[Federal Register Volume 68, Number 65 (Friday, April 4, 2003)]
[Notices]
[Pages 16672-16705]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-8174]



[[Page 16671]]

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Part V





Department of Housing and Urban Development





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Notice of Funding Availability for HOPE VI Demolition Grants Fiscal 
Year 2002; Notice

  Federal Register / Vol. 68, No. 65 / Friday, April 4, 2003 / 
Notices  

[[Page 16672]]


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DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

[Docket No. FR-4801-N-01]


Notice of Funding Availability for HOPE VI Demolition Grants 
Fiscal Year 2002

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

ACTION: Notice of Funding Availability (NOFA).

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SUMMARY: This NOFA announces the availability of approximately $ 40 
million in Fiscal Year (FY) 2002 funds for HOPE VI Demolition Grants.

I. Program Overview

    (A) Purpose of the Program. The purpose of HOPE VI Demolition 
grants is to assist public housing agencies (PHAs) to demolish severely 
distressed public housing and provide relocation and other supportive 
services for residents.
    (B) Available Funds. Approximately $40 million, in accordance with 
Section II of this NOFA, below.
    (C) Eligible Applicants. PHAs that operate severely distressed 
public housing. PHAs that only administer the Housing Choice Voucher 
Program, Tribal Housing Authorities and Tribally Designated Housing 
Entities are ineligible to apply.
    (D) Application Deadline. Demolition grant applications are due on 
June 3, 2003, as described in Section IV of this NOFA.
    (E) Authority.
    (1) The funding authority for HOPE VI Demolition grants under this 
HOPE VI NOFA is provided by the FY 2002 Department of Veterans Affairs 
and Housing and Urban Development and Independent Agencies 
Appropriations Act, 2002 (Public Law 107-73, approved on November 26, 
2001) (FY 2002 HUD Appropriations Act) under the heading 
``Revitalization of Severely Distressed Public Housing (HOPE VI).'' The 
FY 2002 HUD Appropriations Act provides that these HOPE VI funds 
``remain available until September 30, 2003.''
    (2) The program authority for the HOPE VI Program is section 24 of 
the United States Housing Act of 1937 (42 U.S.C. 1437v) (the 1937 Act), 
as added by section 535 of the Quality Housing and Work Responsibility 
Act of 1998 (Public Law 105-276, 112 Stat. 2461, approved October 21, 
1998) (QHWRA).

II. Allocation of HOPE VI Funds

------------------------------------------------------------------------
                                                        Funds available
                                      Allocation of    for award in this
        Type of assistance                funds             HOPE VI
                                      (approximate)     demolition NOFA
                                                         (approximate)
------------------------------------------------------------------------
Revitalization Grants.............       $492,485,000  .................
Demolition Grants.................         40,000,000        $40,000,000
Neighborhood Networks.............          5,000,000  .................
Technical Assistance..............          6,250,000  .................
Housing Choice Voucher Assistance.         30,000,000  .................
                                   --------------------
      Total.......................       $573,735,000        $40,000,000
------------------------------------------------------------------------

    (A) Revitalization Grants. Approximately $492.5 million of the FY 
2002 HOPE VI appropriation has been allocated to fund HOPE VI 
Revitalization grants and will be awarded in accordance with a separate 
HOPE VI Revitalization Grants NOFA.
    (B) Demolition Grants. Approximately $40 million of the FY 2002 
HOPE VI appropriation has been allocated to fund HOPE VI Demolition 
grants and will be awarded in accordance with this HOPE VI Demolition 
Grants NOFA.
    (C) Neighborhood Networks. The FY 2002 appropriation for HOPE VI 
allocated $5 million for a Neighborhood Networks initiative for 
activities authorized in section 24(d)(1)(G) of the 1937 Act, which 
provides for the establishment and operation of computer centers in 
public housing for the purpose of enhancing the self-sufficiency, 
employability, and economic self-reliance of public housing residents 
by providing them with onsite computer access and training resources. 
The availability of these funds will be announced in a separate NOFA, 
and, in accordance with the appropriation, they will be awarded to PHAs 
on a competitive basis.
    (D) Technical Assistance. The FY 2002 appropriation for HOPE VI 
allocated $6.25 million to provide technical assistance and contract 
expertise in the HOPE VI Program, to be provided directly by grants, 
contracts, or cooperative agreements, including training and cost of 
necessary travel for participants in such training, by or to officials 
and employees of HUD and of PHAs and to residents. The Office of Public 
Housing Investments will administer technical assistance funds.
    (E) Housing Choice Voucher Program. The cost of assistance under 
the Housing Choice Voucher Program that will be provided to FY 2002 
HOPE VI Revitalization and Demolition grantees will come from the FY 
2002 HOPE VI appropriation. Approximately $30 million will be allocated 
for such assistance. If this amount is more than the amount necessary, 
the remaining funds will be made available for obligation before 
September 30, 2003.
    (1) If you anticipate that you will need Housing Choice Voucher 8 
assistance in order to carry out necessary relocation in conjunction 
with proposed demolition during FY 2003, your application must include 
the number of vouchers you will need, both in total and in FY 2003, and 
a Housing Choice Voucher application.
    (2) If you will need Housing Choice Voucher assistance in fiscal 
years beyond FY 2003 for demolition that is being carried out in 
phases, or if you have unused vouchers that are available to be used 
for HOPE VI-related relocation in FY 2003 but will need more for 
subsequent years, you must request additional vouchers only as needed 
during the appropriate fiscal years.
    (3) Housing Choice Voucher assistance cannot be awarded or used to 
relocate residents from units that are to be demolished until HUD has 
approved those units for demolition.
    (4) If you have previously received Housing Choice Voucher 
assistance to relocate residents from the targeted severely distressed 
units, you may still apply for a HOPE VI Demolition Grant to demolish 
the units without replacement.
    (5) You may request Housing Choice Voucher assistance for all units 
covered under a HOPE VI Demolition application to relocate residents 
from units that will not be replaced with hard units.

[[Page 16673]]

    (F) Funding of Previously Nonselected Applications. Notwithstanding 
Section III(E)(4) of the General Section of the FY 2001 SuperNOFA, HUD 
will not use any funds from this HOPE VI Demolition NOFA to fund any 
previous-submitted, nonselected HOPE VI Demolition applications.

III. Application Thresholds

    (A) Each required element of a HOPE VI Demolition grant application 
is a threshold requirement. Your application will not be eligible for 
funding unless each requirement listed in this NOFA is included in your 
application. HUD will give you the opportunity to submit any missing 
information up to the application deadline date, as provided in Section 
XI(C) of this NOFA.

IV. Application Submission Information

    (A) Application.
    (1) The HOPE VI Demolition Grant Application (Application) is 
appended to this NOFA and contains the required elements of the 
program. It provides explicit, specific instructions as to the 
requirements for your HOPE VI Demolition application. Your application 
must conform to the requirements of this HOPE VI Demolition NOFA and 
follow the format described in the Application. The Application is 
designed to guide you through the application process and ensure that 
your application addresses all requirements of this NOFA. Please note 
that if there is a discrepancy between information provided in the 
Application and the information provided in this NOFA, the information 
in the NOFA prevails.
    (2) HUD will mail this NOFA, including the Application, to every 
eligible PHA. In addition, you may also obtain an Application from the 
HOPE VI Information Clearinghouse at 1-866-242-HOPE (1-866-242-4673). 
Persons with hearing or speech impairments may call the Clearinghouse's 
TTY number at 1-800-HUD-2209. When requesting an Application, please be 
sure to request the HOPE VI Demolition Application, and provide your 
name, address (including zip code), and telephone number (including 
area code). The Application also will be available on the HOPE VI Home 
Page http://www.hud.gov/hopevi and the HUD Home Page http://www.hud.gov/grants.
    (B) Application Due Date. Demolition grant applications are due at 
HUD Headquarters on or before 5:15 p.m., Eastern Time, on June 3, 2003. 
This application deadline is firm. Your application must arrive at HUD 
Headquarters by 5:15 p.m., Eastern Time, on the due date. You should 
submit your application early to avoid the risk of loss of eligibility 
brought about by unanticipated delays or other delivery-related 
problems.
    (C) Application Delivery.
    (1) Send one copy of your completed application to Mr. Milan 
Ozdinec, Deputy Assistant Secretary for Public Housing Investments, 
Department of Housing and Urban Development, 451 Seventh Street, SW., 
Room 4130, Washington, DC 20410. Please make sure that you note the 
room number.
    (2) Applications Sent by Overnight Delivery. It is strongly 
recommended that you send your application by an overnight carrier at 
least two days before the application due date. You should use only 
DHL, Falcon Carrier, FedEx, United Parcel Service (UPS), or the U.S. 
Postal Service, as they are the only carriers accepted into the HUD 
building without an escort. Delivery by these services must be made 
during HUD Headquarters business hours, between 8:45 a.m. and 5:15 
p.m., Eastern Time, Monday through Friday. If these companies do not 
serve your area, you must submit your application via the U.S. Postal 
Service.
    (3) No Hand Carried Applications. Due to new security measures, HUD 
will no longer accept hand carried applications.
    (4) You must send one copy of your application to your HUD Field 
Office. The application sent to Headquarters will be the one that must 
meet the deadline. If the Field Office receives an application on time, 
but Headquarters does not, it will not be considered.
    (5) HUD will not accept for review and evaluation any applications 
sent by facsimile (fax). Also do not submit resumes or videos.
    (D) Technical Assistance.
    (1) Before the application due date, HUD staff will be available to 
provide you with general guidance and technical assistance. HUD staff, 
however, is not permitted to assist in preparing your application. If 
you have a question or need clarification, you may call, fax, or write 
Mr. Milan Ozdinec, Deputy Assistant Secretary for Public Housing 
Investments, Department of Housing and Urban Development, 451 Seventh 
Street, SW., Room 4130, Washington, DC 20410; telephone (202) 401-8812; 
fax (202) 401-2370 (these are not toll free numbers). Persons with 
hearing or speech impairments may access this number via TTY by calling 
the Federal Information Relay Service at (800) 877-8339.
    (2) Frequently asked questions, clarifications, and any technical 
amendments will be posted on the HOPE VI Web site at http://www.hud.gov/hopevi. In addition, all materials related to this NOFA, 
including the HOPE VI Demolition Application will be posted to this 
site. Any technical corrections will also be published in the Federal 
Register. Applicants are responsible for monitoring these sites during 
the application preparation period.

V. Eligible Demolition Activities

    (A) Relocation, including reasonable moving expenses, for residents 
displaced as a result of the demolition of the project. See Section IX 
of this NOFA for relocation requirements.
    (B) Demolition of dwelling units in buildings, in whole or in part, 
including the abatement of environmentally hazardous materials such as 
asbestos, in accordance with section 18 of the 1937 Act as amended.
    (C) Demolition of nondwelling structures, if such demolition is 
directly related to the demolition of severely distressed dwelling 
units to be demolished with funds from the HOPE VI Demolition Grant.
    (D) Restoration of the site to a ``Greenfield,'' a clean site by 
removing all demolished materials, filling in the site, and 
establishing a lawn. No additional improvements, such as constructing 
new curbs and gutters, installing playground equipment, installing 
permanent fences, or planting gardens, may be paid for with HOPE VI 
Demolition grant funds.
    (E) In the case of partial demolition of a site, minimal site 
restoration after demolition and subsequent site improvements to 
benefit the remaining portion of the project in order to provide 
project accessibility or to make the site more marketable.
    (F) Reasonable costs for administration, planning, technical 
assistance, and fees and costs that are deemed to be incremental costs 
of carrying out the demolition as specifically approved by HUD.

VI. Demolition Grant Limitations

    (A) Grant Limitations.
    (1) Demolition. You may request up to $6,000 per unit for 
demolition and other eligible related costs.
    (2) Relocation.
    (a) You may request up to $3,000 in relocation costs for each unit 
that is occupied as of the date you submit your HOPE VI Demolition 
grant application.
    (b) At least half of the funds requested for relocation must be 
used to provide mobility counseling and other services to promote the 
self-sufficiency of displaced residents.
    (3) Nondwelling Structures.

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    (a) You may request reasonable amounts to pay for the demolition of 
significant nondwelling structures related to the demolition of 
dwelling units. These costs must be included as part of an application 
for funding of demolition of public housing units; you may not apply 
for them separately. Examples of such costs include community centers 
and heating plants.
    (b) Such costs must be justified and verified by an engineer or 
architect licensed by his or her state licensing board who is not an 
employee of the housing authority or the city. The engineer or 
architect must provide his or her license number and state of 
registration. A Nondwelling Structures Cost Certification is included 
in the HOPE VI Demolition Grant Application.
    (B) HUD recognizes that the HOPE VI grant may not cover the total 
costs of relocation, abatement, and demolition in all cases and that 
you may have to provide additional funding from other sources.
    (C) You may not use HOPE VI Demolition Grant funds to pay for any 
demolition or related activities carried out before the date of the 
letter announcing the award of the HOPE VI Grant.

VII. Site and Unit Requirements

    (A) Demolition Site and Unit Application Guidelines.
    (1) You may submit up to five HOPE VI Demolition grant applications 
that target a total of no more than 2,500 severely distressed public 
housing units.
    (2) You may target units in only one public housing project (i.e. 
units that have the same project number) per application.
    (3) You may submit more than one application targeting units in a 
single housing project.
    (4) You may target as many or as few units per application as you 
wish.
    (5) Unless otherwise indicated, the Executive Director of the 
applicant PHA, or his or her designate, must sign each form or 
certification, whether part of an attachment or a Standard 
Certification. Signatures need not be original.
    (B) Separability. In accordance with section 24(j)(2)(A)(v) of the 
1937 Act, if you propose to target only individual buildings of a 
project for demolition, you must:
    (1) Demonstrate to HUD's satisfaction that the severely distressed 
public housing is sufficiently separated from the remainder of the 
project of which the building is part to make demolition of the 
building feasible, and
    (2) Demonstrate that the plan for the demolished portion will 
provide defensible space for the occupants of the remaining 
building(s). Separations may include a road, berm, catch basin, or 
other recognized neighborhood distinction.
    (C) Appropriateness of Proposal. In accordance with section 
24(e)(1) of the 1937 Act, each application must demonstrate the 
appropriateness of the proposal in the context of the local housing 
market relative to other alternatives. You must briefly discuss other 
possible alternatives to your proposal, and explain why your plan is 
more appropriate. This is a statutory requirement as well as an 
application threshold.
    Examples of alternative proposals may include:
    (1) Rebuilding on the site and/or building off-site replacement 
public housing in isolated, non-residential, or otherwise inappropriate 
areas.
    (2) Proposing a range of incomes, housing types (rental vs. 
homeownership, market rate vs. public housing, townhouse vs. detached 
house, etc.), or costs that cannot be supported by a market analysis.
    (3) Targeting the land for something other than its highest and 
best use, given market conditions and the social goals of your agency.

VIII. Severe Distress

    (A) Severe Distress.
    (1) The targeted public housing project or building in a project 
must be severely distressed. In accordance with section 24(j)(2) of the 
1937 Act, the term ``severely distressed public housing'' means a 
public housing project (or building in a project) that:
    (a) Requires major redesign, reconstruction or redevelopment, or 
partial or total demolition, to correct serious deficiencies in the 
original design (including inappropriately high population density), 
deferred maintenance, physical deterioration or obsolescence of major 
systems, and other deficiencies in the physical plant of the project; 
and
    (b) Is a significant contributing factor to the physical decline 
of, and disinvestment by, public and private entities in the 
surrounding neighborhood; and
    (c)(i) Is occupied predominantly by families who are very low-
income families with children, are unemployed, and dependent on various 
forms of public assistance; or
    (ii) Has high rates of vandalism and criminal activity (including 
drug-related criminal activity) in comparison to other housing in the 
area; and
    (d) Cannot be revitalized through assistance under other programs, 
such as the Capital and Operating Funds Programs for public housing 
under the Act, or the programs under sections 9 and 14 of the 1937 Act 
(as in effect before the effective date under section 503(a) of QHWRA) 
because of cost constraints and inadequacy of available amounts.
    (B) Demonstration of Severe Distress. Units will be considered 
severely distressed if:
    (1) They are included in a HUD-approved Section 202 Mandatory 
Conversion Plan. The Section 202 Conversion Plan must be approved by 
HUD on or before the HOPE VI Demolition grant application due date;
    (2)(a) They are included in a Section 202 Mandatory Conversion Plan 
that you have submitted to HUD on or before the HOPE VI Demolition 
grant application deadline date, or
    (b) They are, in HUD's sole determination under section 537(c) of 
QHWRA, subject to the removal requirements of 24 CFR part 971 and can 
be expected to be demolished in accordance with the time schedule 
required by Section IV(F)(1) of this NOFA;
    (3) They are included in a HUD-approved application for demolition 
that was developed in accordance with section 18 of the 1937 Act, as 
amended (``section 18 demolition application''); or
    (4) They are included in a HUD-approved Revitalization Plan as part 
of a HOPE VI Revitalization grant.

IX. Relocation

    (A) General. You must provide suitable, decent, safe, and sanitary 
housing for each family required to relocate as a result of demolition 
activities. The relocation requirements of the Uniform Relocation 
Assistance and Real Property Acquisition Policies Act of 1970 (42 
U.S.C. 4201-4655) (URA) and the implementing government-wide 
regulations at 49 CFR part 24 cover any person who moves permanently 
from real property or moves personal property from real property 
directly because of demolition for an activity undertaken with HUD 
assistance.
    CPD Notice 02-08, entitled ``Guidance on the Application of the 
Uniform Relocation Assistance and Real Property Acquisition Act of 1970 
(URA), as Amended, in HOPE VI Projects,'' outlines the URA requirements 
and describes the framework for operating its relocation assistance 
activities connected with HOPE VI revitalization and demolition 
activities. Applicants

[[Page 16675]]

should use this document as a guide for formulating and implementing 
their HOPE VI Relocation Plans.
    (B) Standard Relocation Requirements. You must carry out relocation 
activities in compliance with a relocation plan that conforms to the 
following statutory and regulatory requirements, as applicable:
    (1) Relocation as a result of demolition approved by a section 18 
demolition application is subject to the URA and section 18 of the 1937 
Act.
    (2) Relocation as a result of demolition approved as part of a 
Section 202 Mandatory Conversion Plan is subject to the URA.
    (3) Relocation as a result of demolition approved as part of a HOPE 
VI Revitalization Plan is subject to the URA.
    (C) Relocation Guidelines.
    (1) Each applicant requesting funds for relocation must complete, 
as a condition for receipt of HOPE VI Demolition Grant funds, a HOPE VI 
Relocation Plan. In your application, you must provide a certification 
that you have completed a HOPE VI Relocation Plan, and that it conforms 
to the URA requirements described above.
    (2) You are encouraged to involve HUD-approved housing counseling 
agencies, including faith-based, non-profit and/or other organizations 
and/or individuals in the community to which relocatees choose to move, 
in order to ease the transition and minimize the impact on the 
neighborhood.
    (3) If applicable, you are encouraged to work with surrounding 
jurisdictions to assure a smooth transition if residents choose to move 
from your jurisdiction to the surrounding area.
    (4) No relocation costs incurred before the award of the HOPE VI 
Grant may be reimbursed.

X. Fair Housing and Equal Opportunity

    (A) Compliance with Fair Housing and Civil Rights Laws.
    (1) 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) enumerated at 24 CFR 
1003.601, as applicable.
    (2) If you, the applicant:
    (i) Have been charged with a systemic violation of the Fair Housing 
Act alleging ongoing discrimination;
    (ii) Are a defendant in a Fair Housing Act lawsuit filed by the 
Department of Justice alleging an on-going pattern or practice of 
discrimination; or,
    (iii) Have received a letter of non-compliance findings, 
identifying on-going or systemic noncompliance, under Title VI of the 
Civil Rights Act, Section 504 of the Rehabilitation Act, or section 109 
of the Housing and Community Development Act, and if the charge, 
lawsuit, or letter of findings has not been resolved to HUD's 
satisfaction before the application deadline stated in the NOFA, you 
may not apply for assistance under this NOFA. HUD will not rate and 
rank your application. 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 to address 
allegations of on-going discrimination in the policies or practices 
involved in the charge, lawsuit, or letter of findings. Examples of 
actions that may be taken prior to the application deadline to resolve 
the charge, lawsuit, or letter of findings, include but are not limited 
to:
    (a) a voluntary compliance agreement signed by all parties in 
response to the letter of findings;
    (b) a HUD-approved conciliation agreement signed by all parties;
    (c) a consent order or consent decree; or
    (d) a judicial ruling or a HUD Administrative Law Judge's decision 
that exonerates the respondent of any allegations of discrimination.
    (B) Desegregation Orders. You must be in full compliance with any 
desegregation or other court order and Voluntary Compliance Agreements 
related to Fair Housing (e.g., Title VI of the Civil Rights Act of 
1964, the Fair Housing Act, and section 504 of the Rehabilitation Act 
of 1973) that affects your public housing program and that is in effect 
on the date of application submission.
    (C) Additional Nondiscrimination Requirements. You and your 
subrecipients, must comply with:
    (1) Title IX of the Education Amendments Act of 1972.
    (2) The American with Disabilities Act of 1990 (42 U.S.C. 12101 et 
seq.)
    (D) Ensuring the Participation of Disadvantaged Firms. The 
Department is committed to ensuring that small businesses, small 
disadvantaged businesses, minority firms, women's business enterprises, 
and labor surplus area firms participate fully in HUD's direct 
contracting and in contracting opportunities generated by HUD grant 
funds. Too often, these businesses still experience difficulty 
accessing information and successfully bidding on federal contracts. 
HUD regulations at 24 CFR 85.36(e) require recipients of assistance 
(grantees and subgrantees) to take all necessary affirmative steps in 
contracting for purchase of goods or services to assure that these 
disadvantaged firms are used when possible. Affirmative steps include:
    (1) Placing disadvantaged firms on solicitation lists;
    (2) Assuring that disadvantaged firms are solicited whenever they 
are potential sources;
    (3) Dividing total requirements, when economically feasible, into 
smaller tasks or quantities to permit maximum participation by 
disadvantaged firms;
    (4) Establishing delivery schedules, where the requirement permits, 
which encourage participation by disadvantaged firms;
    (5) Using the services and assistance of the Small Business 
Administration and the Minority Business Development Agency of the 
Department of Commerce; and
    (6) Requiring the prime contractor, if subcontracts are to be let, 
to take the affirmative steps listed in Sections (1) through (5) above.
    (E) HOPE VI grantees 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 in Connection with Assisted 
Projects) and its implementing regulations at 24 CFR part 135. 
Information about section 3 can be found at HUD's section 3 Web site 
http://www.hud.gov/fhe/sec3over.html.

XI. Hope VI Demolition Grant Application Selection Process

    (A) HOPE VI Demolition Grant Funding Categories. HUD will select 
HOPE VI Demolition grant applications on a first-come, first-served 
basis, by an application's Priority Group and Ordinal. HOPE VI 
Demolition grant applications are not rated.
    (1) Eligible Units. Severely distressed public housing units to be 
demolished with HOPE VI Demolition grant funds must meet one of the 
criteria in the description of priority groups below.
    (2) Priority Groups. You must identify each HOPE VI Demolition 
grant application by its appropriate Priority Group, as described 
below. Each application must target units of a single Priority Group; 
e.g., do not include Priority Group 1 units in the same application as 
Priority Group 2 units.
    (a) Priority Group 1.
    (i) Priority Group 1 applications target units included in an 
approved Section 202 Mandatory Conversion Plan. The Section 202 
Conversion Plan must be approved by HUD on or before the HOPE VI 
Demolition grant application due date.
    (ii) Units associated with a HOPE VI Revitalization grant are not 
eligible for this Priority Group. Every application

[[Page 16676]]

that targets units associated with a HOPE VI Revitalization Grant is 
only eligible for Priority Group 4.
    (b) Priority Group 2.
    (i) Priority Group 2 applications:
    a. Target units included in a Section 202 Mandatory Conversion Plan 
that you have submitted to HUD on or before the HOPE VI Demolition 
grant application deadline date, or
    b. Target units that, in HUD's sole determination under section 
537(c) of QHWRA, are subject to the removal requirements of 24 CFR part 
971 and can be expected to be demolished in accordance with the time 
schedule required by Section XIII(A) of this NOFA.
    (ii) If you submit a HOPE VI Demolition grant application for units 
that are targeted in a Section 202 Mandatory Conversion Plan that was 
submitted under 24 CFR part 971 but not yet approved (Priority Group 
2), and HUD subsequently approves the Conversion Plan before the HOPE 
VI Demolition grant application deadline date, you may revise your 
application and it will be reclassified as Priority Group 1. HUD will 
change the original Ordinal to the Ordinal corresponding to the date 
that the revision was received.
    (iii) If you submit a Section 202 Mandatory Conversion Plan but HUD 
determines that the targeted project does not qualify for conversion 
under 24 CFR part 971, your HOPE VI Demolition grant application will 
not be eligible for funding. If you intend to submit a Priority 1 or 2 
application, discuss the project with your Field Office to ensure that 
it qualifies under the standards of 24 CFR part 971.
    (iv) Units associated with a HOPE VI Revitalization grant are not 
eligible for this Priority Group. Every application that targets units 
associated with a HOPE VI Revitalization Grant is only eligible for 
Priority Group 4.
    (c) Priority Group 3. Priority Group 3 applications target units 
that were included in a HUD-approved application for demolition that 
was developed in accordance with section 18 of the 1937 Act, as amended 
(``section 18 demolition application'').
    (i) HUD must approve your section 18 demolition application on or 
before the HOPE VI Demolition grant application deadline. If your 
section 18 demolition application does not meet the statutory 
requirements of section 18, including the requirement for HUD Field 
Office approval of the Interim or PHA Plan as required by 24 CFR part 
903, HUD will not approve the section 18 demolition application and 
your HOPE VI Demolition grant application will not be eligible for 
funding.
    (ii) If you have submitted a section 18 demolition application to 
the SAC but it has not yet been approved by HUD when you submit your 
HOPE VI Demolition grant application, your HOPE VI application will not 
be considered complete and you will not receive an Ordinal unless and 
until your section 18 demolition application is approved on or before 
the HOPE VI Demolition Grant Application deadline.
    (iii) If your section 18 demolition application is approved by HUD 
on June 2, 2003 or June 3, 2003 only, you are not required to submit 
your approval letter to HUD, and HUD will deem the approval letter to 
have been submitted in the application. In such a case, if your 
application is otherwise complete, your Ordinal will be the date that 
HUD approves your section 18 demolition application.
    (iv) If HUD has previously approved your section 18 demolition 
application but HUD later rescinded the approval, your section 18 
demolition application will not be considered approved by HUD and your 
HOPE VI Demolition grant application will not be eligible for funding.
    (v) Units associated with a HOPE VI Revitalization grant are not 
eligible for this Priority Group. Every application that targets units 
associated with a HOPE VI Revitalization Grant is only eligible for 
Priority Group 4.
    (d) Priority Group 4.
    (i) Priority Group 4 applications target units that:
    a. Were targeted for demolition in a previously-approved HOPE VI 
Revitalization application and the demolition has not yet been carried 
out; or
    b. Were not originally targeted for demolition in a previously-
approved HOPE VI Revitalization application but are located in the same 
project and at the same site that will be revitalized using an existing 
Revitalization grant, and have not yet been demolished.
    (ii) The requested HOPE VI Demolition grant funds, in combination 
with the existing HOPE VI Revitalization grant funds, may not exceed 
the Total Development Cost (TDC)/Housing Cost Cap (HCC) limits.
    a. If the Revitalization grant is below TDC/HCC, any dollars freed 
up as a result of the proposed additional demolition grant funds may be 
used for any development costs, up to the project's TDC/HCC limit.
    b. If the Revitalization grant is below or at TDC/HCC, the dollars 
freed up from the proposed additional demolition grant funds may be 
used for the demolition of additional units or for Community Renewal 
costs such as Extraordinary Site Costs that fall outside of HCC.
    (iii) If a Priority Group 4 HOPE VI Demolition application is 
selected for funding, HUD will approve the planned demolition:
    a. In its approval of your Supplemental Submissions for the 
Revitalization grant;
    b. By amending its approval of your Supplemental Submissions, if it 
has already been approved by HUD; or
    c. By approving a section 18 demolition application, if you choose 
to submit one.
    (B) Ordinals. Upon receipt, HUD will assign each HOPE VI Demolition 
grant application an Ordinal (i.e., ranking number) that reflects the 
date HUD Headquarters received the application. Ordinals correspond to 
business days, starting with the date HUD receives the first Demolition 
grant application and ending on the HOPE VI Demolition grant 
application deadline date. HUD will consider all applications received 
on the same date as received at the same time on that date, and those 
applications will all be assigned the same Ordinal.
    (C) Demolition Screening.
    (1) HUD will screen the application to ensure that it meets each 
HOPE VI threshold criterion listed in this NOFA.
    (2) If HUD determines that an application is not eligible (e.g., 
the applicant is not a PHA, the units have already been demolished, 
etc.), HUD will not consider the application further and will 
immediately notify the applicant that the application has been 
rejected.
    (3) If HUD determines that an applicant is eligible but the 
application is incomplete, within approximately two days of receipt of 
the application, HUD will contact the applicant in writing by fax 
(followed with a hard copy by mail) to request the missing information. 
Applicants whose applications are received by HUD on the same date, and 
who have missing items, will be notified by HUD of their missing items 
on the same day to ensure that all applicants have the same number of 
days to provide the missing information.


    Please Note: This provision means that the nearer to the 
deadline date you submit your application, the less time you will 
have to correct any deficiencies, and if HUD receives your 
application on the deadline date and there is a deficiency, that 
application will not be eligible for funding. You are advised to 
submit your application as soon as possible, in the event that HUD 
identifies a deficiency that you need to correct.


    (4) If HUD determines that the information you submit in response 
to

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a notification of deficiency is correct and completes the application, 
HUD will add to the application's Ordinal the number of days between 
notification of the deficiency and curing of the deficiency.
    (5) If HUD determines that the information submitted does not make 
the application complete, HUD will notify you of the remaining 
deficiency. You will have the opportunity to submit information in 
response to notifications of deficiency until the HOPE VI Demolition 
grant application due date.
    (6) If you do not submit the requested information by the HOPE VI 
Demolition grant deadline date, your application will be ineligible for 
funding.
    (7) If a deficiency is cured on the same day the deficiency letter 
is sent, the application will add one Ordinal.
    (D) Funding. HUD will award HOPE VI Demolition grants in the 
following order, based on fund availability.
    (1) HUD will fund Priority Group 1 applications by Ordinal.
    (2) If funds remain after HUD has funded all eligible Priority 
Group 1 applications, HUD will fund Priority Group 2 applications by 
Ordinal.
    (3) If funds remain after HUD has funded all eligible Priority 
Group 2 applications, HUD will fund Priority Group 3 applications by 
Ordinal.
    (4) If funds remain after HUD has funded all eligible Priority 
Group 4 applications, HUD will fund Priority Group 4 applications by 
Ordinal.
    (5) At any stage, if there is more than one application with next 
Ordinal to be funded and there are insufficient funds to fund all of 
them, HUD will conduct a lottery among those applications to determine 
which application(s) will be funded.
    (6) HUD reserves the right to partially fund the next eligible 
application if insufficient funds remain to fund the entire amount 
requested, and HUD determines that the funds available are adequate to 
carry out some significant demolition activities.
    (7) If funds remain after all eligible HOPE VI Demolition grant 
applications have been funded or if the amount remaining is inadequate 
to feasibly fund the next eligible Demolition grant application, HUD 
reserves the right to:
    (a) Reallocate unused funds to fund or supplement the next eligible 
HOPE VI Revitalization application(s), in rank order, or
    (b) Carry over unused funds to the next fiscal year.

XII. Post Award Activities

    (A) Notification of Funding Decisions. Because the HOPE VI 
Demolition grants are awarded on a first-come, first-served basis, HUD 
reserves the right either to award funds to Priority Group 1 
applications as soon as they are determined to be eligible for funding, 
or announce all awards after the HOPE VI Demolition grant application 
deadline date has passed. HUD will notify ineligible applicants of 
their ineligibility immediately after that determination has been made. 
HUD will provide written notification to all HOPE VI applicants, 
whether or not they have been selected for funding.
    (B) Environmental Review. HUD notification that you have been 
selected to receive a HOPE VI Demolition grant constitutes only 
preliminary approval. Grant funds may not be released until the 
responsible entity completes an environmental review and you submit and 
obtain HUD approval of a request for release of funds and the 
responsible entity's environmental certification in accordance with 24 
CFR part 58 and Section XIV of this NOFA (or HUD has completed an 
environmental review under 24 CFR part 50 where HUD has determined to 
do the environmental review).
    (C) Demolition Grant Agreement. When you are selected to receive a 
Demolition grant, HUD will send you a HOPE VI Demolition Grant 
Agreement, which constitutes the contract between you and HUD to carry 
out and fund public housing demolition activities. Both you and HUD 
will sign the cover sheet of the Grant Agreement. You must sign the 
Grant Agreement within 90 days of receiving it. Failure to sign the 
Grant Agreement within 90 days may cause the Department to withdraw its 
award of funds. It is effective on the date of HUD's signature. The 
Grant Agreement differs from year to year. The Grant Agreement from FY 
2001 can be found on the HOPE VI Web site www.hud.gov/hopevi.

XIII. Post Award Requirements

    (A) Timeliness of Demolition. Grantees must proceed within a 
reasonable timeframe, as indicated below. In determining reasonableness 
of such timeframe, HUD will take into consideration those delays caused 
by factors beyond your control.
    (1) You must complete the proposed demolition within a reasonable 
timeframe, which is two years from the date of Grant Agreement 
execution. HUD will take into consideration delays caused by factors 
beyond your control when enforcing this requirement or as otherwise 
approved by HUD to accommodate reasonable relocation and demolition 
schedules.
    (2) In accordance with section 24(i) of the 1937 Act, if you do not 
proceed within a reasonable timeframe, in the determination of HUD, HUD 
shall withdraw any grant amounts that you have not obligated. HUD shall 
redistribute any withdrawn amounts to one or more other applicants 
eligible for HOPE VI assistance or to one or more other entities 
capable of proceeding expeditiously in the same locality in carrying 
out the activities of the original Grantee.
    (B) Conflict of Interest.
    (1) Prohibition. In addition to the conflict of interest 
requirements in 24 CFR part 85, no person who is an employee, agent, 
consultant, officer, or elected or appointed official of a Grantee and 
who exercises or has exercised any functions or responsibilities with 
respect to activities assisted under a HOPE VI Grant, or who is in a 
position to participate in a decision-making process or gain inside 
information with regard to such activities, may obtain a financial 
interest or benefit from the activity, or have an interest in any 
contract, subcontract, or agreement with respect thereto, or the 
proceeds thereunder, either for himself or herself or for those with 
whom he or she has family or business ties, during his or her tenure or 
for one year thereafter.
    (2) HUD-Approved Exception.
    (a) Standard. HUD may grant an exception to the prohibition in 
Section (1) above on a case-by-case basis when it determines that such 
an exception will serve to further the purposes of HOPE VI and its 
effective and efficient administration.
    (b) Procedure. HUD will consider granting an exception only after 
the Grantee has provided a disclosure of the nature of the conflict, 
accompanied by:
    (i) An assurance that there has been public disclosure of the 
conflict;
    (ii) A description of how the public disclosure was made; and
    (iii) An opinion of the Grantee's attorney that the interest for 
which the exception is sought does not violate state or local laws.
    (c) Consideration of Relevant Factors. In determining whether to 
grant a requested exception under Section (b) above, HUD will consider 
the cumulative effect of the following factors, where applicable:
    (i) Whether the exception would provide a significant cost benefit 
or an essential degree of expertise to the Demolition Activities that 
would otherwise not be available;
    (ii) Whether an opportunity was provided for open competitive 
bidding or negotiation;
    (iii) Whether the person affected is a member of a group or class 
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be the beneficiaries of the Demolition Plan and the exception will 
permit such person to receive generally the same interests or benefits 
as are being made available or provided to the group or class;
    (iv) Whether the affected person has withdrawn from his or her 
functions or responsibilities, or the decision making process, with 
respect to the specific activity in question;
    (v) Whether the interest or benefit was present before the affected 
person was in a position as described in Section (iii) above;
    (vi) Whether undue hardship will result either to the Grantee or 
the person affected when weighed against the public interest served by 
avoiding the prohibited conflict; and
    (vii) Any other relevant considerations.
    (3) Conducting Business in Accordance with Core Values and Ethical 
Standards. Entities subject to 24 CFR parts 84 and 85 are required to 
develop and maintain a written code of conduct (see sections 84.42 and 
85.36(b)(3)). Consistent with regulations governing specific programs, 
your code of conduct must: prohibit real and apparent conflicts of 
interest that may arise among officers, employees, or agents; prohibit 
the solicitation and acceptance of gifts or gratuities by your 
officers, employees and agents for their personal benefit in excess of 
minimal value; and, outline administrative and disciplinary actions 
available to remedy violations of such standards. If awarded assistance 
under this NOFA, you will be required, prior to entering into a grant 
agreement with HUD, to submit a copy of your code of conduct and 
describe the methods you will use to ensure that all officers, 
employees and agents of your organization are aware of your code of 
conduct.
    (C) OMB Circulars and Administrative Requirements. You must comply 
with the following administrative requirements related to the 
expenditure of federal funds. OMB Circulars can be found at http://www.whitehouse.gov/omb/circulars/index.html. 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). The Code of Federal Regulations 
can be found at http://www.access.gpo.gov/nara/cfr/index.html.
    (1) Administrative requirements applicable to PHAs are:
    (a) 24 CFR part 85 (Administrative Requirements for Grants and 
Cooperative Agreements to State, Local and Federally Recognized Indian 
Tribal Governments), as modified by 24 CFR 941 or successor part, 
subpart F, relating to the procurement of partners in mixed finance 
developments.
    (b) OMB Circular A-87 (Cost Principles for State, Local and Indian 
Tribal Governments);
    (c) 24 CFR 85.26 (audit requirements).
    (2) Administrative requirements applicable to non-profit 
organizations are:
    (a) 24 CFR part 84 (Grants and Agreements with Institutions of 
Higher Education, Hospitals, and other Non-Profit Organizations);
    (b) OMB Circular A-122 (Cost Principles for Non-Profit 
Organizations):
    (c) 24 CFR 84.26 (audit requirements).
    (3) Administrative requirements applicable to for profit 
organizations are:
    (a) 24 CFR part 84 (Grants and Agreements with Institutions of 
Higher Education, Hospitals, and other Non-Profit Organizations);
    (b) 48 CFR part 31 (contract cost principles and procedures);
    (c) 24 CFR 84.26 (audit requirements).
    (D) Labor Standards. HUD-determined wage rates apply to demolition 
and activities associated with filling in the site and establishing a 
lawn.
    (1) Davis-Bacon wage rates apply to demolition followed by 
construction on the site.
    (2) HUD-determined wage rates apply to demolition and activities 
associated with filling in the site and establishing a lawn.
    (3) Under section 12(b) of the 1937 Act, wage rate requirements do 
not apply to individuals who:
    (a) Perform services for which they volunteered;
    (b) Do not receive compensation for those services or are paid 
expenses, reasonable benefits, or a nominal fee for the services; and
    (c) Are not otherwise employed in the work involved (24 CFR part 
70).
    (4) If other federal funds are used in connection with your HOPE VI 
activities, labor standards requirements apply to the extent required 
by the other federal programs on portions of the project that are not 
subject to Davis-Bacon rates under the 1937 Act.
    (E) Lead-Based Paint. You must comply with lead-based paint 
evaluation and reduction requirements as provided for under the Lead-
Based Paint Poisoning Prevention Act (42 U.S.C. 4821, et seq.). You 
must also comply with regulations at 24 CFR part 35, 24 CFR 965.701, 
and 24 CFR 968.110(k), as they may be amended or revised from time to 
time. Unless otherwise provided, you will be responsible for lead-based 
paint evaluation and reduction activities. The National Lead 
Information Hotline is 1-800-424-5323.
    (F) Internet Access. You must have access to the Internet and 
provide HUD with email addresses of key staff and contact people.
    (G) Procurement of Recovered Materials. State agencies and agencies 
of a political subdivision of a state that are using assistance under 
this NOFA for procurement, and any person contracting with such an 
agency with respect to work performed under an assisted contract, must 
comply with the requirements of Section 6002 of the Solid Waste 
Disposal Act, as amended by the Resource Conservation and Recovery Act. 
In accordance with Section 6002, these agencies and persons must 
procure items designated in guidelines of the Environmental Protection 
Agency at 40 CFR part 247 that contain the highest percentage of 
recovered materials practicable, consistent with maintaining a 
satisfactory level of competition, where the purchase price of the item 
exceeds $10,000 or the quantity acquired in the preceding fiscal year 
exceeded $10,000; must procure solid waste management services in a 
manner that maximizes energy and resource recovery; and must have 
established an affirmative procurement program for procurement of 
recovered materials identified in the EPA guidelines.

XIV. Environmental Review

    (A) If you are selected for funding and an environmental review has 
not been conducted on the targeted site, the responsible entity, as 
defined in 24 CFR 58.2(a)(7), must assume the environmental review 
responsibilities for projects being funded by HOPE VI. If you object to 
the responsible entity conducting the environmental review, on the 
basis of performance, timing or compatibility of objectives, HUD will 
review the facts and determine who will perform the environmental 
review. At any time, HUD may reject the use of a responsible entity to 
conduct the environmental review in a particular case on the basis of 
performance, timing or compatibility of objectives, or in accordance 
with 24 CFR 58.77(d)(1). If a responsible entity objects to performing 
an environmental review, or if HUD determines that the responsible 
entity should not perform the environmental review, HUD may designate 
another responsible entity to conduct the review or may itself conduct 
the environmental review in accordance with the provisions of 24 CFR 
part 50. You must provide any

[[Page 16679]]

documentation to the responsible entity (or HUD, where applicable) that 
is needed to perform the environmental review.
    (B) If you are selected for funding, you must have a Phase I 
environmental site assessment completed in accordance with the American 
Society for Testing and Material (ASTM) Standards E 1527-97, as 
amended, for each affected site. A Phase I assessment is required 
whether the environmental review is completed under 24 CFR part 50 or 
24 CFR part 58. The results of the Phase I assessment must be included 
in the documents that must be provided to the responsible entity (or 
HUD) for the environmental review. If the Phase I assessment recognizes 
environmental concerns or if the results are inconclusive, a Phase II 
environmental site assessment will be required.
    (C) You may not undertake any actions with respect to the project 
that are choice-limiting or could have environmentally adverse effects, 
including demolishing, acquiring, rehabilitating, converting, leasing, 
repairing, or constructing property proposed to be assisted under this 
NOFA, and you may not commit or expend HUD or local funds for these 
activities, until HUD has approved a Request for Release of Funds 
following a responsible entity's environmental review under 24 CFR part 
58, or until HUD has completed an environmental review and given 
approval for the action under 24 CFR part 50. In addition, you must 
carry out any mitigating/remedial measures required by the Responsible 
Entity (or HUD). If a remediation plan, where required, is not approved 
by HUD and a fully-funded contract with a qualified contractor licensed 
to perform the required type of remediation is not executed, HUD 
reserves the right to determine that the grant is in default.
    (D) The costs of environmental reviews and hazard remediation are 
eligible costs under the HOPE VI Program.
    (E) HUD's Environmental web site is located at http://hudstage.hud.gov/offices/cpd/energyenviron/environment/index.cfm

XV. Findings and Certifications

    (A) Catalog of Federal Domestic Assistance Number. The Catalog of 
Federal Assistance (CFDA) Number for HOPE VI is 14.866. The CFDA is a 
government-wide compendium of federal programs, projects, services, and 
activities that provide assistance or benefits to the public.
    (B) Environmental Impact. A Finding of No Significant Impact with 
respect to the environment has been made in accordance with HUD 
regulations at 24 CFR part 50 that implement section 102(2)(C) of the 
National Environmental Policy Act of 1969 (42 U.S.C. 4332). The Finding 
of No Significant Impact is available for public inspection during 
regular business hours in the Office of the General Counsel, 
Regulations Division, Room 10276, U.S. Department of Housing and Urban 
Development, 451 Seventh Street, SW., Washington, DC 20410-0500.
    (C) Federalism. Executive Order 13132 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.
    (D) Intergovernmental Review of Federal Programs. Executive Order 
12372 was issued to foster intergovernmental partnership and strengthen 
federalism by relying on state and local processes for the coordination 
and review of federal financial assistance and direct federal 
development. The Order allows each state to designate an entity to 
perform a state review function. The official listing of State Points 
of Contact (SPOC) for this review process can be found at: http://www.whitehouse.gov/omb/grants/spoc.html. States that are not listed on 
the Web site have chosen not to participate in the intergovernmental 
review process, and therefore do not have a SPOC. If you are located 
within one of those states, you may send applications directly to HUD. 
If your state has a SPOC, you should contact them to see if they are 
interested in reviewing your application prior to submission to HUD. 
Please make sure that you allow ample time for this review process when 
developing and submitting your application.
    (E) Prohibition Against Lobbying Activities. You 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 HUD-424 series form, that you will not, and have 
not, used appropriated funds for any prohibited lobbying activities. As 
necessary, 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. The Lobbying Disclosure Act of 1995 (Public Law 104-65, 
approved December 19, 1995), repealed section 112 of the Housing and 
Urban Development Reform Act of 1989 (Public Law 101-235, approved 
December 15, 1989) (HUD Reform Act), and requires all persons and 
entities who lobby covered executive or legislative branch officials to 
register with the Secretary of the Senate and the Clerk of the House of 
Representatives and file reports concerning their lobbying activities.
    (F) Documentation and Public Access Requirements. Section 102 of 
the HUD Reform Act (42 U.S.C. 3545) 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, 
HUD published a notice in the Federal Register that also provides 
information on the implementation of section 102 (57 FR 1942). 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) (FOIA) and HUD's implementing 
regulations in 24 CFR part 15.
    (2) Disclosures. HUD will make available for public inspection all 
HOPE VI grant applications for five years beginning not less than 30 
days following the grant award. Applications will be made available in 
accordance with FOIA and HUD's implementing regulations at 24 CFR part 
15.

[[Page 16680]]

    (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 to notify the public of all decisions made by the Department 
to provide:
    (a) Assistance subject to section 102(a) of the HUD Reform Act; 
and/or
    (b) 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.
    (G) Section 103 HUD Reform Act. HUD's regulations implementing 
section 103 of the HUD Reform Act (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 HUD 
employees who have ethics related questions should contact the HUD 
Ethics Law Division at (202) 708-3815. (This is not a toll-free 
number.) HUD employees who have specific program questions should 
contact the appropriate field office counsel, or Headquarters counsel 
for the program to which the question pertains.
    (H) Paperwork Reduction Act Statement. The information collection 
requirements contained in this notice have been approved by the Office 
of Management and Budget in accordance with the Paperwork Reduction Act 
of 1995 (44 U.S.C. Chapter 35), and assigned OMB control number 2577-
0208. 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.

    Dated: March 28, 2003.
Michael M. Liu,
Assistant Secretary for Public and Indian Housing.
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[FR Doc. 03-8174 Filed 4-3-03; 8:45 am]
BILLING CODE 4210-33-C