[Federal Register Volume 70, Number 104 (Wednesday, June 1, 2005)]
[Notices]
[Pages 31488-31492]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-10844]


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DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

[Docket No. FR-4950-C-06, FR-4950-C-19, FR-4950-C-20A]


Notice of HUD's Fiscal Year (FY) 2005 Notice of Funding 
Availability, Policy Requirements and General Section to SuperNOFA for 
HUD's Discretionary Grant Programs; Correction

AGENCY: Office of the Secretary, HUD.

ACTION: Super Notice of Funding Availability (SuperNOFA) for HUD 
Discretionary Grant Programs; correction.

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SUMMARY: On March 21, 2005, HUD published its Fiscal Year (FY) 2005, 
Notice of Funding Availability (NOFA), Policy Requirements and General 
Section to the SuperNOFA for HUD's Discretionary Grant Programs. This 
document makes corrections to the Assisted Living Conversion Program 
(ALCP), the Section 202 Supportive Housing for the Elderly Program 
(Section 202 Program), and the Section 811 Supportive Housing for 
Persons with Disabilities Program (Section 811 Program). This notice 
also extends the application submission date for the Section 202 
Program. These changes affect the NOFAS listed, but do not affect the 
application packages on Grants.gov.

DATES: The application submission dates are as follows:
    Assisted Living Conversion Program: June 22, 2005.
    Section 202 Supportive Housing for the Elderly Program: July 1, 
2005.
    Section 811 Supportive Housing for Persons with Disabilities 
Program: June 10, 2005.

FOR FURTHER INFORMATION CONTACT: For the programs listed in this 
notice, please contact the office or individual listed under Section 
VII of the individual program sections of the SuperNOFA, published on 
March 21, 2005.

SUPPLEMENTARY INFORMATION: On March 21, 2005 (70 FR 13575), HUD 
published its Notice of HUD's Fiscal Year (FY) 2005, Notice of Funding 
Availability (NOFA), Policy Requirements and General Section to the 
SuperNOFA for HUD's Discretionary Grant Programs. The FY2005 SuperNOFA 
announced the availability of approximately $2.26 billion in HUD 
assistance. On May 10, 2005, (70 FR 24609) HUD published technical 
corrections to the Section 811 Program NOFA. On May 18, 2005, (70 FR 
28553) HUD published technical corrections to the ALCP program NOFA. 
This notice published in today's Federal Register makes technical 
corrections to the Section 202 Supportive Housing for the Elderly 
Program (Section 202 Program) and makes additional technical 
corrections to the ALCP and Section 811 Program NOFAs.

Summary of Technical Corrections

    Summaries of the technical corrections made by this document 
follow. The page number shown in brackets identifies where the 
individual funding availability announcement that is being corrected 
can be found in the March 21, 2005, SuperNOFA. The technical correction 
described in today's Federal Register will also be reflected in the 
application instructions located on

[[Page 31489]]

Grants.gov/Apply. Applicants submitting their applications 
electronically are encouraged to read the instructions located on 
Grants.gov/Apply prior to submitting their application.

Assisted Living Conversion Program [Page 14148]

    On page 14153, B., third column, HUD is clarifying the application 
submission requirements by revising how applicants may submit copies of 
their project's original plans.

Section 202 Supportive Housing for the Elderly Program [Page 14187]

    On page 14188, Overview Information, section F., first column, the 
application submission deadline is extended to July 1, 2005.
    On page 14189, section II.A., second column, HUD is clarifying the 
reference to ``each local HUD office'' in the description of the 
process for allocating Section 202 funds by adding language to clarify 
that the Washington, DC Office is excluded from the references to 
``each local HUD office.''
    On page 14193, section III.C.2.b.(3)(c)(i), bottom of third column, 
as a result of the extension of the application submission deadline, 
clarification is added to advise applicants that a Phase I 
Environmental Site Assessment (ESA) dated November 30, 2004, or later 
will meet the requirement for submitting a Phase I ESA.
    On page 14194, section III.C.2.b.(3)(c)(ii), first column, as a 
result of the extension of the application submission deadline, a 
change is made to the date by which applicants must submit their Phase 
II Environmental Site Assessment.
    On page 14194, section III.C.2.b.(3)(c)(iii), first column, as a 
result of the extension of the application submission deadline, a 
change is made to the date by which applicants must submit a plan and 
supporting documentation to clean-up a site that revealed contamination 
during the Phase II Environmental Site Assessment.
    On page 14195, section IV.A., third column, HUD is clarifying the 
application and submission information by adding a note at the end of 
the first paragraph explaining the procedures for the electronic filing 
of Section 202 applications for those cases involving a single 
application from multiple applicants.
    On page 14198, section IV.B.2.c.(1)(d)(i)(C), third column, as a 
result of the extension of the application submission deadline, a 
clarification is added to indicate to applicants that an option to 
purchase or long-term leasehold must be effective through November 30, 
2005, or later.
    On page 14199, section IV.B.2.c.(1)(d)(vii), third column, as a 
result of the extension of the application submission deadline, a 
clarification is made to advise applicants that a Phase I Environmental 
Site Assessment (ESA) dated November 30, 2004, or later will be 
acceptable and to change the date by which applicants must submit their 
Phase II ESA and any necessary plans for clean-up of a site that 
revealed contamination during the Phase II ESA.
    On page 14217, Appendix A, Local HUD Offices, is amended to make it 
clear that HUD will accept applications for proposals to be located in 
Washington, DC and that if an applicant receives a waiver of the 
electronic application submission requirement for a proposal to be 
located in Washington, DC, the application must be submitted to the HUD 
Baltimore, Maryland Office.
    On page 14222, Appendix A, Local HUD Offices, HUD is updating the 
telephone and TTY telephone numbers for the San Francisco Office.

Section 811 Program of Supportive Housing for Persons With Disabilities 
[Page 14227]

    On page 14233, section III.C.2.b.(3)(d)(i), second of third column, 
as a result of the extension of the application deadline, clarification 
is added to advise applicants that a Phase I Environmental Site 
Assessment (ESA) dated November 24, 2004, or later will meet the 
requirement for submitting a Phase I ESA.
    On page 14233, section III.C.2.b.(3)(d)(ii), bottom of third 
column, as a result of the extension of the application submission 
deadline, a change is made to the date by which applicants must submit 
their Phase II Environmental Site Assessment.
    On page 14233, section III.C.2.b.(3)(d)(iii), bottom of third 
column, as a result of the extension of the application submission 
deadline, a change is made to the date by which applicants must submit 
a plan and supporting documentation to clean-up a site that revealed 
contamination during the Phase II Environmental Site Assessment.
    On page 14239, section IV.B.2.c.(1)(d)(i)(C), bottom of second 
column, as a result of the extension of the application submission 
deadline, a clarification is added to indicate to applicants that an 
potion to purchase or long-term leasehold must be effective through 
November 24, 2005 or later.
    On page 14240, section IV.B.2.c(1)(d)(vii), bottom of second 
column, as a result of the extension of the application submission 
deadline, a clarification is made to advise applicants that a Phase I 
Environmental Site Assessment (ESA) dated November 24, 2004, or later 
will be acceptable and to change the date by which applicants must 
submit their Phase II ESA and any necessary plans for clean-up of a 
site that revealed contamination during the Phase II ESA.
    On page 14255, section IV.E.5., middle column, HUD is revising this 
funding information pursuant to the Emergency Supplemental 
Appropriations Act for Defense, the Global War on Terror, and Tsunami 
Relief, 2005 (Pub. L. 109-13; approved May 11, 2005).
    Accordingly, in the Notice of HUD's Fiscal Year (FY) 2005, Notice 
of Funding Availability (NOFA), Policy Requirements and General Section 
to the SuperNOFA for HUD's Discretionary Grant Programs, beginning at 
70 FR 13575, in the issue of March 21, 2005, the following corrections 
are made.

Assisted Living Conversion Program, Beginning on Page 14148

    On page 14153, B. Content and Form of Application Submission, third 
column is revised to read as follows:
    In addition to the relief of paperwork burden, you will not have to 
submit certain new/recent information and exhibits you have previously 
prepared. See individual item descriptions below to identify such 
items. An example of such an item may be the FY2003 Annual Financial 
Statement. Your application must include all of the information, 
materials, forms, and exhibits listed below. Exhibit 5.d. requires all 
applicants to submit copies of their development's original plans. 
However, if applicants experience difficulty in submitting the plans 
electronically or by facsimile, the plans may be mailed to the 
appropriate HUD Multifamily Hub by the application deadline date of 
June 22, 2005. (See the General Section for instructions on how to 
submit third party and other documents such as Articles of 
Incorporation; by-laws, copies of original plans; evidence of financial 
commitment; letter(s) from zoning officials; etc.):

Section 202 Supportive Housing for the Elderly Program, Beginning at 
Page 14187

    On page 14188, Overview Information, section F., first column, is 
revised to read as follows: F. Dates: Application Submission Date. The

[[Page 31490]]

application submission date is on or before July 1, 2005. Refer to 
Section IV of this NOFA and to the General Section for information on 
application submission requirements.
    On page 14189, section II.A., second column, the paragraph 
immediately preceding the ``note'' is revised to read as follows:
    Under Section 202, 85 percent of the total capital advance amount 
is allocated to metropolitan areas and 15 percent to nonmetropolitan 
areas. In addition, each local HUD office jurisdiction receives 
sufficient capital advance funds for a minimum of 20 units in 
metropolitan areas and 5 units in nonmetropolitan areas with the 
exception of the Washington, DC Office, which has no separate 
allocation of Section 202 capital advance funds this fiscal year. 
Accordingly, the references to ``each local HUD office'' exclude the 
Washington, DC Office. (For those applicants that have received a 
waiver to the electronic application submission requirement, refer to 
Appendix A, Local HUD Offices, of this program NOFA for instructions on 
the submission of applications for proposals within the Washington, DC 
Office jurisdiction as well as the other local HUD offices.) The total 
amount of capital advance funds to support these minimum set-asides are 
subtracted from the respective (metropolitan or nonmetropolitan) total 
capital advance amounts available. The remainder is fair shared to each 
local HUD office jurisdiction whose fair share exceeds the minimum set-
aside based on the allocation formula fair share factors described 
below.
    On page 14193, section III.C.2.b.(3)(c)(i), third column, is 
corrected to read as follows:
    (i) Phase I Environmental Site Assessment (ESA). You must submit a 
Phase I ESA, prepared in accordance with the ASTM Standards E 1527-00, 
as amended, completed or updated no earlier than six months prior to 
the application deadline date. As a result of the extension of the 
application deadline, a Phase I ESA that is dated November 30, 2004, or 
later will meet the requirement for submitting a Phase I ESA. The Phase 
I ESA must be completed and submitted with the application. Therefore, 
it is important that you start the Phase I ESA process as soon after 
publication of the SuperNOFA as possible. To help you choose an 
environmentally safe site, HUD invites you to review the document 
``Choosing an Environmentally Safe Site'' which is available on HUD's 
Web site at http://www.hud.gov/offices/adm/grants/fundsavail.cfm and 
the ``Supplemental Guidance, Environmental Information'', in Appendix C 
to this program section of the SuperNOFA.
    On page 14194, section III.C.2.b.(3)(c)(ii), first column, is 
corrected to read as follows:
    (ii) Phase II ESA. If the Phase I ESA indicates the possible 
presence of contamination and/or hazards, you must decide whether to 
continue with this site or choose another site. Should you choose 
another site, the same Phase I ESA process identified above must be 
followed for the new site. However, if you choose to continue with the 
original site on which the Phase I ESA indicated contamination or 
hazards, you must undertake a detailed Phase II ESA by an appropriate 
professional. In order for your application to be considered for review 
under this FY 2005 funding competition, the Phase II ESA must be 
received by the local HUD office on or before August 1, 2005.
    On page 14194, section III.C.2.b.(3)(c)(iii), first column, is 
corrected to read as follows:
    (iii) Clean-up. If the Phase II ESA reveals site contamination, the 
extent of the contamination and a plan for clean-up of the site must be 
submitted to the local HUD office. The plan for clean-up must include a 
contract for remediation of the problem(s) and an approval letter from 
the applicable federal, state, and/or local agency with jurisdiction 
over the site. In order for your application to be considered for 
review under this FY 2005 funding competition, this information must be 
received by the local HUD office on or before August 1, 2005.
    On page 14195, section IV.A., third column, at the end of the first 
paragraph, add the following ``note'' to read as follows:

    Note: For Section 202 applications that will have more than one 
applicant; i.e., Co-Sponsors, the applicants must designate a single 
individual to act as the authorized representative for all Co-
Sponsors of the application. The designated authorized 
representative of the organization submitting the application must 
be registered with Grants.gov, the Federal Central Contractor 
Registry and with the credential provider for E-Authentication. 
Information on the Grants.gov registration process is found at 
http://www.grants.gov/GetStarted. When the application is submitted 
through Grants.gov, the name of the designated authorized 
representative will be inserted into the signature line of the 
application. Please note that the designated authorized 
representative must be able to make legally binding commitments for 
each Co-Sponsor to the application.

    Each Co-Sponsor must complete the documents required of all co-
sponsoring organizations to permit HUD to make a determination on the 
eligibility of the Co-Sponsor(s) and the acceptability of the 
application based on the assistance and commitments the Co-Sponsor(s) 
has pledged to the project. Therefore, each co-sponsor must submit the 
following information using the scanning and/or faxing method described 
in Section IV. of the General Section: Standard Form 424, Application 
for Federal Assistance; Standard Form 424 Supplement, Survey on 
Ensuring Equal Opportunity for Applicants; Standard Form LLL, 
Disclosure of Lobbying Activities (if applicable); Form HUD-92015-CA, 
Section 202 Application for Capital Advance, Summary Information; Form 
HUD-2530, Previous Participation Certification; Form HUD-92041, 
Sponsor's Conflict of Interest Resolution; and Form HUD-92042, 
Sponsor's Resolution for Commitment to Project. The forms identified 
above are available in the Program instructions package that can be 
downloaded from Grants.gov as well as HUD's Web site at http://www.hud.gov/offices/adm/grants/nofa05/snofaforms.cfm. The downloaded 
and completed forms should be saved as separate electronic files and 
attached to the electronic application submission following the 
requirements of Section IV.
    As stated in the General Section, Section IV, forms and other 
documents from Co-Sponsors that will be scanned to create an electronic 
file and submitted as an attachment to the application should be 
labeled and numbered so the HUD reviewer can identify the file and its 
contents. If the applicant is creating an electronic file, the file 
should contain a header that identifies the name of the sponsor 
submitting the electronic application, that sponsor's DUNS number, and 
the unique ID that is found at the top of the Facsimile Transmission 
form found in the electronic application package. The naming convention 
for each electronic file should correspond to the labeling convention 
used in the application Table of Contents found on page 14196, column 
2, of the Section 202 program NOFA. For example, the organizational 
documents of a Co-Sponsor would be included under Part II, Exhibit 2(a) 
of the Section 202 application. Electronic files can be attached to the 
electronic application using the Attachment Form contained in the 
electronic application package.
    If the applicant cannot create an electronic file or does not have 
access to a scanner, the required signed documents may be submitted to 
accompany the electronic application by completing the required 
information and submitting it via facsimile, using

[[Page 31491]]

Form HUD-96011, Facsimile Transmittal found in the electronic 
application package. Co-Sponsors should use the form HUD-96011 provided 
by the sponsor that is submitting the electronic application. The 
submitting sponsor should fill in the SF 424 form prior to giving the 
form HUD 96011 to the Co-sponsors. By following these directions, the 
form HUD 96011 will be pre-populated with the submitting sponsor's 
organizational information exactly as the submitting sponsor has 
provided it on the electronic application. In addition, HUD will be 
using the unique identifier associated to the downloaded application 
package as a means of matching the faxing submitted with the 
applications received via Grants.gov. The Facsimile Transmittal form 
also has space to provide the number of pages being faxed and 
information on the type of document. Co-Sponsors or the submitting 
applicant can insert the document name in the space provided labeled 
Program Component.
    Co-Sponsor's documents sent by facsimile as part of an electronic 
application submission, must use Form HUD-96011, Facsimile Transmittal 
that was downloaded with the application as the cover page. Do not 
insert any additional or other cover pages as it will cause problems in 
electronically matching the pieces of the application.
    On page 14198, section IV.B.2.c.(1)(d)(i)(C), third column, is 
corrected to read as follows:
    (C) Option to purchase or for a long-term leasehold, which must 
remain in effect through November 30, 2005, or later, must state a firm 
price binding on the seller, and be renewable at the end of the option 
period. The only condition on which the option may be terminated is if 
you are not awarded a fund reservation;
    On page 14199, section IV.B.2.c.(1)(d)(vii), third column, is 
corrected to read as follows:
    (vii) A Phase I Environmental Site Assessment (ESA), in accordance 
with the ASTM Standards E 1527-00, as amended, must be completed and 
submitted with the application. In order for the Phase I ESA to be 
acceptable, it must have been completed or updated no earlier than 
November 30, 2004. Therefore, it is important to start the site 
assessment process as soon after the publication of the NOFA as 
possible. If the Phase I ESA indicates possible presence of 
contamination and/or hazards, you must decide whether to continue with 
this site or choose another site. Should you choose another site, the 
same Phase I ESA process identified above must be followed for the new 
site. If the property is to be acquired from the FDIC/RTC, include a 
copy of the FDIC/RTC prepared Transaction Screen Checklist or Phase I 
ESA and applicable documentation, per the FDIC/RTC Environmental 
Guidelines. If you choose to continue with the original site on which 
the Phase I ESA indicated contamination or hazards, you must undertake 
a detailed Phase II ESA by an appropriate professional. If the Phase II 
Assessment reveals site contamination, you must submit the extent of 
the contamination and a plan for clean-up of the site including a 
contract for remediation of the problem(s) and an approval letter from 
the applicable federal, state, and/or local agency with jurisdiction 
over the site to the local HUD office. The Phase II ESA and any 
necessary plans for clean-up do not have to be submitted with the 
application but must be received by the local HUD office by August 1, 
2005. If it is not received by that date, the application will be 
rejected.
    On page 14217, Appendix A, Local HUD Offices, paragraph 2.c. is 
revised to read as follows:
    Applications for projects proposed to be located in Washington, DC 
and Maryland must be submitted to the Baltimore, Maryland Office.
    On page 14222, Appendix A, Local HUD Offices, the telephone and TTY 
telephone numbers for the San Francisco Office are revised to read as 
follows: telephone, (415) 489-6676; TTY, (415) 489-6564.

Section 811 Supportive Housing for Persons With Disabilities Program, 
Beginning at Page 14227

    On page 14233, section III.C.2.b.(3)(d)(i), third column, is 
corrected to read as follows:
    (i) Phase I Environmental Site Assessment (ESA). You must submit a 
Phase I ESA, prepared in accordance with the ASTM Standards E 15270-00, 
as amended, completed or updated no earlier than six months prior to 
the application deadline date, in order for the application to be 
considered as an application with site control. As a result of the 
extension of the application deadline, a Phase I ESA that is dated 
November 24, 2004, or later will meet the requirement for submitting a 
Phase I ESA. The Phase I ESA must be completed and submitted with the 
application. Therefore, it is important that you start the Phase I ESA 
process as soon after publication of the SuperNOFA as possible. To help 
you chose an environmentally safe site, HUD invites you to review the 
document ``Choosing an Environmentally Safe Site'' which is available 
on HUD's Web site at http://www.hud.gov/offices/adm/grants/fundsavail.cfm and the ``Supplemental Guidance, Environmental 
Information'', in Appendix C to this program section of the SuperNOFA.
    On page 14233, section III.C.2.b.(3)(d)(ii), third column, is 
corrected to read as follows:
    (ii) Phase II ESA. If the Phase I ESA indicates the possible 
presence of contamination and/or hazards, you must decide whether to 
continue with this site or choose another site. Should you choose 
another site, the same Phase I ESA process identified above must be 
followed for the new site. However, if you choose to continue with the 
original site on which the Phase I ESA indicated contamination or 
hazards, you must undertake a detailed Phase II ESA by an appropriate 
professional. In order for your application to be considered as an 
application with site control, the Phase II ESA must be received by the 
local HUD office on or before July 11, 2005.
    On page 14233, section III.C.2.b.(3)(d)(iii), third column, is 
corrected to read as follows:
    (iii) Clean-up. If the Phase II ESA reveals site contamination, the 
extent of the contamination and a plan for clean-up of the site must be 
submitted to the local HUD office. The plan for clean-up must include a 
contract for remediation of the problem(s) and an approval letter from 
the applicable federal, state, and/or local agency with the 
jurisdiction over the site. In order for application to be considered 
as an application with site control, this information must be received 
by the local HUD office on or before July 11, 2005.
    On page 14239, section IV.B.2.c.(1)(d)(i)(C), second column, is 
corrected to read as follows:
    (C) Option to purchase or for a long-term leasehold, which must 
remain in effect through November 24, 2005, or later, must state a firm 
price binding on the seller, and be renewable at the end of the option 
period. The only condition on which the option may be terminated is if 
you are not awarded a fund reservation;
    On page 14240, section IV.B.2.c.(1)(d)(vii), second column, is 
corrected to read as follows:
    (vii) A Phase I Environmental Site Assessment (ESA), in accordance 
with the ASTM Standards E 1527-00, as amended, must be completed and 
submitted with the application. In order for the Phase I ESA to be 
acceptable, it must have been completed or updated no earlier than 
November 24, 2004. Therefore, it is important to start the site 
assessment process as soon after the

[[Page 31492]]

publication of the NOFA as possible. If the Phase I ESA indicates 
possible presence of contamination and/or hazards, you must decide 
whether to continue with this site or choose another site. Should you 
choose another site, the same Phase I ESA process identified above must 
be followed for the new site. If the property is to be acquired from 
the FDIC/RTC, include a copy of the FDIC/RTC prepared Transaction 
Screen Checklist or Phase I ESA and applicable documentation, per the 
FDIC/RTC Environment Guidelines. If you choose to continue with the 
original site on which the Phase I ESA indicated contamination or 
hazards, you must undertake a detailed Phase II ESA by an appropriate 
professional. If the Phase II Assessment reveals site contamination, 
you must submit the extent of the contamination and a plan for clean-up 
of the site including a contract for remediation of the problem(s) and 
an approval letter from the applicable federal, state, and/or local 
agency with the jurisdiction over the site to the local HUD office. The 
Phase II ESA and any necessary plans for clean-up do not have to be 
submitted with the application but must be received by the local HUD 
office by July 11, 2005. If it is not received by that date, the site 
will be rejected and the application will be placed in Category B for 
selection purposes.
    On page 14255, section IV.E.5., middle column, paragraph 5 is 
revised to read as follows:
    5. Expiration of Section 811 Funds. The Consolidated Appropriations 
Act, 2005, as amended by the Emergency Supplemental Appropriations Act 
for Defense, the Global War on Terror, and Tsunami Relief, 2005 (Pub. 
L. 109-13; approved May 11, 2005) requires HUD to obligate all Section 
811 funds appropriated for FY2005 by September 30, 2006. Under 31 
U.S.C. 1551 et seq., no funds can be disbursed from this account after 
September 30, 2011. Under Section 811, obligation of funds occurs for 
both capital advances and project rental assistance upon fund 
reservation and acceptance. If all funds are not disbursed by HUD and 
expended by the project Owner by September 30, 2011, the funds, even 
though obligated, will expire and no further disbursements can be made 
from this account. In submitting an application, you need to carefully 
consider whether your proposed project can be completed through final 
capital advance closing no later than September 30, 2011. Furthermore, 
all unexpended balances, including any remaining balance on PRAC 
contracts, will be cancelled as of October 1, 2011. Amounts needed to 
maintain PRAC payments for any remaining term on the affected contracts 
beyond that date will have to be funded from other current 
appropriations.

    Dated: May 25, 2005.
Frank L. Davis,
General Deputy Assistant Secretary for Housing--Deputy Federal Housing 
Commissioner.
[FR Doc. 05-10844 Filed 5-26-05; 11:53 pm]
BILLING CODE 4210-32-P