[Federal Register Volume 69, Number 202 (Wednesday, October 20, 2004)]
[Notices]
[Pages 61687-61692]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E4-2723]


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DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

[Docket No. FR-4925-N-01]


Funding for Fiscal Year 2004: Capacity Building for Community 
Development and Affordable Housing

AGENCY: Office of the Assistant Secretary for Community Planning and 
Development, HUD.

ACTION: Notice.

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Overview Information

    A. Federal Agency Name. Department of Housing and Urban 
Development, Office of the Assistant Secretary for Community Planning 
and Development.
    B. Funding Opportunity Title. Capacity Building for Community 
Development and Affordable Housing--Enterprise Foundation (Enterprise), 
Local Initiatives Support Corporation (LISC), Habitat for Humanity, and 
YouthBuild USA.
    C. Announcement Type. Initial Announcement.
    D. Funding Opportunity Number. FR-4925-N-01.
    E. Catalog of Federal Domestic Assistance (CDFA) Number.
    F. Dates. The application closing date will be no later than 100 
days from the date of publication of this Notice in the Federal 
Register. HUD may elect to close this solicitation when applications 
have been received from the four named eligible applicants.
    G. Eligible Applicants. Only Enterprise, LISC, Habitat for 
Humanity, and YouthBuild USA are eligible to receive funds.

Full Text of Announcement

I. Funding Opportunity Description

    A. Program Purpose. Beginning in Fiscal Year (FY) 1994, HUD 
provided funding to Enterprise and LISC through the National Community 
Development Initiative (NCDI), as authorized by Section 4 of the HUD 
Demonstration Act of 1993. In accordance with authorizing statutes, HUD 
divided the appropriations equally between Enterprise and LISC. HUD 
published a notice in the Federal Register of March 30, 1994 (59 FR 
14988), which set forth the requirements for receipt of these funds.
    In subsequent years, pursuant to various appropriations acts, 
funding was made available to Enterprise, LISC, Habitat for Humanity, 
and YouthBuild USA. In each of these years, HUD published a notice in 
the Federal Register that contained requirements for the funds that 
were made available to LISC, Enterprise, Habitat for Humanity, and 
YouthBuild USA.
    This notice establishes requirements for the use of the FY2004 
funds. These funds may be used for new activities or, in the case of 
Enterprise and LISC, to continue NCDI activities that received funding 
under the notice dated March 30, 1994 (59 FR 14988). New grant 
agreements will be executed to govern the use of these funds.
    B. Authority. The Consolidated Appropriations Act, 2004 (Pub.L. 
108-199, approved January 23, 2004) (FY2004 Appropriations Resolution); 
and Section 4 of the HUD Demonstration Act of 1993 (42 U.S.C. 9816 
note).

II. Award Information

    A. Available Funds. The Consolidated Appropriations Act, 2004 (Pub. 
L. 108-199 approved January 23, 2004) appropriates $36,750,000 for 
capacity building for community development and affordable housing as 
authorized by Section 4 of the HUD Demonstration Act of 1993. These 
funds are subject to an across-the-board rescission of 0.59 percent. 
Therefore, a total of $36,533,175 is available to be allocated from 
this appropriation.
    B. Match. As required by Section 4 of the HUD Demonstration Act of 
1993, the appropriation is subject to each award dollar being matched 
by $3 in cash or in-kind contributions to be obtained from private 
sources. Each of the organizations receiving these funds will document 
its proportionate share of matching resources, including resources 
committed directly or by a third party to a grantee or subgrantee after 
January 23, 2004, to conduct activities. In-kind contributions shall 
conform to the requirements of 24 CFR 84.23.
    C. Anticipated Awards. HUD will provide this assistance through 
Enterprise, LISC, Habitat for Humanity, and YouthBuild USA ``to develop 
the capacity and ability of community development corporations and 
community housing development organizations to undertake community 
development and affordable housing projects and programs.''
    Of the FY2004 funds appropriated for Section 4 activities, 
$29,823,000 is made available in equal shares to Enterprise and LISC 
for activities authorized by Section 4, as in effect immediately before 
June 12, 1997. The funds are to be used for capacity building for 
community development and affordable housing, provided that 
approximately $5 million of the funding is used in rural areas, 
including tribal areas. In addition, $4,721,975 is appropriated to 
Habitat for Humanity and $1,988,200 to YouthBuild USA for Section 4 
activities. Each organization will match the HUD assistance with 
resources from private sources in an amount equal to three times its 
share, as required by Section 4. Enterprise and LISC each will use at 
least $2.485 million of their $14,911,500 share for activities in rural 
areas, including tribal areas. Therefore, a total of $36,533,175 is 
available to be allocated, with Enterprise and LISC each receiving 
$14,911,500, Habitat for Humanity receiving $4,721,975, and YouthBuild 
USA receiving $1,988,200.
    D. Award Instrument. HUD will use a grant agreement.

[[Page 61688]]

III. Eligibility Information

    A. Eligible Applicants. The eligible applicants are Enterprise, 
LISC, Habitat for Humanity, and YouthBuild USA.
    B. Cost Sharing or Matching. Applicants are required to match each 
award dollar with $3 in cash or in-kind contributions obtained from 
private sources.
    C. Other
    1. Eligible Activities. Eligible activities under this award 
include:
    a. Training, education, support, and advice to enhance the 
technical and administrative capabilities of community development 
corporations (CDCs) and community housing development organizations 
(CHDOs), including the capacity to participate in consolidated planning 
as well as in fair housing planning, continuum of care homeless 
assistance efforts, and HUD's Colonias initiative that help ensure 
community-wide participation in assessing area needs; consulting 
broadly within the community; cooperatively planning for the use of 
available resources in a comprehensive and holistic manner; and 
assisting in evaluating performance under these community efforts and 
in linking plans with neighboring communities in order to foster 
regional planning;
    b. Loans, grants, development assistance, predevelopment 
assistance, and other financial assistance to CDCs/CHDOs to carry out 
community development and affordable housing activities that benefit 
low-income families and persons, including the acquisition, 
construction, or rehabilitation of housing for low-income families and 
persons, and community and economic development activities that create 
jobs for low-income persons; and
    c. Such other activities as may be determined by Enterprise, LISC, 
Habitat for Humanity, or YouthBuild USA in consultation with the 
Secretary or the Secretary's designee.
    2. Threshold Requirements.
    a. DUNS Requirement. The federal government requires that all 
applicants for federal grants and cooperative agreements with the 
exception of individuals, other than sole proprietors, have a valid 
Data Universal Numbering System (DUNS) number administered by Dun and 
Bradstreet. Applicants that fail to provide a DUNS number cannot 
receive funding from HUD. This policy is pursuant to the Office of 
Management and Budget (OMB) policy issued in the Federal Register on 
June 27, 2003 (68 FR 38402). HUD's regulation implementing the DUNS 
Number requirement for its programs was issued in the Federal Register 
on March 26, 2004 (69 FR 15671). A copy of the OMB Federal Register 
notice and HUD's regulation implementing the DUNS number can be found 
on HUD's Web site at http://www.hud.gov/offices/adm/grants/duns.cfm.
    b. Compliance with Fair Housing and Civil Rights Laws. (1) 
Applicants must comply with all applicable fair housing and civil 
rights requirements in 24 CFR 5.105(a).
    (2) If you, the applicant:
    (a) Have been charged with an ongoing systemic violation of the 
Fair Housing Act; or
    (b) Are a defendant in a Fair Housing Act lawsuit filed by the 
Department of Justice alleging an ongoing pattern or practice of 
discrimination; or
    (c) Have received a letter of findings identifying ongoing systemic 
noncompliance under Title VI of the Civil Rights Act of 1964, Section 
504 of the Rehabilitation Act of 1973, or Section 109 of the Housing 
and Community Development Act of 1974; and
    (d) The charge, lawsuit, or letter of findings referenced in 
subpart (a), (b), or (c) above has not been resolved to HUD's 
satisfaction before the application deadline, then you are ineligible 
and HUD will not rate and rank your application. HUD will determine if 
actions to resolve the charge, lawsuit or letter of findings taken 
prior to the application deadline are sufficient to resolve the matter.
    Examples of actions that would normally be considered sufficient to 
resolve the matter include, but are not limited to:
    (i) A voluntary compliance agreement signed by all parties in 
response to a letter of findings;
    (ii) A HUD-approved conciliation agreement signed by all parties;
    (iii) A consent order or consent decree; or
    (iv) An issuance of a judicial ruling or a HUD Administrative Law 
Judge's decision.
    c. Ineligible Applicants. HUD will not consider an application from 
an ineligible applicant.
    d. Conducting Business in Accordance With Core Values and Ethical 
Standards. Entities subject to 24 CFR parts 84 and 85 (most nonprofit 
organizations and state, local, and tribal governments or government 
agencies or instrumentalities, that receive federal awards of financial 
assistance) are required to develop and maintain a written code of 
conduct (see 24 CFR 84.42 and 85.36(b)(3)). Consistent with regulations 
governing specific programs, your code of conduct must prohibit real 
and apparent conflicts of interest that may arise among officers, 
employees, or agents; prohibit the solicitation and acceptance of gifts 
or gratuities by your officers, employees, and agents for their 
personal benefit in excess of minimal value; and outline administrative 
and disciplinary actions available to remedy violations of such 
standards. If awarded assistance under this notice, you will be 
required, prior to entering into an agreement with HUD, to submit a 
copy of your code of conduct and describe the methods you will use to 
ensure that all officers, employees, and agents of your organization 
are aware of your code of conduct. Failure to meet the requirement for 
a code of conduct will prohibit you from receiving an award of funds 
from HUD.
    e. Delinquent Federal Debts. Consistent with the purpose and intent 
of 31 U.S.C. 3720B and 28 U.S.C. 3201(e), no award of federal funds 
will be made to an applicant that has an outstanding delinquent Federal 
debt unless (1) the delinquent account is paid in full, (2) a 
negotiated repayment schedule is established and the repayment schedule 
is not delinquent, or (3) other arrangements satisfactory to HUD are 
made prior to the deadline submission date.
    f. Pre-Award Accounting System Surveys. HUD may arrange for a pre-
award survey of the applicant's financial management system in cases 
where the applicant or a subrecipient has no prior federal support, 
HUD's program officials have reason to question whether the applicant's 
or subrecipient's financial management system meets federal financial 
management standards, or the applicant or its subrecipient is 
considered a high risk based upon past performance or financial 
management findings. HUD will not disburse funds to any applicant or 
subrecipient that does not have a financial management system that 
meets federal standards.
    g. Name Check Review. Applicants are subject to a name check review 
process. Name checks are intended to reveal matters that significantly 
reflect on the applicant's management and financial integrity, or if 
any key individual has been convicted or is presently facing criminal 
charges. If the name check reveals significant adverse findings that 
reflect on the business integrity or responsibility of the applicant or 
a key individual, HUD reserves the right to (1) deny funding or 
consider suspension or termination of an award immediately for cause, 
(2) require the removal of any key individual from association with 
management or implementation of the

[[Page 61689]]

award, and (3) make appropriate provisions or revisions with respect to 
the method of payment or financial reporting requirements.
    h. False Statements. A false statement in an application is grounds 
for denial or termination of an award and grounds for possible 
punishment as provided in 18 U.S.C. 1001.
    i. Debarment and Suspension. In accordance with 24 CFR part 24, no 
award of federal funds may be made to applicants that are presently 
debarred or suspended, or proposed to be debarred or suspended, from 
doing business with the federal government. This requirement applies to 
all lower tier covered transactions and to all solicitations for lower 
tier covered transactions. The prohibition includes the following:
    (1) Having principals who, within the previous three years, have 
been convicted of or had a civil judgment rendered against them for 
commission of fraud or a criminal offense in connection with obtaining, 
attempting to obtain, or performing a public (Federal, State or local) 
transaction; violation of a Federal or state anti-trust statute; or 
commission of embezzlement, theft, forgery, bribery, falsification or 
destruction of records, making false statements, or receiving stolen 
property; and
    (2) Charges or indictments by a governmental entity (federal, state 
and local) for commission of any of the above violations.
    3. Program Requirements.
    a. Environmental Review. Activities under this notice are subject 
to environmental review in accordance with 24 CFR part 50. Individual 
projects to be funded by these grants may not be known at the time the 
overall grants are awarded and also may not be known when some of the 
individual subgrants are made. Therefore, in accordance with 24 CFR 
50.3(h), by submitting the signed application the applicant is 
certifying that, if awarded funding, it will:
    (1) Supply HUD with all available, relevant information necessary 
for HUD to perform for each property any environmental review required 
by this part;
    (2) Carry out mitigating measures required by HUD or select 
alternate eligible property; and
    (3) Not acquire, rehabilitate, convert, lease, repair, or construct 
property, or commit or expend HUD or local funds for these program 
activities with respect to any eligible property, until HUD approval of 
the property is received.
    b. Section 3 Requirements. If awarded funds under this program, the 
grantee will comply with Section 3 of the Housing and Urban Development 
Act of 1968 (12 U.S.C. 1701u) and HUD's implementing regulations at 24 
CFR part 135. Section 3 requires that to the greatest extent feasible, 
opportunities for training and employment be given to low-income 
persons residing within the unit of general local government in which 
the project is located.
    c. Executive Order 13166, Improving Access to Services for Persons 
With Limited English Proficiency. Executive Order 13166 established 
requirements for improving access to information and materials for 
persons with limited English proficiency (LEP). Applicants obtaining an 
award from HUD must seek to provide access to program services, 
benefits and information to individuals with LEP through translation 
and interpretive services in accordance with LEP Guidance published on 
December 19, 2003 (68 FR 70967). For assistance and information 
regarding your LEP obligation, go to www.LEP.gov.
    d. Nondiscrimination Requirements. Each organization receiving a 
grant under this notice and its subgrantees also must comply with the 
Americans with Disabilities Act of 1990 (42 U.S.C. 1201 et seq.) and 
Title IX of the Education Amendments Act of 1972 (20 U.S.C. 1681 et 
seq.).
    e. Affirmatively Furthering Fair Housing. Each organization 
receiving a grant under this notice and its subgrantees has a duty to 
affirmatively further fair housing. Each organization and subgrantee 
should include in its application or work plan the specific steps that 
it will take to remedy discrimination in housing and to promote fair 
housing rights and fair housing choice. If you are a successful 
applicant, you will have a duty to affirmatively further fair housing 
opportunities for classes protected under the Fair Housing Act. 
Protected classes include race, color, national origin, religion, sex, 
disability, and familial status.
    f. Executive Order 13202, Preservation of Open Competition and 
Government Neutrality Towards Government Contractors' Labor Relations 
on Federal and Federally Funded Construction Projects. Compliance with 
HUD's regulations at 24 CFR 5.108 that implement Executive Order 13202 
is a condition of receipt of assistance under this NOFA.
    g. Lead-Based Paint Provisions. Each organization receiving a grant 
under this notice and its subgrantees must comply with the applicable 
lead-based paint provisions of 24 CFR part 35, including subparts J and 
K.
    h. Accessible Technology. The Rehabilitation Act Amendments of 1998 
(the Act) applies to electronic information technology (EIT) used by 
HUD for transmitting, receiving, using, or storing information to carry 
out the responsibilities of any federal funds awarded. The Act's 
coverage includes, but is not limited to, computers (hardware, 
software, word processing, email, and web pages), facsimile machines, 
copiers, and telephones. Consistent with the principles of the Act, HUD 
requires the same of its funding recipients. If you are a successful 
applicant, you will be required, when developing, procuring, 
maintaining, or using EIT, to ensure that the EIT allows employees with 
disabilities and members of the public with disabilities to have access 
to and use of information and data that are comparable to the access 
and use of information and data by employees and members of the public 
who do not have disabilities. If these standards impose a hardship on a 
funding recipient, the recipient may provide an alternative means to 
allow the individual to gain access to and use the information and 
data. However, no recipient will be required to provide information 
services to a person with disabilities at any location other than a 
location at which the information services are generally provided.
    i. Procurement of Recovered Materials. State agencies and agencies 
of a political subdivision of a state that are using assistance under 
this NOFA for procurement and any person contracting with such an 
agency with respect to work performed under an assisted contract, must 
comply with the requirements of Section 6002 of the Solid Waste 
Disposal Act, as amended by the Resource Conservation and Recovery Act.
    In accordance with Section 6002, these agencies and persons must 
procure items designated in guidelines of the Environmental Protection 
Agency (EPA) at 40 CFR part 247 that contain the highest percentage of 
recovered materials practicable, consistent with maintaining a 
satisfactory level of competition, where the purchase price of the item 
exceeds $10,000 or the value of the quantity acquired in the preceding 
fiscal year exceeded $10,000; must procure solid waste management 
services that maximize energy and resource recovery; and must have 
established an affirmative program for procurement of recovered 
materials identified in EPA's guidelines.
    j. Participation in HUD-Sponsored Program Evaluation. As a 
condition of the receipt of financial assistance under

[[Page 61690]]

this NOFA, all successful applicants will be required to cooperate with 
all HUD staff or contractors performing HUD-funded research and 
evaluation studies.
    k. Salary Limitation for Consultants. FY2004 funds may not be used 
to pay or to provide reimbursement for payment of the salary of a 
consultant, whether retained by the federal government or the grantee, 
at more than the daily equivalent of the rate paid for level IV of the 
Executive Schedule, unless specifically authorized by law.

IV. Application and Submission Information

    A. Address to Request Application Package. Electronic submission. 
Applications must be submitted through the Grants.gov Web site at 
http://www.grants.gov. If an applicant needs assistance with its 
electronic application, it should contact the Grants.gov Customer 
Support Center at 800-519-4726 or through e-mail at [email protected]. 
The customer support center is open from 7 a.m. to 9 p.m. Eastern time.
    1. Electronic Signature. Applications submitted through Grants.gov 
will be considered an electronically signed application. Therefore, 
applicants need not submit a separate signed application.
    2. Grants.gov Registration. There are six ``Get Started'' steps to 
complete at Grants.gov. The information that applicants need to 
understand and execute these steps is at http://www.grants.gov/GetStarted. Please be sure that the person you designate as the 
Authorized Organization Representative (AOR) is legally able to make a 
binding commitment for your organization.
    3. Notice. This notice and related instructions for application may 
be downloaded from the Grants.gov Web site at http://www.grants.gov/FindGrantOpportunities. To find this opportunity on http://www.grants.gov, enter the funding opportunity number: FR-4925-N-01.
    B. Content and Form of Application Submission. Applicants are 
required to submit an application containing the following:
    1. Standard Forms and Certifications. Application for Federal 
Assistance (SF-424), Applicant Assurances and Certifications Form (SF-
424B), Logic Model (HUD-96010), and Applicant/Recipient Disclosure/
Update Report (HUD-2880).
    2. Checklist for Application Submission. Assemble the application 
in the following order. Please enter page numbers on the narrative 
pages of the application.

--SF-424, Application for Federal Assistance
--An Application Cover Page indicating in bold (a) the type of grant 
you are requesting (NCDI Capacity Building, Non-NCDI Capacity Building, 
or Rural); and (b) the amount of funds requested in the application.
--HUD-96010, Logic Model
--HUD-424 CB, Grant Application Detailed Budget Form
--HUD-424 CBW, Detailed Budget Worksheet for Non-Construction Projects)
--SF-424 B, Assurances--Non-Construction Programs
--SF-LLL, Disclosure of Lobbying Activities
--HUD-2880, Applicant/Recipient Disclosure/Update Report

    3. Detailed Budgets. Forms HUD-424-CB and HUD-424-CBW for the 
amount of funds being requested for Non-NCDI activities and a similar 
HUD-424-CB and HUD-424-CBW for any amounts to be committed to NCDI 
activities, with the budget summary identifying costs for implementing 
the plan of suggested technical assistance (TA) activities by cost 
category, as follows:
    a. Direct labor by position or individual, indicating the estimated 
hours per position, the rate per hour, estimated cost per staff 
position, and the total estimated direct labor costs;
    b. Fringe benefits by staff position, identifying the rate, the 
salary base on which the rate was computed, the estimated cost per 
position, and the total estimated fringe benefit cost;
    c. Material costs, indicating the item, quantity, unit cost per 
item, estimated cost per item, and the total estimated material costs;
    d. Transportation costs, if applicable;
    e. Equipment charges, if any, identifying the type of equipment, 
quantity, unit costs, and total estimated equipment costs;
    f. Consultant costs, if applicable, indicating the type, estimated 
number of consultant days, rate per day, total estimated consultant 
costs per consultant, and total estimated costs for all consultants;
    g. Subcontract costs, if applicable, indicating each individual 
subcontract and amount;
    h. Other direct costs, listed by item, quantity, unit cost, total 
for each item listed, and total other direct costs for the award; and
    i. Indirect costs, identifying the type, approved indirect cost 
rate, base to which the rate applies, and total indirect costs.
    4. Work and Funding Plan. Each grantee will submit to HUD a 
specific work and funding plan for each community showing when and how 
the federal funds will be used. The work plan must be sufficiently 
detailed for monitoring purposes and must identify the performance 
goals and objectives to be achieved. Within 30 days after submission of 
a specific work plan, HUD will approve it or notify the grantee of 
matters that need to be addressed prior to approval, or the work plan 
shall be considered approved. Work plans may be developed for less than 
the full dollar amount and term of the award, but no HUD-funded costs 
may be incurred for any activity until HUD approves the work plan. All 
activities also are subject to the environmental requirements in this 
notice.
    Grantees will submit, as part of their work plan, indicators that 
measure the change in the condition of the neighborhoods (reduction in 
crime, increases in housing prices, decreases in vacancy rates, number 
of new businesses, etc.) in which the assisted CDC's operate relative 
to the larger geographic area.
    The grantees assisted with these funds will make accomplishment and 
other relevant performance information available on the Internet for 
each CDC or other affiliate (e.g. Youthbuild grantee) assisted.
    C. Submission Dates and Time. The application closing date will be 
no later than 100 days from the date of publication of this NOFA in the 
Federal Register. HUD may elect to close this solicitation when 
applications have been received from the four named eligible 
applicants.
    D. Intergovernmental Review. Intergovernmental review is not 
applicable.
    E. Funding Restrictions. Funding will be provided only to the four 
eligible applicants identified in this Notice.
    F. Other Submission Requirements. All applicants for federal grants 
or cooperative agreements must provide a DUNS number (as explained in 
section III.C.2.a of this Notice) on their Form SF-424. Applicants 
applying through Grants.gov also need to register with the Federal 
Central Contractor Registry and with a credential provider. The 
Grants.gov website has online instructions for all registration 
requirements. Please allow up to two weeks to complete the registration 
process.

V. Application Review Information.

    These grants will be awarded noncompetitively based on the 
submission of a complete application.

[[Page 61691]]

VI. Award Administration Information

    A. Award Notices. After HUD has reviewed an application and found 
it complete, HUD will notify the applicant in writing.
    B. Administrative and National Policy Requirements.
    1. Uniform Administrative Requirements. The awards will be governed 
by 24 CFR part 84 (Uniform Administrative Requirements), OMB Circular 
A-122 (Cost Principles for Nonprofit Organizations), and OMB Circular 
A-133 (Audits of States, Local Governments, and Non-Profit 
Organizations).
    2. Wage Rates. Unless triggered by other federal funds for a 
project under this grant, the requirements of the Davis-Bacon Act (40 
U.S.C. 3141) do not apply.
    3. Relocation. The Uniform Relocation Assistance and Real Property 
Acquisition Policies Act of 1979 (42 U.S.C. 4601-4655) and implementing 
regulations at 49 CFR part 24 apply to anyone who is displaced as a 
result of acquisition, rehabilitation, or demolition of a HUD-assisted 
activity.
    C. Reporting. Performance reporting is required on at least an 
annual basis, but may be more frequently required as identified below. 
The performance reports must contain the information required under 24 
CFR part 84, and must include reporting against form HUD-96010, Logic 
Model, which includes a comparison of actual accomplishments with the 
objectives and performance goals of the work plans. In the work plans 
and Logic Model, each grantee will identify performance goals and 
objectives established for each community in which it proposes to work 
and appropriate output and outcome measurements under the work plan. An 
example of such outputs and outcomes are: Output: the number of housing 
units and facilities each CDC/CHDO produces annually during the grant 
period and the average cost of those units; Outcome: The total number 
of families housed as a result of the work. However, when the activity 
is not to be undertaken in a single community, or is not available at 
the time of application, the applicant must submit a work plan and 
Logic Model indicating the areas in which the activity will be 
undertaken, along with appropriate goals and objectives as soon as the 
information is available. The performance reports must include a 
discussion of the reasonableness of the unit costs, the reasons for 
slippage if established objectives and goals are not met, the 
evaluation method and tools the grantee is using to evaluate its 
performance and to ensure that it is meeting established goals and 
objectives, and information related to where the information is 
maintained. The report may also contain other relevant information that 
can assist HUD in assessing program progress and compliance with 
program requirements.
    1. Annual Performance Report. Each grantee shall submit to HUD an 
annual performance report due 90 days after the end of each calendar 
year, with the first report due on March 31, 2005. Performance reports 
shall include reports on both performance and financial progress under 
work plans and shall include reports on the commitment and expenditure 
of private matching resources utilized through the end of the reporting 
period. Reports shall conform to the reporting requirements of 24 CFR 
part 84.
    2. Additional Reporting. Additional information or increased 
frequency of reporting, not to exceed twice a year, may be required by 
HUD any time during the grant agreement if HUD finds such reporting to 
be necessary for monitoring purposes.
    3. Presenting Annual Reports. To further the consultation process 
and share results of progress, the Secretary may require grantees to 
present and discuss their performance reports at annual meetings in 
Washington, DC, during the life of the award.
    4. Final Report. A final performance report, in the form described 
in section C above, shall be provided to HUD by each grantee within 90 
days after the completion date of the award.
    5. Financial Reports. Financial status reports shall be submitted 
semiannually on form SF-269A or such successor forms as may be adopted 
by the federal grantmaking agencies under Public Law 106-107, the 
Federal Financial Assistance Management Improvement Act of 1999.
    6. Prohibition Against Lobbying Activities. Applicants for funding 
under this notice are subject to the provisions of Section 319 of 
Public Law 101-121 (approved October 23, 1989) (31 U.S.C. 1352) (the 
Byrd Amendment) and to the provisions of the Lobbying Disclosure Act of 
1995 (2 U.S.C. 1601 et seq.).
    The Byrd Amendment, which is implemented by regulations at 24 CFR 
part 87, prohibits applicants for federal contracts and grants from 
using appropriated funds to attempt to influence federal executive or 
legislative officers or employees in connection with obtaining such 
assistance, or with its extension, continuation, renewal, amendment, or 
modification. The Byrd Amendment applies to the funds that are the 
subject of this notice. Therefore, applicants must file with their 
application a certification stating that they have not made and will 
not make any prohibited payment and, if any payment or agreement to 
make a payment of non-appropriated funds for these purposes has been 
made, a Form SF-LLL disclosing such payments must be submitted.
    The Lobbying Disclosure Act of 1995, which repealed Section 112 of 
the HUD Reform Act and resulted in the elimination of the regulations 
at 24 CFR part 86, requires all persons and entities that lobby covered 
executive or legislative branch officials to register with the 
Secretary of the Senate and the Clerk of the House of Representatives 
and file reports concerning their lobbying activities.

VII. Agency Contacts

FOR FURTHER INFORMATION CONTACT: Karen Williams, Office of Community 
Planning and Development, Department of Housing and Urban Development, 
1835 Assembly Street, Columbia, SC 29201-2480; telephone number (803) 
253-3009. Persons with hearing or speech impairments may access this 
number through TTY by calling the Federal Information Relay Service at 
800-877-8339 or by calling (202) 708-2565. Except for the ``800'' 
number, these are not toll-free telephone numbers.

VIII. Other

    1. Environmental Impact. A Finding of No Significant Impact with 
respect to the environment has been made in accordance with the 
Department's regulations at 24 CFR part 50, which implement section 
102(2)(C) of the National Environmental Policy Act of 1969 (42 U.S.C. 
4332). The Finding of No Significant Impact is available for public 
inspection between 8 a.m. and 5 p.m. weekdays in the Regulations 
Division, Office of the General Counsel, Room 10276, Department of 
Housing and Urban Development, 451 Seventh Street, SW., Washington, DC 
20410-0500.
    2. Federalism. Executive Order 13132 (entitled ``Federalism'') 
prohibits an agency from promulgating policies that have federalism 
implications if the policies either impose substantial direct 
compliance costs on state and local governments and are not required by 
statute, or the policies preempt state law, unless the agency meets the 
consultation and funding requirements of section 6 of the Executive 
Order. This notice does not have federalism implications and does not 
impose substantial direct compliance costs on

[[Page 61692]]

state and local governments nor preempt state law within the meaning of 
the Executive Order.

    Dated: October 14, 2004.
Nelson R. Breg[oacute]n,
General Deputy, Assistant Secretary for Community Planning and 
Development.
[FR Doc. E4-2723 Filed 10-19-04; 8:45 am]
BILLING CODE 4210-29-P