[Federal Register Volume 69, Number 155 (Thursday, August 12, 2004)]
[Notices]
[Pages 49947-49956]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-18448]


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DEPARTMENT OF THE TREASURY

Community Development Financial Institutions Fund


Funding Opportunity Title: Notice of Allocation Availability 
(NOAA) Inviting Applications for the CY 2005 Allocation Round of the 
New Markets Tax Credit Program

    Announcement Type: Initial announcement of tax credit allocation 
availability.
    Dates: Electronic applications must be received by 5 p.m. ET on 
October 6, 2004. Paper applications must be postmarked on or before 
October 6, 2004 and received by 5 p.m. ET on October 14, 2004 (see 
Section IV.D. of this NOAA for more details). Applications must meet 
all eligibility and other requirements and deadlines, as applicable, 
set forth in this NOAA. Allocation applicants that are not yet 
certified as community development entities (CDEs) must submit an 
application for certification as a CDE that is postmarked on or before 
September 8, 2004 and received by 5 p.m. ET on September 15, 2004 (see 
Section III. of this NOAA for more details).
    Executive Summary: This NOAA is issued in connection with the 
calendar year 2005 tax credit allocation round of the New Markets Tax 
Credit (NMTC) Program, as authorized by Title I, subtitle C, section 
121 of the Community Renewal Tax Relief Act of 2000 (the Act). Through 
the NMTC Program, the Community Development Financial Institutions Fund 
(the Fund) provides authority to CDEs to offer an incentive to 
investors in the form of a tax credit over seven years, which is 
expected to stimulate the provision of $15 billion in private 
investment capital that, in turn, will facilitate economic and 
community development in Low-Income Communities. In this NOAA, the Fund 
addresses specifically how an entity may apply to receive an allocation 
of NMTCs, the competitive procedure through which NMTC Allocations will 
be made, and the actions that will be taken to ensure that proper 
allocations are made to appropriate entities.

I. Allocation Availability Description

A. Programmatic Improvements

    In the first two allocation rounds of the NMTC Program, the Fund 
received total allocation requests in excess of $56 billion when the 
total allocation authority available was $6 billion. In this NOAA, the 
Fund intends to target its resources by providing allocations first to 
those highly qualified applicants that have demonstrated the most 
compelling and innovative business strategies and/or have committed to 
achieving the most challenging impacts in Low-Income Communities. As 
further described in Section V. B of this NOAA, applicants must 
demonstrate that they are minimally qualified under each of the four 
review criteria (Business Strategy; Capitalization Strategy; Management 
Capacity and Community Impact) in order to be considered for an 
allocation. In addition, in prioritizing awards, the Fund will give 
greater weight to the elements contained in each applicant's Business 
Strategy and Community Impact sections. The Fund believes that this 
programmatic focus is warranted because it helps direct resources to 
CDEs that are pursuing innovative business strategies that are likely 
to result in significant and demonstrable community impact.
    The Fund also has determined that, given the historical level of 
interest in the NMTC Program and the lower level of tax credit 
authority the Fund can allocate in 2005, it is prudent to set general 
limitations on the size of individual allocation amounts. As stated in 
Section II. A. of this NOAA, the Fund generally will not provide more 
than $150 million of allocation authority to any single applicant in 
this application round.
    Finally, the Fund has modified certain eligibility requirements 
relating to prior Allocatees wishing to apply for an additional 
allocation in this CY 2005 allocation round. In the CY 2003-2004 
allocation round, prior Allocatees had to demonstrate that at least 50 
percent of their Qualified Equity Investments had been issued. In this 
CY 2005 allocation round, under certain circumstances, a prior 
Allocatee wishing to apply for an additional allocation will be 
permitted to use legally binding investor commitments as well as 
Qualified Equity Investments in order to meet the eligibility 
requirements. These requirements are more fully described in Section 
III. 2 of this NOAA.

B. Program Guidance and Regulations

    This NOAA provides guidance for the application and allocation of 
NMTCs for the third round of the NMTC Program and should be read in 
conjunction with: (i) Guidance published by the Fund on how an entity 
may apply to become certified as a CDE (66 FR 65806, December 20, 
2001); (ii) the temporary regulations issued by the Internal Revenue 
Service (26 CFR 1.45D-1T, published on December 26, 2001, and amended 
on March 11, 2004) and related guidance; and (iii) the application and 
related materials for this third NMTC Program allocation round. All 
such materials may be found on the Fund's Web site at http://www.cdfifund.gov. The Fund encourages applicants to review these 
documents. Capitalized terms used but not defined in this NOAA shall 
have the respective meanings assigned to them in the allocation 
application, the Act or the IRS temporary regulations.

II. Allocation Information

A. Allocation Amounts

    The Fund expects that it may allocate to CDEs the authority to 
issue to their investors up to the aggregate amount of $2.0 billion in 
equity as to which NMTCs may be claimed, as permitted under IRC Sec.  
45D(f)(1)(C). The Fund anticipates that, under this NOAA, it will not 
issue more than $150 million in tax credit allocation authority per 
applicant. The Fund, in its sole discretion, reserves the right to 
allocate amounts in excess of or less than the anticipated maximum 
allocation amount if the Fund deems it appropriate. In order to receive 
an allocation in excess of $150 million, an applicant will likely need 
to demonstrate, for example, that: (i) No part of its strategy can be 
successfully implemented without an allocation in excess of $150 
million; or (ii) its strategy will produce extraordinary community 
impact. The Fund reserves the right to allocate tax credit authority to 
any, all or none of the entities that submit an application in response 
to this NOAA, and in any amount it deems appropriate.

[[Page 49948]]

B. Types of Awards

    NMTC Program awards are made in the form of tax credit authority.

C. Notice of Allocation and Allocation Agreement

    Each Allocatee under this NOAA must sign a Notice of Allocation and 
an Allocation Agreement before the NMTC Allocation is effective. The 
Notice of Allocation and the Allocation Agreement contain the terms and 
conditions of the allocation. For further information, see Section VI. 
of this NOAA.

III. Eligibility

A. Eligible Applicants

    IRC Sec.  45D specifies certain eligibility requirements that each 
applicant must meet to be eligible to apply for an allocation of NMTCs. 
The following sets forth additional detail and certain additional dates 
that relate to the submission of applications under this NOAA:
    1. CDE certification: For purposes of this NOAA, the Fund will not 
consider an application for an allocation of NMTCs unless: (a) The 
applicant is certified as a CDE at the time the Fund receives its NMTC 
Program allocation application; or (b) the applicant submits an 
application for certification as a CDE that is postmarked on or before 
September 8, 2004, and received by 5 p.m. ET on September 15, 2004. 
Applicants for certification may obtain a CDE certification application 
through the Fund's Web site at http://www.cdfifund.gov. Applications 
for CDE certification must be submitted as instructed in the 
application form. An applicant that is a community development 
financial institution (CDFI) or a specialized small business investment 
company (SSBIC) does not need to submit a CDE certification 
application, but must register as a CDE on the Fund's Web site on or 
before 5 p.m. ET on September 8, 2004. The Fund will not provide 
allocations of NMTCs to applicants that are not certified as CDEs. See 
Section IV.D.1.c. of this NOAA for further requirements relating to 
postmarks.
    If an applicant that has already been certified as a CDE wishes to 
change its designated CDE service area, it must submit its request for 
such a change to the Fund; and said request must be received by the 
Fund by 5 p.m. ET on October 6, 2004. The CDE service area change 
request must be sent from the applicant's authorized representative and 
include the applicable CDE control number, the revised service area 
designation, and an updated accountability chart that reflects 
representation from Low-Income Communities in the revised service area. 
The service area change request must be sent by e-mail to 
[email protected] or by facsimile to (202) 622-7754.
    2. Prior awardees or Allocatees: Applicants must be aware that 
success in a prior round of any of the Fund's programs is not 
indicative of success under this NOAA. Prior awardees of any component 
of the Fund's Community Development Financial Institutions (CDFI) 
Program, Bank Enterprise Award (BEA) Program, or any other Fund program 
and prior Allocatees under the NMTC Program are eligible to apply under 
this NOAA, except as follows:
    (a) Prior Allocatees and Qualified Equity Investment issuance 
requirements: A prior Allocatee in the first round of the NMTC Program 
(CY 2001-2002) is not eligible to receive a NMTC Allocation pursuant to 
this NOAA unless the Allocatee can demonstrate that, as of 11:59 p.m. 
e.t. on January 21, 2005, it has: (i) Issued and received cash from its 
investors for at least 50 percent of its Qualified Equity Investments 
relating to its prior NMTC Allocation; or (ii) issued and received cash 
from its investors for at least 40 percent of its Qualified Equity 
Investments and that at least 80 percent of its total NMTC Allocation 
has been exchanged for cash from or has been committed by its 
investors. A prior Allocatee in the second round of the NMTC Program 
(CY 2003-2004) is not eligible to receive a NMTC Allocation pursuant to 
this NOAA unless the Allocatee can demonstrate that, as of 11:59 p.m. 
e.t. on January 21, 2005, it has: (i) Issued and received cash from its 
investors for at least 50 percent of its Qualified Equity Investments 
relating to its prior NMTC Allocation; or (ii) issued and received cash 
from its investors for at least 20 percent of its Qualified Equity 
Investments and that at least 60 percent of its total NMTC Allocation 
has been exchanged for cash from or has been committed by its 
investors. Further, an entity is not eligible to receive a NMTC 
Allocation pursuant to this NOAA if another entity that Controls the 
applicant, is Controlled by the applicant or shares common management 
officials with the applicant (as determined by the Fund) is a prior 
Allocatee and has not, as of 11:59 p.m. e.t. on January 21, 2005, met 
the requirements for the issuance and/or commitment of Qualified Equity 
Investments as set forth above for the Allocatees in the first and 
second allocation rounds of the NMTC Program.
    For purposes of this section of the NOAA, the Fund will only count 
as ``issued'' those Qualified Equity Investments that have been 
recorded in the Fund's Allocation Tracking System (ATS) by 11:59 p.m. 
e.t. on January 21, 2005. Allocatees and their Subsidiary transferees, 
if any, are advised to access ATS to record each Qualified Equity 
Investment that they issue to an investor in exchange for cash. For 
purposes of this section of the NOAA, ``committed'' Qualified Equity 
Investments are only those Equity Investments that are evidenced by a 
written, signed document in which an investor: (i) Commits to make an 
investment in the Allocatee in a specified amount and on specified 
terms; (ii) has made an initial disbursement of the investment proceeds 
to the Allocatee, and such initial disbursement has been recorded in 
ATS as a Qualified Equity Investment; (iii) commits to disburse the 
remaining investment proceeds to the Allocatee based on specified 
amounts and payment dates; and (iv) commits to make the final 
disbursement to the Allocatee no later than January 21, 2008. The 
applicant will be required, upon notification from the Fund, to submit 
adequate documentation to substantiate the required issuances of and 
commitments for Quality Equity Investments.
    (b) Failure to meet reporting requirements: The Fund will not 
consider an application submitted by an applicant if the applicant, or 
an entity that Controls the applicant, is Controlled by the applicant 
or shares common management officials with the applicant (as determined 
by the Fund) is a prior Fund awardee or Allocatee under any Fund 
program and is not current on the reporting requirements set forth in a 
previously executed assistance, allocation or award agreement(s), as of 
the application deadline of this NOAA. Please note that the Fund only 
acknowledges the receipt of reports that are complete. As such, 
incomplete reports or reports that are deficient of required elements 
will not be recognized as having been received.
    (c) Pending resolution of noncompliance: If an applicant is a prior 
awardee or Allocatee under any Fund program and if: (i) It has 
submitted complete and timely reports to the Fund that demonstrate 
noncompliance with a previous assistance, award or Allocation 
Agreement; and (ii) the Fund has yet to make a final determination as 
to whether the entity is in default of its previous assistance, award 
or Allocation Agreement, the Fund will consider the applicant's 
application under this NOAA pending full resolution, in the sole 
determination of the Fund, of the

[[Page 49949]]

noncompliance. Further, if another entity that Controls the applicant, 
is Controlled by the applicant or shares common management officials 
with the applicant (as determined by the Fund), is a prior Fund awardee 
or Allocatee and if such entity: (i) Has submitted complete and timely 
reports to the Fund that demonstrate noncompliance with a previous 
assistance, award or Allocation Agreement; and (ii) the Fund has yet to 
make a final determination as to whether the entity is in default of 
its previous assistance, award or Allocation Agreement, the Fund will 
consider the applicant's application under this NOAA pending full 
resolution, in the sole determination of the Fund, of the 
noncompliance.
    (d) Default status: The Fund will not consider an application 
submitted by an applicant that is a prior Fund awardee or Allocatee 
under any Fund program if, as of the application deadline of this NOAA, 
the Fund has made a final determination that such applicant is in 
default of a previously executed assistance, allocation or award 
agreement(s) and the Fund has provided written notification of such 
determination to such applicant. Further, an entity is not eligible to 
apply for an allocation pursuant to this NOAA if, as of the application 
deadline of this NOAA, the Fund has made a final determination that 
another entity that Controls the applicant, is Controlled by the 
applicant or shares common management officials with the applicant (as 
determined by the Fund): (i) Is a prior Fund awardee or Allocatee under 
any Fund program; (ii) has been determined by the Fund to be in default 
of a previously executed assistance, allocation or award agreement(s); 
and (iii) the Fund has provided written notification of such 
determination to the defaulting entity.
    (e) Termination in default: The Fund will not consider an 
application submitted by an applicant that is a prior Fund awardee or 
Allocatee under any Fund program if, within the 12-month period prior 
to the application deadline of this NOAA, the Fund has made a final 
determination that such applicant's prior award or allocation 
terminated in default of a previously executed assistance, allocation 
or award agreement(s) and the Fund has provided written notification of 
such determination to such applicant. Further, an entity is not 
eligible to apply for an allocation pursuant to this NOAA if, within 
the 12-month period prior to the application deadline of this NOAA, the 
Fund has made a final determination that another entity that Controls 
the applicant, is Controlled by the applicant or shares common 
management officials with the applicant (as determined by the Fund), is 
a prior Fund awardee or Allocatee under any Fund program whose award or 
allocation terminated in default of a previously executed assistance, 
allocation or award agreement(s), and the Fund has provided written 
notification of such determination to the defaulting entity.
    (f) Undisbursed balances: The Fund will not consider an application 
submitted by an applicant that is a prior Fund awardee under any Fund 
program if the applicant has a balance of undisbursed funds (defined 
below) under said prior award(s), as of the application deadline of 
this NOAA. Further, an entity is not eligible to apply for an award 
pursuant to this NOAA if another entity that Controls the applicant, is 
Controlled by the applicant or shares common management officials with 
the applicant (as determined by the Fund), is a prior Fund awardee 
under any Fund program, and has a balance of undisbursed funds under 
said prior award(s), as of the application deadline of this NOAA. In a 
case where another entity that Controls the applicant, is Controlled by 
the applicant or shares common management officials with the applicant 
(as determined by the Fund), is a prior Fund awardee under any Fund 
program, and has a balance of undisbursed funds under said prior 
award(s), as of the application deadline of this NOAA, the Fund will 
include the combined awards of the applicant and such affiliated 
entities when calculating the amount of undisbursed funds.
    For purposes of this section, ``undisbursed funds'' is defined as: 
(i) In the case of a prior BEA Program award(s), any balance of award 
funds equal to or greater than five (5) percent of the total prior BEA 
Program award(s) that remains undisbursed more than three (3) years 
after the end of the calendar year in which the Fund signed an award 
agreement with the awardee; and (ii) in the case of a prior CDFI 
Program or other Fund program award(s), any balance of award funds 
equal to or greater than five (5) percent of the total prior award(s) 
that remains undisbursed more than two (2) years after the end of the 
calendar year in which the Fund signed an assistance agreement with the 
awardee.
    ``Undisbursed funds'' does not include (i) tax credit allocation 
authority made available through the NMTC Program; (ii) any award funds 
for which the Fund received a full and complete disbursement request 
from the awardee by the application deadline of this NOAA; and (iii) 
any award funds for an award that has been terminated, expired, 
rescinded or deobligated by the Fund.
    (g) Contact the Fund: Accordingly, applicants that are prior 
awardees and/or Allocatees under any other Fund program are advised to: 
(i) Comply with the requirements specified in assistance, allocation 
and/or award agreement(s), and (ii) contact the Fund to ensure that all 
necessary actions are underway for the disbursement of any outstanding 
balance of a prior award(s). All outstanding reports, compliance or 
disbursement questions should be directed to the Grants Management and 
Compliance Manager by e-mail at [email protected]; by telephone at 
(202) 622-8226; by facsimile at (202) 622-6453; or by mail to CDFI 
Fund, 601 13th Street, NW., Suite 200 South, Washington, DC 20005. The 
Fund will respond to applicants' reporting, compliance or disbursement 
questions between the hours of 9 a.m. and 5 p.m. e.t., starting the 
date of publication of this NOAA through October 4, 2004 (2 days before 
the application deadline). The Fund will not respond to applicants' 
reporting, compliance or disbursement phone calls or e-mail inquiries 
that are received after 5 p.m. e.t. on October 4, 2004, until after the 
funding application deadline of October 6, 2004.
    3. Entities that propose to transfer NMTCs to Subsidiaries: Both 
for-profit and non-profit CDEs may apply to the Fund for allocations of 
NMTCs, but only a for-profit CDE is permitted to provide NMTCs to its 
investors. A non-profit applicant wishing to apply for a NMTC 
Allocation must demonstrate, prior to entering into an Allocation 
Agreement with the Fund, that: (i) it controls one or more Subsidiaries 
that are for-profit entities; and (ii) it intends to transfer the full 
amount of any NMTC Allocation it receives to said Subsidiary. The 
Subsidiary transferee should: (i) Submit a CDE certification 
application to the Fund within 30 days after the non-profit applicant 
receives a Notice of Allocation from the Fund; and (ii) must be 
certified as a CDE prior to entering into an Allocation Agreement with 
the Fund. The NMTC Allocation transfer must be pre-approved by the 
Fund, in its sole discretion, and will be a condition of the Allocation 
Agreement. A for-profit applicant that receives a NMTC Allocation may 
transfer such NMTC Allocation to its for-profit Subsidiary or 
Subsidiaries, provided that said Subsidiary transferees have been 
certified as CDEs and such transfer is pre-approved by the Fund, in its 
sole discretion, which transfer will be a condition of the Allocation 
Agreement.

[[Page 49950]]

    An applicant wishing to transfer all or a portion of its NMTC 
Allocation to a Subsidiary is not required to create the Subsidiary 
prior to submitting a NMTC allocation application to the Fund. Rather, 
the Fund will require each applicant to indicate, in its NMTC 
allocation application, whether it intends to transfer all or a portion 
of its NMTC Allocation to a Subsidiary and its timeline for doing so. 
As stated above, in no circumstance will the Fund authorize such a 
transfer until the Fund has certified the Subsidiary transferee as a 
CDE.
    4. Entities that submit applications together with Affiliates; 
applications from common enterprises: As part of the allocation 
application review process, the Fund considers whether applicants are 
Affiliates, as such term is defined in the allocation application. If 
an applicant and its Affiliates wish to submit allocation applications, 
they must do so collectively, in one application; an applicant and its 
Affiliates may not submit separate allocation applications. If 
Affiliated entities submit multiple applications, the Fund reserves the 
right either to reject all such applications received or to select a 
single application as the only one that will be considered for an 
allocation.
    For purposes of this NOAA, in addition to assessing whether 
applicants meet the definition of the term ``Affiliate'' found in the 
allocation application, the Fund will consider: (i) Whether the 
activities described in applications submitted by separate entities 
are, or will be, operated or managed as a common enterprise that, in 
fact or effect, could be viewed as a single entity; and (ii) whether 
the business strategies and/or activities described in applications 
submitted by separate entities are so closely related that, in fact or 
effect, they could be viewed as substantially identical applications. 
In such cases, the Fund reserves the right either to reject all 
applications received from all such entities or to select a single 
application as the only one that will be considered for an allocation.
    5. Entities created as a series of funds: An applicant whose 
business structure consists of an entity with a series of funds may 
apply for CDE certification as a single entity, or as multiple 
entities. If such an applicant represents that it is properly 
classified for Federal tax purposes as a single partnership or 
corporation, it may apply for CDE certification as a single entity. If 
an applicant represents that it is properly classified for Federal tax 
purposes as multiple partnerships or corporations, then it may submit a 
single CDE certification application on behalf of the entire series of 
funds, and each fund must be separately certified as a CDE. Applicants 
should note, however, that receipt of CDE certification as a single 
entity or as multiple entities is not a determination that an applicant 
and its related funds are properly classified as a single entity or as 
multiple entities for Federal tax purposes. Regardless of whether the 
series of funds is classified as a single partnership or corporation or 
as multiple partnerships or corporations, an applicant may not transfer 
any NMTC Allocations it receives to one or more of its funds unless the 
transfer is pre-approved by the Fund, in its sole discretion, which 
will be a condition of the Allocation Agreement.
    6. Entities that are BEA Program awardees: An insured depository 
institution investor (and its Affiliates and Subsidiaries) may not 
receive a NMTC Allocation in addition to a BEA Program award for the 
same investment in a CDE. Likewise, an insured depository institution 
investor (and its Affiliates and Subsidiaries) may not receive a BEA 
Program award in addition to a NMTC Allocation for the same investment 
in a CDE.

IV. Application and Submission Information

A. Address To Request Application Package

    Applicants may submit applications under this NOAA either 
electronically or in paper form. Shortly following the publication of 
this NOAA, the Fund will make available the electronic allocation 
application on its Web site at http://www.cdfifund.gov. The Fund will 
send application materials to applicants that are unable to download 
them from the Web site. To have application materials sent to you, 
contact the Fund by telephone at (202) 622-6355; by e-mail at 
[email protected]; or by facsimile at (202) 622-7754. These are 
not toll free numbers.

B. Application Content Requirements

    Detailed application content requirements are found in the 
application related to this NOAA. Applicants must submit all materials 
described in and required by the application by the applicable 
deadlines. Applicants will not be afforded an opportunity to provide 
any missing materials or documentation. Electronic applications must be 
submitted solely by using the format made available at the Fund's Web 
site. Additional information, including instructions relating to the 
submission of signature forms and supporting information, is set forth 
in further detail in the electronic application. An application must 
include a valid and current Employer Identification Number (EIN) issued 
by the Internal Revenue Service and assigned to the applicant and, if 
applicable, its Controlling Entity; electronic applications without a 
valid EIN are incomplete and cannot be transmitted to the Fund; paper 
applications submitted without a valid EIN will be rejected as 
incomplete and returned to the sender. For more information on 
obtaining an EIN, please contact the Internal Revenue Service at (800) 
829-4933 or http://www.irs.gov. An applicant may not submit more than 
one application in response to this NOAA. In addition, as stated in 
Section III.A.4 of this NOAA, an applicant and its Affiliates must 
collectively submit only one allocation application; an applicant and 
its Affiliates may not submit separate allocation applications.

C. Form of Application Submission

    Applicants may submit applications under this NOAA either 
electronically or in paper form. Applications sent by facsimile or by 
e-mail will not be accepted. In order to expedite application review, 
the Fund expects applicants to submit applications electronically (via 
an Internet-based application) in accordance with the instructions 
provided on the Fund's website. Submission of an electronic application 
will facilitate the processing and review of applications and the 
selection of Allocatees; further it will assist the Fund in the 
implementation of electronic reporting requirements.
    1. Electronic applications: Electronic applications must be 
submitted solely by using the Fund's website and must be sent in 
accordance with the submission instructions provided in the electronic 
application form. Applicants need access to Internet Explorer 5.5 or 
higher or Netscape Navigator 6.0 or higher, Windows 98 or higher (or 
other system compatible with the above Explorer and Netscape software) 
and optimally at least a 56Kbps Internet connection in order to meet 
the electronic application submission requirements. The Fund's 
electronic application system will only permit the submission of 
applications in which all required questions and tables are fully 
completed. Additional information, including instructions relating to 
the submission of signature forms and supporting information, is set 
forth in further detail in the electronic application.

[[Page 49951]]

    2. Paper applications: If an applicant is unable to submit an 
electronic application, it must submit to the Fund a request for a 
paper application using the NMTC Program Paper Application Submission 
Form, and the request must be received by 5 p.m. e.t. on September 22, 
2004. The NMTC Program Paper Application Submission Form may be 
obtained from the Fund's Web site at http://www.cdfifund.gov or the 
form may be requested by e-mail to [email protected] or by 
facsimile to (202) 622-7754. The completed NMTC Program Paper 
Application Submission Form should be directed to the Fund's Chief 
Information Officer and must be sent by facsimile to (202) 622-7754.

D. Application Submission Dates and Times

    1. Application deadlines: a. Electronic applications must be 
received by 5 p.m. e.t. on October 6, 2004. Electronic applications 
cannot be transmitted or received after 5 p.m. e.t. on October 6, 2004. 
In addition, applicants that submit electronic applications must 
separately submit (by mail or other courier delivery service) an 
original signature page, and all other required paper attachments. The 
original signature page and additional documents must be postmarked on 
or before October 12, 2004, and received by 5 p.m. e.t. on October 19, 
2004. See application instructions, provided in the electronic 
application, for further detail. Applications and other required 
documents and other attachments postmarked or received after these 
dates and times will be rejected and returned to the sender. If the 
original signature page is not postmarked and received by the deadlines 
specified above, the application will be rejected and returned to the 
sender. See Section IV.D.1.c. of this NOAA for further requirements 
relating to postmarks. Additional deadlines (if any) relating to the 
submission of general supporting documentation will be further detailed 
in the electronic application. Please note that the document submission 
deadlines in this NOAA and/or the allocation application are strictly 
enforced.
    b. Paper applications, including the requisite original signature 
page, and all other required paper attachments must be postmarked on or 
before October 6, 2004, and received by 5 p.m. e.t. on October 14, 
2004. Paper applications postmarked or received after these deadlines 
will not be accepted for consideration and will be returned to the 
sender.
    c. For purposes of this NOAA, the term ``postmark'' is defined by 
26 CFR 301.7502-1. In general, the Fund will require that the 
postmarked document bear a postmark date that is on or before the 
applicable deadline. The document must be in an envelope or other 
appropriate wrapper, properly addressed as set forth in this NOAA and 
delivered by the United States Postal Service or any other private 
delivery service designated by the Secretary of the Treasury. For more 
information on designated delivery services, please see IRS Notice 
2002-62, 2002-2 C.B. 574.

E. Intergovernmental Review

    Not applicable.

F. Funding Restrictions

    For allowable uses of investment proceeds related to an NMTC 
Allocation, please see 26 U.S.C. 45D and the temporary regulations 
issued by the Internal Revenue Service (26 CFR 1.45D-1T, published on 
December 26, 2001, and amended on March 11, 2004) and related guidance. 
Please see Section I., above, for the Programmatic Improvements of this 
NOAA.

G. Other Submission Requirements

    Addresses: Paper applications and the signature page and 
attachments for electronic applications must be sent to: CDFI Fund 
Grants Management and Compliance Manager, NMTC Program, Bureau of 
Public Debt, 200 Third Street, Room 10, Parkersburg, WV 26101. The 
telephone number to be used in conjunction with overnight delivery or 
mailings to this address is (304) 480-5450. Paper applications and the 
signature page or attachments will not be accepted at the Fund's 
offices in Washington, DC. Paper applications and signature pages or 
attachments received in the Fund's offices will be rejected and 
returned to the sender. Except for the signature page and attachments, 
electronic applications must be submitted solely by using the Fund's 
website and must be sent in accordance with the submission instructions 
provided in the electronic application form.

V. Application Review Information

    There are two parts to the substantive review process for each 
allocation application--Phase 1 and Phase 2. In Phase 1, the Fund will 
evaluate each application, assigning points and numeric scores with 
respect to the criteria described below. In Phase 2, the Fund will rank 
applicants in accordance with the procedures set forth in Section V.B. 
of this NOAA.

A. Criteria

    1. Business Strategy (25-point maximum). (a) In assessing an 
applicant's business strategy, reviewers will consider, among other 
things: the applicant's products, services and investment criteria; the 
prior performance of the applicant or its Controlling Entity, 
particularly as it relates to making similar kinds of investments as 
those it proposes to make with the proceeds of Qualified Equity 
Investments; the applicant's prior performance in providing capital or 
technical assistance to disadvantaged businesses or communities; the 
projected level of the applicant's pipeline of potential investments; 
and the extent to which the applicant intends to make Qualified Low-
Income Community Investments in one or more businesses in which persons 
unrelated to the entity hold a majority equity interest.
    Under the Business Strategy criterion, an applicant will generally 
score well to the extent that it will deploy debt or investment capital 
in products or services which: (i) Are designed to meet the needs of 
underserved markets; (ii) are flexible or non-traditional in form; and 
(iii) focus on customers or partners that typically lack access to 
conventional sources of capital. An applicant will also score well to 
the extent that it: (i) Has a track record of successfully providing 
products and services similar to those it intends to use with the 
proceeds of Qualified Equity Investments; (ii) has identified, or has a 
process for identifying, potential transactions; (iii) demonstrates a 
likelihood of issuing Qualified Equity Investments and making the 
related Qualified Low-Income Community Investments in a time period 
that is significantly shorter than the 5-year period permitted under 
IRC Sec.  45D(b)(1); and (iv) in the case of an applicant proposing to 
purchase loans from CDEs, the applicant will require the CDE selling 
such loans to re-invest the proceeds of the loan sale to provide 
additional products and services to Low-Income Communities.
    (b) Priority Points: In addition, as provided by IRC Sec.  
45D(f)(2), the Fund will ascribe additional points to entities that 
meet either or both of the statutory priorities. First, the Fund will 
give up to five (5) additional points to any applicant that has a 
record of having successfully provided capital or technical assistance 
to disadvantaged businesses or communities. Second, the Fund will give 
five (5) additional points to any applicant that intends to satisfy the 
requirement of IRC Sec.  45D(b)(1)(B) by

[[Page 49952]]

making Qualified Low-Income Community Investments in one or more 
businesses in which persons unrelated to an applicant (within the 
meaning of IRC Sec.  267(b) or IRC Sec.  707(b)(1)) hold the majority 
equity interest. Applicants may earn points for either or both 
statutory priorities. Thus, applicants that meet the requirements of 
both priority categories can receive up to a total of ten (10) 
additional points. A record of having successfully provided capital or 
technical assistance to disadvantaged businesses or communities may be 
demonstrated either by the past actions of an applicant itself or by 
its Controlling Entity (e.g., where a new CDE is established by a 
nonprofit corporation with a history of providing assistance to 
disadvantaged communities). An applicant that receives additional 
points for intending to make investments in unrelated businesses and is 
awarded a NMTC Allocation must meet the requirements of IRC Sec.  
45D(b)(1)(B) by investing substantially all of the proceeds from the 
aggregate amount of its Qualified Equity Investments in unrelated 
businesses. The Fund will factor in an applicant's priority points when 
ranking applicants during Phase 2 of the review process, as described 
below.
    2. Capitalization Strategy (25-point maximum). In assessing an 
applicant's capitalization strategy, reviewers will consider, among 
other things: the extent to which the applicant has secured 
investments, commitments to invest, or indications of interest in 
investments from investors, commensurate with its requested amount of 
tax credit allocations; the applicant's strategy for identifying 
additional investors, if necessary, including the applicant's (or its 
Controlling Entity's) prior performance with raising equity from 
investors, particularly for-profit investors; the extent to which the 
applicant identifies how existing investors will leverage their 
investments in Low-Income Communities or how new investors will be 
brought into such investments; the distribution of the economic 
benefits of the tax credit; the extent to which the applicant intends 
to invest the proceeds from the aggregate amount of its Qualified 
Equity Investments at a level that exceeds the requirements of IRC 
Sec.  45D(b)(1)(B), including the extent to which the applicant has 
identified the financial resources outside of the NMTC investments 
necessary to support its operations or finance its activities; and the 
applicant's timeline for utilizing an NMTC Allocation.
    An applicant will generally score well under this section to the 
extent that: (a) It has secured investor commitments, or has a 
reasonable strategy for obtaining such commitments; (b) its request for 
allocations is commensurate with both the level of Qualified Equity 
Investments it is likely to raise and its expected investment strategy 
to deploy funds raised with NMTCs; (c) it generally demonstrates that 
the economic benefits of the tax credit will be passed through to end 
users; (d) it is likely to leverage other sources of funding in 
addition to NMTC investor dollars; and (e) it intends to invest the 
proceeds from the aggregate amount of its Qualified Equity Investments 
at a level that exceeds the requirements of IRC Sec.  45D(b)(1)(B). In 
the case of an applicant proposing to raise investor funds from 
organizations that also will identify or originate transactions for the 
applicant or from affiliated entities, said applicant will score well 
to the extent that it will offer products with more favorable rates or 
terms than those currently offered by the investor and/or will target 
its activities to areas of greater economic distress than those 
currently targeted by the investor.
    3. Management Capacity (25-point maximum). In assessing an 
applicant's management capacity, reviewers will consider, among other 
things, the qualifications of the applicant's principals, its board 
members, its management team, and other essential staff or contractors, 
with specific focus on: experience in deploying capital or technical 
assistance, including activities similar to those described in the 
applicant's business strategy; experience in raising capital; asset 
management and risk management experience; experience with fulfilling 
compliance requirements of other governmental programs, including other 
tax programs; and the applicant's (or its Controlling Entity's) 
financial health. Reviewers will also consider the extent to which an 
applicant has protocols in place to ensure ongoing compliance with NMTC 
Program requirements, and the level of involvement of community 
representatives and other stakeholders in the design, implementation or 
monitoring of an applicant's business plan and strategy. In the case of 
an applicant (or any entity that Controls the applicant, is Controlled 
by the applicant or shares common management officials with the 
applicant (as determined by the Fund)) that has received a NMTC 
Allocation from the Fund under a prior allocation round, reviewers will 
consider the activities that have occurred to date with respect to the 
prior allocation(s).
    An applicant will generally score well under this section to the 
extent that its management team or other essential personnel have 
experience in: (a) Deploying capital or technical assistance in Low-
Income Communities, particularly those likely to be served by the 
applicant with the proceeds of Qualified Equity Investments; (b) 
raising capital, particularly from for-profit investors; (c) asset and 
risk management; and (d) fulfilling government compliance requirements, 
particularly tax program compliance. An applicant will also score well 
to the extent it has policies and systems in place to ensure ongoing 
compliance with NMTC Program requirements, and to the extent that Low-
Income Community stakeholders play an active role in designing or 
implementing its business plan. In the case of an applicant (or any 
entity that Controls the applicant, is Controlled by the applicant or 
shares common management officials with the applicant (as determined by 
the Fund)) that has received a NMTC Allocation from the Fund under a 
prior allocation round, the applicant will score well to the extent it 
can: (a) Demonstrate that substantial activities have occurred through 
its prior allocation(s); and (b) substantiate a need for additional 
allocation authority.
    4. Community Impact (25-point maximum). In assessing the impact on 
communities expected to result from the applicant's proposed 
investments, reviewers will consider, among other things, the degree to 
which the applicant is likely to achieve significant and measurable 
community development and economic impacts in its Low-Income 
Communities, and whether the applicant is working in particularly 
economically distressed markets and/or in concert with Federal, state 
or local government or community economic development initiatives 
(e.g., Empowerment Zones, Enterprise Communities, and Renewal 
Communities). An applicant will generally score well under this section 
to the extent that: (a) it articulates how its strategy is likely to 
produce significant and measurable community development and economic 
impacts that would not be achieved without NMTCs; and (b) it is working 
in particularly economically distressed or otherwise underserved 
communities and/or in concert with other Federal, state or local 
government or community economic development initiatives.

B. Review and Selection Process

    All allocation applications will be reviewed for eligibility and 
completeness. The Fund may consult with the IRS on the eligibility 
requirements under IRC Sec.  45D. To be

[[Page 49953]]

complete, the application must contain, at a minimum, all information 
described as required in the application form. An incomplete 
application will be rejected and returned to the sender. Once the 
application has been determined to be eligible and complete, the Fund 
will conduct the substantive review of each application in two parts 
(Phase 1 and Phase 2) in accordance with the criteria and procedures 
generally described in this NOAA and the allocation application.
    Phase 1: Fund reviewers will evaluate and score each application in 
the first part of the review process. An applicant must exceed a 
minimum overall aggregate base score threshold and exceed a minimum 
aggregate section score threshold in each of the four application 
sections (Business Strategy, Capitalization Strategy, Management 
Capacity, and Community Impact) in order to advance from the first part 
of the substantive review process. If, in the case of a particular 
application, a reviewer's total base score or section score(s) (in one 
or more of the four application sections), varies significantly from 
the median of the reviewers' total base scores or section scores for 
such application, the Fund may, in its sole discretion, obtain the 
comments and recommendations of an additional reviewer to determine 
whether the anomalous score should be replaced with the score of the 
additional reviewer.
    Phase 2: Once the Fund has determined which applicants have met the 
required minimum overall aggregate base score and aggregate section 
score thresholds, the Fund will rank applicants on the basis of their 
combined scores in the Business Strategy and Community Impact sections 
of the application and will make adjustments to each applicant's 
priority points so that these points maintain the same relative weight 
in the ranking of applicant scores as in the first two allocation 
rounds. The Fund will award allocations in the order of this ranking, 
subject to applicants' meeting all other eligibility requirements; 
provided, however, that the Fund, in its sole discretion, reserves the 
right to reject an application and/or adjust award amounts as 
appropriate based on information obtained during the review process.
    In the case of an applicant (or any entity that Controls the 
applicant, is Controlled by the applicant or shares common management 
officials with the applicant (as determined by the Fund)) that has 
previously received an award or allocation from the Fund through any 
Fund program, the Fund will consider and will deduct points for the 
applicant's (or any entity that Controls the applicant, is Controlled 
by the applicant or shares common management officials with the 
applicant (as determined by the Fund)) failure to meet the reporting 
deadlines set forth in any assistance, award or Allocation Agreement(s) 
with the Fund during the applicant's two complete fiscal years prior to 
the application deadline of this NOAA (generally FY 2002 and 2003). All 
outstanding reports or compliance questions should be directed to the 
Grants Management and Compliance Manager by e-mail at 
[email protected]; by telephone at (202) 622-8226; by facsimile at 
(202) 622-6453; or by mail to CDFI Fund, 601 13th Street, NW, Suite 200 
South, Washington, DC 20005. The Fund will respond to reporting or 
compliance questions between the hours of 9 a.m. and 5 p.m. e.t., 
starting the date of the publication of this NOAA through October 4, 
2004. The Fund will not respond to reporting or compliance phone calls 
or e-mail inquiries that are received after 5 p.m. e.t. on October 4, 
2004, until after the funding application deadline of October 6, 2004.
    The Fund reserves the right to reject any NMTC allocation 
application in the case of a prior Fund awardee, if such applicant has 
failed to comply with the terms, conditions, and other requirements of 
the prior or existing assistance or award agreement(s) with the Fund. 
The Fund reserves the right to reject any NMTC allocation application 
in the case of a prior Fund Allocatee, if such applicant has failed to 
comply with the terms, conditions, and other requirements of its prior 
or existing Allocation Agreement(s) with the Fund. The Fund also 
reserves the right to reject any NMTC allocation application in the 
case of any applicant, if an entity that Controls the applicant, is 
Controlled by the applicant or shares common management officials with 
the applicant (as determined by the Fund), has failed to meet the 
terms, conditions and other requirements of any prior or existing 
assistance agreement, award agreement or Allocation Agreement with the 
Fund.
    As a part of the substantive review process, the Fund may permit 
reviewer(s) to make telephone calls to applicants for the sole purpose 
of obtaining, clarifying or confirming application information. In no 
event shall such contact be construed to permit an applicant to change 
any element of its application. Reviewers will not contact applicants 
without the prior approval of the Fund. At this point in the process, 
an applicant may be required to submit additional information about its 
application in order to assist the Fund with its final evaluation 
process. Such requests must be responded to within the time parameters 
set by the Fund. The selecting official(s) will make a final allocation 
determination based on an applicant's file, including without 
limitation, eligibility under IRC Sec.  45D, the reviewers' scores and 
the amount of allocation authority available. In the case of applicants 
(or any entity that Controls the applicant, is Controlled by the 
applicant or shares common management officials with the applicant (as 
determined by the Fund)) that are regulated by the Federal government 
or a State agency (or comparable entity), the Fund's selecting 
official(s) reserve(s) the right to consult with and take into 
consideration the views of the appropriate Federal or State banking and 
other regulatory agencies. In the case of applicants (or any entity 
that Controls the applicant, is Controlled by the applicant or shares 
common management officials with the applicant (as determined by the 
Fund)) that are also Small Business Investment Companies, Specialized 
Small Business Investment Companies or New Markets Venture Capital 
Companies, the Fund reserves the right to consult with and take into 
consideration the views of the Small Business Administration.
    The Fund reserves the right to conduct additional due diligence, as 
determined reasonable and appropriate by the Fund, in its sole 
discretion, related to the applicant and its officers, directors, 
owners, partners and key employees.
    Each applicant will be informed of the Fund's award decision either 
through a Notice of Allocation if selected for an allocation (see 
Section VI.A. of this NOAA) or a declination letter, if not selected 
for an allocation, which may be for reasons of application 
incompleteness, ineligibility or substantive issues. All applicants 
that are not selected for an allocation based on substantive issues 
will likely be given the opportunity to obtain 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 further reserves the right to change its eligibility and 
evaluation criteria and procedures, if the Fund deems it appropriate; 
if said changes materially affect the Fund's award decisions, the Fund 
will provide information regarding the changes through the Fund's Web 
site.

[[Page 49954]]

    There is no right to appeal the Fund's allocation decisions. The 
Fund's allocation decisions are final.

VI. Award Administration Information

A. Notice of Allocation

    The Fund will signify its selection of an applicant as an Allocatee 
by delivering a signed Notice of Allocation to the applicant. The 
Notice of Allocation will contain the general terms and conditions 
underlying the Fund's provision of an NMTC Allocation including, but 
not limited to, the requirement that an Allocatee and the Fund enter 
into an Allocation Agreement. The applicant must execute the Notice of 
Allocation and return it to the Fund. By executing a Notice of 
Allocation, the Allocatee agrees that, if prior to entering into an 
Allocation Agreement with the Fund, information (including 
administrative errors) comes to the attention of the Fund that either 
adversely affects the Allocatee's eligibility for an award, or 
adversely affects the Fund's evaluation or scoring of the Allocatee's 
application, or indicates fraud or mismanagement on the part of the 
Allocatee, the Fund may, in its discretion and without advance notice 
to the Allocatee, terminate the Notice of Allocation or take such other 
actions as it deems appropriate. Moreover, by executing a Notice of 
Allocation, an Allocatee agrees that, if prior to entering into an 
Allocation Agreement with the Fund, the Fund determines that the 
Allocatee is not in compliance with the terms of any prior assistance 
agreement, award agreement, and/or Allocation Agreement entered into 
with the Fund, the Fund may, in its discretion and without advance 
notice to the Allocatee, either terminate the Notice of Allocation or 
take such other actions as it deems appropriate. The Fund reserves the 
right, in its sole discretion, to rescind the allocation and the Notice 
of Allocation if the Allocatee fails to return the Notice of 
Allocation, signed by the authorized representative of the Allocatee, 
along with any other requested documentation, by the deadline set by 
the Fund.
    1. Failure to meet reporting requirements: If an Allocatee, or an 
entity that Controls the Allocatee, is Controlled by the Allocatee or 
shares common management officials with the Allocatee (as determined by 
the Fund) is a prior Fund awardee or Allocatee under any Fund program 
and is not current on the reporting requirements set forth in the 
previously executed assistance, allocation or award agreement(s), as of 
the date of the Notice of Allocation, the Fund reserves the right, in 
its sole discretion, to delay entering into an Allocation Agreement 
and/or to impose limitations on an Allocatee's ability to issue 
Qualified Equity Investments to investors until said prior awardee or 
Allocatee is current on the reporting requirements in the previously 
executed assistance, allocation or award agreement(s). Please note that 
the Fund only acknowledges the receipt of reports that are complete. As 
such, incomplete reports or reports that are deficient of required 
elements will not be recognized as having been received. If said prior 
awardee or Allocatee is unable to meet this requirement within the 
timeframe set by the Fund, the Fund reserves the right, in its sole 
discretion, to terminate and rescind the Notice of Allocation and the 
allocation made under this NOAA.
    2. Pending resolution of noncompliance: If an applicant is a prior 
awardee or Allocatee under any Fund program and if: (i) It has 
submitted complete and timely reports to the Fund that demonstrate 
noncompliance with a previous assistance, award or Allocation 
Agreement; and (ii) the Fund has yet to make a final determination as 
to whether the entity is in default of its previous assistance, award 
or Allocation Agreement, the Fund reserves the right, in its sole 
discretion, to delay entering into an Allocation Agreement and/or to 
impose limitations on the Allocatee's ability to issue Qualified Equity 
Investments to investors, pending full resolution, in the sole 
determination of the Fund, of the noncompliance. Further, if another 
entity that Controls the applicant, is Controlled by the applicant or 
shares common management officials with the applicant (as determined by 
the Fund), is a prior Fund awardee or Allocatee and if such entity: (i) 
Has submitted complete and timely reports to the Fund that demonstrate 
noncompliance with a previous assistance, award or Allocation 
Agreement; and (ii) the Fund has yet to make a final determination as 
to whether the entity is in default of its previous assistance, award 
or Allocation Agreement, the Fund reserves the right, in its sole 
discretion, to delay entering into an Allocation Agreement and/or to 
impose limitations on the Allocatee's ability to issue Qualified Equity 
Investments to investors, pending full resolution, in the sole 
determination of the Fund, of the noncompliance. If the prior awardee 
or Allocatee in question is unable to satisfactorily resolve the issues 
of noncompliance, in the sole determination of the Fund, the Fund 
reserves the right, in its sole discretion, to terminate and rescind 
the Notice of Allocation and the allocation made under this NOAA.
    3. Default status: If, at any time prior to entering into an 
Allocation Agreement through this NOAA, the Fund has made a final 
determination that an Allocatee that is a prior Fund awardee or 
Allocatee under any Fund program is in default of a previously executed 
assistance, allocation or award agreement(s) and has provided written 
notification of such determination to the Allocatee, the Fund reserves 
the right, in its sole discretion, to delay entering into an Allocation 
Agreement and/or to impose limitations on the Allocatee's ability to 
issue Qualified Equity Investments to investors, until said prior 
awardee or Allocatee has submitted a complete and timely report 
demonstrating full compliance with said agreement within a timeframe 
set by the Fund. Further, if at any time prior to entering into an 
Allocation Agreement through this NOAA, the Fund has made a final 
determination that another entity that Controls the Allocatee, is 
Controlled by the applicant or shares common management officials with 
the Allocatee (as determined by the Fund), is a prior Fund awardee or 
Allocatee under any Fund program, and is in default of a previously 
executed assistance, allocation or award agreement(s) and has provided 
written notification of such determination to the defaulting entity, 
the Fund reserves the right, in its sole discretion, to delay entering 
into an Allocation Agreement and/or to impose limitations on the 
Allocatee's ability to issue Qualified Equity Investments to investors, 
until said prior awardee or Allocatee has submitted a complete and 
timely report demonstrating full compliance with said agreement within 
a timeframe set by the Fund. If said prior awardee or Allocatee is 
unable to meet this requirement, the Fund reserves the right, in its 
sole discretion, to terminate and rescind the Notice of Allocation and 
the allocation made under this NOAA.
    4. Termination in default: If, within the 12-month period prior to 
entering into an Allocation Agreement through this NOAA, the Fund has 
made a final determination that an Allocatee that is a prior Fund 
awardee or Allocatee under any Fund program whose award or allocation 
was terminated in default of such prior agreement and the Fund has 
provided written notification of such determination to such 
organization, the Fund reserves the right, in its sole discretion, to 
delay entering into an Allocation Agreement and/or to impose 
limitations on the Allocatee's ability to issue Qualified

[[Page 49955]]

Equity Investments to investors. Further, if within the 12-month period 
prior to entering into an Allocation Agreement through this NOAA, the 
Fund has made a final determination that another entity that Controls 
the Allocatee, is Controlled by the Allocatee or shares common 
management officials with the Allocatee (as determined by the Fund), is 
a prior Fund awardee or Allocatee under any Fund program whose award or 
allocation was terminated in default of such prior agreement, and the 
Fund has provided written notification of such determination to the 
defaulting entity, the Fund reserves the right, in its sole discretion, 
to delay entering into an Allocation Agreement and/or to impose 
limitations on the Allocatee's ability to issue Qualified Equity 
Investments to investors.

B. Allocation Agreement

    Each applicant that is selected to receive a NMTC Allocation 
(including the applicant's Subsidiary transferees) must enter into an 
Allocation Agreement with the Fund. The Allocation Agreement will set 
forth certain required terms and conditions of the NMTC Allocation 
which may include, but not be limited to, the following: (i) The amount 
of the awarded NMTC Allocation; (ii) the approved uses of the awarded 
NMTC Allocation (e.g., loans to or equity investments in Qualified 
Active Low-Income Businesses or loans to or equity investments in other 
CDEs); (iii) the approved service area(s) in which the proceeds of 
Qualified Equity Investments may be used; (iv) the time period by which 
the applicant may obtain Qualified Equity Investments from investors; 
and (v) reporting requirements for all applicants receiving NMTC 
Allocations. If an applicant has represented in its NMTC allocation 
application that it intends to invest substantially all of the proceeds 
from its investors in businesses in which persons unrelated to the 
applicant hold a majority equity interest, the Allocation Agreement 
will contain a covenant whereby said applicant agrees that it will 
invest substantially all of said proceeds in businesses in which 
persons unrelated to the applicant hold a majority equity interest.
    In addition to entering into an Allocation Agreement, each 
applicant selected to receive a NMTC Allocation must furnish to the 
Fund an opinion from its legal counsel, the content of which will be 
further specified in the Allocation Agreement, to include, among other 
matters, an opinion that an applicant (and its Subsidiary transferees, 
if any): (i) Is duly formed and in good standing in the jurisdiction in 
which it was formed and/or operates; (ii) has the authority to enter 
into the Allocation Agreement and undertake the activities that are 
specified therein; (iii) has no pending or threatened litigation that 
would materially affect its ability to enter into and carry out the 
activities specified in the Allocation Agreement; and (iv) is not in 
default of its articles of incorporation, bylaws or other 
organizational documents, or any agreements with the Federal 
government.
    If an Allocatee identifies Subsidiary transferees, the Fund 
reserves the right to require an Allocatee to provide supporting 
documentation evidencing that it Controls such entities prior to 
entering into an Allocation Agreement with the Allocatee and its 
Subsidiary transferees. The Fund reserves the right, in its sole 
discretion, to rescind its Notice of Allocation if the Allocatee fails 
to return the Allocation Agreement, signed by the authorized 
representative of the Allocatee, and/or provide the Fund with any other 
requested documentation, within the deadlines set by the Fund.

C. Fees

    The Fund reserves the right, in accordance with applicable Federal 
law and if authorized, to charge allocation reservation and/or 
compliance monitoring fees to all entities receiving NMTC Allocations. 
Prior to imposing any such fee, the Fund will publish additional 
information concerning the nature and amount of the fee.

D. Reporting

    The Fund will collect information, on at least an annual basis, 
from all applicants that are awarded NMTC Allocations and/or are 
recipients of Qualified Low-Income Community Investments, including 
such audited financial statements and opinions of counsel as the Fund 
deems necessary or desirable, in its sole discretion. The Fund will use 
such information to monitor each Allocatee's compliance with the 
provisions of its Allocation Agreement and to assess the impact of the 
NMTC Program in Low-Income Communities. The Fund may also provide such 
information to the IRS in a manner consistent with IRC Sec.  6103 so 
that the IRS may determine, among other things, whether the Allocatee 
has used substantially all of the proceeds of each Qualified Equity 
Investment raised through its NMTC Allocation to make Qualified Low-
Income Community Investments. The Allocation Agreement shall further 
describe the Allocatee's reporting requirements.
    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 Allocatees.

VII. Agency Contacts

    The Fund will provide programmatic and information technology 
support related to the allocation application between the hours of 9 
a.m. and 5 p.m. e.t. through October 4, 2004. The Fund will not respond 
to phone calls or e-mails concerning the application that are received 
after 5 p.m. e.t. on October 4, 2004, until after the allocation 
application deadline of October 6, 2004. Applications and other 
information regarding the Fund and its programs may be obtained from 
the Fund's Web site at http://www.cdfifund.gov. The Fund will post on 
its website responses to questions of general applicability regarding 
the NMTC Program.

A. Information Technology Support

    Technical support can be obtained by calling (202) 622-2455 or by 
e-mail at [email protected]. People who have visual or mobility 
impairments that prevent them from accessing the Low-Income Community 
maps using the Fund's Web site should call (202) 622-2455 for 
assistance. These are not toll free numbers.

B. Programmatic Support

    If you have any questions about the programmatic requirements of 
this NOAA, contact the Fund's NMTC Program Manager 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.

C. Administrative Support

    If you have any questions regarding the administrative requirements 
of this NOAA, contact the Fund's Grants Management and Compliance 
Manager by e-mail at [email protected], by telephone at (202) 
622-8226, by facsimile at (202) 622-6453, or by mail at CDFI Fund, 601 
13th Street, NW., Suite 200 South, Washington, DC 20005. These are not 
toll free numbers.

D. IRS Support

    For questions regarding the tax aspects of the NMTC Program, 
contact Branch Five, Office of the Associate Chief Counsel 
(Passthroughs and

[[Page 49956]]

Special Industries), IRS, by telephone at (202) 622-3040, by facsimile 
at (202) 622-4753, or by mail at 1111 Constitution Avenue, NW., Attn: 
CC:PSI:5, Washington, DC 20224. These are not toll free numbers.

E. Legal Counsel Support

    If you have any questions or matters that you believe require 
response by the Fund's Office of Legal Counsel, please refer to the 
document titled ``How to Request a Legal Review'', found on the Fund's 
Web site at http://www.cdfifund.gov. Requests for legal reviews must be 
received by the Fund no later than September 7, 2004, or by such 
alternative date as may be agreed to by the Fund.

VIII. Information Sessions

    In connection with this NOAA, the Fund intends to broadcast a no 
fee, interactive video teleconference information session on August 24, 
2004, from 1 p.m. to 5 p.m. e.t. Registration is required, as the video 
teleconference information session will be broadcast to secured federal 
facilities. The video teleconference information session will be 
produced in Washington, DC, and will be downlinked via satellite to 
local Department of Housing and Urban Development offices in certain 
cities. For further information on the video teleconference information 
session, locations, or to register, please visit the Fund's Web site at 
http://www.cdfifund.gov or call the Fund at (202) 622-9046.

    Authority: 26 U.S.C. 45D; 31 U.S.C. 321; 26 CFR 1.45D-1T.

    Dated: August 4, 2004.
Arthur A. Garcia,
Director, Community Development Financial Institutions Fund.
[FR Doc. 04-18448 Filed 8-11-04; 8:45 am]
BILLING CODE 4810-70-P