[Federal Register Volume 73, Number 49 (Wednesday, March 12, 2008)]
[Notices]
[Pages 13190-13194]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-4956]


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 Notices
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 This section of the FEDERAL REGISTER contains documents other than rules 
 or proposed rules that are applicable to the public. Notices of hearings 
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  Federal Register / Vol. 73, No. 49 / Wednesday, March 12, 2008 / 
Notices  

[[Page 13190]]



DEPARTMENT OF AGRICULTURE


Notice of Funding Availability (NOFA) for Section 514 Farm Labor 
Housing Loans and Section 516 Farm Labor Housing Grants for Off-Farm 
Housing for Fiscal Year 2008

AGENCY: Rural Housing Service, USDA.

ACTION: Notice.

-----------------------------------------------------------------------

    Announcement Type: Initial NOFA inviting pre-applications from 
qualified applicants for Fiscal Year 2008.
    Catalog of Federal Domestic Assistance Numbers (CFDA): 10.405 and 
10.427.
SUMMARY: This NOFA announces the timeframe to submit pre-applications 
for section 514 Farm Labor Housing (FLH) loans and section 516 FLH 
grants for the construction of new off-farm FLH units and related 
facilities for domestic farm laborers. The intended purpose of these 
loans and grants is to increase the number of available housing units 
for domestic farm laborers. Applications may also include requests for 
section 521 rental assistance (RA) and operating assistance for migrant 
units. This document describes the method used to distribute funds, the 
application process, and submission requirements.

DATES: The deadline for receipt of all applications in response to this 
NOFA is 5 p.m., local time for each Rural Development State Office on 
May 12, 2008. The application closing deadline is firm as to date and 
hour. The Agency will not consider any application that is received 
after the closing deadline. Applicants intending to mail applications 
must provide sufficient time to permit delivery on or before the 
closing deadline. Acceptance by a post office or private mailer does 
not constitute delivery. Facsimile (FAX), COD, and postage due 
applications will not be accepted.

Submission Address

FOR FURTHER INFORMATION CONTACT: Henry Searcy, Senior Loan Specialist, 
Multi-Family Housing Processing Division, STOP 0781 (Room 1263-S), USDA 
Rural Development, 1400 Independence Ave., SW., Washington, DC 20250-
0781, telephone: (202) 720-1753 (This is not a toll free number.), or 
e-mail: [email protected].
    Applicants wishing to apply for assistance must contact the Rural 
Development State Office serving the place in which they desire to 
submit an application for off-farm labor housing to receive further 
information and copies of the application package. Rural Development 
will date and time stamp incoming applications to evidence timely 
receipt, and, upon request, will provide the applicant with a written 
acknowledgment of receipt. A listing of Rural Development State 
Offices, their addresses, telephone numbers, and person to contact 
follows:

    Note: Telephone numbers listed are not toll-free.

Alabama State Office
    Suite 601, Sterling Center 4121 Carmichael Road, Montgomery, AL 
36106-3683, (334) 279-3455 TDD (334) 279-3618, Van McCloud.
Alaska State Office
    800 West Evergreen, Suite 201, Palmer, AK 99645, (907) 761-7740 
TDD (907) 761-8905, Debbie Andrys.
Arizona State Office
    Phoenix Courthouse and Federal Building, 230 North First Ave., 
Suite 206, Phoenix, AZ 85003-1706, (602) 280-8768 TDD (602) 280-
8770, Carol Torres.
Arkansas State Office
    700 W. Capitol Ave., Rm. 3416, Little Rock, AR 72201-3225, (501) 
301-3250 TDD (501) 301-3063, Clinton King.
California State Office
    430 G Street, 4169, Davis, CA 95616-4169, (530) 792-
5830 TDD (530) 792-5848, Stephen Nnodim.
Colorado State Office
    655 Parfet Street, Room El00, Lakewood, CO 80215, (720) 544-2923 
TDD (800) 659-2656, Mary Summerfield.
Connecticut
    Served by Massachusetts State Office.
Delaware State Office
    1221 College Park Drive, Suite 200, Dover, DE 19904, (302) 857-
3615 TDD (302) 857-3585, Pat Baker.
Florida & Virgin Islands State Office
    4440 N.W. 25th Place, Gainesville, FL 32606-6563, (352) 338-3465 
TDD (352) 338-3499, Elizabeth M. Whitaker.
Georgia State Office
    Stephens Federal Building, 355 E. Hancock Avenue, Athens, GA 
30601-2768, (706) 546-2164 TDD (706) 546-2034, Wayne Rogers.
Hawaii State Office
    (Services all Hawaii, American Samoa, Guam and Western Pacific).
    Room 311, Federal Building, 154 Waianuenue Avenue, Hilo, HI 
96720, (808) 933-8305 TDD (808) 933-8321, Thao Khamoui.
Idaho State Office
    Suite A1, 9173 West Barnes Dr., Boise, ID 83709, (208) 378-5630 
TDD (208) 378-5644, Miriam Haylett.
Illinois State Office
    2118 W. Park Court, Suite A, Champaign, IL 61821-2986, (217) 
403-6222 TDD (217) 403-6240, Barry L. Ramsey.
Indiana State Office
    5975 Lakeside Boulevard, Indianapolis, IN 46278, (317) 290-3100 
(ext. 423) TDD (317) 290-3343, Stephen Dye.
Iowa State Office
    210 Walnut Street, Room 873, Des Moines, IA 50309, (515) 284-
4685 TDD (515) 284-4858, Julie Sleeper.
Kansas State Office
    1303 SW First American Place, Suite 100, Topeka, KS 66604-4040, 
(785) 271-2721 TDD (785) 271-2767, Virginia M. Hammersmith.
Kentucky State Office
    771 Corporate Drive, Suite 200, Lexington, KY 40503, (859) 224-
7325 TDD (859) 224-7422, Paul Higgins.
Louisiana State Office
    3727 Government Street, Alexandria, LA 71302, (318) 473-7962 TDD 
(318) 473-7655, Yvonne R. Emerson.
Maine State Office
    967 Illinois Ave., Suite 4, PO Box 405, Bangor, ME 04402-0405, 
(207) 990-9110 TDD (207) 942-7331, Bob Nadeau.
Maryland
    Served by Delaware State Office.
Massachusetts State Office
    451 West Street, Amherst, MA 01002, (413) 253-4315 TDD (413) 
253-4590, Paul Geoffroy.
Michigan State Office
    3001 Coolidge Road, Suite 200, East Lansing, MI 48823, (517) 
324-5192 TDD (517) 337-6795, Ghulam R. Sumbal.
Minnesota State Office
    375 Jackson Street Building, Suite 410, St. Paul, MN 55101, 
(651) 602-7820 TDD (651) 602-7826, Rodney Jackson.
Mississippi State Office
    Federal Building, Suite 831, 100 W. Capitol Street, Jackson, MS 
39269, (601) 965-4325 TDD (601) 965-5850, Darnella Smith-Murray.
Missouri State Office
    601 Business Loop 70 West, Parkade Center, Suite 235, Columbia, 
MO 65203, (573) 876-9305 TDD (573) 876-9480, Colleen James.
Montana State Office

[[Page 13191]]

    900 Technology Blvd., Suite B, Bozeman, MT 59715, (406) 585-2565 
TDD (406) 585-2562, Deborah Chorlton.
Nebraska State Office
    Federal Building, Room 152, 100 Centennial Mall N, Lincoln, NE 
68508, (402) 437-5734 TDD (402) 437-5093, Linda Anders.
Nevada State Office
    1390 South Curry Street, Carson City, NV 89703-9910, (775) 887-
1222 (ext. 25) TDD (775) 885-0633, Angilla Denton.
New Hampshire State Office
    Concord Center, Suite 218, Box 317, 10 Ferry Street, Concord, NH 
03301-5004, (603) 223-6050 TDD (603) 229-0536, Robert McCarthy.
New Jersey State Office
    5th Floor North, Suite 500, 8000 Midlantic Dr., Mt. Laurel, NJ 
08054, (856) 787-7740 TDD (856) 787-7784, George Hyatt, Jr.
New Mexico State Office
    6200 Jefferson St., NE, Room 255, Albuquerque, NM 87109, (505) 
761-4944 TDD (505) 761-4938, Carmen N. Lopez.
New York State Office
    The Galleries of Syracuse, 441 S. Salina Street, Suite 357, 
Syracuse, NY 13202, (315) 477-6419 TDD (315) 477-6447, George N. Von 
Pless.
North Carolina State Office
    4405 Bland Road, Suite 2120, Raleigh, NC 27120, (919) 873-2066 
TDD (919) 873-2003, Beverly Casey.
North Dakota State Office
    Federal Building, Room 208, 220 East Rosser, P.O. Box 1737, 
Bismarck, ND 58502, (701) 530-2049 TDD (701) 530-2113, Kathy Lake.
Ohio State Office
    Federal Building, Room 507, 200 North High Street, Columbus, OH 
43215-2477, (614) 255-2418 TDD (614) 255-2554, Melodie Taylor-Ward.
Oklahoma State Office
    100 USDA, Suite 108, Stillwater, OK 74074-2654, (405) 742-1070 
TDD (405) 742-1007, Ivan Graves.
Oregon State Office
    101 SW Main, Suite 1410, Portland, OR 97204-3222, (503) 414-3325 
TDD (503) 414-3387, Sherryl Gleason.
Pennsylvania State Office
    One Credit Union Place, Suite 330, Harrisburg, PA 17110-2996, 
(717) 237-2282 TDD (717) 237-2261, Martha E. Hanson.
Puerto Rico State Office
    IBM Building, 654 Munoz Rivera Ave., Suite 601, San Juan, PR 
00918, (787) 766-5095 (ext. 254) TDD 1-800-274-1572, Lourdes Colon.
Rhode Island
    Served by Massachusetts State Office.
South Carolina State Office
    Strom Thurmond Federal Building, 1835 Assembly Street, Room 
1007, Columbia, SC 29201, (803) 253-3432 TDD (803) 765-5697, Larry 
D. Floyd.
South Dakota State Office
    Federal Building, Room 210, 200 Fourth Street, SW, Huron, SD 
57350, (605) 352-1132 TDD (605) 352-1147, Roger Hazuka or Pam 
Reilly.
Tennessee State Office
    3322 West End Avenue, Suite 300, Nashville, TN 37203-1084, (615) 
783-1375 TDD (615) 783-1397, Donald Harris.
Texas State Office
    101 South Main St., Suite 102, Temple, TX 76501, (254) 742-9758 
TDD (254) 742-9712, Julie Hayes.
Utah State Office
    Wallace F. Bennett Federal Building, 125 S. State Street, Room 
4311, Salt Lake City, UT 84138, (801) 524-4325 TDD (801) 524-3309, 
Janice Kocher.
Vermont State Office
    City Center, 3rd Floor, 89 Main Street, Montpelier, VT 05602, 
(802) 828-6021 TDD (802) 223-6365, Heidi Setien.
Virgin Islands
    Served by Florida State Office.
Virginia State Office
    Culpeper Building, Suite 238, 1606 Santa Rosa Road, Richmond, VA 
23229, (804) 287-1596 TDD (804) 287-1753, CJ Michels.
Washington State Office
    1835 Black Lake Blvd., Suite B, Olympia, WA 98512, (360) 704-
7730 TDD (360) 704-7760, Robert Lund.
Western Pacific Territories
    Served by Hawaii State Office.
West Virginia State Office
    75 High Street, Room 320, Morgantown, WV 26505-7500, (304) 284-
4872 TDD (304) 284-4836, David Cain.
Wisconsin State Office
    4949 Kirschling Court, Stevens Point, WI 54481, (715) 345-7608 
(ext. 7145) TDD (715) 345-7614, Peter Kohnen.
Wyoming State Office
    P.O. Box 11005, Casper, WY 82602-6733, (307) 233-6715 TDD (307) 
233-6733, Jack Hyde.

SUPPLEMENTARY INFORMATION:

Paperwork Reduction Act

    The reporting requirements contained in this NOFA have been 
approved by the Office of Management and Budget under Control Number 
0575-0045.

Overview

    The FLH program is authorized by the Housing Act of 1949 as 
amended: section 514 (42 U.S.C. 1484) for loans and section 516 (42 
U.S.C. 1486) for grants. Tenant subsidies (RA) are available through 
section 521 (42 U.S.C. 1490a). Sections 514 and 516 provide Rural 
Development the authority to make loans and grants for financing off-
farm housing to broad-based nonprofit organizations, nonprofit 
organizations of farmworkers, federally recognized Indian tribes and 
agencies or political subdivisions of State or local government. In 
addition, loans may be made to limited partnerships in which the 
general partner is a nonprofit entity.

Program Administration

I. Funding Opportunities Description

    Housing that is constructed with FLH loans and grants must meet the 
Agency design and construction standards contained in 7 CFR part 1924, 
subparts A and C. Once constructed, off-farm FLH must be managed in 
accordance with the program's management regulation, 7 CFR part 3560. 
Tenant eligibility is limited to persons who meet the definition of a 
``domestic farm laborer'', a ``retired domestic farm laborer,'' or a 
``disabled domestic farm laborer,'' as these terms are defined in 7 CFR 
3560.11. Farmworkers who are admitted to this country on a temporary 
basis under the Temporary Agricultural Workers (H-2A Visa) program are 
not eligible to occupy section 514/516 off-farm FLH.
    In addition, off-farm FLH must be operated on a non-profit basis 
and tenancy must be open to all qualified domestic farm laborers, 
regardless of which farm they work.
    Operating assistance may be used in lieu of tenant-specific rental 
assistance in off-farm labor housing projects that serve migrant 
farmworkers, are financed under section 514 or section 516(i) of the 
Housing Act of 1949 (U.S.C. 1486(i)), and otherwise meet the 
requirements of 7 CFR 3560.574. ``Migrants or migrant agricultural 
laborer'' is defined in 7 CFR 3560.11. Owners of eligible projects may 
choose tenant-specific RA or operating assistance, or a combination of 
both; however, any tenant or unit assisted with operating assistance 
may not also receive RA.

II. Award Information

    Applications for Fiscal Year (FY) 2008 will only be accepted 
through the date and time listed in this NOFA. Because USDA Rural 
Development has the ability to adjust loan and grant levels, final loan 
and grant levels will fluctuate, and are subject to the availability of 
funding. The estimated funds available for FY 2008 for off-farm housing 
are: section 514, $19,158,807 and section 516, $7,447,500.
    Individual requests may not exceed $3 million (total loan and 
grant). At this time there is no available new construction Rental 
Assistance available, however if there is Rental Assistance available 
an announcement will be made when the funding level is announced. 
Section 516 off-farm FLH grants may not exceed 90 percent of the total 
development cost of the housing. Applications that require leveraged 
funding must have firm commitments in place for all of the leveraged 
funding within 1 year of the issuance of a ``Notice of Pre-application 
Review Action,'' Form AD-622. In order to be eligible for leveraged 
funding selection points, the commitment for the initial

[[Page 13192]]

preapplication. If leverage funds are in the form of tax credits, the 
applicant must document a history of receiving tax credits.

III. Eligibility Information

Applicant Eligibility

    (1) To be eligible to receive a section 516 grant for off-farm FLH, 
the applicant must be a broad-based nonprofit organization, a broad-
based organization, a nonprofit organization of farm workers, a 
federally recognized Indian tribe, an agency or political subdivision 
of a State or local government, or a public agency (such as a housing 
authority).
    (2) To be eligible to receive a section 514 loan for off-farm FLH, 
the applicant must be a broad-based nonprofit organization, faith-based 
organization, a nonprofit organization of farm workers, a federally 
recognized Indian tribe, an agency or political subdivision of a State 
or local government, a public agency (such as a housing authority), or 
a limited partnership which has a nonprofit entity as its general 
partner, and
    (a) Be unable to provide the necessary housing from its own 
resources; and
    (b) Except for State or local public agencies and Indian tribes, be 
unable to obtain similar credit elsewhere at rates that would allow for 
rents within the payment ability of eligible residents.
    (3) Broad-based nonprofit organizations must have a membership that 
reflects a variety of interests in the area where the housing will be 
located.

Cost Sharing or Matching

    Section 516 grants for off-farm FLH may not exceed the lesser of 90 
percent of the total development cost or the amount provided in 7 CFR 
3560.562(c)(2).

Other Administrative Requirements

    The following policies and regulations apply to loans and grants 
made in response to this NOFA:
    (1) The policies and regulations contained in 7 CFR part 1901, 
subpart E regarding equal opportunity requirements;
    (2) The requirements of 7 CFR part 3015 and 7 CFR part 3016 or 7 
CFR part 3019 (as applicable), which establish the uniform 
administrative requirements for grants and cooperative agreements to 
State and local governments and to nonprofit organizations;
    (3) The policies and regulations contained in 7 CFR part 1901, 
subpart F regarding historical and archaeological properties;
    (4) The policies and regulations contained in 7 CFR part 1940, 
subpart G regarding environmental assessments;
    (5) The policies and regulations contained in 7 CFR part 3560, 
subpart L regarding the loan and grant authorities of the off-farm FLH 
program;
    (6) The policies and regulations contained in 7 CFR part 1924, 
subpart A regarding planning and construction;
    (7) The policies and regulations contained in 7 CFR part 1924, 
subpart C regarding the planning and performing of site development 
work; and
    (8) All other policies and regulations contained in 7 CFR part 3560 
regarding the section 514/516 off-farm FLH program.

IV. Application and Submission Information

    The application process will be in two phases: The initial pre-
application (or proposal) and the submission of a formal application. 
Only those proposals that are selected for funding will be invited to 
submit formal applications. In the event that a proposal is selected 
for further processing and the applicant declines, the next highest 
ranked unfunded pre-application may be selected.
    All pre-applications for sections 514 and 516 funds must be filed 
with the appropriate Rural Development State Office and must meet the 
requirements of this NOFA. Incomplete pre-applications will not be 
reviewed and will be returned to the applicant. No pre-application will 
be accepted after 5 p.m., local time for each Rural Development State 
Office on May 12, 2008 unless date and time is extended by another NOFA 
published in the Federal Register.
    If a pre-application is accepted for further processing, the 
applicant must submit a complete, formal application, acceptable to the 
agency prior to the obligation of Agency funds.

Pre-application Requirements

    The pre-application must contain the following:
    (1) A summary page listing the following items. This information 
should be double-spaced between items and not be in narrative form.
    (a) Applicant's name.
    (b) Applicant's Taxpayer Identification Number.
    (c) Applicant's address.
    (d) Applicant's telephone number.
    (e) Name of applicant's contact person, telephone number, and 
address.
    (f) Amount of loan and grant requested.
    (g) For grants, the applicant's Dun and Bradstreet Data Universal 
Numbering System (DUNS) number. As required by the Office of Management 
and Budget (OMB), all grant applicants must provide a DUNS number when 
applying for Federal grants, on or after October 1, 2003. Organizations 
can receive a DUNS number at no cost by calling the dedicated toll-free 
DUNS Number request line at 1-866-705-5711. Additional information 
concerning this requirement is provided in a policy directive issued by 
OMB and published in the Federal Register on June 27, 2003 (68 FR 
38402-38405).
    (2) A narrative addressing the applicant's ability to meet the 
eligibility requirements stated in this NOFA.
    (3) Application for Federal Assistance (Standard Form 424) which 
can be found at grants.gov.
    (4) A current, dated, and signed financial statement showing assets 
and liabilities with information on the repayment schedule and status 
of all debts.
    (5) Evidence that the applicant is unable to obtain credit from 
other sources. Letters from credit institutions who normally provide 
real estate loans in the area should be obtained and these letters 
should indicate the rates and terms upon which a loan might be 
provided. (Note: Not required from State or local public agencies or 
Indian tribes.)
    (6) A statement concerning the need for a labor housing grant. The 
statement should include preliminary estimates of the rents required 
with and without a grant.
    (7) A statement of the applicant's experience in operating labor 
housing or other rental housing. If the applicant's experience is 
limited, additional information should be provided to indicate how the 
applicant plans to compensate for this limited experience (i.e., 
obtaining assistance and advice of a management firm, non-profit group, 
public agency, or other organization which is experienced in rental 
management and will be available on a continuous basis).
    (8) A brief statement explaining the applicant's proposed method of 
operation and management (i.e., on-site manager, contracting for 
management services, etc.). As stated in this NOFA:
    (a) The housing must be managed in accordance with the program's 
management regulation, 7 CFR part 3560, and
    (b) Tenancy is limited to ``domestic farm laborers,'' ``retired 
domestic farm laborers,'' and ``disabled domestic farm laborers'' as 
defined in this NOFA.
    (9) Applicants must provide:
    (a) A copy of, or an accurate citation to, the special provisions 
of State law

[[Page 13193]]

under which they are organized, a copy of the applicant's charter, 
their Articles of Incorporation, and their By-laws;
    (b) The names, occupations, and addresses of the applicant's 
members, directors, and officers; and
    (c) If a member or subsidiary of another organization, the 
organization's name, address, and nature of business.
    (10) A preliminary survey to identify the supply and demand for 
labor housing in the market area. The market area must be clearly 
identified and may include only the area from which tenants can 
reasonably be drawn for the proposed project.
    Documentation must be provided to justify a need within the 
intended market area for housing for ``domestic farm laborers'', as 
defined in this NOFA. The preliminary survey should address or include 
the following items:
    (a) The annual income level of farmworker families in the area and 
the probable income of the farm workers who are apt to occupy the 
proposed housing;
    (b) A realistic estimate of the number of farm workers who are 
home-based in the area and the number of farm workers who normally 
migrate into the area. Information on migratory workers should indicate 
the average number of months the migrants reside in the area and an 
indication of what type of family groups are represented by the 
migrants (i.e., single individuals as opposed to families);
    (c) General information concerning the type of labor intensive 
crops grown in the area and prospects for continued demand for farm 
laborers (i.e., prospects for mechanization, etc.);
    (d) The overall occupancy rate for comparable rental units in the 
area and the rents charged and customary rental practices for these 
units (i.e., will they rent to large families, do they require annual 
leases, etc.);
    (e) The number, condition, adequacy, rental rates and ownership of 
units currently used or available to farm workers;
    (f) A description of the units proposed, including the number, 
type, size, rental rates, amenities such as carpets and drapes, related 
facilities such as a laundry room or community room and other 
facilities providing supportive services in connection with the housing 
and the needs of the prospective tenants such as a health clinic or day 
care facility, estimated development timeline, estimated total 
development cost, and applicant contribution; and
    (g) The applicant must also identify all other sources of funds, 
including the dollar amount, source, and commitment status. (Note: A 
section 516 grant may not exceed 90 percent of the total development 
cost of the housing.)
    (11) A completed Form RD 1940-20, ``Request for Environmental 
Information,'' and a description of anticipated environmental issues or 
concerns. The form can be found at http://www.rurdev.usda.gov/regs/forms/1940-20.pdf.
    (12) A prepared HUD 935.2A, ``Affirmative Fair Housing Marketing 
Plan.'' The plan will reflect that occupancy is open to all qualified 
``domestic farm laborers,'' regardless of which farming operation they 
work and that they will not discriminate on the basis of race, color, 
sex, age, disability, marital or familial status or National origin in 
regard to the occupancy or use of the units. The form can be found at 
http://www.hud.gov/offices/admm/hudclips/form/files/935a.pdf.
    (13) Evidence of site control such as an option or sales contract. 
In addition, a map and description of the proposed site, including the 
availability of water, sewer, and utilities and the proximity to 
community facilities and services such as shopping, schools, 
transportation, doctors, dentists, and hospitals.
    (14) Preliminary plans and specifications, including plot plans, 
building layouts, and type of construction and materials. The housing 
must meet the Agency's design and construction standards contained in 7 
CFR part 1924, subparts A and C and must also meet all applicable 
Federal, State, and local accessibility standards.
    (15) A Supportive Services Plan describing services that will be 
provided on-site or made available to tenants through cooperative 
agreements with service providers in the community, such as a health 
clinic or day care facility. Off-site services must be accessible and 
affordable to farm workers and their families. Letters of intent from 
service providers are acceptable documentation at the pre-application 
stage.
    (16) A proposed operating budget utilizing Form RD 3560-7, 
``Multiple Family Housing Project Budget/Utility Allowance.'' The form 
can be found at www.rurdev.usda.gov/regs/forms/3560-07.pdf.
    (17) An estimate of development cost utilizing Form RD 1924-13, 
``Estimate and Certificate of Actual Cost.'' The form can be found at 
http://www.rurdev.usda.gov/regs/forms/1924-13.pdf.
    (18) Form RD 3560-30, ``Certification of No Identity of Interest 
(IOI)'' and Form RD 3560-31, ``Identity of Interest Disclosure/
Qualification Certification.'' The form can be found at http://www.rurdev.usda.gov/regs/form/stoc.html.
    (19) Form HUD 2530, ``Previous Participation Certification.'' The 
form can be found at http://www.hud.gov/offices/adm/hudclips/forms/files/2530.pdf.
    (20) If requesting RA or Operating Assistance, Form RD 3560-25, 
``Initial Request for Rental Assistance or Operating Assistance.'' The 
form can be found at http://www.rurdev.usda.gov/regs/forms/3560-25.pdf.
    (21) A Sources and Uses Statement showing all sources of funding 
included in the proposed project. The terms and schedules of all 
sources included in the project should be included in the Sources and 
Uses Statement.
    (22) A separate one-page information sheet listing each of the 
``Application Scoring Criteria'' contained in this NOFA, followed by 
the page numbers of all relevant material and documentation that is 
contained in the proposal that supports the criteria.
    (23) Applicants are encouraged, but not required, to include a 
checklist of all of the application requirements and to have their 
application indexed and tabbed to facilitate the review process;
    (24) Form, RD 400-4,''Assurance Agreement''.

V. Application Review Information

    All applications for sections 514 and 516 funds must be filed with 
the appropriate Rural Development State Office and must meet the 
requirements of this NOFA. The Rural Development State Office will base 
its determination of completeness of the application and the 
eligibility of each applicant on the information provided in the 
application.

Selection Criteria

    Section 514 loan funds and section 516 grant funds will be 
distributed to States based on a national competition, as follows:
    (1) Rural Development States will accept, review, and score 
requests in accordance with the NOFA. The scoring factors are:
    (a) The presence and extent of leveraged assistance, including 
donated land, for the units that will serve program-eligible tenants, 
calculated as a percentage of the Rural Development total development 
cost (TDC). Rural Development TDC excludes non-Rural Development 
eligible costs such as a developer's fee. Leveraged assistance 
includes, but is not limited to, funds for hard construction costs, 
section 8 or other non-rural development tenant subsidies, and state or 
federal funds. A minimum of ten percent leveraged assistance is 
required to earn points;

[[Page 13194]]

however, if the total percentage of leveraged assistance is less than 
ten percent and the proposal includes donated land, two points will be 
awarded for the donated land. To count as leveraged funds for purposes 
of the selection criteria, a commitment of funds must be provided with 
the pre-application. Points will be awarded in accordance with the 
following table.

                            Percentage Points
------------------------------------------------------------------------
 
------------------------------------------------------------------------
75 or more.....................................................       20
60-74..........................................................       18
50-59..........................................................       16
40-49..........................................................       12
30-39..........................................................       10
20-29..........................................................        8
10-19..........................................................        5
0-9............................................................        0
------------------------------------------------------------------------

    Donated land in proposals with less than ten percent total 
leveraged assistance: 2 points.
    (b) Percent of units for seasonal, temporary, migrant housing. (5 
points for up to and including 50 percent of the units; 10 points for 
51 percent or more.)
    (c) The selection criteria includes one optional criteria set by 
the National Office. The National Office initiative will be used in the 
selection criteria as follows: Up to 10 points will be awarded based on 
the presence of and extent to which a tenant services plan exists that 
clearly outlines services that will be provided to the residents of the 
proposed project. These services may include, but are not limited to, 
transportation related services, on-site English as a Second Language 
(ESL) classes, move-in funds, emergency assistance funds, homeownership 
counseling, food pantries, after school tutoring, and computer learning 
centers. Two points will be awarded for each resident service included 
in the tenant services plan up to a maximum of 10 points. Plans must 
detail how the services are to be administered, who will administer 
them, and where they will be administered. All tenant service plans 
must include letters of intent that clearly state the service that will 
be provided at the project for the benefit of the residents from any 
party administering each service, including the applicant. (0 to 10 
points)
    (d) In an effort to implement USDA's nationwide initiative to 
promote renewable energy and energy conservation, Rural Development has 
adopted incentives for energy generation and energy conservation. 
Participation in these nationwide initiatives is voluntary, but is 
strongly encouraged. Participation in the energy generation and energy 
conservation will be awarded with 5 points each.
    Energy Generation. Applicants will be awarded points if the 
proposal includes the installation of energy generation systems to be 
funded by a third party. The proposal must include an overview of the 
energy generation system being proposed. Evidence that an energy 
generation system has been funded by a third party and that it has a 
quantifiable positive impact on energy consumption will be required. (5 
points)
    Energy Conservation. Applicants will be awarded points to construct 
(or substantially rehabilitate) housing that earns the ENERGY STAR 
label for new residential construction. Units earning the ENERGY STAR 
label must be independently verified to meet guidelines for energy 
efficiency as set by the U.S. Environmental Protection Agency. All 
procedures used in verifying a unit for the ENERGY STAR label must 
comply with National Home Energy Ratings System (HERS) guidelines. 
ENERGY STAR guidelines for residential construction apply to homes that 
are three stories or less and single or low-rise multi-family 
residential buildings.
    The Applicant will include in the narrative an explanation of how 
they plan to incorporate ENERGY STAR. Construction plans pertaining to 
energy efficiency must be developed with, reviewed, and accepted by a 
HERS certified rater, the contractor, and the owner. Progress 
inspections must be made at appropriate times by a HERS certified rater 
to ensure that the housing is being constructed or rehabilitated 
according to ENERGY STAR specifications. In order to receive final 
payment, applicants will be required to submit the appropriate rating 
reports from the HERS rater to Rural Development as evidence that the 
housing has been constructed to meet the standards of ENERGY STAR. For 
further information about ENERGY STAR, see http://www.energystar.gov or 
call the toll-free numbers: (888) 782-7937 or (888) 588-9920 (TTY). (5 
points)
    (2) Rural Development State Offices will conduct the preliminary 
eligibility review, score the applications, and forward them to the 
National Office.
    (3) The National Office will rank all requests nationwide and 
distribute funds to States in rank order, within funding and RA limits. 
A lottery in accordance with 7 CFR 3560.56(c)(2) will be used for 
applications with tied point scores when they all cannot be funded. If 
insufficient funds or RA remain for the next ranked proposal, that 
applicant will be given a chance to modify their application to bring 
it within remaining funding levels. This will be repeated for each next 
ranked eligible proposal until an award can be made or the list is 
exhausted.
    To file a complaint of discrimination, write to USDA, Director, 
Office of Civil Rights, 1400 Independence Avenue, SW., Washington, DC 
20250-9410, or call (800) 795-3272 (voice) or (202) 720-6382 (TDD). 
USDA is an equal opportunity provider, employer, and lender. The U.S. 
Department of Agriculture (USDA) prohibits discrimination in all its 
programs and activities on the basis of race, color, national origin, 
age, disability, and where applicable, sex, marital status, familial 
status, parental status, religion, sexual orientation, genetic 
information, political beliefs, reprisal, or because all or part of an 
individual's income is derived from any public assistance program. (Not 
all prohibited bases apply to all programs.) Persons with disabilities 
who require alternative means for communication of program information 
(Braille, large print, audiotape, etc.) should contact USDA's TARGET 
Center at (202) 720-2600 (voice and TDD).

    Dated: March 5, 2008.
Peter D. Morgan,
Acting Administrator, Rural Housing Service.
 [FR Doc. E8-4956 Filed 3-11-08; 8:45 am]
BILLING CODE 3410-XV-P