[Federal Register Volume 69, Number 52 (Wednesday, March 17, 2004)]
[Notices]
[Pages 12738-12750]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-5959]



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Part II





Department of Agriculture





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Rural Housing Service



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Notice of Availability of Funds; Multi-Family Housing, Single Family 
Housing; Notice

  Federal Register / Vol. 69, No. 52 / Wednesday, March 17, 2004 / 
Notices  

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DEPARTMENT OF AGRICULTURE

Rural Housing Service


Notice of Availability of Funds; Multi-Family Housing, Single 
Family Housing

AGENCY: Rural Housing Service, USDA.

ACTION: Notice.

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SUMMARY: The Rural Housing Service (RHS) announces the availability of 
housing funds for fiscal year 2004 (FY 2004). This action is taken to 
comply with 42 U.S.C. 1490p, which requires that RHS publish in the 
Federal Register notice of the availability of any housing assistance.

EFFECTIVE DATE: March 17, 2004.

FOR FURTHER INFORMATION CONTACT: For information regarding this notice 
contact Lou Paulson, Management Analyst, Single Family Housing Direct 
Loan Division, telephone (202) 720-1478, for single family housing 
(SFH) issues and Tammy S. Daniels, Loan Specialist, Multi-Family 
Housing Processing Division, telephone (202) 720-0021, for multi-family 
housing (MFH) issues, U.S. Department of Agriculture, 1400 Independence 
Ave. SW., Washington, DC, 20250. (The telephone numbers listed are not 
toll free numbers). For information on applying for assistance, visit 
our Internet Web site at http://offices.usda.gov and select your State 
or check the blue pages in your local telephone directory under ``Rural 
Development'' for the office serving your area. Near the end of this 
Notice is a listing of Rural Development State Directors, State Office 
addresses, and phone numbers.

SUPPLEMENTARY INFORMATION: 

Programs Affected

    The following programs are subject to the provisions of Executive 
Order 12372 that requires intergovernmental consultation with State and 
local officials. These programs or activities are listed in the Catalog 
of Federal Domestic Assistance under Nos.

10.405 Farm Labor Housing (LH) Loans and Grants
10.410 Very Low to Moderate Income Housing Loans
10.411 Rural Housing Site Loans and Self-Help Housing Land 
Development Loans
10.415 Rural Rental Housing Loans
10.417 Very Low Income Housing Repair Loans and Grants
10.420 Rural Self-Help Housing Technical Assistance
10.427 Rural Rental Assistance Payments
10.433 Rural Housing Preservation Grants
10.442 Housing Application Packaging Grants

Discussion of Notice

    Part 1940, subpart L of 7 CFR contains the ``Methodology and 
Formulas for Allocation of Loan and Grant Program Funds.'' To apply for 
assistance under these programs or for more information, contact the 
Rural Development Office for your area.

Multi-Family Housing (MFH)

I. General

    A. This provides guidance on MFH funding for the Rural Rental 
Housing program (RRH) for FY 2004 (it does not include carryover 
funds). Allocation computations have been performed in accordance with 
7 CFR 1940.575 and 1940.578. For FY 2004, State Directors, under the 
Rural Housing Assistance Grants (RHAG), will have the flexibility to 
transfer their initial allocations of budget authority between the 
Single Family Housing (SFH) Section 504 Rural Housing Grants and 
Section 533 Housing Preservation Grant (HPG) programs.
    B. MFH loan and grant levels for FY 2004 are as follows:

MFH Loan Programs Credit Sales--*$1,491,149
Section 514 Farm Labor Housing (LH) loans--*$42,574,374
Section 515 Rural Rental Housing (RRH) loans--*$115,857,375
Section 521 Rental Assistance (RA) and 502(c)(5)(C) Advance--
*$574,689,210
Section 516 LH grants--*$17,900,759
Sections 525 Technical and Supervisory Assistance grants (TSA) and 
509 Housing Application Packaging grants--$1,024,754
(HAPG) (Shared between single and multi-family housing)--(includes 
carryover)
Section 533 Housing Preservation grants (HPG)--*$8,882,000
Section 538 Guaranteed Rural Rental Housing program--*$99,410,000
    Processing Worker Housing Grants--$4,970,500
    * Does not include disaster or regular program carryover

II. Funds Not Allocated to States

    A. Credit Sales Authority. For FY 2004, $1,491,149 will be set 
aside for credit sales to program and nonprogram buyers. Credit sale 
funding will not be allocated by State.
    B. Section 538 Guaranteed Rural Rental Housing Program. Guaranteed 
loan funds will be made available under a Notice of Funding 
Availability (NOFA) being published in this Federal Register. 
Additional guidance is provided in the NOFA.

III. Farm Labor Housing (LH) Loans and Grants

    The Administrator has the authority to transfer the allocation of 
budget authority between the two programs. Upon NOFA closing, the 
Administrator will evaluate the responses and determine proper 
distribution of funds between loans and grants.
    A. Section 514 Farm LH Loans.
    1. These loans are funded in accordance with 7 CFR 1940.579(a).

FY 2004 Appropriation--$42,574,374
Available for Off-Farm Loans--$35,774,000
Available for On-Farm Loans--$2,000,000
National Office Reserve--$4,800,374

    2. Off-farm loan funds will be made available under a NOFA being 
published in this Federal Register. Additional guidance is provided in 
the NOFA.
    B. Section 516 Farm LH Grants.
    1. Grants are funded in accordance with 7 CFR 1940.579(b). 
Unobligated prior year balances and cancellations will be added to the 
amount shown.

FY 2004 Appropriation--$17,900,759
Available for LH Grants for Off-Farm--$13,400,759
Available for Technical Assistance Grants--$1,500,000
National Office Reserve--$3,000,000

    2. Labor Housing grant funds for Off-Farm will be made available 
under a NOFA being published in this Federal Register. Additional 
guidance is provided in the NOFA.
    C. Labor Housing Rental Assistance (RA) will be held in the 
National Office for use with LH loan and grant applications. RA is only 
available with a LH loan of at least 5 percent of the total development 
cost. Projects without a LH loan cannot receive RA.

IV. Section 515 RRH Loan Funds

FY 2004 Section 515 Rural Rental Housing allocation (Total)--
$115,857,375
New Construction funds and set-asides--$30,057,375
    New construction loans--$7,837,344
    Set-aside for nonprofits--$10,427,163
    Set-aside for underserved counties and colonias--$5,792,868
    Earmark for EZ, EC, or REAP Zones--$5,000,000
    State RA designated reserve--$1,000,000
Rehab and repair funds and equity--$60,800,000
    Rehab and repair loans--$55,800,000
    Designated equity loan reserve--$5,000,000
General Reserve--$25,000,000

    A. New construction loan funds. New construction loan funds will be 
made available using a national NOFA being published in this Federal 
Register. Additional guidance is provided in the NOFA.
    B. National Office New Construction Set-asides. The following 
legislatively mandated set-asides of funds are part of the National 
office set-aside:
    1. Nonprofit Set-aside. An amount of $10,427,163 has been set aside 
for

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nonprofit applicants. All Nonprofit loan proposals must be located in 
designated places as defined in 7 CFR 1944-E.
    2. Underserved Counties and Colonias Set-Aside. An amount of 
$5,792,868 has been set aside for loan requests to develop units in the 
underserved 100 most needy counties or colonias as defined in section 
509(f) of the Housing Act of 1949 as amended. Priority will be given to 
proposals to develop units in colonias or tribal lands.
    3. EZ, EC or REAP Zone Earmark. An amount of $5,000,000 has been 
earmarked for loan requests to develop units in EZ or EC communities or 
REAP Zones until June 30, 2004.
    C. Rental Assistance (RA). Limited new construction RA will be held 
in the National office for use with Section 515 Rural Rental Housing 
loans.
    D. Designated Reserves for State RA. An amount of $1 million of 
Section 515 loan funds has been set aside for matching with projects in 
which an active State sponsored RA program is available. The State RA 
program must be comparable to the RHS RA program.
    E. Repair and Rehabilitation Loans. Tenant health and safety 
continues to be the top priority. Repair and rehabilitation funds must 
be first targeted to RRH facilities that have physical conditions that 
affect the health and safety of tenants and subsequently made available 
to facilities that have deferred maintenance. All funds will be held in 
the National office and will be distributed based upon indicated 
rehabilitation needs in the MFH survey conducted in November 2003.
    F. Designated Reserve for Equity Loans. An amount of $5 million has 
been designated for the equity loan preservation incentive described in 
7 CFR 1965-E. The $5 million will be further divided into $4 million 
for equity loan requests currently on the pending funding list and $1 
million to facilitate the transfer of properties from for-profit owners 
to nonprofit corporations and public bodies. Funds for such transfers 
would be authorized only for for-profit owners who are currently on the 
pending funding list who agree to transfer to nonprofit corporations or 
public bodies rather than to remain on the pending list. If 
insufficient transfer requests are generated to utilize the full $1 
million set aside for nonprofit and public body transfers, the balance 
will revert to the existing pending equity loan funding list.
    G. General Reserve. There is one general reserve fund of 
$25,000,000. Some examples of immediate allowable uses include, but are 
not limited to, hardships and emergencies, RH cooperatives or group 
homes, or RRH preservation.

V. Section 533 Housing Preservation Grants (HPG)

Total Available--$8,882,000
Less General Reserve--$888,200
Less Earmark for EZ, EC or REAP Zones--$894,690
Total Available for Distribution--$7,099,110

    Amount available for allocation. See end of this Notice for HPG 
State allocations. Fund availability will be announced in a NOFA being 
published in the Federal Register.
    The amount of $894,690 is earmarked for EZ, EC or REAP Zones until 
June 30, 2004.

Single Family Housing (SFH)

    I. General. All SFH programs are administered through field 
offices. For more information or to make application, please contact 
the Rural Development office servicing your area. To locate these 
offices, contact the appropriate State Office from the attached State 
Office listing, visit our web site at http://offices.usda.gov or check 
the blue pages in your local telephone directory under ``Rural 
Development'' for the office serving your area.
    A. This notice provides SFH allocations for FY 2004. Allocation 
computations have been made in accordance with 7 CFR 1940.563 through 
1940.568. Information on basic formula criteria, data source and 
weight, administrative allocation, pooling of funds, and availability 
of the allocation are located on a chart at the end of this notice.
    B. The SFH levels authorized for FY 2004 are as follows:

Section 502 Guaranteed Rural Housing (RH) loans
    Nonsubsidized Guarantees--Purchase--**$2,531,712,184
    Nonsubsidized Guarantees--Refinance--**$ 236,646,482
Section 502 Direct RH loans
    Very low-income subsidized loans--*$594,614,642
    Low-income subsidized loans--*$756,782,272
Credit sales (Nonprogram)--$10,000,000
Section 504 housing repair loans--*$34,797,119
Section 504 housing repair grants--*/**$30,275,770
Section 509 compensation for construction defects--**$282,177
Section 523 mutual and self-help housing grants--*/**$42,365,092
Section 523 Self-Help Site Loans--$2,420,714
Section 524 RH site loans--$5,045,000
Section 306C Water and waste disposal grants--**$1,297,122
Section 525 Supervisory and Technical Assistance and Section 509 
Housing Application
    Packaging Grants Total Available for single And multi-family--
**$2,000,000
Natural disaster funds (Section 502 loans--**$2,353,166 *
Natural disaster funds (Section 504 loans)--**$14,966,367
Natural disaster funds (Section 504 grants)--**$3,670,079

    *Includes funds for EZ/EC and REAP communities until June 30, 
2004.
    ** Carryover funds are included in the balance.

    C. SFH Funding Not Allocated to States. The following funding is 
not allocated to States by formula. Funds are made available to each 
state on a case-by-case basis.
    1. Credit sale authority. Credit sale funds in the amount of 
$10,000,000 are available only for nonprogram sales of Real Estate 
Owned (REO) property.
    2. Section 509 Compensation for Construction Defects. $282,177 is 
available for compensation for construction defects.
    3. Section 523 Mutual and Self-Help Technical Assistance Grants. 
$42,365,092 is available for Section 523 Mutual and Self-Help Technical 
Assistance Grants. Of these funds, $994,100 is earmarked for EZ, EC or 
REAP Zones until June 30, 2004. A technical review and analysis must be 
completed by the Technical and Management Assistance (T&MA) contractor 
on all predevelopment, new, and existing (refunding) grant 
applications.
    4. Section 523 Mutual and Self-Help Site Loans and Section 524 RH 
Site Loans. $2,420,714 and $5,045,000 are available for Section 523 
Mutual Self-Help and Section 524 RH Site loans, respectively.
    5. Section 306C WWD Grants to Individuals in Colonias. The 
objective of the Section 306C WWD individual grant program is to 
facilitate the use of community water or waste disposal systems for the 
residents of the colonias along the U.S.-Mexico border.
    The total amount available to Arizona, California, New Mexico, and 
Texas will be $1,297,122 for FY 2004. This amount includes the 
carryover unobligated balance of $297,122 and the transferred amount of 
$1 million from the Rural Utilities Service (RUS) to RHS for processing 
individual grant applications.
    6. Section 525 Technical and Supervisory Assistance (TSA) and 
Section 509 Housing Application Packaging Grants (HAPG). $2,000,000 is 
available for the TSA and HAPG programs. Funds are available on a 
limited basis for TSA grants. In

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accordance with the provisions of 7 CFR 1944.525, funding will be 
targeted nationally and then on an individual basis to States/areas 
with the highest degree of substandard housing and persons in poverty 
eligible to receive Agency housing assistance. States should submit 
proposals from potential applicants to the National Office for review 
and concurrence prior to authorizing an application.
    Requests should be submitted to the National Office for HAPG based 
on projected usage of these funds for the quarter or as needed. HAPG 
requests should be submitted by e-mail to Gloria Denson, Senior Loan 
Specialist, SFH Direct Loan Division, (202) 720-1487. Reserve funds 
will be held at the National Office and requests from eligible States 
will be considered on a first-come, first-served basis. Additional 
guidance is provided in the NOFA.
    7. Natural Disaster Funds. Funds are available until exhausted to 
those States with active Presidential Declarations.
    8. Deferred Mortgage Payment Demonstration. There is no FY 2004 
funding provided for deferred mortgage authority or loans for deferred 
mortgage assumptions.
    II. State allocations.
    A. Section 502 Nonsubsidized Guaranteed RH (GRH) Loans.
    1. Purchase--Amount Available for Allocation.

Total Available--Purchase--$2,531,712,184
    Less National Office General Reserve--$907,520,729
    Less Special Outreach Area Reserve--$388,937,455
    Basic Formula--Administrative Allocation--$1,235,254,000

    a. National Office General Reserve. The Administrator may restrict 
access to this reserve for States not meeting their goals in special 
outreach areas.
    b. Special Outreach Areas. FY 2004 GRH funding is allocated to 
States in two funding streams. Seventy percent of GRH funds may be used 
in any eligible area. Thirty percent of GRH funds are to be used in 
special outreach areas. Special outreach areas for the GRH program are 
defined as those areas within a State that are not located within a 
metropolitan statistical area (MSA).
    c. National Office Special Area Outreach Reserve. A special 
outreach area reserve fund has been established at the National office. 
Funds from this reserve may only be used in special outreach areas.
    2. Refinance--Amount available for allocation.

Total Available--Refinance--$236,646,482
    Less National office general reserve--$236,646,482
    Basic formula `` Administrative Allocation--$0

    a. Refinance Funds. Refinance loan funds will be distributed from 
the National Office on a case-by-case basis.
    b. National office general reserve. The Administrator may restrict 
access to this reserve for States not meeting their goals in special 
outreach areas.
    B. Section 502 Direct RH loans.
    1. Amount Available for Allocation.

Total Available--$1,351,396,914
Less Required Set Aside for
    Underserved Counties and Colonias--$67,569,850
    EZ, EC and REAP Earmark--$48,793,635
Less General Reserve--$168,999,915
Administrator's Reserve--$9,999,915
Hardships & Homelessness--$2,000,000
Rural Housing Demonstration Program--$2,000,000
Homeownership Partnership--$130,000,000
Program funds for the sale of REO properties--$25,000,000
Less Designated Reserve for Self-Help--$150,000,000
Basic Formula Administrative Allocation--$916,033,515

    2. Reserves.
    a. State Office Reserve. State Directors must maintain an adequate 
reserve to fund the following applications:
    (i) Hardship and homeless applicants including the direct Section 
502 loan and Section 504 loan and grant programs.
    (ii) Rural Home Loan Partnerships (RHLP) and Community Development 
Financial Institutions (CDFI) loans.
    (iii) Subsequent loans for essential improvements or repairs and 
transfers with assumptions.
    (iv) States will leverage with funding from other sources.
    (v) Areas targeted by the State according to its strategic plan.
    b. National Office Reserves.
    (i) General Reserve. The National office has a general reserve of 
$168,999,915 million. Of this amount, the Administrator's reserve is 
$9,999,915 million. One of the purposes of the Administrator's reserve 
will be for loans in Indian Country. Indian Country is defined as land 
inside the boundaries of Indian reservations, communities made up 
mainly of Native Americans, Indian trust and restricted land, and 
tribal allotted lands.
    (ii) Hardship and Homelessness Reserve. $2 million has been set 
aside for hardships and homeless.
    (iii) Rural Housing Demonstration Program. $2 million dollars has 
been set aside for innovative demonstration initiatives.
    (iv) Program Credit Sales. $25 million dollars has been set aside 
for program sales of REO property.
    c. Homeownership Partnership. $130 million dollars has been set 
aside for Homeownership Partnerships. These funds will be used to 
expand existing partnerships and create new partnerships, such as the 
following:
    (i) Department of Treasury, Community Development Financial 
Institutions (CDFI). Funds will be available to fund leveraged loans 
made in partnership with the Department of Treasury CDFI participants.
    (ii) Partnership initiatives established to carry out the 
objectives of the rural home loan partnership (RHLP).
    d. Designated Reserve for Self-Help. $150 million dollars has been 
set aside to assist participating Self-Help applicants. The National 
office will contribute 100 percent from the National office reserve. 
States are not required to contribute from their allocated Section 502 
RH funds.
    e. Underserved Counties and Colonias. An amount of $67,569,850 has 
been set aside for the 100 underserved counties and colonias.
    f. Empowerment Zone (EZ) and Enterprise Community (EC) or Rural 
Economic Area Partnership (REAP) earmark. An amount of $48,793,635 has 
been earmarked until June 30, 2004, for loans in EZ, EC or REAP Zones.
    g. State Office Pooling. If pooling is conducted within a State, it 
must not take place within the first 30 calendar days of the first, 
second, or third quarter. (There are no restrictions on pooling in the 
fourth quarter.)
    h. Suballocation by the State Director. The State Director may 
suballocate to each area office using the methodology and formulas 
required by 7 CFR part 1940, subpart L. If suballocated to the area 
level, the Rural Development Manager will make funds available on a 
first-come, first-served basis to all offices at the field or area 
level. No field office will have its access to funds restricted without 
the prior written approval of the Administrator.
    C. Section 504 Housing Loans and Grants. Section 504 grant funds 
are included in the Rural Housing Assistance Grant program (RHAG) in 
the FY 2004 appropriation.
    1. Amount available for allocation.

Section 504 Loans
Total Available--$34,797,119
Less 5% for 100 Underserved Counties and Colonias--$1,739,856
EZ, EC or REAP Zone Earmark--$1,400,000
Less General Reserve--$1,500,113
Basic Formula--Administrative Allocation--$30,157,150

Section 504 Grants
Total Available--$30,275,770
Less 5% for 100 Underserved Counties and Colonias--$1,513,789

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Less EZ, EC or REAP Earmark--$894,690
Less General Reserve--$1,599,982
Basic Formula-Administrative Allocation--$26,267,309

    2. Reserves and Set-asides.
    a. State Office Reserve. State Directors must maintain an adequate 
reserve to handle all anticipated hardship applicants based upon 
historical data and projected demand.
    b. Underserved Counties and Colonias. Approximately $1,739,856 and 
$1,513,789 have been set aside for the 100 underserved counties and 
colonias until June 30, 2004, for the Section 504 loan and grant 
programs, respectively.
    c. Empowerment Zone (EZ) and Enterprise Community (EC) or Rural 
Economic Area Partnership (REAP) Earmark (Loan Funds Only). $1,400,000 
and $894,690 have been earmarked through June 30, 2004, for EZ, EC or 
REAPs for the Section 504 loan and grant programs, respectively.
    d. General Reserve. $1.5 million for Section 504 loan hardships and 
$1.6 million for Section 504 grant extreme hardships have been set-
aside in the general reserve. For Section 504 grants, an extreme 
hardship case is one requiring a significant priority in funding, ahead 
of other requests, due to severe health or safety hazards, or physical 
needs of the applicant.

     Information on Basic Formula Criteria, Data Source and Weight, Administrative Allocation, Pooling of Funds, and Availability of the Allocation
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                                          Section 502 nonsubsidized guaranteed
     Number            Description                      RH loans                    Section 502 direct RH loans          Section 504 loans and grants
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1..............  Basic formula criteria,  See 7 CFR 1940.563(b)...............  See 7 CFR 1940.565(b)..............  See 7 CFR 1940.566(b) and
                  data source, and                                                                                    1940.567(b).
                  weight.
2..............  Administrative
                  Allocation:
                 Western Pacific Area...  $1,000,000..........................  $1,000,000.........................  $1,000,000 loan.
                                                                                                                     $500,000 grant.
3..............  Pooling of funds:
                 a. Mid-year pooling....  If necessary........................  If necessary.......................  If necessary.
                 b. Year-end pooling....  August 13, 2004.....................  August 13, 2004....................  August 13, 2004.
                 c. Underserved counties  N/A.................................  June 30, 2004......................  June 30, 2004.
                  & colonias.
                 d. EZ, EC or REAP......  N/A.................................  June 30, 2004......................  June 30, 2004.
                 e. Credit sales........  N/A.................................  June 30, 2004......................  N/A
4..............  Availability of the
                  allocation:.
                 a. first quarter.......  40 percent..........................  50 percent.........................  50 percent.
                 b. second quarter......  70 percent..........................  70 percent.........................  70 percent.
                 c. third quarter.......  90 percent..........................  90 percent.........................  90 percent.
                 d. fourth quarter......  100 percent.........................  100 percent........................  100 percent.
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    1. Data derived from the 2000 U.S. Census is available on the web 
at http://199.159.140.1/census.
    2. Due to the absence of Census data.
    3. All dates are tentative and are for the close of business (COB). 
Pooled funds will be placed in the National office reserve and made 
available administratively. The Administrator reserves the right to 
redistribute funds based upon program performance.
    4. Funds will be distributed cumulatively through each quarter 
listed until the National office year-end pooling date.

    Dated: March 9, 2004.
Arthur A. Garcia,
Administrator, Rural Housing Service.
BILLING CODE 3410-XV-P

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    Dated: March 9, 2004.
Arthur A. Garcia,
Administrator, Rural Housing Service.
[FR Doc. 04-5959 Filed 3-16-04; 8:45 am]
BILLING CODE 3410-XV-C