Form for Budget Information-Construction Programs 
(SF-424C), as applicable;
    (3) Standard Form for Assurances--Non-Construction Programs (SF-
424B) or Standard Form for Assurances--Construction Programs (SF-424D), 
as applicable;
    (4) Drug-Free Workplace Certification (HUD-50070);
    (5) Certification and Disclosure Form Regarding Lobbying (SF-LLL); 
(Tribes and tribally designated housing entities (THDEs) established by 
an Indian tribe as a result of the exercise of the tribe's sovereign 
power are not required to submit this certification. Tribes and TDHEs 
established under State law are required to submit this certification.)
    (6) Applicant/Recipient Disclosure Update Report (HUD-2880);
    (7) Certification that the applicant will comply with the 
requirements of the Fair Housing Act, Title VI of the Civil Rights Act 
of 1964, section 504 of the Rehabilitation Act of 1973, and the Age 
Discrimination Act of 1975, and will affirmatively further fair 
housing. CDBG recipients also must certify to compliance with section 
109 of the Housing and Community Development Act. Federally recognized 
Indian tribes must certify that they will comply with the requirements 
of the Age Discrimination Act of 1975, section 504 of the 
Rehabilitation Act of 1973, and the Indian Civil Rights Act.
    (8) Certification required by 24 CFR 24.510. (The provisions of 24 
CFR part 24 apply to the employment, engagement of services, awarding 
of contracts, subgrants, or funding of any recipients, or contractors 
or subcontractors, during any period of debarment, suspension, or 
placement in ineligibility status, and a certification is required.)
(H) OMB Circulars
    The policies, guidances, and requirements of OMB Circular No. A-87 
(Cost Principles Applicable to Grants, Contracts and Other Agreements 
with State and Local Governments), OMB Circular No. A-122 (Cost 
Principles for Nonprofit Organizations), 24 CFR part 84 (Grants and 
Agreements with Institutions of Higher Education, Hospitals, and other 
Non-Profit Organizations) and 24 CFR part 85 (Administrative 
Requirements for Grants and Cooperative Agreements to State, Local, and 
Federally recognized Indian tribal governments) may apply to the award, 
acceptance and use of assistance under the programs of this SuperNOFA, 
and to the remedies for noncompliance, except when inconsistent with 
the provisions of the FY 1998 HUD Appropriations Act, other Federal 
statutes or the provisions of this SuperNOFA. Compliance with 
additional OMB Circulars may be specified for a particular program in 
the Programs Section of the SuperNOFA. Copies of the OMB Circulars may 
be obtained from EOP Publications, Room 2200, New Executive Office 
Building, Washington, DC 10503, telephone (202) 395-7332 (this is not a 
toll free number).
(I) Environmental Requirements
    For programs under this SuperNOFA that assist physical development 
activities or property acquisition, grantees are generally prohibited 
from acquiring, rehabilitating, converting, leasing, repairing or 
constructing property, or committing or expending HUD or non-HUD funds 
for these program activities, until one of the following has occurred: 
(1) HUD has completed an environmental review in accordance with 24 CFR 
part 50; or (2) for programs subject to 24 CFR part 58, HUD has 
approved a grantee's Request for Release of Funds (HUD Form 7015.15) 
following a Responsible Entity's completion of an environmental review. 
Applicants should consult the Programs Section for the applicable 
program to determine the procedures for, timing of, and any exclusions 
from environmental review under a particular program.
(J) Conflicts of Interest
    Consultants or experts assisting HUD in rating and ranking 
applicants for funding under this SuperNOFA are subject to 18 U.S.C. 
208, the Federal criminal conflict of interest statute, and to the 
Standards of Ethical Conduct for Employees of the Executive Branch 
regulation published at 5 CFR part 2635. As a result, individuals who 
have assisted or plan to assist applicants with preparing applications 
for this SuperNOFA may not serve on a selection panel or as a technical 
advisor to HUD for this SuperNOFA. All individuals involved in rating 
and ranking this SuperNOFA, including experts and consultants, must 
avoid conflicts of interest or the appearance of conflicts. If the 
selection or non-selection of any applicant under this NOFA affects the 
individual's financial interests set forth in 18 U.S.C. 208 or involves 
any party with whom the individual has a covered relationship

[[Page 23994]]

under 5 CFR 2635.502, that individual must, prior to participating in 
any matter regarding this NOFA, disclose this fact to the General 
Counsel or the Ethics Law Division.

III. Application Selection Process

(A) General
    To review and rate applications, HUD 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.
    (1) Rating. All applications for funding in each program listed in 
this SuperNOFA will be evaluated and rated against the criteria in this 
SuperNOFA. The rating of the ``applicant'' or the ``applicant's 
organization and staff'' for technical merit or threshold compliance, 
unless otherwise specified, will include any sub-contractors, 
consultants, sub-recipients, and members of consortia which are firmly 
committed to the project.
    (2) Ranking. Applicants will be ranked within each program (or, for 
Continuum of Care applicants, across the three programs identified in 
the Continuum of Care section of this SuperNOFA). Applicants will be 
ranked only against others that applied for the same program funding 
and where there are set-asides within the competition, the applicant 
would only compete against applicants in the same set-aside 
competition.
(B) Threshold Requirements
    HUD will review each application to determine whether the 
application meets all of the threshold criteria described for program 
funding made available under this SuperNOFA. Applications that meet all 
of the threshold criteria will be eligible to be rated and ranked, 
based on the criteria described, and the total number of points to be 
awarded.
(C) Factors for Award Used To Evaluate and Rate Applications
    For all of the programs for which funding is available under this 
SuperNOFA, the points awarded for the rating factors total 100. Where 
applicable, the program may provide for up to four bonus points as 
provided in paragraphs (1) and (2) of this Section III(C), or other 
bonus points as may be specified in the individual program in the 
Programs Section of this SuperNOFA.
    (1) Bonus Points. The SuperNOFA provides for the award of up to two 
bonus points for eligible activities/projects that are proposed to be 
located in federally designated Empowerment Zones, Enterprise 
Communities, or Urban Enhanced Enterprise Communities, and/or serve the 
EZ/EC residents, and are certified to be consistent with the strategic 
plan of the EZs and ECs. The application kit contains a certification 
which must be completed for the applicant to be considered for EZ/EC 
bonus points. A listing of the federally designated EZs, Enhanced ECs 
are available from the SuperNOFA Information Center, or through the HUD 
web site on the Internet at http://www.HUD.gov.
    (2) Court-Ordered Consideration. Due to an order of the U.S. 
District Court for the Northern District of Texas, Dallas, Division, 
with respect to any application by the City of Dallas, Texas, for HUD 
funds, HUD shall consider the extent to which the strategies or plans 
in an application or applications submitted by the City of Dallas for 
any program under this SuperNOFA will be used to eradicate the vestiges 
of racial segregation in the Dallas Housing Authority's low income 
housing programs. The City of Dallas should address the effect, if any, 
that vestiges of racial segregation in Dallas Housing Authority's low 
income housing programs have on potential participants in the programs 
covered by this NOFA, and identify proposed actions for remedying those 
vestiges. HUD may add up to 2 points to the score based on this 
consideration. (This Section III(C)(2) is limited to applications 
submitted by the City of Dallas.)
    (3) The Five Standard Rating Factors. The factors for rating and 
ranking applicants are listed in this Section III(C)(2) and maximum 
points for each factor, are provided in the Programs Section of the 
SuperNOFA. Each applicant should carefully read the factors for award 
as described in the program area section that they are seeking funding. 
While HUD has established the following basic factors for award, these 
may have been modified or adjusted to take into account specific 
program needs, or statutory or regulatory limitations imposed on a 
program. The standard factors for award, except as modified in the 
program area section are:

Factor 1: Capacity of the Applicant and Relevant Organizational Staff
Factor 2: Need/Extent of the Problem
Factor 3: Soundness of Approach
Factor 4: Leveraging Resources
Factor 5: Comprehensiveness and Coordination

The Continuum of Care Homeless Assistance Programs have only two 
factors that receive points: Need and Continuum of Care.
(D) Negotiation
    After all applications have been rated and ranked and a selection 
has been made, HUD may require, depending upon the program, that all 
winners participate in negotiations to determine the specific terms of 
the grant agreement and 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 offer an award to the next highest ranking applicant, and proceed 
with negotiations with the next highest ranking applicant.
(E) Adjustments to Funding
    HUD reserves the right to fund less than the full amount requested 
in any application to ensure the fair distribution of the funds and to 
ensure the purposes of the programs contained in this SuperNOFA are 
met. HUD may choose not to fund portions of the applications that are 
ineligible for funding under applicable program statutory or regulatory 
requirements, or which do not meet the requirements of this General 
Section of this SuperNOFA or the requirements in the Programs Section 
for the specific program, and fund eligible portions of the 
applications.
    If funds remain after funding the highest ranking applications, HUD 
may fund part of the next highest ranking application in a given 
program area. If the 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, remaining funds 
may be available for other competitions for each program area where 
there is a balance of funds.
    Additionally, in the event of a HUD procedural error that, when 
corrected, would result in selection of an otherwise eligible applicant 
during the funding round of this SuperNOFA, HUD may select that 
applicant when sufficient funds become available.
(F) Performance and Compliance Actions of Grantees
    Performance and compliance actions of grantees will be measured and 
addressed in accordance with applicable standards and sanctions of 
their respective programs.

IV. Application Submission Requirements

    As discussed earlier in the introductory section of this SuperNOFA, 
part of the simplification of this funding process is to reduce the 
duplication of effort involved in

[[Page 23995]]

completing and submitting similar applications for HUD funded programs. 
As the Program Chart shows above, this SuperNOFA provides for 
consolidated applications for several of the programs for which funding 
is available under this SuperNOFA.

V. Corrections to Deficient Applications

    After the application due date, HUD may not, consistent with 24 CFR 
part 4, subpart B, consider unsolicited information from an applicant. 
HUD may contact an applicant, however, to clarify an item in the 
application or to correct technical deficiencies. Applicants should 
note, however, that HUD may not seek clarification of items or 
responses that improve the substantive quality of the applicant's 
response to any eligibility or selection criterion. Examples of curable 
technical deficiencies include failure to submit the proper 
certifications or failure to submit an application containing an 
original signature by an authorized official. In each case, HUD will 
notify the applicant in writing by describing the clarification or 
technical deficiency. HUD will notify applicants by facsimile or by 
return receipt requested. Applicants must submit clarifications or 
corrections of technical deficiencies in accordance with the 
information provided by HUD within 14 calendar days of the date of 
receipt of the HUD notification. If the deficiency is not corrected 
within this time period, HUD will reject the application as incomplete. 
(Note that the Sections 202 and 811 Programs, by regulation, provide 
for appeal of rejection of an application on technical deficiency. 
Please see the programs sections for these programs for additional 
information.)

VI. Promoting Comprehensive Approaches to Housing and Community 
Development

(A) General
    HUD believes the best approach for addressing community problems is 
through a community-based process that provides a comprehensive 
response to identified needs. By making HUD's Targeted Housing and 
Homeless Assistance Programs funding available in one NOFA, applicants 
may be able to relate the activities proposed for funding under this 
SuperNOFA to the recent and upcoming NOFAs and the community's 
Consolidated Plan and Analysis of Impediments to Fair Housing Choice. A 
complete schedule of NOFAs to be published during the fiscal year and 
those already published appears under the HUD Homepage on the Internet, 
which can be accessed at http://www.hud.gov/nofas.html.
(B) Linking Program Activities With AmeriCorps
    Applicants are encouraged to link their proposed activities with 
AmeriCorps, a national service program engaging thousands of Americans 
on a full or part-time basis to help communities address their toughest 
challenges, while earning support for college, graduate school, or job 
training. For information about AmeriCorps, call the Corporation for 
National Service at (202) 606-5000.
(C) Encouraging Visitability in New Construction and Substantial 
Rehabilitation Activities
    In addition to applicable accessible design and construction 
requirements, applicants are encouraged to incorporate visitability 
standards where feasible in new construction and substantial 
rehabilitation projects. Visitability standards allow a person with 
mobility impairments access into the home, but does not require that 
all features be made accessible. Visitability means at least one 
entrance at grade (no steps), approached by an accessible route such as 
a sidewalk; the entrance door and all interior passage doors are at 
least 2 feet 10 inches wide, allowing 32 inches of clear passage space. 
Allowing use of 2'10'' doors is consistent with the Fair Housing Act 
(at least for the interior doors), and may be more acceptable than 
requiring the 3 foot doors that are required in fully accessible areas 
under the Uniform Federal Accessibility Standards for a small 
percentage of units. A visitable home also serves persons without 
disabilities, such as a mother pushing a stroller, or a person 
delivering a large appliance. Copies of the UFAS are available from the 
Office of Fair Housing and Equal Opportunity, U.S. Department of 
Housing and Urban Development, Room 5230, 451 Seventh Street, SW, 
Washington, DC 20410, telephone (202) 755-5404 or the TTY telephone 
number, 1-800-877 8399 (Federal Information Relay Service).
(D) Developing Healthy Homes
    HUD's Healthy Homes Initiative is one of the initiatives developed 
by the White House Task Force on Environmental Health Risks and Safety 
Risks to Children that was established under Executive Order 13045 
(``Protection of Children from Environmental Health Risks and Safety 
Risks''). HUD encourages the funding of activities (to the extent 
eligible under specific programs) that promote healthy homes, or that 
promote education on what is a healthy home. These activities may 
include, but are not limited to the following: educating homeowners or 
renters about the need to protect children in their home from dangers 
that can arise from items such as curtain cords, electrical outlets, 
hot water, poisons, fire, and sharp table edges, among others; 
incorporating child safety measures in the construction, rehabilitation 
or maintenance of housing, which include but are not limited to: child 
safety latches on cabinets, hot water protection devices, properly 
ventilated windows to protect from mold, window guards to protect 
children from falling, proper pest management to prevent cockroaches 
which can cause asthma, and activities directed to control of lead-
based paint hazards. The National Lead Information Hotline is 1-800-
424-5323.

VII. Findings and Certifications

(A) Environmental Impact
    This SuperNOFA provides funding under, and does not alter the 
environmental requirements of 24 CFR parts 582, 583, and 882, subpart H 
(Continuum of Care Program); part 574 (HOPWA Program); and part 891 
(Section 202 Supportive Housing for the Elderly Program and Section 811 
Program of Supportive Housing for Persons with Disabilities). 
Accordingly, under 24 CFR 50.19(c)(5), this SuperNOFA is categorically 
excluded from environmental review under the National Environmental 
Policy Act of 1969 (42 U.S.C. 4321). Activities under this SuperNOFA 
are subject to the environmental review provisions that are specified 
in the Environmental Requirements paragraph in each program section of 
this SuperNOFA.
(B) 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 
contained in this SuperNOFA will not have substantial direct effects on 
States or their political subdivisions, or on the relationship between 
the Federal Government and the States, or on the distribution of power 
and responsibilities among the various levels of government. 
Specifically, the SuperNOFA solicits applicants to expand their role in 
addressing community development needs in their localities, and does 
not impinge upon the relationships between the Federal government and 
State and local governments. As a result, the

[[Page 23996]]

SuperNOFA is not subject to review under the Order.
(C) Prohibition Against Lobbying Activities
    Applicants for funding under this SuperNOFA are subject to the 
provisions of section 319 of the Department of Interior and Related 
Agencies Appropriation Act for Fiscal Year 1991, 31 U.S.C. 1352 (the 
Byrd Amendment), which prohibits recipients of Federal contracts, 
grants, or loans from using appropriated funds for lobbying the 
executive or legislative branches of the Federal Government in 
connection with a specific contract, grant, or loan. Applicants are 
required to certify, using the certification found at Appendix A to 24 
CFR part 87, that they will not, and have not, used appropriated funds 
for any prohibited lobbying activities. In addition, applicants must 
disclose, using Standard Form LLL, ``Disclosure of Lobbying 
Activities,'' any funds, other than Federally appropriated funds, that 
will be or have been used to influence Federal employees, members of 
Congress, and congressional staff regarding specific grants or 
contracts. Tribes and tribally designated housing entities (THDEs) 
established by an Indian tribe as a result of the exercise of the 
tribe's sovereign power are excluded from coverage of the Byrd 
Amendment, but tribes and TDHEs established under State law are not 
excluded from the statute's coverage.)
(D) 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 (42 U.S.C. 3545) (HUD Reform Act) and the 
regulations codified in 24 CFR part 4, subpart A, 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 (57 FR 1942), HUD published a notice that 
also provides information on the implementation of section 102. The 
documentation, public access, and disclosure requirements of section 
102 apply to assistance awarded under this SuperNOFA as follows:
    (1) Documentation and public access requirements. HUD will ensure 
that documentation and other information regarding each application 
submitted pursuant to this SuperNOFA 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 5-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 in 24 CFR part 15.
    (2) Disclosures. HUD will make available to the public for 5 years 
all applicant disclosure reports (HUD Form 2880) submitted in 
connection with this SuperNOFA. Update reports (also Form 2880) will be 
made available along with the applicant disclosure reports, but in no 
case for a period less than 3 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 5.
    (3) Publication of Recipients of HUD Funding. HUD's regulations at 
24 CFR 4.7 provide that HUD will publish a notice in the Federal 
Register on at least a quarterly basis to notify the public of all 
decisions made by the Department to provide:
    (i) Assistance subject to section 102(a) of the HUD Reform Act; or
    (ii) Assistance that is provided through grants or cooperative 
agreements on a discretionary (non-formula, non-demand) basis, but that 
is not provided on the basis of a competition.
(E) Section 103 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 the 
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 should 
contact the HUD Ethics Law Division at (202) 708-3815. (This is not a 
toll-free number.) 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.

VIII. The FY 1998 SuperNOFA Process and Future HUD Funding Processes

    In FY 1997, Secretary Cuomo took the first step in changing HUD's 
funding process to better promote comprehensive, coordinated approaches 
to housing and community development. In FY 1997, the Department 
published related NOFAs on the same day or within a few days of each 
other. In the individual NOFAs published in FY 1997, HUD advised that 
additional steps on NOFA coordination may be considered for FY 1998. 
The three SuperNOFAs to be published for FY 1998 represent the 
additional step taken by HUD to improve HUD's funding process and 
assist communities to make better use of available resources through a 
coordinated approach. This new SuperNOFA process was developed based on 
comments received from HUD clients and the Department believes it 
represents a significant improvement over HUD's approach to the funding 
process in prior years. For FY 1999, HUD may take even further steps to 
enhance this process. HUD welcomes comments from applicants and other 
members of the public on this process, and how it may be improved in 
future years.
    The description of program funding available under this third 
SuperNOFA for Targeted Housing and Homeless Assistance Programs 
follows.

    Dated: April 23, 1998.
Saul N. Ramirez, Jr.,
Acting Deputy Secretary.

4210-32-P

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Notices  

[[Page 23997]]


     
    [GRAPHIC] [TIFF OMITTED] TN30AP98.019
    

BILLING CODE 4210-32-C

  Federal Register / Vol. 63, No. 83 / Thursday, April 30, 1998 / 
Notices  

[[Page 23999]]



Funding Availability for Continuum of Care Homeless Assistance 
Programs--Supportive Housing Program (SHP), Shelter Plus Care 
(S+C), Section 8 Moderate Rehabilitation Single Room Occupancy 
Program for Homeless Individuals (SRO)

    Program Description: The process of developing a Continuum of Care 
system to assist homeless persons is part of the community's larger 
effort of developing a Consolidated Plan. For a community to 
successfully address its often complex and interrelated problems, 
including homelessness, the community must marshall its varied 
resources--community and economic development resources, social service 
resources, housing and homeless assistance resources--and use them in a 
coordinated and effective manner. The Consolidated Plan serves as the 
vehicle for a community to comprehensively identify each of its needs 
and to coordinate a plan of action for addressing them.
    Approximately $700 million is being competed for the Continuum of 
Care Homeless Assistance Programs. For this competition, approximately 
$640 million is available in FY 1998, and it is anticipated that up to 
an additional $60 million may be made available in FY 1999, subject to 
appropriations. Any unobligated funds from previous competitions or 
additional funds that may become available as a result of deobligations 
or recaptures from previous awards may be used in addition to 1998 
appropriations to fund applications submitted in response to this 
program section of this SuperNOFA.
    The funds available under this program section of this SuperNOFA 
can be used under any of three programs that can assist in creating 
community systems for combating homelessness. The three programs are: 
(1) Supportive Housing; (2) Shelter Plus Care; and (3) Section 8 
Moderate Rehabilitation for Single Room Occupancy Dwellings for 
Homeless Individuals. The chart in the Attachment to this program 
section of this SuperNOFA summarizes key aspects of the programs. 
Program descriptions are contained in the applicable regulations cited 
in the chart.
    As in previous funding availability announcements for the Continuum 
of Care Homeless Assistance Programs, amounts for each of the three 
programs will not be specified this year. Instead, the distribution of 
funds among the three programs will depend on locally determined 
priorities and overall demand. HUD reserves the right to fund less than 
the full amount requested in any application to ensure the fair 
distribution of the funds and to ensure the purposes of these homeless 
programs are met.
    Application Due Date: Completed applications (an original 
containing the original signed documentation and two copies) are due 
before 12:00 midnight, Eastern time, on August 4, 1998 to the addresses 
shown below. See the General Section of this SuperNOFA for specific 
procedures governing the form of application submissions (e.g., mailed 
applications, express mail, overnight delivery, or hand carried).
    Electronic Submission: Applicants are highly encouraged to use a 
special supplement to HUD's new Community Planning Software to prepare 
the application. The special supplement has been programmed to produce 
the charts and narratives that will meet both the requirements of the 
homelessness sections of the Consolidated Plan and the identical 
requirements of the Continuum of Care application. The supplement will 
also produce the necessary project-specific information. If you choose 
to use the supplement to prepare your Continuum of Care application, 
you will submit the required information on 3\1/2\'' computer 
diskettes, together with a paper copy of the entire application 
including the signed cover sheet (SF-424), all required certifications 
and other signed documentation, by the deadline. Please submit three 
copies of these materials, as directed in the ADDRESSES FOR SUBMITTING 
APPLICATIONS section below. The supplement may be obtained at no charge 
by contacting the SuperNOFA Information Center by phone or internet as 
specified below.

Addresses for Submitting Applications

    To HUD Headquarters. The original completed application (containing 
the original signed documentation) must be submitted to: Special Needs 
Assistance Programs Office, Room 7270, Office of Community Planning and 
Development, Department of Housing and Urban Development, 451 Seventh 
Street, SW, Washington, DC 20410, Attention: Continuum of Care 
Programs.
    To the Appropriate CPD Field Office. Two copies of the completed 
application must also be submitted to the Community Planning and 
Development Division of the appropriate HUD Field Office for the 
applicant's jurisdiction. Field Office copies must be received by the 
deadline date as well, but a determination that an application was 
received on time will be made solely on receipt of the application at 
HUD Headquarters in Washington.
    When submitting your application please refer to Continuum of Care 
Programs, and include your name, mailing address (including zip code) 
and telephone number (including area code).

For Application Kits, Further information, and Technical Assistance

    Application Kits. For a copy of the application package, please 
call the SuperNOFA Information Center at 1-800-HUD-8929 (voice) or 1-
800-483-2209 (TTY), or contact by Internet at http://www.HUD.gov.
    For Further Information. For answers to your questions, you may 
call the HUD Field Office serving your area, at the telephone number 
shown in the application kit for this program, or you may contact the 
Community Connections Information Center at 1-800-998-9999 (voice) or 
1-800-483-2209 (TTY) or by Internet at: http://www.comcon.org/
ccprog.html.
    Technical Assistance. Prior to the application deadline, HUD staff 
will be available to provide general guidance, but not guidance in 
actually preparing the application. HUD field office staff will also be 
available to help identify organizations in your community that are 
involved in developing the Continuum of Care system and, in the case of 
renewals, to determine the HUD final year amount (e.g., leasing, 
supportive services and operations for SHP, and rental assistance for 
S+C). Following conditional selection, HUD staff will be available to 
assist in clarifying or confirming information that is a prerequisite 
to the offer of a grant agreement or Annual Contributions Contract by 
HUD. However, between the application deadline and the announcement of 
conditional selections, HUD will accept no information that would 
improve the substantive quality of the application pertinent to the 
funding decision.

Additional Information

I. Authority; Purpose; Prioritizing

(A) Authority

    The Supportive Housing Program is authorized by title IV, subtitle 
C, of the Stewart B. McKinney Homeless Assistance Act (McKinney Act), 
42 U.S.C. 11381. Funds made available under this program section of the 
SuperNOFA for the Supportive Housing Program are subject to the program 
regulations at 24 CFR part 583.
    The Shelter Plus Care program is authorized by title IV, subtitle 
F, of the McKinney Act, 42 U.S.C. 11403. Funds made available under 
this program section of the SuperNOFA for the

[[Page 24000]]

Shelter Plus Care program are subject to the program regulations at 24 
CFR part 582.
    The Section 8 Moderate Rehabilitation Program for Single Room 
Occupancy Dwellings for Homeless Individuals (SRO) is authorized by 
section 441 of the McKinney Act, 42 U.S.C. 11401. Funds made available 
under this NOFA for the SRO program are subject to the program 
regulations at 24 CFR part 882, subpart H.

(B) Purpose: Develop Continuum of Care Systems

    The purpose of the Continuum of Care Homeless Assistance Programs 
is to fund projects that will fill gaps in locally developed Continuum 
of Care systems to assist homeless persons move to self-sufficiency and 
permanent housing. A Continuum of Care system consists of four basic 
components:
    (1) A system of outreach and assessment for determining the needs 
and conditions of an individual or family who is homeless;
    (2) Emergency shelters with appropriate supportive services to help 
ensure that homeless individuals and families receive adequate 
emergency shelter and referral to necessary service providers or 
housing finders;
    (3) Transitional housing with appropriate supportive services to 
help those homeless individuals and families who are not prepared to 
make the transition to permanent housing and independent living; and
    (4) Permanent housing, or permanent supportive housing, to help 
meet the long-term needs of homeless individuals and families.
    A Continuum of Care system is developed through a community-wide or 
region-wide process involving nonprofit organizations (including those 
representing persons with disabilities), government agencies, other 
homeless providers, housing developers and service providers, private 
foundations, neighborhood groups, and homeless or formerly homeless 
persons. It should address the specific needs of each homeless 
subpopulation: the jobless, veterans, persons with serious mental 
illnesses, persons with substance abuse issues, persons with HIV/AIDS, 
persons with multiple diagnoses, victims of domestic violence, youth, 
and any others.
    The community process used in developing a Continuum of Care system 
must include interested veteran service organizations, particularly 
veteran service organizations with specific experience in serving 
homeless veterans, in order to ensure that the Continuum of Care system 
addresses the needs of homeless veterans.
    High scores under the Continuum of Care scoring criteria will be 
assigned to applications that demonstrate the achievement of two basic 
goals:
     Have maximum participation by non-profit providers of 
housing and services; homeless and formerly homeless persons; state and 
local governments and agencies; veteran service organizations; 
organizations representing persons with disabilities; the private 
sector; housing developers; foundations and other community 
organizations.
     Create, maintain, and build upon a community-wide 
inventory of housing and services for homeless families and 
individuals; identify the full spectrum of needs of homeless families 
and individuals; and coordinate efforts to obtain resources, 
particularly resources sought through this program section of the 
SuperNOFA, to fill gaps between the current inventory and existing 
needs. This inventory must appropriately address all aspects of the 
continuum, especially permanent housing.
    In deciding the geographic area to be covered by a Continuum of 
Care strategy, applicants should be aware that the single most 
important factor in receiving funding under this competition will be 
the strength of the Continuum of Care strategy when measured against 
the Continuum of Care criteria described in this SuperNOFA. In 
determining what jurisdictions to include in a Continuum of Care 
strategy area, the applicant should include only those jurisdictions 
that are involved in the development and implementation of the 
Continuum of Care strategy.
    Applicants should also be aware that the more jurisdictions 
included in a Continuum of Care strategy area, the larger the pro rata 
need share that will be allocated to the strategy area (as described in 
Section III(A)(4) of this program section of the SuperNOFA). However, 
it would be a mistake to include jurisdictions that are not fully 
involved in the development and implementation of the Continuum of Care 
strategy since this would adversely affect the Continuum of Care score. 
Because most rural counties have extremely small pro rata need shares, 
they may wish to consider working with larger groups of contiguous 
counties to develop a region-wide or multi-county Continuum of Care 
strategy covering the combined service areas of these counties.
    Since the basic concept of a Continuum of Care strategy is the 
creation of a single, coordinated, inclusive homeless assistance system 
for an area, the areas covered by Continuum of Care strategies should 
not overlap. If there are cases where the Continuum of Care strategies 
geographically overlap to the extent that they are essentially 
competing with each other, projects in the applications/Continuum of 
Care that receive the highest score out of the possible 60 points for 
Continuum of Care will be eligible for up to 40 points under Need. 
Projects in the competing applications/Continuum of Care with the less 
effective Continuum of Care strategies will be eligible for only 10 
points under Need. In no case will the same geography be used more than 
one time in assigning Need points. The local HUD field office can help 
applicants determine if any of the area proposed for inclusion by one 
Continuum of Care system is also likely to be claimed under another 
Continuum of Care system in this competition.

(C) Prioritizing

    Priority decisions are best made through a locally-driven process 
and are key to the ultimate goal of reducing homelessness. As was done 
in 1997, this year's application (1998) instructs that all projects 
proposed for funding under this program section of the SuperNOFA be 
listed in priority order from the highest priority to the lowest. 
Generally, this priority order will mean, for example, that if funds 
are only available to award 8 of 10 proposed projects, then funding 
will be awarded to the first eight projects listed. HUD expects 
nonprofit organizations to be given a fair role in establishing these 
priorities.
    This priority list will be used in awarding up to 40 points per 
project under the ``Need'' scoring criteria. Higher priority projects 
will receive more points under Need than lower priority projects. If a 
complete project priority chart is not submitted for the continuum, 
then all projects will receive the lowest score for Need.
    Project renewals. Consistent with the Continuum of Care approach, 
HUD funds that are needed to continue grants that will be expiring in 
1999 (Supportive Housing grants, Supportive Housing Demonstration 
Program grants, SAFAH grants, and Shelter Plus Care grants, as 
described below) will only be available through the competitive process 
described in this program section of the SuperNOFA.
    The need for the continuation of previously funded projects must be 
considered in the local needs analysis process and a decision should be 
made locally on the priority to assign to the continuation of a 
project. HUD will not fund renewals out of order on the priority list. 
It is important that the

[[Page 24001]]

applicant, regardless of the priority assigned to expiring projects, 
has fully considered how persons currently being served by those 
projects will continue to be served, and has addressed this issue in 
its gap analysis. In last year's competition, numerous renewal projects 
that were not assigned top priority by a locality did not receive 
funding. To the extent a community desires to have such projects 
renewed, it should give them the top priorities on the priority 
projects listing in the application. Since renewal projects receive no 
special consideration during the review, it is important that they meet 
minimum project eligibility, capacity, and quality standards identified 
in this program section of the SuperNOFA or they will be rejected. For 
the renewal of a Supportive Housing Program project, Supportive Housing 
Demonstration Program project or SAFAH project, you may request funding 
for one (1), two (2) or three (3) years. The amount of this request can 
be up to the total of HUD grant funds for leasing, operations, and 
supportive services approved for the final year of the expiring grant's 
term. For the renewal of a Shelter Plus Care project, the grant term is 
fixed at five (5) years as required by statute. You may request up to 
the amount determined by multiplying the number of units under lease at 
the time of application for renewal funding under this SuperNOFA by the 
applicable current Fair Market Rent(s) by 60 months. While full funding 
of existing grants may be requested, there is no guarantee that the 
entire amount will be awarded.
    This program section of the SuperNOFA is not applicable to the 
renewal of funding under the SRO program. For further guidance on SRO 
renewals, please contact your local HUD Field Office.
    Applicants eligible to apply for renewal of a grant are only those 
that have executed a grant agreement for the project directly with HUD. 
Project sponsors or subrecipients who have not signed such an agreement 
are not eligible to serve as applicant for renewal of these projects. 
The local HUD field office can provide assistance in determining 
eligibility to apply for project renewal. To be considered an applicant 
when applying as part of a consolidated application, the eligible 
applicant must submit an originally signed HUD Form SF-424 and the 
necessary certifications and assurances.

II. Application Requirements

    The application kit provides the application materials, including 
Form SF-424 and certifications, that must be used in applying for 
homeless assistance under this SuperNOFA. These application materials 
substitute for the forms, certifications, and assurances listed in 
Section II(G) of the General Section of the SuperNOFA.
    The application requires a description of the Continuum of Care 
system and proposed project(s). It also contains certifications that 
the applicant will comply with fair housing and civil rights 
requirements, program regulations, and other Federal requirements, and 
(where applicable) that the proposed activities are consistent with the 
HUD-approved Consolidated Plan of the applicable State or unit of 
general local government, including the Analysis of Impediments to Fair 
Housing and the Action Plan to address these impediments. Projects 
funded under this SuperNOFA shall operate in a fashion that does not 
deprive any individual of any right protected by the Fair Housing Act 
(42 U.S.C. 3601-19), section 504 of the Rehabilitation Act of 1973 (29 
U.S.C. 794) or the Americans With Disabilities Act of 1990 (42 U.S.C. 
12101 et seq.) Section II(D) of the General Section of this SuperNOFA 
regarding Affirmatively Furthering Fair Housing does not apply to the 
Continuum of Care Homeless Assistance programs.
    There are three options for submitting an application under this 
program section of the SuperNOFA.
    One: A ``Consolidated Application'' is submitted when a 
jurisdiction (or a consortium of jurisdictions) submits a single 
application encompassing a Continuum of Care strategy and containing 
all the projects within that strategy for which funding is being 
requested. Individual projects are contained within the one 
consolidated application. Grant funding may go to one entity which then 
administers all funded projects submitted in the application, or under 
this option, grant funding may go to all or any of the projects 
individually. Your application will specify the grantee for each 
project.
    Two: ``Associated Applications'' are submitted when applicants plan 
and organize a single Continuum of Care strategy which is adopted by 
project sponsors or operators who choose to submit separate 
applications for projects while including the identical Continuum of 
Care strategy. In this case, project funding would go to each 
successful applicant individually and each would be responsible to HUD 
for administering its separate grant.
    Three: A ``Solo Application'' is submitted when an applicant 
applies for a project exclusive of participation in any community-wide 
or region-wide Continuum of Care development process.
    Options one and two are not substantively different and will be 
considered equally competitive. Applicants are advised that projects 
that are not a part of a Continuum of Care strategy will receive few, 
if any, points under the Continuum of Care rating criteria.

III. Application Selection Process

(A) Review, Rating and Conditional Selection

    HUD will use the same review, rating, and conditional selection 
process for all three programs (S+C, SRO, and SHP). The standard 
factors for award identified in the General Section of this SuperNOFA 
have been modified in this program section as described below. Only the 
criteria described in this program section--Continuum of Care and 
Need--will be used to assign points. To review and rate applications, 
HUD 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. Two types of reviews will be 
conducted. Paragraphs (1) and (2) below describe threshold reviews and 
paragraphs (3) and (4) describe criteria--Continuum of Care and Need--
that will be used to assign points. Up to 104 points (including bonus 
points and points for the court-ordered consideration described in 
Section III(C)(1) and (2) of the General Section of the SuperNOFA) will 
be assigned using these criteria.
    (1) Applicant and sponsor eligibility and capacity. Applicant and 
project sponsor capacity will be reviewed to ensure the following 
eligibility and capacity standards are met. If HUD determines these 
standards are not met, the project will be rejected from the 
competition.
     The applicant must be eligible to apply for the specific 
program;
     The applicant must demonstrate that there is sufficient 
knowledge and experience to carry out the project(s). With respect to 
each proposed project, this means that in addition to knowledge of and 
experience with homelessness in general, the organization carrying out 
the project, its employees, or its partners, must have the necessary 
experience and knowledge to carry out the specific activities proposed, 
such as housing development, housing management, and service delivery;
     If the applicant or project sponsor is a current or past 
recipient of assistance under a HUD McKinney Act program or

[[Page 24002]]

the HUD Single Family Property Disposition Homeless Program, there must 
be no project or construction delay, HUD finding, or outstanding audit 
finding of a material nature regarding the administration of HUD 
McKinney Act programs or the HUD Single Family Property Disposition 
Homeless Program; and
     The applicant and project sponsors must be in compliance 
with applicable civil rights laws and Executive Orders, and must meet 
the threshold requirements of Section II(B) of the General Section of 
the SuperNOFA.
    (2) Project eligibility and quality. Each project will be reviewed 
to determine if it meets the following eligibility and threshold 
quality standards. If HUD determines the following standards are not 
met by a specific project or activity, the project or activity will be 
rejected from the competition.
     The population to be served must meet the eligibility 
requirements of the specific program, as described in the application 
instructions;
     The activity(ies) for which assistance is requested must 
be eligible under the specific program, as described in the program 
regulations;
     The housing and services proposed must be appropriate to 
the needs of the persons to be served. HUD may find a project to be 
inappropriate if:

--The type and scale of the housing or services clearly does not fit 
the needs of the proposed participants (e.g., housing homeless families 
with children in the same space as homeless individuals, or separating 
members of the same family, without an acceptable rationale provided);
--Participant safety is not addressed;
--The housing or services are clearly designed to principally meet 
emergency needs rather than helping participants achieve self-
sufficiency;
--Transportation and community amenities are not available and 
accessible; or
--Housing accessibility for persons with disabilities is not provided 
as required by applicable laws;

     The project must be cost-effective in HUD's opinion, 
including costs associated with construction, operations, and 
administration, with such costs not deviating substantially from the 
norm in that locale for the type of structure or kind of activity;
     Supportive services only projects, and all others, must 
show how participants will be helped to access permanent housing and 
achieve self-sufficiency;
     For the Section 8 SRO program, at least 25 percent of the 
units to be assisted at any one site must be vacant at the time of 
application; and
     For those projects proposed under the SHP innovative 
category: Whether or not a project is considered innovative will be 
determined on the basis that the particular approach proposed is new to 
the area, is a sensible model for others, and can be replicated.
    (3) Continuum of Care. Up to 60 points will be awarded as follows:
    (a) Process and Strategy. Up to 30 points will be awarded based on 
the extent to which the application demonstrates:
     The existence of a quality and inclusive community 
process, including organizational structure(s), for developing and 
implementing a Continuum of Care strategy which includes nonprofit 
organizations (such as veterans service organizations, organizations 
representing persons with disabilities, and other groups serving 
homeless persons), State and local governmental agencies, other 
homeless providers, housing developers and service providers, private 
foundations, local businesses and the banking community, neighborhood 
groups, and homeless or formerly homeless persons, as articulated in 
Section I(D) of this program section of the SuperNOFA; and
     That a quality and comprehensive strategy has been 
developed which addresses the components of a Continuum of Care system 
(i.e., outreach, intake, and assessment; emergency shelter; 
transitional housing; permanent and permanent supportive housing) and 
that strategy has been designed to serve all homeless subpopulations in 
the community (e.g., seriously mentally ill, persons with multiple 
diagnoses, veterans, persons with HIV/AIDS), including those persons 
living in emergency shelters, supportive housing for homeless persons, 
or in places not designed for, or ordinarily used as, a regular 
sleeping accommodation for human beings.
    (b) Gaps and Priorities. Up to 20 points will be awarded based on 
the extent to which the application:
     Describes the gap analysis performed, uses reliable 
information and sources that are presented completely and accurately, 
and establishes the relative priority of homeless needs identified in 
the Continuum of Care strategy; and
     Proposes projects that are consistent with the priority 
analysis described in the Continuum of Care strategy, describes a fair 
project selection process, explains how gaps identified through the 
analysis are being addressed, and correctly completes the priority 
chart.
    In reviewing a community's Continuum of Care and determining the 
points to assign, HUD will consider whether the community took its 
renewal needs into account in preparing its project priority list.
    (c) Supplemental Resources. Up to 10 points will be awarded based 
on the extent to which the application demonstrates leveraging of funds 
requested under this program section of the SuperNOFA with other 
resources, including private, other public, and mainstream services and 
housing programs.
    (d) EZ/EC bonus points. As provided for in Section III(C)(1) of the 
General Section of this SuperNOFA, a bonus of up to 2 points will be 
added to the Continuum of Care score when some proposed homeless 
assistance projects will be located within the boundaries and/or will 
principally serve the residents of a federal Empowerment Zone, 
Enterprise Community or Enhanced Enterprise Community (collectively 
``EZ/EC'') if priority placement will be given by the project to 
homeless persons living on the streets or in shelters within the EZ/EC, 
or whose last known address was within the EZ/EC. In order for a 
Continuum of Care system to receive any of the bonus points, the 
applicant must specifically state how it meets the EZ/EC bonus 
criterion, and provide a narrative describing the extent of the 
linkages and coordination between proposed projects and the EZ/EC. The 
greater the extent of EZ/EC involvement in and coordination with the 
implementation strategy for the Continuum of Care system and projects, 
the greater the likelihood that bonus points will be awarded.
    (e) Court-ordered consideration. Section III(C)(2) of the General 
Section is applicable to this program.
    (4) Need. Up to 40 points will be awarded for need. There is a 
three-step approach to determining the need scores to be awarded to 
projects:
    (a) Determining relative need: To determine the homeless assistance 
need of a particular jurisdiction, HUD will use nationally available 
data, including the following factors as used in the Emergency Shelter 
Grants program: data on poverty, housing overcrowding, population, age 
of housing, and growth lag. Applying those criteria to a particular 
jurisdiction provides an estimate of the relative need index for that 
jurisdiction compared to other jurisdictions applying for assistance 
under this program section of the SuperNOFA.
    (b) Applying relative need: That relative need index is then 
applied to the total amount of funding estimated to

[[Page 24003]]

be available under this program section of the SuperNOFA to determine a 
jurisdiction's pro rata need. HUD reserves the right to adjust pro rata 
need, if necessary, to address the issue of project renewals.
    (c) Awarding need points to projects: Once the pro rata need is 
established, it is applied against the priority project list in the 
application. Starting from the highest priority project, HUD proceeds 
down the list to include those projects whose total funding equals that 
jurisdiction's pro rata need. Those priority projects which fall within 
that pro rata need each receive the full 40 points for need. 
Thereafter, HUD proceeds further down the priority project list until 
two (2) times the pro rata need is reached and each of those projects 
receive 20 points. Remaining projects each receive 10 points. If a 
project priority chart is not submitted for the continuum, then all 
projects will receive 10 points for Need.
    In the case of competing applications from a single jurisdiction or 
service area, projects in the application that received the highest 
score out of the possible 60 points for Continuum of Care are eligible 
for up to 40 points under Need. Projects in the competing applications 
with lower Continuum of Care scores are eligible for only 10 points 
under Need.
    (5) Ranking. The score for Continuum of Care will be added to the 
Need score in order to obtain a total score for each project. The 
projects will then be ranked from highest to lowest according to the 
total combined score.
    (6) Conditional Selection and Adjustments to Funding. 
    (a) Conditional Selection. Whether a project is conditionally 
selected, as described in Section IV below, will depend on its overall 
ranking compared to others, except that HUD reserves the right to 
select lower rated eligible projects that are part of comprehensive, 
coordinated, and inclusive Continuum of Care systems that would not 
otherwise receive funding if necessary to achieve geographic diversity.
    When insufficient funds remain to fund all projects having the same 
total score, HUD will break ties by comparing scores received by the 
projects for each of the following scoring factors, in the order shown: 
Need, Overall Continuum of Care (COC) score, COC Process and Strategy, 
COC Gaps and Priorities, and COC Supplemental Resources. The final tie-
breaking factor is the priority number of the competing projects on the 
applicable COC priority list(s).
    (b) Adjustments to Funding. HUD may adjust funding of applications 
in accordance with the provisions of Section III(E) of the General 
Section of the SuperNOFA. HUD also reserves the right to ensure that a 
project that is applying for and eligible for selection under this 
competition is not awarded funds that duplicate activities.
    (7) Additional selection considerations. HUD will also apply the 
limitations on funding described below in making conditional 
selections.
    In accordance with section 429 of the McKinney Act, HUD will award 
Supportive Housing funds as follows: not less than 25 percent for 
projects that primarily serve homeless families with children; not less 
than 25 percent for projects that primarily serve homeless persons with 
disabilities; and not less than 10 percent for supportive services not 
provided in conjunction with supportive housing. After projects are 
rated and ranked, based on the criteria described above, HUD will 
determine if the conditionally selected projects achieve these minimum 
percentages. If not, HUD will skip higher-ranked projects in a category 
for which the minimum percent has been achieved in order to achieve the 
minimum percent for another category. If there are an insufficient 
number of conditionally selected projects in a category to achieve its 
minimum percent, the unused balance will be used for the next highest-
ranked approvable Supportive Housing project.
    In accordance with section 463(a) of the McKinney Act, as amended 
by the Housing and Community Development Act of 1992, at least 10 
percent of Shelter Plus Care funds will be awarded for each of the four 
components of the program: Tenant-based Rental Assistance; Sponsor-
based Rental Assistance; Project-based Rental Assistance; and Section 8 
Moderate Rehabilitation of Single Room Occupancy Dwellings for Homeless 
Individuals (provided there are sufficient numbers of approvable 
projects to achieve these percentages). After projects are rated and 
ranked, based on the criteria described below, HUD will determine if 
the conditionally selected projects achieve these minimum percentages. 
If necessary, HUD will skip higher-ranked projects for a component for 
which the minimum percent has been achieved in order to achieve the 
minimum percent for another component. If there are an insufficient 
number of approvable projects in a component to achieve its minimum 
percent, the unused balance will be used for the next highest-ranked 
approvable Shelter Plus Care project.
    In accordance with section 455(b) of the McKinney Act, no more than 
10 percent of the assistance made available for Shelter Plus Care in 
any fiscal year may be used for programs located within any one unit of 
general local government. In accordance with section 441(c) of the 
McKinney Act, no city or urban county may have Section 8 SRO projects 
receiving a total of more than 10 percent of the assistance made 
available under this program. HUD is defining the 10 percent 
availability this fiscal year as $10 million for Shelter Plus Care and 
$10 million for Section 8 SRO. However, if the amount awarded under 
either of these two programs exceeds $100 million, then the amount 
awarded to any one unit of general local government (for purposes of 
the Shelter Plus Care program) or city or urban county (for the 
purposes of the SRO program) could be up to 10 percent of the actual 
total amount awarded for that program.
    Lastly, HUD reserves the right to reduce the amount of a grant if 
necessary to ensure that no more than 10 percent of assistance made 
available under this program section of the SuperNOFA will be awarded 
for projects located within any one unit of general local government or 
within the geographic area covered by any one Continuum of Care. If HUD 
exercises a right it has reserved under this program section of the 
SuperNOFA, that right will be exercised uniformly across all 
applications received in response to this program section of the 
SuperNOFA.

IV. Funding Award Process

    HUD will notify conditionally selected applicants in writing. As 
necessary, HUD will subsequently request them to submit additional 
project information, which may include documentation to show the 
project is financially feasible; documentation of firm commitments for 
cash match; documentation showing site control; information necessary 
for HUD to perform an environmental review, where applicable; and such 
other documentation as specified by HUD in writing to the applicant, 
that confirms or clarifies information provided in the application. 
SHP, SRO, S+C and S+C/SRO applicants will be notified of the deadline 
for submission of such information. If an applicant is unable to meet 
any conditions for fund award within the specified timeframe, HUD 
reserves the right not to award funds to the applicant, but instead to 
either: use them to select the next highest ranked application(s) from 
the original competition for which there are sufficient funds 
available; or add them to funds available for the next competition for 
the applicable program.

[[Page 24004]]

V. Program Limitations

(A) SRO Program

    Applicants need to be aware of the following limitations that apply 
to the Section 8 SRO program:
     Under section 8(e)(2) of the United States Housing Act of 
1937, no single project may contain more than 100 assisted units;
     Under 24 CFR 882.802, applicants that are private 
nonprofit organizations must subcontract with a Public Housing 
Authority to administer the SRO assistance;
     Under section 8(e)(2) of the United States Housing Act of 
1937 and 24 CFR 882.802, rehabilitation must involve a minimum 
expenditure of $3000 for a unit, including its prorated share of work 
to be accomplished on common areas or systems, to upgrade conditions to 
comply with the Housing Quality Standards.
     Under section 441(e) of the McKinney Act and 24 CFR 
882.805(d)(1), HUD publishes the SRO per unit rehabilitation cost limit 
each year to take into account changes in construction costs. This cost 
limitation applies to rehabilitation that is compensated for in a 
Housing Assistance Payments Contract. For purposes of Fiscal Year 1998 
funding, the cost limitation is raised from $16,900 to $17,200 per unit 
to take into account increases in construction costs during the past 
12-month period.

(B) Shelter Plus Care/Section 8 SRO Component

    With regard to the SRO component of the Shelter Plus Care program, 
applicant States, units of general local government and Indian tribes 
must subcontract with a Public Housing Authority to administer the 
Shelter Plus Care assistance. Also with regard to this component, no 
single project may contain more than 100 units.

VI. Timeliness Standards

    Applicants are expected to initiate their approved projects 
promptly. If implementation difficulties occur, applicants need to be 
aware of the following timeliness standards:

(A) Supportive Housing Program

     HUD will deobligate SHP funds if site control has not been 
demonstrated within one (1) year after initial notification of the 
grant award, as provided in 24 CFR 583.320(a), subject to the 
exceptions noted in that regulation.
     Except where HUD finds that delay was due to factors 
beyond the control of the grantee, HUD may deobligate SHP funds if the 
grantee does not meet the following additional timeliness standards:

--Construction activities must begin within eighteen (18) months after 
initial notification of the grant award and be completed within thirty-
six (36) months after that notification.
--For activities that cannot begin until construction activities are 
completed, such as supportive service or operating activities that will 
be conducted within the building being rehabilitated or newly 
constructed, these activities must begin within three (3) months after 
the construction is completed.
--For all activities that may proceed independent of construction 
activities, these activities must begin within twelve (12) months after 
initial notification of the grant award.

(B) Shelter Plus Care Program Components Except SRO Component

    Except where HUD finds that delay was due to factors beyond the 
control of the grantee, HUD will deobligate S+C funds if the grantee 
does not meet the following timeliness standards:
     For Tenant-based Rental Assistance, for Sponsor-based 
Rental Assistance, and for Project-based Rental Assistance without 
rehabilitation, the rental assistance must begin within twelve (12) 
months of the initial announcement of the grant award.
     For Project-based Rental Assistance with rehabilitation, 
the rehabilitation must be completed within twelve (12) months of 
initial notification of the grant award.

(C) SRO Program and SRO Component of the Shelter Plus Care Program

    For projects carried out under the SRO program and the SRO 
component of the S+C program, the rehabilitation work must be completed 
and the Housing Assistance Payments contract executed within twelve 
(12) months of execution of the Annual Contributions Contract. HUD may 
reduce the number of units or the amount of the annual contribution 
commitment if, in the determination of HUD, the Public Housing 
Authority fails to demonstrate a good faith effort to adhere to this 
schedule.

VII. Linking Supportive Housing Programs and AmeriCorps

    Applicants for the Supportive Housing Program are encouraged to 
link their proposed projects with AmeriCorps, a national service 
program engaging thousands of Americans on a full or part-time basis to 
help communities address their toughest challenges, while earning 
support for college, graduate school, or job training. For information 
about AmeriCorps SHP partnerships, call the Corporation for National 
Service at (202) 606-5000 extension 486.

VIII. Other Matters

(A) Corrections to Deficient Applications

    The General Section of the SuperNOFA provides the procedures for 
corrections to deficient applications (See Section V of the General 
Section).

(B) Environmental Requirements

    All Continuum of Care assistance is subject to the National 
Environmental Policy Act of 1969 and related Federal environmental 
authorities. No Federal or non-Federal funds or assistance that limits 
reasonable choices or could produce a significant adverse environmental 
impact may be committed to a project until all required environmental 
reviews and notifications have been completed. Conditional selection of 
projects under the Continuum of Care Program is subject to the 
environmental review requirements under 24 CFR 582.230, 583.230, and 
882.804(c), as applicable.

(C) Section 3

    To the extent that any housing assistance (including rental 
assistance) funded through this program section of the SuperNOFA is 
used for housing rehabilitation (including reduction and abatement of 
lead-based paint hazards, but excluding routine maintenance, repair, 
and replacement) or housing construction, then it is subject to section 
3 of the Housing and Urban Rehabilitation Act of 1968, and the 
implementing regulations at 24 CFR part 135. Section 3, as amended, 
requires that economic opportunities generated by certain HUD financial 
assistance for housing and community development programs shall, to the 
greatest extent feasible, be given to low- and very low-income persons, 
particularly those who are recipients of government assistance for 
housing, and to businesses that provide economic opportunities for 
these persons.

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Notices  

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BILLING CODE 4210-32-C

  Federal Register / Vol. 63, No. 83 / Thursday, April 30, 1998 / 
Notices  

[[Page 24009]]



Housing Opportunities for Persons With AIDS (HOPWA)

    Program Description: Approximately $20,150,000 is available for 
housing assistance and supportive services under the Housing 
Opportunities for Persons With AIDS (HOPWA) program.
    Application Due Date: Completed applications must be submitted no 
later than 12:00 midnight, Eastern time, on July 10, 1998 at HUD 
Headquarters. See the General Section of this SuperNOFA for specific 
procedures governing the form of application submission (e.g., mailed 
applications, express mail, overnight delivery, or hand carried).
    Address for Submitting Applications: The completed original 
application must be submitted to: Processing and Control Branch, Office 
of Community Planning and Development, Department of Housing and Urban 
Development, 451 Seventh Street, SW, Room 7251, Washington, DC 20410. 
The original application submitted to HUD headquarters is considered 
the official application.
    In addition, two (2) copies of this application must also be 
submitted to the area CPD Field Office or Offices that serve the area 
in which activities are proposed; the list of addresses for area CPD 
Field Offices is provided in the HOPWA application kit. An applicant 
that proposes nationwide activities should file the two copies with 
their original with the HUD headquarters office. When submitting your 
applications, please refer to HOPWA, and include your name, mailing 
address (including zip code) and telephone number (including area 
code).

For Application Kits, Further Information and Technical Assistance

    For an application kit, supplemental information, and technical 
assistance please call the SuperNOFA Information Center at 1-800-HUD-
8929 (1-800-483-8929). Persons with hearing or speech impairments may 
call the Center's TTY number at 1-800-483-2209. The application kit 
also will be available on the Internet through the HUD web site at 
http://www.HUD.gov. When requesting an application kit, please refer to 
HOPWA and provide your name, address (including zip code), and 
telephone number (including area code).

Additional Information

I. Authority; Purpose; Amount Allocated; and Eligibility

(A) Authority

    This program is authorized under the AIDS Housing Opportunity Act 
(42 U.S.C. 12901). The regulations for HOPWA are found at 24 CFR part 
574.

(B) Purpose

    Under selection procedures established in Section II of this NOFA, 
the funds available under this NOFA will be used to fund projects for 
low-income persons with HIV/AIDS and their families under two 
categories of assistance:
    (1) Grants for Special Projects of National Significance (SPNS) 
that, due to their innovative nature or their potential for 
replication, are likely to serve as effective models in addressing the 
housing and related supportive service needs of eligible persons; and
    (2) Grants for projects that are part of Long-Term Comprehensive 
Strategies (Long-Term) for providing housing and related supportive 
services for eligible persons in areas that are not eligible for HOPWA 
formula allocations.

(C) Amount Allocated

    Approximately $20,150,000 is being made available by this NOFA. 
Additional funds may be awarded if funds are recaptured, deobligated, 
appropriated or otherwise made available during the fiscal year.
    (1) Maximum grant amounts. The maximum amount that an applicant may 
receive is $1,000,000 for program activities (e.g., activities that 
directly benefit clients). An applicant may also receive up to 3 
percent of the amount that is awarded for program activities for 
grantee administrative costs and, if the application involves project 
sponsors, up to 7 percent of the amount that is provided to project 
sponsors for program activities for the project sponsors' 
administrative costs. In addition, up to $50,000 may be requested to 
collect data on project outcomes. HUD reserves the right to reduce the 
amount requested for data collection on project outcomes in relation to 
the amount requested for program activities.
    For example, an applicant that proposes to use $1,000,000 for 
housing assistance could receive up to an additional $100,000 for 
administrative costs (potentially up to $30,000 for grantee 
administrative costs and up to $70,000 for project sponsors' 
administrative costs if the sponsors carry out that assistance) and 
$50,000 for data collection. Due to statutory limits on administrative 
costs, no project sponsor administrative costs are available in cases 
where the grantee directly carries out the program activities and that 
grantee is limited to using up to 3 percent of the grant amount for 
administering the grant. An applicant should note that the costs of 
staff that are carrying out the program activities may be included in 
those program activity costs and that costs may be prorated between 
categories as may be appropriate. A sponsor is only eligible to use up 
to 7 percent of the amount that they receive for the sponsor's 
administrative costs.
    (2) Award modifications. See the General Section of this SuperNOFA 
for information with regard to adjustments to funding. HUD also 
reserves the right to ensure that a project that is applying for and 
eligible for selection under this and other competitions, including the 
FY 1998 Continuum of Care Homeless Assistance NOFA, is not awarded 
funds that duplicate activities.

(D) Eligible Applicants

    (1) States, units of general local government, and nonprofit 
organizations may apply for grants for Special Projects of National 
Significance.
    (2) Certain States and units of general local government may apply 
for grants for projects under the Long-Term category of grants, if the 
proposed activities will serve areas that were not eligible to receive 
HOPWA formula allocations in fiscal year 1998. An appendix in the 
application kit will describe the formula areas. Nonprofit 
organizations are not eligible to apply directly for the Long-Term 
category of grants but may serve as a project sponsor for an eligible 
State or local government grantee.
    The HOPWA regulations at 24 CFR 574.3 provide for a definition of 
nonprofit organization, and eligibility of these organizations is 
further addressed in the application kit.

(E) Eligible Activities

    The following eligible activities are subject to standards and 
limitations found in 24 CFR part 574:
    (1) Housing information services (including fair housing 
counseling).
    (2) Project-based or tenant-based rental assistance.
    (3) New construction of a community residence or SRO dwelling.
    (4) Acquisition, rehabilitation, conversion, lease or repair of 
facilities to provide housing and services.
    (5) Operating costs for housing.
    (6) Short-term rent, mortgage and utility payments to prevent 
homelessness.
    (7) Supportive services.
    (8) Administrative expenses.
    (9) Resource identification and technical assistance;
    Under this NOFA, applicants may propose to operate technical 
assistance

[[Page 24010]]

and/or resource identification activities that help communities and 
organizations develop housing resources for persons with HIV/AIDS and 
their families. Generally, this assistance can be used to help 
communities to improve community-based needs assessments, undertake 
multiple-year HIV/AIDS housing planning, enhance facility operations 
and refine other management practices of organizations that provide or 
plan to provide housing assistance and/or related supportive services 
for persons living with HIV/AIDS and their families. This assistance 
can also be used to provide support for HOPWA project sponsors in the 
form of advice and training. These activities should help build the 
capacity of sponsors to undertake housing development, to operate 
housing programs, and use of funds in compliance with the Consolidated 
Planning Process and the Grants Management System. Funds may be used to 
provide assistance in developing community-based needs assessments and 
assistance for State-wide, metropolitan, nonmetropolitan and/or rural 
areas in development of area multiyear HIV and AIDS housing plans, and 
for research and information services. Applications to provide 
technical assistance and resource identification on a national or 
multijurisdictional basis also may be proposed.
    HUD has received community recommendations that the program place 
additional emphasis on assistance in the planning, development, and 
operation of projects as well as in undertaking the evaluation of 
performance from grantees and project sponsors that have been 
administering HOPWA formula allocations and/or competitive grants. The 
proposed use of funds for technical assistance and resource 
identification would also help respond to these recommendations; and
    (10) Other activities that are proposed in an application and 
approved by HUD, including data collection on project outcomes; 
however, HUD will not approve proposals that depend on future decisions 
on how funds are to be used, for example, a proposal to establish a 
local request-for-proposal process to select sponsors and activities.
    Project Outcomes. Under item (10), applicants are encouraged to 
apply for funds to collect data on project outcomes, particularly 
client outcomes. In addition, data may be collected on changes to 
housing and supportive services delivery systems as a result of the 
model project, including changes resulting from any innovative 
features. A plan for the collection of data and the reporting of 
information on project outcomes to HUD should be provided by applicants 
requesting funds for this purpose.
    In offering funds for outcomes data collection, this NOFA 
recognizes the importance of collecting information on model and 
innovative projects to support further improvements and reforms to the 
local assistance programs for persons with HIV/AIDS and their families 
and to be used in national evaluations.
    As noted above in Section I(C)(1), an applicant may request up to 
$50,000 to collect information and report to HUD, or a third party 
designated by HUD, on project outcomes.
    If funds are requested, the applicant must propose data collection 
activities in their application. The persons who will conduct these 
activities may include expert third-party assistance. Generally, this 
person will help a project:
    (a) Define monitoring questions that will be addressed and examined 
during the project period;
    (b) Specify outcome measures;
    (c) Develop instruments to assess project outcomes and systems 
outcomes;
    (d) Train project staff in the collection of the data, including 
preparation of standard Annual Progress Reports to HUD;
    (e) Monitor data collection activities to assure that submissions 
are complete and accurate, including data coding and entry;
    (f) Summarize the data collected; and
    (g) Prepare reports summarizing findings.

II. Program Requirements

(A) Performance Measures and Project Goals and Objectives

    Applicants should establish and describe performance goals and 
objectives that are important in developing the proposed projects and 
that will be used to evidence accomplishments under the HOPWA 
performance measures. These goals and objectives (i.e., specific, 
achievable and time-limited statements) will be a basis for a review of 
project outcomes and help establish the nature of possible findings 
that would be disseminated to the benefit of other projects.
    As standard, program-wide performance measures, applicants should 
use the following:
    (1) In the area to be served, increase the number of short-term 
housing units (that may include access to related supportive services) 
by an estimated ``xx'' by the end of the program year. For example, a 
transitional program that provides five units that are used in 
conjunction with drug and/or alcohol abuse treatment and counseling 
and/or mental health services with a plan for client outplacement to 
other housing.
    (2) In the area to be served, increase the number of permanent 
housing units by an estimated ``xx'' by the end of the program year. 
For example, a program designed to offer 25 rental vouchers and 
assistance to participants in finding housing with access to service 
components that could assist clients in maintaining daily living 
activities through an appropriate range of support.

(B) Performance Benchmarks

    Funds received under this competition are expected to be expended 
within 3 years following the date of the signing of a grant agreement. 
As a condition of the grant, selected projects are expected to 
undertake activities based on the following performance benchmarks:
    (1) A project that involves the acquisition or leasing of a site is 
required to gain site control within one year of their selection (i.e, 
one year from the date of the signing of their selection letter by 
HUD);
    (2) If the project is proposing to use HOPWA funds to undertake 
rehabilitation or new construction activities, the project is required 
to begin the rehabilitation or construction within 18 months of their 
selection and to complete the activity within 3 years of that date; and
    (3) Except for a project that involves HOPWA-funded rehabilitation 
or construction activities, the project is required to begin program 
operations within one year of their selection. If a selected project 
does not meet the appropriate performance benchmark, HUD reserves the 
right to cancel or withdraw the grant selection or otherwise deobligate 
awarded funds. In exercising this right, the Secretary may waive a 
termination action in cases that HUD determines evidence that the delay 
and failure to meet the performance benchmark are due to factors that 
were beyond the control of the grantee.

(C) Availability of FY 1998 Formula Allocations

    In FY 1998, a total of $183.6 million was allocated by formula to 
the qualifying cities for 59 eligible metropolitan statistical areas 
(EMSAs) and to 29 eligible States for areas outside of EMSAs. All HOPWA 
formula grants are available as part of the jurisdiction's Consolidated 
Plan, which also includes the Community Development Block Grant, HOME 
Investment Partnerships program, and Emergency Shelter Grants. Plans 
are

[[Page 24011]]

developed through a public process that assesses area needs, creates a 
multiple-year strategy and proposes an action plan for use of Federal 
funds and other community resources in a coordinated and comprehensive 
manner. Information on consolidated planning, including HOPWA formula 
programs, is available on the HUD HOME Page at www.hud.gov/cpd/
cpdallst.html.

III. Application Selection Process

(A) HOPWA Application Reviews

    HOPWA Applications will be reviewed to ensure that they meet the 
threshold requirements found in Section II of the General Section of 
the Super NOFA. Applications will also be reviewed to ensure that:
    (1) A Certification of Consistency with Consolidated Plans is 
provided. Under the HOPWA program, proposed activities that are located 
in a jurisdiction are required to be consistent with the jurisdiction's 
current, approved Consolidated Plan, including the Analysis of 
Impediments to Fair Housing and the Action Plan to address these 
impediments, except that this certification is not required for 
projects that propose to undertake activities on a national basis; and
    (2) The applicant is currently in compliance with the Federal 
requirements contained in 24 CFR part 574, subpart G, ``Other Federal 
Requirements.''

(B) The HOPWA Competition

    This national competition will involve the review, rating, and 
selection of HOPWA applications under each of the two categories of 
assistance (Special Projects of National Significance (SPNS), and Long-
Term Comprehensive Strategies (Long-Term) in areas that do not qualify 
for HOPWA formula allocations).

(C) Procedures for the Rating of Applications

    HOPWA applications will be rated based on the criteria listed 
below. The rating factors are common for all applications, except that 
some elements are specific for an application that is submitted under 
the Special Projects of National Significance category, and other 
elements are specific for an application that is submitted under the 
second category for Projects that are part of Long-Term Comprehensive 
Strategies in areas that do not qualify for HOPWA formula allocations.

(D) Factors for Award Used To Evaluate and Rate Applications

    The factors for rating and ranking applicants, and maximum points 
for each factor, are provided below. The points awarded for the factors 
total 100. In addition, bonus points available under Section III(C)(2) 
of the General Section of this SuperNOFA apply to this competition. 
After rating, these applications will be placed in the rank order of 
their final score for selection within the appropriate category of 
assistance.
Rating Factor 1: Capacity of the Applicant and Project Sponsors and 
Relevant Organizational Experience (20 Points)
    This factor addresses the extent to which the applicant and any 
project sponsor has the organizational resources necessary to 
successfully implement the proposed activities in a timely manner.
    HUD will award up to 20 points based on the ability of the 
applicant and any project sponsor to develop and operate the proposed 
program, such as housing development, management of housing facilities 
or units, and service delivery, in relation to which entity is carrying 
out an activity.
    (1) With regard to both the applicant and the project sponsor(s), 
HUD will consider:
    (a) Past experience and knowledge in serving persons with HIV/AIDS 
and their families;
    (b) Past experience and knowledge in programs similar to those 
proposed in the application;
    (c) Experience and knowledge in monitoring and evaluating program 
performance and disseminating information on project outcomes; and
    (d) The applicant's past experience as measured by expenditures and 
measurable progress in achieving the purpose for which funds were 
provided.
    (2) In reviewing the elements of paragraph (1), HUD will consider 
the extent to which the proposal demonstrates:
    (a) The knowledge and experience of the proposed project director 
and staff, including the day-to-day program manager, consultants and 
contractors in planning and managing the kind of activities for which 
funding is being requested. The applicant and any project sponsor will 
be judged in terms of recent, relevant and successful experience of 
their staff to undertake eligible program activities, including 
experience and knowledge in serving persons with HIV/AIDS and their 
families.
    (b) The applicant's and/or sponsor's experience in managing complex 
interdisciplinary programs, especially those involving housing and 
community development programs directly relevant to the work activities 
proposed and carrying out grant management responsibilities.
    (c) If the applicant and/or sponsor received funding in previous 
years in the program area for which they are currently seeking funding, 
the applicant's or sponsor's past experience will be evaluated in terms 
of their ability to attain demonstrated measurable progress in the 
implementation of their recent grant awards, as measured by 
expenditures and measurable progress in achieving the purpose for which 
funds were provided.
Rating Factor 2: Need/Extent of the Problem (20 Points)
    This factor addresses the extent to which there is a need for 
funding the proposed program activities and an indication of the 
urgency of meeting the need in the target area. For up to 15 points, 
HUD will award points as follows under paragraphs (1) to (3), and 5 
points under paragraph (4).
    (1) (5 Points) AIDS Cases. Up to five of these points will be 
determined by the relative numbers of AIDS cases and per capita AIDS 
incidence, in metropolitan areas of over 500,000 population and in 
areas of a State outside of these metropolitan areas, in the State for 
proposals involving state-wide activities, and in the nation for 
proposals involving nation-wide activities. To determine these points, 
HUD will obtain AIDS surveillance information from the Director of the 
Centers for Disease Control and Prevention.
    (2) (5 Points) Description of Need. Up to five of these points will 
be determined by the extent to which there is a need for funding 
eligible activities in the area to be served. The applicant should 
demonstrate that the area to be served has an urgent and unmet need in 
the eligible population, as follows:
    (a) The applicant should describe in its application for a proposed 
Special Project of National Significance, the need that is not 
currently addressed by other projects or programs in the area, any 
unresolved or emerging issues, and/or the need to provide new or 
alternative forms of assistance that enhance area systems of housing 
and related care for persons living with HIV/AIDS and their families; 
or
    (b) The applicant should describe in its application for a proposed 
project that is part of a Long-Term Comprehensive Strategy in an area 
that does not receive a HOPWA formula allocation, the need that is not 
currently addressed by other projects or programs in the area, any 
unresolved or emerging issues, and/or the need to provide forms

[[Page 24012]]

of assistance that enhance the community's strategy for providing 
housing and related services to eligible persons.
    HUD will consider the application's presentation of statistics and 
data sources based on soundness and reliability and the specificity of 
information to the target population and the area to be served. To the 
extent that the jurisdiction's Consolidated Plan and Analysis of 
Impediments to Fair Housing Choice, Continuum of Care Homeless 
Assistance plans, comprehensive HIV/AIDS housing plans and other 
sources are applicable and identify the level of the problem and the 
urgency in meeting the need, references to these documents should be 
included in the response. If the application proposes to serve a 
subpopulation of eligible persons on the basis that these persons have 
been traditionally underserved, the application must document the need 
for this targeted effort.
    (3) (5 Points) Need in Non-Formula Areas and for Renewals. Within 
the points available under this criterion, HUD will award points under 
the following two circumstances:
    (a) An application that proposes to serve clients in an area that 
does not qualify for HOPWA formula allocation. HUD recognizes that the 
clients in these areas that benefit under the proposed project do not 
have access to HOPWA formula allocations that distribute 90 percent of 
the annual appropriation for this program; or
    (b) An application that proposes to continue the operations of 
HOPWA funded activities that have been supported by HOPWA competitive 
funds in prior years and that have operated with reasonable success. An 
applicant has operated with reasonable success if it shows that 
previous HOPWA-funded activities have been carried out and are nearing 
completion of the planned activities in a timely manner. The applicant 
should also show that performance reports were provided and that 
benchmarks, if any, in program development and operation have been met, 
and that the number of persons assisted is comparable to the number 
that was planned at the time of application.
    (4) (5 Points) Highest Rated in a State or the Nation (for 
nationwide activities). After the other rating factors have been 
determined, HUD will award five of the points to help achieve greater 
geographic diversity in funding activities within a variety of States. 
Under this criterion, five points will be awarded to the highest rated 
application under each category in each State and to the highest rated 
application among the applications that propose nationwide activities.
    (5) Up to two (2) additional points will be awarded to any 
application submitted by the City of Dallas, Texas, to the extent this 
subfactor is addressed. Due to an order of the U.S. District Court for 
the Northern District of Texas, Dallas Division, with respect to any 
application submitted by the City of Dallas, Texas, HUD's consideration 
of this subfactor will consider the extent to which the applicant's 
plan for the use of HOPWA funds will be used to eradicate the vestiges 
of racial segregation in the Dallas Housing Authority's programs 
consistent with the Court's order.
Rating Factor 3: Soundness of Approach: Responsiveness and Model 
Qualities (40 Points)
    This factor addresses the quality of the applicant's proposed plan 
in providing a clear relationship between the proposed activities, 
community needs and the purpose of the program funding. HUD will award 
up to 40 points based on the extent to which the proposal shows a 
soundness in its approach to assisting HOPWA eligible persons.
    (1) (20 Points) Responsiveness. Of the points available under this 
criteria, HUD will award up to 20 points based on the proposal's 
responsiveness to the needs of clients. HUD will consider the extent to 
which the proposed activities address area needs for the project. The 
proposal should demonstrate that:
    (a) The proposed activities respond to the need for housing and 
related supportive services for eligible persons in the community. 
Under this NOFA, HUD is requiring that an application that proposes to 
use HOPWA funds for supportive services only should clearly demonstrate 
that the housing needs of eligible persons in the area are addressed 
through other means to ensure that the proposal fits within the 
purposes of this program;
    (b) The proposed activities will offer a personalized response to 
the needs of clients that maximizes opportunities for independent 
living, including accessibility of housing units and other structures, 
and in the case of a family, accommodates the needs of families.
    (c) The proposed activities will result in tangible benefits for 
the community and for persons with HIV/AIDS and their families, 
including persons who have been traditionally underserved, as 
documented by the applicant under Factor 2 in the application's 
description of need.
    (d) In relation to technical assistance activities proposed in the 
application, the proposed activities respond to the technical 
assistance needs of programs that provide or seek to provide housing 
and related supportive services for HOPWA-eligible persons.
    (2) (15 Points) Model Qualities. Of the points available under this 
criteria, HUD will award up to 15 points based on the proposal's model 
qualities in offering or expanding housing opportunities for persons 
living with HIV/AIDS and their families. The proposal should 
demonstrate that the design, planning, operation, coordination with 
health-care and other supportive services, management oversight, and 
evaluation of activities are appropriate and sufficiently shown to 
serve as a model for replication in other similar communities.
    HUD will consider the extent to which the application demonstrates 
that the proposed activities will result in measurable accomplishments 
that serve as a Special Project of National Significance, when compared 
to other applications and projects funded under this category in the 
past; or a Project that is part of a Long-Term Comprehensive Strategy 
for providing housing and related supportive services for HOPWA-
eligible persons in areas of the nation that do not receive HOPWA 
formula allocations.
    Under this criterion, the highest rating will be given to 
applications that demonstrate:
    (a) That the proposed activities will be undertaken using 
technically competent methodologies for conducting the work to be 
performed that may include a cost-effective plan for designing, 
organizing, and carrying out the proposed activities. The proposed cost 
estimates should be reasonable for the work to be performed and 
consistent with rates established for the level of expertise required 
to perform the work in the proposed geographic area. All activities 
that include rehabilitation, construction, weatherization, lead-based 
paint removal, and other activities related to site and design must 
meet or exceed local building codes.
    (b) A potential for yielding a ``best practice'' that can be 
replicated and disseminated to other organizations, including nonprofit 
organizations and State and local governments. HUD will assess the 
transferability of results in terms of model programs or lessons 
learned from the work performed under the award. If selected, the 
applicant will be required to prepare an analysis of best practices as 
part of their reports to HUD that may be used by HUD to

[[Page 24013]]

inform others who may be interested in learning from the experiences 
gained from the work performed under awards funded through this NOFA.
    (c) In the case of a project that is part of a Long-Term 
Comprehensive Strategy in an area that does not receive a HOPWA formula 
allocation, that the proposed project is part of a community strategy 
involving local, metropolitan, or State-wide planning and coordination 
of housing programs designed to meet the changing needs of low-income 
persons with HIV/AIDS and their families, including programs providing 
housing assistance and related services that are operated by Federal, 
State, local, private, and other entities serving eligible persons.
    (3) (5 Points) Innovation. Of the points available under this 
factor, HUD will award up to five points for an application that 
demonstrates innovation in the provision of housing for persons living 
with HIV/AIDS and their families.
    HUD will consider the extent to which the project involves a new 
program for, or alternative method of, meeting the needs of eligible 
persons, when compared to other HOPWA applications under this notice 
and HOPWA projects funded in the past. HUD will consider the extent to 
which the project design, management plan, proposed effects, local 
planning and coordination of housing programs, and proposed activities 
help to ensure that the innovation or innovative quality will benefit 
eligible persons. HUD will also consider the extent to which the 
proposal provides for the evaluation of this innovation or quality in 
order to measure the benefit(s) and allow for the dissemination of 
information on the success of the proposed activities in assisting 
eligible persons and/or in establishing or operating systems of housing 
and related care for eligible persons. Under this criterion, the 
highest rating will be given to applications that demonstrate 
innovation in a clear and reasonable manner and the innovation is 
likely, in HUD's view, to be effective in addressing needs.
Rating Factor 4: Leveraging Resources (10 Points)
    This factor addresses the ability of the applicant to secure 
community resources which can be combined with HUD's program resources 
to achieve program purposes. HUD will award up to 10 points based on 
the extent to which resources from other public or private sources have 
been committed to support the project at the time of application. 
Exhibit 4 of the application kit provides guidance on the appropriate 
language that applicant's must use to document these leveraged 
resources.
    In establishing leveraging, HUD will not consider other HOPWA-
funded activities, entitlement benefits inuring to eligible persons, or 
conditioned commitments that depend on future fund-raising or actions. 
In assessing the use of acceptable leveraged resources, HUD will 
consider the likelihood that State and local resources will be 
available and continue during the operating period of the grant. In 
evaluating this factor HUD will also consider:
    (1) The extent to which the applicant documents leveraged 
resources, such as funding and/or in-kind services from governmental 
entities, private organizations, resident management organizations, 
educational institutions, or other entities in order to achieve the 
purposes of the project for which the applicant is requesting HOPWA 
funds.
    (2) The extent to which the documented resources evidence that the 
applicant has partnered with other entities to make more effective use 
of available public or private resources. Partnership arrangements may 
include, but are not limited to, funding or in-kind services from local 
governments or government agencies, nonprofit or for-profit entities, 
private organizations, educational institutions, or other entities that 
are willing to partner with the applicant on proposed activities in 
order to leverage resources, or partnering with other program funding 
recipients to make more effective use of resources within the 
geographic area covered by the award.
Rating Factor 5: Comprehensiveness and Coordination (10 Points)
    This factor addresses the extent to which the applicant coordinated 
its activities with other known organizations, participates or promotes 
participation in a community's Continuum of Care Homeless Assistance 
planning process (if homeless persons are to be served by proposed 
activities), the jurisdiction's Consolidated Planning process, and is 
working towards addressing a need in a holistic and comprehensive 
manner through linkages with other activities in the community. HUD 
will award up to 10 points based on the proposal's comprehensiveness 
and coordination. In order to ensure that resources are used to their 
maximum effect within the community, it is important that organizations 
seeking funds under this program be involved in HUD's planning 
processes for community development and homeless assistance resources. 
If an applicant, sponsor or other involved organization has been 
involved in these processes, that involvement should be described under 
this factor.
    HUD will consider the extent to which the proposal describes how 
activities were planned and are proposed to be carried out with HOPWA 
funds and other resources in order to provide a comprehensive and 
responsive range of housing and related supportive services to meet the 
changing needs of eligible persons. The proposal should demonstrate 
that housing is provided in conjunction with the client's access to 
health-care and other supportive services in the area to be served, 
including assistance provided under the Ryan White CARE Act programs.
    In evaluating this factor, HUD will consider the extent to which 
the applicant demonstrates it has:
    (1) Coordinated its proposed activities with those of other groups 
or organizations prior to submission in order to best complement, 
support, and coordinate all known activities, and if funded, the 
specific steps it will take to share information on solutions and 
outcomes with others. Any written agreements, memoranda of 
understanding in place, or that will be in place after award should be 
described.
    (2) Been actively involved in its community's Continuum of Care 
Homeless Assistance planning process (if homeless persons are to be 
served by proposed activities), and/or the jurisdiction's Consolidated 
Planning process established to identify and address a need/problem 
that is related in whole, or part, directly, or indirectly to the 
activities the applicant proposes.
    In the case of technical assistance providers, the applicant will 
be evaluated on the specific steps it will take to work with recipients 
of technical assistance services to inform them of, and get them 
involved in, the community's Continuum of Care Homeless Assistance 
planning process and/or the jurisdiction's Consolidated Planning 
process, as applicable. HUD will review more favorably those applicants 
who can demonstrate they are active, or in the case of technical 
assistance providers, will work with recipients of technical assistance 
to get them involved in these local and State planning process.
    (3) Developed linkages, or the specific steps it will take to 
develop linkages with other activities, programs or projects through 
meetings, information networks, planning processes, or other mechanisms 
to coordinate its activities

[[Page 24014]]

so solutions are holistic and comprehensive, including linkages with:
    (a) Other HUD-funded projects/activities outside the scope of those 
covered by the Consolidated Plan; and
    (b) Other activities funded by the Federal, State, or local 
government, including those proposed or on-going in the community.

(E) Selection of HOPWA Awards

    Whether an HOPWA application is conditionally selected will depend 
on its overall ranking compared to other applications within each of 
the two categories of assistance. HUD will select applications in rank 
order in each category of assistance to the extent that funds are 
available, except as noted below. In allocating amounts to the 
categories of assistance, HUD reserves the right to ensure that 
sufficient funds are available for the selection of at least one 
application under each category of assistance.
    HUD reserves the right to achieve greater diversity in the 
selection of applications (i.e., by selecting a lower rated 
application), in the case that an application demonstrates a great 
unmet need and no applicant in that State has been the recipient of any 
prior HOPWA competitive grant or formula allocation. In selecting a 
lower rated application in order to achieve greater diversity under 
this paragraph (i.e. resulting in funding activities within a variety 
of states), HUD will not select an application that is rated below 50 
points.
    In the event of a tie between applications in a category of 
assistance, HUD reserves the right to break the tie: by selecting the 
proposal that increases geographic diversity as defined in the prior 
paragraph; and, if greater geographic diversity is not achievable, by 
subsequently designating as the higher rated proposal, that proposal 
which was scored higher on a rating criterion, taken in the following 
order until the tie is broken: the Soundness of Approach: 
Responsiveness and Model Qualities (Rating Factor 3); Comprehensiveness 
and Coordination (Rating Factor 5); the Capacity of the Applicant and 
Relevant Organizational Experience (Rating Factor 1); the Need/Extent 
of the Problem (Rating Factor 2); and Leveraging Resources (Rating 
Factor 4).
    HUD will notify conditionally selected applicants in writing. Such 
applicants will subsequently be notified of any modification made by 
HUD, the additional project information necessary for grant award, and 
the date of deadline for submission of such information. In the event 
that a conditionally-selected applicant is unable to meet any 
conditions for fund award within the specified timeframe or funds are 
deobligated under a grant awarded under this competition, HUD reserves 
the right not to award funds to the applicant, but instead to: use 
those funds to make awards to the next highest rated applications in 
this competition; to restore amounts to a funding request that had been 
reduced in this competition; or to add amounts to funds available for 
the next competition.

IV. Application Submission Requirements

    The HOPWA application kit provides an application that must be used 
in applying for program funds under this NOFA. The HOPWA application 
provides certifications and an SF-424 that are applicable to this 
program, and HOPWA applicants are not required to provide the forms, 
certifications, and assurances listed in Section II(G) of the General 
Section of the SuperNOFA. Section II(D) of the General Section of this 
SuperNOFA regarding Affirmatively Furthering Fair Housing does not 
apply to the HOPWA program.
    All HOPWA applications must contain the following items:

(A) Transmittal Letter

    This letter identifies which program under the SuperNOFA for which 
funds are requested and the dollar amount requested.

(B) Narrative Statements

    The HOPWA application provides for narrative statements that 
address the Factors for Award found at Section III(D) of this NOFA.

(C) Service Areas

    The HOPWA application provides for a statement to identify the 
area(s) in which the application proposes to offer housing and/or 
services.

(D) Budget

    The budget should be submitted on the form found in the HOPWA 
Application Kit, in lieu of the standard budget form under the General 
Section of this SuperNOFA.

V. Corrections to Deficient Applications

    The General Section of the SuperNOFA provides the procedures for 
corrections to deficient applications.

VI. Environmental Requirements

    All HOPWA assistance is subject to the National Environmental 
Policy Act of 1969, applicable related Federal environmental 
authorities, and the environmental review requirements in 24 CFR 
574.510. HUD's conditional selection of an application does not 
constitute approval of a proposed site. Before an applicant or project 
sponsor may acquire, rehabilitate, convert, lease, repair or construct 
properties to provide housing, or commit Federal or non-Federal funds 
to such activities, HUD will perform an environmental review with 
respect to a proposed property in accordance with 24 CFR part 50.

VII. Section 3

    To the extent that any housing assistance (including rental 
assistance) funded through this program section of the SuperNOFA is 
used for housing rehabilitation (including reduction and abatement of 
lead-based paint hazards, but excluding routine maintenance, repair, 
and replacement) or housing construction, then it is subject to section 
3 of the Housing and Urban Rehabilitation Act of 1968, and the 
implementing regulations at 24 CFR part 135. Section 3, as amended, 
requires that economic opportunities generated by certain HUD financial 
assistance for housing and community development programs shall, to the 
greatest extent feasible, be given to low-and very low-income persons, 
particularly those who are recipients of government assistance for 
housing, and to businesses that provide economic opportunities for 
these persons.

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Notices  

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Funding Availability for Section 202 Supportive Housing for the 
Elderly Program

    Program Description: Approximately $402,397,190 is available for 
the Section 202 Supportive Housing for the Elderly Program. Under the 
Section 202 Program, assistance is provided to private nonprofit 
organizations and nonprofit consumer cooperatives to expand the supply 
of supportive housing for the elderly.
    Application Due Date: Completed applications must be submitted no 
later than 6:00 pm, local time on July 7, 1998 at the address shown 
below. See the General Section of this SuperNOFA for specific 
procedures governing the form of application submission (e.g., mailed 
applications, express mail, overnight delivery, or hand carried).
    Address for Submitting Applications: Completed applications (an 
original and four copies) must be submitted to the Director of either 
the Multifamily Hub Office or Multifamily Program Center having 
jurisdiction over the proposed project with the following exceptions:
    1. Applications for projects proposed to be located within the 
jurisdiction of the Seattle, Washington and the Anchorage, Alaska 
Offices must be submitted to the Portland, Oregon Office.
    2. Applications for projects proposed to be located within the 
jurisdiction of the Sacramento, California Office must be submitted to 
the San Francisco, California Office.
    3. Applications for projects proposed to be located within the 
jurisdiction of the Cincinnati, Ohio Office must be submitted to the 
Columbus, Ohio Office.
    4. Applications for projects proposed to be located within the 
State of Nevada must be submitted to the Denver, Colorado Office.
    A listing of the Multifamily Hubs and Program Centers, their 
addresses, and telephone numbers, including TTY numbers is included in 
the application kit, and is also available from HUD's SuperNOFA 
Information Center at 1-800-HUD-8929 and from the Internet through the 
HUD web site at http://www.hud.gov.

For Application Kits, Further Information, and Technical Assistance

    For Application Kits. For an application kit and any supplemental 
information, please call HUD's 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. The application kit also will be 
available on the Internet through the HUD web site at http://
www.hud.gov. When requesting an application kit, please refer to the 
Section 202 Program and provide your name, address (including zip 
code), and telephone number (including area code).
    You may also contact the Multifamily Hub Office or Multifamily 
Program Center having jurisdiction over the proposed project.
    Immediately upon publication of this SuperNOFA, if HUD Offices have 
not already provided names to the SuperNOFA Information Center, the 
Offices shall notify elderly and minority media, all persons and 
organizations on their mailing lists, minority and other organizations 
within their jurisdiction involved in housing and community 
development, and other groups with special interest in housing for 
elderly households.
    For Further Information and Technical Assistance. For further 
information and technical assistance, please contact the Multifamily 
Hub Office or Multifamily Program Center having jurisdiction over the 
proposed project. HUD encourages minority organizations to participate 
in this Section 202 Program as Sponsors and strongly recommends that 
prospective applicants attend the local HUD Office workshop which will 
be held within three weeks of the publication of this SuperNOFA. 
Interested applicants should ensure that their names are included on 
the appropriate HUD Office's mailing list so that they will be informed 
of the date, time and place of the workshop. Interested persons with 
disabilities should contact the HUD Office to assure that any necessary 
arrangements can be made to enable their attendance and participation 
in the workshop. At the workshops, HUD will explain application 
procedures and requirements. Also, HUD will address concerns such as 
local market conditions, building codes and accessibility requirements, 
historic preservation, floodplain management, displacement and 
relocation, zoning, and housing costs.
    Sponsors who cannot attend the workshops are strongly encouraged to 
contact the appropriate HUD Office with any questions regarding the 
submission of applications to that particular office and to request any 
materials distributed at the workshop.

Additional Information

I. Authority; Purpose; Amount Allocated; and Eligibility

(A) Authority

    The Section 202 Supportive Housing for the Elderly Program is 
authorized by section 202 of the Housing Act of 1959 (12 U.S.C. 1701q). 
Section 202 was amended by section 801 of the Cranston-Gonzalez 
National Affordable Housing Act (NAHA)(Pub. L. 101-625; approved 
November 28, 1990). Section 202 was also amended by the Housing and 
Community Development Act of 1992 (HCD Act of 1992)(Pub.L. 102-550; 
approved October 28, 1992), and by the Rescissions Act (Pub.L. 104-19; 
enacted on July 27, 1995).

(B) Purpose

    The purpose of this NOFA is to provide funds to enable private 
nonprofit organizations and nonprofit consumer cooperatives to expand 
the supply of supportive housing for very low-income persons 62 years 
of age or older that is designed to accommodate the special needs of 
elderly persons and provides a range of services that are tailored to 
the needs of elderly persons occupying such housing.
    HUD provides the assistance as capital advances and contracts for 
project rental assistance in accordance with 24 CFR part 891. Capital 
Advances are used to finance the construction or rehabilitation of a 
structure, or acquisition of a structure from the Federal Deposit 
Insurance Corporation (formerly held by the Resolution Trust 
Corporation) (FDIC/RTC). Capital Advance funds will bear no interest 
and will be based on development cost limits published in the Federal 
Register. Repayment of the capital advance is not required as long as 
the housing remains available for occupancy by very low-income elderly 
persons for at least 40 years.
    Project rental assistance contracts are used to supplement the 
difference between what the residents pay and the HUD-approved expense 
to operate the project.

(C) Amount Allocated

    For supportive housing for the elderly, the FY 1998 HUD 
Appropriations Act provides $645,000,000 for capital advances, 
including amendments to capital advance contracts, for supportive 
housing for the elderly as authorized by section 202 of the Housing Act 
of 1959 (as amended by the NAHA and HCD Act of 1992), and for project 
rental assistance, and amendments to contracts for project rental 
assistance, for supportive housing for the elderly under section 
202(c)(2) of the Housing Act of 1959, as amended. In accordance with 
the waiver authority provided in the Act, the Secretary is waiving the 
following statutory and regulatory provision: The term of the project 
rental

[[Page 24018]]

assistance contract is reduced from 20 years to a minimum term of 5 
years. HUD anticipates that at the end of the contract terms, renewals 
will be approved subject to the availability of funds. In addition to 
this provision, HUD will reserve project rental assistance contract 
funds based on 75 percent rather than on 100 percent of the current 
operating cost standards for approved units in order to take into 
account the average tenant contribution toward rent.
    Although not subject to the section 213(d) requirements, a formula 
is still used for allocating Section 202 funds. The allocation formula 
was developed to reflect the ``relevant characteristics of prospective 
program participants'', as specified in 24 CFR 791.402(a). The FY 1998 
formula for allocating Section 202 capital advance funds consists of 
one data element: a measure of the number of one and two person renter 
households with incomes at or below the Departments's Very-low Income 
Limit (50 percent of area median family income, as determined by HUD, 
with an adjustment for household size), which have housing 
deficiencies. The counts of elderly renter households with housing 
deficiencies were taken from a special tabulation of the 1990 Decennial 
Census. The formula focuses the allocation on targeting the funds based 
on the unmet needs of elderly renter households with housing problems.
    Under Section 202, 85 percent of the total capital advance amount 
is allocated to metropolitan areas and 15 percent to nonmetropolitan 
areas. In addition, each HUD Office jurisdiction receives sufficient 
capital advance funds for a minimum of 20 units in metropolitan areas 
and 5 units in nonmetropolitan areas. The total amount of capital 
advance funds to support these minimum set-asides are then subtracted 
from the respective (metropolitan or nonmetropolitan) total capital 
advance amount available. The remainder is fair shared to each HUD 
Office jurisdiction based on the allocation formula fair share factors. 
NOTE: The allocations for metropolitan and nonmetropolitan portions of 
the Multifamily Hub or Program Center jurisdictions reflect the most 
current definitions of metropolitan and nonmetropolitan areas, as 
defined by the Office of Management and Budget.
    A fair share factor is developed for each metropolitan and 
nonmetropolitan portion of each local HUD Office jurisdiction. A fair 
share factor is developed by taking the number of renter households for 
the total United States. The resulting percentage for each local HUD 
Office jurisdiction is then adjusted to reflect the relative cost of 
providing housing among the HUD Office jurisdictions. The adjusted 
needs percentage for the applicable metropolitan or nonmetropolitan 
portion of each jurisdiction is then multiplied by respective total 
remaining capital advance funds available nationwide.
    Based on the allocation formula, HUD has allocated the available 
capital advance funds as shown on the following chart:

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[[Page 24025]]

(D) Eligible Applicants

    Private nonprofit organizations and nonprofit consumer cooperatives 
are the only eligible applicants under this Section 202 Program. 
Neither a public body nor an instrumentality of a public body is 
eligible to participate in the program.
    No organization shall participate as Sponsor or Co-sponsor in the 
filing of application(s) for a capital advance in three (3) or more 
Hubs in this fiscal year in excess of that necessary to finance the 
construction, rehabilitation, or acquisition (acquisition permitted 
only with FDIC/RTC properties) of 200 units of housing and related 
facilities for the elderly. This limit shall apply to organizations 
that participate as Co-sponsors regardless of whether the Co-sponsors 
are affiliated or nonaffiliated entities. In addition, the national 
limit for any one applicant is 10 percent of the total units allocated 
in all HUD offices (554 units). Affiliated entities that submit 
separate applications shall be deemed to be a single entity for the 
purposes of these limits. No single application may propose more than 
the number of units allocated to a HUD office or 125 units, whichever 
is less. Reservations for projects will not be approved for less than 5 
units.

(E) Eligible Activities

    Section 202 capital advance funds must be used to finance the 
development of housing through new construction, rehabilitation, or 
acquisition of housing from the FDIC/Resolution Trust Corporation. 
Project Rental Assistance funds are provided to cover the difference 
between the HUD-approved operating costs and the amount the residents 
pay (each resident pays 30 percent of adjusted income).
    Project Rental Assistance Contract funds may also be used to 
provide supportive services and to hire a service coordinator in those 
projects serving the frail elderly residents. The supportive services 
must be appropriate to the category or categories of frail elderly 
residents to be served.

(F) Ineligible Activities

    Section 202 funds may not be used for nursing homes, infirmaries, 
medical facilities, mobile home projects, community centers, 
headquarters for organizations for the elderly, nonhousekeeping 
accommodations, or refinancing of sponsor-owned facilities without 
rehabilitation.

II. Program Requirements

    In addition to the program requirements listed in the General 
Section of this NOFA, applicants are subject to the following 
requirements:

(A) Statutory and Regulatory Requirements

    All applicants must comply with all statutory and regulatory 
requirements applicable to the Section 202 Program as cited in Section 
I(A) and I(B) above.

(B) HUD/RHS Agreement

    In accordance with an agreement between HUD and the Rural Housing 
Service (RHS) to coordinate the administration of the agencies' 
respective rental assistance programs, HUD is required to notify RHS of 
applications for housing assistance it receives. This notification 
gives RHS the opportunity to comment if it has concerns about the 
demand for additional assisted housing and possible harm to existing 
projects in the same housing market area. HUD will consider the RHS 
comments in its review and project selection process.

(C) Development Cost Limits

    (1) The following development cost limits, adjusted by locality as 
described in Section II(C)(2) of this NOFA, below, shall be used to 
determine the capital advance amount to be reserved for projects for 
the elderly:
    (a) The total development cost of the property or project 
attributable to dwelling use (less the incremental development cost and 
the capitalized operating costs associated with any excess amenities 
and design features to be paid for by the Sponsor) may not exceed:

Nonelevator structures:
    $28,032 per family unit without a bedroom;
    $32,321 per family unit with one bedroom;
    $38,979 per family unit with two bedrooms;
For elevator structures:
    $29,500 per family unit without a bedroom;
    $33,816 per family unit with one bedroom;
    $41,120 per family unit with two bedrooms.

    (b) These cost limits reflect those costs reasonable and necessary 
to develop a project of modest design that complies with HUD minimum 
property standards; the accessibility requirements of Sec. 891.120(b); 
and the project design and cost standards of Sec. 891.120.
    (2) Increased development cost limits.
    (a) HUD may increase the development cost limits set forth in 
section IV(A)(1) of this NOFA, above, by up to 140 percent in any 
geographic area where the cost levels require, and may increase the 
development cost limits by up to 160 percent on a project-by-project 
basis.
    (b) If HUD finds that high construction costs in Alaska, Guam, the 
Virgin Islands, or Hawaii make it infeasible to construct dwellings, 
without the sacrifice of sound standards of construction, design, and 
livability, within the development cost limits provided in section 
IV(A) of this NOFA, above, the amount of the capital advances may be 
increased to compensate for such costs. The increase may not exceed the 
limits established under this section (including any high cost area 
adjustment) by more than 50 percent.

(D) Economic Opportunities for Low and Very Low-Income Persons (Section 
3)

    Recipients shall comply with section 3 of the Housing and Urban 
Development Act of 1968, 12 U.S.C. 1701u (Economic Opportunities for 
Low and Very Low Income Persons), and its implementing regulations at 
24 CFR part 135. Recipients shall ensure that training, employment and 
other economic opportunities shall, to the greatest extent feasible, be 
directed toward low- and very low-income persons, particularly those 
who are recipients of government assistance for housing and to business 
concerns which provide economic opportunities to low and very low 
income persons. Recipients must comply with the reporting and 
recordkeeping requirements found at 24 CFR part 135, subpart E.

(E) Certifications and Resolutions

    In addition to the certifications and assurances listed in the 
General Section of this NOFA with the exception of SF-424A, SF-424B, 
SF-424C, SF-424D and the OMB Circulars which are not required, 
applicants are required to submit signed copies of the following:
    (1) Executive Order 12372 Certification. A certification that the 
Sponsor has submitted a copy of its application, if required, to the 
State agency (single point of contact) for State review in accordance 
with Executive Order 12372.
    (2) Certification of Consistency with the Consolidated Plan (Plan) 
for the jurisdiction in which the proposed project will be located. The 
certification must be made by the unit of general local government if 
it is required to have, or has, a complete Plan. Otherwise, the 
certification may be made by the State, or by the unit of general local 
government if the project will be located within the jurisdiction of

[[Page 24026]]

the unit of general local government authorized to use an abbreviated 
strategy, and if it is willing to prepare such a Plan.
    All certifications must be made by the public official responsible 
for submitting the Plan to HUD. The certifications must be submitted as 
part of the application by the application submission deadline date set 
forth in this NOFA. The Plan regulations are published in 24 CFR part 
91.
    (3) Certification of Compliance with HUD's project design and cost 
standards and the Uniform Federal Accessibility Standards;
    (4) Certification of Compliance with the Uniform Relocation 
Assistance and Real Property Acquisition Policies Act of 1970, as 
amended; and
    (5) Sponsor's Certification that it will form an ``Owner'' (24 CFR 
891.205) after issuance of the capital advance; cause the Owner to file 
a request for determination of eligibility and a request for capital 
advance, and provide sufficient resources to the Owner to insure the 
development and long-term operation of the project, including 
capitalizing the Owner at firm commitment processing in an amount 
sufficient to meet its obligations in connection with the project.
    (6) A certified Board Resolution that no officer or director of the 
Sponsor or Owner has or will have any financial interest in any 
contract with the Owner or in any firm or corporation that has or will 
have a contract with the Owner, including a current listing of all duly 
qualified and sitting officers and directors by title, and the 
beginning and ending dates of each person's term.
    (7) A certified Board Resolution, acknowledging the 
responsibilities of sponsorship, long-term support of the project(s), 
willingness of Sponsor to assist the Owner to develop, own, manage, and 
provide appropriate services in connection with the proposed project, 
and that it reflects the will of its membership. Also, evidence, in the 
form of a certified Board Resolution, of the Sponsor's willingness to 
fund the estimated start-up expenses, the Minimum Capital Investment 
(one-half of 1 percent of the HUD-approved capital advance, not to 
exceed $10,000, if nonaffiliated with a National Sponsor; one-half of 1 
percent of the HUD-approved capital advance, not to exceed $25,000, for 
all other Sponsors;), and the estimated cost of any amenities or 
features (and operating costs related thereto) that would not be 
covered by the approved capital advance.
    (8) Sponsor's Certification that it will not require residents to 
accept any supportive services as a condition of occupancy.

III. Application Selection Process

(A) Rating

    All applications will be reviewed and rated in accordance with the 
Application Selection Process in the General Section of this SuperNOFA 
with the following exception. The Secretary will not reject an 
application based on threshold or technical review without giving 
notice of that rejection with all rejection reasons, and affording the 
applicant an opportunity to appeal. HUD will afford an applicant 14 
calendar days from the date of HUD's written notice to appeal a 
technical rejection to the HUD office. The HUD office must respond 
within 5 working days to the Sponsor. The HUD office shall make a 
determination on an appeal prior to making its selection 
recommendations. All applications will be either rated or technically 
rejected at the end of technical review. Upon completion of technical 
review, all acceptable applications which meet all program eligibility 
requirements will be rated according to the selection criteria in 
Section I(E)(3) of this Section 202 Program section of the SuperNOFA, 
below.

(B) Ranking and Selection Procedures

    Applications submitted in response to the advertised metropolitan 
allocations or nonmetropolitan allocations that have a total base score 
(without the addition of EC/EZ bonus points) of 60 points or more will 
be eligible for selection, and HUD will place them in rank order per 
metropolitan or nonmetropolitan allocation. After adding any bonus 
points for EC/EZ, HUD will select these applications based on rank 
order, up to and including the last application that can be funded out 
of each of the local HUD office's metropolitan or nonmetropolitan 
allocations. HUD offices shall not skip over any applications in order 
to select one based on the funds remaining. However, after making the 
initial selections in each allocation area, any residual funds may be 
used to fund the next rank-ordered application by reducing the number 
of units by no more than 10% rounded to the nearest whole number, 
provided the reduction will not render the project infeasible. For this 
purpose, however, HUD will not reduce the number of units in projects 
of nine units or less.
    Once this process has been completed, HUD offices may combine their 
unused metropolitan and nonmetropolitan funds in order to select the 
next ranked application in either category, using the unit reduction 
policy described above, if necessary.
    After the offices have funded all possible projects based on the 
process above, combined metropolitan and nonmetropolitan residual funds 
from all HUD Offices in each Multifamily Hub will be combined. These 
funds will be used first to restore units to projects reduced by HUD 
offices as based on the above instructions. Second, additional 
applications within each Multifamily Hub will be selected in rank order 
with no more than one additional application selected per HUD Office 
unless there are insufficient approvable applications in other HUD 
Offices within the Multifamily Hub. This process will continue until 
there are no more approvable applications within the Multifamily Hub 
that can be selected with the remaining funds. However, any remaining 
residual funds may be used to fund the next rank-ordered application by 
reducing the number of units by no more than 10% rounded to the nearest 
whole number, provided the reduction will not render the project 
infeasible. For this purpose, however, HUD will not reduce the number 
of units in projects of nine units or less.
    Funds remaining after these processes are completed will be 
returned to Headquarters. These funds will be used first to fund AHEPA, 
a FY 1996 application which was not selected due to HUD error, second 
to restore units to projects reduced by HUD offices as a result of the 
instructions above and, third, for selecting applications on a national 
rank order. No more than one application will be selected per HUD 
office (excluding the Iowa State Office since the above application is 
being funded from the residual funds) from the national residual 
amount, however, unless there are insufficient approvable applications 
in other HUD offices. If funds still remain, additional applications 
will be selected based on a national rank order, insuring that no more 
than one application will be selected per HUD office unless there are 
insufficient approvable applications in other HUD offices.

(C) Factors for Award Used To Evaluate and Rate Applications

    HUD will rate applications for Section 202 capital advances that 
successfully complete technical processing using the Rating Factors set 
forth below and in accordance with the application submission 
requirements identified in Section IV(B) below. The maximum number of 
points for this program is 102. This includes two EZ/EC bonus

[[Page 24027]]

points, as described in the General Section of the SuperNOFA.
Rating Factor 1: Capacity of the Applicant and Relevant Organizational 
Staff (30 Points)
    This factor addresses the extent to which the applicant has the 
organizational resources to successfully implement the proposed 
activities in a timely manner.
    In rating this factor, HUD will consider the extent to which the 
application demonstrates the Sponsor's ability to develop and operate 
the proposed housing on a long-term basis, considering the following:
    (1) (20 points) The scope, extent, and quality of the Sponsor's 
experience in providing housing or related services to those proposed 
to be served by the project and the scope of the proposed project 
(i.e., number of units, services, relocation costs, development, and 
operation) in relationship to the Sponsor's demonstrated development 
and management capacity as well as its financial management capability; 
and
    (2) (10 points) The scope, extent, and quality of the Sponsor's 
experience in providing housing or related services to minority persons 
or families. For purposes of this NOFA ``minority'' means the basic 
racial and ethnic categories for Federal statistics and administrative 
reporting, as defined in OMB's Statistical and Policy Directive No. 15. 
(See 60 FR 44673, at 44692, August 28, 1995.)
Rating Factor 2: Need/Extent of the Problem (10 Points)
    This factor addresses the extent to which there is a need for 
funding the proposed activities to address a documented problem in the 
target area. In evaluating this factor, HUD will consider:
    The extent of the need for the project in the area based on a 
determination by the HUD Office. HUD will make this determination by 
considering the Sponsor's evidence of need in the area, as well as 
other economic, demographic, and housing market data available to the 
HUD office. The data could include the availability of existing 
Federally assisted housing (HUD and RHS) (e.g., considering 
availability and vacancy rates of public housing) for the elderly and 
current occupancy in such facilities; Federally assisted housing for 
the elderly under construction or for which fund reservations have been 
issued; and in accordance with an agreement between HUD and the RHS, 
comments from the RHS on the demand for additional assisted housing and 
the possible harm to existing projects in the same housing market area. 
Also, to the extent that the community's Analysis of Impediments to 
Fair Housing Choice (AI) or other planning document that analyzes fair 
housing issues and is prepared by a local planning or similar 
organization identifies the level of the problem and the urgency in 
meeting the need, the AI or planning document should be referred to in 
the response. The Department will review more favorably those 
applications in which the AI or planning document supports the need for 
the project.
Rating Factor 3: Soundness of Approach (40 Points)
    This factor addresses the quality and effectiveness of the 
applicant's proposal. There must be a clear relationship between the 
proposed activities, the community's needs and purposes of the program 
funding for an applicant to receive points for this factor. In 
evaluating this factor, HUD will consider the following:
    (1) (15 points) The proximity or accessibility of the site to 
shopping, medical facilities, transportation, places of worship, 
recreational facilities, places of employment, and other necessary 
services to the intended occupants; adequacy of utilities and streets; 
freedom of the site from adverse environmental conditions; compliance 
with site and neighborhood standards (24 CFR 891.125);
    (2) (10 points) The suitability of the site from the standpoints of 
promoting a greater choice of housing opportunities for minority 
elderly persons/families, and affirmatively furthering fair housing;
    (3) (3 points) The extent to which the proposed design will meet 
the special physical needs of elderly persons;
    (4) (3 points) The extent to which the proposed size and unit mix 
of the housing will enable the Sponsor to manage and operate the 
housing efficiently and ensure that the provision of supportive 
services will be accomplished in an economical fashion;
    (5) (3 points) The extent to which the proposed design of the 
housing will accommodate the provision of supportive services that are 
expected to be needed, initially and over the useful life of the 
housing, by the category or categories of elderly persons the housing 
is intended to serve;
    (6) (3 points) The extent to which the proposed supportive services 
meet the identified needs of the anticipated residents; and
    (7) (3 points) The extent to which the Sponsor demonstrated that 
the identified supportive services will be provided on a consistent, 
long-term basis.
Rating Factor 4: Leveraging Resources (10 Points)
    This factor addresses the ability of the applicant to secure other 
community resources which can be combined with HUD's program resources 
to achieve program purposes.
    (1) (5 points) The extent of local government support (including 
financial assistance, donation of land, provision of services, etc.) 
for the project; and
    (2) (5 points) The extent of the Sponsor's activities in the 
community, including previous experience in serving the area where the 
project is to be located, and the Sponsor's demonstrated ability to 
enlist volunteers and raise local funds.
Rating Factor 5: Comprehensiveness and Coordination (10 Points)
    This factor addresses the extent to which the applicant coordinated 
its activities with other known organizations, participates or promotes 
participation in a community's Consolidated Planning process, and is 
working towards addressing a need in a holistic and comprehensive 
manner through linkages with other activities in the community.
    (1) (4 points) The Sponsor's involvement of elderly persons, 
particularly minority elderly persons, in the development of the 
application, and its intent to involve elderly persons, particularly 
minority elderly persons, in the development and operation of the 
project; and
    (2) (2 points) The extent to which the Sponsor coordinated its 
application with other organizations to complement and/or support the 
proposed project;
    (3) (2 points) The extent to which the Sponsor demonstrates that it 
has been actively involved, or if not currently active, the steps it 
will take to become actively involved in its community's Consolidated 
Planning process to identify and address a need/problem that is related 
in whole or part, directly or indirectly to the proposed project;
    (4) (2 points) The extent to which the Sponsor developed or plans 
to develop linkages with other activities, programs or projects related 
to the proposed project to coordinate its activities so solutions are 
holistic and comprehensive; and

IV. Application Submission Requirements

(A) Application

    Each application must include all of the information, materials, 
forms, and

[[Page 24028]]

exhibits listed in Section IV(B) (with the exception of applications 
submitted by Sponsors selected for a Section 202 fund reservation 
within the last three funding cycles) and in the application kit. Such 
previously selected Section 202 Sponsors are not required to submit the 
information described in Sections IV(B)(2)(a), (b), and (c) of this 
Section 202 Program section of the SuperNOFA, below (Exhibits 2.a., b., 
and c. of the application), which are the articles of incorporation, 
(or other organizational documents), by-laws, and the IRS tax 
exemption, respectively. If there has been a change in any of the 
eligibility documents since its previous HUD approval, the Sponsor must 
submit the updated information in its application. The local HUD Office 
will base its determination of the eligibility of a new Sponsor for a 
reservation of Section 202 capital advance funds on the information 
provided in the application. HUD offices will verify a Sponsor's 
indication of previous HUD approval by checking the project number and 
approval status with the appropriate HUD Office.
    In addition to this relief of paperwork burden in preparing 
applications, applicants will be able to submit information and 
exhibits they have previously prepared for prior applications under 
Section 202, Section 811, or other funding programs. Examples of 
exhibits that may be readily adapted or amended to decrease the burden 
of application preparation include, among others, those on previous 
participation in the Section 202 or Section 811 programs, applicant 
experience in provision of housing and services, supportive services 
plan, community ties, and experience serving minorities.

(B) General Application Requirements

    (1) Form HUD-92015-CA, Application for Section 202 Supportive 
Housing Capital Advance.
    (2) Evidence of each Sponsor's legal status as a private nonprofit 
organization or nonprofit consumer cooperative, including the 
following:
    (a) Articles of Incorporation, constitution, or other 
organizational documents;
    (b) By-laws;
    (c) IRS tax exemption ruling (this must be submitted by all 
Sponsors, including churches). A consumer cooperative that is tax 
exempt under State law, has never been liable for payment of Federal 
income taxes, and does not pay patronage dividends may be exempt from 
the requirement set out in the previous sentence if it is not eligible 
for tax exemption.

    Note: Sponsors who have received a section 202 fund reservation 
within the last three funding cycles are not required to submit the 
documents described in (a), (b), and (c), above. Instead, sponsors 
must submit the project number of the latest application and the HUD 
office to which it was submitted. If there have been any 
modifications or additions to the subject documents, indicate such, 
and submit the new material.

    (3) Sponsor's purpose, community ties, and experience, including 
the following:
    (a) A description of Sponsor's purpose, current activities and how 
long it has been in existence;
    (b) A description of Sponsor's ties to the community at large and 
to the minority and elderly communities in particular;
    (c) A description of local government support (including financial 
assistance, donation of land, provision of services, etc.);
    (d) Letters of support for the Sponsor and for the proposed project 
from organizations familiar with the housing and supportive services 
needs of the elderly that the Sponsor expects to serve in the proposed 
project;
    (e) A description of Sponsor's housing and/or supportive services 
experience. The description should include any rental housing projects 
and/or supportive services facilities sponsored, owned, and operated by 
the Sponsor; the Sponsor's past or current involvement in any programs 
other than housing that demonstrates the Sponsor's management 
capabilities (including financial management) and experience; the 
Sponsor's experience in serving the elderly, including elderly persons 
with disabilities, and/or families and minorities; and the reasons for 
receiving any increases in fund reservations for developing and/or 
operating previously funded Section 202 or Section 811 projects;
    (f) A description, if applicable, of the Sponsor's efforts to 
involve elderly persons, including minority elderly persons, in the 
development of the application, as well as its intent to involve 
elderly persons in the development of the project.
    (g) A description of the steps the Sponsor took to identify and 
coordinate its application with other organizations to complement and/
or support the proposed project as well as the steps it will take, if 
funded, to share information on solutions and outcomes relative to the 
development of the proposed project.
    (h) A description of the Sponsor's involvement in its community's 
Consolidated Planning process including:
    (i) An identification of the lead/facilitating agency that 
organizes/administers the process;
    (ii) An identification of the Consolidated Plan issue areas in 
which the Sponsor participates;
    (iii) The Sponsor's level of participation in the process, 
including active involvement in any committees.
    If Sponsor is not currently active, describe the specific steps it 
will take to become active in the Consolidated Planning process. 
(Consult local HUD Office for the identification of the Consolidated 
Plan community process for the appropriate area.)
    (4) Project information, including the following:
    (a) Evidence of need for supportive housing. Such evidence would 
include a description of the category or categories of elderly persons 
the housing is intended to serve and evidence demonstrating sustained 
effective demand for supportive housing for that population in the 
market area to be served, taking into consideration the occupancy and 
vacancy conditions in existing Federally assisted housing for the 
elderly (HUD and RHS; e.g., public housing); State or local data on the 
limitations in activities of daily living among the elderly in the 
area; aging in place in existing assisted rentals; trends in 
demographic changes in elderly population and households; the numbers 
of income eligible elderly households by size, tenure, and housing 
condition; the types of supportive services arrangements currently 
available in the area; and the use of such services as evidenced by 
data from local social service agencies or agencies on aging. Also, a 
description of how information in the community's Analysis of 
Impediments to Fair Housing Choice was used in documenting the need for 
the project.
    (b) A description of how the proposed project will benefit the 
target population and the community in which it will be located.
    (c) A description of the project, including the following:
    (i) A narrative description of the building design, including a 
description of the number of units with bedroom distributions, any 
special design features, amenities, and/or community space, and how 
this design will facilitate the delivery of services in an economical 
fashion and accommodate the changing needs of the residents over the 
next 10-20 years. NOTE: If these community spaces, amenities, or 
features would not comply with the project design and cost standards of 
24 CFR 891.120 and the special project standards of 24 CFR 891.310, the

[[Page 24029]]

Sponsor must demonstrate its ability and willingness to contribute both 
the incremental development cost and continuing operating cost 
associated with the community spaces, amenities, or features;
    (ii) A description of whether and how the project will promote 
energy efficiency, and, if applicable, innovative construction or 
rehabilitation methods or technologies to be used that will promote 
efficient construction.
    (d) Evidence of site control and permissive zoning, including the 
following:
    (i) Evidence that the Sponsor has entered into a legally binding 
option agreement (which extends 30 days beyond the end of the current 
fiscal year and contains a renewal provision so that the option can be 
renewed for at least an additional 6 months) to buy or lease the 
proposed site; or has a copy of the contract of sale for the site, a 
deed, long-term leasehold, a request with all supporting documentation, 
submitted either prior to or with the Application for Capital Advance, 
for a partial release of a site covered by a mortgage under a HUD 
program, or other evidence of legal ownership of the site (including 
properties to be acquired from the FDIC/RTC). The Sponsor must also 
identify any restrictive covenants, including reverter clauses. In the 
case of a site to be acquired from a public body, evidence that the 
public body possesses clear title to the site, and has entered into a 
legally binding agreement to lease or convey the site to the Sponsor 
after it receives and accepts a notice of Section 202 capital advance 
and identification of any restrictive covenants, including reverter 
clauses. However, in localities where HUD determines the time 
constraints of the funding round will not permit all of the required 
official actions (e.g., approval of Community Planning Boards) that are 
necessary to convey publicly-owned sites, a letter in the application 
from the mayor or director of the appropriate local agency indicating 
approval of conveyance of the site contingent upon the necessary 
approval action is acceptable and may be approved by the HUD office if 
it has satisfactory experience with timely conveyance of sites from 
that public body. In such cases, documentation must also include a copy 
of the public body's evidence of ownership and identification of any 
restrictive covenants, including reverter clauses;

    Note: A proposed project site may not be acquired or optioned 
from a general contractor (or its affiliate) that will construct the 
section 202 project or from any other development team member.

    (ii) Evidence that the project as proposed is permissible under 
applicable zoning ordinances or regulations, or a statement of the 
proposed action required to make the proposed project permissible and 
the basis for belief that the proposed action will be completed 
successfully before the submission of the firm commitment application 
(e.g., a summary of the results of any requests for rezoning and/or the 
procedures for obtaining special or conditional use permits on land in 
similar zoning classifications and the time required for such rezoning, 
or preliminary indications of acceptability from zoning bodies);
    (iii) A narrative topographical and demographic description of the 
suitability of the site and area, and how the site will promote greater 
housing opportunities for minority elderly and elderly persons with 
disabilities, thereby affirmatively furthering fair housing; (NOTE: The 
applicant can best demonstrate its commitment to affirmatively 
furthering fair housing by describing how proposed activities will 
assist the jurisdiction in overcoming impediments to fair housing 
choice identified in the applicable jurisdiction's Analysis of 
Impediments (AI) to Fair Housing Choice, which is a component of the 
jurisdiction's Consolidated Plan, or any other planning document that 
addresses fair housing issues. The applicable Consolidated Plan and AI 
may be the Community's, the County's, or the State's, to which input 
should have been provided by the local community and its agencies. 
Alternatively, a document may be used which was previously prepared by 
a local planning, or similar, organization which addresses Fair Housing 
issues and remedies to barriers to Fair Housing in the specific 
community. Applicable impediments could include the need for improved 
housing quality and services and concomitant expanded housing choice 
for all elderly families.)
    (iv) A map showing the location of the site and the racial 
composition of the neighborhood, with the area of racial concentration 
delineated;
    (v) A Phase I Environmental Site Assessment, in accordance with the 
American Society for Testing and Material (ASTM) Standards E 1527-93, 
as amended. Since the Phase I study must be completed and submitted 
with the application, it is important that the Sponsor start the site 
assessment process as soon after publication of the NOFA as possible.
    If the Phase I study indicates the possible presence of 
contamination and/or hazards, the Sponsor must decide whether to 
continue with this site or choose another site. Should the Sponsor 
choose another site, the same environmental site assessment procedure 
identified above must be followed for that site.

    Note: For properties to be acquired from the FDIC/RTC, include a 
copy of the FDIC/RTC prepared Transaction Screen Checklist or Phase 
I Environmental Site Assessment, and applicable documentation, per 
the FDIC/RTC Environmental Guidelines.

    If the Sponsor chooses to continue with the original site on which 
the Phase I study indicated contamination or hazards, then it must 
undertake a detailed Phase II Environmental Site Assessment by an 
appropriate professional. If the Phase II Assessment reveals site 
contamination, the extent of the contamination and a plan for clean-up 
of the site must be submitted to the local HUD office. The plan for 
clean-up must include a contract for remediation of the problem(s) and 
an approval letter from the applicable Federal, State, and/or local 
agency with jurisdiction over the site. In order for the application to 
be considered for review under this FY 1998 funding competition, this 
information would have to be submitted to the local HUD office no later 
than July 29, 1998.

    Note: This could be an expensive undertaking. The cost of any 
clean-up and/or remediation must be borne by the sponsor.

    (vi) A letter from the State Historic Preservation Officer (SHPO) 
indicating whether the proposed site has any historical significance. 
If the Sponsor cannot obtain a letter from the SHPO due to the SHPO not 
responding to the Sponsor's request or the SHPO responding that it 
cannot or will not comply with the requirement, the Sponsor must submit 
the following: (1) a letter indicating that it attempted to get the 
required letter from the SHPO but that the SHPO either had not 
responded to the Sponsor's request or would not honor or recognize the 
Sponsor's request; (2) a copy of the Sponsor's letter to the SHPO 
requesting the required letter; and, (3) a copy of the SHPO's response, 
if available.
    (d) Provision of supportive services and proposed facility:
    (i) A detailed description of the supportive services proposed to 
be provided to the anticipated occupancy;
    (ii) A description of public or private sources of assistance that 
reasonably could be expected to fund the proposed services;
    (iii) The manner in which such services will be provided to such 
persons (i.e., on or off-site), including whether a service coordinator 
will

[[Page 24030]]

facilitate the adequate provision of such services, and how the 
services will meet the identified needs of the residents.

    Note: Sponsors may not require residents, as a condition of 
occupancy, to accept any supportive service.

    (5) A list of the applications, if any, the Sponsor has submitted 
or is planning to submit to any other HUD office in response to this 
announcement of Section 202 Program funding availability or the 
announcement of Section 811 Program (Supportive Housing for Persons 
with Disabilities) funding availability, published elsewhere in today's 
Federal Register). Indicate by HUD office, the proposed location by 
city and State, and the number of units requested for each application. 
Include a list of all FY 1997 and prior year projects to which the 
Sponsor(s) is a party that have not been finally closed. Such projects 
must be identified by project number and HUD office.
    (6) A statement that: (a) identifies all persons (families, 
individuals, businesses, and nonprofit organizations), identified by 
race/minority group, and status as owners or tenants, occupying the 
property on the date of submission of the application for a capital 
advance;
    (b) indicates the estimated cost of relocation payments and other 
services; (c) identifies the staff organization that will carry out the 
relocation activities; and (d) identifies all persons that have moved 
from the site within the past 12 months.

    Note: If any of the relocation costs will be funded from sources 
other than the section 202 capital advance, the sponsor must provide 
evidence of a firm commitment of these funds. When evaluating 
applications, HUD will consider the total cost of proposals (i.e., 
cost of site acquisition, relocation, construction, and other 
project costs).

VI. Corrections to Deficient Applications

    The General Section of the SuperNOFA provides the procedures for 
corrections to deficient applications.

VII. Environmental Requirements

    All Section 202 assistance is subject to the National Environmental 
Policy Act of 1969 and applicable related Federal environmental 
authorities. The environmental review provisions of the Section 202 
program regulations are in 24 CFR 891.155(b).

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[[Page 24033]]



Funding Availability for the Section 811 Program of Supportive 
Housing for Persons With Disabilities

    Program Description: Approximately $74,372,922 is available for the 
Section 811 Program of Supportive Housing for Persons with 
Disabilities. The Section 811 Program provides funding to nonprofit 
organizations for the development of housing for persons with 
disabilities that is designed to enable them to live with dignity and 
independence within their communities.
    Application Due Date: Completed applications must be submitted no 
later than 6:00 pm, local time on July 7, 1998 at the address shown 
below. See the General Section of this SuperNOFA for specific 
procedures governing the form of application submission (e.g., mailed 
applications, express mail, overnight delivery, or hand carried).
    Address for Submitting Applications: Completed applications (an 
original and four copies) must be submitted to the Director of either 
the Multifamily Hub Office or Multifamily Program Center having 
jurisdiction over the proposed project with the following exceptions:
    1. Applications for projects proposed to be located within the 
jurisdiction of the Seattle, Washington and the Anchorage, Alaska 
Offices must be submitted to the Portland, Oregon Office.
    2. Applications for projects proposed to be located within the 
jurisdiction of the Sacramento, California Office must be submitted to 
the San Francisco, California Office.
    3. Applications for projects proposed to be located within the 
jurisdiction of the Cincinnati, Ohio Office must be submitted to the 
Columbus, Ohio Office.
    4. Applications for projects proposed to be located within the 
State of Nevada must be submitted to the Denver, Colorado Office.
    A listing of the Multifamily Hubs and Program Centers, their 
addresses and telephone numbers, including TTY numbers is included in 
the application kit, and is also available from HUD's SuperNOFA 
Information Center at 1-800-HUD-8929 and from the Internet through the 
HUD web site at http://www.hud.gov.
    For Application Kits, Further Information, and Technical 
Assistance: For Application Kits. For an application kit and any 
supplemental information, please call HUD's 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. The application kit 
also will be available on the Internet through the HUD web site at 
http://www.hud.gov. When requesting an application kit, please refer to 
the Section 811 Program and provide your name, address (including zip 
code), and telephone number (including area code).
    You may also contact the Multifamily Hub Office or Multifamily 
Program Center having jurisdiction over the proposed project.
    Immediately upon publication of this SuperNOFA, if HUD Offices have 
not already provided names to the SuperNOFA Information Center, the 
Offices shall notify minority media and media for persons with 
disabilities, all persons and organizations on their mailing lists, 
minority and other organizations within their jurisdiction involved in 
housing and community development, the State Independent Living 
Council, the local Center for Independent Living and other groups with 
special interest in housing for persons with disabilities .
    For Further Information and Technical Assistance. For further 
information and technical assistance, please contact the Multifamily 
Hub Office or Multifamily Program Center having jurisdiction over the 
proposed project. HUD encourages minority organizations to participate 
in this program as Sponsors and strongly recommends that prospective 
applicants attend the local HUD Office workshop which will be held 
within three weeks of the publication of this SuperNOFA. Interested 
applicants should ensure that their names are included on the 
appropriate HUD Office's mailing list so that they will be informed of 
the date, time and place of the workshop. Interested persons with 
disabilities should contact the HUD Office to assure that any necessary 
arrangements can be made to enable their attendance and participation 
in the workshop. At the workshops, HUD will explain application 
procedures and requirements. Also, HUD will address concerns such as 
local market conditions, building codes and accessibility requirements, 
historic preservation, floodplain management, displacement and 
relocation, zoning, and housing costs.
    Sponsors who cannot attend the workshops are strongly encouraged to 
contact the appropriate HUD Office with any questions regarding the 
submission of applications to that particular office and to request any 
materials distributed at the workshop.

Additional Information

I. Authority; Purpose; Amount Allocated; and Eligibility

(A) Authority

    Section 811 of the Cranston-Gonzalez National Affordable Housing 
Act (the NAHA) (Pub.L. 101-625, approved November 28, 1990), as amended 
by the Housing and Community Development Act of 1992) (HCD Act of 1992) 
(Pub. L. 102-550, approved October 28, 1992), and by the Rescissions 
Act (Pub. L. 104-19, approved July 27, 1995) authorized a new 
supportive housing program for persons with disabilities, and replaced 
assistance for persons with disabilities previously covered by section 
202 of the Housing Act of 1959 (section 202 continues, as amended by 
section 801 of the NAHA, and the HCD Act of 1992, to authorize 
supportive housing for the elderly).

(B) Purpose

    The purpose of this Section 811 Program section of the SuperNOFA is 
to provide funds to enable nonprofit organizations to expand the supply 
of supportive housing for very low income persons with disabilities to 
enable them to live independently in the community.
    HUD provides the assistance as capital advances and contracts for 
project rental assistance in accordance with 24 CFR part 891. Capital 
advances may be used to finance the construction, rehabilitation, or 
acquisition with or without rehabilitation, including acquisition from 
the Federal Deposit Insurance Corporation (formerly held by the 
Resolution Trust Corporation) (FDIC/RTC), of structures to be developed 
into a variety of housing options ranging from small group homes and 
independent living facilities, to dwelling units in multifamily housing 
developments, condominium housing and cooperative housing. This 
assistance may also cover the cost of real property acquisition, site 
improvement, conversion, demolition, relocation, and other expenses 
that the Secretary determines are necessary to expand the supply of 
supportive housing for persons with disabilities.
    Project rental assistance contracts are used to cover the 
difference between the tenants' contributions toward rent and the HUD-
approved cost to operate the project.

(C) Amount Allocated

    For supportive housing for persons with disabilities, the FY 1998 
HUD Appropriations Act provides $194,000,000 for capital advances, 
including amendments to capital

[[Page 24034]]

advance contracts, for supportive housing for persons with 
disabilities, as authorized by section 811 of the NAHA, and for project 
rental assistance, and amendments to contracts for project rental 
assistance, for supportive housing for persons with disabilities, as 
authorized by section 811 of the NAHA. Up to 25 percent of this amount 
is being set aside for tenant-based rental assistance administered 
through public housing agencies (PHAs) for persons with disabilities 
and is also announced elsewhere in today's Federal Register.
    In accordance with 24 CFR part 791, the Assistant Secretary for 
Housing has allocated the funds available for capital advances for 
supportive housing for persons with disabilities based on fair share 
factors developed by the Assistant Secretary for Policy Development and 
Research. In accordance with the waiver authority provided in the Act, 
the Secretary is waiving the following statutory and regulatory 
provision: The term of the project rental assistance contract is 
reduced from 20 years to a minimum term of 5 years and a maximum term 
which can be supported by funds authorized by the Act. HUD anticipates 
that at the end of the contract terms, renewals will be approved 
subject to the availability of funds. In addition to this provision, 
the Department will reserve project rental assistance contract funds 
based on 75 percent rather than on 100 percent of the current operating 
cost standards for approved units in order to take into account the 
average tenant contribution toward rent.
    The allocation formula for Section 811 funds consists of two data 
elements from the 1990 Decennial Census: (1) the number of non 
institutionalized persons age 16 or older with a work disability and a 
mobility or self-care limitation and (2) the number of non-
institutionalized persons age 16 or older having a mobility or self-
care limitation but having no work disability.
    A work disability is defined as a health condition that had lasted 
for 6 or more months which limited the kind (restricted the choice of 
jobs) or amount (not able to work full time) of work a person could do 
at a job or business. A mobility limitation is defined as a health 
condition that had lasted for 6 or more months which made it difficult 
for the person to go outside the home alone; including outside 
activities such as shopping or visiting a doctor's office. A self-care 
limitation is defined as a health care limitation that had lasted for 6 
or more months which made it difficult for the person to take care of 
his/her own personal needs such as dressing, bathing, or getting around 
inside the home. Temporary (short term) problems such as broken bones 
that are expected to heal normally are not considered problems.
    Under the Section 811 program, each HUD Office jurisdiction 
receives sufficient capital advance funds for a minimum of 10 units. 
The total amount of capital advance to fund this minimum set-aside is 
then subtracted from the total capital advance available. The remainder 
is fair shared to each HUD Office jurisdiction based on the allocation 
formula fair share factors.
    The fair share factors were developed by taking the sum of the 
number of persons in each of the two elements for each state, or state 
portion, of each local HUD Office jurisdiction as a percent of the sum 
of the two elements for the total United States. The resulting 
percentage for each local HUD Office is then adjusted to reflect the 
relative cost of providing housing among the local HUD Office 
jurisdictions. The adjusted needs percentage for each local HUD Office 
is then multiplied by the total amount of capital advance funds 
available nationwide.
    The Section 811 capital advance funds have been allocated, based on 
the formula above, to 51 local HUD Offices as shown on the following 
chart:

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[[Page 24038]]

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BILLING CODE 4210-32-C

[[Page 24039]]

(D) Eligible Applicants

    Nonprofit organizations that have a section 501(c)(3) tax exemption 
from the Internal Revenue Service are the only eligible applicants 
under this program.
    No organization shall participate as Sponsor or Co-sponsor in the 
filing of application(s) for a capital advance in three (3) or more 
Hubs in this fiscal year in excess of that necessary to finance the 
construction, rehabilitation, or acquisition of 100 units of housing 
for persons with disabilities. This limit shall apply to organizations 
that participate as Co-sponsors regardless of whether the Co-sponsors 
are affiliated or nonaffiliated entities. In addition, the national 
limit for any one applicant is 10 percent of the total units allocated 
in all HUD offices. Affiliated entities that submit separate 
applications shall be deemed to be a single entity for the purposes of 
these limits. No single application shall request more units in a given 
HUD Office than allocated for that HUD Office in this program section 
of the SuperNOFA.

(E) Eligible/Ineligible Activities

    (1) Eligible Activities. Section 811 capital advance funds must be 
used to construct, substantially rehabilitate or acquire, with or 
without rehabilitation, structures to be used as supportive housing 
integrated into the surrounding community for very low income persons 
with disabilities who are at least 18 years old. Project rental 
assistance funds must be used to cover the difference between the HUD-
approved cost of operating the housing and the tenants' contributions 
toward rent (each resident pays 30 percent of adjusted income).
    (2) Ineligible Activities. The following activities are ineligible 
to be funded out of the Section 811 program:
    (a) Nursing homes, infirmaries and medical facilities;
    (b) Transitional housing facilities;
    (c) Manufactured housing facilities;
    (d) Community centers, with or without special components for use 
by persons with disabilities;
    (e) Sheltered workshops and centers for persons with disabilities;
    (f) Headquarters for organizations for persons with disabilities; 
and
    (g) Refinancing of Sponsor-owned facilities without rehabilitation.

II. Program Requirements

    In addition to the program requirements listed in the General 
Section of this SuperNOFA, applicants are subject to the following 
requirements:

(A) Statutory Requirements and Regulatory Requirements

    All applicants must comply with all statutory and regulatory 
requirements applicable to the Section 811 program as cited in Section 
I(A) and I(B) above.

(B) HUD/RHS Agreement

    In accordance with an agreement between HUD and the Rural Housing 
Service (RHS) to coordinate the administration of the agencies' 
respective rental assistance programs, HUD is required to notify RHS of 
applications for housing assistance it receives. This notification 
gives RHS the opportunity to comment if it has concern about the demand 
for additional assisted housing and possible harm to existing projects 
in the same housing market area. HUD will consider the RHS in its 
review and project selection process.

(C) Development Cost Limits

    The following development cost limits, adjusted by locality as 
described in (C)(3) below, shall be used to determine the capital 
advance amount to be reserved for projects for persons with 
disabilities:
    (1) For independent living facilities: The total development cost 
of the property or project attributable to dwelling use (less the 
incremental development cost and the capitalized operating costs 
associated with any excess amenities and design features to be paid for 
by the Sponsor) may not exceed:

Non-elevator structures:
    $28,032 per family unit without a bedroom;
    $32,321 per family unit with one bedroom;
    $38,979 per family unit with two bedrooms;
    $49,893 per family unit with three bedrooms;
    $55,583 per family unit with four bedrooms.
For elevator structures:
    $29,500 per family unit without a bedroom;
    $33,816 per family unit with one bedroom;
    $41,120 per family unit with two bedrooms;
    $53,195 per family unit with three bedrooms;
    $58,392 per family unit with four bedrooms.
    (2) For group homes only:

------------------------------------------------------------------------
                                                Type of disability      
                                         -------------------------------
           Number of residents               Physical/    Chronic mental
                                           developmental      illness   
------------------------------------------------------------------------
# Residents.............................  ..............  ..............
3.......................................        $128,710        $124,245
4.......................................         137,730         131,980
5.......................................         146,750         139,715
6.......................................         155,760         147,450
------------------------------------------------------------------------

    These cost limits reflect those costs reasonable and necessary to 
develop a project of modest design that complies with HUD minimum 
property standards; the minimum group home requirements of 24 CFR 
891.310(a); the accessibility requirements of 24 CFR 891.120(b) and 
891.310(b); and the project design and cost standards of 24 CFR 
891.120.
    (3) Increased development cost limits.
    (a) HUD may increase the development cost limits set forth in 
paragraphs (C)(1) and (2) above by up to 140% in any geographic area 
where the cost levels require, and may increase the development cost 
limits by up to 160 percent on a project-by-project basis.
    (b) If HUD finds that high construction costs in Alaska, Guam, 
Virgin Islands or Hawaii make it infeasible to construct dwellings, 
without the sacrifice of sound standards of construction, design, and 
livability, within the development cost limits provided in paragraphs 
(1) and (2) of this Section II(C), the amount of capital advances may 
be increased to compensate for such costs. The increase may not exceed 
the limits established under this section (including any high cost area 
adjustment) by more than 50 percent.
    (c) For group homes only, HUD Offices may approve increases in the 
development cost limits in paragraph (C)(2) above, in areas where 
Sponsors can provide sufficient documentation that high land costs 
limit or prohibit project feasibility. An example of acceptable 
documentation is evidence of at least three land sales which have 
actually taken place (listed prices for land are not acceptable) within 
the last two years in the area where the project is to be built. The 
average cost of the documented sales must exceed seven percent of the 
development cost limit for which the project in question is eligible in 
order for an increase to be considered.

(D) Sites

    The National Affordable Housing Act requires Sponsors submitting 
applications for Section 811 fund reservations to provide either (a) 
evidence of site control, or (b) reasonable assurances that it will 
have control of a site within six months of

[[Page 24040]]

notification of fund reservation. Accordingly, if a Sponsor has control 
of a site at the time it submits its application, it must include 
evidence of such as described in Section III(B)(4)(e)(1) of this 
program section of the SuperNOFA and in the application kit. If it does 
not have site control, it must provide the information required in 
Section III(B)(4)(e)(2) and in the application kit for identified sites 
as a reasonable assurance that site control will be obtained within six 
months of fund reservation notification.
    Sponsors may select a site different from the one(s) submitted in 
their original applications if the original site(s) is (are) not 
approvable. Selection of a different site will require HUD performance 
of an environmental review on the new site, which could result in 
rejection of that site. However, if a Sponsor does not have site 
control for any reason 12 months after notification of fund 
reservation, the assistance will be recaptured and reallocated.
    Sponsors submitting satisfactory evidence of an approvable site 
(i.e., site control) will have 10 bonus points added to the rating of 
their applications. Sponsors submitting proper identification of a site 
will not be eligible for the 10 bonus points.
    Applications containing evidence of site control where either the 
evidence or the site is not approvable will not be rejected provided 
the application indicates the Sponsor's willingness to select another 
site and an assurance that site control will be obtained within six 
months of fund reservation notification.
    In the case of a scattered site application submitted with evidence 
of site control for some or all of the sites, all of the sites must 
have satisfactory evidence of site control and all of the sites must be 
approvable for the application to receive the 10 bonus points for site 
control.

(E) Supportive Services

    The National Affordable Housing Act requires Sponsors submitting 
applications for Section 811 fund reservations to include a supportive 
services plan and a certification from the appropriate State or local 
agency that the provision of services identified in the Supportive 
Services Plan is well designed to serve the special needs of persons 
with disabilities. Section III(B)(4)(c) below outlines the information 
that must be in the Supportive Services Plan. Sponsors must submit one 
copy of their Supportive Services Plan to the appropriate State or 
local agency well in advance of the application submission deadline 
date in order for the State or local agency to review the Supportive 
Services Plan and complete the Supportive Services Certification 
(Exhibit 4(d) of the application kit) and return it to the Sponsor for 
inclusion with the application submission to HUD.
    Since the appropriate State or local agency will review the 
Supportive Services Plan on behalf of HUD, the Supportive Services 
Certification will also indicate whether the Sponsor demonstrated that 
the supportive services will be provided on a consistent, long-term 
basis and whether the proposed housing is consistent with State or 
local policies or plans governing the development and operation of 
housing to serve individuals of the proposed occupancy category. If HUD 
receives an application in which the Supportive Services Certification 
is missing and is not submitted during the deficiency period, or is 
received by HUD after the deficiency period, or indicates that the 
provision of services is not well designed to meet the special needs of 
persons with disabilities; the application is rejected. Furthermore, if 
the Certification indicates that the Sponsor failed to demonstrate that 
the supportive services will be provided on a consistent, long-term 
basis, or the proposed housing is not consistent with State or local 
agency's plans/policies governing the development and operation of 
housing to serve the proposed population and the agency will be a major 
funding or referral source for the proposed project or be responsible 
for licensing the project, the application shall also be rejected.
    Any prospective resident of a Section 811 project who believes he/
she needs supportive services must be given the choice to be 
responsible for acquiring his/her own services or to take part in the 
Sponsor's Supportive Services Plan which must be designed to meet the 
individual needs of each resident. Sponsors may not require residents, 
as a condition of occupancy, to accept any supportive service.

(F) Project Size Limits

    (1) Group home--The minimum number of persons with disabilities 
that can be housed in a group home is three and the maximum number is 
six, with one person per bedroom unless two residents choose to share 
one bedroom or a resident determines he/she needs another person to 
share his/her bedroom.
    (2) Independent living facility--The minimum number of units that 
can be applied for in one application is five; not necessarily in one 
structure. The maximum number of persons with disabilities that can be 
housed in an independent living facility is 18.
    (3) Exceptions--Sponsors may request an exception to the above 
project size limits by providing the information required in the 
application kit and as outlined in Section III(B)(4)(e)(1)(viii) below.

(G) Economic Opportunities for Low and Very Low Income Persons

    Recipients shall comply with section 3 of the Housing and Urban 
Development Act of 1968, 12 U.S.C. 1701u (Economic Opportunities for 
Low and Very Low Income Persons) and its implementing regulations at 24 
CFR part 135. Recipients shall ensure that training, employment and 
other economic opportunities shall, to the greatest extent feasible, be 
directed toward low and very low income persons, particularly those who 
are recipients of government assistance for housing and to business 
concerns which provide economic opportunities to low and very low 
income persons. Recipients must comply with the reporting and 
recordkeeping requirements found at 24 CFR part 135, subpart E.

(H) Certifications and Resolutions

    In addition to the certifications listed in the General Section of 
this SuperNOFA with the exception of SF-424A, SF-424B, SF-424C, SF-424D 
and the OMB Circulars which are not required, applicants are required 
to submit signed copies of the following:
    (1) Supportive Services Certification. A certification from the 
appropriate State or local agency identified in the application kit 
indicating whether: (1) the provision of supportive services is well 
designed to serve the needs of persons with disabilities the housing is 
expected to serve, (2) whether the supportive services will be provided 
on a consistent, long-term basis, and (3) whether the proposed housing 
is consistent with State or local plans and policies governing the 
development and operation of housing to serve individuals of the 
proposed occupancy category. (The name, address, and telephone number 
of the appropriate agency will be identified in the application kit and 
can also be obtained from the appropriate HUD Office.)
    (2) Executive Order 12372 Certification. A certification that the 
Sponsor has submitted a copy of its application, if required, to the 
State agency (single point of contact) for State review in accordance 
with Executive Order 12372.

[[Page 24041]]

    (3) Certification of Consistency with the Consolidated Plan (Plan) 
for the jurisdiction in which the proposed project will be located. The 
certification must be made by the unit of general local government if 
it is required to have, or has, a complete Plan. Otherwise, the 
certification may be made by the State, or by the unit of general local 
government if the project will be located within the jurisdiction of 
the unit of general local government authorized to use an abbreviated 
strategy, and if it is willing to prepare such a Plan.
    All certifications must be made by the public official responsible 
for submitting the Plan to HUD. The certifications must be submitted as 
part of the application by the application submission deadline date set 
forth in this SuperNOFA. The Plan regulations are published in 24 CFR 
part 91.
    (4) Certification of Compliance with HUD's project design and cost 
standards and special project standards;
    (5) Certification of Compliance with the Uniform Relocation 
Assistance and Real Property Acquisition Policies Act of 1970, as 
amended;
    (6) Sponsor's Certification that it will form an ``Owner'' after 
issuance of the capital advance; cause the Owner to file a request for 
determination of eligibility and a request for capital advance, and 
provide sufficient resources to the Owner to insure the development and 
long-term operation of the project, including capitalizing the Owner at 
firm commitment processing in an amount sufficient to meet its 
obligations in connection with the project;
    (7) Sponsor's Certification that it will comply with the 
requirements of the Lead-Based Paint Poisoning Prevention Act (42 
U.S.C. 4821-4846) and implementing regulations at 24 CFR part 35 
(except as superseded in 24 CFR 891.325); and
    (8) Sponsor's Certification that it will not require residents to 
accept any supportive services as a condition of occupancy.
    (9) A certified Board Resolution that no officer or director of the 
Sponsor or Owner has or will have any financial interest in any 
contract with the Owner or in any firm or corporation that has or will 
have a contract with the Owner, including a current listing of all duly 
qualified and sitting officers and directors by title and the beginning 
and ending dates of each person's term.
    (10) A Certified Board Resolution Acknowledging Responsibilities of 
Sponsorship, long-term support of the project(s), willingness of 
Sponsor to assist the Owner to develop, own, manage and provide 
appropriate services in connection with the proposed project, and that 
it reflects the will of its membership, and Sponsor's willingness to 
fund the estimated start-up expenses, the Minimum Capital Investment 
(one-half of one-percent of the HUD-approved capital advance, not to 
exceed $10,000), and the estimated cost of any amenities or features 
(and operating costs related thereto) that would not be covered by the 
approved capital advance.

III. Application Selection Process

(A) Rating

    All applications will be reviewed and rated in accordance with the 
Application Selection Process in the General Section of this SuperNOFA 
with the following exception. The Secretary will not reject an 
application based on threshold or technical review without giving 
notice of that rejection with all rejection reasons and affording the 
applicant an opportunity to appeal. HUD will afford an applicant 14 
calendar days from the date of HUD's written notice to appeal a 
technical rejection to the HUD Office. The HUD Office must respond 
within five (5) working days to the Sponsor. The HUD Office shall make 
a determination on an appeal prior to making its selection 
recommendations. All applications will be either rated or technically 
rejected at the end of technical review. Upon completion of technical 
review, all acceptable applications which meet all program eligibility 
requirements will be rated according to the Rating Factors in (B) 
below.

(B) Ranking and Selection Procedures

    Applications that have a total base score of 60 points or more 
(without the addition of EC/EZ and/or site control bonus points) will 
be eligible for selection and will be placed in rank order. These 
applications, after adding any bonus points for EC/EZ and/or site 
control, will be selected based on rank order to and including the last 
application that can be funded out of each local HUD Office's 
allocation. HUD Offices shall not skip over any applications in order 
to select one based on the funds remaining. However, after making the 
initial selections, any residual funds may be utilized to fund the next 
rank-ordered application by reducing the units by no more than 10 
percent rounded to the nearest whole number, provided the reduction 
will not render the project infeasible. For this purpose, however, 
projects of nine units or less may not be reduced.
    After this process is completed, residual funds from all HUD 
Offices within each Multifamily Hub will be combined. These funds will 
be used first to restore units to projects reduced by HUD Offices based 
on the above instructions. Second, additional applications within each 
Multifamily Hub will be selected in rank order with no more than one 
additional application selected per HUD Office unless there are 
insufficient approvable applications in other HUD Offices within the 
Multifamily Hub. This process will continue until there are no more 
approvable applications within the Multifamily Hub that can be selected 
with the remaining funds. However, any remaining residual funds may be 
used to fund the next rank-ordered application by reducing the number 
of units by no more than 10 percent rounded to the nearest whole 
number, provided the reduction will not render the project infeasible. 
For this purpose, however, HUD will not reduce the number of units in 
projects of nine units or less.
    At the conclusion of this process, any residual funds from the 18 
Multifamily Hubs will be returned to Headquarters. These funds will be 
used first to restore units to projects reduced by HUD Offices as a 
result of the instructions above and, second, for selecting 
applications on a national rank order. No more than one application 
will be selected per HUD Office from the national residual amount 
unless there are insufficient approvable applications in other HUD 
Offices. If funds still remain, additional applications will be 
selected based on a national rank order insuring that no more than one 
application will be selected per HUD Office unless there are 
insufficient approvable applications in other HUD Offices.

(C) Factors for Award Used To Evaluate and Rate Applications

    HUD will rate applications for Section 811 capital advances that 
successfully complete technical processing using the following Rating 
Factors set forth below and in accordance with the application 
submission requirements in IV.(B) below. The maximum number of base 
points to be awarded for applications is 100. Applications have the 
potential of earning 12 bonus points; ten (10) bonus points for 
acceptable evidence of control of an approvable site, and two (2) EZ/EC 
bonus points, as described in the General Section of the SuperNOFA. 
With the addition of 12 bonus points, an application has the potential 
of earning 112 maximum points.

[[Page 24042]]

Rating Factor 1: Capacity of the Applicant and Relevant Organizational 
Staff (30 Points)
    This factor addresses the extent to which the applicant has the 
organizational resources to successfully implement the proposed 
activities in a timely manner.
    In rating this factor, HUD will consider the extent to which the 
application demonstrates the Sponsor's ability to develop and operate 
the proposed housing on a long-term basis, considering the following:
    (1) (20 points) The scope, extent, and quality of the Sponsor's 
experience in providing housing or related services to those proposed 
to be served by the project and the scope of the proposed project 
(i.e., number of units, services, relocation costs, development, and 
operation) in relationship to the Sponsor's demonstrated development 
and management capacity as well as its financial management capability; 
and
    (2) (10 points) The scope, extent, and quality of the Sponsor's 
experience in providing housing or related services to minority persons 
or families. For purposes of this program section of the SuperNOFA 
``minority'' means the basic racial and ethnic categories for Federal 
statistics and administrative reporting, as defined in OMB's 
Statistical and Policy Directive No. 15. (See 60 FR 44673, at 44692, 
August 28, 1995.)
Factor 2: Need/Extent of the Problem (10 Points)
    This factor addresses the extent to which there is a need for 
funding the proposed activities to address a documented problem in the 
target area. In evaluating this factor, HUD will consider:
    The extent of the need for the project in the area based on a 
determination by the HUD Office. This determination will be made by 
considering the Sponsor's evidence of need in the area, as well as 
other economic, demographic, and housing market data available to the 
HUD Office. The data could include the availability of existing 
comparable subsidized housing for persons with disabilities and current 
occupancy in such facilities, comparable subsidized housing for persons 
with disabilities under construction or for which fund reservations 
have been issued, and, in accordance with an agreement between HUD and 
RHS, comments from RHS on the demand for additional comparable 
subsidized housing and the possible harm to existing projects in the 
same housing market area. Also, to the extent that the community's 
Analysis of Impediments to Fair Housing Choice (AI) or other planning 
document that analyzes fair housing issues and is prepared by a local 
planning or similar organization identifies the level of the problem 
and the urgency in meeting the need, the AI should be referred to in 
the response. The Department will review more favorably those 
applications in which the AI or planning document supports the need for 
the project.
Factor 3: Soundness of Approach (40 Points)
    This factor addresses the quality and effectiveness of the 
applicant's proposal. There must be a clear relationship between the 
proposed activities, the community's needs and purposes of the program 
funding for an applicant to receive points for this factor. In 
evaluating this factor, HUD will consider the following:
    (1) (15 points) The proximity or accessibility of the site to 
shopping, medical facilities, transportation, places of worship, 
recreational facilities, places of employment, and other necessary 
services to the intended tenants; adequacy of utilities and streets, 
and freedom of the site from adverse environmental conditions (site 
control projects only); and compliance with site and neighborhood 
standards in 24 CFR 891.125;
    (2) (10 points) The suitability of the site from the standpoints of 
promoting a greater choice of housing opportunities for minority 
persons with disabilities and affirmatively furthering fair housing.
    (3) (5 points) The extent to which the proposed design of the 
project will meet any special needs of persons with disabilities the 
housing is expected to serve;
    (4) (5 points) The extent to which the proposed design of the 
project and its placement in the neighborhood will facilitate the 
integration of the residents into the surrounding community; and
    (5) (5 points) The Sponsor's board includes persons with 
disabilities (including persons who have similar disabilities to those 
of the prospective residents).
Factor 4: Leveraging Resources (10 Points)
    This factor addresses the ability of the applicant to secure other 
community resources which can be combined with HUD's program resources 
to achieve program purposes.
    (1) (5 points) The extent of local government support (including 
financial assistance, donation of land, provision of services, etc.) 
for the project; and
    (2) (5 points) The extent of the Sponsor's activities in the 
community, including previous experience in serving the area where the 
project is to be located, and the Sponsor's demonstrated ability to 
raise local funds.
Factor 5: Comprehensiveness and Coordination (10 Points)
    This factor addresses the extent to which the applicant coordinated 
its activities with other known organizations, participates or promotes 
participation in a community's Consolidated Planning process, and is 
working towards addressing a need in a holistic and comprehensive 
manner through linkages with other activities in the community.
    (1) (4 points) The Sponsor involved persons with disabilities 
(including minority persons with disabilities) in the development of 
the application, and will involve persons with disabilities (including 
minority persons with disabilities) in the development and operation of 
the project;
    (2) (2 points) The extent to which the Sponsor coordinated its 
application with other organizations to complement and/or support the 
proposed project;
    (3) (2 points) The extent to which the Sponsor demonstrates that it 
has been actively involved, or if not currently active, the steps it 
will take to become actively involved in its community's Consolidated 
Planning process to identify and address a need/problem that is related 
in whole or part, directly or indirectly to the proposed project; and
    (4) (2 points) The extent to which the Sponsor developed or plans 
to develop linkages with other activities, programs or projects related 
to the proposed project to coordinate its activities so solutions are 
holistic and comprehensive.
Bonus Points
    (1) (10 bonus points) Acceptable evidence of control of an 
approvable site.
    (2) (2 bonus points) Location of proposed site in an EC/EZ area as 
described in the General Section of this SuperNOFA.

IV. Application Submission Requirements

(A) Application

    Each application shall include all of the information, materials, 
forms, and exhibits listed in Section IV(B) of this Section 811 Program 
section of the SuperNOFA (with the exception of applications submitted 
by Sponsors selected for a Section 811 fund reservation within the last 
three funding

[[Page 24043]]

cycles), and in the application kit. Such previously selected Section 
811 Sponsors are not required to submit the information described in 
Section IV(B)(2) (a), (b), and (c), below, of this program section of 
the SuperNOFA (Exhibits 2.a., b., and c. of the application), which are 
the articles of incorporation (or other organizational documents), by-
laws, and the IRS tax exemption, respectively. If there has been a 
change in any of the eligibility documents since its previous HUD 
approval, the Sponsor must submit the updated information in its 
application. The HUD Office will base its determination of the 
eligibility of a new Sponsor for a reservation of Section 811 capital 
advance funds on the information provided in the application. HUD 
Offices will verify a Sponsor's indication of previous HUD approval by 
checking the project number and approval status with the appropriate 
HUD Office.
    In addition to this relief of paperwork burden in preparing 
applications, applicants will be able to use information and exhibits 
previously prepared for prior applications under Section 811, Section 
202, or other funding programs. Examples of exhibits that may be 
readily adapted or amended to decrease the burden of application 
preparation include, among others, those on previous participation in 
the Section 202 or Section 811 programs; applicant experience in the 
provision of housing and services; supportive services plan; community 
ties; and experience serving minorities.

(B) General Application Requirements

    Note: A sponsor may apply for a scattered site project in one 
application.

    (1) Form HUD-92016-CA, Application for Section 811 Supportive 
Housing Capital Advance.
    (2) Evidence of each Sponsor's legal status as a nonprofit 
organization, including the following:
    (a) Articles of Incorporation, constitution, or other 
organizational documents;
    (b) By-laws;
    (c) IRS section 501(c)(3) tax exemption ruling (this must be 
submitted by all Sponsors, including churches).
    Note: Sponsors who have received a section 811 fund reservation 
within the last three funding cycles are not required to submit the 
documents described in (a), (b), and (c), above. instead, sponsors 
must submit the project number of the latest application submitted 
and the HUD office to which it was submitted. If there have been any 
modifications or additions to the subject documents, indicate such, 
and submit the new material.

    (d) The number of people on the Sponsor's board and the number of 
those people who have disabilities (including disabilities similar to 
those of the prospective residents).
    (3) Sponsor's purpose, community ties, and experience, including 
the following:
    (a) A description of Sponsor's purpose, current activities and how 
long it has been in existence;
    (b) A description of Sponsor's ties to the community at large and 
to the minority and disabled communities in particular;
    (c) A description of local government support (including financial 
assistance, donation of land, provision of services, etc.);
    (d) Letters of support for the Sponsor and for the proposed project 
from organizations familiar with the housing and supportive services 
needs of the persons with disabilities that the Sponsor expects to 
serve in the proposed project;
    (e) A description of Sponsor's housing and/or supportive services 
experience. The description should include any rental housing projects 
(including integrated housing developments) and/or supportive services 
facilities sponsored, owned, and operated by the Sponsor, the Sponsor's 
past or current involvement in any programs other than housing that 
demonstrates the Sponsor's management capabilities (including financial 
management) and experience, and the Sponsor's experience in serving 
persons with disabilities and minorities; and the reasons for receiving 
any increases in fund reservations for developing and/or operating any 
previously funded projects.
    (f) A description, if applicable, of the Sponsor's efforts to 
involve persons with disabilities (including minority persons with 
disabilities and persons with disabilities similar to those of the 
prospective residents) in the development of the application and in the 
development and operation of the project.
    (g) A description of the steps the Sponsor took to identify and 
coordinate its application with other organizations to complement and/
or support the proposed project as well as the steps it will take, if 
funded, to share information on solutions and outcomes relative to the 
development of the proposed project.
    (h) A description of the Sponsor's involvement in its community's 
Consolidated Planning process including:
    (i) An identification of the lead/facilitating agency that 
organizes/administers the process;
    (ii) An identification of the Consolidated Plan issue areas in 
which the Sponsor participates;
    (iii) The Sponsor's level of participation in the process, 
including active involvement in any committees.
    If Sponsor is not currently active, describe the specific steps it 
will take to become active in the Consolidated Planning process. 
(Consult local HUD Office for the identification of the Consolidated 
Plan community process for the appropriate area.)
    (4) Project information including the following:
    (a) Evidence of need for supportive housing. Such evidence would 
include a description of the proposed population and evidence 
demonstrating sustained effective demand for supportive housing for the 
proposed population in the market area to be served, taking into 
consideration the occupancy and vacancy conditions in existing 
comparable subsidized housing for persons with disabilities, State or 
local needs assessments of persons with disabilities in the area, the 
types of supportive services arrangements currently available in the 
area, and the use of such services as evidenced by data from local 
social service agencies. Also, a description of how information in the 
community's Analysis of Impediments to Fair Housing Choice was used in 
documenting the need for the project.
    (b) A description of how the proposed project will benefit the 
target population and the community in which it will be located;
    (c) A description of the project, including the following:
    (i) A narrative description of the building(s) including the number 
and type of structure(s), number of bedrooms if group home, number of 
units with bedroom distribution if independent living units (including 
condos), number of residents with disabilities, and any resident staff 
per structure; an identification of all community spaces, amenities, or 
features planned for the housing and a description of how the spaces, 
amenities, or features will be used, and the extent to which they are 
necessary to accommodate the needs of the proposed residents. If these 
community spaces, amenities, or features would not comply with the 
project design and cost standards of Sec. 891.120 and the special 
project standards of Sec. 891.310, the Sponsor must demonstrate its 
ability and willingness to contribute both the incremental development 
cost and continuing operating cost associated with the community 
spaces, amenities, or features; and a description of how the

[[Page 24044]]

design of the proposed project will promote the integration of the 
residents into the surrounding community; and
    (ii) A description of whether and how the project will promote 
energy efficiency, and, if applicable, innovative construction or 
rehabilitation methods or technologies to be used that will promote 
efficient construction.
    (d) Evidence of control of an approvable site, or identification of 
a site for which the Sponsor provides reasonable assurances that it 
will obtain control within 6 months from the date of fund reservation 
(if Sponsor is approved for funding).
    (5) If the Sponsor has control of the site, it must submit the 
following information:
    (a) Evidence that the Sponsor has entered into a legally binding 
option agreement (which extends 30 days beyond the end of the current 
fiscal year and contains a renewal provision so that the option can be 
renewed for at least an additional six months) to purchase or lease the 
proposed site; or has a copy of the contract of sale for the site, a 
deed, long-term leasehold, a request with all supporting documentation, 
submitted either prior to or with the Application for Capital Advance, 
for a partial release of a site covered by a mortgage under a HUD 
program, or other evidence of legal ownership of the site (including 
properties to be acquired from the FDIC/RTC). The Sponsor must also 
identify any restrictive covenants, including reverter clauses. In the 
case of a site to be acquired from a public body, evidence that the 
public body possesses clear title to the site, and has entered into a 
legally binding agreement to lease or convey the site to the Sponsor 
after it receives and accepts a notice of Section 811 capital advance, 
and identification of any restrictive covenants, including reverter 
clauses. However, in localities where HUD determines that the time 
constraints of the funding round will not permit all of the required 
official actions (e.g., approval of Community Planning Boards) that are 
necessary to convey publicly-owned sites, a letter in the application 
from the mayor or director of the appropriate local agency indicating 
their approval of conveyance of the site contingent upon the necessary 
approval action is acceptable and may be approved by the HUD Office if 
it has satisfactory experience with timely conveyance of sites from 
that public body. In such cases, documentation shall also include a 
copy of the public body's evidence of ownership and identification of 
any restrictive covenants, including reverter clauses.

    Note: A proposed project site may not be acquired or optioned 
from a general contractor (or its affiliate) that will construct the 
section 811 project or from any other development team member.

    (b) Evidence that the project as proposed is permissible under 
applicable zoning ordinances or regulations, or a statement of the 
proposed action required to make the proposed project permissible and 
the basis for belief that the proposed action will be completed 
successfully before the submission of the firm commitment application 
(e.g., a summary of the results of any requests for rezoning on land in 
similar zoning classifications and the time required for such rezoning, 
the procedures for obtaining special or conditional use permits or 
preliminary indications of acceptability from zoning bodies, etc.).

    Note: Sponsors should be aware that under certain circumstances 
the Fair Housing Act requires localities to make reasonable 
accommodations to their zoning ordinances or regulations in order to 
offer persons with disabilities an opportunity to live in an area of 
their choice. If the Sponsor is relying upon a theory of reasonable 
accommodation to satisfy the zoning requirement, then the Sponsor 
must clearly articulate the basis for its reasonable accommodation 
theory.

    (c) A narrative topographical and demographic description of the 
suitability of the site and area as well as a description of the area 
surrounding the site, the characteristics of the neighborhood, how the 
site will promote greater housing opportunities for minority persons 
with disabilities thereby affirmatively furthering fair housing;

    Note: The applicant can best demonstrate its commitment to 
affirmatively furthering fair housing by describing how proposed 
activities will assist the jurisdiction in overcoming impediments to 
fair housing choice identified in the applicable jurisdiction's 
Analysis of Impediments (AI) to Fair Housing Choice, which is a 
component of the jurisdiction's Consolidated Plan, or any other 
planning document that addresses fair housing issues. The applicable 
Consolidated Plan and AI may be the Community's, the County's, or 
the State's, to which input should have been provided by the local 
community and its agencies. Alternatively, a document may be used 
which was previously prepared by a local planning, or similar, 
organization which addresses Fair Housing issues and remedies to 
barriers to Fair Housing in the community. Applicable impediments 
could include the need for improved housing quality and services and 
concomitant expanded housing choice for all persons with 
disabilities.

    (d) A statement that the Sponsor is willing to seek a different 
site if the preferred site is unapprovable and that site control will 
be obtained within six months of notification of fund reservation;
    (e) A map showing the location of the site and the racial 
composition of the neighborhood, with the area of racial concentration 
delineated;
    (f) A Phase I Environmental Site Assessment, in accordance with the 
American Society for Testing and Material (ASTM) Standards E 1527-93, 
as amended. Since the Phase I study must be completed and submitted 
with the application, it is important that the Sponsor start the site 
assessment process as soon after publication of the SuperNOFA as 
possible.
    If the Phase I study indicates the possible presence of 
contamination and/or hazards, the Sponsor must decide whether to 
continue with this site or choose another site. Should the Sponsor 
choose another site, the same environmental site assessment procedure 
identified above must be followed for that site.

    Note: For properties to be acquired from the FDIC/RTC, include a 
copy of the FDIC/RTC prepared Transaction Screen Checklist or Phase 
I Environmental Site Assessment, and applicable documentation, per 
the FDIC/RTC Environmental Guidelines.

    If the Sponsor chooses to continue with the original site on which 
the Phase I study indicated contamination or hazards, then it must 
undertake a detailed Phase II Environmental Site Assessment by an 
appropriate professional. If the Phase II Assessment reveals site 
contamination, the extent of the contamination and a plan for clean-up 
of the site must be submitted to the local HUD Office. The plan for 
clean-up must include a contract for remediation of the problem(s) and 
an approval letter from the applicable Federal, State, and/or local 
agency with jurisdiction over the site. In order for the application to 
be considered for review under this FY 1998 funding competition, this 
information would have to be submitted to the local HUD Office no later 
than 30 days after the application submission deadline date.

    Note: This could be an expensive undertaking. The cost of any 
clean-up and/or remediation must be borne by the sponsor.

    (g) A letter from the State Historic Preservation Officer 
indicating whether the proposed site(s) has any historical 
significance. If the Sponsor cannot obtain a letter from the SHPO due 
to the SHPO not responding to the Sponsor's request or the SHPO 
responding that it cannot or will not comply with the requirement, the 
Sponsor must submit the following: 1) a letter indicating that it 
attempted to get the required letter from the SHPO but that the SHPO 
either

[[Page 24045]]

had not responded to the Sponsor's request or would not honor or 
recognize the Sponsor's request; 2) a copy of the Sponsor's letter to 
the SHPO requesting the required letter; and, 3) a copy of the SHPO's 
response, if available.
    (h) If an exception to the project size limits found in Section 
IV(D) below, of this program section of the SuperNOFA is being 
requested, describe why the site was selected and demonstrate the 
following:
    (i) People with disabilities similar to those of the prospective 
tenants have indicated their acceptance or preference to live in 
housing with as many units/people as proposed for the project;
    (ii) The increased number of people is necessary for the economic 
feasibility of the project;
    (iii) The project is compatible with other residential development 
and the population density of the area in which the project is to be 
located;
    (iv) The increased number of people will not prohibit their 
successful integration into the community;
    (v) The project is marketable in the community;
    (vi) The size of the project is consistent with State and/or local 
policies governing similar housing for the proposed population; and
    (vii) A statement that the Sponsor is willing to have its 
application processed at the project size limit should HUD not approve 
the exception.
    (6) If the Sponsor has identified a site, but does not have it 
under control, it must submit the following information:
    (a) A description of the location of the site, including its street 
address, its unit number (if condominium), neighborhood/community 
characteristics (to include racial and ethnic data), amenities, 
adjacent housing and/or facilities, and how the site will promote 
greater housing opportunities for minority persons with disabilities 
thereby affirmatively furthering fair housing;
    (b) A description of the activities undertaken to identify the 
site, as well as what actions must be taken to obtain control of the 
site, if approved for funding;
    (c) An indication as to whether the site is properly zoned. If it 
is not, an indication of the actions necessary for proper zoning and 
whether these can be accomplished within six months of fund reservation 
award, if approved for funding;
    (d) A status of the sale of the site; and
    (e) An indication as to whether the site would involve relocation.
    (7) A supportive services plan (a copy of which must be sent to the 
appropriate State or local agency as instructed in Section IV(C) below 
of this program section of the SuperNOFA) that includes:
    (a) A detailed description of whether the housing is expected to 
serve persons with physical disabilities, developmental disabilities, 
chronic mental illness or any combination of the three. Include how and 
from whom/where persons will be referred to and accepted for occupancy 
in the project. The Sponsor may, with the approval of the Secretary, 
limit occupancy within housing developed under this program section of 
the SuperNOFA to persons with disabilities who have similar 
disabilities and require a similar set of supportive services in a 
supportive housing environment. However, the Owner must permit 
occupancy by any qualified person with a disability who could benefit 
from the housing and/or services provided, regardless of the person's 
disability.
    (b) If the Sponsor is requesting approval to limit occupancy in its 
proposed project(s), it must submit the following:
    (i) description of the population of persons with disabilities to 
which occupancy will be limited;
    (ii) An explanation of why it is necessary to limit occupancy of 
the proposed project(s) to the population described in (i) above. This 
should include but is not limited to:
    (1) An explanation of how limiting occupancy to a subcategory of 
persons with disabilities promotes the goals of the Section 811 
program; and,
    (2) An explanation of why the housing and/or service needs of this 
population cannot be met in a more integrated setting.
    (iii) A description of the Sponsor's experience in providing 
housing and/or supportive services to the proposed occupants; and
    (iv) A description of how the Sponsor will ensure that the 
occupants of the proposed project(s) will be integrated into the 
neighborhood and surrounding community.
    (8) A detailed description of the supportive service needs of the 
persons with disabilities that the housing is expected to serve.
    (9) The Sponsor shall develop, and submit with its application, a 
list of community service providers, including those that are consumer 
controlled, and include letters of intent to provide services to 
residents of the proposed project(s) from as many potential service 
providers as possible. This list shall be made available to any 
residents who wish to be responsible for acquiring their own supportive 
services. However, a provider may not require residents to participate 
in any particular service.
    (10) A detailed description of a comprehensive supportive services 
plan organized by the Sponsor for those residents who do not wish to 
take responsibility for acquiring their own services. Such a plan must 
include the following:
    (a) The name(s) of the agency(s) that will be responsible for 
providing the supportive services;
    (b) The evidence of each service provider's (applicable even if the 
service provider will be the Sponsor) capability and experience in 
providing such supportive services;
    (c) A description of how, when, how often, and where (on/off-site) 
the services will be provided;
    (d) Identification of the extent of State and local funds to assist 
in the provision of supportive services;
    (e) Letters of intent from service providers (including those that 
are consumer-controlled) or funding sources, indicating commitments to 
fund or to provide the supportive services, or that a particular 
service will be available to proposed residents. If the Sponsor will be 
providing any supportive services or will be coordinating the provision 
of any of the supportive services, a letter indicating its commitment 
to either provide the supportive services or ensure their provision for 
the life of the project;
    (f) If any State or local government funds will be provided, a 
description of the State or local agency's philosophy/policy concerning 
housing for the population to be served, and a demonstration by the 
Sponsor that the application is consistent with State or local plans 
and policies governing the development and operation of housing for the 
same disabled population.
    (e) A description of residential staff, if needed.
    (f) Assurances that if any proposed resident chooses to receive 
supportive services organized by the Sponsor, the services will be 
provided based on the resident's individual needs.
    (g) A statement indicating the Sponsor's commitment that it will 
not condition occupancy on the resident's acceptance of any supportive 
services.
    (11) A list of the applications, if any, the Sponsor has submitted 
or is planning to submit to any other HUD Office in response to this 
Section 811 funding announcement under this SuperNOFA or announcement 
for funding under this SuperNOFA of the Section 202 program of 
Supportive Housing for the Elderly. Indicate, by HUD Office, the number 
of units requested and the proposed location by

[[Page 24046]]

city and State for each application. Include a list of all FY 1997 and 
prior year projects to which the Sponsor(s) is a party, identified by 
project number and HUD Office, which have not been finally closed.
    (12) A statement that: (a) identifies all persons (families, 
individuals, businesses, and nonprofit organizations) by race/minority 
group and status as owners or tenants occupying the property on the 
date of submission of the application for a capital advance; (b) 
indicates the estimated cost of relocation payments and other services; 
(c) identifies the staff organization that will carry out the 
relocation activities; and (d) identifies all persons that have moved 
from the site within the last 12 months. (This requirement applies to 
applications with site control only. Sponsors of applications with 
identified sites that are selected will be required to submit this 
information at a later date once they have obtained site control.)

    Note: If any of the relocation costs will be funded from sources 
other than the section 811 capital advance, the sponsor must provide 
evidence of a firm commitment of these funds. When evaluating 
applications, HUD will consider the total cost of proposals (i.e., 
cost of site acquisition, relocation, construction and other project 
costs).

VI. Environmental Requirements

    All Section 811 assistance is subject to the National Environmental 
Policy Act of 1969 and applicable related Federal environmental 
authorities. The environmental review provisions of the Section 811 
program regulations are in 24 CFR 891.155(b).

Appendix A to SuperNOFA--HUD Field Office Contact Information

    Not all Field Offices listed handle all of the programs 
contained in the SuperNOFAs. Applicants should look to the 
SuperNOFAs for contact numbers for information on specific programs. 
Office Hour listings are local time. Persons with hearing or speech 
impediments may access any of these numbers via TTY by calling the 
Federal Relay Service at 1-800-877-8339.

New England

Connecticut State Office, One Corporate Center, 19th Floor, 
Hartford, CT 06103-3220, 860-240-4800, Office Hours: 8:00--4:30 PM
Maine State Office, 99 Franklin Street, Third Floor, Suite 302, 
Bangor, ME 04401-4925, 207-945-0467, Office Hours: 8:00 AM-4:30 PM
Massachusetts State Office, Thomas P. O'Neill, Jr. Federal Building, 
10 Causeway Street, Room 375, Boston, MA 02222-1092, 617-565-5234, 
Office Hours: 8:30 AM-5:00 PM
New Hampshire State Office, Norris Cotton Federal Building, 275 
Chestnut Street, Manchester, NH 03101-2487, 603-666-7681, Office 
Hours: 8:00 AM-4:30 PM
Rhode Island State Office, Sixth Floor 10 Weybosset Street, 6th 
Floor, Providence, RI 02903-2808, 401-528-5230, Office Hours: 8:00 
AM-4:30 PM
Vermont State Office, U.S. Federal Building, Room 237, 11 Elmwood 
Avenue, P.O. Box 879, Burlington, VT 05402-0879, 802-951-6290, 
Office Hours: 8:00 AM-4:30 PM

New York/New England

Albany Area Office, 52 Corporate Circle, Albany, NY 12203-5121, 518-
464-4200, Office Hours: 7:30 AM-4:00 PM
Buffalo Area Office, Lafayette Court, 465 Main Street, Fifth Floor, 
Buffalo, NY 14203-1780, 716-551-5755, Office Hours: 8:00 AM-4:30 PM
Camden Area Office, Hudson Building 800, Hudson Square, Second 
Floor, Camden, NJ 08102-1156, 609-757-5081, Office Hours: 8:00 AM-
4:30 PM
New Jersey State Office, One Newark Center, 13th Floor, Newark, NJ 
07102-5260, 973-622-7900, Office Hours: 8:00 AM-4:30 PM
New York State Office, 26 Federal Plaza, New York, NY 10278-0068, 
212-264-6500, Office Hours: 8:30 AM-5:00 PM

Mid Atlantic

Delaware State Office, 824 Market Street, Suite 850, Wilmington, DE 
19801-3016, 302-573-6300, Office Hours: 8:00 AM-4:30 PM
District of Columbia Office, 820 First Street, N.E., Suite 450, 
Washington, DC 20002-4205, 202-275-9200, Office Hours: 8:30 AM-4:30 
PM
Maryland State Office, City Crescent Building, 10 South Howard 
Street, Fifth Floor, Baltimore, MD 21201-2505, 410-962-2520, Office 
Hours: 8:30 AM-4:30 PM
Pennsylvania State Office, The Wanamaker Building, 100 Penn Square 
East, Philadelphia, PA 19107-3380, 215-656-0600, Office Hours: 8:30 
AM-4:30 PM
Pittsburgh Area Office, 339 Sixth Avenue, Sixth Floor, Pittsburgh, 
PA 15222-2515, 412-644-6428, Office Hours: 8:30 AM-4:30 PM
Virginia State Office, The 3600 Centre, 3600 West Broad Street, 
Richmond, VA 23230-4920, 804-278-4539, Office Hours: 8:30 AM-4:30 PM
West Virginia State Office, 405 Capitol Street, Suite 708, 
Charleston, WV 25301-1795, 304-347-7000, Office Hours: 8:00 AM-4:30 
PM

Southeast/Caribbean

Alabama State Office, Beacon Ridge Tower, 600 Beacon Parkway West, 
Suite 300, Birmingham, AL 35209-3144, 205-290-7617, Office Hours: 
8:00 AM-4:30 PM
Caribbean Office, New San Juan Office Building, 159 Carlos E. 
Chardon Avenue, San Juan, PR 00918-1804, 787-766-5201, Office Hours: 
8:00 AM-4:30 PM
Florida State Office, Gables One Tower, 1320 South Dixie Highway, 
Coral Gables, FL 33146-2926, 305-662-4500, Office Hours: 8:30 AM-5 
PM
Georgia State Office, Richard B. Russell Federal Building, 75 Spring 
Street, S.W., Atlanta, GA 30303-3388, 404-331-5136, Office Hours: 
8:00 AM-4:30 PM
Jacksonville Area Office, Southern Bell Tower, 301 West Bay Street, 
Suite 2200, Jacksonville, FL 32202-5121, 904-232-2627, Office Hours: 
8:00 AM-4:30 PM
Kentucky State Office, 601 West Broadway, P.O. Box 1044, Louisville, 
KY 40201-1044, 502-582-5251, Office Hours: 8:00 AM-4:45 PM
Knoxville Area Office, John J. Duncan Federal Building, 710 Locust 
Street, 3rd Floor, Knoxville, TN 37902-2526, 423-545-4384, Office 
Hours: 7:30 AM-4:15 PM
Memphis Area Office, One Memphis Place, 200 Jefferson Avenue, Suite 
1200, Memphis, TN 38103-2335, 901-544-3367, Office Hours: 8:00 AM-
4:30 PM
Mississippi State Office, Doctor A. H. McCoy Federal Building, 100 
West Capital Street, Room 910, Jackson, MS 39269-1096, 601-965-4738, 
Office Hours: 8:00 AM-4:45 PM
North Carolina State Office, Koger Building, 2306 West Meadowview 
Road, Greensboro, NC 27407-3707, 910-547-4000, Office Hours: 8:00 
AM-4:45 PM
Orlando Area Office, Langley Building, 3751 Maguire Blvd, Suite 270, 
Orlando, FL 32803-3032, 407-648-6441, Office Hours: 8:00 AM-4:30 PM
South Carolina State Office, Strom Thurmond Federal Building, 1835 
Assembly Street, Columbia, SC 29201-2480, 803-765-5592, Office 
Hours: 8:00 AM-4:45 PM
Tampa Area Office, Timberlake Federal Building Annex, 501 East Polk 
Street, Suite 700, Tampa, FL 33602-3945, 813-228-2501, Office Hours: 
8:00 AM-4:30 PM
Tennessee State Office, 251 Cumberland Bend Drive, Suite 200, 
Nashville, TN 37228-1803, 615-736-5213, Office Hours: 8:00 AM-4:30 
PM

Midwest

Cincinnati Area Office, 525 Vine Street, 7th Floor, Cincinnati, OH 
45202-3188, 513-684-3451, Office Hours: 8:00 AM-4:45 PM
Cleveland Area Office, Renaissance Building, 1350 Euclid Avenue, 
Suite 500, Cleveland, OH 44115-1815, 216-522-4065, Office Hours: 
8:00 AM-4:40 PM
Flint Area Office, The Federal Building, 605 North Saginaw, Suite 
200, Flint, MI 48502-2043, 810-766-5108, Office Hours: 8:00 AM-4:30 
PM
Grand Rapids Area Office, Trade Center Building, 50 Louis Street, 
NW, 3rd Floor, Grand Rapids, MI 49503-2648, 616-456-2100, Office 
Hours: 8:00 AM-4:30 PM
Illinois State Office, Ralph H. Metcalfe Federal Building, 77 West 
Jackson Blvd, Chicago, IL 60604-3507, 312-353-5680, Office Hours: 
8:15 AM-4:45 PM
Indiana State Office, 151 North Delaware Street, Indianapolis, IN 
46204-2526, 317-226-6303, Office Hours: 8:00 AM-4:45 PM
Michigan State Office, Patrick V. McNamara Federal Building, 477 
Michigan Avenue, Detroit, MI 48226-2592, 313-226-7900, Office Hours: 
8:00 AM-4:30 PM
Minnesota State Office, 220 Second St., South, Minneapolis, MN 
55401-2195, 612-370-3000, Office Hours: 8:00 AM-4:30 PM
Ohio State Office, 200 North High Street, Columbus, OH 43215-2499, 
614-469-5737, Office Hours: 8:00 AM-4:45 PM
Wisconsin State Office, Henry S. Reuss Federal Plaza, 310 West 
Wisconsin Avenue, Suite 1380, Milwaukee, WI

[[Page 24047]]

53203-2289, 414-297-3214, Office Hours: 8:00 AM-4:30 PM

Southwest

Arkansas State Office, TCBY Tower, 425 West Capitol Avenue, Suite 
900, Little Rock, AR 72201-3488, 501-324-5931, Office Hours: 8:00 
AM-4:30 PM
Dallas Area Office, Maceo Smith Federal Building, 525 Griffin 
Street, Room 860, Dallas, TX 75202-5007, 214-767-8359, Office Hours: 
8:00 AM-4:30 PM
Houston Area Office, Norfolk Tower, 2211 Norfolk, Suite 200, 
Houston, TX 77098-4096, 713-313-2274, Office Hours: 7:45 AM-4:30 PM
Louisiana State Office, Hale Boggs Federal Building, 501 Magazine 
Street, 9th Floor, New Orleans, LA 70130-3099, 504-589-7201, Office 
Hours: 8:00 AM-4:30 PM
Lubbock Area Office, George H. Mahon Federal Building and United 
States Courthouse, 1205 Texas Avenue, Lubbock, TX 79401-4093, 806-
472-7265, Office Hours: 8:00 AM-4:45 PM
New Mexico State Office, 625 Truman Street, N.E., Albuquerque, NM 
87110-6472, 505-262-6463, Office Hours: 7:45 AM--4:30 PM
Oklahoma State Office, 500 West Main Street, Suite 400, Oklahoma 
City, OK 73102, 405-553-7401, Office Hours: 8:00 AM--4:30 PM
San Antonio Area Office, Washington Square, 800 Dolorosa Street, San 
Antonio, TX 78207-4563, 210-472-6800, Office Hours: 8:00 AM--4:30 PM
Shreveport Area Office, 401 Edwards Street, Suite 1510, Shreveport, 
LA 71101-3289, 318-676-3385, Office Hours: 7:45 AM--4:30 PM
Texas State Office, 1600 Throckmorton Street, P.O. Box 2905, Fort 
Worth, TX 76113-2905, 817-978-9000, Office Hours: 8:00 AM--4:30 PM
Tulsa Area Office, 50 East 15th Street, Tulsa, OK 74119-4030, 918-
581-7434, Office Hours: 8:00 AM--4:30 PM

Great Plains

Iowa State Office, Federal Building, 210 Walnut Street, Room 239, 
Des Moines, IA 50309-2155, 515-284-4512, Office Hours: 8:00 AM--4:30 
PM
Kansas/Missouri State Office, Gateway Tower II, 400 State Avenue, 
Kansas City, KS 66101-2406, 913-551-5462, Office Hours: 8:00 AM--
4:30 PM
Nebraska State Office, Executive Tower Centre, 10909 Mill Valley 
Road, Omaha, NE 68154-3955, 402-492-3100, Office Hours: 8:00 AM--
4:30 PM
St. Louis Area Office, Robert A. Young Federal Building, 1222 Spruce 
Street, 3rd Floor, St. Louis, MO 63103-2836, 314-539-6583, Office 
Hours: 8:00 AM--4:30 PM

Rocky Mountains

Colorado State Office, 633--17th Street, Denver, CO 80202-3607, 303-
672-5440, Office Hours: 8:00 AM--4:30 PM
Montana State Office, Federal Office Building, 301 South Park, Room 
340, Drawer 10095, Helena, MT 59626-0095, 406-441-1298, Office 
Hours: 8:00 AM--4:30 PM
North Dakota State Office, Federal Building P. O. Box 2483, Fargo, 
ND 58108-2483, 701-239-5136, Office Hours: 8:00 AM--4:30 PM
South Dakota State Office, 2400 West 49th Street, Suite I-201, Sioux 
Falls, SD 57105-6558, 605-330-4223, Office Hours: 8:00 AM--4:30 PM
Utah State Office, 257 Tower Building, 257 East--200 South, Suite 
550, Salt Lake City, UT 84111-2048, 801-524-3323, Office Hours: 8:00 
AM--4:30 PM
Wyoming State Office, Federal Office Building, 100 East B Street, 
Room 4229, Casper, WY 82601-1918, 307-261-6250, Office Hours: 8:00 
AM--4:30 PM

Pacific/Hawaii

Arizona State Office, Two Arizona Center, 400 North 5th Street, 
Suite 1600, Phoenix, AZ 85004, 602-379-4434, Office Hours: 8:00 AM--
4:30 PM
California State Office, Philip Burton Federal Building and U.S. 
Courthouse, 450 Golden Gate Avenue, San Francisco, CA 94102-3448, 
415-436-6550, Office Hours: 8:15 AM--4:45 PM
Fresno Area Office, 2135 Fresno Street, Suite 100, Fresno, CA 93721-
1718, 209-487-5033, Office Hours: 8:00 AM--4:30 PM
Hawaii State Office, Seven Waterfront Plaza, 500 Ala Moana 
Boulevard, Suite 500, Honolulu, HI 96813-4918, 808-522-8175, Office 
Hours: 8:00 AM--4:00 PM
Los Angeles Area Office, 611 West 6th Street, Suite 800, Los 
Angeles, CA 90017-3127, 213-894-8000, Office Hours: 8:00 AM--4:30 PM
Nevada State Office, 333 North Rancho Drive, Suite 700, Las Vegas, 
NV 89106-3714, 702-388-6525, Office Hours: 8:00 AM--4:30 PM
Reno Area Office, 1575 Delucchi Lane, Suite 114, Reno, NV 89502-
6581, 702-784-5356, Office Hours: 8:00 AM--4:30 PM
Sacramento Area Office, 777--12th Street, Suite 200, Sacramento, CA 
95814-1997, 916-498-5220, Office Hours: 8:00 AM--4:30 PM
San Diego Area Office, Mission City Corporate Center, 2365 Northside 
Drive, Suite 300, San Diego, CA 92108-2712, 619-557-5310, Office 
Hours: 8:00 AM--4:30 PM
Santa Ana Area Office, 3 Hutton Centre Drive, Suite 500, Santa Ana, 
CA 92707-5764, 714-957-3745, Office Hours: 8:00 AM--4:30 PM
Tucson Area Office, Security Pacific Bank Plaza, 33 North Stone 
Avenue, Suite 700, Tucson, AZ 85701-1467, 520-670-6237, Office 
Hours: 8:00 AM--4:30 PM

Northwest/Alaska

Alaska State Office, University Plaza Building, 949 East 36th 
Avenue, Suite 401, Anchorage, AK 99508-4135, 907-271-4170, Office 
Hours: 8:00 AM--4:30 PM
Idaho State Office, Plaza IV 800 Park Boulevard, Suite 220, Boise, 
ID 83712-7743, 208-334-1990, Office Hours: 8:00 AM--4:30 PM
Oregon State Office, 400 Southwest Sixth Avenue, Suite 700, 
Portland, OR 97204-1632, 503-326-2561, Office Hours: 8:00 AM--4:30 
PM
Spokane Area Office, Farm Credit Bank Building, Eighth Floor East, 
West 601 First Avenue, Spokane, WA 99204-0317, 509-353-2510, Office 
Hours: 8:00 AM--4:30 PM
Washington State Office, Seattle Federal Office Building, 909 1st 
Avenue, Suite 200, Seattle, WA 98104-1000, 206-220-5101, Office 
Hours: 8:00 AM--4:30 PM

[FR Doc. 98-11400 Filed 4-29-98; 8:45 am]
BILLING CODE 4210-32-P