[Federal Register Volume 66, Number 92 (Friday, May 11, 2001)]
[Notices]
[Pages 24236-24261]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-11957]



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Part III





Department of Housing and Urban Development





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Notice of Funding Availability: Tribal Colleges and Universities 
Program; Fiscal Year 2001

  Federal Register / Vol. 66, No. 92 / Friday, May 11, 2001 / Notices  

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DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

[Docket No. FR-4674-N-01]


Notice of Funding Availability: Tribal Colleges and Universities 
Program; Fiscal Year 2001

AGENCY: Office of the Secretary, HUD.

ACTION: Notice of Funding Availability (NOFA).

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SUMMARY: Purpose of the Program. To assist Tribal colleges and 
universities to build, expand, renovate, and equip their own 
facilities.
    Available Funds. Approximately $3 million.
    Eligible Applicants: Only tribal colleges and universities that 
meet the definition of a TCU established in Title V of the 1998 
Amendments to the Higher Education Act of 1965 (Pub. L. 105-244; 
enacted October 7, 1998)
    Application Deadline. August 3, 2001.
    Match. None.

Paperwork Reduction Act Statement

    The information collection requirements contained in this NOFA have 
been approved by the Office of Management and Budget, under the 
Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520) and assigned OMB 
Control Number 2528-0215. An agency may not conduct or sponsor, and a 
person is not required to respond to, a collection of information 
unless the collection displays a valid control number.

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

    Application Due Date. Your completed application is due on or 
before 12 midnight, Eastern time, on August 3, 2001 at HUD 
Headquarters.
    Applications Submission Procedures. Mailed Applications. Your 
application will be considered timely filed if your application is 
postmarked on or before 12:00 midnight on the application due date and 
received by the designated HUD address on or within ten (10) days of 
the application due date.
    Applications Sent by Overnight/Express Mail Delivery. If your 
application is sent by overnight delivery or express mail, your 
application will be timely filed if it is received before or on the 
application due date, or when you submit documentary evidence that your 
application was placed in transit with the overnight delivery/express 
mail service by no later than the application due date.
    Hand Carried Applications. If your application is required to be 
submitted to HUD Headquarters, and you arrange for the application to 
be hand carried, hand carried applications delivered before and on the 
application due date must be brought to the specified location at HUD 
Headquarters and room number between the hours of 8:45 am to 5:15 pm, 
Eastern time. Applications hand carried on the application due date 
will be accepted in the South Lobby of the HUD Headquarters Building at 
the address below from 5:15 pm until 12 midnight, Eastern time. This 
deadline date is firm. Please make appropriate arrangements to arrive 
at the HUD Headquarters Building before 12 midnight, Eastern time, on 
the application due date.
    Address for Submitting Applications. Your completed application 
consists of an original signed application and two copies of the 
application. Submit your completed application to the following 
address: Processing and Control Branch, Office of Community Planning 
and Development, Department of Housing and Urban Development, 451 
Seventh Street, SW, Room 7251, Washington, DC, 20410. When submitting 
your application, please refer to TCUP and include your name, mailing 
address (including zip code) and telephone number (including area 
code).
    HUD will accept only one application per TCU campus for this 
program. If your institution has multiple campuses, each one may submit 
a separate application. If your institution submits more than one 
application, per campus, HUD will ask you to identify which application 
you want evaluated. Only one application will be evaluated. If you do 
not respond within the stipulated cure period (see Section VI below), 
all of your applications will be disqualified. You should take this 
policy into account and take steps to ensure that multiple applications 
are not submitted.
    For Application Kits. For an application kit and any supplemental 
material, you should call the SuperNOFA Information Center at 
1-800-HUD-8929. If you have a hearing or speech impairment, please call 
the Center's TTY number at 1-800-HUD-2209. When requesting an 
application kit, you should refer to TCUP and provide your name and 
address (including zip code) and telephone number (including area 
code). You may also access the application on the Internet through the 
HUD web site at www.hud.gov.
    For Further Information and Technical Assistance. You may contact 
Jane Karadbil of HUD's Office of University Partnerships at 202-708-
1537, extension 5918 or Sherone Ivey of the Office of Native American 
Programs at 202-401-7914, extension 4200. If you have a hearing or 
speech impairment, you may access this number via TTY by calling the 
Federal Information Relay Service toll-free at 1-800-877-8339. You may 
also write to Ms. Karadbil via email at [email protected] and 
Ms. Ivey at [email protected].
    Satellite Broadcast. HUD will hold an information broadcast via 
satellite for potential applicants to learn more about the program and 
preparation of the application. For more information about the date and 
time of the broadcast, you should consult the HUD web site at http://www.hud.gov.

II. Amount Allocated

    Approximately $3 million in FY 2001 funds is being made available 
under this NOFA for TCUP.
    The maximum grant period is 24 months. The performance period will 
commence on the effective date of the grant agreement.
    The maximum amount to be requested and awarded is $400,000. Since 
the Statement of Work and other facets of the technical review are 
assessed in the context of the proposed budget and grant request, and 
in the interest of fairness to all applicants, if you submit an 
application requesting more than $400,000 in HUD funds, the application 
will be ruled ineligible. HUD reserves the right to make awards for 
less than the maximum amount or less than the amount requested in your 
application.

III. Program Description; Eligible Applicants; Eligible Activities

    (A) Program Description. The purpose of TCUP is to assist TCUs to 
build, expand, renovate, and equip their own facilities, especially 
those facilities that are used by or available to the larger community.
    (B) Eligible Applicants. Only if your institution is a nonprofit 
institution of higher education and meets the statutory definition of a 
TCU in Title V of the 1998 Amendments to the Higher Education Act of 
1965 (P.L. 105-244) are you eligible to apply. If you are one of 
several campuses of the same institution, you may apply separately from 
the other campuses as long as your campus has a separate administrative 
structure and budget from the other campuses.
    (C) Eligible Activities. Each activity you propose for funding must 
meet one of the following national objectives:
    (a) Benefit low- and moderate-income persons;
    (b) Aid in the prevention or elimination of slums or blight; or

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    (c) Meet other community development needs having a particular 
urgency and other financial resources are not available to meet such 
needs.
    You may not use any of your grant for public services, as defined 
in 24 CFR 570.201(e). You may use no more than 20 percent of your grant 
for planning and administrative activities, as defined in 24 CFR 
570.206. Grant funds can only be used to build, expand, renovate, and 
equip facilities owned by your institution. Long-term leases of 
property (i.e., at least five years in duration) are considered an 
acceptable form of ownership under this program. Equipment can include, 
but is not limited to, computers, furniture, books, etc.
    While community-wide use of your facility is permissible, the 
facility must be predominantly for the use of your institution (i.e., 
it must be used by your institution at least 51% of the time). The 
facility to be assisted must be for some activity or activities that 
your institution normally provides, as opposed to activities undertaken 
by other entities using your facility. Buildings in which your 
institution undertakes activities are eligible for assistance even if 
they do not serve those enrolled in your institution. A few examples 
are provided to show eligible uses of the grant. If your institution 
operates a small business assistance center, renovation of the facility 
in which the center is located would be an eligible grant activity, 
because the center is part of your institution even though it is not 
serving enrolled students. Conversely, if your institution rents space 
to another entity that operates a small business assistance center, 
renovation of the facility in which that center is located would not be 
an eligible grant activity, unless the space is used by your 
institution at least 51% of the time. As another example, you could 
build a new gymnasium solely for your students or propose to offer some 
physical education classes or other activities in the evening to the 
larger community. But if you proposed to build a new gymnasium, with 
the majority of the activities for non-students, or with the activities 
being primarily run by an outside entity, that would be an ineligible 
activity.
    While you may choose to apply for a grant for any kind of college 
or university facility, facilities that will be used by or available to 
the larger community (as long as the use is still predominantly for 
your institution, as noted above) are eligible to receive extra points 
where the larger community has participated in the planning and 
implementation of this project. For example, in order to get these 
points, you could request a grant to rehabilitate a student union 
building that would also serve as a community meeting facility, with 
the community helping to plan the renovations and also helping to 
operate additional activities. As another example, you could expand a 
facility currently serving as a small business assistance center where 
current and potential small business owners helped design the 
expansion. As a third example, you could equip a computer lab where the 
larger community helped you identify the equipment needs and will also 
help in implementing workshops, etc. If you are proposing work on a 
facility that is solely for your institution (e.g., a dormitory or 
administration building), you can only get these points if you involve 
the community in the planning and implementation of the project. See 
Rating Factor 3 for more details. You should call Jane Karadbil or 
Sherone Ivey at the above numbers if you have any questions about the 
eligibility of any activities you may propose.
    (D) Other Requirements. (1) Leveraging. Although a match is not 
required to qualify for funding, if you claim leveraging from any 
source, including your own institution, you must provide letters or 
other documentation evidencing the extent and firmness of commitments 
of leveraging from other Federal (e.g., Americorps Programs), State, 
local, and/or private sources (including the applicant's own 
resources). These letters or documents must be dated no earlier than 
the date of this published NOFA. Potential sources of leveraging 
assistance include your own institution (for both direct and indirect 
costs), tribes, the Indian housing authorities, financial institutions 
and private businesses, foundations, and faith-based institutions.
    (2) Federal Requirements. If awarded a grant, you must comply with 
all Federal requirements, including the following:
    (a) If your TCU is a part or instrumentality of a tribe, you must 
comply with the Indian Civil Rights Act (25 U.S.C. 1301 et seq.), but 
if your TCU is not a part or instrumentality of a tribe, you must 
comply with the Fair Housing Act (42 U.S.C. 3601-19) and implementing 
regulations at 24 CFR part 100 et seq. , Title VI of the Civil Rights 
Act of 1964 (42 U.S.C. 2000d-2000d-4) (Nondiscrimination in Federally 
Assisted Programs) and implementing regulations at 24 CFR part 1, and 
Section 109 of the Housing and Community Development Act of 1974, as 
amended, with respect to nondiscrimination on the basis of age, sex, 
religion, or disability and implementing regulations at 24 CFR part 6;
    (b) The Age Discrimination Act of 1975 (42 U.S.C. 6101-6107) and 
implementing regulations at 24 CFR part 146, prohibiting discrimination 
on the basis of age;
    (c) Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794) 
and implementing regulations at 24 CFR part 8, prohibiting 
discrimination against handicapped individuals;
    (d) Section 3 of the Housing and Urban Development Act of 1968 (12 
U.S.C. 1701u) and implementing regulations at 24 CFR part 135, 
requiring that economic opportunities generated by certain HUD 
financial assistance shall, to the greatest extent feasible, be given 
to low- and very low-income persons and to businesses that provide 
economic opportunities for these persons;
    (e) The disclosure requirements and prohibitions of 31 U.S.C. 1352 
and implementing regulations at 24 CFR part 87;
    (f) The requirements for funding competitions established by the 
Department of Housing and Urban Development Reform Act of 1989 (42 
U.S.C. 3531 et seq.).
    (g) Nondiscrimination provisions of Section 109 and Labor standards 
of section 110 of the Housing and Community Development Act of 1974 
(HCDA 1974)(42 U.S.C. 5301 et seq.), referenced at 24 CFR 570.602 and 
570.603, respectively. However, in accordance with HCDA 1974 section 
107(e)(2), the Secretary waives the provisions of HCDA 1974 section 109 
and 110 with respect to this program for grants to a TCU that is a part 
of a tribe, i.e., a TCU that is legally a department or other part of 
the tribal government, but not a TCU that is established under tribal 
law as an entity separate from the tribal government. If your TCU is 
not a part of a tribe, the nondiscrimination provisions and labor 
standards of HCDA section 109 and 110 apply to activities under the 
grant to your TCU.
    (4) OMB Circulars. Your grant will be governed by the provisions of 
24 CFR part 84 (Grants and Agreements with Institutions of Higher 
Education, Hospitals and other Nonprofit Organizations), A-21 (Cost 
Principles for Education Institutions), and A-133 (Audits of States, 
Local Governments, and Non-Profit Organizations). The application kit 
contains a detailed explanation of what these costs are. You can access 
the OMB circulars at the White House website at http://www.whitehouse.gov/OMB/circulars.

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IV. Application Selection Process

    HUD will conduct two types of review: a threshold review to 
determine applicant eligibility; and a technical review to rate the 
application based on the rating factors in this section.
    (A) Threshold Factors for Funding Consideration. Under this 
threshold review, your application can only be rated if it is in 
compliance with the requirements of this NOFA and the following 
additional standards are met:
    (1) You must be an eligible TCU;
    (2) Your application requests a Federal grant of $400,000 or less 
over the two-year grant period;
    (3) There is only one application from your institution or a campus 
of your institution;
    (4) At least one of the activities in your application is eligible.
    In addition you must meet the following Civil Rights threshold 
requirements.
    If you, the applicant, (1) have been charged with a systemic 
violation of the Fair Housing Act by the Secretary alleging ongoing 
discrimination;
    (2) Are a defendant in a Fair Housing Act lawsuit by the Department 
of Justice alleging an ongoing pattern or practice of discrimination; 
or
    (3) Have received a letter of noncompliance findings under Title 
VI, Section 504 or Section 109 , HUD will not rate or rank your 
application under this NOFA if the charge, lawsuit, or letter of 
findings has not been resolved to the satisfaction of the Department 
before the application deadline stated in this NOFA. HUD's decision 
regarding whether a charge, lawsuit, or letter of findings has been 
satisfactorily resolved will be based upon whether appropriate actions 
have been taken to address allegations of ongoing discrimination in the 
policies or practices involved in the charge, lawsuit, or letter of 
findings.
    (B) Factors Used to Evaluate and Rate 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 100. 
HUD has five standard factors and several subfactors that it uses for 
evaluating almost all of its programs. However, because of tribal 
sovereignty issues and because this is the first year of the Tribal 
Colleges and Universities Program, not all of these factors and 
subfactors are being used. If this program is funded again next year, 
HUD will determine the extent to which these standard factors and sub-
factors will be applied to this program.

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

    This factor addresses the extent to which you have 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 your application demonstrates the 
knowledge and experience of the overall project director and staff, 
including the day-to-day program manager, consultants, and contractors 
in planning and managing the kinds of programs for which funding is 
being requested. More points will be awarded for this factor where the 
experience belongs to members of the TCU staff than where it belongs to 
consultants, contractors, and other staff outside your institution. In 
addition, more points will be awarded where the experience belongs to 
people who will actually work on your proposed project. Experience will 
be judged in terms of recent, relevant, and successful experience of 
your staff to undertake activities in:
    (a) Developing and equipping facilities for your institution; and
    (b) Working with your community on the planning and implementation 
of projects.

Rating Factor 2: Need/Extent of the Problem (10 points)

    This factor addresses the extent to which there is a need for 
funding the proposed program activities and an indication of the 
importance of meeting this need. In responding to this factor, you will 
be evaluated on the extent to which you document the level of need for 
the proposed activities and the importance of meeting the need. You 
should use statistics and analyses contained in one or more data 
sources that are sound and reliable. To the extent possible, the data 
you use should be specific to the area where the proposed activities 
will be carried out.

Rating Factor 3: Soundness of Approach (60 points)

    This factor addresses the quality and cost-effectiveness of your 
proposed work plan and the commitment of your institution to sustain 
the proposed activities.
    (1) Quality of the Work Plan (50 Points)
    (a) Specific services and/or activities (15 Points). Specifically, 
HUD will consider the extent to which your proposed activities will:
    (i) Meet an identified important need; and
    (ii) Relate to and not duplicate other activities in the target 
area.
    (b) Community Involvement (10 points) HUD will consider the extent 
to which you have involved the community in all stages of the proposed 
project.
    (c) Work Plan Impact (15 Points). HUD will consider the feasibility 
of success of your program, the measurable objectives, and how timely 
your products will be delivered. Specifically, HUD will examine the 
extent to which:
    (i) The project you propose can be completed within the two year 
grant period; and
    (ii) The objectives are measurable (e.g., the number of classrooms 
added, the number of additional clients that can be helped in an 
expanded small business assistance center), result in measurable 
improvement to the community (e.g., fifty more people receiving 
computer literacy training, twenty more small businesses started, 
etc.), and how well you demonstrate that these objectives will be 
achieved by your proposed management plan and team and will result 
directly from your activities.
    (d) Involvement of the Faculty and Students (10 points). The extent 
to which your application proposes to use students and faculty, as part 
of their coursework, for project activities. HUD's goal is to encourage 
students and faculty to be able to use this grant to enhance their 
education experience and assist their community at the same time.
    (2) Institutionalization of Project Activities (10 points). The 
extent to which your project will result in the kinds of proposed 
activities being sustained by becoming part of the mission of your 
institution. In reviewing this subfactor, HUD will consider the extent 
to which program activities relate to your institution's mission, 
benefit students because they are part of a service learning program at 
your institution, and are reflected in the curriculum. HUD will look at 
your monetary and non-monetary commitments to faculty and staff 
continuing work in the target area or other similar areas and to your 
longer term commitment (five years after the start of the grant) of 
hard dollars to similar work.

Rating Factor 4: Leveraging Resources (10 Points)

    This factor addresses your ability to secure community resources, 
which can be combined with HUD program funds to achieve program 
objectives.
    In evaluating this factor, HUD will consider the extent to which 
you have established partnerships with other entities to secure 
additional resources to increase the effectiveness of the

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proposed activities. Resources may include funding or in-kind 
contributions, such as services or equipment. Resources may be provided 
by governmental entities, e.g., the Tribe, the Federal government (BIA, 
HHS, Education), etc., public or private nonprofit organizations, for-
profit private organizations, or other entities. You may also establish 
partnerships with other program funding recipients to coordinate the 
use of resources in the target area.
    You may count overhead and other institutional costs (e.g., 
salaries) that are waived as leveraging. However, higher points will be 
awarded if you secure leveraging resources from sources outside your 
institution.
    You must provide letters or other documentation showing the extent 
and firmness of commitments of leveraged funds (including your own 
resources) in order for these resources to count in determining points 
under this factor. Commitment letters must state a dollar amount in 
order to earn points for this factor. If your application does not 
include evidence of leveraging, it will receive zero (0) points for 
this Factor.
    (C) Selections. In order to be funded, you must receive a minimum 
score of 70 points. HUD will fund applications in rank order, until it 
has awarded all available funds. 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 1, Capacity, shall be 
selected.
    After all application selections have been made, HUD may require 
that you participate in negotiations to determine the specific terms of 
the Statement of Work and the grant budget. In cases where HUD cannot 
successfully complete negotiations, or you fail to provide HUD with 
requested information, an award will not be made. In such instances, 
HUD may elect to offer an award to the next highest ranking applicant, 
and proceed with negotiations with that applicant.
    HUD will not fund specific proposed activities that do not meet one 
of the national objectives referenced in Section IIIC above. In 
addition, HUD reserves the right to fund less than the full amount 
requested in your application if any of your proposed activities is not 
eligible for funding under the statute creating this program.

V. Application Submission Requirements

    You should include an original and two copies of the items listed 
below. In order to be able to recycle paper, please do not submit 
applications in bound form. Binder clips or loose leaf binders are 
acceptable. Also, please do not use colored paper. Please note the page 
limits for some of the items listed below and do not exceed them.
    Your application must contain the items listed in this section. 
These items include the standard forms, certifications, and assurances 
found in Appendix A of this NOFA. The remaining application items that 
are forms (i.e., excluding such items as narratives), referred to as 
the ``non-standard forms,'' can be found as Appendix B of this NOFA. 
The items are as follows:
    (A) SF-424, Application for Federal Assistance.
    (B) HUD-424, Federal Assistance Funding Matrix.
    (C) Application Checklist. 
    (D) Transmittal Letter, signed by the Chief Executive Officer of 
your institution or his or her designee. If someone else in your 
institution signs this letter, your application must include an 
official designation of signing authority to that person.
    (E) Abstract/Executive Summary (one page limit) describing the 
goals and activities of the project.
    (F) Narrative Statement Addressing the Factors for Award. (50 page 
limit, including tables, and maps, but not including any letters of 
commitment and budget forms)
    (1) The Statement of Work incorporates all activities to be funded 
in your application and details how your proposed work will be 
accomplished. (Please note that although submitting pages in excess of 
the page limit will not disqualify your application, HUD will not 
consider the information on any excess pages, which may result in a 
lower score or failure to meet a threshold.) For each proposed 
activity, your Statement of Work must:
    (a) Present a step-by-step breakdown of the major activities for 
which you seek funding (e.g., rehabilitation of a business development 
center, construction of new classrooms), identify the primary persons 
(as described in addressing Rating Factor 1) involved in carrying out 
the activity and accountable for the deliverables, and delineate the 
major tasks involved in carrying it out. You should also describe how 
each activity meets one of the national objectives referenced in 
Section IIIC above.
    (b) Indicate the sequence in which tasks are to be performed, 
noting areas of work that must be performed simultaneously. The 
sequence, duration, and the products to be delivered should be 
presented in six month intervals, up to 24 months.
    (c) Identify the specific numbers of quantifiable intermediate and 
end products and objectives (e.g., the number of classrooms added, the 
number of additional clients that can be helped in an expanded small 
business assistance center, etc.) you aim to deliver by the end of the 
grant period as a result of the work performed.
    (d) Provide a description of how any proposed new construction or 
renovation of existing facilities will comply with the accessibility 
requirements of Section 504 of the Rehabilitation Act of 1973 (24 CFR 
part 8.21).
    (2) The budget presentation should be consistent with the Statement 
of Work and include:
    (a) A budget by activity, using Form HUD-30006 included in the 
application kit and Appendix B of this NOFA. This form separates the 
Federal and non-Federal costs of each program activity. Particular 
attention should be paid to accurately estimating costs; determining 
the necessity for and reasonableness of costs; and correctly computing 
all budget items and totals.
    (b) A narrative statement of how you arrived at your costs, for any 
line item over $5,000. Indirect costs must be substantiated and the 
rate must have been approved by the cognizant Federal agency. If you 
are proposing to undertake rehabilitation of residential, commercial, 
or industrial structures or acquisition, construction, or installation 
of public facilities and improvements, you must submit reasonable costs 
supplied by a qualified entity other than your institution (e.g., an 
architect, engineer, construction firm, etc.).
    (3) Your narrative statement addressing the factors for award 
should address each of the four factors for award. (Please note that 
although submitting pages in excess of the page limit will not 
disqualify your application, HUD will not consider the information on 
any excess pages, which may result in a lower score or failure to meet 
a threshold.)
    In addressing Factor 4, for each leveraging source, cash or in-
kind, you must submit a letter, dated no earlier than the date of this 
NOFA, from the provider on the provider's letterhead that addresses the 
following:
     The dollar amount or dollar value of the in-kind goods 
and/or services committed. For each leveraging source, the dollar 
amount in the commitment letter must be consistent with the dollar 
amount you indicated in the Budget;
     How the leveraging amount is to be used;

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     The date the leveraging amount will be made available;
     Any terms and conditions affecting the commitment, other 
than receipt of a HUD TCUP Grant; and
     The signature of the appropriate executive officer 
authorized to commit the funds and/or goods and/or services. (See the 
application kit and Appendix B for a sample commitment letter.)
    (G) Certifications.
    (1) SF-424B, Assurances for Non-Construction Programs or SF-424D, 
Assurances-Construction Programs, depending on the activities you 
propose to undertake.
    (2) HUD-50071, Certification of Payments to Influence Certain 
Federal Transactions;
    (3) SF-LLL, Disclosure of Lobbying Activities (if applicable);
    (4) HUD-2880, Applicant/Recipient Disclosure/Update Form;
    (5) HUD-50070, Certification of Drug-Free Workplace;
    (6) HUD-2992, Certification Regarding Debarment and Suspension.
    (H) Acknowledgment of Receipt of Applications (HUD-2993). If you 
wish to confirm that HUD received your application, please complete 
this form. This form is optional.
    (I) Client Comment and Suggestions (HUD-2994). If you wish to offer 
comments on the TCUP NOFA, please complete this form. This form is 
optional.
    You may not submit appendices or general support letters or 
resumes. If you submit letters of leveraging commitment, they must be 
included in your response to Factor 4. If you submit other 
documentation, it must be included with the pertinent factor responses 
(taking note of the page limit).

VI. Corrections to Deficient Applications

    After the application due date, HUD may not, consistent with its 
regulations in 24 CFR part 4, subpart B, consider any unsolicited 
information you, the applicant, may want to provide. HUD may contact 
you, however, to clarify an item in your application or to correct 
technical deficiencies. You should note, however, that HUD may not seek 
clarification of items or responses that improve the substantive 
quality of your response to any rating factors. In order not to 
unreasonably exclude applications from being rated and ranked, HUD may, 
however, contact applicants to ensure proper completion of the 
application and will do so on a uniform basis for all applicants. 
Examples of curable (correctable) technical deficiencies include your 
failure to submit the proper certifications or your failure to submit 
an application that contains an original signature by an authorized 
official. In each case, HUD will notify you in writing by describing 
the clarification or technical deficiency. HUD will notify applicants 
by facsimile or by mail, return receipt requested. You must submit 
clarifications or corrections of technical deficiencies in accordance 
with the information provided by HUD within 14 calendar days of the 
date of receipt of the HUD notification. If your deficiency is not 
corrected within this time period, HUD will reject your application as 
incomplete, and it will not be considered for funding.

VII. Environmental Requirements

    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 that implement section 102(2)(C) of the 
National Environmental Policy Act of 1969. The Finding of No 
Significant Impact is available for public inspection between 7:30a.m. 
and 5:30 p.m. weekdays in the Office of the Rules Docket Clerk in Room 
10276 of the HUD Headquarters Building.
    Environmental Review. Certain eligible activities under this NOFA 
are categorically excluded from review under the National Environmental 
Policy Act of 1969 (42 U.S.C. 4321) and are not subject to review under 
related laws, in accordance with 24 CFR 50.19 (b)(1), (b)(3), (b)(12), 
or (b)(14). Selection for award does not constitute approval of any 
proposed sites. If the TCUP application proposes the use of grant funds 
to assist any non-exempt activities, following selection for award, HUD 
will perform an environmental review of activities proposed for 
assistance under the program, in accordance with 24 CFR part 50. The 
results of the environmental review may require that your proposed 
activities be modified or that your proposed sites be rejected. You are 
particularly cautioned not to undertake or commit funds for acquisition 
or development of proposed properties prior to HUD approval of specific 
properties or areas. Your application constitutes an assurance that 
your institution will assist HUD to comply with part 50; will supply 
HUD with all available and relevant information to perform an 
environmental review for each proposed property; will carry out 
mitigating measures required by HUD or select alternate property; and 
will not acquire, rehabilitate, convert, lease, repair, or construct 
property and not commit or expend HUD or local funds for these program 
activities with respect to any eligible property until HUD approval of 
the property is received. In supplying HUD with environmental 
information, you should use the same guidance as provided in the HUD 
Handbook entitled ``Field Environmental Review Processing for HUD 
Colonias Initiative Grants'' issued January 27, 1999.

VIII. Other Matters

    (A) Executive Order 13132, Federalism. Executive Order 13132 
(entitled ``Federalism'') prohibits, to the extent practicable and 
permitted by law, an agency from promulgating policies that have 
federalism implications and either impose substantial direct compliance 
costs on State and local governments and are not required by statute, 
or preempt State law, unless the relevant requirements of section 6 of 
the Executive Order are met. This NOFA does not have federalism 
implications and does not impose substantial direct compliance costs on 
State and local governments or preempt State law within the meaning of 
the Executive Order.
    (B) 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 you 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 (TDHEs) 
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.
    (C) 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,

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subpart A, contain a number of provisions that are designed to ensure 
greater accountability and integrity in the provision of certain types 
of assistance administered by HUD. On January 14, 1992 (57 FR 1942), 
HUD published a notice that also provides information on the 
implementation of section 102. The documentation, public access, and 
disclosure requirements of section 102 apply to assistance awarded 
under this SuperNOFA as follows:
    (1) Documentation and public access requirements. HUD will ensure 
that documentation and other information regarding each application 
submitted pursuant to this SuperNOFA are sufficient to indicate the 
basis upon which assistance was provided or denied. This material, 
including any letters of support, will be made available for public 
inspection for a 5-year period beginning not less than 30 days after 
the award of the assistance. Material will be made available in 
accordance with the Freedom of Information Act (5 U.S.C. 552) and HUD's 
implementing regulations in 24 CFR part 15.
    (2) Disclosures. HUD will make available to the public for 5 years 
all applicant disclosure reports (HUD Form 2880) submitted in 
connection with this SuperNOFA. Update reports (update information also 
reported on Form 2880) will be made available along with the applicant 
disclosure reports, but in no case for a period less than 3 years. All 
reports--both applicant disclosures and updates--will be made available 
in accordance with the Freedom of Information Act (5 U.S.C. 552) and 
HUD's implementing regulations at 24 CFR part 5.
    (3) Publication of Recipients of HUD Funding. HUD's regulations at 
24 CFR 4.7 provide that HUD will publish a notice in the Federal 
Register on at least a quarterly basis to notify the public of all 
decisions made by the Department to provide:
    (i) Assistance subject to section 102(a) of the HUD Reform Act; or
    (ii) Assistance that is provided through grants or cooperative 
agreements on a discretionary (non-formula, non-demand) basis, but that 
is not provided on the basis of a competition.
    (D) 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, subpart B, 
apply to this funding competition. The regulations continue to apply 
until the announcement of the selection of successful applicants. HUD 
employees involved in the review of applications and in the making of 
funding decisions are limited by the regulations from providing advance 
information to any person (other than an authorized employee of HUD) 
concerning funding decisions, or from otherwise giving any applicant an 
unfair competitive advantage. Persons who apply for assistance in this 
competition should confine their inquiries to the subject areas 
permitted under 24 CFR part 4.
    Applicants or employees who have ethics related questions should 
contact the HUD Ethics Law Division at (202) 708-3815. (This is not a 
toll-free number.) For HUD employees who have specific program 
questions, the employee should contact the appropriate field office 
counsel, or Headquarters counsel for the program to which the question 
pertains.
    (F) Catalogue of Federal Domestic Assistance.
    The Catalogue of Federal Domestic Assistance number is: 14.519.

IX. Authority

    This program was approved by the Congress under the CDBG 
appropriation for Fiscal Year 2001, as part of the FY 2001 HUD 
Appropriations Act (Public Law 106-377). TCUP is being implemented 
through this NOFA and the policies governing its operation are 
contained herein.

    Dated: May 7, 2001.
Mel Martinez,
Secretary.

Appendix A

    The standard forms, which follow, are required for your TCUP 
application.

Appendix B

    The non-standard forms, which follow, are required for your TCUP 
application.

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