[Federal Register Volume 64, Number 46 (Wednesday, March 10, 1999)]
[Notices]
[Pages 12028-12037]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-5860]



[[Page 12027]]

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Part III





Department of Housing and Urban Development





_______________________________________________________________________



Notice of Funding Availability; Economic Development and Supportive 
Services Carryover Funding Competition; Notice

  Federal Register / Vol. 64, No. 46 / Wednesday, March 10, 1999 / 
Notices  

[[Page 12028]]



DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

[Docket No. FR-4453-N-01]


Notice of Funding Availability; Economic Development and 
Supportive Services Carryover Funding Competition

AGENCY: Office of Public and Indian Housing, HUD.

ACTION: Notice of Funding Availability (NOFA).

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SUMMARY: Purpose of the Program. The purpose of the Economic 
Development and Supportive Services (EDSS) program is to provide grants 
to public housing agencies (PHAs), and Tribes or tribally designated 
housing entities (TDHEs) to enable them to establish and implement 
programs that increase resident self-sufficiency, and support continued 
independent living for elderly or disabled residents.
    Available Funds. Approximately $23.5 million in carryover funding 
is being made available for the EDSS program under this NOFA.
    Eligible Applicants. PHAs, and Tribes or TDHEs that have not 
received a previous EDSS grant are eligible recipients under this NOFA.
    Application Deadline. Completed applications (one original and two 
copies) must be submitted, no later than 12:00 midnight local time on 
April 26, 1999 for this Program;
    Match. All grants require a match of at least 25% of the grant 
amount. This match does not have to be a cash match. It can be in-kind 
and/or cash contributions. (See section IV. (A)(3) for more detailed 
requirements.)
ADDITIONAL INFORMATION: If you are interested in applying for funding 
under this program, please review carefully the following information:

I. Application Due Date, Application Kits, and Technical Assistance

    Application Due Date: Completed applications (one original and two 
copies) must be submitted, no later than 12:00 midnight local time on 
April 26, 1999 for this Program;
    Address for Submitting Applications: An original and two copies of 
the application must be received by the application due date at the 
local Field Office with delegated public housing responsibilities, 
attention: Director, Office of Public Housing or, in the case of Tribes 
or TDHEs, to the Administrator, Area Office of Native American Programs 
(AONAP), as appropriate. A list of HUD Field Office addresses is 
available as part of the application kit.
    Mailed Applications: Applications will be considered timely if 
postmarked on or before 12:00 midnight on the application due date and 
received by the local HUD Field Office or AONAP.
    Applications Sent by Overnight/Express Mail Delivery: Applications 
sent by overnight delivery or express mail will be considered timely 
filed if received on or before the application due date, or upon 
submission of documentary evidence that they had been placed in transit 
with the overnight delivery service by no later than the specified 
application due date.
    Hand Carried Applications: Hand carried applications to Local HUD 
Field Offices or AONAPs will be accepted during normal business hours 
on or before the application due date.

For Application Kits, Further Information and Technical Assistance

    For Application Kits. For an application kit and any supplemental 
information please call the Public and Indian Housing Information and 
Resource Center at 1-800-955-2232. Persons with hearing or speech 
impairments may call the Center's TTY number at 1-800-HUD-2209. When 
requesting an application kit, please refer to EDSS and provide your 
name, address (including zip code), and telephone number (including 
area code). The application kit also will be available on the Internet 
through the HUD web site at http://www.hud.gov.
    For Further Information and Technical Assistance. For answers to 
your questions, you have several options. You may call the local HUD 
field office with delegated responsibilities over the pertinent housing 
agency/authority, or in the case of a Tribe or a TDHE applying for EDSS 
grants, the AONAP with jurisdiction over the Tribe/TDHE. Answers may 
also be obtained by calling the Public and Indian Housing Information 
and Resource Center at 1-800-955-2232. Persons with hearing or speech 
impairments may access this number via TTY (text telephone) by calling 
the Federal Information Relay Service at 1-800-877-8339 (this is a toll 
free number). Information on this NOFA may also be obtained through the 
HUD web site on the Internet at http://www.hud.gov.

II. Amount Allocated

    (A) Total Amount. Approximately $23.5 million in funding is being 
made available under this NOFA for eligible PHAs, Tribes and TDHEs. 
This amount is comprised of $6,727,034 from the Departments of Veterans 
Affairs and Housing and Urban Development, and Independent Agencies 
Appropriations Act, 1997, (Pub. L. 104-204, 110 Stat. 2874, approved 
September 26, 1996), and $16,772,966 from the Departments of Veterans 
Affairs and Housing and Urban Development and Independent Agencies 
Appropriations Act, 1998 (Pub. L. 105-65, 111 Stat. 1344, approved 
October 27, 1997). To the extent that there are a sufficient number of 
qualified applications from Tribes/TDHEs, HUD is setting aside up to 
$1.4 million to fund applications from Tribes/TDHEs. The remaining 
funds will be awarded to eligible applications from PHAs in accordance 
with the requirements set forth in this NOFA.
    (B) Allocation By Grant Category. Both the amount for Tribes/TDHEs 
and PHAs will be allocated as follows: 60% will be allocated to Family 
Economic Development and Supportive Services (EDSS) category grants; 
and the remaining 40% will be allocated to Elderly and Disabled 
Supportive Services (SS) category grants.
    (C) Maximum Grant Awards. The maximum grant awards are limited as 
follows:
    (1) For the Family EDSS category, no more than $250 per occupied 
unit up to the below listed maximums:
    (a) For PHAs, Tribes/TDHEs with 1 to 780 occupied units, the 
maximum grant award is $150,000.
    (b) For PHAs, Tribes/TDHEs with 781 to 7,300 occupied units, the 
maximum grant award is $500,000.
    (c) For PHAs, Tribes/TDHEs with 7,301 or more occupied units, the 
maximum grant award is $1,000,000.
    (2) For Elderly and Disabled SS category, no more than $250 per 
occupied unit up to the below listed maximums:
    (a) For PHAs, Tribes/TDHEs with 1 to 217 units occupied by elderly 
residents or persons with disabilities, the maximum grant award is 
$54,250.
    (b) For PHAs, Tribes/TDHEs with 218 to 1,155 units occupied by 
elderly residents or persons with disabilities, the maximum grant award 
is $200,000.
    (c) For PHAs, Tribes/TDHEs with 1,156 or more units occupied by 
elderly residents or persons with disabilities, the maximum grant award 
is $300,000.
    (D) Units Counted. Tribes/TDHEs should use the number of units 
counted as Formula Current Assisted Stock for Fiscal Year 1998 as 
defined in 24 CFR 1000.316. Tribes who have not previously received 
funds from the Department under the 1937 Act should count housing units 
under management that are owned and operated by the tribe and are 
identified in their housing inventory as of September 30, 1997.

[[Page 12029]]

    (E) Limitation on Multiple Applications. A PHA, Tribe/TDHE may 
submit one application under the Family EDSS grant category and/or one 
application under the Elderly and Disabled SS grant category. The 
maximum number of applications that a HA may submit is two. If an 
applicant is applying for both funding categories, then it must submit 
two separate applications in which the total amount requested must not 
exceed the maximum grant amount available for its size under the Family 
EDSS category.

III. Program Description; Eligible Applicants; Eligible Activities

    (A) Program Description. The Economic Development and Supportive 
Services program is designed to provide PHAs, Tribes, or TDHEs with a 
range of resources that broaden the number of opportunities for 
families to overcome barriers to economic self-sufficiency, 
particularly those affected by welfare reform. EDSS funding also 
provides resources that address the needs of elderly or disabled 
persons so that they can continue independent living without 
institutionalization.
    EDSS represents a major HUD initiative to improve the targeting and 
management of available resources for resident self-sufficiency. The 
goal is to most effectively focus these resources on ``welfare to 
work'' and on independent living for the elderly or persons with 
disabilities. HUD believes that it is imperative that housing 
authorities and residents work together to meet the challenge of 
welfare reform. Therefore, HUD is interested in innovative approaches 
that demonstrate collaboration with other resource providers at the 
local, State and Federal levels.
    Applicants should take care in reviewing section III. of this NOFA 
to ensure they are eligible to apply for funds and that they meet the 
program requirements and limitations described for this program.
    (B) Eligible Applicants. PHAs, Tribes or their TDHEs that have not 
received a previous EDSS grant are eligible applicants.
    (C) Eligible Activities. EDSS Program funds may be used for the 
activities described below in this section. At least 75 percent of the 
persons participating and receiving benefits from these activities must 
be residents of conventional Public Housing, or HUD-assisted Indian 
Housing. Any other persons (up to 25 percent per grantee) participating 
or receiving benefits from these programs must be recipients of Section 
8 assistance.
    (1) Economic Development Activities. These are activities essential 
to facilitate economic uplift and provide access to the skills and 
resources needed for self-development and business development. 
Economic development activities may include:
    (a) Entrepreneurship Training--which may include literacy training, 
computer skills training, and business development planning.
    (b) Entrepreneurship Development--which may include developing an 
entrepreneurship training curriculum and entrepreneurship courses.
    (c) Micro/Loan Fund Development. Developing a strategy for 
establishing a revolving micro/loan fund and/or capitalizing a loan 
fund for economic development costs including licensing, bonding, and 
insurance needed to operate a business.
    (d) Developing credit unions. Developing a strategy to establish 
on-site credit union(s) to provide financial and economic development 
initiatives to PHA/Tribal/TDHE residents. (EDSS grant funds cannot be 
used to capitalize a credit union.) The credit union could support the 
normal financial management needs of the community (i.e., check 
cashing, savings, consumer loans, micro-businesses and other revolving 
loans).
    (e) Employment training and counseling--including job training 
(such as Step-Up programs), preparation and counseling, job search 
assistance, job development and placement, and continued follow-up 
assistance.
    (f) Employer linkage and job placement.
    (2) Supportive Services Activities. These activities consist of the 
provision of services to assist eligible residents to become 
economically self-sufficient, particularly families with children where 
the head of household would benefit from the receipt of supportive 
services and is working, seeking work, or is preparing for work by 
participating in job-training or educational programs. Supportive 
services may include:
    (a) Child care, of a type that provides sufficient hours of 
operation and serves appropriate ages as needed to facilitate parental 
access to education and job opportunities.
    (b) Computer based educational opportunities and skills training.
    (c) Homeownership training and counseling, development of 
feasibility studies and preparation of homeownership plans/proposals.
    (d) Educational services and assistance, including but not limited 
to: remedial education; computer skills training; career counseling; 
literacy training; assistance in the attainment of certificates of high 
school equivalency; two-year college tuition assistance; trade school 
assistance; youth leadership skills training and related activities, 
which may include training in peer leadership roles for youth 
counselors, peer pressure reversal, life skills, and goal planning).
    (e) Youth mentoring of a type that mobilizes a potential pool of 
role models to serve as mentors to public or Indian housing youth. 
Mentor activities may include after-school tutoring, help with problem 
resolution issues, illegal drugs avoidance, job counseling, or mental 
health counseling.
    (f) Transportation costs, as necessary to enable any participating 
family member to commute to his or her training or supportive services 
activities or place of employment.
    (g) Personal well being (e.g., family/parental development 
counseling, parenting skills training for adult and teenage parents, 
and self-development counseling).
    (h) Supportive health care services (e.g., outreach and referral 
services to mental health or substance and alcohol abuse treatment and 
counseling).
    (i) Contracting for case management services contracts or 
employment of case managers, either of which must ensure 
confidentiality about resident's disabilities.
    (3) Elderly and Disabled Supportive Services Activities. Supportive 
Services for the elderly or for persons with disabilities include:
    (a) Meal service adequate to meet nutritional need;
    (b) Assistance with daily activities;
    (c) Housekeeping aid;
    (d) Transportation services;
    (e) Wellness programs, preventive health education, referral to 
community resources;
    (f) Personal emergency response; and
    (g) Congregate services--includes supportive services that are 
provided in a congregate setting at a conventional HA development.
    (4) Employment of or Contracting for Service Coordinators. For the 
purposes of this NOFA, a service coordinator is any person who is 
responsible for one or more of the following functions:
    (a) Under Family EDSS category grants, assessing the training and 
supportive service needs of eligible residents;
    (b) Working with community service providers to coordinate the 
provision of services and to tailor services to the needs and 
characteristics of eligible residents;
    (c) Establishing a system to monitor and evaluate the delivery, 
impact, effectiveness and outcomes of supportive services under this 
program;

[[Page 12030]]

    (d) Coordinating this program with other independent living or 
self-sufficiency, education and employment programs;
    (e) Performing duties and functions that are appropriate to assist 
eligible public and Indian housing residents to become economically 
self-sufficient;
    (f) Performing duties and functions to assist residents to remain 
independent, and to prevent unnecessary institutionalization;
    (g) Mobilizing national and local public/private resources and 
partnerships; and
    (h) Providing any other services and resources, appropriate to 
assist eligible residents, that are proposed by the applicant, approved 
by HUD, and authorized by the 1998 Appropriations Act.
    (D) Ineligible Activities. The following activities are ineligible 
for funding under the EDSS Program:
    (1) Payment of wages or salaries to participants receiving 
supportive services or training programs, except that grant funds may 
be used to hire a resident(s) to coordinate training program 
activities.
    (2) Purchase or rental of land or buildings or any improvements to 
land or buildings.
    (3) Building material and construction costs.
    (4) The hiring of service coordinators for the same housing 
development under the Elderly and Disabled SS category in this NOFA if 
the applicant received a Service Coordinators Program grant under the 
FY 1998 NOFA.
    (5) The purchase of vehicles.

IV. Program Requirements

    (A) Adhere to the Grant Agreement. After an application has been 
approved, HUD and the applicant shall enter into a grant agreement 
(Form HUD-1044 and attachments) incorporating the entire application 
except as modified by HUD and setting forth the amount of the grant and 
its applicable terms, conditions, financial controls, payment mechanism 
(which except under extraordinary conditions will operate under HUD's 
Line of Credit Control System (LOCCS) and special conditions, including 
requiring adherence to the appropriate OMB circulars and other 
government wide requirements and specifying sanctions for violation of 
the agreement. The grant agreement will include additional information 
regarding Insurance/Indemnification, Freedom of Information Act, grant 
staff personnel, exclusion period, earnings and benefits, reports, 
closeouts, and treatment of income.
    (B) Internet Access. Prior to the initial draw down, all EDSS 
grantees shall have secured on-line access to the internet as a means 
to communicate with HUD on grant matters and EDSS grantees shall have 
provided 75% of the required MTCS data to HUD. Tribes and TDHEs are 
exempt from MTCS reporting.
    (C) Risk Management. Grantees and subgrantees are required to 
implement, administer and monitor programs so as to minimize the risk 
of fraud, waste, abuse, and liability for losses from adversarial legal 
action.
    (D) Administrative Costs. Administrative costs must not exceed 15% 
of the grant amount.
    (E) Stipends. No more than $200 per participant per month of the 
grant award may be used for stipends for active trainees and EDSS 
program participants to cover the reasonable costs related to 
participation in training and other EDSS activities.
    (F) Grant Term. The grantee must complete its grant activities 
within two years of the execution of the grant agreement.
    (G) Definitions. The following definitions apply for this NOFA:
    Community Facility means a non-dwelling structure that provides 
space for multiple supportive services for the benefit of public and 
Indian housing residents (as well as others eligible for the services 
provided) that may include but are not limited to:
    (1) Child care;
    (2) After-school activities for youth;
    (3) Job training;
    (4) Campus of Learner activities; and
    (5) English as a Second Language (ESL) classes.
    Contract Administrator means an overall administrator and/or a 
financial management agent that oversees the financial aspects of a 
grant and assists in the entire implementation of the grant. Examples 
of qualified organizations that can serve as a Contract Administrator 
are:
    (1) Local housing authorities; and
    (2) Community based organizations such as Community Development 
Corporations (CDCs), community churches, and State/Regional 
Associations/Organizations.
    Development has the same meaning as the term ``Project'' below.
    Firmly Committed means there must be a signed, written agreement to 
provide the resources. This written agreement may be contingent upon an 
applicant receiving an award.
    Elderly person means a person who is at least 62 years of age.
    Person with disabilities means an adult person who:
    (1) Has a condition defined as a disability in section 223 of the 
Social Security Act;
    (2) Has a developmental disability as defined in section 102 of the 
Developmental Disabilities Assistance Bill of Rights Act. Such a term 
shall not exclude persons who have the disease of acquired 
immunodeficiency syndrome (AIDS) or any conditions arising from the 
etiologic agent for acquired immunodeficiency syndrome; or
    (3) Is determined, pursuant to regulations issued by the Secretary, 
to have a physical, mental, or emotional impairment which:
    (i) Is expected to be of long-continued and indefinite duration;
    (ii) Substantially impedes his or her ability to live 
independently; and
    (iii) Is of such a nature that such ability could be improved by 
more suitable housing conditions.
    (4) The definition provided above for persons with disabilities is 
the proper definition for determining program qualifications. However, 
the definition of a person with disabilities contained in section 504 
of the Rehabilitation Act of 1973 and its implementing regulations must 
be used for purposes of the requirements of Fair Housing laws, 
including providing reasonable accommodations.
    Project is the same as ``low-income housing project'' as defined in 
section 3(b)(1) of the United States Housing Act of 1937 (42 U.S.C. 
1437 et seq.) (1937 Act).
    (H) Statutory Requirements. To be eligible for funding under this 
NOFA, you, the applicant, must meet all applicable statutory and 
regulatory requirements. If you need copies of regulations, they are 
available 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 in the application are not eligible 
activities and projects, or HUD may eliminate the ineligible activities 
from funding consideration and reduce the grant amount accordingly.
    (I) Threshold Requirements--Compliance with Fair Housing and Civil 
Rights Laws. With the exception of Federally recognized Indian tribes, 
all applicants and their subrecipients must comply with all Fair 
Housing and civil rights laws, statutes, regulations and executive 
orders as enumerated in 24 CFR 5.105(a). If you are a Federally 
recognized Indian tribe, you must comply with the Age Discrimination 
Act of 1975, section 504 of the Rehabilitation Act of 1973, and the 
Indian Civil Rights Act.

[[Page 12031]]

    If you, the applicant: (a) have been charged with a systemic 
violation of the Fair Housing Act by the Secretary alleging ongoing 
discrimination; (b) are the defendant in a Fair Housing Act lawsuit 
filed by the Department of Justice alleging an ongoing pattern or 
practice of discrimination; or (c) have received a letter of 
noncompliance findings under Title VI of the Civil Rights Act of 1964, 
section 504 of the Rehabilitation Act of 1973, or section 109 of the 
Housing and Community Development Act of 1974, your application will 
not be evaluated under this NOFA if, prior to the application deadline, 
the charge, lawsuit, or letter of findings has not been resolved to the 
satisfaction of the Department. HUD's decision regarding whether a 
charge, lawsuit, or a letter of findings has been satisfactorily 
resolved will be based upon whether appropriate actions have been taken 
necessary to address allegations of ongoing discrimination in the 
policies or practices involved in the charge, lawsuit, or letter of 
findings.
    (J) Additional Nondiscrimination Requirements. You, the applicant, 
must comply with the Americans with Disabilities Act, and Title IX of 
the Education Amendments Act of 1972.
    (K) Affirmatively Furthering Fair Housing. If you are a successful 
applicant, you will have a duty to affirmatively further fair housing. 
You, the applicant, should include in your application or work plan the 
specific steps that you 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 Choice;
    (2) Remedy discrimination in housing; or
    (3) Promote fair housing rights and fair housing choice.
    Further, you, the applicant, have a duty to carry out the specific 
activities provided in your responses to the NOFA rating factors that 
address affirmatively furthering fair housing.
    (L) Economic Opportunities for Low and Very Low-Income Persons 
(Section 3). Recipients of HUD assistance in certain programs 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 subpart E. Section 3 requires recipients to 
ensure that, to the greatest extent feasible, training, employment and 
other economic opportunities will 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.
    (M) Relocation. Any person (including individuals, partnerships, 
corporations or associations) who moves from real property or moves 
personal property from real property directly (1) because of a written 
notice to acquire real property in whole or in part, or (2) because of 
the acquisition of the real property, in whole or in part, for a HUD-
assisted activity is covered by Federal relocation statute and 
regulations. Specifically, this type of move is covered by the 
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. The relocation 
requirements of the URA and the governmentwide regulations cover any 
person who moves permanently from real property or moves personal 
property from real property directly because of rehabilitation or 
demolition for an activity undertaken with HUD assistance.
    (N) Forms, Certifications and Assurances. You, the applicant, are 
required to submit signed copies of the standard forms, certifications, 
and assurances, listed in this section, as follows:
    (1) Standard Form for Application for Federal Assistance (SF-424);
    (2) Standard Form for Budget Information--Non-Construction Programs 
(SF-424A);
    (3) Standard Form for Assurances--Non-Construction Programs (SF-
424B);
    (4) Drug-Free Workplace Certification (Form 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.)
    (O) OMB Circulars. Certain OMB circulars also apply to this NOFA. 
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 this program, and to the 
remedies for noncompliance, except when inconsistent with the 
provisions of the FY 1999 HUD Appropriations Act, other Federal 
statutes or the provisions of this NOFA. 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).
    (P) Environmental requirements. In accordance with 24 CFR 
50.19(b)(3),(9), (12) and (14) of the HUD regulations, activities 
assisted under the EDSS program are categorically excluded from the 
requirements of the National Environmental Policy Act and are not 
subject to environmental review under related laws and authorities.
    (Q) Conflicts of Interest. If you are a consultant or expert who is 
assisting HUD in rating and ranking applicants for funding under this 
NOFA, you are subject to 18 U.S.C. 208, the Federal criminal conflict 
of interest statute, and the Standards of Ethical Conduct for Employees 
of the Executive Branch regulation published at 5 CFR part 2635. As a 
result, if you have assisted or plan to assist applicants with 
preparing applications for this NOFA, you may not serve on a selection 
panel and you may not serve as a technical advisor to HUD for this 
NOFA. All individuals involved in rating and ranking this NOFA, 
including experts and

[[Page 12032]]

consultants, must avoid conflicts of interest or the appearance of 
conflicts. Individuals involved in the rating and ranking of 
applications must disclose to HUD's General Counsel or HUD's Ethic Law 
Division the following information if applicable: the selection or non-
selection of any applicant under this NOFA will affect the individual's 
financial interests, as provided in 18 U.S.C. 208; or the application 
process involves a party with whom the individual has a covered 
relationship under 5 CFR 2635.502. The individual must disclose this 
information prior to participating in any matter regarding this NOFA. 
If you have questions regarding these provisions or if you have 
questions concerning a conflict of interest, you may call the Office of 
General Counsel, Ethics Law Division, at 202-708-3815 and ask to speak 
to one of HUD's attorneys in this division.

V. Application Selection Process

    Three types of reviews will be conducted: a screening to determine 
if the application submission is complete and on time; a threshold 
review to determine applicant eligibility; and a technical review to 
rate the application based on the rating factors in section V.(B) of 
this NOFA.
    (A) Additional Threshold Criteria For Funding Consideration. In 
addition to the threshold requirements listed in section IV.(I) of this 
NOFA, under the threshold review, the applicant will be rejected from 
the competition if the applicant is not in compliance with the 
threshold requirements of this NOFA and if the following additional 
standards are not met:
    (1) Focus on Residents Affected by Welfare Reform. The Family EDSS 
application must demonstrate that at least 51% or more of the public or 
Indian housing residents to be included in the proposed program are 
affected by the welfare reform legislation, including Temporary 
Assistance for Needy Families (TANF) recipients, legal immigrants, and 
disabled SSI recipients.
    (2) Accessible Community Facility. The application must provide 
evidence (e.g. through an executed use agreement if the facility is to 
be provided by an entity other than the PHA/Tribe/TDHE) that a majority 
of the proposed activities will be administered at community facilities 
within easy transportation access of the applicant's property. These 
facilities must be within walking distance or accessible by direct (no 
transfers required), convenient, inexpensive and reliable transport. 
The community facilities must also meet the structural accessibility 
requirements of Section 504 of the Rehabilitation Act and the Americans 
With Disabilities Act.
    (3) Match Requirement. (a) The applicant must supplement grant 
funds with an in-kind and/or cash match of not less than 25% of the 
grant amount. This match does not have to be a cash match. The match 
may include: the value of in-kind services, contributions or 
administrative costs provided to the applicant; funds from Federal 
sources (but not EDSS funds); funds from any State, Tribal or local 
government sources; and funds from private contributions.
    (b) The application must demonstrate that the cash or in-kind 
resources and services, which the applicant will use as match amounts 
(including resources from the applicant's Comprehensive Grant, other 
governmental units/agencies of any type, and/or private sources, 
whether for-profit or not-for-profit), are firmly committed and will 
support the proposed grant activities. ``Firmly committed'' means there 
must be a signed, written agreement to provide the resources and 
services. The written agreement may be contingent upon an applicant 
receiving a grant award.
    (c) The following are guidelines for valuing certain types of in-
kind contributions:
    (i) The value of volunteer time and services shall be computed at a 
rate of six dollars per hour except that the value of volunteer time 
and services involving professional and other special skills shall be 
computed on the basis of the usual and customary hourly rate paid for 
the service in the community where the EDSS activity is located.
    (ii) The value of any donated material, equipment, building, or 
lease shall be computed based on the fair market value at time of 
donation. Such value shall be documented by bills of sales, advertised 
prices, appraisals, or other information for comparable property 
similarly situated not more than one-year old taken from the community 
where the item or EDSS activity is located, as appropriate.
    (4) Compliance with Current Programs. The applicant must provide 
certification in the format provided in the application kit that it is 
not in default at the time of application submission with respect to 
grants for the following programs: the Family Investment Center 
Program; the Youth Development Initiative under the Family Investment 
Center Program; the Youth Apprenticeship Program; the Apprenticeship 
Demonstration in the Construction Trades Program; the Urban Youth Corps 
Program; the HOPE 1 Program; the Public Housing Service Coordinator 
Program; the Public Housing Drug Elimination Program; and the Youth 
Sports Program. ``Default'' for purposes of this certification means 
any unresolved findings and/or outstanding recommendations from prior 
HUD reviews or audits undertaken by HUD, HUD-Office of Inspector 
General, the General Accounting Office (GAO) or independent public 
accountants (IPAs).
    (5) PHMAP Score. In the case of a PHA that is designated as 
``troubled'' as a result of its PHMAP score, the PHA must provide 
documentation that a Contract Administrator (or equivalent organization 
that is qualified to administer federal grants, contracts, or 
cooperative agreements as evidence by information submitted in this 
document) will be deployed in the administration of this proposed 
grant. An applicant cannot have a PHMAP score less than a ``C'' for 
Indicator #6, Financial Management, and Indicator #7, Resident 
Initiatives and Community Building, on its most recent PHMAP.
    (B) Factors for Award Used to Evaluate and Rate EDSS Applications. 
The factors for rating and ranking applicants and maximum points for 
each factor are provided below. The maximum number of points for this 
program is 102. This includes two Empowerment Zone/Enterprise Community 
(EZ/EC) bonus points, as described in the General Section of the 
SuperNOFA. An EDSS application must receive a total of 75 points to be 
eligible for funding.

Rating Factor 1: Capacity of the Applicant and Relevant Organizational 
Experience (20 Points)

    This factor addresses the extent to which the applicant has the 
organizational resources necessary to successfully implement the 
proposed activities in a timely manner. In rating this factor HUD will 
consider the extent to which the proposal demonstrates:
    (1) Proposed Program Staffing (7 Points)
    (a) Experience. (4 Points): The knowledge and experience of the 
proposed project director and staff, including the day-to-day program 
manager, sub-recipients and partners in planning and managing programs 
for which funding is being requested. Experience will be judged in 
terms of recent, relevant and successful experience of the applicant's 
staff to undertake eligible program activities.
    (b) Sufficiency. (3 Points): The applicant, its sub-recipients, and 
partners have sufficient personnel or will be able to quickly access 
qualified experts or professionals, to deliver the proposed activities 
in each proposed

[[Page 12033]]

service area in a timely and effective fashion, including the readiness 
and ability of the applicant to immediately begin the proposed work 
program. To demonstrate sufficiency, the applicant must submit the 
proposed number of staff years to be allocated to the project by 
employees and experts, the titles and relevant professional background 
and experience of each employee and expert proposed to be assigned to 
the project, and the roles to be performed by each identified employee 
and expert.
    (2) Program Administration and Fiscal Management (7 Points)
    (a) Program Administration. (4 Points): The soundness of the 
proposed management of the proposed EDSS program. In order to receive a 
high score, an applicant must provide a comprehensive description of 
the project management structure. The narrative must provide a 
description of how any co-applicants, subgrantees and other partner 
agencies relate to the program administrator as well as the lines of 
authority and accountability among all components of the proposed 
program.
    (b) Fiscal Management. (3 Points): The soundness of the applicant's 
proposed fiscal management. In order to receive a high score an 
applicant must provide a comprehensive description of the fiscal 
management structure, including, but not limited to, budgeting, fiscal 
controls and accounting. The application must identify the staff 
responsible for fiscal management, and the processes and timetable for 
implementation during the proposed grant period.
    (3) Applicant/Administrator Track Record (6 Points): Based on the 
applicant's, or if a Contract Administrator is proposed, the 
Administrator's, prior performance in successfully carrying out grant 
programs designed to assist residents in increasing their self-
sufficiency, security or independence. In order to receive a high 
score, the applicant must demonstrate its (or the proposed 
Administrator's) program compliance and successful implementation of 
any resident self-sufficiency, security or independence oriented grants 
(including those listed below) awarded to the applicant or overseen by 
the Administrator. Applicants or Administrators with no prior 
experience in operating programs that foster resident self-sufficiency, 
security or independence will receive a score of 0 on this factor. The 
applicant's past experience may include, but is not limited to, 
administering the following grants: the Family Investment Center 
Program; the Youth Development Initiative under the Family Investment 
Center Program; the Youth Apprenticeship Program; the Apprenticeship 
Demonstration in the Construction Trades Program; the Urban Youth Corps 
Program; the HOPE I Program; the Public Housing Service Coordinator 
Program; the Public Housing Drug Elimination Program; and the Youth 
Sports Program.

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 to address a documented problem 
in the target area. Applicants will be evaluated on the extent to which 
they document a critical level of need in the development or the 
proposed activities in the area where activities will be carried out. 
In responding to this factor, applicants will be evaluated on:
    (1) A Needs Assessment Document (18 Points): HUD will award up to 
18 points based on the quality and comprehensiveness of the needs 
assessment document.
    (a) In order to obtain maximum points for Family EDSS Category 
applications, this document must contain statistical data which 
provides:
    (i) A thorough socioeconomic profile of the eligible residents to 
be served by the grant, in relationship to PHA-wide and national public 
and Indian housing data on residents who are on TANF, SSI benefits, or 
other fixed income arrangements; in job training, entrepreneurship, or 
community service programs; and employed.
    (ii) Specific information on training, contracting and employment 
through the PHA.
    (iii) An assessment of the current service delivery system as it 
relates to the needs of the target population, including the number and 
type of services, the location of services, and community facilities 
currently in use;
    (iv) A description of the goals, objectives, and program strategies 
that will result in successful transition of residents from welfare-to-
work.
    (b) In order to obtain maximum points for Elderly and Disabled SS 
Category applications, the needs assessment document should contain 
statistical data which provides:
    (i) The numbers of residents indicating need for assistance for 
activities of daily living.
    (ii) An assessment of the current service delivery system as it 
relates to the needs of the target population, including the number and 
type of services, the location of services, and community facilities 
currently in use.
    (iii) A description of the goals, objectives, and program 
strategies that will result in increased independence for proposed 
program participants.
    (2) Level of Priority in Consolidated Plan. (2 Points): 
Documentation of the level of priority the locality's, or in the case 
of small cities, the State's, Consolidated Plan has placed on 
addressing the needs. Applicants may also address needs in terms of 
fulfilling the requirements of court actions or other legal decisions 
or which expand upon the Analysis of Impediments to Fair Housing Choice 
(AI) to further fair housing. Applicants that address needs that are in 
the community's Consolidated Plan, AI, or a court decision, or identify 
and substantiate needs in addition to those in the AI, will receive a 
greater number points than applicants who do not relate their proposed 
program to the approved Consolidated Plan or AI or court action. There 
must be a clear relationship between the proposed activities, community 
needs and the purpose of the program funding for an applicant to 
receive points for this factor. For Tribes/TDHEs, the Indian Housing 
Plan would be the document to review for this information.

Rating Factor 3: Soundness of Approach (40 Points)

    This factor addresses the quality and cost-effectiveness of the 
applicant's proposed work plan. In rating this factor HUD will 
consider: the viability and comprehensiveness of strategies to address 
the needs of residents; budget appropriateness/efficient use of grant; 
the speed at which the applicant can realistically accomplish the goals 
of the proposed EDSS program; the soundness of the applicant's plan to 
evaluate the success of its proposed EDSS program at completion and 
during program implementation; and resident and other partnerships; and 
policy priorities.
    (1) Viability and comprehensiveness of the strategies to address 
the needs of residents (19 Points): The score under this subfactor will 
be based on the viability and comprehensiveness of strategies to 
address the needs of residents. HUD will award up to 19 points based on 
the following:
    (a) Services (13 Points for Family EDSS applicants and 19 Points 
for Elderly and Disabled SS applicants; more points are awarded in the 
Elderly and Disabled SS application in order to balance other sections 
of the rating criteria where points are not applicable to an Elderly 
and Disabled SS applicant) The score under this subfactor will be based 
on the following:

[[Page 12034]]

    (i) For Family EDSS Category applications, the extent to which an 
applicant's plan provides services that specifically address the 
successful transition from welfare to work of non-elderly families. To 
receive a high score, the applicant's plan should include case 
management/counseling, job training/development/placement (and/or 
business training/development/startup), child care, and transportation 
services. Also, in order to receive maximum points, the goals and 
objectives of the proposed plan must represent significant achievements 
related to welfare-to-work and other self-sufficiency/independence 
goals. Specifically for those residents affected by welfare reform, the 
number of residents employed or resident businesses started are 
preferable to the number of residents receiving training.
    (ii) For Elderly and Disabled SS Category applications, services in 
the applicant's plan should include case management, health care, 
congregate services and transportation. To obtain maximum points, the 
services must be located in a community facility and be available on a 
12 hour basis or as needed by the eligible residents.
    (b) Resident Contracting and Employment (3 Points): The score in 
this factor will be based on the extent to which residents will achieve 
self-sufficiency through the applicant's contracts with resident-owned 
businesses and through resident employment. A high score will be 
awarded where there is documentation (a letter or resolution from the 
applicant's governing body) describing the applicant's commitment to 
hire or contract with at least 15% of residents and a narrative 
describing the number of resident jobs or contracts involved, as well 
as the training processes related to the Comprehensive Plan. Elderly 
and Disabled SS Category applications will not be scored on the 
criterion in this subcategory.
    (c) Rent and Occupancy Incentives. (3 Points): The score in this 
factor will be based on the degree to which the applicant has 
implemented, proposes to implement, or collaborates with, a public 
welfare department to implement incentives designed to promote resident 
self-sufficiency, including but not limited to: ceiling rents, rent 
exclusions, rent escrows, occupancy preferences for applicants who work 
or who are in a self-sufficiency program, stipends, or income 
disregards. A high score is received if the applicant can show how the 
incentives complement the purposes of the program activities for which 
the applicant is seeking funding. Elderly and Disabled SS Category 
applications will not be scored on this criterion.
    (2) Budget Appropriateness/Efficient Use of Grant (5 Points): The 
score in this factor will be based on the following:
    (a) Detailed Budget Break-Out. The extent to which the application 
includes a detailed budget break-out for each budget category in the 
SF-424A.
    (b) Reasonable Administrative Costs. The extent to which the 
application includes administrative costs below the 15% administrative 
cost ceiling.
    (c) Budget Efficiency. The extent to which the application requests 
funds commensurate with the level of effort necessary to accomplish the 
goals and objectives, and the extent to which the requested funding is 
reasonable in relationship to the anticipated results.
    (3) Reasonableness of the Timetable (2 Points for Family EDSS 
applicants and 4 Points for Elderly and Disabled SS applicants; more 
points are awarded in the Elderly and Disabled SS application in order 
to balance other sections of the rating criteria where points are not 
applicable to Elderly and Disabled SS applicant):
    The score in this factor will be based on the speed of response at 
which the applicant can accomplish the goals of the proposed EDSS 
program. To receive a high score, the applicant must demonstrate that 
it will make substantial program implementation progress within the 
first six months after grant execution, including putting staff in 
place, finalizing partnership arrangements, completing the development 
of requests for proposals, and achieving other milestones that are 
prerequisites for implementation of the program. In addition the 
applicant must demonstrate that the proposed timetable for all 
components of the proposed program is reasonable considering the size 
of the grant and its activities and that it can accomplish its 
objectives within the 24 month time limit.
    (4) Program Assessment. (3 Points for Family EDSS and Elderly and 
Disabled SS): The score in this factor will be based on the soundness 
of the applicant's plan to evaluate the success of its proposed EDSS 
program both at the completion of the program and during program 
implementation. At a minimum, the applicant must track the goals and 
objectives of the proposed work plan program, which must include, if 
applicable, a plan for monitoring the applicant's Contract 
Administrator. HUD will rate more favorably applicants who can track 
specific measurable achievements for the use of program funds, such as 
number of residents employed, salary scales of jobs obtained, persons 
removed from welfare roles 12 months or longer, number of elderly or 
disabled residents receiving from supportive services, and number of 
persons receiving certificates for successful completion of training in 
careers such as computer technology.
    (5) Resident and Other Partnerships (9 Points for Family EDSS 
applicants and 7 Points for Elderly and Disabled SS applicants)
    (a) Resident Involvement in ED/SS Activities (3 Points for Family 
EDSS applicants and 4 Points for Elderly and Disabled SS applicants; 
more points are awarded in the Elderly and Disabled SS application in 
order to balance other sections of the rating criteria where points are 
not applicable to and Elderly and Disabled SS applicants): The score in 
this factor will be based on the extent of resident involvement in 
developing the proposed EDSS program as well as the extent of proposed 
resident involvement in implementing the proposed EDSS program. In 
order to receive a high score on this factor the applicant must provide 
documentation that describes the involvement of residents in the 
planning phase for this program, and a commitment to provide continued 
involvement in grant implementation. In order to receive the maximum 
number of points, a memorandum of understanding or other written 
agreement between the applicant and Resident Associations must be 
included.
    (b) Other Partnerships (3 Points): The score in this factor will be 
based on the successful integration of partners into implementation of 
the proposed EDSS program. In order to receive a high score, an 
applicant must provide a signed Memorandum of Understanding (MOU) or 
other equivalent signed documentation that delineates the roles and 
responsibilities of each of the parties in the program and the benefits 
they will receive. In assessing this subfactor, HUD will examine a 
number of aspects of the proposed partnership, including:
    (i) The division of responsibilities/management structure of the 
proposed partnership relative to the expertise and resources of the 
partners;
    (ii) The extent to which the partnership as a whole addresses a 
broader level of unmet resident needs; and
    (iii) The extent to which the addition of the partners provides the 
ability to meet needs that the applicant could not meet without the 
partner(s).
    (c) Overall Relationship/TOP Coordination (3 Points for Family EDSS 
only): For Family EDSS applicants, the score in this factor will be 
based on the extent of coordination between the

[[Page 12035]]

applicant's proposed EDSS program and any existing or proposed TOP 
programs sponsored by RAs within the applicant's jurisdiction. In order 
to receive a high score, the application must contain an MOU that 
describes collaboration between the applicant's staff and residents on 
all of the specific components related to the work plan of both the 
proposed or current TOP and EDSS programs. To receive points, at a 
minimum, there must a narrative description of this collaboration. If 
there are no existing and no proposed TOP grants within the 
jurisdiction of the applicant, the score for this factor will be 0. 
Elderly and Disabled SS applications will not be scored on this 
criterion. In addition, if all of the resident groups eligible to apply 
for TOP within the applicant's jurisdiction have already received TOP 
grants and will have completed the activities, the applicant will not 
be scored on this criterion.
    (6) Policy Priorities (2 Points for Family EDSS and Elderly and 
Disabled SS): Documentation of the extent to which policy priorities of 
the Department are furthered by the proposed activities. Such 
Department policy priorities are: affirmatively furthering fair housing 
by promoting greater opportunities for housing choice for minorities 
and the disabled; promoting healthy homes; providing opportunities for 
self-sufficiency, particularly for persons enrolled in welfare to work 
programs; providing enhanced economic, social and/or living 
environments in Empowerment Zones or Enterprise communities; and, 
providing educational and job training opportunities through such 
initiatives as Neighborhood Networks or Campus of Learners, and linking 
programs to AmeriCorps activities. To obtain the full two points in 
this category, at least three of these five policy priorities must be 
addressed.

Rating Factor 4: Leveraging Resources (10 Points)

    This factor addresses the ability of the applicant to secure 
community resources (note: financing is a community resource) which can 
be combined with HUD's program resources to achieve program purposes. 
In evaluating this factor HUD will consider:
    The extent to which the applicant has partnered with other entities 
to secure additional resources to increase the effectiveness of the 
proposed program activities. The budget, the work plan, and commitments 
for additional resources and services, other than the grant, must show 
that these resources are firmly committed, will support the proposed 
grant activities and will, in combined amount (including in-kind 
contributions of personnel, space and/or equipment, and monetary 
contributions) equal at least 25% of the EDSS grant amount proposed in 
this application. ``Firmly committed'' means there must be a signed, 
written agreement with the provider of resources. The signed, written 
agreement may be contingent upon an applicant receiving a grant award. 
Other resources and services may include: the value of in-kind 
services, contributions or administrative costs provided to the 
applicant; funds from Federal sources (not including EDSS funds); funds 
from any State or local government sources; and funds from private 
contributions. Applicants may also partner with other program funding 
recipients to coordinate the use of resources in the target area.
    Applicants must provide evidence of leveraging/partnerships by 
including in the application letters of firm commitments, memoranda of 
understanding, or agreements to participate from those entities 
identified as partners in the application. To be firmly committed there 
must be a signed, written agreement with the provider of resources. 
This agreement may be contingent upon an applicant receiving a grant 
award. Each letter of commitment, memorandum of understanding, or 
agreement to participate should include the organization's name, 
proposed level of commitment and responsibilities as they relate to the 
proposed program. The commitment must also be signed by an official of 
the organization legally able to make commitments on behalf of the 
organization.

Rating Factor 5: Comprehensiveness and Coordination (10 Points)

    This factor addresses the extent to which the applicant's program 
reflects a coordinated, community-based process of identifying needs 
and building a system to address the needs by using available HUD 
funding resources and other resources available to the community.
    In evaluating this factor HUD will consider the extent to which the 
application addresses:
    (1) Coordination with the Consolidated Plan (2 Points for Family 
EDSS applicants and 6 points for Elderly and Disabled SS applicants; 
more points are awarded in the Elderly and Disabled SS application in 
order to balance other sections of the rating criteria where points are 
not applicable to an Elderly and Disabled SS application.) Demonstrates 
the applicant has reviewed the community's Consolidated Plan and/or 
Analysis of Impediments to Fair Housing Choice, and has proposed 
activities that address the priorities, needs, goals or objectives in 
those documents; or substantially further fair housing choice in the 
community. For tribes/TDHEs the Indian Housing Plan would be the 
document to review for information.
    (2) For Family EDSS Applications, Coordination with the State or 
Tribal Welfare Plan (4 Points): Provides evidence that the proposed 
EDSS program has been coordinated with and supports the applicant's 
efforts to increase resident self-sufficiency and is coordinated and 
consistent with the State or Tribal Welfare Plan.
    (3) Coordination with Other Activities (4 Points): Demonstrates 
that the applicant, in carrying out program activities, will develop 
linkages with: other HUD funded program activities proposed or on-going 
in the community; or other State, Federal or locally funded activities 
proposed or on-going in the community which, taken as a whole, support 
and sustain a comprehensive system to address the needs.
    (C) Selections. In order to be considered for funding under the 
EDSS program, an applicant must receive a minimum score of 75. 
Applications will be rated and ranked under the rating factors in 
section V.(B), above, and funded in rank order. If two or more 
applications have the same number of points, the application with the 
most points for Factor 3, Soundness of Approach shall be selected. If 
there is still a tie, the application with the most points for Factor 
4, Leveraging Resources shall be selected.

VI. Application Submission Requirements

    The applicant must submit the following, which are further 
described in the application kit:
    (A) Needs Assessment Report which includes statistical or survey 
information on the needs of the recipient population; please use the 
appropriate format provided in the application kit.
    (B) A two-year work plan for implementing EDSS activities which 
includes goals, budget, timetable and strategies. In addition to a 
narrative, please use the formats provided in the application kits to 
chart the following:
    (1) Activity plan summary;
    (2) Activity breakout;
    (3) Budget breakout;
    (4) Summary budget;
    (5) Program resources; and
    (6) Program staffing;

[[Page 12036]]

    (C) Information on the applicant's and/or administrator's track 
record. Please provide the chart and/or certification format provided 
in the application kit;
    (D) Signed certifications and assurances referenced in this NOFA.
    (E) Signed memorandum of Understanding/Agreement; commitment 
letters; and other required documentation of partnerships.

VII. Correction 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 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.

VIII. Findings and Certifications

    (A) Paperwork Reduction Act Statement. The information collection 
requirements contained in this NOFA have been approved by the Office of 
Management and Budget under OMB Approval No. 2577-0211. 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. This NOFA does not direct, provide for 
assistance or loan and mortgage insurance for, or otherwise govern or 
regulate property acquisition, disposition, lease, rehabilitation, 
alteration, demolition, or new construction, or set out or provide for 
standards for construction materials, manufactured housing, or 
occupancy. Accordingly, under 24 CFR 50.19(c)(1), this NOFA is 
categorically excluded from environmental review under the National 
Environmental Policy Act of 1969, as amended (42 U.S.C. 4321).
    (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 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 NOFA solicits 
applicants to help eligible families make the transition from welfare 
to work, and does not impinge upon the relationships between the 
Federal government and State and local governments. As a result, the 
NOFA is not subject to review under the Order.
    (D) Prohibition Against Lobbying Activities. You, the applicant, 
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. You 
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, you 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.)
    (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 (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 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 in 24 CFR part 15.
    (2) Disclosures. HUD will make available to the public for 5 years 
all applicant disclosure reports (Form HUD-2880) submitted in 
connection with this NOFA. Update reports (also Form HUD-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.
    (F) 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)

[[Page 12037]]

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.
    (G) Catalog of Federal Domestic Assistance Numbers. The Catalog of 
Federal Domestic Assistance number for this program is 14.863.

IX. Authority

    The Departments of Veterans Affairs and Housing and Urban 
Development, and Independent Agencies Appropriations Act, 1997 (Pub. L. 
104-204, 110 Stat. 2874, at 2887, approved September 26, 1996) and the 
Departments of Veterans Affairs and Housing and Urban Development and 
Independent Agencies Appropriations Act, 1998 (Pub. L. 105-65, 111 
Stat. 1344, at 1356, approved October 27, 1997).

    Dated: March 4, 1999.
Harold Lucas,
Assistant Secretary for Public and Indian Housing.
[FR Doc. 99-5860 Filed 3-9-99; 8:45 am]
BILLING CODE 4210-33-P