[Federal Register Volume 71, Number 13 (Friday, January 20, 2006)]
[Notices]
[Pages 3382-3404]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 06-531]



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Part IV





Department of Housing and Urban Development





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HUD's Fiscal Year 2006 Notice of Funding Availability Policy 
Requirements and General Section to the SuperNOFA for HUD's 
Discretionary Programs; Notice

  Federal Register / Vol. 71, No. 13 / Friday, January 20, 2006 / 
Notices  

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DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

[Docket No. FR-5030-N-01]


Notice of HUD's Fiscal Year 2006 Notice of Funding Availability 
Policy Requirements and General Section to the SuperNOFA for HUD's 
Discretionary Programs

AGENCY: Office of the Secretary, HUD.

ACTION: Notice of HUD's Fiscal Year (FY) 2006 Notice of Funding 
Availability (NOFA) policy requirements and general section to the 
FY2006 SuperNOFA for HUD's Discretionary Programs (notice).

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SUMMARY: This notice provides prospective applicants for HUD 
competitive funding with the opportunity to become familiar with the 
General Section to HUD's FY2006 SuperNOFA, in advance of publication of 
the FY2006 SuperNOFA. Publication of HUD's annual SuperNOFA is targeted 
for publication in early 2006. This early publication of the General 
Section is one of several steps that HUD is taking to improve the 
funding process for its grantee community. Early publication of the 
General Section will give prospective applicants additional time to 
become familiar with and address those provisions in the General 
Section, which constitute part of almost every application. HUD will 
publish changes to this General Section made after today's publication 
with the SuperNOFA.
    HUD will continue to require that applicants submit their 
applications electronically via Grants.gov. For FY2006, only the 
Continuum of Care will remain as a paper application process. It is 
HUD's intent to move the Continuum of Care to electronic application 
submittal in FY2007. All prospective applicants should take this time 
to carefully read the Federal Register Notice published on December 9, 
2005 entitled ``Notice of Opportunity to Register Early for Electronic 
Submission of Grant Applications for HUD Funding Opportunities; Early 
Registration with Grants.gov,'' and register prior to the publication 
of the Program Sections of the FY2006 SuperNOFA. The early registration 
notice can be found on HUD's Web site at http://www.hud.gov/offices/adm/grants/fundsavail.cfm. Continuum of Care applicants are advised to 
become familiar with the registration and submission procedures. 
Although HUD is not requiring electronic submission for the Continuum 
of Care this year, all the Federal grant-making agencies are pledging 
to make 75 percent of funding opportunities available on Grants.gov in 
FY2006. Therefore, Continuum of Care agencies would benefit from 
becoming familiar with the requirements so they do not limit their 
ability to get funding from sources other than HUD in FY2006.

FOR FURTHER INFORMATION CONTACT: Office of Departmental Grants 
Management and Oversight, Office of Administration, Department of 
Housing and Urban Development, 451 Seventh Street, SW., Room 3156, 
Washington, DC 20410-5000, telephone number (202) 708-0667. Persons 
with hearing or speech impairments may access this number via TTY by 
calling the Federal Information Relay Service at (800) 877-8339.

SUPPLEMENTARY INFORMATION: Each year, HUD strives to improve its 
competitive funding process. In FY2005, HUD successfully migrated from 
paper application submission for the majority of its funding 
opportunities to electronic application submission. Over 5,400 
applicants successfully submitted applications electronically for HUD's 
grant programs. While the majority of HUD's applicants were able to 
make the transition to electronic government, a minority had difficulty 
with the submission process. In speaking with applicants, HUD has heard 
the concerns raised and therefore has taken several steps to provide 
early technical assistance and information so that every applicant can 
successfully meet the electronic submission requirements.
    HUD wants every applicant to transition successfully to electronic 
application submission in FY2006. HUD believes that by issuing its 
Early Registration for Grant Application Submission Notice published on 
December 9, 2005 (70 FR 73332), and this General Section in advance of 
the publication of the FY2006 Program Sections of the SuperNOFA, 
applicants will have time to familiarize themselves with the General 
Requirements applicable to all programs and complete the five-step 
Grants.gov registration process. This way, when the program NOFAs are 
published, applicants can focus on completing and submitting their 
applications in accordance with all related requirements and timelines.
    The Early Registration Notice provides step-by-step instructions 
for applicants that have to register with Grants.gov and renewal 
instructions for those that have previously registered. The renewal 
instructions are simple and easy to follow, but must be completed 
before an applicant's registration with the Central Contractor Registry 
(CCR) expires. Failure to update the registration in the CCR will 
require an applicant to go through the entire registration process 
again.
    Early registration for electronic grant application submission (see 
notice published on December 9, 2005) and early publication of the 
General Section of the FY2006 SuperNOFA are just two steps that HUD is 
taking in FY2006 to improve the funding process. HUD is also taking 
steps to streamline and simplify the application submission 
requirements so that applications will be easier to complete and 
upload. To ensure that HUD continues to get feedback from the public on 
these improvements, each application and HUD's Web site will contain a 
revised ``You Are Our Client'' survey questionnaire. HUD requests that 
you respond to this survey to let us know what improvements have been 
beneficial and to share your ideas on where improvements can continue 
to be made. HUD carefully considers the comments received from its 
clients and continually strives to improve each year's SuperNOFA and 
its funding process.
    HUD believes that early publication of the General Section is 
beneficial to prospective applicants by providing advance notice of the 
Department's threshold requirements, strategic goals, policy 
priorities, and other comprehensive requirements that are applicable to 
almost every individual NOFA that comprises the SuperNOFA. The General 
Section, as in the past, is structured to refer the reader to the 
individual program NOFAs. Although the program NOFAs are not being 
published at this time, the references are retained. This way, when the 
program sections of the FY2006 SuperNOFA are published, they will work 
together as they have done since the first SuperNOFA was published in 
1998. HUD intends to publish the program NOFAs in early 2006. 
Applicants interested in receiving e-mail notification of the 
availability of the program sections should go to http://www.grants.gov/Find#receiveGetStarted and sign up for e-mail 
notification of funding opportunities. By doing so, you will receive an 
e-mail as soon as the program NOFA portion of the SuperNOFA and 
application is available on Grants.gov. This publication includes a 
list of programs anticipated to be in the FY2006 SuperNOFA, subject to 
the availability of funds. The program NOFA portion of the SuperNOFA 
will include any changes made to this listing and provide projected 
funding available and application deadline dates.

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    In addition to the early publication of the Grants.gov registration 
process and the General Section of the FY2006 SuperNOFA, HUD 
continually strives to provide technical assistance and training to 
prospective applicants. To ensure effective communication with current 
and potential funding recipients, HUD has been posting pertinent 
documents related to these efforts on its Web site, including training 
opportunities available via satellite broadcast and Webcast, local 
registration and submission clinics, and grant writing workshops 
sponsored by HUD's Office of Faith-Based and Community Initiatives. HUD 
encourages you to visit the Department's Web site for information 
regarding the latest developments. HUD's Web site address for 
information on this initiative is http://www.hud.gov/offices/adm/grants/egrants/egrants.cfm. Information on grant streamlining 
activities can be found at http://www.hud.gov/offices/adm/grants/pl-106107/pl106-107.cfm.
    HUD hopes that the steps that it has taken to provide information 
early on the FY2006 funding process and SuperNOFA requirements will be 
of benefit to you.

    Dated: January 11, 2006.
Roy A. Bernardi,
Deputy Secretary.

General Section to HUD's Fiscal Year 2006 SuperNOFA

Overview Information

    A. Federal Agency Name: Department of Housing and Urban Development 
(HUD), Office of the Secretary.
    B. Funding Opportunity Title: Policy requirements applicable to all 
HUD notices of funding availability (NOFAs) published during FY2006.
    C. Announcement Type: Initial announcement of the general policy 
requirements that apply to all HUD Federal financial assistance NOFAs 
for FY2006 issued simultaneously with or after the publication of this 
notice.
    D. Funding Opportunity Number: FR 5030-N-01.
    E. Catalog of Federal Domestic Assistance (CFDA) Number: A CFDA 
number is provided for each HUD Federal financial assistance program. 
When using ``Apply Step 1'' on the Grants.gov Web site to download an 
application, you will be asked for the CFDA number. Please refer to the 
program NOFA for the CFDA number assigned to the program(s) for which 
you wish to apply.
    Tip for Finding Application Information: Use only the CFDA number, 
OR the Funding Competition Identification Number, OR Funding 
Opportunity Number when using the search feature on Grants.gov. Using 
more than one of these items will result in an error message indicating 
that the opportunity cannot be found.
    F. Dates: The key dates that apply to all HUD Federal financial 
assistance made available through HUD's FY2006 NOFAs are found in each 
individual program NOFA. Appendix A to this General Section lists the 
programs expected to be included in the FY2006 SuperNOFA. The SuperNOFA 
publication will contain a detailed Appendix A that will provide the 
final list of programs included in the SuperNOFA, funds available under 
each funding opportunity, and key deadline dates.
    G. Optional, Additional Overview Content Information: Unless 
otherwise stated, HUD's general policy requirements set forth in this 
notice apply to all HUD Federal financial assistance made available 
through HUD's FY2006 NOFAs. These policies cover those NOFAs issued 
through the SuperNOFA, as well as those that HUD will issue after 
publication of the SuperNOFA in the Federal Register.

Full Text of Announcement

I. Funding Opportunity Description

    This notice describes HUD's FY2006 policy requirements applicable 
to all of HUD's NOFAs published in FY2006. Each such NOFA will contain 
a description of the specific requirements for the program for which 
funding is made available and each will refer to applicable policies 
described in this General Section. Each program NOFA will also describe 
additional procedures and requirements that apply to the individual 
program NOFA, including a description of the eligible applicants, 
eligible activities, threshold requirements, factors for award, and any 
additional program requirements or limitations. To adequately address 
all of the application requirements for any program for which you 
intend to apply, please carefully read and respond to both this General 
Section and the individual program NOFAs.
    Authority. HUD's authority for making funding available under its 
FY2006 programs is identified in each program NOFA under the section 
entitled ``Funding Opportunity Description.''

II. Award Information

    Funding Available. Each program NOFA will identify the estimated 
amount of funds available in FY2006, either as a result of the 
enactment of a HUD appropriations act or based upon available 
appropriations and any funds from previous years available for award in 
FY2006. Appendix A to this notice contains a chart of the programs 
expected to be included in the FY2006 SuperNOFA. HUD will publish an 
updated chart, noting the amount of funds available for each program, 
and the required deadline date with the publication of the Program NOFA 
section of the FY2006 SuperNOFA. If other program funds become 
available, HUD reserves the right to increase the available funding for 
the applicable program by those amounts. Note that additional program 
NOFAs may be published as part of the FY2006 SuperNOFA or published 
separately from the FY2006 SuperNOFA.

III. Eligibility Information

A. Eligible Applicants

    The individual program NOFAs describe the eligible applicants and 
eligible activities for each program.

B. Cost Sharing or Matching

    The individual program NOFAs describe the applicable cost sharing, 
matching requirements, or leveraging requirements related to each 
program, if any. Although matching or cost sharing may not be required, 
HUD programs often encourage applicants to leverage grant funds with 
other funding to receive higher rating points.

C. Other Requirements and Procedures Applicable to All Programs

    Except as may be modified in the individual program NOFAs, the 
requirements, procedures, and principles listed below apply to all 
programs in FY2006 for which funding is announced by NOFA and published 
in the Federal Register. Please read the individual program NOFAs for 
additional requirements and information.
1. Statutory and Regulatory Requirements
    To be eligible for funding under HUD's NOFAs issued during FY2006, 
applicants must meet all statutory and regulatory requirements 
applicable to the program or programs for which they seek funding. 
Applicants requiring program regulations may obtain them from the NOFA 
Information Center or through HUD's Grants Web site at http://www.hud.gov/offices/adm/grants/fundsavail.cfm. See the individual 
program NOFAs for instructions on how HUD will respond to proposed 
activities that are ineligible.

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2. Threshold Requirements
    a. Ineligible Applicants. HUD will not consider an application from 
an ineligible applicant.
    b. Dun and Bradstreet Data Universal Numbering System (DUNS) Number 
Requirement. All applicants seeking funding directly from HUD must 
obtain a DUNS number and include the number in its Application for 
Federal Assistance submission. Failure to provide a DUNS number will 
prevent you from obtaining an award, regardless of whether it is a new 
award or renewal of an existing award. 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 published its regulation 
implementing the DUNS number requirement on November 9, 2004 (69 FR 
65024). 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. Applicants cannot submit 
applications electronically without a DUNS number entry. Applicants 
must carefully enter the DUNS number on the application package, making 
sure it is identical to the DUNS number under which the Authorized 
Organization Representative is registered to submit an application.
    c. Compliance With Fair Housing and Civil Rights Laws.
    (1) With the exception of federally recognized Indian tribes and 
their instrumentalities, applicants must comply with all applicable 
fair housing and civil rights requirements in 24 CFR 5.105(a). If you 
are a federally recognized Indian tribe, you must comply with the 
nondiscrimination provisions enumerated at 24 CFR 1000.12, as 
applicable. In addition to these requirements, there may be program-
specific threshold requirements identified in the individual program 
NOFAs.
    (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 the charge, lawsuit, or 
letter of findings referenced in subparagaph (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 before 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.
    d. Conducting Business in Accordance With Core Values and Ethical 
Standards. Applicants 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, or agents for their personal 
benefit in excess of minimal value; and outline administrative and 
disciplinary actions available to remedy violations of such standards. 
Before entering into an agreement with HUD, applicants awarded 
assistance under a HUD program NOFA announced in FY2006 will be 
required to submit a copy of its code of conduct and describe the 
methods it will use to ensure that all officers, employees, and agents 
of its organization are aware of its code of conduct. Applicants are 
prohibited from receiving an award of funds from HUD if they fail to 
meet this requirement for a code of conduct. Applicants that submitted 
an application during FY2004 or FY2005 and included a copy of their 
code of conduct will not be required to submit another copy if the 
applicant is listed on HUD's Web site at http://www.hud.gov/offices/adm/grants/codeofconduct/cconduct.cfm and if the information has not 
been revised. Applicants not listed on the HUD Web site must submit a 
copy of their code of conduct with their FY2006 application for 
assistance. Applicants must also include a copy of their code of 
conduct if the information listed on HUD's Web site has changed (e.g., 
the person who submitted the previous application is no longer your 
authorized organization representative, the organization has changed 
its legal name or merged with another organization, or the address of 
the organization has changed, etc.). Applicants that need to may submit 
their code of conduct to HUD via facsimile using the form HUD-96011, 
Facsimile Transmittal. When using the facsimile transmittal form, 
please type the requested information. Use HUD-96011 as the cover page 
to the submission and include in the top line of the form under ``Name 
of Document Being Requested,'' ``Code of Conduct for (insert 
organization name, city, and state),'' and fax the information to HUD's 
toll-free number at (800) HUD-1010. If you cannot access the 800 number 
or have problems, you may use (215) 825-8798 (this is not a toll-free 
number). When received, HUD will update the information on its Code of 
Conduct Web site.
    e. Delinquent Federal Debts. Consistent with the purpose and intent 
of 31 U.S.C. 3720B and 28 U.S.C. 3201(e), HUD will not award Federal 
funds 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 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 recommended applicant has no prior Federal support, HUD's 
program officials have reason to question whether the applicant's 
financial management system meets Federal financial management 
standards, or the applicant is considered a high risk based upon past 
performance or financial management findings. HUD will not disburse 
funds to any applicant 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

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applicant or any 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 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 possible punishment as 
provided in 18 U.S.C. 1001.
    i. Prohibition Against Lobbying Activities. Applicants 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), which 
prohibits recipients of Federal contracts, grants, or loans from using 
appropriated funds for lobbying the executive or legislative branches 
of the Federal Government in connection with a specific contract, 
grant, or loan. In addition, applicants must disclose, using Standard 
Form LLL (SF-LLL), ``Disclosure of Lobbying Activities,'' any funds, 
other than federally appropriated funds, that will be or have been used 
to influence Federal employees, members of Congress, or congressional 
staff regarding specific grants or contracts. Federally recognized 
Indian tribes and tribally designated housing entities (TDHEs) 
established by federally recognized Indian tribes as a result of the 
exercise of the tribe's sovereign power are excluded from coverage of 
the Byrd Amendment, but state-recognized Indian tribes and TDHEs 
established only under State law must comply with this requirement. 
Applicants must submit the SF-LLL if they have used or intend to use 
Federal funds for lobbying activities.
    j. 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.
    3. Other Threshold Requirements. The individual program NOFAs for 
which you are applying may specify other threshold requirements. 
Additional threshold requirements may be identified in the discussion 
of ``eligibility'' requirements in the individual program NOFAs. If a 
program NOFA requires a certification of consistency with the 
Consolidated Plan and the applicant fails to provide a certification, 
and such failure is not cured as a technical deficiency, HUD will not 
fund the application. If HUD is provided a signed certification 
indicating consistency with the area's approved Consolidated Plan and 
HUD finds that the activities are not consistent with the Consolidated 
Plan, HUD will not fund the inconsistent activities or will deny 
funding the application if a majority of the activities are not 
consistent with the approved Consolidated Plan. The determination not 
to fund an activity or to deny funding may be determined by a number of 
factors, including the number of activities being proposed, the impact 
of the elimination of the activities on the proposal, or the percent of 
the budget allocated to the proposed activities.
4. Additional Nondiscrimination and Other Requirements
    Applicants and their subrecipients must comply with:
    a. Civil Rights Laws, including the Americans with Disabilities Act 
of 1990 (42 U.S.C. 1201 et seq.), the Age Discrimination Act of 1974 
(42 U.S.C. 6101 et seq.), and Title IX of the Education Amendments Act 
of 1972 (20 U.S.C. 1681 et seq.).
    b. Affirmatively Furthering Fair Housing. Under Section 808(e)(5) 
of the Fair Housing Act, HUD has a statutory duty to affirmatively 
further fair housing. HUD requires the same of its funding recipients. 
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. Unless 
otherwise instructed in the individual program NOFA, your application 
must include specific steps to:
    (1) Overcome the effects of impediments to fair housing choice that 
were identified in the jurisdiction's Analysis of Impediments (AI) to 
Fair Housing Choice;
    (2) Remedy discrimination in housing; or
    (3) Promote fair housing rights and fair housing choice.
    Further, you, the applicant, have a duty to carry out the specific 
activities provided in your responses to the individual program NOFA 
rating factors that address affirmatively furthering fair housing. 
These requirements apply to all HUD programs announced via a NOFA, 
unless specifically excluded in the individual program NOFA.
    c. Economic Opportunities for Low- and Very Low-Income Persons 
(Section 3). Certain programs to be issued during FY2006 require 
recipients of assistance to comply with Section 3 of the Housing and 
Urban Development Act of 1968 (Section 3), 12 U.S.C. 1701u (Economic 
Opportunities for Low- and Very Low-Income Persons in Connection with 
Assisted Projects), and the HUD regulations at 24 CFR part 135, 
including the reporting requirements at subpart E. Section 3 requires 
recipients to ensure that, to the greatest extent feasible, training, 
employment, and other economic opportunities will be directed to low- 
and very-low income persons, particularly those who are recipients of 
government assistance for housing, and business concerns that provide 
economic opportunities to low- and very low-income persons. Review the 
individual program NOFAs to determine if Section 3 applies to the 
program for which you are seeking funding.
    d. Ensuring the Participation of Small Businesses, Small 
Disadvantaged Businesses, and Women-Owned Businesses. HUD is committed 
to ensuring that small businesses, small disadvantaged businesses, and 
women-owned businesses participate fully in HUD's direct contracting 
and in contracting opportunities generated by HUD financial assistance. 
Too often, these businesses still experience difficulty in accessing 
information and successfully bidding on Federal contracts. State, 
local, and tribal governments are required by 24 CFR 85.36(e) and 
nonprofit recipients of assistance (grantees and sub-grantees) by 24 
CFR 84.44(b) to take all necessary affirmative steps in contracting for 
the purchase of goods or services to assure that minority firms, 
women's business enterprises, and labor surplus area firms are used 
whenever possible or as specified in the individual program NOFAs.
    e. Relocation. The relocation requirements of the Uniform 
Relocation Assistance and Real Property Acquisition Policies Act of 
1970 (URA), as amended, and the implementing government-wide regulation 
at 49 CFR part 24, cover any person who moves permanently from real 
property or moves personal property from real property as a direct 
result of acquisition, rehabilitation, or demolition for a program or 
project receiving HUD assistance. While there are no statutory 
provisions for ``temporary relocation'' under the URA, the URA 
regulations recognize that there are circumstances where a person will 
not be permanently displaced but may need to be moved from a project 
for a short period of time. Appendix A, Sec.  24.2(a)(9)(ii)(D) to the 
URA regulation explains that any tenant who has been temporarily 
relocated for a period beyond one year must be

[[Page 3386]]

contacted by the displacing agency and offered URA relocation 
assistance. Some HUD program regulations provide additional protections 
for temporarily relocated tenants. For example, 24 CFR 583.310(f)(1) 
provides guidance on temporary relocation for the Supportive Housing 
Program for the homeless. Before planning their project, applicants 
should review the regulations for the programs for which they are 
applying. The URA does not apply to displacements resulting from the 
demolition or disposition of public housing covered by Section 18 of 
the United States Housing Act of 1937.
    f. Executive Order 13166, ``Improving Access to Services for 
Persons with Limited English Proficiency (LEP).'' Executive Order 13166 
seeks to improve access to federally assisted services, programs, and 
benefits for individuals with limited English proficiency. Applicants 
obtaining an award from HUD must seek to provide access to program 
benefits and information to LEP individuals through translation and 
interpretive services in accordance with LEP guidance published on 
December 19, 2003 (68 FR 70968). For assistance and information 
regarding your LEP obligation, go to http://www.lep.gov.
    g. Executive Order 13279, ``Equal Protection of the Laws for Faith-
Based and Community Organizations.'' HUD is committed to full 
implementation of Executive Order 13279. The Executive Order 
established fundamental principles and policymaking criteria to guide 
Federal agencies in formulating and developing policies that have 
implications for faith-based and community organizations to ensure the 
equal protection for these organizations in social services programs 
receiving Federal financial assistance. Consistent with this order, HUD 
has undertaken a review of all policies and regulations that have 
implications for faith-based and community organizations and has 
established a policy priority to provide full and equal access to 
grassroots faith-based and other community-based organizations in HUD 
program implementation. HUD revised its program regulations in 2003 and 
2004 to remove the barriers to participation of faith-based 
organizations in HUD funding programs (68 FR 56396, September 30, 
2003), (69 FR 41712, July 9, 2004), and (69 FR 62164, October 22, 
2004). Copies of the regulatory changes can be found at http://www.hud.gov/offices/adm/grants/fundsavail.cfm.
    h. Accessible Technology. Section 508 of the Rehabilitation Act 
(Section 508) requires HUD and other Federal departments and agencies 
to ensure, when developing, procuring, maintaining or using electronic 
and information technology (EIT), that the EIT allow, regardless of the 
type of medium of technology, persons with disabilities access to and 
use of information and data on a comparable basis as is made available 
to and used by persons without disabilities. Section 508's coverage 
includes, but is not limited to, computers (hardware, software, word 
processing, email, and Internet sites), facsimile machines, copiers, 
and telephones. Among other things, Section 508 requires that unless an 
undue burden would result to the Federal department or agency, 
electronic and information technology must allow individuals with 
disabilities who are employees or members of the public seeking 
information or services, to have access to and use of information and 
data that are comparable to that of employees and members of the public 
who are not disabled. Where an undue burden exists to the Federal 
department or agency, alternative means may be used to allow a disabled 
individual use of the information and data. Section 508 does not 
require that information services be provided at any location other 
than a location at which the information services are generally 
provided. HUD encourages its funding recipients to adopt the goals and 
objectives of Section 508 by ensuring, whenever EIT is used, procured, 
or developed, that persons with disabilities have access to and use of 
the information and data made available through the EIT on a comparable 
basis as is made available to and used by persons without disabilities. 
This does not affect recipients' required compliance with Section 504 
of the Rehabilitation Act and, where applicable, the Americans with 
Disabilities Act.
    i. Procurement of Recovered Materials. State agencies and agencies 
of a political subdivision of a State that are using assistance under a 
HUD program 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 in a manner that maximizes energy and resource recovery; and 
must have established an affirmative procurement program for 
procurement of recovered materials identified in the EPA guidelines.
    j. Participation in HUD-Sponsored Program Evaluation. As a 
condition of the receipt of financial assistance under a HUD program 
NOFA, all successful applicants will be required to cooperate with all 
HUD staff or contractors who perform HUD-funded research or evaluation 
studies.
    k. 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 regulations at 24 CFR 5.108 that implement Executive Order 
13202 is a condition of receipt of assistance under a HUD program NOFA.
    l. Salary Limitation for Consultants. FY2006 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 of the high of the pay band 
paid for level IV of the Executive Schedule, unless specifically 
authorized by law.
    m. OMB Circulars and Government-wide Regulations Applicable to 
Financial Assistance Programs. Certain OMB Circulars also apply to HUD 
programs in this SuperNOFA. The policies, guidance, and requirements of 
OMB Circulars A-87 (Cost Principles Applicable to Grants, Contracts and 
Other Agreements with State and Local Governments), A-21 (Cost 
Principles for Education Institutions), A-122 (Cost Principles for 
Nonprofit Organizations), A-133 (Audits of States, Local Governments, 
and Non-Profit Organizations), and the regulations at 24 CFR part 84 
(Grants and Agreements with Institutions of Higher Education, 
Hospitals, and other Non-Profit Organizations), and 24 CFR part 85 
(Administrative Requirements for Grants and Cooperative Agreements to 
State, Local, and Federally Recognized Indian Tribal Governments), may 
apply to the award, acceptance, and use of assistance under the 
individual program NOFAs of this SuperNOFA, and to the remedies for 
noncompliance, except when inconsistent with the provisions of HUD's 
appropriations act for FY2006, other Federal statutes or regulations, 
or the provisions of this General Section. Compliance with additional 
OMB

[[Page 3387]]

circulars or government-wide regulations may be specified for a 
particular program in the NOFA Program Section of the SuperNOFA. Copies 
of the OMB circulars may be obtained from EOP Publications, New 
Executive Office Building, Room 2200, Washington, DC 20503, telephone 
(202) 395-3080 (this is not a toll-free number) or (800) 877-8339 
(toll-free TTY Federal Information Relay Service) or from the Web site 
at http://www.whitehouse.gov/omb/circulars/index.html.
    n. Environmental Requirements. If you become a recipient under one 
of HUD's programs that assist in physical development activities or 
property acquisition, you are generally prohibited from acquiring, 
rehabilitating, converting, demolishing, leasing, repairing, or 
constructing property or committing or expending HUD or non-HUD funds 
for these types of program activities, until one of the following has 
occurred:
    (1) HUD has completed an environmental review in accordance with 24 
CFR part 50; or
    (2) For programs subject to 24 CFR part 58, HUD has approved a 
recipient's Request for Release of Funds (Form HUD-7015.15) following a 
Responsible Entity's completion of an environmental review.
    You, the applicant, should consult the individual program NOFA for 
any program for which you are interested in applying to determine the 
procedures for, timing of, and any exclusions from environmental review 
under a particular program. For applicants applying for funding under 
the Section 202 Supportive Housing for the Elderly program or Section 
811 Supportive Housing for Persons with Disabilities program, please 
note the environmental review requirements for these programs.
    o. Conflicts of Interest. If you are a consultant or expert who is 
assisting HUD in rating and ranking applicants for funding under this 
General Section or future NOFAs published in FY2006, you are subject to 
18 U.S.C. 208, the Federal criminal conflict of interest statute, and 
the Standards of Ethical Conduct for Employees of the Executive Branch 
regulation published at 5 CFR part 2635. As a result, if you have 
assisted or plan to assist applicants with preparing applications for 
programs in the SuperNOFA or NOFAs published in FY2006, you may not 
serve on a selection panel and you may not serve as a technical advisor 
to HUD. Persons involved in rating and ranking HUD FY2006 NOFAs, 
including experts and consultants, must avoid conflicts of interest or 
the appearance of conflicts. Persons involved in rating and ranking 
applications must disclose to HUD's General Counsel or HUD's Ethics Law 
Division the following information, if applicable: How the selection or 
non-selection of any applicant under the FY2006 SuperNOFA will affect 
the individual's financial interests, as provided in 18 U.S.C. 208, or 
how the application process involves a party with whom the individual 
has a covered relationship under 5 CFR 2635.502. The person must 
disclose this information before participating in any matter regarding 
a FY2006 NOFA. If you have questions regarding these provisions or 
concerning a conflict of interest, you may call the Office of General 
Counsel, Ethics Law Division, at (202) 708-3815 (this is not a toll-
free number).
    p. Drug-Free Workplace. Applicants awarded funds from HUD are 
required to provide a drug-free workplace. Compliance with this 
requirement means that the applicant will:
    (1) Publish a statement notifying employees that it is unlawful to 
manufacture, distribute, dispense, possess, or use a controlled 
substance in the applicant's workplace and that such activities are 
prohibited. The statement must specify the actions that will be taken 
against employees for violation of this prohibition. The statement must 
also notify employees that, as a condition of employment under the 
Federal award, they are required to abide by the terms of the statement 
and that each employee must agree to notify the employer in writing of 
any violation of a criminal drug statute occurring in the workplace no 
later than 5 calendar days after such violation;
    (2) Establish an ongoing drug-free awareness program to inform 
employees about:
    (a) The dangers of drug abuse in the workplace;
    (b) The applicant's policy of maintaining a drug-free workplace;
    (c) Any available drug counseling, rehabilitation, or employee 
maintenance programs; and
    (d) The penalties that may be imposed upon employees for drug abuse 
violations occurring in the workplace;
    (3) Notify the Federal agency in writing within 10 calendar days 
after receiving notice from an employee of a drug abuse conviction or 
otherwise receiving actual notice of a drug abuse conviction. The 
notification must be provided in writing to HUD's Office of 
Departmental Grants Management and Oversight, Department of Housing and 
Urban Development, 451 Seventh Street, SW., Room 3156, Washington, DC 
20410-3000, along with the following information:
    (a) The program title and award number for each HUD award covered;
    (b) The HUD staff contact name, phone, and fax numbers and
    (c) A grantee contact name, phone, and fax number; and
    (4) Require that each employee engaged in the performance of the 
federally funded award be given a copy of the drug-free workplace 
statement required in item (1) and notify the employee that one of the 
following actions will be taken against the employee within 30 calendar 
days of receiving notice of any drug abuse conviction:
    (a) Institution of a personnel action against the employee, up to 
and including termination consistent with requirements of the 
Rehabilitation Act of 1973, as amended; or
    (b) Imposition of a requirement that the employee participate 
satisfactorily in a drug abuse assistance or rehabilitation program 
approved for such purposes by a Federal, State, or local health, law 
enforcement, or other appropriate agency.
    q. Safeguarding Resident/Client Files. In maintaining resident and 
client files, HUD funding recipients shall observe State and local laws 
concerning the disclosure of records that pertain to individuals. 
Further, recipients are required to adopt and take reasonable measures 
to ensure that resident and client files are safeguarded.

IV. Application and Submission Information

A. Addresses To Request Application Package

    This section describes how applicants may obtain application forms, 
additional information about the HUD program NOFAs, and technical 
assistance. Copies of the published NOFAs and application forms for HUD 
programs announced through NOFAs may be downloaded from the Grants.gov 
Web site at http://www.grants.gov/FIND and chosen from links provided 
under the topic ``Search Grant Opportunities,'' which allows applicants 
to do a basic search or to browse by category or agency. Applicants 
having difficulty accessing the information may receive customer 
support from Grants.gov by calling its help line at (800) 518-GRANTS or 
sending an e-mail to [email protected]. The customer service 
representatives will assist applicants in accessing the information. 
Applicants that do not have Internet access that need to obtain a copy 
of a NOFA can contact HUD's NOFA Information Center toll-free at (800) 
HUD-8929. Persons with hearing or

[[Page 3388]]

speech impairments may also call toll-free at (800) HUD-2209.
1. Application Kits
    There are no application kits for HUD programs. All the information 
you need to apply will be in the NOFA and available at http://www.grants.gov/Apply. The NOFAs and forms can be downloaded from http://www.grants.gov/Apply, by clicking on Apply Step 1. Please pay 
attention to the submission requirements and format for submission 
specified in each program NOFA to ensure that you have submitted all 
required elements of your application.
2. Official NOFA Content Retrieval
    In order to retrieve the instructions, applicants must go to the 
Grants.gov Web site entitled ``Download Application Package'' at 
https://apply.grants.gov/forms_apps_idx.html. Insert the Catalog of 
Federal Domestic Assistance (CFDA) number or the Funding Competition 
ID, or the Funding Opportunity Number. Once this information has been 
inserted, click on the ``Download Package'' button. The next page on 
the Web site, ``Selected Grant Application for Download,'' instructs 
applicants to download the application and its instructions by 
selecting the corresponding download link and saving the files to the 
applicant's computer for future reference and use. You do not need to 
be registered to read the instructions or complete the application once 
you have downloaded it and saved it on your computer.
    a. Instructions and Application Download Contents. The instructions 
download will contain several files, the General Section, the Program 
Section, and any other forms that are not part of the Application 
Download. The Application Download will contain a cover page entitled 
``Grant Application Package.'' The cover page provides information 
regarding the application package you have chosen to download, i.e., 
Opportunity Title, Agency Name, CFDA Number, etc., so that you can 
ensure that you have selected the correct application to prepare. The 
Grant Application cover page separates the required forms into two 
categories: ``Mandatory Documents'' and ``Optional Documents.'' Please 
note that regardless of the box in which the forms are listed, the 
published Federal Register document is the official document HUD uses 
to solicit applications. Therefore, applicants should follow the 
submission requirements in the published NOFA for the program in which 
they are applying for funding. The Program NOFA will contain a list of 
forms and other documents that are part of the submission. The NOFA 
will also identify which forms may be applicable to only certain 
applicants and if so, they need to be submitted with the application.
    b. The published Federal Register document is the official document 
that HUD uses to solicit applications. Therefore, if there is a 
discrepancy between any materials published by HUD in its Federal 
Register publications and other information provided in paper copy, 
electronic copy, or at http://www.grants.gov, the Federal Register 
publication prevails. Please be sure to review your application 
submission against the requirements in the Federal Register file for 
the program NOFA or NOFAs to which you are applying. By accessing the 
information via Grants.gov you will not have to wait for copies of the 
NOFAs or forms to begin to prepare your application. HUD is continuing 
to streamline programs and application submission requirements and 
encourages applicants to provide HUD with additional suggestions.
3. Guidebook and Further Information
    A guidebook to HUD programs entitled, ``Connecting with 
Communities: A User's Guide to HUD Programs and the FY2006 NOFA 
Process,'' is available from the HUD NOFA Information Center and the 
HUD Web site at http://www.hud.gov/offices/adm/grants/fundsavail.cfm. 
The guidebook provides a brief description of all HUD programs, 
identifies eligible applicants for the programs, and provides examples 
of how programs can work in combination to serve local community needs. 
You can also obtain a copy from the NOFA Information Center by calling 
(800) HUD-8929. The hearing impaired may call (800) HUD-2209 (TTY) 
(both are toll-free numbers). The NOFA Information Center is open 
between the hours of 10 a.m. to 6:30 p.m. eastern time, Monday through 
Friday, except on Federal holidays. The NOFA Information Center will 
open with the publication of this Notice.
4. Technical Assistance
    HUD staff will be available to provide you with general guidance 
and technical assistance about this notice or about individual program 
NOFAs. However, HUD staff is not permitted to help prepare your 
application. Following selection of applicants, but before announcement 
of awards are made, HUD staff is available to assist in clarifying or 
confirming information that is a prerequisite to the offer of an award 
or annual contributions contract (ACC) by HUD. For technical support 
for downloading an application or submitting an application, please 
call Grants.gov Customer Support at (800) 518-GRANTS (this is a toll-
free number) or send an e-mail to [email protected].
5. SuperNOFA Webcasts
    HUD provides technical assistance and training on its programs 
announced through NOFAs. The NOFA broadcasts are interactive and allow 
potential applicants to obtain a better understanding of the threshold, 
program, and application submission requirements for funding. 
Participation in this training opportunity is free of charge and can be 
accessed via HUD's Web site at http://www.hud.gov/offices/adm/grants/fundsavail.cfm. The SuperNOFA Webcast schedule can also be found via 
HUD's Web site at http://www.hud.gov/webcasts/index.cfm.

B. Content and Form of Application Submission

    Be sure to read and follow the application submission requirements 
published in each individual program NOFA for which you are submitting 
an application.
1. Forms
    Each program NOFA will identify all the required forms for 
submission. HUD's standard forms are identified below:
    a. Application for Federal Assistance (SF-424);
    b. Survey on Ensuring Equal Opportunity for Applicants (SF-424 
Supplement);
    c. Grant Application Detailed Budget (HUD-424-CB);
    d. Grant Application Detailed Budget Worksheet (HUD-424-CBW);
    e. Disclosure of Lobbying Activities (SF-LLL), if applicable;
    f. Applicant/Recipient Disclosure/Update Report (HUD-2880);
    g. Certification of Consistency with RC/EZ/EC-II Strategic Plan 
(HUD-2990), if applicable;
    h. Certification of Consistency with the Consolidated Plan (HUD-
2991), if applicable;
    i. Acknowledgment of Application Receipt (HUD-2993);
    j. You Are Our Client Grant Applicant Survey (HUD 2994-A) 
(Optional);
    k. Program Outcome Logic Model (HUD-96010);
    l. Race and Ethnic Data Reporting Form (HUD-27061), if applicable;
    m. America's Affordable Communities Initiative (HUD-27300), if 
applicable; and

[[Page 3389]]

    n. Facsimile Transmittal (HUD-96011).
    Copies of these forms are available at HUD's Web site at http://www.hud.gov/offices/adm/grants/nofa06/snofaforms.cfm. Any additional 
program form required to be submitted to meet specific program 
requirements is included with each program NOFA. The electronic 
instructions contain all forms required for submission that are not 
PureEdgeTM forms. The application download contains only the 
PureEdgeTM forms. To have all the forms needed for 
application submission, applicants must download the instructions as 
well as the application.
2. Certifications and Assurances
    The form SF-424-B, Assurances and Certifications, is no longer 
required as a separate submission. However, applicants are placed on 
notice that by signing the SF-424 cover page:
    a. The governing body of the applicant's organization has duly 
authorized the application for Federal assistance. In addition, by 
signing or electronically submitting the application, the Authorized 
Organization Representative (AOR) certifies that the applicant:
    (1) has the legal authority to apply for Federal assistance and the 
institutional, managerial, and financial capacity (including funds to 
pay for any non-Federal share of program costs) to plan, manage, and 
complete the program as described in the application;
    (2) will provide HUD any additional information it may require; and
    (3) will administer the award in compliance with requirements 
identified and contained in the NOFA (General and Program Sections) as 
applicable to the program for which funds are awarded and in accordance 
with requirements applicable to the program.
    b. No appropriated Federal funds have been paid or will be paid, by 
or on behalf of the applicant, to any person for influencing or 
attempting to influence an officer or employee of any agency, a member 
of Congress, or an employee of a member of Congress, in connection with 
this application for Federal assistance or any award of funds resulting 
from the submission of this application for Federal assistance or its 
extension, renewal, amendment, or modification. If funds other than 
Federal appropriated funds have been or will be paid for influencing or 
attempting to influence the persons listed above, the applicant agrees 
to complete and submit Standard Form LLL, Disclosure of Lobbying 
Activities, as part of its application submission package. The 
applicant further agrees to and certifies that it will require all 
subawards at all tiers including subgrants and contracts to similarly 
certify and disclose accordingly.
    c. Federally recognized Indian tribes and tribally designated 
housing entities (TDHEs) established by a federally recognized Indian 
tribe, as a result of the exercise of the tribe's sovereign power, are 
excluded from coverage by item b. (also known as the Byrd Amendment). 
However, State-recognized Indian tribes and TDHEs established under 
State law are not excluded from the statute's coverage and therefore 
agree to, and must comply with, item b. above.
    By submitting an application, the applicant affirms its awareness 
of these certifications and assurances. The Authorized Organization 
Representative submitting the application is affirming that these 
certifications and assurances are material representations of the facts 
upon which HUD will rely when making an award to the applicant. If it 
is later determined that the signatory to the application submission 
knowingly made a false certification or assurance or did not have the 
authority to make a legally binding commitment for the applicant, the 
applicant may be subject to criminal prosecution, and HUD may terminate 
the award to the applicant organization or pursue other available 
remedies.

C. Deadline Dates and Times

    Applications submitted through Grants.gov must be received and 
validated by Grants.gov no later than 11:59:59 p.m. eastern time on the 
application deadline date. Important Submission Tip: Please be aware 
that when submitting an application via Grants.gov, you will first 
receive a confirmation notice that Grants.gov received the application. 
The application will then go through a validation process. If the 
validation process finds problems with the application, it will be 
rejected and unavailable for retrieval by HUD. The validation check 
ensures that:
    1. The application is virus free;
    2. The application meets the deadline requirements established for 
the funding opportunity;
    3. The DUNS number submitted on the application matches the DUNS 
number in the registration, and that the Authorized Organization 
Representative has been authorized to submit the application for 
funding by the organization identified by its DUNS number; and
    4. All the mandatory fields and forms were completed on the 
application.
    5. Upload the application using Internet Explorer or Netscape 
browsers.
    If the application fails any of these items on the validation 
check, the application will be rejected. The validation check occurs 24 
to 48 hours after the application submission. Therefore, HUD recommends 
that all applicants submit their application no later than 48 to 72 
hours before the deadline. That way, if the application fails the 
validation process, the applicant will receive an e-mail notification 
providing the error messages. By submitting 48 to 72 hours in advance 
of the deadline, applicants have time to cure deficiencies in their 
application and resubmit it in time to meet deadline requirements. In 
developing the application submission dates, HUD has considered the 
validation process and established due dates for all NOFAs that build 
in the additional time for the validation process. For example, if HUD 
previously provided a 60-day application period, HUD will provide a 63-
day application period in FY2006.

D. Intergovernmental Review

    Executive Order 12372, ``Intergovernmental Review of Federal 
Programs,'' was issued to foster intergovernmental partnership and 
strengthen federalism by relying on State and local processes for the 
coordination and review of Federal financial assistance and direct 
Federal development. HUD implementing regulations are published at 24 
CFR part 52. The order allows each State to designate an entity to 
perform a State review function. Applicants can find the official 
listing of State Points of Contact (SPOC) for this review process at 
http://www.whitehouse.gov/omb/grants/spoc.html. States not listed on 
the Web site have chosen not to participate in the intergovernmental 
review process and, therefore, do not have a SPOC. If your State has a 
SPOC, you should contact the SPOC to see if it is interested in 
reviewing your application before submission to HUD.
    Please make sure that you allow ample time for this review when 
developing and submitting your applications. If your State does not 
have a SPOC, you can submit your application directly to HUD using 
Grants.gov.

E. Funding Restrictions

    The individual program NOFAs will describe any funding restrictions 
that apply to each program.

[[Page 3390]]

F. Other Submission Requirements

    Application Submission and Receipt Procedures. This section 
provides the application submission and receipt instructions for HUD 
program applications. Please read the following instructions carefully 
and completely, as failure to comply with these procedures may 
disqualify your application.
1. Electronic Submission of Applications
    Applicants must submit their applications electronically through 
Grants.gov. HUD described the Grants.gov registration process in its 
Early Grants.gov Registration notice published in the Federal Register 
on December 9, 2005 (70 FR 73332), and in other information available 
at http://www.grants.gov/GetStarted. The site provides registration 
checklists that applicants are advised to use, to ensure that they have 
all the information they need to complete all the steps in the 
registration process. Past applicants have found that the checklists 
made their registration easier and faster.
    There are five sequential steps required for an applicant to 
complete the Grants.gov registration process:
    a. Step one is to call Dun and Bradstreet and request a Dun and 
Bradstreet Universal Data Numbering System (DUNS) number for the 
organization (if it does not already have one), as described above. The 
DUNS number is used by the Federal Government to identify the 
organization. Organizations should be able to obtain a DUNS number on 
the same date they contact Dun and Bradstreet by phone (866) 705-5711 
(this is a toll-free number).
    b. Step two is to register with the Central Contractor Registry 
(CCR) either toll-free by telephone ((888) 227-2423) or by going online 
at http://www.ccr.gov. When an organization registers with the CCR, the 
organization will be required to designate an E-Business Point of 
Contact (E-Business POC). The E-Business POC will designate a special 
password called an ``M-PIN.'' The password gives the E-Business POC 
sole authority to designate which staff member(s) from the organization 
will be allowed to submit applications electronically on its behalf. 
Staff members that are designated by the organization's E-Business POC 
to submit applications on its behalf are called Authorized Organization 
Representatives (AORs). Registering with the CCR is required for an 
organization to be able to use Grants.gov. It takes 1 to 3 days to 
complete this process because security information has to be sent to 
the organization.
    Note that CCR registration expires on an annual basis and, 
therefore, it must be updated to remain active. The CCR will send the 
E-Business POC an e-mail message 30 days before the expiration date of 
their current registration. If the E-Business POC does not update the 
CCR registration by the expiration date, the CCR will send the 
organization a letter notifying it that its account has been 
deactivated.
    c. Step three requires that AORs from the organization register 
with the Credential Provider to obtain their username and password, via 
the Web site, https://apply.grants.gov/OrcRegister. The AOR usernames 
and passwords serve as ``electronic signatures'' when an AOR submits an 
application via Grants.gov on behalf of an organization. AORs must wait 
until after their organization has received registration confirmation 
from the CCR before they can obtain their user names and passwords. 
AORs designate their user name and password when registering with a 
credential provider. AORs will receive validation of their user names 
and passwords on the same day that they submit the information online.
    d. Step four requires the AORs to register with Grants.gov. AORs 
must register with Grants.gov to obtain an account at the Web site, 
https://apply.grants.gov/GrantsgovRegister. AOR registration with 
Grants.gov allows AORs to submit applications on behalf of the 
organization and to track the status of submitted applications.
    e. Step five requires the E-Business POC to approve the designated 
AORs. When an AOR registers with Grants.gov (step 4), the E-Business 
POC will receive an e-mail notification. The E-Business POC must 
subsequently log into Grants.gov (using the organization's DUNS number 
as the user name and the M-PIN as the password) and approve the AOR(s), 
thereby giving each approved AOR permission to electronically submit 
applications on behalf of the organization using Grants.gov. Only the 
organization's E-Business POC can approve AORs. After the E-Business 
POC approves an AOR, Grants.gov will send the AOR confirmation of the 
approval via e-mail. See HUD's Notice on Early Registration for 
complete details of the registration process and steps.
2. Important Registration Tips
    a. The registration process is distinct from application submission 
and encompasses five-steps that can take approximately 10 business days 
to complete. Therefore, applicants must allow sufficient time to 
complete their registration prior to submitting their application. 
Applicants can submit their application to Grants.gov once they are 
fully registered. Please note that the Internal Revenue Service takes 
approximately 5 weeks to provide a new organization with a Tax 
Identification Number (TIN) or Employer Identification Number (EIN). 
You will need a TIN or EIN to register in the CCR. Please allow 
sufficient time to obtain the TIN or EIN if you currently do not have 
one for your organization, as you will need the number to complete the 
registration process in CCR.
    b. Applicants must remember the password and ID they are provided 
during the registration process. Passwords and IDs are case sensitive. 
Forgetting your password or ID could delay the timely submission of 
your application.
    c. Applicants must register and the E-Business Point of Contact 
must authorize the individual(s) who will be submitting the application 
on behalf of the organization. By authorizing the person to submit on 
behalf of the organization, the organization is stating that the person 
can make a legally binding commitment for the organization.
3. Instructions On How To Submit an Electronic Application to HUD via 
http://www.grants.gov/Apply
    a. Complete Application Package. Grants.gov has a full set of 
instructions on how to complete a grant application on its Web site at 
http://www.grants.gov/CompleteApplication. Applicants are encouraged to 
read the ``Complete Application Package'' Web site. The site contains a 
multimedia demonstration that guides applicants through the process of 
completing an application package. The training demonstration is also 
available in text format on the Web site. Grants.gov allows applicants 
to download the application package, application instructions, and 
forms incorporated in the instructions and work off-line. In addition 
to forms that are part of the application instructions downloaded from 
Grants.gov, there are a series of electronic forms that use a 
PureEdgeTM Reader. The PureEdgeTM Reader is 
available free for download from Step 2 of http://www.grants.gov/Get 
Started. Grants.gov has an updated version of the PureEdge Viewer 
(version 6.2). If applicants have not upgraded their version of the 
PureEdge viewer, they must do so before downloading the application 
package. The PureEdgeTM

[[Page 3391]]

Reader allows applicants to read the electronic files in a form format 
so that they will look like any other Standard or HUD form. The 
PureEdgeTM forms have content-sensitive help. To use this 
feature, click on the icon that features an arrow with a question mark 
at the top of the page. This engages the content-sensitive help for 
each field on the electronic form. The PureEdgeTM forms can 
be downloaded and saved on your hard drive, network drive(s), or CDs. 
Because of the size of the application, HUD recommends downloading the 
application to your computer hard drive.
    The instructions include the General and Program NOFA sections of 
the Federal Register publication and required forms that have not been 
converted to a PureEdgeTM form. Each program NOFA also 
includes a checklist. Please review the checklist in the program 
section to ensure that your application contains all the required 
materials.
    MacIntosh users will need to use the Virtual PC emulator software, 
which allows PC software to run on MacIntosh platforms. More 
information on PureEdgeTM Support for MacIntosh Users is 
available at http://www.grants.gov/CompleteApplication#, located under 
the topic Tips and Tools. Grants.gov is in the process of upgrading its 
system to allow MacIntosh users to be able to view PureEdge forms. The 
new feature will be issued shortly. Please check the Grants.gov Web 
site for the announcement of this additional feature.
    b. Mandatory Fields on PureEdgeTM Forms. In the 
PureEdgeTM forms, you will find fields with a yellow 
background. These data fields are mandatory and must be completed.
    c. Completion of SF-424 Fields First. The PureEdgeTM 
forms are designed to automatically populate common data such as the 
applicant name and address, DUNS number, etc., on all 
PureEdgeTM electronic forms. In order to trigger this 
function, the Standard Form 424 (SF-424) must be completed first. Once 
applicants complete the SF-424, the information entered will transfer 
to the other forms.
    d. Submission of Narrative Statements, Third Party Letters, and 
Certifications. In addition to forms, many of the NOFAs require the 
submission of other documentation, such as third party letters, 
certifications, or program narrative statements. This section discusses 
how you should submit this additional information electronically as 
part of your application:
    (1) Narrative Statements to the Factors for Award. If you are 
required to submit narrative statements, you must submit them as an 
electronic file in Microsoft Word (version 9 or earlier), Microsoft 
Excel 2000, or in Portable Document Format (PDF) that is compatible 
with AdobeTM Reader version 6.0 or earlier. If HUD receives 
a file in a format other than those specified, HUD will not be able to 
read the file, and it will not be reviewed. Each response to a Factor 
for Award should be clearly identified and can be incorporated into a 
single attachment or all attachments zipped together into a single 
attached file. Program NOFAs may specify if they want the files 
submitted separately or as a single attachment file, so please 
carefully review the program NOFA requirements for submission format 
when they are published. Documents that applicants possess in 
electronic format, e.g., narratives they have written, or graphic 
images (such as Computer Aided Design (CAD) files from an architect), 
must be attached using the ``Attachments'' form included in the 
application package downloaded from Grants.gov. In order to reduce the 
size of its attachments, applicants can compress all or several files 
using a ZIP utility. Applicants can then attach the zipped file as 
described above.
    (2) Third Party Letters, Certifications Requiring Signatures, and 
Other Documentation. Applicants required to submit third party 
documentation (e.g., establishing matching or leveraged fund, 
documentation of 501(c)(3) status or incorporation papers, documents 
that support the need for the program, memoranda of understanding 
(MOUs), or program required documentation that supports your 
organization's claims regarding work that has been done to remove 
regulatory barriers to affordable housing) can choose from the 
following two options, as a way to provide HUD with the documentation:
    (a) Scanning Documents to Create Electronic Files. Scanning 
documents increases the size of files. Applicants may not submit 
scanned files unless the facsimile solution described below will not 
work due to the nature of the document. Electronic files must be 
labeled so that the recipient at HUD will know what the file contains. 
Program NOFAs will indicate any naming conventions that applicants must 
use when submitting files using the attachment form.
    (b) Faxing Required Documentation. Applicants may submit the 
required documentation to HUD by facsimile. Applicants may only use the 
fax method to submit attachments that are part of their electronic 
applications. HUD will not accept entire applications by fax. HUD will 
disqualify applications submitted entirely by fax.
    Facsimiles submitted in response to a NOFA must use the form HUD-
96011. The transmittal form to be downloaded with the application can 
be found on Grants.gov. The transmittal form found in the downloaded 
application contains a unique identifier that allows HUD to match an 
applicant's application submitted via Grants.gov with faxes coming from 
a variety of sources. Therefore, for HUD to correctly match a fax to a 
particular application, the applicant must use and require third 
parties that fax documentation on its behalf to use the form HUD-96011 
as the cover page of the facsimile. Using the form HUD-96011 will 
ensure that HUD can electronically read faxes submitted by and on 
behalf of an applicant and match them to the applicant's application 
package received via Grants.gov.
    When you download an application package from Grants.gov, be sure 
to save it to your hard drive, complete the SF-424, and then provide 
copies of the form HUD-96011 facsimile transmittal cover page to third 
parties that will submit information in support of your application. Do 
not download the same application package from Grants.gov more than 
once. Each time the application package is downloaded, the forms are 
given a unique ID number. To ensure that all the forms in your package 
contain the same unique ID number, after downloading your application 
complete the SF-424, save the forms to your hard drive, and use the 
saved forms to create your application. If you have to provide a copy 
of the form HUD-96011 to another party that will be responsible for 
faxing an item as part of your application, make a copy of the 
facsimile transmittal cover page from your downloaded application and 
provide that copy to the third party for use with the fax transmission. 
Please instruct third parties to use the form HUD-96011 that you have 
provided as a cover page when they submit information supporting your 
application using the facsimile method, because it contains the 
embedded ID number that is unique to your application submission. 
Applicants must fax their information, and third parties must fax 
information in support of an applicant's application, using the HUD-
96011 facsimile transmittal cover page, to the following fax number: 
(800) HUD-1010. If you cannot access this 800 number or have problems, 
you may use (215) 825-8798 (this is not a toll-free number). Failure

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to use the form HUD-96011 as the cover page will create a problem in 
electronically matching your faxes to the application. If HUD is unable 
to match the faxes electronically due to an applicant's failure to 
follow these directions, HUD will not hand-match faxes to applications 
and not consider the faxed information in rating the application.
    In addition, applicants must fax individual documents as separate 
submissions to avoid fax transmission problems. When faxing several 
documents, applicants must use the form HUD-96011 as the cover page for 
each document (e.g., Letter of Matching or Leveraging funds, Memorandum 
of Understanding, Certification of Consistency with the Consolidated 
Plan, etc.) Please be aware that faxing large documents at one time may 
result in transmission failures. Be sure to check the record of your 
transmission issued by the fax machine to ensure that your fax 
submission was completed ``OK.'' For large or long documents, HUD 
suggests that you divide the document into smaller sections for faxing 
purposes. Each time you fax a document that you have divided into 
smaller sections, you should indicate on the cover sheet the section 
number of the total number of sections that you submitted, (e.g., 
``Part 1 of 4 parts'' or ``pages 1-10 of 20 pages'').
    Your facsimile machine should provide you with a record of whether 
HUD received your transmission. If you get a negative response or a 
transmission error, you should resubmit the document until you confirm 
that HUD has received your transmission. HUD will not acknowledge that 
it received a fax successfully. When HUD receives a fax electronically, 
HUD will electronically read it with an optical character reader and 
attach it to the application submitted through Grants.gov. Applicants 
and third parties submitting information in support of the applicant's 
application may submit information by facsimile transmissions at any 
time before the application deadline date. Applicants must ensure that 
the form HUD-96011 used to fax information matches their electronic 
application (i.e., is part of the application package downloaded from 
Grants.gov). All faxed materials must be received no later than 
11:59:59 p.m. eastern time on the application deadline date. HUD will 
store the information and match it to the electronic application when 
HUD receives it from Grants.gov.
    Facsimile Transmission Tip: Be sure to save your receipt of 
successful facsimile transmission as proof that the document was timely 
submitted to HUD. In cases where receipt may be in question, the 
transmittal receipt is your proof of timely receipt and successful 
submission.
    (c) Submissions Using Other File Formats. If you are required to 
submit files in other formats such as CAD files of architectural 
drawings and blueprints, or pictures, you must attach these as 
electronic files in PDF format that is compatible with Adobe 
TM Reader version 6.0 or earlier. The files should be part 
of the zipped folder that is attached and submitted with your 
application transmission.
    e. Customer Support. The Grants.gov Web site provides customer 
support via (800) 518-GRANTS (this is a toll-free number) or via e-mail 
at [email protected]. The customer support center is open from 7 a.m. 
to 9 p.m. eastern time, Monday through Friday, except Federal holidays, 
to address Grants.gov technology issues. For technical assistance to 
program-related questions, contact the number listed in Section VII 
Agency Contact in the program NOFA you are applying for.
4. Timely Receipt Requirements and Proof of Timely Submission
    a. Electronic Submission.
    (1) All applications must be received and validated by Grants.gov 
by 11:59:59 p.m. eastern time on the application deadline date 
established for each program NOFA. If the application is not validated 
before the deadline date, it will not be considered as meeting the 
deadline requirements.
    Important Submission Tip: Upon successful submission, an applicant 
will receive an e-mail notification confirming receipt and indicating 
the application is being validated and that the validation process will 
be completed in approximately 24 to 48 hours. If the application does 
not pass the validation check, it will be rejected and the applicant 
notified of the reason for the rejected application. Applicants should 
therefore not assume because Grants.gov received an application, that 
they have successfully submitted the application until they receive the 
validation notice. If a rejection notice is received, the applicant 
should review the reasons for rejection and, if time permits, correct 
the error(s) and resubmit the application in time to meet the deadline 
requirements.
    (2) Proof of timely submission and validation is automatically 
recorded by Grants.gov. An electronic time stamp is generated within 
the system when the application has been successfully received and 
validated.
    (3) An applicant will receive an acknowledgement of receipt and a 
tracking number from Grants.gov with the successful transmission of its 
application followed by the validation receipt. When the validated 
application is transmitted from Grants.gov to HUD, the applicant will 
receive an e-mail notification that the application was received by the 
funding agency. Applicants should print and file these receipts along 
with facsimile receipts for information provided by facsimile, as proof 
of timely submission. Applicants will be considered as meeting the 
deadline date requirements when Grants.gov has received and validated 
your application no later than the deadline date and time, and all fax 
transmissions have been received by the deadline date and time.
    (4) Applications validated by Grants.gov after the established 
deadline date and time for the program will be considered late. HUD 
will not consider any late application submissions. Similarly, HUD will 
not consider information submitted by facsimile as part of the 
application if received by HUD after the established deadline date and 
time. Please take into account the transmission time required for 
submitting your application via the Internet and the time required to 
fax any related documents. HUD suggests that applicants submit their 
applications during the operating hours of the Grants.gov Support Desk 
so that, if there are questions concerning transmission, operators will 
be available to assist you through the process. Submitting your 
application during the Support Desk hours will also ensure that you 
have sufficient time for the application to complete its transmission 
before the application deadline.
    (5) Applicants using dial-up connections should be aware that 
transmitting your application takes extra time before Grants.gov 
receives it. Grants.gov will provide either an error or a successfully 
received transmission message. The Grants.gov Support Desk reports that 
some applicants abort the transmission because they think that nothing 
is occurring during the transmission process. Please be patient and 
give the system time to process the application. Uploading and 
transmitting a large file, particularly electronic forms with 
associated eXtensible mark-up language (XML) schema, will take 
considerable time to process and be received by Grants.gov.
    Important Submission Tip. When submitting an application 
electronically, applicants should take the following steps to speed up 
the transmission process:

[[Page 3393]]

     Close all other applications running on the computer used 
for the upload;
     Save the completed application to the desktop, checking to 
make sure that the file that you intend to submit is the complete and 
final version of your application;
     Open and view all attachment files to make sure they are 
the final versions of the attachments that you plan to submit. Check 
your system to make sure other versions are not still saved and delete 
old versions so you do not submit the wrong attachments in the 
application submission;
     Check the application for errors using the check 
application for errors button contained in the Grants.gov application; 
if errors are found, follow each error message and correct the error;
     Submit your application using Internet Explorer or 
Netscape browsers. Grants.gov has been tested using these browsers, and 
HUD has found easier transmission with these browsers than others;
     Transmission, even for very large applications, should be 
completed in a few minutes. Transmission should not take longer than an 
hour. If transmission takes longer, close down the application, and 
contact the Grants.gov help line, retaining the help desk ticket number 
for future reference. You may also use the submit tips available on the 
Grants.gov Web site;
     Submit the application to Grants.gov 48 to 72 hours in 
advance of the deadline to provide sufficient time to correct any 
validation errors noted and address any registration issues;
     If validation errors are reported, correct the validation 
errors and resubmit the application if it is prior to the deadline 
date; late applications will not be accepted by Grants.gov;
     If you are not sure what to do, call the Grants.gov help 
desk and retain the ticket number for future reference.
     Do not attempt to submit electronically if the computer 
you are using does not meet the minimum requirements for electronic 
submission. These requirements are listed on the Grants.gov Web site, 
as well as HUD's Web site;
     If you get an ``MEC'' error message, it is a Microsoft 
Configuration Error. Contact your software provider or your computer/
information technology support desk to help you configure your system 
for the size files you are trying to upload. This is not a Grants.gov 
system issue, but rather an issue with your computer configuration.
    b. Late applications, whether received electronically or in hard 
copy, will not receive funding consideration. HUD will not be 
responsible for directing or forwarding applications to the appropriate 
location. Applicants should pay close attention to these submission and 
timely receipt instructions, as they can make a difference in whether 
HUD will accept your application for funding consideration.
5. Waiver of Electronic Submission Requirements
    For FY2006, the procedures for obtaining a waiver of the electronic 
submission requirement have changed. On December 29, 2005 (70 FR 
77292), HUD published a final rule that established in 24 CFR 5.1005 
the regulatory framework for HUD's electronic submission requirement, 
as well as the procedures for obtaining a waiver. Applicants seeking a 
waiver of the electronic submission requirement must request a waiver 
in accordance with 24 CFR 5.1005. If the waiver is granted, the 
applicable program office's response will include instructions on how, 
where, and how many hard copies of the paper application must be 
submitted. Applicants that are granted a waiver of the electronic 
submission requirement will not be afforded additional time to submit 
their applications. The deadlines for applications will remain as 
provided in the program section of the SuperNOFA and as per the final 
Appendix A to be published with the SuperNOFA program sections. As a 
result, applicants seeking a waiver of the electronic application 
submission requirement should submit their waiver request with 
sufficient time to allow HUD to process and respond to the request. 
Applicants should also allow themselves sufficient time to submit their 
application so that HUD receives the application by the established 
deadline date. For this reason, HUD strongly recommends that an 
applicant that finds it is unable to submit its application 
electronically and must seek a waiver of the electronic grant 
submission requirement, submit its waiver request to the headquarters 
of the applicable HUD office approximately no later than 15 days before 
the application deadline date. This will allow time for HUD to process 
the waiver request and give the applicant sufficient time to submit the 
paper application to meet the deadline date requirement if the waiver 
is granted. To expedite the receipt and review of such requests, 
applicants may e-mail their requests to the program contact listed in 
the program NOFA. Applications that are received after the established 
deadline date will not be considered.

V. Application Review Information

A. Criteria

1. Factors for Award Used To Evaluate and Rate Applications
    For each program NOFA, the points awarded for the rating factors 
total 100. Depending on the program for which you are seeking funding, 
the funding opportunity may provide up to four bonus points as provided 
below:
    a. RC/EZ/EC-II. HUD will award two bonus points to each application 
that includes a valid form HUD-2990 certifying that the proposed 
activities/projects in the application are consistent with the 
strategic plan for an empowerment zone (EZ) designated by HUD or the 
U.S. Department of Agriculture (USDA), the tax incentive utilization 
plan for an urban or rural renewal community designated by HUD (RC), or 
the strategic plan for and enterprise community designated in round II 
by USDA (EZ-II), and that the proposed activities/projects will be 
located within the RC/EZ/EC-II identified above and are intended to 
serve the residents. For ease of reference in this notice, all of the 
federally designated areas are collectively referred to as ``RC/EZ/EC-
IIs'' and residents of any of these federally designated areas as ``RC/
EZ/EC-II residents.'' The individual funding announcements will 
indicate if the bonus points are available under the program. This 
notice contains a certification that must be completed for the 
applicant to be considered for RC/EZ/EC-II bonus points. Applicants can 
obtain a list of RC/EZ/EC-IIs from HUD's grants Web page at http://www.hud.gov/offices/adm/grants/fundsavail.cfm. Applicants can determine 
if their program or project activities is located in one of these 
designated areas by using the locator on HUD's Web site at http://egis.hud.gov/egis/.
    b. Brownfields Showcase Communities. In the Brownfields Economic 
Development Initiative (BEDI) competition, two bonus points are 
available for federally designated Brownfields Showcase Communities. 
(Please see the FY2006 BEDI program NOFA, when published, for 
additional information.) The designation of Brownfields Showcase 
Communities is a Federal agency initiative sponsored by 20 Federal 
agencies, including HUD. A list of the federally designated Brownfields 
Showcase Communities is available at http://www.epa.gov/swerosps/bf/html-doc/showfact.htm.
    c. The Five Standard Rating Factors for FY2006. HUD has established 
the following five standard factors for

[[Page 3394]]

awarding funds under the majority of its FY2006 program NOFAs. 
Additional details about the five rating factors and the maximum points 
for each factor are provided in the program NOFAs. For a specific 
funding opportunity, HUD may modify these factors to take into account 
explicit program needs or statutory or regulatory limitations. 
Applicants should carefully read the factors for award as described in 
the program NOFA to which you are responding. The standard factors for 
award, except as modified in the program NOFAs, are listed below.

Factor 1: Capacity of the Applicant and Relevant Organizational Staff.
Factor 2: Need/Extent of the Problem.
Factor 3: Soundness of Approach.
Factor 4: Leveraging Resources.
Factor 5: Achieving Results and Program Evaluation.

    The Continuum of Care Homeless Assistance programs have only two 
factors that receive points: Need and Continuum of Care.

B. Reviews and Selection Process

1. HUD's Strategic Goals To Implement HUD's Strategic Framework and 
Demonstrate Results
    HUD is committed to ensuring that programs result in the 
achievement of HUD's strategic mission. To support this effort, grant 
applications submitted for HUD programs will be rated on how well they 
tie proposed outcomes to HUD's policy priorities and annual goals and 
objectives, as well as the quality of the applicant's proposed 
evaluation and monitoring plans. HUD's strategic framework establishes 
the following goals and objectives for the Department:
    a. Increase Homeownership Opportunities.
    (1) Expand national homeownership opportunities.
    (2) Increase minority homeownership.
    (3) Make the home-buying process less complicated and less 
expensive.
    (4) Fight practices that permit predatory lending.
    (5) Help HUD-assisted renters become homeowners.
    (6) Keep existing homeowners from losing their homes.
    b. Promote Decent Affordable Housing.
    (1) Expand access to affordable rental housing.
    (2) Improve the physical quality and management accountability of 
public and assisted housing.
    (3) Increase housing opportunities for the elderly and persons with 
disabilities.
    (4) Help HUD-assisted renters make progress toward self-
sufficiency.
    c. Strengthen Communities.
    (1) Provide capital and resources to improve economic conditions in 
distressed communities.
    (2) Help organizations access the resources they need to make their 
communities more livable.
    (3) End chronic homelessness.
    (4) Mitigate housing conditions that threaten health.
    d. Ensure Equal Opportunity in Housing.
    (1) Resolve discrimination complaints on a timely basis.
    (2) Promote public awareness of fair housing laws.
    (3) Improve housing accessibility for persons with disabilities.
    e. Embrace High Standards of Ethics, Management, and 
Accountability.
    (1) Rebuild HUD's human capital and further diversify its 
workforce.
    (2) Improve HUD's management and its internal controls and systems, 
as well as resolve audit issues.
    (3) Improve accountability, service delivery, and customer service 
of HUD and its partners.
    (4) Ensure program compliance.
    f. Promote Participation of Grassroots Faith-Based and Other 
Community-Based Organizations.
    (1) Reduce regulatory barriers to participation by grassroots 
faith-based and other community-based organizations.
    (2) Conduct outreach to inform potential partners of HUD 
opportunities.
    (3) Expand technical assistance resources deployed to grassroots 
faith-based and other community-based organizations.
    (4) Encourage partnerships between grassroots faith-based and other 
community-based organizations and HUD's traditional grantees.
    Additional information about HUD's Strategic Plan FY 2003-FY 2008, 
and 2002-2005 Annual Performance Plans is available at http://www.hud.gov/offices/cfo/reports/cforept.cfm.
2. Policy Priorities
    HUD encourages applicants to undertake specific activities that 
will assist the Department in implementing its policy priorities and 
achieving its goals for FY 2006 and beyond, when the majority of 
funding recipients will be reporting programmatic results and 
achievements. Applicants that include work activities that specifically 
address one or more of these policy priorities will receive higher 
rating scores than applicants that do not address these HUD priorities. 
Each NOFA issued in FY 2006 will specify which priorities relate to a 
particular program and how many points will be awarded for addressing 
those priorities.
    a. Providing Increased Homeownership and Rental Opportunities for 
Low- and Moderate-Income Persons, Persons with Disabilities, the 
Elderly, Minorities, and Persons with Limited English Proficiency. Too 
often, these individuals and families are shut out of the housing 
market through no fault of their own. Often, developers of housing, 
housing counseling agencies, and other organizations engaged in the 
housing industry must work aggressively to open up the realm of 
homeownership and rental opportunities to low- and moderate-income 
persons, persons with disabilities, the elderly, minorities, and 
persons with limited English proficiency. Many of these families are 
anxious to have homes of their own, but are not aware of the programs 
and assistance that are available. Applicants are encouraged to address 
the housing, housing counseling, and other related supportive service 
needs of these individuals and coordinate their proposed activities 
with funding available through HUD's affordable housing programs and 
home loan programs.
    Proposed activities support strategic goals a, b, and d.
    b. Improving our Nation's Communities. HUD wants to improve the 
quality of life for those living in distressed communities. Applicants 
are encouraged to include activities that:
    (1) Bring private capital into distressed communities;
    (a) Finance business investments to grow new businesses;
    (b) Maintain and expand existing businesses;
    (c) Create a pool of funds for new small and minority-owned 
businesses; and
    (d) Create decent jobs for low-income persons.
    (2) Improve the environmental health and safety of families living 
in public and privately owned housing by including activities that:
    (a) Coordinate lead hazard reduction programs with weatherization 
activities funded by State and local governments and the Federal 
Government; and
    (b) Reduce or eliminate health related hazards in the home caused 
by toxic agents, such as molds and other allergens, carbon monoxide, 
and other hazardous agents and conditions.
    (3) Make communities more livable by:
    (a) Providing public and social services; and
    (b) Improving infrastructure and community facilities.
    Activities support strategic goals b, c, and d.

[[Page 3395]]

    c. Encouraging Accessible Design Features. As described in Section 
III.C.2.c, applicants must comply with applicable civil rights laws, 
including the Fair Housing Act, Section 504 of the Rehabilitation Act 
of 1973, and the Americans with Disabilities Act. These laws and the 
regulations implementing them provide for nondiscrimination based on 
disability and require housing and other facilities to incorporate 
certain features intended to provide for their use and enjoyment by 
persons with disabilities. HUD is encouraging applicants to add 
accessible design features beyond those required under civil rights 
laws and regulations. These features would eliminate many other 
barriers limiting the access of persons with disabilities to housing 
and other facilities. Copies of the Uniform Federal Accessibility 
Standards (UFAS) are available from the NOFA Information Center at 
(800) HUD-8929 or (800) HUD-2209 (TTY) (these are toll-free numbers) 
and also from the Office of Fair Housing and Equal Opportunity, 
Department of Housing and Urban Development, 451 Seventh Street, SW., 
Room 5230, Washington, DC 20410-2000, at (202) 755-5404 or toll-free at 
(800) 877-8339 (TTY) (these are toll-free numbers).
    Accessible design features are intended to promote visitability and 
incorporate features of universal design as described below.
    (1) Visitability in New Construction and Substantial 
Rehabilitation. Applicants are encouraged to incorporate visitability 
standards, where feasible, in new construction and substantial 
rehabilitation projects. Visitability standards allow a person with 
mobility impairments access into the home, but do not require that all 
features be made accessible. Visitability means that there is at least 
one entrance at grade (no steps), approached by an accessible route 
such as a sidewalk, and that the entrance door and all interior passage 
doors are at least 2 feet, 10 inches wide, allowing 32 inches of clear 
passage space. A visitable home also serves persons without 
disabilities, such as a mother pushing a stroller or a person 
delivering a large appliance. More information about visitability is 
available at http://www.concretechange.org.
    Activities support strategic goals b, c, and d.
    (2) Universal Design. Applicants are encouraged to incorporate 
universal design in the construction or rehabilitation of housing, 
retail establishments, and community facilities funded with HUD 
assistance. Universal design is the design of products and environments 
to be usable by all people to the greatest extent possible, without the 
need for adaptation or specialized design. The intent of universal 
design is to simplify life for everyone by making products, 
communications, and the built environment more usable by as many people 
as possible at little or no extra cost to the user. Universal design 
benefits people of all ages and abilities. In addition to any 
applicable required accessibility feature under Section 504 of the 
Rehabilitation Act of 1973 or the design and construction requirements 
of the Fair Housing Act, the Department encourages applicants to 
incorporate the principles of universal design when developing housing, 
community facilities, and electronic communication mechanisms, or when 
communicating with community residents at public meetings or events.
    HUD believes that by creating housing that is accessible to all, it 
can increase the supply of affordable housing for all, regardless of 
ability or age. Likewise, creating places where people work, train, and 
interact that are usable and open to all residents increases 
opportunities for economic and personal self-sufficiency. More 
information on Universal Design is available from the Center for 
Universal Design at http://www.design.ncsu.edu:8120/cud/ or the 
Resource Center on Accessible Housing and Universal Design at http://www.abledata.com/abledata.cfm?pageid=113573⊤=16029&sectionid=19326.
    Activities support strategic goals a, b, c, and d.
    d. Providing Full and Equal Access to Grassroots Faith-Based and 
Other Community-Based Organizations in HUD Program Implementation.
    (1) HUD encourages nonprofit organizations, including grassroots 
faith-based and other community-based organizations, to participate in 
the vast array of programs for which funding is available through HUD's 
programs. HUD also encourages states, units of local government, 
universities, colleges, and other organizations to partner with 
grassroots organizations (e.g., civic organizations, faith communities, 
and grassroots faith-based and other community-based organizations) 
that have not been effectively utilized. These grassroots organizations 
have a strong history of providing vital community services, such as 
assisting the homeless and preventing homelessness, counseling 
individuals and families on fair housing rights, providing elderly 
housing opportunities, developing first-time homeownership programs, 
increasing homeownership and rental housing opportunities in 
neighborhoods of choice, developing affordable and accessible housing 
in neighborhoods across the country, creating economic development 
programs, and supporting the residents of public housing facilities. 
HUD seeks to make its programs more effective, efficient, and 
accessible by expanding opportunities for grassroots organizations to 
participate in developing solutions for their own neighborhoods. 
Additionally, HUD encourages applicants to include these grassroots 
faith-based and other community-based organizations in their work 
plans. Applicants, their partners, and participants must review the 
individual FY2006 HUD program announcements to determine whether they 
are eligible to apply for funding directly or whether they must 
establish a working relationship with an eligible applicant in order to 
participate in a HUD funding opportunity. Grassroots faith-based and 
other community-based organizations, and applicants that currently or 
propose to partner, fund, subgrant, or subcontract with grassroots 
organizations (including grassroots faith-based or other community-
based nonprofit organizations eligible under applicable program 
regulations) in conducting their work programs will receive higher 
rating points as specified in the individual FY 2006 HUD program 
announcements.
    (2) Definitions of Grassroots Organizations.
    (a) HUD will consider an organization a ``grassroots organization'' 
if the organization is headquartered in the local community in which it 
provides services; and
    (i) Has a social services budget of $300,000 or less, or
    (ii) Has six or fewer full-time equivalent employees.
    (b) Local affiliates of national organizations are not considered 
``grassroots.'' Local affiliates of national organizations are 
encouraged, however, to partner with grassroots organizations, but must 
demonstrate that they are currently working with a grassroots 
organization (e.g., having a grassroots faith-based or other community-
based organization provide volunteers).
    (c) The cap provided in paragraph (2)(a)(i) above includes only 
that portion of an organization's budget allocated to providing social 
services. It does not include other portions of the budget, such as 
salaries and expenses, not directly expended in the provision of social 
services.
    Activities support strategic goal f.
    e. Participation of Minority-Serving Institutions (MSIs) in HUD 
Programs.

[[Page 3396]]

Pursuant to Executive Orders 13256, ``President's Board of Advisors on 
Historically Black Colleges and Universities,'' 13230, ``President's 
Advisory Commission on Educational Excellence for Hispanic Americans,'' 
13216, ``Increasing Participation of Asian Americans and Pacific 
Islanders in Federal Programs,'' and 13270, ``Tribal Colleges and 
Universities,'' HUD is strongly committed to broadening the 
participation of MSIs in its programs. HUD is interested in increasing 
the participation of MSIs in order to advance the development of human 
potential, strengthen the nation's capacity to provide high quality 
education, and increase opportunities for MSIs to participate and 
benefit from Federal financial assistance programs. HUD encourages all 
applicants and recipients to include meaningful participation of MSIs 
in their work programs. A listing of MSIs can be found on the 
Department of Education Web site at http://www.ed.gov/about/offices/list/ocr/edlite-minorityinst.html or HUD's Web site at http://www.hud.gov/offices/adm/grants/fundsavail.cfm. Activities support 
strategic goals c and d.
    f. Ending Chronic Homelessness. President Bush has set a national 
goal to end chronic homelessness. HUD Secretary Alphonso Jackson has 
embraced this goal and has pledged that HUD's grant programs will be 
used to support the President's goal and better meet the needs of 
chronically homeless individuals. A person experiencing chronic 
homelessness is defined as an unaccompanied individual with a disabling 
condition who has been continuously homeless for a year or more or has 
experienced four or more episodes of homelessness over the last 3 
years. A disabling condition is defined as a diagnosable substance 
abuse disorder, serious mental illness, developmental disability, or 
chronic physical illness or disability, including the co-occurrence of 
two or more of these conditions. Applicants are encouraged to target 
assistance to chronically homeless persons by undertaking activities 
that will result in:
    (1) Creation of affordable housing units, supportive housing, and 
group homes;
    (2) Establishment of a set-aside of units of affordable housing for 
the chronically homeless;
    (3) Establishment of substance abuse treatment programs targeted to 
the homeless population;
    (4) Establishment of job training programs that will provide 
opportunities for economic self-sufficiency;
    (5) Establishment of counseling programs that assist homeless 
persons in finding housing, managing finances, managing anger, and 
building interpersonal relationships;
    (6) Provision of supportive services, such as health care 
assistance that will permit homeless individuals to become productive 
members of society; and
    (7) Provision of service coordinators or one-stop assistance 
centers that will ensure that chronically homeless persons have access 
to a variety of social services.
    Applicants that are developing programs to meet the goals set in 
this policy priority should keep in mind the requirements of the 
regulations implementing Section 504 of the Rehabilitation Act, in 
particular, 24 CFR 8.4(b)(1)(iv), 8.4(c)(1), and 8.4(d).
    Activities support strategic goals b and c.
    g. Removal of Regulatory Barriers to Affordable Housing.
    In FY 2006, HUD continues to make removal of regulatory barriers a 
policy priority. Through the Department's America's Affordable 
Communities Initiative, HUD is seeking input into how it can work more 
effectively with the public and private sectors to remove regulatory 
barriers to affordable housing. Increasing the affordability of rental 
and homeownership housing continues to be a high priority of the 
Department. Addressing these barriers to housing affordability is a 
necessary component of any overall national housing policy.
    Under this policy priority, higher rating points are available to 
(1) governmental applicants that are able to demonstrate successful 
efforts in removing regulatory barriers to affordable housing and (2) 
nongovernmental applicants that are associated with jurisdictions that 
have undertaken successful efforts in removing barriers. To obtain the 
policy priority points for efforts to successfully remove regulatory 
barriers, applicants must complete form HUD-27300, ``Questionnaire for 
HUD's Initiative on Removal of Regulatory Barriers.'' Copies of HUD's 
notices published on this issue can be found on HUD's Web site at 
http://www.hud.gov/offices/adm/grants/fundsavail.cfm.
    Local jurisdictions and counties with land use and building 
regulatory authority applying for funding, as well as housing 
authorities, nonprofit organizations, and other qualified applicants 
applying for funds for projects located in these jurisdictions, are 
invited to answer the 20 questions under Part A. An applicant that 
scores at least five in column 2 will receive 1 point in the NOFA 
evaluation. An applicant that scores 10 or more in column 2 will 
receive 2 points in the NOFA evaluation.
    State agencies or departments applying for funding, as well as 
housing authorities, nonprofit organizations, and other qualified 
applicants applying for funds for projects located in unincorporated 
areas or areas not otherwise covered in Part A, are invited to answer 
the 15 questions under Part B. Under Part B, an applicant that scores 
at least four in Column 2 will receive one point in the NOFA 
evaluation. Under Part B, an applicant that scores eight or greater 
will receive a total of two points in the respective evaluation.
    Applicants that will be providing services in multiple 
jurisdictions may choose to address the questions in either Part A or 
Part B for that jurisdiction in which the preponderance of services 
will be performed if an award is made. In no case will an applicant 
receive more than two points for barrier removal activities under this 
policy priority. An applicant that is an Indian tribe or TDHE may 
choose to complete either Part A or Part B based upon a determination 
by the tribe or TDHE as to whether the tribe's or the TDHE's 
association with the local jurisdiction or the state would be the more 
advantageous for its application.
    Form HUD-27300 is available at http://www.hudclips.org/sub/nonhud/cgi/pdfforms/27300.pdf. A limited number of questions on form HUD-27300 
expressly request the applicant to provide brief documentation with its 
response. Other questions require that, for each affirmative statement 
made, the applicant supply a reference, Internet address, or brief 
statement indicating where the back-up information may be found and a 
point of contact, including a telephone number or e-mail address. 
Applicants are encouraged to read HUD's three notices, which are 
available at http://www.hud.gov/affordablecommunities, to obtain an 
understanding of this policy priority and how it can affect their 
score. Applicants that do not provide the Internet addresses, 
references, or documentation will not get the policy priority points. 
Activities support strategic goals a and b.
    h. Participation in Energy Star. HUD has adopted a wide-ranging 
energy action plan for improving energy efficiency in all program 
areas. As a first step in implementing the energy plan, HUD, the 
Environmental Protection Agency (EPA), and the Department of Energy 
(DOE) have signed a partnership to promote energy efficiency in HUD's 
affordable housing programs, including

[[Page 3397]]

public housing, HUD-insured housing, and housing financed through HUD 
formula and competitive programs. The purpose of the Energy Star 
partnership is to promote energy-efficient affordable housing stock 
while protecting the environment. Applicants constructing, 
rehabilitating, or maintaining housing or community facilities are 
encouraged to promote energy efficiency in design and operations. They 
are urged especially to purchase and use products that display the 
Energy Star label. Applicants providing housing assistance or 
counseling services are encouraged to promote Energy Star materials and 
practices, as well as buildings constructed to Energy Star standards, 
to both homebuyers and renters.
    Applicants are encouraged to undertake program activities that 
include developing Energy Star promotional and information materials, 
providing outreach to low- and moderate-income renters and buyers on 
the benefits and savings when using Energy Star products and 
appliances, utilizing Energy Star-designated products in the 
construction or rehabilitation of housing units, and replacing worn 
products or facilities, such as light bulbs, water heaters, furnaces, 
etc., with Energy Star products to reduce operating costs. Communities 
and developers are encouraged to promote the designation of community 
buildings and homes as Energy Star compliant. For further information 
about Energy Star, see http://www.energystar.gov or call (888) 782-
7937, or (888) 588-9920 (TTY).
    Activities support strategic goals 1 and 2.
3. Threshold Compliance
    Only applications that meet all of the threshold requirements will 
be eligible to receive an award of funds from HUD.
4. Corrections to Deficient Applications
    After the application deadline date and time, HUD may not, 
consistent with its regulations in 24 CFR part 4, subpart B, consider 
any unsolicited information you, the applicant, may want to provide. 
HUD may contact you to clarify an item in your application or to 
correct technical deficiencies. HUD may not seek clarification of items 
or responses that improve the substantive quality of your response to 
any rating factors. In order not to unreasonably exclude applications 
from being rated and ranked, HUD may contact applicants to ensure 
proper completion of the application and will do so on a uniform basis 
for all applicants.
    Examples of curable (correctable) technical deficiencies include 
inconsistencies in the funding request, failure to submit the proper 
certifications, and failure to submit an application that contains a 
signature by an official able to make a legally binding commitment on 
behalf of the applicant. In the case of an applicant that received a 
waiver of the regulatory requirement to submit an electronic 
application, the technical deficiency may include failure to submit an 
application that contains an original signature. If HUD finds a curable 
deficiency in the application, HUD will notify you in writing by 
describing the clarification or technical deficiency. HUD will notify 
applicants by facsimile or via the U.S. Postal Service, return receipt 
requested. Clarifications or corrections of technical deficiencies in 
accordance with the information provided by HUD must be submitted 
within 14 calendar days of the date of receipt of the HUD notification. 
(If the deadline date falls on a Saturday, Sunday, or Federal holiday, 
your correction must be received by HUD on the next day that is not a 
Saturday, Sunday, or Federal holiday.) If the deficiency is not 
corrected within this time, HUD will reject the application as 
incomplete, and it will not be considered for funding. In order to meet 
statutory deadlines for the obligation of funds or for timely 
completion of the review process, program NOFAs may reduce the number 
of days for submitting a response to a HUD clarification or correction 
to a technical deficiency. Please be sure to carefully read each 
program NOFA for any additional information and instructions. An 
applicant's response to a HUD notification of a curable deficiency 
should be submitted directly to HUD in accordance with the instructions 
provided in the notification.
5. Rating Panels
    To review and rate applications, HUD may establish panels that may 
include persons not currently employed by HUD. HUD may include these 
non-HUD employees to obtain certain expertise and outside points of 
view, including views from other Federal agencies. Persons brought into 
HUD to review applications are subject to conflict of interest 
provisions. In addition, reviewers using HUD information technology 
(IT) systems may be subject to an IT security check.
6. Rating
    HUD will evaluate and rate all applications for funding that meet 
the threshold requirements. HUD will consider the factors described 
below when rating your application(s).
    a. Past Performance. In evaluating applications for funding, HUD 
will take into account applicants' past performance in managing funds, 
including, but not limited to, the ability to account for funds 
appropriately, timely use of funds received either from HUD or other 
Federal, State, or local programs; meeting performance targets as 
established in Logic Models approved as part of the grant agreement, 
timelines for completion of activities, and receipt of promised 
matching or leveraged funds; and number of persons to be served or 
targeted for assistance. HUD may consider information available from 
HUD's records, the name check review, public sources, such as 
newspapers, Inspector General or Government Accountability Office 
reports or findings, or hotline or other complaints that have been 
proven to have merit.
    b. Deducting Points for Poor Performance. In evaluating past 
performance, HUD may elect to deduct points from the rating score or 
establish threshold levels as specified under the Factors for Award in 
the individual program NOFAs.
7. Ranking
    HUD will rank applicants within each program or, for Continuum of 
Care applicants, across the three programs identified in the Continuum 
of Care NOFA. HUD will rank applicants only against those applying for 
the same program funding.
    Where there are set-asides within a program competition, you, the 
applicant, will compete against only those applicants in the same set-
aside competition.

C. Anticipated Announcement and Award Dates

    The individual program NOFAs will provide the applicable 
information regarding this subject.

VI. Award Administration Information

A. Award Notices

1. Negotiation
    After HUD has rated and ranked all applications and made 
selections, HUD may require, depending on the program, that a selected 
applicant participate in negotiations to determine the specific terms 
of the funding agreement and budget. In cases where HUD cannot 
successfully conclude negotiations with a selected applicant or a 
selected applicant fails to provide HUD with requested information, an 
award will not be made to that applicant. In such an instance, HUD may 
offer an award to

[[Page 3398]]

and proceed with negotiations with the next highest-ranking applicant.
2. Adjustments to Funding
    a. HUD reserves the right to fund less than the full amount 
requested in your application to ensure the fair distribution of funds 
and enable the purposes or requirements of a specific program to be 
met.
    b. HUD will not fund any portion of your application that is not 
eligible for funding under specific program statutory or regulatory 
requirements; does not meet the requirements of this notice; or is 
duplicative of other funded programs or activities from prior year 
awards or other selected applicants. Only the eligible portions of your 
application (excluding duplicative portions) may be funded.
    c. If funds remain after funding the highest-ranking applications, 
HUD may fund all or part of the next highest-ranking application in a 
given program. If you, the applicant, turn down an award offer, HUD 
will make an offer of funding to the next highest-ranking application.
    d. If funds remain after all selections have been made, remaining 
funds may be made available within the current fiscal year for other 
competitions within the program area or held over for future 
competitions.
    e. Individual program NOFAs may have other requirements, so please 
review the program NOFA carefully.
3. Funding Errors
    In the event HUD commits an error that, when corrected, would 
result in selection of an otherwise eligible applicant during the 
funding round of a program NOFA, HUD may select that applicant when 
sufficient funds become available.
4. Performance and Compliance Actions of Funding Recipients
    HUD will measure and address the performance and compliance actions 
of funding recipients in accordance with the applicable standards and 
sanctions of their respective programs.
5. Debriefing
    For a period of at least 120 days, beginning 30 days after the 
awards for assistance are publicly announced, HUD will provide to a 
requesting applicant a debriefing related to its application. A request 
for debriefing must be made in writing or by email by the authorized 
official whose signature appears on the SF-424 or his or her successor 
in office, and submitted to the person or organization identified as 
the contact under the section entitled ``Agency Contact(s)'' in the 
individual program NOFA under which you applied for assistance. 
Information provided during a debriefing will include, at a minimum, 
the final score you received for each rating factor, final evaluator 
comments for each rating factor, and the final assessment indicating 
the basis upon which assistance was provided or denied.

B. Administrative and National Policy Requirements

    See Section III.C. of this notice regarding related requirements.

C. Reporting

    In FY2004, HUD used the Logic Model as a planning tool, which was 
submitted as part of the NOFA application. In FY2005, HUD required 
performance reporting against the approved logic model incorporated 
into the grant agreement. In FY2006, HUD is moving to standardized 
``Master'' Logic Models from which applicants can select needs, 
activities/outputs, and outcomes appropriate to their programs. In 
addition, program offices have identified Program Management Evaluation 
Questions and a Return on Investment (ROI) Statement that grantees will 
be required to report on as specified in the program NOFA. The 
timeframe established for the Logic Model reporting will be in 
accordance with the program's established reporting periods and as 
stated in the program NOFA. The program NOFA will also establish the 
timeframe for reporting the Program Management Evaluation Questions and 
ROI Statement.
    The download instructions found on Grants.gov for each funding 
opportunity will include the Program Outcome Logic Model form HUD-
96010, which is a Microsoft ExcelTM workbook containing 
instructions in Tab 1 on how to use the form. The form or eLogic 
ModelTM incorporates a program-specific master list of 
statements of need, service or activity/output(s), and their associated 
unit(s) of measure; and outcome(s) and their associated unit(s) of 
measure. To begin completing the form, applicants will be required to 
click on a cell within a column, at which time a drop down button will 
appear to the right of the cell. Applicants can then select the 
appropriate statement(s) that reflect their proposed program. 
Applicants can select multiple need(s), services or activities/outputs, 
and outcomes, but each selection is entered in separate cells using the 
drop-down menu. The units of measure, whether for outputs or outcomes, 
contain both a number and a descriptor of the output or outcome that is 
counted. Applicants select the unit of measure in accordance with the 
output or outcome selected, and then insert the expected number of 
units to be completed during the period of performance. In this manner, 
the applicant will build a custom logic model reflecting their program 
of activities. The custom logic model will link the need(s) to the 
activity/output(s), which in turn are linked to the result or expected 
outcome(s).
    Applicants that do not have Microsoft ExcelTM may obtain 
a PDF version of the form along with a program specific Master Logic 
Model from HUD's Web site at http://www.hud.gov/offices/adm/grants/fundsavail.cfm. Each program-specific Master Logic Model will be under 
the program title on the Web site. Multiple forms can be used to 
distinguish between short, intermediate, and long-term outputs and 
outcomes in the applicant's proposed program. The PDF form can be 
completed, printed, and transmitted using the facsimile transmittal 
form (HUD-96011).
    1. In FY2006, grantees must adhere to the following reporting 
principles:
    a. An evaluation process will be part of the ongoing management of 
the HUD-funded award;
    b. Comparisons will be made between projected and actual numbers 
for outputs and outcomes;
    c. Deviations from projected outputs and outcomes will be 
documented and explained as part of required reporting; and
    d. Data will be analyzed to determine the relationship of outputs 
to outcomes to determine which outputs produce which outcomes and which 
are most effective.
    2. As stated above, in FY2006, HUD is requiring each program to 
establish a set of Program Management Evaluation Questions and a ROI 
Statement for grantee reporting. Grantees must use these program-
specific questions to self-evaluate the management and performance of 
their program and address the ROI Statement for the program in 
accordance with the program-specific reporting requirements. In 
developing the Master Logic Model Program Management Evaluation 
Questions, HUD trained its program managers on a critical thinking 
process known as the [scopy]Carter-Richmond methodology that identifies 
key management and evaluation questions for HUD's programs. The 
following table identifies the [scopy]Carter-Richmond generic questions 
and where the source data is found in the Logic Model.

[[Page 3399]]



  [scopy]Carter-Richmond Methodology \1\: Building Blocks for Effective
                               Management
------------------------------------------------------------------------
                                               Logic model columns for
           Management questions                      source data
------------------------------------------------------------------------
1. How many clients are you serving?        Service/Activity/Output.
2. How many units were provided?            Service/Activity/Output.
3. Who are you serving?                     Service/Activity/Output.
4. What services do you provide?            Service/Activity/Output.
5. What does it cost?                       Service/Activity/Output.
6. What does it cost per service            Service/Activity/Output/
 delivered?                                  Evaluation.
7. What happens to the ``subjects'' as a    Outcome.
 result of the service?\2\
8. What does it cost per outcome?            Outcome and Evaluation.
9. What is the value of the outcome?        Outcome and Evaluation.
10. What is the return on investment?       Evaluation.
------------------------------------------------------------------------
\1\ The Carter-Richmond methodology is copyrighted and is provided to
  support the development of your grant application. Any other use is
  prohibited without prior written permission of The Center for Applied
  Management Practices, Inc., 3609 Gettysburg Road, Camp Hill, PA 17011,
  (717) 730-3705, http://www.appliedmgt.com.
\2\ The subject can be a client or a unit, such as a building and is
  defined in its associated unit of service.

    As a result of this training, each program has developed specific 
Program Management Evaluation Questions tailored to the statutory 
purpose of each of their programs. Each program NOFA will require 
applicants to address the Program Management Evaluation Questions based 
upon the [scopy]Carter-Richmond methodology in their reports to HUD. 
The program NOFAs will identify the particular program management 
evaluation questions to be addressed that relate to the statutory 
purpose and intent of each program.
    Training on HUD's Logic Model, the reporting requirements for 
addressing the Program Management Evaluation Questions, and how to 
calculate a ROI Statement will be provided via satellite broadcast. The 
training will also provide examples of how to construct the Logic Model 
using the copy and paste method. Training materials and the dates for 
the training will be on HUD's Web site at http://www.hud.gov/offices/adm/grants/fundsavail.cfm, shortly after publication of the SuperNOFA. 
In addition, each program NOFA broadcast will address the specific ROI 
reporting requirements for the program during the broadcast.
    Applicants should submit the completed Logic Model as an attachment 
to their application in accordance with the directions in the program 
NOFA for addressing the factors for award. Each program NOFA will 
identify if they want the factors for award, including the Logic Model 
required as part of the application submission, submitted as a single 
attached file or as separate files. Please follow the program NOFA 
directions.
    Once selected for funding and awarded funds, grantees will be 
required to submit a completed form HUD-96010 Logic Model indicating 
results achieved against the proposed output(s) and proposed outcome(s) 
stated in the grantee's approved application and agreed to by HUD. The 
submission of the Logic Model and required ROI Statement calculation 
must be submitted to HUD in accord with the reporting periods 
identified in each program NOFA for providing reports to HUD.

VII. Agency Contact(s)

    The individual program NOFAs will identify the applicable agency 
contacts related to each program. Questions regarding this notice 
should be directed to the NOFA Information Center between the hours of 
10 a.m. and 6:30 p.m. eastern time at 800-HUD-8929. Hearing impaired 
persons may call 800-HUD-2209. Questions regarding specific program 
requirements should be directed to the agency contacts identified in 
each program NOFA.

VIII. Other Information

A. Grants.gov and P.L. 106-107 Streamlining Activities

    The Federal Financial Assistance Management Improvement Act of 1999 
(Public Law 106-107) directs each Federal agency to develop and 
implement a plan that, among other things, streamlines and simplifies 
the application, administrative, and reporting procedures for Federal 
financial assistance programs administered by the agency. This law also 
requires the Director of the Office of Management and Budget (OMB) to 
direct, coordinate, and assist Federal agencies in establishing (1) a 
common application and reporting system and (2) an interagency process 
for addressing ways to streamline and simplify Federal financial 
assistance application and administrative procedures and reporting 
requirements for program applicants.
    The first segment of the Grants.gov initiative focuses on allowing 
the public to easily FIND competitive funding opportunities and then 
APPLY via Grants.gov. HUD posted all of its funding opportunities on 
http://www.grants.gov/Find in FY2004, with the exception of the 
Continuum of Care, and intends to do the same in FY2006. In addition, 
Grants.gov is working with the Federal agencies to begin the process of 
accepting mandatory and formula grant program plans and application 
submissions online via Grants.gov in 2006. Applicants for HUD's formula 
and competitive programs are urged to become familiar with the 
Grants.gov site, registration procedures, and electronic submissions so 
that as the site is expanded, you will be registered and familiar with 
the find-and-apply functionality.

B. HUD-Internal Revenue Service (IRS) Memorandum of Agreement

    HUD and the IRS have entered into a memorandum of agreement to 
provide information to HUD grantees serving low-income, disabled, and 
elderly persons, as well as persons with limited English proficiency, 
on the availability of low-income housing tax credits, the earned 
income tax credit, individual development accounts, child tax credits, 
and the IRS Voluntary Income Tax Assistance program. HUD is making 
available on its Web site information on these IRS asset-building 
resources. HUD encourages you to visit the site and disseminate this 
information to low-income residents in your community and other 
organizations that serve low-income residents, so that eligible 
individuals can take advantage of these resources.

C. Paperwork Reduction Act Statement

    The information collection requirements in this notice have been 
approved by OMB under the Paperwork Reduction Act of 1995 (44 U.S.C. 
3501-3520). In accordance with the Paperwork Reduction Act, HUD may not 
conduct or sponsor, and a person is not required to respond to, a 
collection of information unless the collection displays a valid OMB 
control number. Each program NOFA will identify its applicable OMB 
control number.

D. Environmental Impact

    A Finding of No Significant Impact with respect to the environment 
has been made for this notice in accordance with HUD regulations at 24 
CFR part 50 that implement Section 102(2)(C) of the National 
Environmental Policy Act of 1969 (42 U.S.C. 4332(2)(C)). The Finding of 
No Significant Impact is available for public inspection between 8 a.m. 
and 5 p.m. eastern time, Monday

[[Page 3400]]

through Friday, except Federal holidays, in the Office of the General 
Counsel, Regulations Division, Department of Housing and Urban 
Development, 451 Seventh Street, SW., Room 10276, Washington, DC 20410-
0500.

E. Executive Orders and Recent Legislative Changes

1. Executive Order 13132, Federalism
    Executive Order 13132 prohibits, to the extent practicable and 
permitted by law, an agency from promulgating policies that have 
federalism implications and either impose substantial direct compliance 
costs on State and local governments and are not required by statute, 
or preempt State law, unless the relevant requirements of Section 6 of 
the executive order are met. This notice does not have federalism 
implications and does not impose substantial direct compliance costs on 
State and local governments or preempt State law within the meaning of 
the executive order.
2. American-made Products
    Sections 708 and 709 of the Transportation, Treasury, Housing and 
Urban Development, the Judiciary, and Independent Agencies 
Appropriations Act, 2006 (Pub. L. 109-115; approved Nov. 30, 2005) 
states that, to the greatest extent practicable, all equipment and 
products purchased with funds made available in FY2006 should be 
American-made.
3. Eminent Domain
    Section 726 of the Transportation, Treasury, Housing and Urban 
Development, the Judiciary, and Independent Agencies Appropriations 
Act, 2006 (Pub. L. 109-115; approved Nov. 30, 2005) states that no 
funds made available under the Act may be used to support any Federal, 
State, or local projects that seek to use the power of eminent domain, 
unless eminent domain is employed only for a public use.
    For purposes of this provision, public use shall not be construed 
to include economic development that primarily benefits private 
entities.
    Further, any use of funds for mass transit, railroad, airport, 
seaport or highway projects as well as utility projects which benefit 
or serve the general public (including energy-related, communication-
related, water-related and wastewater-related infrastructure), other 
structures designated for use by the general public or which have other 
common-carrier or public-utility functions that serve the general 
public and are subject to regulation and oversight by the government, 
and projects for the removal of an immediate threat to public health 
and safety or brownsfield as defined in the Small Business Liability 
Relief and Brownsfield Revitalization Act (Pub. L. 107-118) shall be 
considered a public use for purposes of eminent domain.

F. Public Access, Documentation, and Disclosure

    Section 102 of the Department of Housing and Urban Development 
Reform Act of 1989 (HUD Reform Act) (42 U.S.C. 3545) and the 
regulations codified at 24 CFR part 4, subpart A, contain a number of 
provisions that are designed to ensure greater accountability and 
integrity in the provision of certain types of assistance administered 
by HUD. On January 14, 1992, HUD published a notice that also provides 
information on the implementation of Section 102 (57 FR 1942). The 
documentation, public access, and disclosure requirements of Section 
102 apply to assistance awarded under individual NOFAs published as 
part of HUD's SuperNOFA or thereafter, as described below.
1. Documentation, Public Access, and Disclosure Requirements
    HUD will ensure that documentation and other information regarding 
each application submitted pursuant to its FY2006 NOFAs published in 
the 2006 SuperNOFA or NOFAs published thereafter are sufficient to 
indicate the basis upon which assistance was provided or denied. This 
material, including any letters of support, will be made available for 
public inspection for a 5-year period beginning not less than 30 days 
after the award of the assistance. Material will be made available in 
accordance with the Freedom of Information Act (5 U.S.C. 552) and HUD's 
implementing regulations (24 CFR part 15).
2. Form HUD-2880
    HUD will also make available to the public for 5 years all 
applicant disclosure reports (form HUD-2880) submitted in connection 
with an FY2006 NOFA. Update reports (also reported on form HUD-2880) 
will be made available along with the applicant disclosure reports, but 
in no case for a period of less than 3 years. All reports, both 
applicant disclosures and updates, will be made available in accordance 
with the Freedom of Information Act (5 U.S.C. 552) and HUD's 
implementing regulations (24 CFR part 5).
BILLING CODE 4210-32-P
3. Publication of Recipients of HUD Funding
    HUD's regulations at 24 CFR part 4 provide that HUD will publish a 
notice in the Federal Register to notify the public of all funding 
decisions made by the Department to provide:
    a. Assistance subject to Section 102(a) of the HUD Reform Act; and
    b. Assistance provided through grants or cooperative agreements on 
a discretionary (non-formula, non-demand) noncompetitive basis, but 
that is not provided based on a competition.

G. Section 103 of the HUD Reform Act

    HUD's regulations implementing Section 103 of the HUD Reform Act, 
codified at 24 CFR part 4, subpart B, apply to this funding 
competition. The regulations continue to apply until the announcement 
of the selection of successful applicants. HUD employees involved in 
the review of applications and in the making of funding decisions are 
prohibited by the regulations from providing advance information to any 
person (other than an authorized employee of HUD) concerning funding 
decisions or from otherwise giving any applicant an unfair competitive 
advantage. Persons who apply for assistance should confine their 
inquiries to the subject areas permitted under 24 CFR part 4.
    Applicants or employees who have ethics-related questions should 
contact the HUD Ethics Law Division at (202) 708-3815 (this is not a 
toll-free number). The toll-free TTY number for persons with speech or 
hearing impairments is (800) 877-8339. HUD employees who have specific 
program questions should contact the appropriate field office counsel 
or Headquarters counsel for the program to which the question pertains.

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[FR Doc. 06-531 Filed 1-19-06; 8:45 am]
BILLING CODE 4210-32-C