[Federal Register Volume 64, Number 125 (Wednesday, June 30, 1999)]
[Notices]
[Pages 35175-35176]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-16719]


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DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

[Docket No. FR-4410-C-04]


FY 1999 Super Notice of Funding Availability (SuperNOFA); 
Modifications and Clarifications Regarding Funding Under the Fair 
Housing Initiatives Program

AGENCY: Office of the Secretary, HUD.

ACTION: Notice.

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SUMMARY: On February 26, 1999, HUD published its Fiscal Year (FY) 1999 
Super Notice of Funding Availability (SuperNOFA) for HUD's Housing, 
Community Development, and Empowerment programs. This notice advises of 
certain modifications and clarifications to funding provided under the 
Fair Housing Initiatives Program (FHIP).

DATES: The FHIP application due date of June 30, 1999, is not changed 
by this notice.

FOR FURTHER INFORMATION CONTACT: For the FHIP, please contact the 
office or individual listed in the ``For Further Information'' portion 
of the section of the individual programs that are part of the 
SuperNOFA, published on February 26, 1999 at 64 FR 9618.

SUPPLEMENTARY INFORMATION:

I. Background

    On February 26, 1999 (64 FR 9618), HUD published its FY 1999 
SuperNOFA for HUD's Housing, Community Development, and Empowerment 
programs. The FY 1999 SuperNOFA announced the availability of 
approximately $2.4 billion in HUD program funds covering 32 grant 
programs and program components administered by the following HUD 
offices: the Office of Community Planning and Development (CPD); the 
Office of Housing-Federal Housing Administration (FHA); the Office of 
Public and Indian Housing (PIH); the Office of Policy Development and 
Research (PD&R); the Office of Fair Housing and Equal Opportunity 
(FH&EO); and the Office of Lead Hazard Control.
    On April 27, 1999 (64 FR 22634), HUD published a notice that 
extended the application deadlines of two programs (HOPE VI and FHIP) 
and made certain corrections and clarifications to four programs (FHIP, 
Lead-Based Hazard Control Program, Section 202 Supportive Housing for 
the Elderly Program; and Section 811 Supportive Housing for Persons 
with Disabilities Program).
    On May 8, 1999 (64 FR 27120), HUD published a notice that, among 
other things, extended the deadline for certain programs in the 
SuperNOFA to accommodate areas that were designated disaster areas as a 
result of the tornados in early May 1999.
    The purpose of this notice is to advise of certain modifications 
and clarifications to funding under the FHIP Program. These changes do 
not alter the selection factors of the FHIP NOFA.

[[Page 35176]]

These changes only clarify certain FHIP requirements.
    Accordingly, in the SuperNOFA for Housing, Community Development, 
and Empowerment Programs, notice document 99-4476, beginning at 64 FR 
9618, in the issue of Friday, February 26, 1999, the following 
corrections are made to the Fair Housing Initiatives Program (FHIP) 
section of the SuperNOFA, found at 64 FR 9677-9690.
    1. On page 9682, first column, a new paragraph (11) is added to 
Section IV(A), and existing paragraphs (11), (12), and (13) are 
redesignated (12), (13), and (14) respectively. New paragraph 11 adds 
language to assure high quality performance of all grants, contracts, 
or cooperative agreements resulting from awards made under this NOFA. 
HUD is implementing a process to consider complaints from the public 
regarding FHIP funded activities. New paragraph (11) reads as follows:
    (11) To assure high quality performance of all grants, contracts, 
or cooperative agreements resulting from awards made under this NOFA, 
HUD is implementing a process to consider complaints from the public 
regarding FHIP-funded activities. If, after notice and consideration of 
relevant information, HUD concludes that there has been inappropriate 
conduct, such as a violation of FHIP program requirements, grant, 
contract or cooperative agreement terms or conditions; or any other 
applicable statute, regulation or other requirement, HUD will take 
appropriate action to address its determination. Such action may 
include: written reprimand; consideration of past performance in 
ranking future FHIP applications; reimbursement of FHIP funding; and 
temporary or permanent denial of participation in the FHIP program.
    2. On page 9683, in the middle column, paragraph (8) pertaining to 
``Conflict of Interest and Use of Settlement Funds Certification,'' is 
amended by revising paragraph (8)(b) to clarify the disposition of 
funds received as a result of activities funded in whole or in part by 
the FHIP program. Paragraph (8)(b) is revised to read as follows:
    (b) When you receive funds as the result of enforcement activities 
funded in whole or in part by the FHIP program, including testing, you 
shall reimburse the United States for the FHIP-funded activities. To 
accomplish this, you shall reimburse the United States for the FHIP-
funded activities in accordance with procedures set forth in your 
grant, contract or cooperative agreement.
    3. On page 9683, in the middle column, Section IV(C)(1) pertaining 
to ``Additional Requirements for Private Enforcement Initiative'' is 
revised to remove the requirement that applications to provide 
projections of the number of complaints to be referred to HUD for 
enforcement purposes, and to make clear that applications already 
submitted which contain such projections needed not be revised because 
HUD will not consider such projections when evaluating the application. 
Paragraph (1) in Section IV(C) is revised to read as follows:
    (1) Your proposal must include a description of the enforcement 
proposals to be referred to HUD to increase enforcement actions. 
Therefore, you must state what information you intend to collect and 
analyze, the kind of complaints you anticipate referring to HUD for 
enforcement purposes and a method for referring such complaints. If 
applications are submitted with projections of the number of complaints 
expected to be referred to HUD for enforcement purposes, they need not 
be revised because HUD will disregard any such projections when 
evaluating the application. Your application should explain how you 
plan to structure tests, train investigators, conduct investigations, 
etc. This description should make clear the safeguards to be used to 
ensure that complaints referred to HUD for enforcement actions are 
fully jurisdictional under the Act and supported by credible and 
legitimate evidence that the Act has been violated.
    4. On page 9686, first column, paragraph (1), the Description of 
Proposed Activities (which is under Rating Factor 3), is revised to 
remove the requirement that applications contain projections of the 
number of enforcement proposals to be referred to HUD. All the text 
under the ``Description of Proposed Activities'' is removed and 
replaced with the following language:
    How your proposed activities will result in the referral of 
enforcement proposals to HUD. Specifically, your description should 
explain how the activities performed during the period of performance 
of the grant will result in cases being referred to HUD. If 
applications are submitted with projections of the number of 
enforcement proposals to be referred to HUD, they need not be revised 
because HUD will disregard any such projections when evaluating the 
application. In responding to this factor, describe the methods to be 
developed or used to identify and refer enforcement proposals to HUD. 
If your past activities have resulted in successful enforcement 
proposals being referred to HUD, describe these actions and the outcome 
of such referrals.

    Dated: June 25, 1999.
Susan Forward,
General Deputy Assistant Secretary for Fair Housing and Equal 
Opportunity.
[FR Doc. 99-16719 Filed 6-28-99; 9:25 am]
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