[Federal Register Volume 74, Number 160 (Thursday, August 20, 2009)]
[Notices]
[Pages 42145-42154]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-19955]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF THE TREASURY


Community Development Financial Institutions Fund

    Funding Opportunity Title: Notice of Funds Availability (NOFA) 
inviting applications for the FY 2010 Funding Round of the Native 
American CDFI Assistance (NACA) Program.
    Announcement Type: Announcement of funding opportunity.
    Catalog of Federal Domestic Assistance (CFDA) Number: 21.020

DATES: Applications for Financial Assistance (FA) and/or Technical 
Assistance (TA) awards through the FY 2010 Funding Round of the NACA 
Program must be received by 5 p.m. Eastern Time (ET), October 7, 2009.
    Executive Summary: Subject to funding availability, this NOFA is 
issued in connection with the FY 2010 Funding Round of the NACA Program 
(the FY 2010 Funding Round). The NACA Program is administered by the 
Community Development Financial Institutions Fund (the Fund).

I. Funding Opportunity Description

    A. Through the NACA Program, the Fund provides: (i) FA awards to 
CDFIs that have at least 50 percent of their activities directed toward 
serving Native American, Alaskan Native, and/or Native Hawaiian 
Communities (Native CDFIs) that have Comprehensive Business Plans for 
creating demonstrable community development impact through the 
deployment of credit, capital, and financial services within their 
respective Target Markets or the expansion into new Investment Areas, 
Low-Income Targeted Populations, or Other Targeted

[[Page 42146]]

Populations, and (ii) TA grants to Native CDFIs, entities proposing to 
become Native CDFIs, and to Native organizations, Tribes, and Tribal 
organizations that propose to create Native CDFIs (Sponsoring 
Entities), in order to build their capacity to meet the community 
development and capital access needs of their existing or proposed 
Target Markets and/or to become certified Native CDFIs.
    B. The regulations governing the CDFI Program are found at 12 CFR 
part 1805 (the Regulations) and provide guidance on evaluation criteria 
and other requirements of the NACA Program. The Fund encourages 
Applicants to review the Regulations. Detailed application content 
requirements are found in the applicable funding application and 
related guidance materials. Each capitalized term in this NOFA is more 
fully defined in the Regulations, the application, or the guidance 
materials.
    C. 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.

II. Award Information

    A. Funding Availability: Through this NOFA, and subject to funding 
availability, the Fund expects that it may award approximately $12 
million in appropriated funds in the FY 2010 Funding Round. The Fund 
reserves the right to award in excess of $12 million in appropriated 
funds to Applicants in the FY 2010 Funding Round, provided that the 
funds are available and the Fund deems it appropriate.
    B. Availability of Funds for the FY 2010 Funding Round: Funds for 
the FY 2010 Funding Round have not yet been appropriated. If funds are 
not appropriated for the FY 2010 Funding Round, there will not be a FY 
2010 Funding Round. Further, it is possible that if funds are 
appropriated for the FY 2010 Funding Round, the amount of such funds 
may be greater than or less than the amounts set forth above. Further, 
if funds for the FY 2010 Funding Round are not appropriated, entities 
that are eligible to apply for CDFI Program funds and that might 
otherwise have applied for NACA Program funds are encouraged to apply 
for funds through the FY 2010 Funding Round of the CDFI Program.
    C. Types of Awards: An Applicant may submit an application either 
for: (i) A FA-only award; (ii) a FA award and a TA grant; or (iii) a 
TA-only grant.
    1. FA Awards: FA is intended to provide flexible financial support 
to CDFIs so that they may achieve the strategies outlined in their 
Comprehensive Business Plans. FA awards can be used in the following 
five categories: (i) Financial Products; (ii) Financial Services; (iii) 
Development Services; (iv) Loan Loss Reserves, Capital Reserves, or 
other activities/uses that support the activities in the Applicant's 
Comprehensive Business Plan; and/or (v) Operations. For purposes of 
this NOFA, Financial Products means loans, grants, equity investments, 
and similar financing activities, including the purchase of loans 
originated by certified CDFIs and the provision of loan guarantees, in 
the Applicant's Target Market, or for related purposes that the Fund 
deems appropriate (including administrative funds used to carry out 
Financial Products). Financial Services means checking and savings 
accounts, certified checks, automated teller machines services, deposit 
taking, remittances, safe deposit box services, and other similar 
services (including administrative funds used to carry out Financial 
Services). Development Services means activities that promote community 
development and are integral to the Applicant's provisions of Financial 
Products and Financial Services (including administrative funds used to 
carry out Development Services) including, for example, financial or 
credit counseling, housing and homeownership counseling (pre- and post-
), self-employment technical assistance, entrepreneurship training, and 
financial management skill-building. Loan Loss Reserves means funds 
that the Applicant will set aside in the form of cash reserves, or 
through accounting-based accrual reserves, to cover losses on loans, 
accounts, and notes receivable made in its Target Market, or for 
related purposes that the Fund deems appropriate (including 
administrative funds used to carry out Loan Loss Reserves). Capital 
Reserves means funds that the Applicant will set aside in the form of 
reserves to support the Applicant's ability to leverage other capital, 
for such purposes as increasing its net assets or serving the financing 
needs of its Target Market, or for related purposes that the Fund deems 
appropriate (including administrative funds used to carry out Capital 
Reserves). Operations means funds that the Applicant will use to carry 
out its Comprehensive Business Plan, and/or for related purposes that 
the Fund deems appropriate, that are not used to carry out or 
administer any of the foregoing eligible FA uses. FA awards are most 
commonly used for an Applicant's Financial Products since FA funds can 
be used to support the Applicant's community development lending 
activities.
    The Fund may provide FA awards in the form of equity investments 
(including, in the case of certain Insured Credit Unions, secondary 
capital accounts), grants, loans, deposits, credit union shares, or any 
combination thereof. The Fund reserves the right, in its sole 
discretion, to provide a FA award in a form and amount other than that 
which the Applicant requests; however, the award amount will not exceed 
the Applicant's award request as stated in its application. The Fund 
reserves the right, in its sole discretion, to provide a FA award to an 
Applicant on the condition that the Applicant agrees to use a TA grant 
for specified capacity-building purposes, even if the Applicant has not 
requested a TA grant. FA awards must be used to support the Applicant's 
activities; FA awards cannot be used to support the activities of, or 
otherwise be ``passed through'' to, third-party entities, whether 
Affiliates, Subsidiaries, or others, without the prior written 
permission of the Fund.
    2. TA Grants:
    (a) The Fund provides TA awards in the form of grants. The Fund 
reserves the right, in its sole discretion, to provide a TA grant for 
uses and amounts other than that which the Applicant requests; however, 
the award amount will not exceed the Applicant's award request as 
stated in its application and the applicable budget chart.
    (b) TA grants may be used to address a variety of needs including, 
but not limited to, development of strategic planning documents (such 
as strategic or capitalization plans), market analyses or product 
feasibility analyses, operational policies and procedures, curricula 
for Development Services (such as entrepreneurial training, home buyer 
education, financial education or training, or borrower credit repair 
training), improvement of underwriting and portfolio management, 
development of outreach and training strategies to enhance product 
delivery, operating support to expand into a new eligible market, and 
tools that allow the Applicant to assess the impact of its activities 
in its community.
    (c) Eligible TA grant uses include, but are not limited to: (i) 
Procuring professional services; (ii) acquiring/enhancing technology 
items, including computer hardware, software, and

[[Page 42147]]

Internet connectivity and related management information systems; (iii) 
acquiring training for staff, management, and/or board members; and 
(iv) paying recurring expenses, including staff salary and other key 
operating expenses, that will enhance the capacity of the Applicant to 
serve its Target Market and/or to become certified as a Native CDFI or 
to create a Native CDFI.
    D. Notice of Award; Assistance Agreement: Each Awardee under this 
NOFA must sign a Notice of Award and an Assistance Agreement in order 
to receive a disbursement of award proceeds by the Fund. The Notice of 
Award and the Assistance Agreement contain the terms and conditions of 
the award. For further information, see Sections VI.A and VI.B of this 
NOFA.

III. Eligibility Information

    A. Eligible Applicants: The Regulations specify the eligibility 
requirements that each Applicant must meet in order to be eligible to 
apply for assistance under this NOFA. The following sets forth 
additional detail and dates that relate to the submission of 
applications under this NOFA:
    1. FA Applicant Categories: All Applicants for FA awards through 
this NOFA must meet the following criteria:

                                         Table 1--FA Applicant Criteria
----------------------------------------------------------------------------------------------------------------
    FA applicant  category           Applicant criteria        Applicant may apply for:    Application  deadline
----------------------------------------------------------------------------------------------------------------
Native CDFI...................  A Certified/Certifiable      Up to and including          5:00 p.m. ET, October
                                 Native CDFI that meets all   $750,000 in FA funds, and    7, 2009.
                                 other eligibility            up to and including
                                 requirements described in    $150,000 in TA funds.
                                 this NOFA.
----------------------------------------------------------------------------------------------------------------


    Please note:  The Fund reserves the right, in its sole 
discretion, to award amounts in excess of or less than the 
anticipated maximum award amounts permitted in this NOFA, if the 
Fund deems it appropriate.

    2. TA Applicants: All Applicants for TA grants through this NOFA 
must meet the following criteria:

                                         Table 2--TA Applicant Criteria
----------------------------------------------------------------------------------------------------------------
    Applicant type           Criteria of applicant           Applicant can apply for:      Application due date
----------------------------------------------------------------------------------------------------------------
TA-Only..............  A Certified Native CDFI, a        Up to $150,000 for capacity-     5:00 p.m. ET, October
                        Certifiable Native CDFI, an       building activities.             7, 2009.
                        Emerging Native CDFI, or a
                        Sponsoring Entity.
FA/TA................  A Certified Native CDFI or a      Up to $150,000 in TA for         5:00 p.m. ET, October
                        Certifiable Native CDFI.          capacity-building activities.    7, 2009.
----------------------------------------------------------------------------------------------------------------

    The Fund, in its sole discretion, reserves the right to award 
amounts less than the anticipated maximum award amounts permitted in 
this NOFA, if the Fund deems it appropriate.
    3. Native CDFI Certification Requirements: For purposes of this 
NOFA, eligible FA Applicants include Certified Native CDFIs and 
Certifiable Native CDFIs; eligible TA Applicants include Certified 
Native CDFIs, Certifiable Native CDFIs, Emerging Native CDFIs, and 
Sponsoring Entities, defined as follows:
    (a) Certified Native CDFIs: For purposes of this NOFA, a Certified 
Native CDFI is an entity that has received official notification from 
the Fund that it meets all CDFI certification requirements as of the 
date of publication of this NOFA, the certification of which has not 
expired and that has not been notified by the Fund that its 
certification has been terminated. In cases where the Fund provided 
Native CDFIs with written notification that their certifications had 
been extended, the Fund will consider the extended certification date 
(the later date) to determine whether those Native CDFIs meet this 
eligibility requirement. When applicable, each such Applicant must 
submit a Certification of Material Events form to the Fund not later 
than September 16, 2009 (see Table 3--FY 2010 NACA Program Deadlines). 
The Certification of Material Events form can be found on the Fund's 
Web site at http://www.CDFIfund.gov.
    (b) Certifiable Native CDFIs: For purposes of this NOFA, a 
Certifiable Native CDFI is an entity from which the Fund has received a 
complete CDFI Certification application no later than September 16, 
2009 (see Table 3--FY 2010 NACA Program Deadlines), evidencing that the 
Applicant meets the requirements to be certified as a Native CDFI. The 
CDFI Certification application can be found on the Fund's Web site at 
http://www.CDFIfund.gov. If the Fund is unable to certify the 
organization as a Native CDFI based on the CDFI certification 
application submitted to the Fund, it is in the sole discretion of the 
Fund to terminate the Notice of Award and the award commitment. While a 
Certifiable Native CDFI may be conditionally selected for a FA award 
(as evidenced through the Notice of Award), the Fund will not enter 
into an Assistance Agreement or disburse award funds unless and until 
the Fund has officially certified the organization as a Native CDFI.
    (c) Emerging Native CDFIs: For purposes of this NOFA, an Emerging 
Native CDFI is an entity that demonstrates to the Fund's satisfaction 
that it has a reasonable plan to be a certified Native CDFI within two 
calendar years after both entities enter into an Assistance Agreement 
or such other date selected by the Fund. Emerging Native CDFIs may 
apply for TA grants only and are not eligible to apply for FA awards. 
Each Emerging Native CDFI selected to receive a TA grant will be 
required, pursuant to its Assistance Agreement with the Fund, to become 
certified as a Native CDFI by a certain date.
    (d) Sponsoring Entities: For the purposes of this NOFA, a 
Sponsoring Entity is an entity that proposes to create a separate legal 
entity that will become a certified Native CDFI. For purposes of this 
NOFA, Sponsoring Entities include: (a) A Tribe, Tribal entity, Alaska 
Native Village, Village Corporation, Regional Corporation, Non-Profit 
Regional Corporation/Association, or Inter-Tribal or Inter-Village 
organization; or (b) an organization whose primary mission is to serve 
a

[[Page 42148]]

Native Community including, but not limited to, an Urban Indian Center, 
Tribally Controlled Community College, community development 
corporation (CDC), training or education organization, or Chamber of 
Commerce, and that primarily serves a Native Community (meaning, at 
least 50 percent of its activities are directed toward the Native 
Community). Sponsoring Entities may only apply for TA grants; they are 
not eligible to apply for FA awards. Each Sponsoring Entity that is 
selected to receive a TA grant will be required, pursuant to its 
Assistance Agreement with the Fund, to create a legal entity by a 
certain date that will, in turn, seek Native CDFI certification and to 
transfer available award funds to that Native CDFI upon certification.
    4. Limitation on Awards: An Applicant may receive only one FA award 
through the FY 2010 Funding Round of the CDFI Program or the NACA 
Program. No Applicant may also receive a FY 2010 Bank Enterprise Award 
(BEA) Program award (subject to certain limitations; refer to the 
Regulations at 12 CFR 1805.102). An NACA Program Applicant, its 
Subsidiaries, or Affiliates also may apply for and receive a tax credit 
allocation through the New Markets Tax Credit (NMTC) Program, but only 
to the extent that the activities approved for NACA Program awards are 
different from those activities for which the Applicant receives a NMTC 
Program allocation.
    B. 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 meets the definition of Affiliate in 
the Regulations or an entity otherwise identified as an Affiliate by 
the Applicant in its funding application under this NOFA. Prior 
Awardees should note the following:
    1. $5 million Funding Cap: Congress waived the $5 million funding 
cap for the FY 2009 Funding Round, and it is possible that the $5 
million funding cap may be waived for the FY 2010 Funding Round as 
well. As of the publication date of this NOFA, however, such a waiver 
has not been enacted into law. Accordingly, the Fund is currently 
prohibited from obligating more than $5 million in assistance, in the 
aggregate, to any one organization and its Subsidiaries and Affiliates 
during any three-year period. In general, the three-year period extends 
back three years from the date that the Fund signs a Notice of Award; 
for purposes of this NOFA, and for ease of administration, the Fund 
will consider any assistance documented with a Notice of Award dated 
between October 1, 2007 and October 1, 2010 (which is the anticipated 
date that the Fund will issue Notices of Award for the FY 2010 Funding 
Round). However, in light of the possibility of a waiver of the $5 
million funding cap, an Applicant who is otherwise eligible under this 
NOFA, and is requesting an award amount that would cause the Applicant 
to exceed the $5 million funding cap, should submit an Application 
under this NOFA. The Fund will assess applicability of the $5 million 
funding cap during the award selection phase based upon whether the 
Congressional waiver has been enacted at that time.
    2. Failure to Meet Reporting Requirements: The Fund will not 
consider an application submitted by an Applicant if the Applicant, or 
an Affiliate of the Applicant, is a prior Awardee or allocatee under 
any Fund program and is not current on the reporting requirements set 
forth in a previously executed assistance, allocation, or award 
agreement(s), as of the applicable application deadline 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.
    3. Pending Resolution of Noncompliance: If an Applicant is a prior 
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, allocation, or award agreement, and (ii) 
the Fund has yet to make a final determination as to whether the entity 
is in default of its previous assistance, allocation, or award 
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 
is a prior Fund Awardee or allocatee and if such entity (i) has 
submitted complete and timely reports to the Fund that demonstrate 
noncompliance with a previous assistance, allocation, or award 
agreement and (ii) the Fund has yet to make a final determination as to 
whether the entity is in default of its previous assistance, 
allocation, or award 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.
    4. Default Status: The Fund will not consider an application 
submitted by an Applicant that is a prior 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, allocation, or award 
agreement(s). Further, an entity is not eligible to apply for an award 
pursuant to this NOFA if, as of the applicable application deadline of 
this NOFA, the Fund has made a final determination that an Affiliate of 
the Applicant is a prior Awardee or allocatee under any Fund program 
and has been determined by the Fund to be in default of a previously 
executed assistance, allocation, or award 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 award or allocation 
remains in default status or such other time period as specified by the 
Fund in writing.
    5. Termination in Default: The Fund will not consider an 
application submitted by an Applicant that is a prior Awardee or 
allocatee under any Fund program if (i) within the 12-month period 
prior to the applicable application deadline of this NOFA, the Fund has 
made a final determination that such Applicant`s prior award or 
allocation terminated in default of a previously executed assistance, 
allocation, or award agreement(s), and (ii) the final reporting period 
end date for the applicable terminated assistance, allocation, or award 
agreement(s) falls within the 12-month period prior to the application 
deadline of this NOFA. Further, an entity is not eligible to apply for 
an award pursuant to this NOFA if (i) within the 12-month period prior 
to the applicable application deadline, the Fund has made a final 
determination that an Affiliate of the Applicant is a prior Awardee or 
allocatee under any Fund program whose award or allocation terminated 
in default of a previously executed assistance, allocation, or award 
agreement(s), and (ii) the final reporting period end date for the 
applicable terminated assistance, allocation, or award agreement(s) 
falls within the 12-month period prior to the application deadline of 
this NOFA.
    6. Undisbursed Award Funds: The Fund will not consider an 
application submitted by an Applicant that is a prior Awardee under any 
Fund program if the Applicant has a balance of undisbursed award funds 
(as defined below) under said prior award(s), as of the applicable 
application deadline of this NOFA. Further, an entity is not eligible 
to apply for an award pursuant

[[Page 42149]]

to this NOFA if an Affiliate of the Applicant is a prior Awardee under 
any Fund program, and has a balance of undisbursed award funds under 
said prior award(s), as of the applicable application deadline of this 
NOFA. In a case where another entity that Controls the Applicant, is 
Controlled by the Applicant, or shares common management officials with 
the Applicant (as determined by the Fund) is a prior Awardee under any 
Fund program and has a balance of undisbursed award funds under said 
prior award(s), as of the applicable application deadline of this NOFA, 
the Fund will include the combined awards of the Applicant and such 
Affiliated entities when calculating the amount of undisbursed award 
funds.
    For purposes of the calculation of undisbursed award funds for the 
BEA Program, only awards made to the Applicant (and any Affiliates) 
three to five calendar years prior to the end of the calendar year of 
the application deadline of this NOFA are included (``includable BEA 
awards''). Thus, for purposes of this NOFA, undisbursed BEA Program 
award funds are the amount of FY 2004, 2005, and 2006 awards that 
remain undisbursed as of the application deadline of this NOFA.
    For purposes of the calculation of undisbursed award funds for the 
CDFI Program and the Native Initiatives Funding Programs, only awards 
made to the Applicant (and any Affiliates) two to five calendar years 
prior to the end of the calendar year of this NOFA are included 
(``includable CDFI/NI awards''). Thus, for purposes of this NOFA, 
undisbursed CDFI Program and NI awards are the amount of FYs 2004, 
2005, 2006, and 2007 awards that remain undisbursed as of the 
application deadline of this NOFA. The term ``Native Initiatives 
Funding Programs'' refers to the NACA Program and all prior Native 
American funding programs sponsored by the Fund, through which funds 
are no longer available, including the Native American CDFI Technical 
Assistance (NACTA) Component of the CDFI Program, the Native American 
CDFI Development (NACD) Program, and the Native American Technical 
Assistance (NATA) Component of the CDFI Program.
    To calculate total includable BEA/CDFI/NI awards: amounts that are 
undisbursed as of the application deadline of this NOFA cannot exceed 
five percent of the total includable awards. Please refer to an example 
of this calculation on the Fund's Web site, found in the Q&A document 
for the FY 2010 Funding Round.
    The ``undisbursed award funds'' calculation does not include: (i) 
Tax credit allocation authority made available through the NMTC 
Program; (ii) any award funds for which the Fund received a full and 
complete disbursement request from the Awardee by the applicable 
application deadline of this NOFA; (iii) any award funds for an award 
that has been terminated in writing by the Fund or deobligated by the 
Fund; or (iv) any award funds for an award that does not have a fully 
executed assistance or award agreement. The Fund strongly encourages 
Applicants requesting disbursements of ``undisbursed funds'' from prior 
awards to provide the Fund with a complete disbursement request at 
least 10 business days prior to the application deadline of this NOFA.
    7. Contact the Fund: Applicants that are prior Fund Awardees are 
advised to: (i) Comply with requirements specified in assistance, 
allocation, and/or award agreement(s), and (ii) contact the Fund to 
ensure that all necessary actions are underway for the disbursement or 
deobligation of any outstanding balance of said prior award(s). An 
Applicant that is unsure about the disbursement status of any prior 
award should contact the Fund's Senior Resource Manager via email at 
[email protected].
    C. Matching Funds: Congress waived the matching funds requirements 
for the FY 2009 Funding Round, and it is possible that the matching 
funds requirements may be waived for the FY 2010 Funding Round as well. 
As of the publication date of this NOFA, however, such a waiver has not 
been enacted into law. Accordingly, the Fund encourages Applicants to 
include matching funds documentation as instructed in the application; 
if the matching funds waiver is enacted, the Fund will not consider 
matching funds documentation. An Applicant that does not include 
matching funds documentation in its application runs the risk of being 
determined to be ineligible for funding under the FY 2010 Funding Round 
if said matching funds waiver is not enacted. In light of the 
possibility of a waiver of the matching funds requirements, an 
Applicant who would not satisfy the matching funds requirements but is 
otherwise eligible under this NOFA should submit an application under 
this NOFA. The Fund will assess applicability of the matching funds 
requirements during the award selection phase based upon whether the 
Congressional waiver has been enacted at that time.
    Accordingly, subject to the immediately preceding paragraph:
    1. Applicants responding to this NOFA must obtain non-Federal 
matching funds from sources other than the Federal government on the 
basis of not less than one dollar for each dollar of FA funds provided 
by the Fund (matching funds are not required for TA grants). Matching 
funds must be at least comparable in form and value to the FA provided 
by the Fund. For example, if an Applicant is requesting a FA award from 
the Fund, the Applicant must show that it has obtained matching funds 
through commitment(s) from non-Federal sources that are at least equal 
to the amount requested from the Fund. Applicants cannot use matching 
funds from a prior FA award under the NACA or CDFI Program or under 
another Federal grant or award program to satisfy the matching funds 
requirement of this NOFA. If an Applicant seeks to use as matching 
funds monies received from an organization that was a prior Awardee 
under the NACA or CDFI Program, the Fund will deem such funds to be 
Federal funds, unless the funding entity establishes to the reasonable 
satisfaction of the Fund that such funds do not consist, in whole or in 
part, of NACA or CDFI Program funds or other Federal funds. For the 
purposes of this NOFA, BEA Program awards may be used as matching 
funds. The Fund encourages Applicants to review the Regulations at 12 
CFR 1805.500 et seq. and matching funds guidance materials on the 
Fund's website for further information.
    2. Due to funding constraints and the desire to quickly deploy Fund 
dollars, the Fund will not consider for a FA award any Applicant that 
has no matching funds in-hand or firmly committed as of the application 
deadline of this NOFA. An Applicant for a FA award must demonstrate 
that it has eligible matching funds equal to no less than 25 percent of 
the amount of the FA award requested in-hand or firmly committed, on or 
after January 1, 2008, and on or before the application deadline. The 
Fund reserves the right to rescind all or a portion of a FA award and 
re-allocate the rescinded award amount to other qualified Applicant(s), 
if an Applicant fails to obtain in-hand 100 percent of the required 
matching funds by March 14, 2011 (with required documentation of such 
receipt received by the Fund not later than March 31, 2011), or to 
grant an extension of such matching funds deadline for specific 
Applicants selected to receive FA awards, if the Fund deems it 
appropriate. For any Applicant that demonstrates that it has less than 
100 percent of matching funds in-hand or

[[Page 42150]]

firmly committed as of the application deadline, the Fund will evaluate 
the Applicant's ability to raise the remaining matching funds by March 
14, 2011.
    3. Matching Funds Terms Defined; Required Documentation. (a) 
``Matching funds in-hand'' means the Applicant has actually received 
the matching funds. If the matching funds are ``in-hand,'' the 
Applicant must provide the Fund with acceptable written documentation 
of the source, form, and amount of the matching funds (i.e., grant, 
loan, deposit, and equity investment). For a loan, the Applicant must 
provide the Fund with a copy of the loan agreement and promissory note. 
For a grant, the Applicant must provide the Fund with a copy of the 
grant letter or agreement for all grants of $50,000 or more. For an 
equity investment, the Applicant must provide the Fund with a copy of 
the stock certificate and any related shareholder agreement. Further, 
if the matching funds are ``in-hand,'' the Applicant must provide the 
Fund with acceptable documentation that evidences its receipt of the 
matching funds proceeds, such as a copy of a check or a wire transfer 
statement.
    (b) ``Firmly committed matching funds'' means the Applicant has 
entered into or received a legally binding commitment from the matching 
funds source that the matching funds will be disbursed to the 
Applicant. If the matching funds are ``firmly committed,'' the 
Applicant must provide the Fund with acceptable written documentation 
to evidence the source, form, and amount of the firm commitment (and, 
in the case of a loan, the terms thereof), as well as the anticipated 
date of disbursement of the committed funds.
    4. The Fund may contact the matching funds source to discuss the 
matching funds and the documentation provided by the Applicant. If the 
Fund determines that any portion of the Applicant's matching funds is 
ineligible under this NOFA, the Fund, in its sole discretion, may 
permit the Applicant to offer alternative matching funds as a 
substitute for the ineligible matching funds; provided, however, that 
(i) the Applicant must provide acceptable alternative matching funds 
documentation within two business days of the Fund's request and (ii) 
the alternative matching funds documentation cannot increase the total 
amount of Financial Assistance requested by the Applicant.
    5. Special Rule for Insured Credit Unions: The Regulations allow an 
Insured Credit Union to use retained earnings to serve as matching 
funds for a FA grant in an amount equal to: (i) The increase in 
retained earnings that has occurred over the Applicant's most recent 
fiscal year; (ii) the annual average of such increases that has 
occurred over the Applicant's three most recent fiscal years; or (iii) 
the entire retained earnings that have been accumulated since the 
inception of the Applicant, as provided in the Regulations. For 
purposes of this NOFA, if option (iii) is used, the Applicant must 
increase its member and/or non-member shares or total loans outstanding 
by an amount that is equal to the amount of retained earnings that is 
committed as matching funds. This amount must be raised by the end of 
the Awardee's second performance period, as set forth in its Assistance 
Agreement, and will be based on amounts reported in the Applicant's 
Audited or Reviewed Financial Statements or NCUA Form 5300 Call Report. 
The Fund will assess the likelihood of this increase during the 
application review process. An award will not be made to any Applicant 
that has not demonstrated that it has increased shares or loans by at 
least 25 percent of the requested FA award amount between December 31, 
2008, and December 31, 2009, as demonstrated by the corresponding NCUA 
report.

IV. Application and Submission Information

    A. MyCDFIFund Accounts: All Applicants must register User and 
Organization accounts in myCDFIFund, the Fund's Internet-based 
interface. An Applicant must be registered as both a User and an 
Organization in myCDFIFund as of the applicable application deadline in 
order to be considered to have submitted a complete application. As 
myCDFIFund is the Fund's primary means of communication with Applicants 
and Awardees, organizations must make sure that they update the contact 
information in their myCDFIFund accounts before the applicable 
application deadline. For more information on myCDFIFund, please see 
the ``Frequently Asked Questions'' link posted at https://www.cdfifund.gov/myCDFI/Help/Help.asp.
    B. Form of Application Submission: Applicants must submit 
applications under this NOFA electronically. Applications sent by mail, 
facsimile, or other form will not be permitted, except in circumstances 
that the Fund, in its sole discretion, deems acceptable.
    C. Applications Submitted via myCDFIFund: Applicants must submit 
applications under this NOFA electronically, through myCDFIFund, the 
Fund's Internet-based interface. Please note that the Fund will not 
accept applications through Grants.gov. Applications sent by mail, 
facsimile, or other form will not be accepted except in circumstances 
approved by the Fund, in its sole discretion. The Fund will post to its 
Web site at http://www.cdfifund.gov instructions for accessing and 
submitting the application as soon as they become available.
    D. Application Content Requirements: Detailed application content 
requirements, including the required elements of the Comprehensive 
Business Plan, are found in the application and guidance. Each 
Applicant must provide, as part of its application submission, a Dun 
and Bradstreet Data Universal Numbering System (DUNS) number pursuant 
to OMB guidance (68 FR 38402). Applicants should allow sufficient time 
for the Internal Revenue Service (IRS) and/or Dun and Bradstreet to 
respond to inquiries and/or requests for identification numbers. In 
addition, each application must include a valid and current Employer 
Identification Number (EIN), with a letter or other documentation from 
the IRS confirming the Applicant's EIN. An electronic application that 
does not include an EIN is incomplete and cannot be transmitted to the 
Fund. Once an application is submitted, the Applicant will not be 
allowed to change any element of the application. The preceding 
sentences do not limit the Fund's ability to contact an Applicant for 
the purpose of obtaining clarifying or confirming application 
information (such as a DUNS number or EIN information).
    E. Under the Paperwork Reduction Act (44 U.S.C. chapter 35), an 
agency may not conduct or sponsor a collection of information, and an 
individual is not required to respond to a collection of information, 
unless it displays a valid OMB control number. Pursuant to the 
Paperwork Reduction Act, the application has been assigned the 
following control number: 1559-0025.
    F. Application Deadlines: 1. The following are the deadlines for 
submission of the NACA Program Funding Application, the CDFI 
Certification Application, and the Certification of Material Events 
form:

[[Page 42151]]



                                     Table 3--FY 2010 NACA Program Deadlines
                                            [All 5 p.m. ET deadlines]
----------------------------------------------------------------------------------------------------------------
              Document                     Submission deadline                 Last date to contact Fund
----------------------------------------------------------------------------------------------------------------
NACA Program Funding Application...  Wednesday, October 7, 2009.....  Monday, October 5, 2009.
CDFI Certification Application.....  Wednesday, September 16, 2009..  Monday, September 14, 2009.
Certification of Material Events     Wednesday, September 16, 2009..  Monday, September 14, 2009.
 Form.
----------------------------------------------------------------------------------------------------------------

    All NACA Program funding applications must be electronic and 
submitted through myCDFIFund. No paper submittals or attachments will 
be accepted. Please see the CDFI Certification application for 
requirements specific to that application.
    2. Late Delivery: The Fund will neither accept a late application 
nor any portion of an application that is late; an application that is 
late, or for which any portion is late, will be rejected. The Fund will 
not grant exceptions or waivers. Any application that is deemed 
ineligible will not be returned to the Applicant.
    G. Intergovernmental Review: Not applicable.
    H. Funding Restrictions: For allowable uses of FA proceeds, please 
see the Regulations at 12 CFR 1805.301.

V. Application Review Information

    A. Format: Funding applications must be single-spaced and use a 12-
point font with 1-inch margins. Each section in the application that is 
scored has page limitations. Applicants are encouraged to read each 
section carefully and to remain within the page limitations for each 
section. The Fund will not consider responses beyond the specified page 
limitation in each section. Also, the Fund will read only information 
requested in the application and will not read attachments that have 
not been specifically requested in this NOFA or the application, such 
as the Applicant's five-year strategic or marketing plans.
    B. Criteria: The Fund will evaluate each application on a 100-point 
scale using numeric scores with respect to the five sections required 
in the application. The Fund will score each section as indicated in 
the following table:

                  Table 4--Application Scoring Criteria
------------------------------------------------------------------------
                                                                 Scoring
                     Application sections                        points
------------------------------------------------------------------------
Market Analysis...............................................        25
Business Strategy.............................................        25
Community Development Performance & Effective Use.............        20
Management....................................................        20
Financial Health & Viability..................................        10
------------------------------------------------------------------------

    C. Technical Assistance Proposal: Any Applicant applying for a TA 
grant, either alone or in conjunction with a request for an FA award, 
must complete a Technical Assistance Proposal (TAP) as part of its 
application. The TAP consists of a summary of the organizational 
improvements needed to achieve the objectives of the Comprehensive 
Business Plan, a budget, and a description of the requested goods and/
or services comprising the TA award request. The budget and 
accompanying narrative will be evaluated for the eligibility and 
appropriateness of the proposed uses of the TA grant (described above). 
In addition, if the Applicant identifies a capacity-building need 
related to any of the evaluation criteria above (for example, if the 
Applicant requires a market need analysis or a community development 
impact tracking/reporting system), the Fund will assess its plan to use 
the TA grant to address said needs.
    1. Non-Certified Applicants: An Applicant that is not a Certified 
Native CDFI and that requests TA to address certification requirements 
must explain how the requested TA grant will assist the Applicant in 
meeting the certification requirements. The Fund will assess the 
reasonableness of the plan to become certified (as specified above in 
Section III, Eligibility Information; A.3. Native CDFI Certification 
Requirements), taking into account the requested TA. For example, if 
the Applicant does not currently make loans and therefore does not meet 
the Financing Entity requirement, it might describe how the TA funds 
will be used to hire a consultant to develop underwriting policies and 
procedures to support the Applicant's ability to start its lending 
activity.
    2. Recurring Activities: An Applicant that requests a TA grant for 
recurring activities must clearly describe the benefit that would 
accrue to its capacity or to its Target Market(s) (such as plans for 
expansion of staff, market, or products) as a result of the TA grant. 
If the Applicant is a prior Fund Awardee, it must describe how it has 
used the prior assistance and explain the need for additional Fund 
dollars over and above such prior assistance.
    D. Review and Selection Process: 1. Eligibility and Completeness 
Review: The Fund will review each application to determine whether it 
is complete and the Applicant meets the eligibility requirements set 
forth above. An incomplete application does not meet eligibility 
requirements and will be rejected. Any application that does not meet 
eligibility requirements will not be returned to the Applicant.
    2. Substantive Review: If an application is determined to be 
complete and the Applicant is determined to be eligible, the Fund will 
conduct the substantive review of the application in accordance with 
the criteria and procedures described in the Regulations, this NOFA, 
and the application and guidance. As part of the review process, the 
Fund may contact the Applicant by telephone, e-mail, mail, or through 
an on-site visit for the sole purpose of obtaining clarifying or 
confirming application information (such as statements of work, 
matching funds documentation, EINs, or DUNS numbers, for example). 
After submitting its application, the Applicant will not be permitted 
to revise or modify its application in any way nor attempt to negotiate 
the terms of an award. If contacted for clarifying or confirming 
information, the Applicant must respond within the time parameters set 
by the Fund.
    3. Application Scoring; Ranking: (a) Application Scoring: The Fund 
will evaluate each application on a 100-point scale, comprising the 
five criteria categories described above, and assign numeric scores. An 
Applicant must receive a minimum score in each evaluation criteria in 
order to be considered for an award.
    (b) Evaluating Prior Award Performance: In the case of an Applicant 
that has previously received

[[Page 42152]]

funding through any Fund program, the Fund will consider and will 
deduct points for: (i) The Applicant's noncompliance with any active 
award or award that terminated in the current calendar year in meeting 
its performance goals and measures, reporting deadlines, and other 
requirements set forth in the assistance or award agreement(s) with the 
Fund during the Applicant's two complete fiscal years prior to the 
application deadline of this NOFA; (ii) the Applicant's failure to make 
timely loan payments to the Fund during the Applicant's two complete 
fiscal years prior to the application deadline of this NOFA (if 
applicable); (iii) performance on any prior Assistance Agreement as 
part of the overall assessment of the Applicant's ability to carry out 
its Comprehensive Business Plan; and (iv) funds deobligated from a FY 
2007, 2008, or 2009 FA award (if the Applicant is applying for an FA 
award under this NOFA) if (A) the amount of deobligated funds is at 
least $200,000 and (B) the deobligation occurred within the 12 months 
prior to the application deadline under this NOFA. Any award 
deobligations that result in a point deduction for an application 
submitted under this NOFA will not be counted against future 
applications for FA through the NACA Program. In the case of an 
Applicant that has previously received funding through any Fund 
program, the Fund will consider and may, in its discretion, deduct 
points for those Applicants that have in any proceeding instituted 
against the Applicant in, by, or before any court, governmental, or 
administrative body or agency received a final determination within the 
last three years indicating that the Applicant has discriminated on the 
basis of race, color, national origin, disability, age, marital status, 
receipt of income from public assistance, religion, or sex.
    (c) Ranking: The Fund then will rank the applications by their 
scores, from highest to lowest.
    4. Award Selection: The Fund will make its final award selections 
based on the rank order of Applicants by their scores and the amount of 
funds available. In the case of tied scores, Applicants will be ranked 
according to each Applicant's combined scores in the Market Analysis, 
Business Strategy, and Community Development Performance & Effective 
Use sections; then the score on the Financial Health and Viability 
section; then the score on the Management section. In addition, the 
Fund shall consider the institutional and geographic diversity of 
Applicants when making its funding decisions.
    5. Insured Native CDFIs: In the case of Insured Depository 
Institutions and Insured Credit Unions, the Fund will take into 
consideration the views of the Appropriate Federal Banking Agencies. In 
the case of State-Insured Credit Unions, the Fund may consult with the 
appropriate state banking agencies (or comparable entity). The Fund 
will not approve an FA award to any Insured Credit Union (other than a 
State-Insured Credit Union) or Insured Depository Institution Applicant 
for which its Appropriate Federal Banking Agency indicates it has 
safety and soundness concerns, unless the Appropriate Federal Banking 
Agency asserts, in writing, that (i) improvement in status is imminent 
and such improvement is expected to occur within the next nine months 
or within such other time frame deemed acceptable by the Fund, or (ii) 
the safety and soundness condition of the Applicant is adequate to 
undertake the activities for which the Applicant has requested an FA 
award and the obligations of an Assistance Agreement related to such an 
FA award.
    6. Award Notification: Each Applicant will be informed of the 
Fund's award decision either through a Notice of Award (NOA) if 
selected for an award (see NOA section, below) or written declination 
if not selected for an award. The Fund will notify Awardees by e-mail 
using the addresses maintained in the Awardee's myCDFIFund account. 
Each Applicant that is not selected for an award, for reasons other 
than completeness or eligibility issues, will be provided a written 
debriefing on the strengths and weaknesses of its Application. This 
feedback will be provided in a format and within a timeframe to be 
determined by the Fund based on its available resources.
    7. The Fund reserves the right to reject an application if 
information (including administrative errors) comes to the attention of 
the Fund that either adversely affects an Applicant's eligibility for 
an award, adversely affects the Fund's evaluation or scoring of an 
application, or indicates fraud or mismanagement on the part of an 
Applicant. If the Fund determines that any portion of the application 
is incorrect in any material respect, the Fund reserves the right, in 
its sole discretion, to reject the application. The Fund reserves the 
right to change its eligibility and evaluation criteria and procedures, 
if the Fund deems it appropriate; if said changes materially affect the 
Fund's award decisions, the Fund will provide information regarding the 
changes through the Fund's website. There is no right to appeal the 
Fund's award decisions. The Fund's award decisions are final.

VI. Award Administration Information

    A. Notice of Award (NOA): The Fund will signify its conditional 
selection of an Applicant as an Awardee by delivering a signed NOA to 
the Applicant through its myCDFIFund account.
    The NOA will contain the general terms and conditions underlying 
the Fund's provision of assistance including, but not limited to, the 
requirement that the Awardee and the Fund enter into an Assistance 
Agreement. The Applicant must execute the NOA and return it to the 
Fund. By executing a NOA, the Awardee agrees, among other things, that, 
if prior to entering into an Assistance Agreement with the Fund, 
information (including administrative error) comes to the attention of 
the Fund that either adversely affects the Awardee's eligibility for an 
award, 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 NOA or take such other actions as it deems 
appropriate. Moreover, by executing a NOA, the Awardee agrees that, if 
prior to entering into an Assistance Agreement with the Fund, the Fund 
determines that the Awardee or an Affiliate of the Awardee is in 
default of any Assistance Agreement previously entered into with the 
Fund, the Fund may, in its discretion and without advance notice to the 
Awardee, either terminate the NOA or take such other actions as it 
deems appropriate. The Fund reserves the right, in its sole discretion, 
to rescind its award if the Awardee fails to return the NOA, signed by 
the authorized representative of the Awardee, along with any other 
requested documentation, within the deadline set by the Fund. For 
purposes of this section, the Fund will consider an Affiliate to mean 
any entity that meets the definition of Affiliate in the Regulations.
    1. Failure to Meet Reporting Requirements: If an Awardee or an 
Affiliate of the Awardee is a prior Awardee or allocatee under any Fund 
program and is not current on the reporting requirements set forth in 
the previously executed assistance, allocation, or award agreement(s), 
as of the date of the NOA, the Fund reserves the right, in its sole 
discretion, to delay entering into an Assistance Agreement until said 
prior Awardee or allocatee is current on the reporting requirements in

[[Page 42153]]

any previously executed assistance, allocation, or award 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 NOA and the award 
made under this NOFA.
    2. Pending Resolution of Noncompliance: If an Applicant is a prior 
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 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 Assistance Agreement, pending 
full resolution, in the sole determination of the Fund, of the 
noncompliance. Further, if an Affiliate of the Awardee is a prior Fund 
Awardee or allocatee 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 Assistance Agreement, pending full resolution, in the sole 
determination of the Fund, of the noncompliance. If the prior Awardee 
or allocatee in question is unable to satisfactorily resolve the issues 
of noncompliance, in the sole determination of the Fund, the Fund 
reserves the right, in its sole discretion, to terminate and rescind 
the NOA and the award made under this NOFA.
    3. Default Status: If, at any time prior to entering into an 
Assistance Agreement through this NOFA, the Fund has made a final 
determination that an Awardee that is a prior Awardee or allocatee 
under any Fund program is in default of a previously executed 
assistance, allocation, or award agreement(s), the Fund reserves the 
right, in its sole discretion, to delay entering into an Assistance 
Agreement, 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 Assistance Agreement through this NOFA, the 
Fund has made a final determination that an Affiliate of the Awardee is 
a prior Awardee or allocatee under any Fund program and is in default 
of a previously executed assistance, allocation, or award agreement(s), 
the Fund reserves the right, in its sole discretion, to delay entering 
into an Assistance Agreement, 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 and the Fund 
has not specified in writing that the prior Awardee or allocatee is 
otherwise eligible to receive an Award under this NOFA, the Fund 
reserves the right, in its sole discretion, to terminate and rescind 
the NOA and the award made under this NOFA.
    4. Termination in Default: If (i) within the 12-month period prior 
to entering into an Assistance Agreement through this NOFA, the Fund 
has made a final determination that an Awardee is a prior Awardee or 
allocatee under any Fund program whose award or allocation was 
terminated in default of such prior agreement, and (ii) the final 
reporting period end date for the applicable terminated agreement falls 
within the 12-month period prior to the application deadline of this 
NOFA, the Fund reserves the right, in its sole discretion, to delay 
entering into or determine not to enter into an Assistance Agreement. 
Further, if (i) within the 12-month period prior to entering into an 
Assistance Agreement through this NOFA, the Fund has made a final 
determination that an Affiliate of the Awardee is a prior Awardee or 
allocatee under any Fund program whose award or allocation was 
terminated in default of such prior agreement, and (ii) the final 
reporting period end date for the applicable terminated agreement falls 
within the 12-month period prior to the application deadline of this 
NOFA, the Fund reserves the right, in its sole discretion, to delay 
entering into or determine not to enter into an Assistance Agreement.
    5. Compliance with Federal Anti-Discrimination Laws: If the Awardee 
has previously received funding through any Fund program, and if at any 
time prior to entering into an Assistance Agreement through this NOFA, 
the Fund is made aware of a final determination, made within the last 
three years, in any proceeding instituted against the Awardee in, by, 
or before any court, governmental, or administrative body or agency, 
declaring that the Awardee has discriminated on the basis of race, 
color, national origin, disability, age, marital status, receipt of 
income from public assistance, religion, or sex, the Fund reserves the 
right, in its sole discretion, to terminate and rescind the Notice of 
Award and the award made under this NOFA.
    B. Assistance Agreement: Each Applicant that is selected to receive 
an award under this NOFA must enter into an Assistance Agreement with 
the Fund in order to receive disbursement of award proceeds. The 
Assistance 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 award; (iii) the approved 
uses of the award; (iv) the approved eligible market to which the 
funded activity must be targeted; (v) performance goals and measures; 
and (vi) reporting requirements for all Awardees. TA-only Sponsoring 
Entity, FA-only, and FA/TA Assistance Agreements under this NOFA 
generally will have three-year performance periods; TA-only Assistance 
Agreements generally will have two-year performance periods.
    The Fund reserves the right, in its sole discretion, to terminate 
the Notice of Award and rescind an award if the Awardee fails to return 
the Assistance Agreement, signed by the authorized representative of 
the Awardee, and/or provide the Fund with any other requested 
documentation, within the deadlines set by the Fund.
    Each FA Awardee must provide the Fund with a certificate of good 
standing (or equivalent documentation) from its state (or jurisdiction) 
of incorporation.
    C. Reporting: 1. Reporting Requirements: The Fund will collect 
information, on at least an annual basis, from each Awardee including, 
but not limited to, an Annual Report that comprises the following 
components: (i) Financial Reports (including an OMB A-133 audit, as 
applicable; however Financial Reports are not required of Sponsoring 
Entities); (ii) Institution Level Report; (iii) Transaction Level 
Report (for Awardees receiving FA awards); (iv) Financial Status Report 
form SF-269/SF-425 (for Awardees receiving TA grants); (v) Uses of 
Financial Assistance (for Awardees receiving FA awards); (vi) 
Explanation of Noncompliance (as applicable); and (vii) 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

[[Page 42154]]

actually is completed by another entity or signatory to the Assistance 
Agreement. If such other entities or signatories are required to 
provide Institution Level Reports, Transaction 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 
entities or signatories to the Assistance 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 Assistance Agreement and to assess the 
impact of the NACA Program. The Institution Level Report and the 
Transaction Level Report must be submitted through the Fund's web-based 
data collection system, the Community Investment Impact System (CIIS). 
The Financial Reports 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 FA 
and TA awards through this NOFA to account for and track the use of 
said FA and TA awards. This means that for every dollar of FA and TA 
awards received from the Fund, the Awardee will be required to inform 
the Fund of its uses. This will require Awardees to establish separate 
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 complete 
and accurate Automated Clearinghouse (ACH) form for its bank account 
prior to award closing and disbursement.

VII. Agency Contacts

    A. 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 three days prior to the application deadline. The Fund will not 
respond to questions or provide support concerning the applications 
that are received after 5 p.m. ET on said dates, until after the 
funding application deadline. Applications and other information 
regarding the Fund and its programs may be obtained from the Fund's Web 
site at http://www.cdfifund.gov. The Fund will post responses on its 
Web site to questions of general applicability regarding the NACA 
Program.
    B. The Fund's contact information is as follows:

                                          Table 5--Contact Information
                                   [Fax number for all offices: 202-622-7754]
----------------------------------------------------------------------------------------------------------------
                                         Telephone number (not toll
            Type of question                        free)                          E-mail addresses
----------------------------------------------------------------------------------------------------------------
NACA Program...........................  202-622-6355..............  [email protected].
CDFI Certification.....................  202-622-6355..............  [email protected].
Compliance Monitoring and Evaluation...  202-622-6330..............  [email protected].
Information Technology Support.........  202-622-2455..............  [email protected].
----------------------------------------------------------------------------------------------------------------

    C. Information Technology Support: People who have visual or 
mobility impairments that prevent them from creating a Target Market 
map using the Fund's Web site should call (202) 622-2455 for assistance 
(this is not a toll free number).
    D. Communication with the CDFI Fund: The Fund will use the 
myCDFIFund Internet interface to communicate with Applicants and 
Awardees, using the contact information maintained in their respective 
myCDFIFund accounts. Therefore, the Applicant 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 its 
myCDFIFund account(s). For more information about myCDFIFund (which 
includes information about the Fund's Community Investment Impact 
System), please see the Help documents posted at http://www.cdfifund.gov/ciis/accessingciis.pdf.

VIII. Information Sessions and Outreach

    The Fund may conduct webinars or host information sessions for 
organizations interested in applying to, or learning about, the Fund's 
programs. For further information, please visit the Fund's Web site at 
http://www.cdfifund.gov.

    Authority:  12 U.S.C. 4703, 4704, 4706, 4707, 4717; 12 CFR part 
1805.

    Dated: August 13, 2009.
Donna J. Gambrell,
Director, Community Development Financial Institutions Fund.
[FR Doc. E9-19955 Filed 8-19-09; 8:45 am]
BILLING CODE 4810-70-P