[Federal Register Volume 63, Number 141 (Thursday, July 23, 1998)]
[Notices]
[Pages 39686-39691]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-19676]



[[Page 39685]]

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Part IV





Department of Housing and Urban Development





_______________________________________________________________________



Office of the Assistant Secretary for Public and Indian Housing, Notice 
of Funding Availability for Title VI Loan Guarantee Capacity-Building 
Grants; Notice

  Federal Register / Vol. 63, No. 141 / Thursday, July 23, 1998 / 
Notices  

[[Page 39686]]



DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

[Docket No. FR-4384-N-02]


Notice of Funding Availability for Title VI Loan Guarantee 
Capacity-Building Grants

AGENCY: Office of the Assistant Secretary for Public and Indian 
Housing, HUD.

ACTION: Notice of funding availability (NOFA).

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SUMMARY: This NOFA announces the availability of $4 million for 
assistance to organizations providing capacity building technical 
assistance to Indian tribes or Tribally Designated Housing Entities 
(TDHEs) that have been granted a loan guarantee under the Title VI 
Demonstration Program. Under the demonstration program (which HUD is 
announcing through a separate notice published elsewhere in today's 
Federal Register), HUD will guarantee the financial obligations issued 
by Indian tribes and TDHEs to finance affordable housing activities 
authorized by the Native American Housing Assistance and Self-
Determination Act of 1996 (NAHASDA). This document sets forth the 
application instructions for the grants made available under the NOFA.

APPLICATION DUE DATES: Completed applications (an original and one 
copy) must be submitted no later than 4:00 pm, Mountain time, on August 
24, 1998 to the address shown below.
    The above-stated application deadline is firm as to date and hour. 
In the interest of fairness to all applicants, HUD will treat as 
ineligible for consideration any application that is not received by 
the application deadline. Applicants should submit their materials as 
early as possible to avoid any risk of loss of eligibility because of 
unanticipated delays or other delivery-related problems. HUD will not 
accept, at any time during the NOFA competition, application materials 
sent by facsimile (FAX) transmission.

ADDRESSES AND APPLICATION SUBMISSION PROCEDURES: Addresses: Completed 
applications (one original and one copy) must be submitted to: National 
office of Native American Programs--Office of Loan Guarantee, 
Department of Housing and Urban Development, 1999 Broadway--Suite 3390, 
Box 90, Denver, CO 80202-3390; ATTN: Title VI Demonstration.
    Application Procedures: Mailed Applications. Applications will be 
considered timely filed if post marked on or before 4:00 p.m. on the 
application due date and received at the address above on or within 
five (5) 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. 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 8:30 am to 4:00 pm, 
Mountain time.

FOR FURTHER INFORMATION AND TECHNICAL ASSISTANCE CONTACT: Karen Garner-
Wing, Director, Office of Loan Guarantee, Department of Housing and 
Urban Development, 1999 Broadway--Suite 3390, Box 90, Denver, CO 80202-
3390; telephone (303) 675-1600 (this is not a toll free number). 
Persons with speech or hearing impediments may access this number via 
TTY by calling the toll-free Federal Information Relay Service at 1-
800-877-8339.

SUPPLEMENTARY INFORMATION:

I. Authority; Background; Purpose; Definitions; Amounts Allocated; 
and Eligibility

(A) Authority

    Title II of the Departments of Veterans Affairs and Housing and 
Urban Development, and Independent Agencies Appropriations Act, 1998 
(Pub. L. 105-65, 111 Stat. 1344, 1357; approved October 27, 1997) (FY 
1998 HUD Appropriations Act).

(B) Background

    Title VI of the Native American Housing Assistance and Self-
Determination Act of 1996 (NAHASDA) (entitled ``Federal Guarantees for 
Financing for Tribal Housing Activities'') authorizes HUD to guarantee 
financial obligations issued by Indian tribes or their Tribally 
Designated Housing Entities (TDHEs) to finance affordable housing 
activities. To assure the repayment of notes or other obligations, 
NAHASDA requires Title VI applicants to pledge their Indian Housing 
Block Grant (IHBG) funds and other security as required by HUD. The FY 
1998 HUD Appropriations Act provided $5 million for the funding of a 
demonstration program which could guarantee up to $45 million in Title 
VI loan guarantees. HUD's Title VI Loan Guarantee Demonstration program 
is being announced through a separate notice published elsewhere in 
today's Federal Register.

(C) Purpose

    (1) The FY 1998 HUD Appropriations Act provided $25 million to test 
comprehensive approaches for developing jobs through economic 
development, developing affordable low- and moderate-income rental and 
homeownership housing, and increasing the investment of both private 
and nonprofit capital in rural and tribal areas of the United States. 
Of the $25 million, $4 million is being made available under this NOFA.
    (2) The funds available under this NOFA will be competitively 
awarded to one or more technical assistance providers that will use the 
grant funds to provide capacity-building technical assistance to Indian 
tribes or TDHEs with an obligation approved under the Title VI 
Demonstration Program. The purposes of grants awarded under this NOFA 
are to: (a) strengthen the economic feasibility of projects guaranteed 
under Title VI of NAHASDA; (b) directly enhance the security of 
guaranteed loans; (c) finance affordable housing activities and related 
projects that will provide near-term results; (d) demonstrate economic 
benefits such as homeownership opportunities, increased housing 
availability, housing accessibility and visitability, and job creation 
related to the approved project; and (e) attainment of Indian Housing 
Plan goals and objectives.
    (3) As a technical assistance provider, the organization will:
    (a) Act as a pass-through agent to distribute the grant funds to 
Indian tribes and/or TDHEs that have hired a technical service provider 
to oversee the successful completion of their Title VI project; and/or;
    (b) Act as a technical service provider to Indian tribes and/or 
TDHEs that request the organization's services in overseeing the 
successful implementation of their Title VI project, and/or;
    (c) Act as a pass-through agent to distribute the grant funds to 
Indian tribes and/or TDHEs for eligible costs directly related to the 
approved Title VI project (but which are not specifically covered in 
NAHASDA) or other related activities as deemed appropriate by HUD. 
Examples of eligible costs include, but are not limited to: types of 
creative financing such as payment of private financial guaranty 
insurance policies, letters of credit or other forms of credit 
enhancement for obligations to be guaranteed, the payment of interest

[[Page 39687]]

due and costs such as underwriting and note servicing.

(D) Definitions

    Capacity-building is the transferring of skills and knowledge in 
planning, developing and administering activities funded under this 
NOFA. For purposes of this NOFA, capacity-building may include 
provision of loans and grants as well as training and technical 
assistance activities.
    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 provide a minimum 2 feet, 10 inches 
clear opening. 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.

(E) Amounts Allocated

    This NOFA makes available a total of $4 million in FY 1998 funding 
on a competitive basis.

(F) Eligible Applicants

    (1) Eligible applicants are private organizations (for profit and 
nonprofit) with experience in providing technical assistance and 
capacity-building skills in planning and developing affordable housing. 
Applicants must also have experience in assisting Indian tribes, TDHEs, 
and/or other entities having similar physical, social, or economic 
conditions to those that exist in Indian country.
    (2) A technical assistance provider awarded a grant under this NOFA 
must demonstrate experience in providing technical assistance in 
housing development to Indian tribes, TDHEs, or other entities facing 
similar economic and social conditions to those that exist in Indian 
country.

(G) Eligible Activities

    (1) Funding under this NOFA will be used to enhance and strengthen 
an approved Title VI demonstration project. All applicants must meet 
and comply with the requirements of this NOFA and the Title VI 
Demonstration Program (see notice published elsewhere in today's 
Federal Register). HUD desires to see the funds used to finance 
affordable housing activities and projects that will provide near-term 
results and demonstrate economic benefits (such as homeownership 
opportunities, increased availability of affordable/accessible housing, 
job creation and attainment of Indian Housing Plan goals and 
objectives). Eligible activities include:
    (a) Providing technical assistance which will enhance the 
completion of the Title VI demonstration project, including:
    (i) Planning, training and pre-development assistance to tribes/
TDHEs to expand their scope of expertise, to implement larger-scale and 
model Title VI projects;
    (ii) Self-help assistance, including skill in fiscal management 
related to the Title VI demonstration project;
    (iii) Dissemination of capacity-building information and citizen 
participation activities (including information on Title VI loans); and
    (iv) Coordination of existing resources to maximize housing or 
economic opportunities funded under the provisions of this NOFA and/or 
the Title VI Demonstration Program.
    (b) Providing loss mitigation techniques.
    (c) Providing related activities (public improvements, economic 
development, public services, and administrative costs) that directly 
support the housing activities listed in the Title VI Demonstration 
Program. The provision of these activities may not constitute more than 
twenty-five percent (25%) of the recipient's budget in the aggregate, 
and must clearly support and serve the Native American community served 
by the housing activities. Such activities include, but are not limited 
to:
    (i) Construction of publicly- or privately-owned utilities needed 
to serve the housing site(s) for which the Title VI demonstration 
project was funded;
    (ii) Provision of supportive housing services that are directly 
supportive of the housing activities proposed in the Title VI 
demonstration project, including but not limited to, legal assistance, 
housing counseling, classes on purchasing a home, home maintenance and 
repair training, tenant services;
    (iii) Tribal/TDHE costs of administering the funding and carrying 
out of activities related to the Title VI demonstration project (which 
are not specifically permitted by NAHASDA), but at a rate not to exceed 
10% of the Title VI funds provided ; and
    (iv) Provision of financial or technical assistance related to the 
Title VI loan to start or expand businesses, for the purposes of 
creating jobs or providing goods or services for tribal residents 
living in the Indian area.
    (2) In undertaking activities under this NOFA, applicants should 
design construction, rehabilitation or modifications to buildings and 
facilities to be accessible and visitable for persons with disabilities 
and others who may also benefit, such as mothers with strollers or 
persons delivering appliances. In providing technical assistance, 
educational opportunities, and loans, training and informational 
materials related to program activities should be made available in 
appropriate video, audio, or braille formats, if approved by HUD. If 
job opportunities are provided through this program, reasonable efforts 
should be made to employ Native Americans with disabilities in a 
variety of jobs. Employers should make reasonable accommodations for 
employees with disabilities.

II. Program Requirements

    (A) Compliance with Civil Rights Laws. Indian tribes and TDHEs must 
comply with the nondiscrimination requirements of 24 CFR 1000.12. All 
other applicants must comply with the nondiscrimination requirements 
set forth in 24 CFR 5.105(a).
    (B) Economic Opportunities for Low and Very Low-Income Persons 
(Section 3). Recipients of HUD assistance must 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 in 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.
    (C) 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

[[Page 39688]]

assistance is covered by the relocation requirements of the URA and the 
governmentwide regulation. (Note that coverage under the URA does not 
include displacement funded by any Federal loan guarantees.)
    (D) OMB Circulars. The policies, guidances, and requirements of OMB 
Circular No. A-122 (Cost Principles for Nonprofit Organizations) and 24 
CFR part 84 (Grants and Agreements with Institutions of Higher 
Education, Hospitals, and other Non-Profit Organizations) apply to the 
award, acceptance and use of assistance under this NOFA, 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 NOFA. Copies of the OMB Circular 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).
    (E) Program Award Period. Grant Agreements shall be for a period of 
up to 24 months. HUD, however, reserves the right to:
    (1) Terminate grant awards in accordance with the provisions of 24 
CFR part 84 anytime after 12 months.
    (2) Extend the performance period of individual awardees up to a 
total of 12 additional months.
    (F) Delivery of Services System. Technical assistance providers 
shall be required to:
    (1) Provide technical assistance to Indian tribes and/or TDHEs.
    (2) Obtain approval from the National Office of Native American 
Programs (NONAP) of its administrative and operating plans.
    (3) Where necessary, cooperate and coordinate with other technical 
assistance providers to ensure clients are provided with the full range 
of technical services.
    (G) Technical Assistance Plan (TAP). After selection, but prior to 
funding the award, technical assistance providers shall develop a 
Technical Assistance Plan (TAP) to be submitted to the NONAP for review 
and approval. A TAP shall be developed for each Indian tribe/TDHE 
receiving technical assistance (TA), and shall be prepared in 
consultation with the Indian tribe/TDHE and HUD. HUD will complete an 
environmental review where required in accordance with 24 CFR part 50 
prior to approving the TAP. The TAP shall describe the following 
elements:

(1) Management strategy;
(2) Work plans;
(3) Establishment of priorities;
(4) Location of activities;
(5) Anticipated improved performance;
(6) Methods for measuring programmatic success;
(7) Tasks and sub-tasks for each program;
(8) Implementation schedule;
(9) Budgetary needs to accomplish tasks;
(10) Staffing plan; and
(11) Administrative budget.

    (H) Negotiations. Technical service providers shall participate in 
negotiations with grant applicants and Title VI demonstration program 
participants.
    (I) Financial Management and Audit Information. A grant recipient 
under this NOFA must provide a certification by an independent public 
accountant stating that the financial management system employed by the 
applicant meets the standards for fund control and accountability 
required by 24 CFR part 84, as applicable. The certification must 
provide the name, telephone number, and address of the independent 
public accountant.
    (J) Training Sessions. Recipients may provide training sessions for 
Indian tribes/TDHEs where appropriate.
    (K) Pass-Through Grants. Recipients must establish written criteria 
regarding pass-through procedures. HUD must approve this written 
criteria.
    (L) Environmental Review. HUD's notification of award to a selected 
applicant will constitute a preliminary approval by HUD subject to 
approval of the Technical Assistance Plan and a HUD environmental 
review, where required. Selection for participation (preliminary 
approval) does not constitute approval of proposed sites for 
activities. Each preliminarily-selected applicant must assist HUD in 
complying with environmental review procedures, conducted by HUD where 
required in accordance with 24 CFR part 50. An applicant may not 
acquire, rehabilitate, convert, lease, repair or construct property, or 
commit HUD or local funds to these activities, until written approval 
is received from HUD. The results of the environmental review may 
require that proposed activities be modified or proposed sites 
rejected.
    (M) Flood Insurance. In accordance with the Flood Disaster 
Protection Act of 1973 (42 U.S.C. 4001-4128), HUD will not approve 
applications for grants providing financial assistance for acquisition 
or construction (including rehabilitation) of properties located in an 
area identified by the Federal Emergency Management Agency (FEMA) as 
having special flood hazards, unless:
    (1) The community in which the area is situated is participating in 
the National Flood Insurance Program (see 44 CFR parts 59 through 79), 
or less than one year has passed since FEMA notification regarding such 
hazards; and
    (2) Where the community is participating in the National Flood 
Insurance Program, flood insurance is obtained as a condition of 
approval of the application.
    (N) Coastal Barrier Resources Act. In accordance with the Coastal 
Barrier Resources Act (16 U.S.C. 3501), HUD will not approve grant 
applications for properties in the Coastal Barrier Resources System.

III. Application Selection Process

    (A) Rating and Ranking. (1) General. All applicants for funding 
under this NOFA will be evaluated against the criteria described below. 
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 and sub-
recipients. If no applicants address the selection criteria described 
below, HUD will issue a revised NOFA requesting new applications for 
Title VI Demonstration Program capacity building grants.
    (2) Threshold. If an applicant (a) has been charged with a 
violation of the Fair Housing Act by the Secretary; (b) is the 
defendant in a Fair Housing Act lawsuit filed by the Department of 
Justice; (c) has received a letter of noncompliance findings under 
Title VI of the Civil Rights Act or Section 504 of the Rehabilitation 
Act; or (d) has been debarred, the applicant is not eligible to apply 
for funding under this NOFA until the applicant resolves such charge, 
lawsuit, letter of findings, or debarment to the satisfaction of the 
Department.
    (3) After a determination of completion, the applications will be 
reviewed, rated and ranked, and notification of award of grant funds 
sent to the applicant. HUD will then fund the highest rated application 
from within the jurisdiction of each Area Office of Native American 
Programs in rank order. If any funds remain, HUD will then fund all of 
the remaining applications in rank order, regardless of which Area ONAP 
they are from. HUD reserves the right not to make awards under this 
NOFA.
    (4) Adjustment of Grant Awards. If HUD determines that an 
application rated, ranked and fundable could be funded at a lesser 
grant amount than requested, consistent with the feasibility of the 
funded project or activities and the purposes of this NOFA, HUD 
reserves the right to reduce the amount of the grant award.

[[Page 39689]]

    (B) Factors for award. (1) Each rating factor and the maximum 
number of points is reflected below. The maximum number of points to be 
awarded is 100. Once scores are assigned, all applications will be 
ranked in order of points assigned, with the applications receiving 
more points ranking above those receiving fewer points.
    (2) A rating plan shall establish a value to each criteria below.
    Rating Factor 1: Capacity of the Applicant and Relevant 
Organizational Experience and Staff (40 points). This factor addresses 
the applicant's organizational and prior experience with Indian tribes, 
TDHEs, or other entities facing similar economic and social conditions 
in (a) administering similar types of funding; (b) the demonstrated 
capacity to carry out the proposed activities; and (c) previous 
experience in administering and/or overseeing loan or obligation 
programs by HUD or other Federal agencies, or the private sector. The 
rating of the applicant or the applicant's organization and staff for 
technical merit will include any faculty, subcontractors, consultants, 
subrecipients, and members of consortia which are firmly committed 
(i.e., has a written agreement or a signed letter of understanding with 
the applicant agreeing in principle to its participation and role in 
the project). HUD will also consider past performance in carrying out 
HUD-funded or other projects similar in size and scope to the project 
proposed.
    Rating Factor 2: Soundness of Approach (40 points). This factor 
addresses the appropriateness and effectiveness of the proposed 
activities in substantially addressing eligible activities within the 
content of the objectives of this NOFA and the Title VI Demonstration 
Program notice, including any pass-through funds. The factor also 
addresses the workplan, management strategy, budget, and staffing 
proposed to conduct the work. In evaluating this factor, HUD will 
consider:
    (a) The relationship of the proposed activities (including proposed 
pass-through funding activities) in developing or implementing 
affordable housing projects in the Indian areas;
    (b) The extent to which the applicant can demonstrate that the 
technical assistance will improve the ability of the Indian tribe or 
TDHE to complete the project on a timely basis;
    (c) The extent to which the proposed activities bring additional 
financial or other resources to Indian areas;
    (d) The extent to which the proposed activities increase economic 
opportunities, as defined in this NOFA, to residents of Indian areas;
    (e) The extent to which the proposed activities provide increased 
housing and economic opportunities for persons with disabilities;
    (f) The applicant's workplan for conducting the proposed 
activities;
    (g) The applicant's management strategy for conducting the proposed 
activities;
    (h) The applicant's budget for conducting the proposed activities; 
and
    (i) The applicant's staffing for conducting the proposed 
activities.
    Rating Factor 3: Promoting Partnerships (10 points). This factor 
addresses the extent to which the applicant can demonstrate past 
experience in financing housing and economic development projects that 
include partnership arrangements. In evaluating this factor, HUD will 
award a greater number of rating points to those applicants that 
conducted projects in areas with similar economic, social, and physical 
conditions as those that exist in Indian areas. The applicant's past 
experience will be evaluated based on the following criteria:
    (a) The number of partners for each project;
    (b) The financial layering;
    (c) The total dollar value of each project; and
    (d) The number of completed housing and economic development 
projects that involved partnership arrangements.
    Rating Factor 4: Coordination (10 Points). This factor addresses 
the extent to which the applicant proposes to coordinate the delivery 
of services with other entities providing assistance in Indian areas. 
In evaluating this factor, HUD will consider the extent to which the 
applicant will:
    (a) Coordinate its proposed activities with other entities working 
in the Indian areas being served by the applicant;
    (2) Take specific steps to share information with other entities 
serving Indian areas on the successful implementation of Title VI 
projects; and
    (3) Take specific steps to develop linkages with other activities, 
programs, or projects (on-going or proposed) in Indian areas through 
meetings, information networks, planning processes, or other mechanisms 
to coordinate its activities so solutions are holistic and 
comprehensive.

IV. Application Submission Requirements

    The application must include an original and one copy of the items 
listed below, and must be signed by an authorized official:
    (A) Form SF-424, Application for Federal Assistance.
    (B) Transmittal letter which identifies the amount of funds 
requested and the applicant and partners (if any).
    (C) Table of Contents (please number pages of the submission and 
list them accordingly in the Table of Contents).
    (D) Narrative statement and supporting documentation addressing the 
Factors for Award described in Section III of this NOFA. The narrative 
response should be numbered in accordance with each factor for award. 
This narrative statement will be the basis for evaluating the 
application. The suggested approach described in the responses to 
Rating Factor 2 will be the starting point for negotiating the grant 
agreement and the individual TAP required for each Indian tribe/TDHE 
receiving assistance.
    (E) A statement as to whether the applicant proposes to use pass-
through funds for activities under the proposed program, and, if so, 
the amount and proposed uses of such funds.
    (F) Budget identifying costs for implementing the plan of suggested 
TA activities by cost category (in accordance with the following):
    (1) Direct Labor by position or individual, indicating the 
estimated hours per position, the rate per hour, estimated cost per 
staff position and the total estimated direct labor costs;
    (2) Fringe Benefits by staff position identifying the rate, the 
salary base the rate was computed on, estimated cost per position, and 
the total estimated fringe benefit cost;
    (3) Material Costs indicating the item, quantity, unit cost per 
item, estimated cost per item, and the total estimated material costs;
    (4) Transportation Costs, as applicable.
    (5) Equipment charges, if any. Equipment charges should identify 
the type of equipment, quantity, unit costs and total estimated 
equipment costs;
    (6) Consultant Costs, if applicable. Indicate the type, estimated 
number of consultant days, rate per day, total estimated consultant 
costs per consultant and total estimated costs for all consultants;
    (7) Subcontract Costs, if applicable. Indicate each individual 
subcontract and amount;
    (8) Other Direct Costs listed by item, quantity, unit cost, total 
for each item listed, and total other direct costs for the award;
    (9) Indirect Costs should identify the type, approved indirect cost 
rate, base to which the rate applies and total indirect costs.

[[Page 39690]]

    These line items should total the amount requested for the TA 
program. The grand total of all TA program funds requested should 
reflect the grand total of all funds for which application is made.
    (G) Certifications of Compliance with the following:
    (1) Section 3 of the Housing and Urban Development Act of 1968;
    (2) 24 CFR part 87 (New Restrictions on Lobbying). Applicants must 
file the certification regarding appropriated funds, and if 
nonappropriated funds have been spent on lobbying, the SF-LLL;
    (3) Applicant/Recipient Disclosure/Update Report (this is form 
2880).
    (4) Fair Housing Act, Title VI of the Civil Rights Act of 1964 or 
the Indian Civil Rights Act as applicable, Section 504 of the 
Rehabilitation Act of 1973, and the Age Discrimination Act of 1975.

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 7 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.

VI. Findings and Certifications

    (A) Paperwork Reduction Act Statement. The information collection 
requirements contained in this NOFA have been submitted to the Office 
of Management and Budget in accordance with the Paperwork Reduction Act 
of 1995 (44 U.S.C. 3501-3520). The OMB approval number, once assigned, 
will be published in the Federal Register. 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.
    (B) Environmental Impact. A Finding of No Significant Impact with 
respect to the environment has been made in accordance with HUD 
regulations at 24 CFR part 50, implementing section 102(2)(C) of the 
National Environmental Policy Act of 1969 (42 U.S.C. 4332). The Finding 
of No Significant Impact is available for public inspection during 
business hours in the Office of the Rules Docket Clerk, Room 10276, 
Department of Housing and Urban Development, 451 Seventh Street, SW, 
Washington, DC 20410-0500.
    (C) 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 NOFA 
will not have substantial direct effects on States or their political 
subdivisions, or the relationship between the Federal Government and 
the States, or on the distribution of power and responsibilities among 
the various levels of government. As a result, the notice is not 
subject to review under the Order. This notice is a funding notice and 
does not substantially alter the established roles of HUD, the States, 
and local governments.
    (D) Prohibition Against Lobbying Activities. Applicants for funding 
under this NOFA 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) and to the 
provisions of the Lobbying Disclosure Act of 1995 (Pub. L. 104-65; 
approved December 19, 1995).
    The Byrd Amendment, which is implemented in regulations at 24 CFR 
part 87, prohibits applicants for Federal contracts and grants from 
using appropriated funds to attempt to influence Federal executive or 
legislative officers or employees in connection with obtaining such 
assistance, or with its extension, continuation, renewal, amendment, or 
modification. The Byrd Amendment applies to the funds that are the 
subject of this NOFA. Therefore, applicants must file a certification 
stating that they have not made and will not make any prohibited 
payments and, if any payments or agreement to make payments of 
nonappropriated funds for these purposes have been made, a form SF-LLL 
disclosing such payments must be submitted.
    Housing entities 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 housing entities established under State law 
are not excluded from the statute's coverage.
    (E) Section 102 of the HUD Reform Act; Documentation and Public 
Access Requirements. Section 102 of the Department of Housing and Urban 
Development Reform Act of 1989 (HUD Reform Act) and the regulations 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. HUD will 
comply with the documentation, public access, and disclosure 
requirements of section 102 with regard to the assistance awarded under 
this NOFA, as follows:
    (1) Documentation and public access requirements. HUD will ensure 
that documentation and other information regarding each application 
submitted pursuant to this NOFA are sufficient to indicate the basis 
upon which assistance was provided or denied. This material, including 
any letters of support, will be made available for public inspection 
for a 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 at 24 CFR part 15. In addition, HUD will include the 
recipients of assistance pursuant to this NOFA in its Federal Register 
notice of all recipients of HUD assistance awarded on a competitive 
basis.
    (2) Disclosures. HUD will make available to the public for 5 years 
all applicant disclosure reports (HUD Form 2880) submitted in 
connection with this NOFA. Update reports (also Form 2880) will be made 
available along with the applicant disclosure reports, but in no case 
for a period less than 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 15.
    (F) Section 103--HUD Reform Act. HUD will comply with section 103 
of the Department of Housing and Urban Development Reform Act of 1989 
and HUD's implementing regulations in subpart B of 24 CFR part 4 with 
regard to the funding competition announced today. These requirements 
continue to apply until the announcement of the selection of successful 
applicants. HUD employees involved in the review of

[[Page 39691]]

applications and in the making of funding decisions are limited by 
section 103 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 section 103 and 
subpart B of 24 CFR part 4.
    Applicants or employees who have ethics related questions should 
contact the HUD Office of Ethics (202) 708-3815. (This is not a toll-
free number.)

    Dated: July 20, 1998.
Deborah Vincent,
General Deputy Assistant Secretary for Public and Indian Housing.
[FR Doc. 98-19676 Filed 7-20-98; 2:24 pm]
BILLING CODE 4210-33-P