[Federal Register Volume 74, Number 19 (Friday, January 30, 2009)]
[Notices]
[Pages 5782-5789]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-1576]



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Part IV





Department of the Treasury





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Community Development Financial Institutions Fund



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12 CFR Part 1806



Notice of Funds Availability; Notice; Bank Enterprise Award Program; 
Interim Rule

  Federal Register / Vol. 74, No. 19 / Friday, January 30, 2009 / 
Notices  

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DEPARTMENT OF THE TREASURY

Community Development Financial Institutions Fund


Notice of Funds Availability

    Funding Opportunity Title: Notice of Funds Availability (NOFA) 
inviting applications for the FY 2009 funding round of the Bank 
Enterprise Award (BEA) Program.
    Announcement Type: Initial announcement of funding opportunity.
    Catalog of Federal Domestic Assistance (CDFA) Number: 21.021.
    Dates: Applications for the FY 2009 funding round must be received 
by 11:59 p.m. ET on March 13, 2009. Applications must meet all 
eligibility and other requirements and deadlines, as applicable, set 
forth in this NOFA. Applications received after 11:59 p.m. ET on the 
applicable deadline will be rejected.
    Executive Summary: This NOFA is issued in connection with the FY 
2009 funding round of the BEA Program. Through the BEA Program, the 
Community Development Financial Institutions Fund (the Fund) encourages 
Insured Depository Institutions to increase their levels of loans, 
investments, services, and technical assistance within Distressed 
Communities, and financial assistance to Community Development 
Financial Institutions (CDFIs) through grants, stock purchases, loans, 
deposits, and other forms of financial and technical assistance, during 
a specified period. Actual funding for this program is contingent upon 
available resources. Publication of this NOFA does not obligate the 
Fund or the Department of the Treasury to make any award or to obligate 
any available funds.

I. Funding Opportunity Description

A. Baseline Period and Assessment Period Dates

    A BEA Program award is based on an Applicant's increases in 
Qualified Activities from the Baseline Period to the Assessment Period. 
For the FY 2009 funding round, the Baseline Period is calendar year 
2007 (January 1, 2007 through December 31, 2007), and the Assessment 
Period is calendar year 2008 (January 1, 2008 through December 31, 
2008).

B. Program Regulations

    The regulations governing the BEA Program have been published in 
this issue of the Federal Register, and replace, in their entirety, the 
regulations found at 12 CFR part 1806 (the Interim Rule or Rule) and 
provide guidance on evaluation criteria and other requirements of the 
BEA Program. The Fund encourages Applicants to review the Interim Rule. 
Detailed application content requirements are found in the application 
related to this NOFA. Each capitalized term in this NOFA is more fully 
defined either in the Interim Rule or the application.

C. Qualified Activities

    Qualified Activities are defined in the Interim Rule to include 
CDFI Related Activities, Distressed Community Financing Activities, and 
Service Activities (12 CFR 1806.103(nn)). CDFI Related Activities 
include Equity Investments, Equity-Like Loans, and CDFI Support 
Activities (12 CFR 1806.103(r)). Distressed Community Financing 
Activities (12 CFR 1806.103(u)) include Affordable Housing Loans, 
Affordable Housing Development Loans and related Project Investments; 
Education Loans; Commercial Real Estate Loans and related Project 
Investments; Home Improvement Loans; and Small Business Loans and 
related Project Investments. Service Activities (12 CFR 1806.103(nn)) 
include Deposit Liabilities, Financial Services, Community Services, 
Targeted Financial Services, and Targeted Retail Savings/Investment 
Products.
    When calculating BEA Program award amounts, the Fund will count 
only the amount that an Applicant reasonably expects to disburse for a 
Qualified Activity within 12 months from the end of the Assessment 
Period. Subject to the requirements outlined in Section I. G.1. of this 
NOFA, in the case of Commercial Real Estate Loans and CDFI Related 
Activities, the total principal amount of the transaction must be $10 
million or less to be considered a Qualified Activity. Qualified 
Activities funded with prior funding round Award dollars shall not 
constitute a Qualified Activity for the purposes of calculating or 
receiving an Award.

D. Designation of Distressed Community

    An Applicant applying for a BEA Program award for carrying out 
Distressed Community Financing Activities or Services Activities must 
designate one or more Distressed Communities. Each CDFI Partner that is 
the recipient of CDFI Support Activities from an Applicant must 
designate a Distressed Community. The CDFI Partner can identify a 
different Distressed Community than the Applicant. Applicants providing 
Equity Investments to a CDFI, and CDFI Partners that receive Equity 
Investments, are not required to designate Distressed Communities. 
Please note that a Distressed Community as defined by the BEA Program 
is not necessarily the same as an Investment Area as defined by the 
CDFI Program, or a Low-Income Community as defined by the New Markets 
Tax Credit (NMTC) Program.
    1. Definition of Distressed Community: A Distressed Community must 
meet certain minimum geographic area and distress requirements, which 
are defined in the Interim Rule at 12 CFR 1806.103(t) and more fully 
described in 12 CFR 1806.200.
    2. Designation of Distressed Community: An Applicant or CDFI 
Partner (as appropriate) shall designate an area as a Distressed 
Community by:
    (a) Selecting Geographic Units which individually meet the minimum 
area eligibility requirements; or
    (b) Selecting two or more Geographic Units which, in the aggregate, 
meet the minimum area eligibility requirements set forth in paragraph 
(1) of this section provided that no Geographic Unit selected by the 
Applicant within the area has a poverty rate of less than 20 percent.
    An Applicant engaging in Distressed Community Financing Activities 
or Service Activities designates a Distressed Community by submitting a 
Map of the Distressed Community as described in the applicable BEA 
Program application. A CDFI Partner designates a Distressed Community 
by submitting a Map of the Distressed Community as described in the 
applicable BEA Program application.
    Applicants and CDFI Partners must use the CDFI Fund Information 
Mapping System (CIMS) to designate Distressed Communities. CIMS is 
accessed through myCDFIFund and contains step-by-step instructions on 
how to create and print the aforementioned Map of the Distressed 
Community. MyCDFIFund is an electronic interface that is accessed 
through the Fund's Web site (www.cdfifund.gov). Instructions for 
registering with myCDFIFund are available on the Fund's Web site. If 
you have any questions or problems with registering, please contact the 
CDFI Fund IT HelpDesk by telephone at (202) 622-2455, or by e-mail to 
[email protected].

E. CDFI Related Activities

    CDFI Related Activities include Equity Investments, Equity-Like 
Loans, and CDFI Support Activities provided to eligible CDFI Partners. 
In addition to regulatory requirements, this NOFA provides the 
following:

[[Page 5783]]

    1. Eligible CDFI Partner: CDFI Partner is defined as a CDFI that 
has been provided assistance in the form of CDFI Related Activities by 
an Applicant (12 CFR 1806.103(p)). For the purposes of this NOFA, an 
eligible CDFI Partner is an entity that has been certified as a CDFI as 
of the end of the applicable Assessment Period.
    2. Limitations on eligible Qualified Activities provided to certain 
CDFI Partners: An Applicant that is also a CDFI cannot receive credit 
for any financial assistance or Qualified Activities provided to a CDFI 
Partner that is also an FDIC-insured depository institution or 
depository institution holding company.
    3. Certificates of Deposit: Section 1806.103(r) of the Interim Rule 
states that any certificate of deposit placed by an Applicant or its 
Subsidiary in a CDFI that is a bank, thrift, or credit union must be: 
(i) Uninsured and committed for at least three years; or (ii) insured, 
committed for a term of at least three years, and provided at an 
interest rate that is materially below market rates, in the 
determination of the Fund.
    (a) For purposes of this NOFA, ``materially below market interest 
rate'' is defined as an annual percentage rate that does not exceed 100 
percent of yields on Treasury securities at constant maturity as 
interpolated by Treasury from the daily yield curve and available on 
the Treasury Web site at www.treas.gov/offices/domestic-finance/debt-management/interest-rate/yield.shtml. For example, for a three-year 
certificate of deposit, Applicants should use the three-year rate U.S. 
Government securities, Treasury Yield Curve Rate posted for that 
business day. The Treasury updates the Web site daily at approximately 
5:30 p.m. ET. Certificates of deposit placed prior to that time may use 
the rate posted for the previous business day. The annual percentage 
rate on a certificate of deposit should be compounded quarterly, semi-
annually, or annually. In addition, Applicants should determine whether 
a certificate of deposit is insured based on the total amount that the 
Applicant or its Subsidiary has on deposit on the day the certificate 
of deposit is placed. The Applicant must note, in its BEA Program 
application, whether the certificate of deposit is insured or 
uninsured.
    (b) For purposes of this NOFA, a deposit placed by an Applicant 
directly with a CDFI Partner that participates in a deposit network or 
service may be treated as eligible under this NOFA if it otherwise 
meets the criteria for deposits in 1806.103(r) and the CDFI Partner 
retains the full amount of the initial deposit or an amount equivalent 
to the full amount of the initial deposit through a deposit network 
exchange transaction.

F. Equity-Like Loans

    An Equity-Like Loan is a loan provided by an Applicant or its 
Subsidiary to a CDFI, and made on such terms that it has 
characteristics of an Equity Investment, as such characteristics may be 
specified by the Fund (12 CFR 1806.103(z)). For purposes of this NOFA, 
Equity-Like Loans must meet the following characteristics:
    1. At the end of the initial term, the loan must have a definite 
rolling maturity date that is automatically extended on an annual basis 
if the CDFI borrower continues to be financially sound and carry out a 
community development mission;
    2. Periodic payments of interest and/or principal may only be made 
out of the CDFI borrower's available cash flow after satisfying all 
other obligations;
    3. Failure to pay principal or interest (except at maturity) will 
not automatically result in a default of the loan agreement; and
    4. The loan must be subordinated to all other debt except for other 
Equity-Like Loans.
    Notwithstanding the foregoing, the Fund reserves the right to 
determine, in its sole discretion and on a case-by-case basis, whether 
an instrument meets the above-stated characteristics of an Equity-Like 
Loan. Applicants must submit all documents evidencing loans that they 
wish to be considered Equity-Like Loans to the Fund for review, no 
later than 45 days prior to the end of the applicable Assessment 
Period. The Fund will not redraft instruments, provide language for 
Applicants, or render legal opinions related to Equity-Like Loans. 
However, the Fund, in its sole discretion, may comment as to the 
consistency of a proposed instrument with the above-stated Equity-Like 
Loan characteristics. Such information will allow Applicants, if they 
so choose, to modify the instruments to conform to the program 
requirements prior to the end of the Assessment Period. The Fund cannot 
guarantee timely feedback to Applicants that submit the aforementioned 
documentation less than 45 days prior to the end of the applicable 
Assessment Period.

G. Distressed Community Financing Activities and Service Activities

    Distressed Community Financing Activities include Affordable 
Housing Loans, Affordable Housing Development Loans and related Project 
Investments, Education Loans, Commercial Real Estate Loans and related 
Project Investments, Home Improvement Loans, and Small Business Loans 
and related Project Investments (12 CFR 1806.103(u)). In addition to 
the regulatory requirements, this NOFA provides the following 
additional requirements.
    1. Commercial Real Estate Loans and related Project Investments: 
For purposes of this NOFA, eligible Commercial Real Estate Loans (12 
CFR 1806.103(l)) and related Project Investments (12 CFR 1806.103(ll)) 
are generally limited to transactions with a total principal value of 
$10 million or less. Notwithstanding the foregoing, the Fund, in its 
sole discretion, may consider transactions with a total principal value 
of over $10 million, subject to review. In such cases, the Fund may 
request that the Applicant provide a separate narrative, or other 
information, to demonstrate that the proposed project offers, or 
significantly enhances the quality of, a facility or service not 
currently provided to the Distressed Community.
    2. Reporting certain Financial Services:
    (a) The Fund will value the administrative cost of providing 
certain Financial Services using the following per unit values:
    (i) $100.00 per account for Targeted Financial Services;
    (ii) $50.00 per account for checking and savings accounts that do 
not meet the definition of Targeted Financial Services;
    (iii) $5.00 per check cashing transaction;
    (iv) $25,000 per new ATM installed at a location in a Distressed 
Community;
    (v) $2,500 per ATM operated at a location in a Distressed 
Community;
    (vi) $250,000 per new retail bank branch office opened in a 
Distressed Community; and
    (vii) In the case of Applicants engaging in Financial Services 
activities not described above, the Fund will determine the unit value 
of such services.
    (b) When reporting the opening of a new retail bank branch office, 
the Applicant must certify that it has not operated a retail branch in 
the same census tract in which the new retail branch office is being 
opened in the past three years, and that such new branch will remain in 
operation for at least the next five years.
    (c) Financial Service Activities must be provided by the Applicant 
to Low- and Moderate-Income Residents. An Applicant may determine the 
number of

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Low- and Moderate-Income individuals who are recipients of Financial 
Services by either:
    (i) Collecting income data on its Financial Services customers; or
    (ii) Certifying that the Applicant reasonably believes that such 
customers are Low- and Moderate-Income individuals and providing a 
brief analytical narrative with information describing how the 
Applicant made this determination.

H. Integrally Involved Enterprises: Integrally Involved Means

    (i) For a CDFI Partner, having provided at least five percent of 
financial transactions or dollars transacted (e.g., loans or equity 
investments as defined in 12 CFR 1805.104(s)), or five percent of 
Development Service activities, in the Distressed Community identified 
by the Applicant or the CDFI Partner, as applicable, in each of the 
three calendar years preceding the date of the applicable NOFA, or 
having transacted at least ten percent of financial transactions (e.g., 
loans or equity investments) in said Distressed Community in at least 
one of the three calendar years preceding the date of the applicable 
NOFA, or demonstrating that it has attained at least five percent of 
market share for a particular product in said Distressed Community 
(such as at least five percent of home mortgages originated in said 
Distressed Community) in at least one of the three calendar years 
preceding the date of the applicable NOFA; or
    (ii) For a non-CDFI, having directed at least five percent of its 
business activities (e.g., investments, revenues, expenses, or other 
appropriate measures) to serving the Distressed Community identified by 
the Applicant in each of the three calendar years preceding the date of 
the applicable NOFA, or having provided at least ten percent of its 
business activities in said Distressed Community in at least one of the 
three calendar years preceding the date of the applicable NOFA.

II. Award Information

A. Award Amounts

    Subject to funding availability, the Fund expects that it may award 
approximately $20 million for FY 2009 BEA Program awards, in 
appropriated funds under this NOFA. The Fund reserves the right to 
award in excess of said funds under this NOFA, provided that the 
appropriated funds are available. Under this NOFA, the Fund anticipates 
a maximum award amount of $500,000 per Applicant. The Fund, in its sole 
discretion, reserves the right to award amounts in excess of the 
anticipated maximum award amount. The Fund also reserves the right to 
impose a minimum award amount. Further, the Fund reserves the right to 
fund, in whole or in part, any, all, or none of the applications 
submitted in response to this NOFA. The Fund reserves the right to re-
allocate funds from the amount that is anticipated to be available 
under this NOFA to other Fund programs, particularly if the Fund 
determines that the number of awards made under this NOFA is fewer than 
projected.
    When calculating award amounts, the Fund will count only the amount 
that an Applicant reasonably expects to disburse on a transaction 
within 12 months from the end of the Assessment Period.

B. Types of Awards

    BEA Program awards are made in the form of grants.

C. Notice of Award and Award Agreement

    Each awardee under this NOFA must sign a Notice of Award and an 
Award Agreement prior to disbursement by the Fund of award proceeds. 
The Notice of Award and the Award Agreement contain the terms and 
conditions of the award. For further information, see Section IX. of 
this NOFA.

III. Eligibility

A. Eligible Applicants

    Eligible Applicants for the BEA Program must be Insured Depository 
Institutions, as defined in 12 U.S.C. 1813(c)(2). An Applicant must be 
FDIC-insured by December 31, 2008 for the FY 2009 funding round to be 
eligible for consideration for a BEA Program award under this NOFA.
    1. Prior awardees: Applicants must be aware that success in a prior 
round of any of the Fund's programs is not indicative of success under 
this NOFA. For purposes of this section, the Fund will consider an 
Affiliate to be any entity that Controls (as such term is defined in 
paragraph (g) below) the Applicant, is Controlled by the Applicant or 
is under common Control with the Applicant (as determined by the Fund) 
and any entity otherwise identified as an affiliate by the Applicant in 
its Application under this NOFA. Prior BEA Program awardees and prior 
awardees of other Fund programs are eligible to apply under this NOFA, 
except as follows:
    (a) Failure to meet reporting requirements: The Fund will not 
consider an application submitted by an Applicant if the Applicant or 
its Affiliate is a prior Fund awardee or allocatee under any Fund 
program and is not current on the reporting requirements set forth in 
the previously executed assistance, award or allocation agreement(s), 
as of the application deadline(s) of this NOFA. Please note that the 
Fund only acknowledges the receipt of reports that are complete. As 
such, incomplete reports or reports that are deficient of required 
elements will not be recognized as having been received.
    (b) Pending resolution of noncompliance: If an Applicant that is a 
prior awardee or allocatee under any Fund program: (i) Has submitted 
complete and timely reports to the Fund that demonstrate noncompliance 
with a previous assistance, award or allocation agreement, and (ii) the 
Fund has yet to make a final determination as to whether the entity is 
in default of its previous assistance, award or allocation agreement, 
the Fund will consider the Applicant's application under this NOFA 
pending full resolution, in the sole determination of the Fund, of the 
noncompliance. Further, if an Affiliate of the Applicant that is a 
prior Fund awardee or allocate under any Fund program: (i) Has 
submitted complete and timely reports to the Fund that demonstrate 
noncompliance with a previous assistance, award or allocation 
agreement, and (ii) the Fund has yet to make a final determination as 
to whether the entity is in default of its previous assistance, award 
or allocation agreement, the Fund will consider the applicant's 
application under this NOFA pending full resolution, in the sole 
determination of the Fund, of the noncompliance.
    (c) Default status: The Fund will not consider an application 
submitted by an Applicant that is a prior Fund awardee or allocatee 
under any Fund program if, as of the applicable application deadline of 
this NOFA, the Fund has made a final determination that such Applicant 
is in default of a previously executed assistance, award or allocation 
agreement(s). Further, an entity is not eligible to apply for an award 
pursuant to this NOFA if, as of the applicable application deadline, 
the Fund has made a final determination that an Affiliate of the 
Applicant: (i) Is a prior Fund awardee or allocatee under any Fund 
program, and (ii) has been determined by the Fund to be in default of a 
previously executed assistance, award or allocation agreement(s). Such 
entities will be ineligible to apply for an award pursuant to this NOFA 
so long as the Applicant's, or its Affiliate's, prior

[[Page 5785]]

award or allocation remains in default status or such other time period 
as specified by the Fund in writing.
    (d) Termination in default: The Fund will not consider an 
application submitted by an Applicant that is a prior Fund awardee or 
allocatee under any Fund program if, within the 12-month period prior 
to the application deadline of this NOFA, the Fund has made a final 
determination that such Applicant's prior award or allocation 
terminated in default of the assistance, award or allocation agreement 
and the Fund has provided written notification of such determination to 
such Applicant. Further, an entity is not eligible to apply for an 
award pursuant to this NOFA if, within the 12-month period prior to the 
application deadline of this NOFA, the Fund has made a final 
determination that an Affiliate of the Applicant is a prior Fund 
awardee or allocatee under any Fund program whose award or allocation 
terminated in default of the assistance, award or allocation agreement 
and the Fund has provided written notification of such determination to 
the defaulting entity.
    (e) Undisbursed balances: For the purposes of this section, 
``undisbursed funds'' is defined as: (i) In the case of prior BEA 
Program award(s), any balance of award funds equal to or greater than 
five (5) percent of the total prior BEA Program award(s) that remains 
undisbursed more than three (3) years after the end of the calendar 
year in which the Fund signed an award agreement with the Awardee, and 
(ii) in the case of prior CDFI Program or other Fund program award(s), 
any balance of award funds equal to or greater than five (5) percent of 
the total prior award(s) that remains undisbursed more than two (2) 
years after the end of the calendar year in which the Fund signed an 
assistance agreement with the awardee.
    ``Undisbursed funds'' does not include (i) tax credit allocation 
authority allocated through the New Markets Tax Credit Program; (ii) 
any award funds for which the Fund received a full and complete 
disbursement request from the awardee as of the application deadline of 
this NOFA; and (iii) any award funds for an award that has been 
terminated, expired, rescinded, or deobligated by the Fund.
    The Fund will not consider an application submitted by an Applicant 
that is a prior Fund awardee under any Fund program if the Applicant 
has a balance of undisbursed funds under said prior award(s), as of the 
application deadline of this NOFA. Further, an entity is not eligible 
to apply for an award pursuant to this NOFA if an Affiliate of the 
Applicant is a prior Fund awardee under any Fund program, and has a 
balance of undisbursed funds under said prior award(s), as of the 
application deadline of this NOFA. In the case where an Affiliate of 
the Applicant is a prior Fund awardee under any Fund program, and has a 
balance of undisbursed funds under said prior award(s), as of the 
application deadline of this NOFA, the Fund will include the combined 
awards of the Applicant and such Affiliates when calculating the amount 
of undisbursed funds.
    (f) For purposes of this NOFA, the term ``Control'' means: (1) 
Ownership, control, or power to vote 25 percent or more of the 
outstanding shares of any class of voting securities as defined in 12 
CFR 1805.104(mm) of any legal entity, directly or indirectly or acting 
through one or more other persons; (2) control in any manner over the 
election of a majority of the directors, trustees, or general partners 
(or individuals exercising similar functions) of any legal entity; or 
(3) the power to exercise, directly or indirectly, a controlling 
influence over the management, credit or investment decisions, or 
policies of any legal entity.
    (g) Contact the Fund: Accordingly, Applicants that are prior 
awardees and/or allocatees under any Fund program are advised to: (i) 
Comply with requirements specified in assistance, award and/or 
allocation agreement(s), and (ii) contact the Fund to ensure that all 
necessary actions are underway for the disbursement of any outstanding 
balance of a prior award(s). All outstanding reports, compliance or 
disbursement questions should be directed to Compliance & Monitoring 
Support by e-mail at [email protected]; by telephone at (202) 622-
6330; by facsimile at (202) 622-6453; or by mail to CDFI Fund, 601 13th 
Street, NW., Suite 200 South, Washington, DC 20005. The Fund will 
respond to Applicants' reporting, compliance or disbursement questions 
between the hours of 9 a.m. and 5 p.m. ET, starting the date of the 
publication of this NOFA through March 11, 2009. The Fund will not 
respond to Applicants' reporting, compliance or disbursement telephone 
calls or e-mail inquiries that are received after 5 p.m. ET on March 
11, 2009.
    2. Cost sharing and matching fund requirements: Not applicable.

 IV. Application and Submission Information

 A. Address To Request Application Package

    Applicants may submit applications under this NOFA in paper form 
(except as provided below for the Report of Transactions). Shortly 
following the publication of this NOFA, the Fund will make the FY 2009 
BEA Program application materials available via Grants.gov.

 B. Application Content Requirements

    Detailed application content requirements are found in the 
application related to this NOFA. Applicants must submit all materials 
described in and required by the application by the applicable 
deadlines. Additional information, including instructions relating to 
the submission of the application via Grants.gov and supporting 
documentation, is set forth in further detail in the application. 
Please note that, pursuant to OMB guidance (68 FR 38402), each 
Applicant must provide, as part of its application submission, a Dun 
and Bradstreet Data Universal Numbering System (DUNS) number. In 
addition, each application must include a valid and current Employer 
Identification Number (EIN), with a letter or other documentation from 
the Internal Revenue Service (IRS) confirming the EIN. Incomplete 
applications will be rejected.
    An Applicant may not submit more than one application in response 
to the FY 2009 funding round.

 C. Form of Application Submission

    Applicants must submit applications under this NOFA via Grants.gov 
with certain required documentation via paper according to the 
instructions in the application. Applications sent by facsimile or by 
e-mail will not be accepted, except in circumstances that the Fund, in 
its sole discretion, deems acceptable. In order to submit an 
application via Grants.gov, Applicants must complete a multi-step 
registration process. Applicants are encouraged to allow at least two 
to three weeks to complete the registration process.
     MyCDFIFund Accounts: All Applicants must register User and 
Organization accounts in myCDFIFund, the Fund's Internet-based 
interface by the applicable Application deadline. Failure to register 
on MyCDFIFund could result in the Fund being unable to accept the 
application. As myCDFIFund is the Fund's primary means of communication 
with Applicants and Awardees, organizations must make sure that they 
update the contact

[[Page 5786]]

information in their myCDFIFund accounts. For more information on 
myCDFIFund, please see the ``Frequently Asked Questions'' link posted 
at https://www.cdfifund.gov/myCDFI/Help/Help.asp.

D. Application Submission Dates and Times

    1. Grants.gov Applications: The deadline for receipt of 
applications via Grants.gov for the FY 2009 funding round is 11:59 p.m. 
ET on March 13, 2009. The deadline for receipt of paper documentation 
at the BPD address specified below is 5 p.m. ET, March 17, 2009. 
Applications and other required documents and other attachments 
received after the deadline on the applicable date will be rejected. 
Please note that the document submission deadlines in this NOFA and/or 
the funding application are strictly enforced. The Fund will not grant 
exceptions or waivers for late delivery of documents including, but not 
limited to, late delivery that is caused by third parties such as the 
United States Postal Service, couriers or overnight delivery services.

V. Intergovernmental Review: Not Applicable

VI. Funding Restrictions: Not Applicable

VII. Addresses

    Qualified Activity Documentation and Other Attachments as specified 
in the applicable BEA Program application must be sent to: CDFI Fund 
Grants Manager, BEA Program, Bureau of Public Debt, 200 Third Street, 
Room 10, Parkersburg, WV 26101. The telephone number to be used in 
conjunction with overnight mailings to this address is (304) 480-5450. 
The Fund will not accept applications in its offices in Washington, DC. 
Applications and attachments received in the Fund's Washington, DC 
offices will be rejected.

VIII. Application Review Information

 A. Priority Factors

    Priority Factors are the numeric values assigned to individual 
types of activity within a category of Qualified Activity. A Priority 
Factor represents the Fund's assessment of the degree of difficulty, 
the extent of innovation (including, for example, pricing), and the 
extent of benefits accruing to the Distressed Community for each type 
of activity. The Priority Factor works by multiplying the change in a 
Qualified Activity by its assigned Priority Factor to achieve a 
``weighted value.'' This weighted value of the change would be 
multiplied by the applicable award percentage to yield the award amount 
for that particular activity. For purposes of this NOFA, the Fund is 
establishing Priority Factors for the Distressed Community Financing 
Activities category only, as follows:

------------------------------------------------------------------------
                                                                Priority
                     Qualified activities                        factor
------------------------------------------------------------------------
 Affordable Housing Loans....................................        3.0
 Education Loans.............................................        3.0
Home Improvement Loans.......................................        3.0
 Small Business Loans and related Project Investments........        3.0
 Affordable Housing Development Loans and related Project            2.0
 Investments.................................................
 Commercial Real Estate Loans and related Project Investments        2.0
------------------------------------------------------------------------

 B. Award Percentages, Award Amounts, Selection Process

    The Interim Rule describes the process for selecting Applicants to 
receive BEA Program awards and determining award amounts. Applicants 
will calculate and request an estimated award amount in accordance with 
a multiple step procedure that is outlined in the Interim Rule (at 12 
CFR 1806.202). As outlined in the Interim Rule at 12 CFR 1806.203, the 
Fund will determine actual award amounts based on the availability of 
funds, increases in Qualified Activities from the Baseline Period to 
the Assessment Period, and each Applicant's priority ranking. In 
calculating the increase in Qualified Activities, the Fund will 
determine the eligibility of each transaction for which an Applicant 
has applied for a BEA Program award. In some cases, the actual award 
amount calculated by the Fund may not be the same as the estimated 
award amount requested by the Applicant.
    In the CDFI Related Activities category (except for an Equity 
Investment or Equity-Like Loan), if an Applicant is a CDFI, such 
estimated award amount will be equal to 18 percent of the increase in 
Qualified Activity for the category. If an Applicant is not a CDFI, 
such estimated award amount will be equal to 6 percent of the increase 
in Qualified Activity for the category. Notwithstanding the foregoing, 
for an Applicant that is a CDFI and for an Applicant that is not a 
CDFI, the award percentage applicable to an Equity Investment, Equity-
Like Loan, or Grant in a CDFI shall be 15 percent of the increase in 
Qualified Activity for the category. For the Distressed Community 
Financing Activities and Service Activities categories, if an Applicant 
is a CDFI, such estimated award amount will be equal to 9 percent of 
the weighted value of the increase in Qualified Activity for the 
category. If an Applicant is not a CDFI, such estimated award amount 
will be equal to 3 percent of the weighted value of the increase in 
Qualified Activity for the category.
    If the amount of funds available during the funding round is 
insufficient for all estimated award amounts, Awardees will be selected 
based on the process described in the Interim Rule at 12 CFR 
1806.203(b). This process gives funding priority to Applicants that 
undertake activities in the following order:
    1. CDFI Related Activities,
    2. Distressed Community Financing Activities, and
    3. Service Activities.
    Within each category, Applicants will be ranked according to the 
ratio of the actual award amount calculated by the Fund for the 
category to the total assets of the Applicant. Within the Distressed 
Community Financing category as well as the Service Activities 
category, Applicants that are certified CDFIs will be ranked first, 
followed by Applicants that have carried out such Distressed Community 
Financing Activities and Service Activities in a Distressed Community 
that encompasses an Indian Reservation.
    The Fund, in its sole discretion: (i) May adjust the estimated 
award amount that an Applicant may receive; (ii) may establish a 
maximum amount that may be awarded to an Applicant; and (iii) reserves 
the right to limit the amount of an award to any Applicant if the Fund 
deems it appropriate.
    For purposes of calculating award disbursement amounts, the Fund 
will treat Qualified Activities with a total principal amount of less 
than $250,000 as fully disbursed. For all other Qualified Activities, 
Awardees will have 12 months from the end of the Assessment Period to 
make disbursements and 18 months from the end of the Assessment Period 
to submit to the Fund disbursement requests for the corresponding 
portion of their awards, after which the Fund will rescind and 
deobligate any outstanding award balance and said outstanding award 
balance will no longer be available to the Awardee.
    The Fund reserves the right to change its eligibility and 
evaluation criteria and procedures. If said changes materially affect 
the Fund's award decisions, the Fund will provide information regarding 
the changes through the Fund's Web site.
    There is no right to appeal the Fund's award decisions. The Fund's 
award decisions are final.

[[Page 5787]]

C. Certain Limitations on Qualified Activities

    (a) Low-Income Housing Tax Credits. Financial assistance provided 
by an Applicant for which the Applicant receives benefits through Low-
Income Housing Tax Credits, authorized pursuant to Section 42 of the 
Internal Revenue Code, as amended (26 U.S.C. 42), shall not constitute 
an Equity Investment, Project Investment, or other Qualified Activity, 
for the purposes of calculating or receiving a Bank Enterprise Award.
    (b) New Markets Tax Credits. Financial assistance provided by an 
Applicant for which the Applicant receives benefits as an investor in a 
Community Development Entity that has received an allocation of New 
Markets Tax Credits, authorized pursuant to Section 45D of the Internal 
Revenue Code, as amended (26 U.S.C. 45D), shall not constitute an 
Equity Investment, Project Investment, or other Qualified Activity, for 
the purposes of calculating or receiving a Bank Enterprise Award.
    (c) Loan Renewals. Financial assistance provided by an Applicant 
shall not constitute a Qualified Activity, as defined in this part, for 
the purposes of calculating or receiving an award if, such financial 
assistances consist of a loan that has matured and is then renewed by 
the Applicant.
    (d) Prior BEA Awards. Qualified Activities funded with prior 
funding round Award dollars shall not constitute a Qualified Activity 
for the purposes of calculating or receiving an Award.
    (e) Prior CDFI Program Awards. No CDFI may receive a BEA Program 
award for activities funded by a CDFI Program award.

 IX. Award Administration Information

 A. Notice of Award

    The Fund will signify its selection of an Applicant as an Awardee 
by delivering a signed Notice of Award and Award Agreement to the 
Applicant. The Notice of Award will contain the general terms and 
conditions underlying the Fund's provision of an award including, but 
not limited to, the requirement that an Awardee and the Fund enter into 
an Award Agreement. The Applicant must execute the Notice of Award and 
return it to the Fund along with the Award Agreement. The Fund reserves 
the right, in its sole discretion, to rescind its award and Notice of 
Award if the Awardee fails to return the Notice of Award or Award 
Agreement, signed by the Authorized Representative of the Awardee, 
along with any other requested documentation, by the deadline set by 
the Fund.
    By executing a Notice of Award, the Awardee agrees that, if 
information (including administrative errors) comes to the attention of 
the Fund that either adversely affects the Awardee's eligibility for an 
award, or adversely affects the Fund's evaluation of the Awardee's 
application, or indicates fraud or mismanagement on the part of the 
Awardee, the Fund may, in its discretion and without advance notice to 
the Awardee, terminate the Notice of Award or take such other actions 
as it deems appropriate.
    1. Failure to meet reporting requirements: If an Applicant, or its 
Affiliate, is a prior Fund Awardee or Allocatee under any Fund program 
and is not current on the reporting requirements set forth in the 
previously executed Assistance, Award or Allocation Agreement(s), as of 
the date of the Notice of Award, the Fund reserves the right, in its 
sole discretion, to delay entering into an Award Agreement and/or to 
delay making a disbursement of Award proceeds, until said prior Awardee 
or Allocatee is current on the reporting requirements in the previously 
executed Assistance, Award or Allocation Agreement(s). Please note that 
the Fund only acknowledges the receipt of reports that are complete. As 
such, incomplete reports or reports that are deficient of required 
elements will not be recognized as having been received. If said prior 
Awardee or Allocatee is unable to meet this requirement within the 
timeframe set by the Fund, the Fund reserves the right, in its sole 
discretion, to terminate and rescind the Notice of Award and the Award 
made under this NOFA.
    2. Pending resolution of noncompliance: If an Applicant is a prior 
Fund Awardee or Allocatee under any Fund program and if: (i) It has 
submitted complete and timely reports to the Fund that demonstrate 
noncompliance with a previous Assistance, Award, or Allocation 
agreement, and (ii) the Fund has yet to make a final determination 
regarding whether or not the entity is in default of its previous 
Assistance, Award, or Allocation Agreement, the Fund reserves the 
right, in its sole discretion, to delay entering into an Award 
Agreement and/or to delay making a disbursement of Award proceeds, 
pending full resolution, in the sole determination of the Fund, of the 
noncompliance. Further, if an Affiliate of the Applicant is a prior 
Fund Awardee or Allocatee under any Fund program, and if such entity: 
(i) Has submitted complete and timely reports to the Fund that 
demonstrate noncompliance with a previous Assistance, Award, or 
Allocation Agreement, and (ii) the Fund has yet to make a final 
determination as to whether the entity is in default of its previous 
Assistance, Award, or Allocation Agreement, the Fund reserves the 
right, in its sole discretion, to delay entering into an Award 
Agreement and/or to delay making a disbursement of Award proceeds 
pending full resolution, in the sole determination of the Fund, of the 
noncompliance. If said prior Awardee or Allocatee is unable to meet 
this requirement, in the sole determination of the Fund, the Fund 
reserves the right, in its sole discretion, to terminate and rescind 
the Notice of Award and the Award made under this NOFA.
    3. Default status: If, at any time prior to entering into an Award 
Agreement under this NOFA, the Fund has made a final determination that 
an Applicant that is a prior Fund Awardee or Allocatee under any Fund 
program is in default of a previously executed Assistance, Award, or 
Allocation Agreement(s) and has provided written notification of such 
determination to the Applicant, the Fund reserves the right, in its 
sole discretion, to delay entering into an Award Agreement and/or to 
delay making a disbursement of Award proceeds until said prior Awardee 
or Allocatee has submitted a complete and timely report demonstrating 
full compliance with said Agreement within a timeframe set by the Fund. 
Further, if, at any time prior to entering into an Award Agreement 
under this NOFA, the Fund has made a final determination that an 
Affiliate of the Applicant is a prior Fund Awardee or Allocatee under 
any Fund program, and is in default of a previously executed 
Assistance, Allocation or Award Agreement(s) and has provided written 
notification of such determination to the defaulting entity, the Fund 
reserves the right, in its sole discretion, to delay entering into an 
Award Agreement and/or to delay making a disbursement of Award proceeds 
until said prior Awardee or Allocatee has submitted a complete and 
timely report demonstrating full compliance with said Agreement within 
a timeframe set by the Fund. If said prior awardee or allocatee is 
unable to meet this requirement, the Fund reserves the right, in its 
sole discretion, to terminate and rescind the Notice of Award and the 
Award made under this NOFA.
    4. Termination in default: If, within the 12-month period prior to 
entering

[[Page 5788]]

into an Award Agreement under this NOFA, the Fund has made a final 
determination that an Applicant that is a prior Fund Awardee or 
Allocatee under any Fund program whose Award or Allocation terminated 
in default of such prior Agreement and the Fund has provided written 
notification of such determination to such organization, the Fund 
reserves the right, in its sole discretion, to delay entering into an 
Award Agreement and/or to delay making a disbursement of Award 
proceeds. Further, if, within the 12-month period prior to entering 
into an Award Agreement under this NOFA, the Fund has made a final 
determination that an Affiliate of the Applicant, is a prior Fund 
Awardee or Allocatee under any Fund program, and whose Award or 
Allocation terminated in default of such prior Agreement(s) and has 
provided written notification of such determination to the defaulting 
entity, the Fund reserves the right, in its sole discretion, to delay 
entering into an Award Agreement and/or to delay making a disbursement 
of Award proceeds.

 E. Award Agreement

    After the Fund selects an Awardee, the Fund and the Awardee will 
enter into an Award Agreement. The Award Agreement will set forth 
certain required terms and conditions of the award, which will include, 
but not be limited to: (i) The amount of the award; (ii) the type of 
the award; (iii) the approved uses of the award; (iv) performance goals 
and measures; and (v) reporting requirements for all Awardees. Award 
Agreements under this NOFA generally will have one-year performance 
periods. The Award Agreement shall provide that an Awardee shall: (i) 
Carry out its Qualified Activities in accordance with applicable law, 
the approved application, and all other applicable requirements; (ii) 
not receive any monies until the Fund has determined that the Awardee 
has fulfilled all applicable requirements, and (iii) use an amount 
equivalent to the BEA Award amount for BEA Qualified Activities.

F. Administrative and National Policy Requirements

    Not applicable.

G. Reporting and Accounting

    1. Reporting Requirements: The Fund will collect information, on at 
least an annual basis, from each Awardee that receives an award over 
$50,000 through this NOFA including, but not limited to, an Annual 
Report that comprises the following components: (i) Institution Level 
Report; (ii) Financial Reports (including an OMB A-133 audit, as 
applicable); and (iii) such other information as the Fund may require. 
Each Awardee is responsible for the timely and complete submission of 
the Annual Report, even if all or a portion of the documents actually 
is completed by another entity or signatory to the Award Agreement. If 
such other entities or signatories are required to provide Institution 
Level Reports, Financial Reports, or other documentation that the Fund 
may require, the Awardee is responsible for ensuring that the 
information is submitted timely and complete. The Fund reserves the 
right to contact such additional signatories to the Award Agreement and 
require that additional information and documentation be provided. The 
Fund will use such information to monitor each Awardee's compliance 
with the requirements set forth in the Award Agreement and to assess 
the impact of the CDFI Program. All reports must be electronically 
submitted to the Fund via the Awardee's my CDFIFund account. The 
Institution Level Report must be submitted through the Fund's Web-based 
data collection system, the Community Investment Impact System (CIIS). 
The Financial Report may be submitted through CIIS. All other 
components of the Annual Report may be submitted electronically, as 
directed, by the Fund. The Fund reserves the right, in its sole 
discretion, to modify these reporting requirements if it determines it 
to be appropriate and necessary; however, such reporting requirements 
will be modified only after notice to Awardees.
    2. Accounting: The Fund will require each Awardee that receives an 
award over $50,000 through this NOFA to account for the use of the 
award. This will require Awardees to establish administrative and 
accounting controls, subject to the applicable OMB Circulars. The Fund 
will provide guidance to Awardees outlining the format and content of 
the information to be provided on an annual basis, outlining and 
describing how the funds were used. Each Awardee that receives an Award 
must provide the Fund with the required and complete and accurate 
Automated Clearinghouse (ACH) form for its bank account prior to award 
closing and disbursement.

X. Agency Contacts

    The Fund will respond to questions and provide support concerning 
this NOFA and the funding application between the hours of 9 a.m. and 5 
p.m. ET, starting the date of the publication of this NOFA through 
close of business March 11, 2009 for the FY 2009 funding round.
    The Fund will not respond to questions or provide support 
concerning the application after 5 p.m. ET on March 11, 2009 for the FY 
2009 funding round.
    Applications and other information regarding the Fund and its 
programs may be downloaded and printed from the Fund's Web site at 
www.cdfifund.gov. The Fund will post on its Web site responses to 
questions of general applicability regarding the BEA Program.
    A. Information Technology Support: Technical support can be 
obtained by calling (202) 622-2455 or by e-mail at 
[email protected]. People who have visual or mobility 
impairments that prevent them from creating a Distressed Community map 
using the Fund's Web site should call (202) 622-2455 for assistance. 
These are not toll free numbers.
    B. Programmatic Support: If you have any questions about the 
programmatic requirements of this NOFA, contact the Fund's Program 
office by e-mail at [email protected], by telephone at (202) 622-
6355, by facsimile at (202) 622-7754, or by mail at CDFI Fund, 601 13th 
Street NW., Suite 200 South, Washington, DC 20005. These are not toll-
free numbers.
    C. Grants Management Support: If you have any questions regarding 
the administrative requirements of this NOFA, including questions 
regarding submission requirements, contact the Fund's Grants Manager by 
e-mail at [email protected], by telephone at (202) 622-
8226, by facsimile at (202) 622-9625, or by mail at CDFI Fund, 601 13th 
Street, NW., Suite 200 South, Washington, DC 20005. These are not toll 
free numbers.
    D. Compliance and Monitoring Support: If you have any questions 
regarding the compliance requirements of this NOFA, including questions 
regarding performance on prior awards, contact the Fund's Compliance 
Manager by e-mail at [email protected], by telephone at (202) 622-
6330, by facsimile at (202) 622-6453, or by mail at CDFI Fund, 601 13th 
Street, NW., Suite 200 South, Washington, DC 20005. These are not toll 
free numbers.
    E. Legal Counsel Support: If you have any questions or matters that 
you believe require response by the Fund's Office of Legal Counsel, 
please refer to the document titled ``How to Request a Legal Review,'' 
found on the Fund's Web site at www.cdfifund.gov. Further, if you wish 
to review the Award Agreement form document from a prior funding round, 
you may find it posted on the Fund's Web site (please note that

[[Page 5789]]

there may be revisions to the Award Agreement that will be used for 
Awardees under this NOFA and thus the sample document on the Fund's Web 
site should not be relied upon for purposes of this NOFA).
    F. Communication with the CDFI Fund: The Fund will use its 
myCDFIFund Internet interface to communicate with Applicants and 
Awardees under this NOFA. Awardees must use myCDFIFund to submit 
required reports. The Fund will notify Awardees by e-mail using the 
addresses maintained in each Awardee's myCDFIFund account. Therefore, 
the Awardee and any Subsidiaries, signatories, and Affiliates must 
maintain accurate contact information (including contact person and 
authorized representative, e-mail addresses, fax numbers, phone 
numbers, and office addresses) in their myCDFIFund account(s). For more 
information about myCDFIFund, please see the Help documents posted at 
https://www.cdfifund.gov/myCDFI/Help/Help.asp.

    Authority: 12 U.S.C. 1834a, 4703, 4703 note, 4713; 12 CFR part 
1806.

    Dated: January 15, 2009.
Donna J. Gambrell,
Director, Community Development Financial Institutions Fund.
 [FR Doc. E9-1576 Filed 1-29-09; 8:45 am]
BILLING CODE 4810-70-P