[Federal Register Volume 68, Number 23 (Tuesday, February 4, 2003)]
[Notices]
[Pages 5735-5738]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-2339]


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DEPARTMENT OF THE TREASURY

Community Development Financial Institutions Fund


Notice of Funds Availability (NOFA) Inviting Applications for the 
Community Development Financial Institutions Program `` Technical 
Assistance Component (incorporating Native American Technical 
Assistance)

AGENCY: Community Development Financial Institutions Fund, Department 
of the Treasury.

ACTION: Notice of funds availability (``NOFA'') inviting applications 
for the FY 2003 and FY 2004 funding rounds of the Technical Assistance 
Component of the Community Development Financial Institutions 
(``CDFI'') Program.

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SUMMARY: This NOFA is issued in connection with the FY 2003 and FY 2004 
funding rounds of the Technical Assistance Component of the CDFI 
Program. Through the Technical Assistance Component of the CDFI 
Program, the Community Development Financial Institutions Fund (the 
``Fund'') provides technical assistance (``TA'') grants to CDFIs, and 
entities proposing to become CDFIs, in order to build their capacity to 
better address the community development and capital access needs of 
their particular target markets, including Native American, Alaska 
Native, and Native Hawaiian communities.
    Subject to funding availability, the Fund expects that it may award 
approximately $13 million for FY 2003 awards, and approximately $4.5 
million for FY 2004 awards, in appropriated funds under this Technical 
Assistance Component NOFA. The Fund expects that, within the FY 2003 
amount, it will award up to $3 million to CDFIs, and entities proposing 
to become CDFIs, that principally serve Native American, Alaska Native 
and/or Native Hawaiian communities. The Fund reserves the right to 
award in excess of said funds under this NOFA provided that the 
appropriated funds are available and the Fund deems it appropriate. The 
Fund reserves the right to re-allocate funds from the amount that is 
anticipated to be available under this NOFA to other Fund programs, 
particularly if the Fund determines that the number of awards made 
under this NOFA is fewer than projected. The Fund intends to make 
information available on its Web site about the level of dollars 
remaining available on a regular basis.
    Applicants should note that the Fund expects that the funding round 
for this NOFA (and the NOFA for the NACD Program, also published in the 
Federal Register on this date) will extend over a two-year funding 
round, subject to funding availability and Fiscal Year 2004 
appropriations.
    Under this NOFA, the Fund anticipates making TA grants up to 
$50,000 per Technical Assistance Component awardee and up to $100,000 
per awardee principally serving Native American, Alaska Native, or 
Native Hawaiian communities. The Fund, in its sole discretion, reserves 
the right to award amounts in excess of the anticipated maximum award 
amount if the Fund deems it appropriate. The Fund reserves the right to 
fund, in whole or in part, any, all, or none of the applications 
submitted in response to this NOFA.
    The interim rule (12 CFR part 1805), also published in this issue 
of the Federal Register, provides guidance on evaluation criteria and 
other requirements of the CDFI Program. Detailed application content 
requirements are found in the application related to this NOFA. The 
Preamble to the Fund's NOFAs, published in this issue of the Federal 
Register also specifies other program information, including 
eligibility requirements, for each of the Fund's programs. While the 
Fund encourages applicants to review the interim rule and the Preamble 
to the NOFAs, all of the application content requirements and the 
evaluation criteria set forth in the interim rule are set forth in the 
application.

DATES: Simultaneously with or shortly following the publication of this 
NOFA, the Fund will make available the FY 2003 funding application on 
its Web site at http://www.cdfifund.gov. Applicants may download the 
application from the Fund's Web site or request application packages by 
contacting the Fund, as described below.
    The Fund will accept and review applications under this Technical 
Assistance Component NOFA as they are submitted and in the order in 
which they are submitted. Applications may be submitted at any time, 
commencing with the date of the publication of this NOFA. Applications 
must be received in the specific Bureau of the Public Debt--Franchise 
Services (BPD) office designated below not later than 5 p.m. ET on May 
31, 2004. Any applicant whose application is declined may submit a new 
application before May 31, 2004. Applications received in the specific 
BPD office designated below after that date and time will be rejected 
and returned to the sender.
    Applications sent by facsimile or e-mail will not be accepted; 
however, an electronic application may be made available for this NOFA 
at a later date and, if so, its availability and related guidance will 
be announced on the Fund's Web site.

ADDRESSES: Applications must be sent to: CDFI Fund Awards Manager, TA 
Component, Bureau of Public Debt--Franchising, 200 Third Street, Room 
211, Parkersburg, WV 26101. The telephone number to be used in 
conjunction with overnight mailings to this address is (304) 480-5450. 
Applications will not be accepted at the Fund's offices. Applications 
received in the Fund's offices will be rejected and returned to the 
sender.

FOR FURTHER INFORMATION CONTACT: If you have any questions about the 
programmatic requirements for this program, contact the Fund's Program 
Operations Manager. If you have questions regarding administrative 
requirements, contact the Fund's Awards Manager. The Program Operations 
Manager and the Awards Manager may be reached by e-mail at 
[email protected], by telephone at (202) 622-6355, by facsimile 
at (202) 622-7754, or by mail at CDFI Fund, 601 13th Street, NW., Suite 
200 South, Washington, DC 20005. These are not toll free numbers. 
Applications and other information regarding the Fund and its programs 
may be downloaded and printed from the Fund's Web site at http://www.cdfifund.gov or requested by contacting the Fund, as described 
above. Allow at least one to two weeks from the date the Fund receives 
the request for receipt of the application.

SUPPLEMENTARY INFORMATION: 

I. Eligibility

    The Act and the interim rule specify the eligibility requirements 
that each applicant must meet in order to be eligible to apply for 
assistance under this NOFA. The following sets forth additional details 
and certain additional dates that relate to the submission of 
applications under this NOFA:
    (1) Eligible Applicants: Eligible applicants for the Technical 
Assistance Component of the CDFI Program consist of CDFIs and entities 
proposing to become CDFIs.

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    (2) Certification: For purposes of this Technical Assistance 
Component NOFA, eligible applicants consist of:
    (i) Certified CDFIs whose certifications expire after June 30, 
2003;
    (ii) Entities that submit complete applications evidencing CDFI 
certification prior to or simultaneous with applications under this 
NOFA; or
    (iii) Entities that demonstrate in their certification applications 
that, in the judgment of the Fund, they have reasonable plans to become 
certified CDFIs by January 31, 2005 (for applications received by May 
31, 2003) or by January 31, 2006 (for applications received between 
June 1, 2003 and May 31, 2004). Applicants must be certified by the 
applicable date. Applicants may obtain CDFI certification applications 
through the Fund's Web site at http://www.cdfifund.gov.
    (3) Previous Awardees: Applicants must be aware that success in a 
previous round of the CDFI Program or the Native American CDFI 
Technical Assistance (``NACTA'') Program is not indicative of success 
under this NOFA. Previous awardees are eligible to apply under this 
NOFA, except as follows:
    (a) Any entity that has received a Notice of Award from the Fund 
for a previous CDFI Program or NACTA Program funding round, but that 
has not submitted a CDFI certification application nor been certified 
as a CDFI, is not eligible to receive funding under this NOFA (see 
Certification section, above);
    (b) The Fund is generally prohibited from obligating more than $5 
million in assistance, in the aggregate, to any one organization and 
its Subsidiaries and Affiliates during any three-year period (further 
guidance on the calculation of the $5 million cap is available on the 
Fund's Web site at http://www.cdfifund.gov);
    (c) The Fund will not consider an application submitted by an 
applicant that is a previous Fund awardee under any Fund program or 
component of the CDFI Program if the applicant has failed to meet its 
reporting requirements, set forth in a previously executed assistance 
or award agreement(s), as of the date an application for funding under 
this NOFA is received by the Fund; and
    (d) The Fund will not consider an application submitted by an 
applicant that is a previous Fund awardee under any Fund program or 
component of the CDFI Program that has a balance of undisbursed funds 
under said previous award, as of the date an application for funding 
under this NOFA is received by the CDFI Fund. Accordingly, applicants 
that are previous awardees are advised to:
    (i) Submit all required reports by the deadlines specified in the 
assistance or award agreements governing said prior awards and to 
comply with all requirements found therein, and
    (ii) Contact the appropriate Program Operations representative of 
the Fund to ensure that all necessary actions are underway for the 
disbursement of any outstanding balance of said prior award. In 
addition, in order to focus its resources on applicants that are most 
in need of TA awards, the Fund does not expect to make awards under 
this NOFA to any entity that has received Fund awards under the CDFI 
Program or the NACTA Program in excess of $250,000, in the aggregate.
    (4) Serving a Native American, Alaska Native, or Native Hawaiian 
community: For the purposes of this NOFA, the Fund will determine, in 
its sole discretion, that an applicant serves a Native American, Alaska 
Native, or Native Hawaiian community if greater than 50 percent of its 
historic and projected activities benefit Native American, Alaska 
Native, or Native Hawaiian individuals.
    (5) Designation of Targeted Population: For purposes of this NOFA, 
the Fund will use the following definitions, set forth in the Office of 
Management and Budget (OMB) Notice, Revisions to the Standards for the 
Classification of Federal Data on Race and Ethnicity (October 30, 
1997):
    (a) American Indian, Native American or Alaska Native: a person 
having origins in any of the original peoples of North and South 
America (including Central America) and who maintains tribal 
affiliation or community attachment; and
    (b) Native Hawaiian: a person having origins in any of the original 
peoples of Hawaii.

II. Types of Assistance

    An applicant may only submit an application for a TA grant under 
this NOFA. The Fund reserves the right, in its sole discretion, to 
provide a TA grant for uses other than that which is requested by an 
applicant.
    Applicants for TA grants under this NOFA shall describe the type(s) 
of TA requested, when the TA will be acquired, the provider(s) of the 
TA, the cost of the TA, and a narrative description of how the TA will 
enhance their community development impact. Eligible types of TA grant 
uses include, but are not limited to, the following:
    (1) Acquiring consulting services;
    (2) Paying staff salary for the limited purposes of completing 
tasks and/or fulfilling functions that are otherwise eligible TA grant 
uses under this NOFA;
    (3) Acquiring/enhancing technology items; and
    (4) Acquiring training for staff or management.
    The Fund will generally not consider requests for TA grants under 
this NOFA for expenses that, in the determination of the Fund, are 
deemed to be ongoing operating expenses rather than non-recurring 
expenses. The Fund will consider requests for use of TA to pay for 
staff salary only when the applicant demonstrates, to the Fund's 
satisfaction, that:
    (i) The staff salary relates directly to building the applicant's 
capacity to serve its target market;
    (ii) The proposed staff time to be paid for by the TA grant will be 
used for a non-recurring activity that will build the applicant's 
capacity to achieve its objectives as set forth in its application;
    (iii) The proposed capacity-building activity would otherwise be 
contracted to a consultant or not be undertaken; and
    (iv) The staff person assigned to the proposed task has the 
competence to successfully complete the activity. The Fund may consider 
funding requests for other staff salary uses, deemed appropriate by the 
Fund in its sole discretion, particularly for applicants that have been 
in operation 24 months or less as of the date of application. Further 
guidance on the limited uses of TA grants for staff salary expenditures 
is available on the Fund's Web site at http://www.cdfifund.gov.

III. Application

    Applicants under this NOFA must submit all materials described in 
the applicable application form. An application must include a valid 
and current Employer Identification Number, issued by the Internal 
Revenue Service, or the application will be rejected as incomplete and 
returned to the sender.

IV. Evaluation

    For purposes of this NOFA, the Fund will evaluate applications 
through a merit-based, qualitative application process, as they are 
submitted and in the order in which they are submitted, until such 
point as all appropriated funds allocated for this NOFA are obligated 
or May 31, 2004, whichever occurs first. Applications submitted after 
that point will not be considered for funding; said applications will 
be rejected and returned to the sender.
    All applications will be reviewed for eligibility and completeness. 
If determined to be eligible and complete, the Fund will conduct the 
substantive review of each application in

[[Page 5737]]

accordance with the criteria and procedures described in the interim 
regulations, this NOFA and the application. In the first part of the 
substantive review, the Fund will evaluate each application on a 100-
point scale, comprising the four criteria categories set forth below, 
and assign numeric scores. Applicants must score at least 10 points for 
each of criteria 1, 2, and 3; and at least 20 points for criteria 4. 
Applicants whose applications are assigned 60 points or more will be 
considered for TA awards.
    (1) Market Need and CDFI Strategy: including a review of the 
applicant's understanding of its market context, its current and 
prospective customers, the extent of economic distress within the 
designated Investment Area(s) or the extent of need within the 
designated Targeted Population(s), the extent of need for the CDFI, the 
level of support for the Target Market, and the appropriateness of the 
proposed products, services and delivery strategy to meet the needs in 
the market. For any entity that has already received an award from the 
Fund, the applicant also will be evaluated on the extent to which it 
proposes to create greater community development impact than to be 
achieved through the prior award and its track record in meeting 
previous performance goals and other Assistance Agreement requirements 
(maximum 20 points);
    (2) Management: including a review of the applicant's current and 
proposed management team, governing board, and key staff, its policies 
and procedures for financial management, and its track record in 
underwriting and portfolio management and ability to achieve the 
objectives set forth in its application and to successfully use the 
requested TA. For any applicant that has received one or more prior 
awards through the CDFI Program, the Fund will consider the extent to 
which the applicant has submitted required reports in a timely manner 
and otherwise complied with the Fund's requirements (maximum 20 
points);
    (3) Financial Health and Resources: including a review of the 
applicant's financial strength, its liquidity, and the likelihood of 
obtaining resources to sustain operations, and a clear indication that 
the CDFI will not be fiscally dependent on the Fund (maximum 20 
points); and
    (4) Community Development Performance and Effective Use of TA: 
including the projected level of activity within the Target Market; the 
extent to which the proposed activities are expected to promote 
homeownership, affordable housing development, economic development, 
provision of affordable financial services, and other community 
development objectives; the extent to which the applicant needs the 
Fund's assistance to achieve the objectives set forth in its 
application; and the likelihood that the Fund's assistance will enhance 
the applicant's ability to effectively serve its Target Market and 
achieve community development impact (maximum 40 points).
    Fund reviewers will evaluate and score each application and make 
recommendations for funding to the Fund's selecting official. As part 
of the substantive review process, applicants may receive a telephone 
interview or an on-site visit by Fund reviewers for the purpose of 
obtaining, clarifying, or confirming information. During the review 
process, the applicant may be required to submit additional information 
about its application in order to assist the Fund in its final 
evaluation process. Such requests must be responded to within the time 
parameters set by the Fund.
    In the case of an applicant that has previously received funding 
from the Fund under the Bank Enterprise Award (BEA) Program, CDFI 
Program or the Native American CDFI Technical Assistance (NACTA) 
Program, the Fund will consider, as appropriate:
    (a) The applicant's level of success and extent of compliance in 
meeting its performance goals, financial soundness covenants (if 
applicable), reporting requirements and other requirements set forth in 
the assistance or award agreement(s) with the Fund;
    (b) The benefits that will be created with new Fund assistance over 
and above benefits created by previous Fund assistance; and
    (c) The extent and effectiveness to which the applicant has used 
previous assistance from the Fund.
    The Fund's selecting official will make a final funding 
determination based on the applicant's file, reviewer scores and 
recommendations, and the amount of funds available. In the case of 
regulated CDFIs, the selecting official will also take into 
consideration the views of the appropriate Federal banking agencies.
    Each applicant will be informed of the Fund's award decision either 
through a Notice of Award if selected for an award (see Notice of Award 
section, below) or a declination letter, if not selected for an award, 
which may be for reasons of application incompleteness, ineligibility 
or substantive issues. Any applicant that is not selected for an award 
due to application incompleteness or ineligibility, and that believes 
that such decision was made in error, may appeal said decision by 
notifying the Fund's Awards Manager in writing or by e-mail (at 
[email protected], Attention: Awards Manager); such appeals must 
be received by the Fund within five business days of the date of the 
declination letter. Such appeal requests will be reviewed by the Fund's 
Deputy Director for Management and the Deputy Director for Policy and 
Programs, as appropriate, whose decision will be final. All applicants 
that are not selected for awards based on substantive issues, will be 
given the opportunity to request feedback on the strengths and 
weaknesses of their applications. This feedback will be provided in a 
format and within a timeframe to be determined by the Fund, based on 
available resources.
    The Fund reserves the right to change these evaluation procedures 
if the Fund deems it appropriate; if said procedural changes materially 
affect the Fund's award decisions, the Fund will provide information 
regarding the procedural changes through the Fund's Web site.

VI. Notice of Award

    The Fund will signify its selection of an applicant as an awardee 
by delivering a signed Notice of Award to the applicant. The Notice of 
Award will contain the general terms and conditions underlying the 
Fund's provision of assistance including, but not limited to, the 
requirement that an awardee and the Fund enter into an Assistance 
Agreement. The applicant must execute the Notice of Award and return it 
to the Fund. By executing a Notice of Award, the awardee agrees that, 
if prior to entering into an Assistance Agreement with the Fund, 
information comes to the attention of the Fund that either adversely 
affects the awardee's eligibility for an award, or adversely affects 
the Fund's evaluation of the awardee's application, or indicates fraud 
or mismanagement on the part of the awardee, the Fund may, in its 
discretion and without advance notice to the awardee, terminate the 
Notice of Award or take such other actions as it deems appropriate. 
Moreover, by executing a Notice of Award, an awardee agrees that, if 
prior to entering into an Assistance Agreement with the Fund, the Fund 
determines that the awardee is not in compliance with the terms of any 
previous Assistance Agreement entered into with the Fund, the Fund may, 
in its discretion and without advance notice to the awardee, either 
terminate the Notice of Award or take such other actions as it deems 
appropriate. The Fund reserves the right, in its sole discretion, to 
rescind its award if the

[[Page 5738]]

awardee fails to return the Notice of Award, signed by the authorized 
representative of the awardee, along with any other requested 
documentation, within the deadline set by the Fund.

VII. Assistance Agreement

    Each applicant that is selected to receive an award under this NOFA 
must enter into an Assistance Agreement with the Fund. The Assistance 
Agreement will set forth certain required terms and conditions of the 
award, which will include, but not be limited to:
    (a) The amount of the award;
    (b) The approved uses of the award;
    (c) The approved Target Market to which the award must be targeted;
    (d) Performance goals and measures; and
    (e) Reporting requirements for all awardees.
    Assistance Agreements under this NOFA will generally have two-year 
performance periods. The Fund reserves the right, in its sole 
discretion, to rescind its award if the awardee fails to return the 
Assistance Agreement, signed by the authorized representative of the 
awardee, along with any other requested documentation, within the 
deadline set by the Fund.

VIII. Reporting and Monitoring

    The Fund will collect information, on at least an annual basis, 
from all CDFI Program awardees, including:
    (a) Annual reports related to, among other matters, awardee 
compliance with the performance goals and measures set forth in the 
Assistance Agreement;
    (b) Audited financial statements;
    (c) Annual surveys; and
    (d) Such other information as the Fund may require, including loan 
level data.
    The Fund will use such information to monitor each awardee's 
compliance with the requirements set forth in the Assistance Agreement. 
The Fund will also use such information to assess the impact of the 
CDFI Program. The Fund reserves the right, in its sole discretion, to 
modify these reporting requirements if it determines it to be 
appropriate and necessary; however, such reporting requirements will be 
modified only after due notice to the awardee.
    The Fund reserves the right, in accordance with applicable Federal 
law and if authorized, to charge award reservation and/or compliance 
monitoring fees to all entities receiving CDFI Program awards. Prior to 
imposing any such fee, the Fund will publish additional information 
concerning the nature and amount of the fee.

IX. Information Sessions

    In connection with the Fiscal Year 2003 funding rounds of its 
programs, the Fund may conduct Information Sessions to disseminate 
information to organizations contemplating applying to, and other 
organizations interested in learning about, the Technical Assistance 
and Financial Assistance Components of the CDFI Program, the NACD 
Program, and the BEA Program. For further information on the Fund's 
Information Sessions, dates and locations, or to register online to 
attend an Information Session, please visit the Fund's Web site at 
http://www.cdfifund.gov or call the Fund at (202) 622-8401.

(Catalog of Federal Domestic Assistance: 21.020)

    Authority: 12 U.S.C. 4703, 4703 note, 4704, 4706, 4707, 4717; 12 
CFR part 1805.

    Dated: January 27, 2003.
Tony T. Brown,
Director, Community Development Financial Institutions Fund.
[FR Doc. 03-2339 Filed 2-3-03; 8:45 am]
BILLING CODE 4810-70-P