[Federal Register Volume 74, Number 97 (Thursday, May 21, 2009)]
[Notices]
[Pages 23838-23843]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-11833]


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DEPARTMENT OF AGRICULTURE

Rural Housing Service


Notice of Funding Availability of Applications for Section 514 
Farm Labor Housing Loans and Section 516 Farm Labor Housing Grants for 
Off-Farm Housing for Fiscal Year (FY) 2009

AGENCY: Rural Housing Service, USDA.

[[Page 23839]]


ACTION: Notice.

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SUMMARY: This notice 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. This notice 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 
is 5 p.m., local time to the appropriate Rural Development State Office 
on July 20, 2009. The application closing deadline is firm as to date 
and hour. Rural Development will not consider any application that is 
received after the closing deadline unless date and time is extended by 
another Notice published in the Federal Register. 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), and postage due 
applications will not be accepted.

ADDRESSES: Applicants wishing to apply for assistance must contact the 
Rural Development State Office serving the State of the proposed off-
farm labor housing project in order 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 are as follows:

    Note: Telephone numbers listed are not toll-free.


Alabama State Office, Suite 601, Sterling Centre, 4121 Carmichael 
Road, Montgomery, AL 36106-3683, (334) 279-3455, TDD (334) 279-3495, 
James B. Harris.
Alaska State Office, 800 West Evergreen, Suite 201, Palmer, AK 
99645-6539, (907) 761-7705, TDD (907) 761-8905, Deborah Davis.
Arizona State Office, Phoenix Courthouse and Federal Building, 230 
North First Ave., Suite 206, Phoenix, AZ 85003-1706, (602) 280-8764, 
TDD (602) 280-8706, Ernie Wetherbee.
Arkansas State Office, 700 W. Capitol Ave., Room 3416, Little Rock, 
AR 72201-3225, (501) 301-3250, TDD (501) 301-3063, Greg Kemper.
California State Office, 430 G Street, 4169, Davis, CA 
95616-4169, (530) 792-5821, TDD (530) 792-5848, Debra Moretton.
Colorado State Office, 655 Parfet Street, Room E100, Lakewood, CO 
80215, (720) 544-2923, TDD (800) 659-2656, Mary Summerfield.
Connecticut, Served by Massachusetts State Office.
Delaware and Maryland 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) 338-3436, TDD (352) 338-3499, 
Daryl Cooper.
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, Donald Estes.
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 West 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) 284-4493, TDD (515) 284-4858, Heather Honkomp.
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, P.O. Box 405, 
Bangor, ME 04402-0405, (207) 990-9110, TDD (207) 942-7331, Bob 
Nadeau.
Maryland, Served by Delaware State Office.
Massachusetts, Connecticut & Rhode Island State Office, 451 West 
Street, Amherst, MA 01002, (413) 253-4333, TDD (413) 253-4590, 
Arlene Nunes.
Michigan State Office, 3001 Coolidge Road, Suite 200, East Lansing, 
MI 48823, (517) 324-5192, TDD (517) 337-6795, Julie Putnam.
Minnesota State Office, 375 Jackson Street Building, Suite 410, St. 
Paul, MN 55101-1853, (651) 602-7812, TDD (651) 602-7830, Nancy 
Schmidt.
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) 876-0990, TDD (573) 876-9480, 
Colleen James.
Montana State Office, 900 Technology Blvd., Suite B, Bozeman, MT 
59718, (406) 585-2515, 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-
5146, (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, Susan 
Ellzey.
New York State Office, The Galleries of Syracuse, 441 S. Salina 
Street, Suite 357, 5th Floor, Syracuse, NY 13202, (315) 477-6419, 
TDD (315) 477-6400, Michael Bosak.
North Carolina State Office, 4405 Bland Road, Suite 260, Raleigh, NC 
27609, (919) 873-2055, 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 S. Graves.
Oregon State Office, 1201 NE Lloyd Blvd., Suite 801, Portland, OR 
97232, (503) 414-3325, TDD (503) 414-3387, Sherryl Gleason.
Pennsylvania State Office, One Credit Union Place, Suite 330, 
Harrisburg, PA 17110-2996, (717) 237-2281, TDD (717) 237-2261, 
Martha Eberhart.
Puerto Rico State Office, 654 Munoz Rivera Avenue, IBM Plaza, Suite 
601, Hato Rey, PR 00918, (787) 766-5095 (ext. 249), TDD (787) 766-
5332, 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, Suite 300, 3322 West End Avenue, Nashville, 
TN 37203-1084, (615) 783-1375, TDD (615) 783-1397, Don Harris.
Texas State Office, Federal Building, Suite 102, 101 South Main, 
Temple, TX 76501, (254) 742-9765, TDD (254) 742-9712, Scooter 
Brockette.

[[Page 23840]]

Utah State Office, Wallace F. Bennett Federal Building, 125 S. State 
Street, Room 4311, Salt Lake City, UT 84147-0350, (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, Western Pacific 
Territories, Served by Hawaii State Office.
West Virginia State Office, Federal Building, 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) 345-7676, TDD (715) 345-7614, Jeff Borcherding.
Wyoming State Office, PO Box 11005, Casper, WY 82602, (307) 233-
6715, TDD (307) 233-6733, Alan Brooks.


FOR FURTHER INFORMATION CONTACT: Henry Searcy, Finance and Loan 
Analyst, Multi-Family Housing Preservation and Direct Loan Division, 
STOP 0782 (Room 1263-S), USDA Rural Development, 1400 Independence 
Avenue, SW., Washington, DC 20250-0782, telephone: (202) 720-1753 (this 
is not a toll free number), or via e-mail: [email protected].

SUPPLEMENTARY INFORMATION: 

Paperwork Reduction Act

    The reporting requirements contained in this notice have been 
approved by the Office of Management and Budget under Control Number 
0575-0189.

Overview Information

    Federal Agency Name: Rural Housing Service.
    Funding Opportunity Title: Notice of Funds Availability for Section 
514 Farm Labor Housing Loans and Section 516 Farm Labor Housing Grants 
for Off-Farm Housing.
    Announcement Type: Initial Notice inviting applications from 
qualified applicants for FY 2009.
    Catalog of Federal Domestic Assistance Numbers (CFDA): 10.405 and 
10.427.

DATES: The deadline for receipt of all applications in response to this 
is 5 p.m., appropriate local time to each Rural Development State 
Office, on July 20, 2009. The application closing deadline is firm as 
to date and hour. Rural Development will not consider any application 
that is received after the closing deadline unless date and time is 
extended by another Notice published in the Federal Register. 
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), and postage due applications will not be accepted.

I. Funding Opportunities Description

    Housing that is constructed with FLH loans and grants must meet 
Rural Development's 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 ``disabled domestic farm laborer'', ``domestic farm 
laborer'', or ``retired domestic farm laborer,'' as 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 at which farm they work. Section 514(f)(3) of the Housing 
Act of 1949 (42 U.S.C. 1484(f)(3)) amended the definition of domestic 
farm laborers to include any person regardless of the person's source 
of employment, who receives a substantial portion of his or her income 
from the primary production of agricultural or aquacultural commodities 
in the unprocessed stage, and also includes the person's family.
    Operating assistance may be used in lieu of tenant-specific rental 
assistance (RA) in off-farm labor housing projects that serve migrant 
farmworkers as defined in 7 CFR 3560.11 that are financed under section 
514 or section 516(h) of the Housing Act of 1949 (42 U.S.C. 1486(h)), 
and otherwise meet the requirements of 7 CFR 3560.574. 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. It is 
anticipated that operating assistance will not be available for new 
construction in FY 2009.

II. Award Information

    Applications for FY 2009 will only be accepted through the date and 
time listed in this notice. Since 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 
funds available for FY 2009 for Off-Farm Labor Housing are: Section 514 
$22,977,147, Section 516 $8,586,430 and Rental Assistance $3,400,000.
    Individual requests may not exceed $3 million (total loan and 
grant). At this time, there is no available operating assistance. 
Section 516 off-farm FLH grants may not exceed 90 percent of the total 
development cost (TDC) of the housing as defined in 7 CFR 3560.11. 
Applications that require leveraged funding must have firm commitments 
in place for all of the leveraged funding within one year of the Agency 
issuance of Form AD-622, ``Notice of Pre-application Review Action,'' 
to the applicant. If leverage funds are in the form of tax credits, the 
applicant must document a history of receiving tax credits.

III. Eligibility Information

A. Applicant Eligibility

    (1) To be eligible to receive a Section 516 grant for off-farm FLH, 
the applicant must be a broad-based non-profit organization, a 
community organization which can include a faith-based organization, a 
non-profit 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). The 
applicant must be able to contribute at lease one-tenth of the TDC non-
Rural Development resources which can include leveraged funds.
    (2) To be eligible to receive a Section 514 loan for off-farm FLH, 
the applicant must be a broad-based non-profit organization, a 
community organization which can include a faith-based organization, a 
non-profit 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 non-profit 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 non-profit organizations must have a membership 
that reflects a variety of interests in the area where the housing will 
be located.

[[Page 23841]]

B. Cost Sharing or Matching

    Section 516 grants for off-farm FLH may not exceed the lesser of 90 
percent of the TDC as provided in 7 CFR 3560.562(c)(1).

C. Other Administrative Requirements

    The following requirements apply to loans and grants made in 
response to this notice:
    (1) 7 CFR part 1901, subpart E, regarding equal opportunity 
requirements;
    (2) 7 CFR parts 3015, 3016 or 3019 (as applicable), which 
establishes the uniform administrative requirements for grants and 
cooperative agreements to State and local governments and to non-profit 
organizations;
    (3) 7 CFR part 1901, subpart F, regarding historical and 
archaeological properties;
    (4) 7 CFR part 1940, subpart G, regarding environmental 
assessments;
    (5) 7 CFR part 3560, subpart L, regarding the loan and grant 
authorities of the off-farm FLH program;
    (6) 7 CFR part 1924, subpart A, regarding planning and performing 
construction and other development;
    (7) 7 CFR part 1924, subpart C, regarding the planning and 
performing of site development work; and
    (8) For construction financed with a Section 516 grant, the 
provisions of the Davis-Bacon Act (40 U.S.C. Sec. 276(a)-276(a)(5) and 
implementing regulations published at 29 CFR parts 1, 3, and 5.
    (9) All other requirements 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 final application. 
Only those proposals that are selected for funding will be invited to 
submit final 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 notice. 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 to the appropriate Rural 
Development State Office on July 20, 2009 unless date and time is 
extended by another Notice published in the Federal Register.
    If a pre-application is accepted for further processing, the 
applicant must submit a complete, final application, acceptable to 
Rural Development prior to the obligation of Rural Development funds. 
If the pre-application is not accepted for further processing the 
applicant will be notified of appeal rights under 7 CFR part 11.
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 toll-free number at 
1-866-705-5711 or via internet at http://www.dnb.com/us/. Additional 
information concerning this requirement can be obtained on the 
Grants.gov Web site at http://www.grants.gov.
    (2) A narrative verifying the applicant's ability to meet the 
eligibility requirements stated earlier in this notice.
    (3) Standard Form 424, ``Application for Federal Assistance'', can 
be obtained at http://www.grants.gov or from any Rural Development 
State Office listed in the addresses section.
    (4) Current (within 6 months) financial statements with the 
following paragraph certified by the applicant's designated and legally 
authorized signer:

    I/we certify the above is a true and accurate reflection of our 
financial condition as of the date stated herein. This statement is 
given for the purpose of inducing the United States of America to 
make a loan or to enable the United States of America to make a 
determination of continued eligibility of the applicant for a loan 
as requested in the loan application of which this statement is a 
part.

    (5) Check for $40 from applicants made out to United States 
Department of Agriculture. This will be used to pay for credit reports 
obtained by Rural Development.
    (6) Evidence that the applicant is unable to obtain credit from 
other sources. Letters from credit institutions which 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.)
    (7) If a FLH grant is desired, a statement concerning the need for 
a FLH grant. The statement should include preliminary estimates of the 
rents required with and without a grant.
    (8) 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).
    (9) A brief statement explaining the applicant's proposed method of 
operation and management (i.e., on-site manager, contract for 
management services, etc.). As stated earlier in this notice, the 
housing must be managed in accordance with the program's management 
regulation, 7 CFR part 3560 and tenancy is limited to ``disabled 
domestic farm laborers,'' ``domestic farm laborers,'' ``retired 
domestic farm laborers,'' as defined in 7 CFR 3560.11.
    (10) Applicants must also provide:
    (a) A copy of, or an accurate citation to, the special provisions 
of State law under which they are organized, a copy of the applicant's 
charter, Articles of Incorporation, and 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.
    (11) A preliminary market survey or market study 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 
the housing of ``domestic farm laborers'', as defined in 7 CFR 3560.11. 
The documentation must take into account disabled and retired farm 
workers. 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

[[Page 23842]]

who are apt to occupy the proposed housing;
    (b) A realistic estimate of the number of farm workers who remain 
in the area where they harvest 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;
    (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.)
    (12) 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://forms.sc.egov.usda.gov/eforms/mainserv/let.
    (13) A prepared HUD Form 935.2A, ``Affirmative Fair Housing 
Marketing Plan (AFHM) Multi-family Housing,'' in accordance with 7 CFR 
1901.203(c). The form can be found at http://www.hud.gov/offices/adm/hudclips/forms/files/935-2a.pdf. 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.
    (14) Evidence of site control, such as an option contract 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.
    (15) Preliminary plans and specifications, including plot plans, 
building layouts, and type of construction and materials. The housing 
must meet Rural Development'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.
    (16) A supportive services plan, which describes 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.
    (17) A proposed operating budget utilizing Form RD 3560-7, 
``Multiple Family Housing Project Budget/Utility Allowance,'' can be 
found at http://www.rurdev.usda.gov/regs/forms/3560-07.pdf.
    (18) An estimate of development cost utilizing Form RD 1924-13, 
``Estimate and Certificate of Actual Cost,'' can be found at http://forms.sc.egov.usda.gov/eforms/mainserv/let.
    (19) Form RD 3560-30, ``Certification of no Identity of Interest 
(IOI),'' can be found at http://www.rurdev.usda.gov/reqs/forms/3560-30.pdf and Form RD 3560-31, ``Identity of Interest Disclosure/
Qualification Certification,'' can be found at http://forms.sc.egov.usda.gov/eforms/mainserv/let.
    (20) Form HUD 2530, ``Previous Participation Certification,'' can 
be found at http://www.hud.gov/offices/adm/hudclips/forms/files/2530.pdf.
    (21) If requesting RA or Operating Assistance, Form RD 3560-25, 
``Initial Request for Rental Assistance or Operating Assistance,'' can 
be found at http://forms.sc.egov.usda.gov/eforms/mainserv/let.
    (22) A sources and uses statement which shows 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.
    (23) A separate one-page information sheet listing each of the 
``Pre-Application Scoring Criteria'' contained in this notice, followed 
by a reference to the page numbers of all relevant material and 
documentation that is contained in the proposal that supports the 
criteria.
    (24) Applicants are encouraged, but not required, to include a 
checklist of all of the pre-application requirements and to have their 
pre-application indexed and tabbed to facilitate the review process;
    (25) Evidence of compliance with Executive Order 12372. The 
applicant must send a copy of Form SF-424 to the applicant's state 
clearinghouse for intergovernmental review. If the applicant is located 
in a state that does not have a clearing house, the applicant is not 
required to submit the form.
    (26) Evidence of compliance with the requirements of the applicable 
State Housing Preservation Office (SHPO). A letter from the SHPO where 
the off-farm labor housing project is located, signed by their designee 
will serve as evidence of compliance.
    (27) Form RD 400-4, ``Assurance Agreement,'' can be found at http://forms.sc.egov.usda.gov/eforms/mainserv/let. Applications for 
revitalization, repair and rehab are to apply through the Multi-Family 
Housing Revitalization Demonstration Program.

V. Pre-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 notice. 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 pre-
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 pre-
applications in accordance with this notice. 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 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

[[Page 23843]]

to earn points; 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 using rounding to the nearest 
whole number.

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

    Donated land in proposals with less than ten percent total 
leveraged assistance: Two points.
    (b) Percent of units for seasonal, temporary, migrant housing.
    (1) Five points for up to and including 50 percent of the units; 
and
    (2) 10 points for 51 percent or more units used for seasonal, 
temporary, or migrant housing.
    (c) The selection criteria include one optional criterion set by 
the National Office. For FY 2009, the National Office selection 
criterion is as follows: (1) 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. (2) 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.
    (2) Rural Development State Offices will conduct the preliminary 
eligibility review, score the pre-applications, and forward them to the 
National Office.
    (3) The National Office will rank all pre-applications 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 pre-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. Rural Development will notify all applicants on 
whether their applications have been accepted or rejected.

VI. Award Administration Information

1. Award Notices

    Loan applicants must submit their initial applications by the due 
date specified in this notice. State Offices will review applications 
and provide a list to the National Office. Once the applications have 
been scored and ranked by the National Office the National Office, will 
advise States Offices of the proposals selected for further processing, 
State Offices will respond to applicants by letter. If the application 
is not accepted for further processing, the applicant will be notified 
of appeal rights under 7 CFR part 11.

2. Administrative and National Policy

    All Farm Labor Housing loans and grant made pursuant to a contract 
entered into on or after the effective date of 7 CFR part 3560 are 
subject to the restrictive-use provisions contained in 7 CFR 
3560.72(a)(2).

3. Reporting

    Borrowers must maintain separate financial records for the 
operation and maintenance of the project and the service component. 
Funds allocated to the operation and maintenance of the project may not 
be used to supplement the cost of services, nor may service component 
funds be used to supplement the project operation and maintenance. 
Detailed financial reports on the service component will not be 
required unless specifically requested by Rural Development, and then 
only to the extent necessary for Rural Development and the borrower to 
discuss the affordability (and competitiveness) of the service 
component by the tenant.
    The project audit, or verification of accounts on Form RD 3560-10, 
``Borrower Balance Sheet'', together with an accompanying Form RD 3560-
7 ``Multiple Family Housing Project Budget/Utility Allowance'' showing 
actuals, must allocate revenue and expense between project operations 
and the service component.

VII. Agency Contacts

    For application information, contact the Rural Development State 
Office listed in the addresses section of this notice.

VIII. Non-Discrimination Statement

    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). 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 and employer.

    Dated: May 13, 2009.
James C. Alsop,
Acting Administrator, Rural Housing Service.
[FR Doc. E9-11833 Filed 5-20-09; 8:45 am]
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