[Federal Register Volume 75, Number 38 (Friday, February 26, 2010)]
[Notices]
[Pages 8896-8902]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-3959]


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DEPARTMENT OF AGRICULTURE

Rural Housing Service


Notice of Funding Availability (NOFA) for Loan Guarantees Under 
Section 538 Guaranteed Rural Rental Housing Program (GRRHP) for Fiscal 
Year 2010

AGENCY: Rural Housing Service, USDA.

ACTION: NOFA.

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SUMMARY: This is a request for proposals for loan guarantees under the 
section 538 Guaranteed Rural Rental Housing Program (GRRHP) pursuant to 
7 CFR 3565.4 for Fiscal Year (FY) 2010. FY 2010 funding for the section 
538 program is $129,130,434.78. Applicants will submit proposals in the 
form of ``responses.'' Responses to this NOFA will be accepted until 
December 31, 2010, 12 p.m. Eastern Time. The commitment of program 
dollars will be made to applicants of selected responses that have 
fulfilled the necessary requirements for obligation. Expenses incurred 
in developing applications will be at the applicant's risk. The 
following paragraphs outline the timeframes, eligibility requirements, 
lender responsibilities, and the overall response and application 
processes.
    The GRRHP operates under 7 CFR part 3565. The GRRHP Origination and 
Servicing Handbook (HB-1-3565) is available to provide lenders and the 
general public with guidance on program administration. HB-1-3565, 
which contains a copy of 7 CFR part 3565 in Appendix 1, can be found 
at: http://www.rurdev.usda.gov/regs/hblist.html#hbw6.
    Eligible lenders are invited to submit responses for the new 
construction and the acquisition with rehabilitation of affordable 
rural rental housing.
    Also eligible for guarantees is the revitalization, repair, and 
transfer (as stipulated in 7 CFR 3560.406) of existing direct section 
515 housing (transfer costs are subject to Agency approval and must be 
an eligible use of loan proceeds as listed in 7 CFR 3565.205), and 
properties involved in the Agency's multi-family preservation and 
revitalization (MPR) program. Equity payments, as stipulated in 7 CFR 
3560.406, in connection with the transfer of existing direct section 
515 housing, are an eligible use of guaranteed loan proceeds. In order 
to be considered, for a transfer, the direct section 515 housing and 
MPR projects must need repairs and undergo revitalization of a minimum 
of $6,500 per unit.
    The Agency will review responses submitted by eligible lenders, on 
the lender's letterhead, and signed by both the prospective borrower 
and lender. Although a complete application is not required in response 
to this NOFA, eligible lenders may submit a complete application 
concurrently with the response. Submitting a complete application will 
not have any effect on the respondent's NOFA response score.

DATES: Eligible responses to this NOFA will be accepted per this 
guidance until December 31, 2010, 12 p.m. Eastern Time.
    Selected responses that develop into complete applications and meet 
all Federal environmental requirements will receive commitments until 
all funds are expended. A notice will be placed in the Federal Register 
if all FY 2010 funds are committed prior to September 30, 2010. 
Responses to this NOFA that are received after September 30, 2010, and 
deemed eligible for further processing will be funded to the extent an 
appropriation act provides funding for GRRHP for FY 2011.
    The Agency will select the responses that meet eligibility criteria 
and invite lenders to submit complete applications to the Agency. Those 
responses that are selected that subsequently submit complete 
applications that meet all program requirements and are received prior 
to or on April 1, 2010, but score less than 25 points, or score 25 
points or more, but have a development cost ratio equal to or greater 
than 70 percent, may be selected for obligation after April 1, 2010, 
with the highest scoring responses receiving priority subject to 
availability of funds. After April 1, 2010, responses that develop into 
complete applications that meet all program requirements will be 
selected for further processing regardless of score, subject to the 
availability of funding.
    The USDA Rural Development will prioritize the obligation requests 
received after April 1, 2010, using the highest score and the 
procedures outlined as follows. Once a complete application is received 
and approved, the Agency will obligate funds. Obligation requests 
submitted will be accumulated, but not obligated throughout the week 
until midnight Eastern Time every Thursday. To the extent that funds 
remain available, the Agency will obligate the requests accumulated 
through the weekly request deadline of the previous week by the 
following Tuesday (i.e., requests received from Friday, May 14, 2010, 
to Thursday, May 20, 2010, will be obligated by Tuesday, May 25, 2010). 
However, requests received prior to April 1, 2010, that are not 
eligible for obligation until after April 1, 2010, will be obligated no 
earlier than Tuesday, April 6, 2010. Funds will be obligated in scoring 
order, with the highest scoring requests being obligated first, until 
all funds are exhausted. In the event of a tie, priority will be given 
to the request for the project that: 1st--has the highest percentage of 
leveraging (lowest Loan to Cost) and in the event there is still a 
tie;--is in the smaller rural community.
    Eligible lenders mailing a response or application must provide 
sufficient time to permit delivery to the submission address on or 
before the closing deadline date and time. Acceptance by a U.S. Post 
Office or private mailer does not constitute delivery. Postage due 
responses and applications will not be accepted.
    Submission Address: Eligible lenders will send responses to the 
contact person in the State Office where the project will be located.
    USDA Rural Development State Offices, their addresses, telephone 
numbers, and person to contact follows: [this information may also be 
found at http://www.rurdev.usda.gov/recd_map.html]

    Note: Telephone numbers listed are not toll-free.

Alabama State Office, 4121 Carmichael Road, Suite 601, Sterling 
Centre, Montgomery, AL 36106-3683, (334) 279-3440, TDD (334) 279-
3495, Anne Chavers.
Alaska State Office, 800 West Evergreen, Suite 201, Palmer, AK 
99645, (907) 761-7740, TDD (907) 761-8905, Deborah Davis.
Arizona State Office, 230 North First Ave., Suite 206, Phoenix, AZ 
85003-1706, (602) 280-8768, TDD (602) 280-8706, Carol O. Torres.
Arkansas State Office, 700 W. Capitol Ave., Room 3416, Little Rock, 
AR 72201-3225, (501) 301-3250, TDD (501) 301-3279, Gregory Kemper.
California State Office, 430 G Street, 4169, Davis, CA 
95616-4169, (530) 792-5813, TDD (530) 792-5848, Edgar Morales.
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.

[[Page 8897]]

Delaware and Maryland State Office, 1221 College Park Drive, Suite 
200, Dover, DE 19904, (302) 857-3615, TDD (302) 857-3585, Debra 
Eason.
Florida & Virgin Islands State Office, 4440 N.W. 25th Terrace, P.O. 
Box 147010, Gainesville, FL 32614-7010, (352) 338-3400, TDD (352) 
338-3499, Tresca Clemmons.
Georgia State Office, Stephens Federal Building, 355 E. Hancock 
Avenue--Stop 307, 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) 933-8300, TDD (808) 933-8321, Nate Riedel.
Idaho State Office, 9173 West Barnes Dr., Suite A1, Boise, ID 83709, 
(208) 378-5630, TDD (208) 378-5644, Roni Atkins.
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 
46278-1966, (317) 290-3100 (ext. 413), Carla Orr Haskins.
Iowa State Office, 210 Walnut Street Room 873, Des Moines, IA 50273, 
(515) 284-4666, TDD (515) 284-4858, Heather Honkomp.
Kansas State Office, 1303 SW First American Place, Suite 100, 
Topeka, KS 66604-4040, (785) 271-2718, TDD (785) 271-2767, Tim 
Rogers.
Kentucky State Office, 771 Corporate Drive, Suite 200, Lexington, KY 
40503, (859) 224-7300, 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, Robert 
Nadeau.
Maryland, Served by Delaware State Office.
Massachusetts, Connecticut, & Rhode Island State Office, 451 West 
Street--Suite 2, Amherst, MA 01002, (413) 253-4315, TDD (413) 253-
4590, Paul D. Geoffroy.
Michigan State Office, 3001 Coolidge Road, Suite 200, East Lansing, 
MI 48823, (517) 324-5199, TDD (517) 324-5169, Julie Putnam.
Minnesota State Office, 375 Jackson Street, Suite 410, St. Paul, MN 
55101-1853, (651) 602-7804, TDD (651) 602-7830, Tom Osborne.
Mississippi State Office, Federal Building, Suite 831, 100 W. 
Capitol Street, Jackson, MS 39269, (601) 965-4326, TDD (601) 965-
5717, Darnella Smith-Murray.
Missouri State Office, 601 Business Loop 70 West, Parkade Center, 
Suite 235, Columbia, MO 65203, (573) 876-0987, TDD (573) 876-9480, 
Rachelle Long.
Montana State Office, 900 Technology Blvd. Suite B, Bozeman, MT 
59718, (406) 585-2530, TDD (406) 585-2562, Deborah Chorlton.
Nebraska State Office, Federal Building, Room 152, 100 Centennial 
Mall N, Lincoln, NE 68508, (402) 437-5734, TDD (402) 437-5093, Linda 
Anders.
Nevada State Office, 1390 South Curry Street, Carson City, NV 89703-
9910, (775) 887-1222 (ext. 13), TDD (775) 885-0633, William Brewer.
New Hampshire State Office, 10 Ferry Street, Concord, NH 03301-5004, 
Suite 218, Box 317, (603) 223-6050, TDD (802) 828-6365, Robert 
McCarthy.
New Jersey State Office, 8000 Midlantic Dr., 5th Floor North Suite 
500, Mt. Laurel, NJ 08054, (856) 787-7740, TDD (856) 787-7730, 
George Hyatt, Jr.
New Mexico State Office, 6200 Jefferson St., NE., Room 255, 
Albuquerque, NM 87109, (505) 761-4950, TDD (505) 761-4938, Art 
Garcia.
New York State Office, The Galleries of Syracuse, 441 S. Salina 
Street, Suite 357, Syracuse, NY 13202-2425, (585) 394-0525 ext. 109, 
TDD (315) 477-6447, Celeste Frohm.
North Carolina State Office, 4405 Bland Road, Suite 260, Raleigh, NC 
27609, (919) 873-2063, TDD 711 (state relay system), William Hobbs.
North Dakota State Office, Federal Building, Room 208, 220 East 
Rosser, P.O. Box 1737, Bismarck, ND 58502, (701) 530-2050, TDD (701) 
530-2090, Mark J. Wax.
Ohio State Office, Federal Building, Room 507, 200 North High 
Street, Columbus, OH 43215-2477, (614) 255-2418, TDD (800) 877-8339, 
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 
97232-1274, (503) 414-3353, TDD (503) 414-3387, Rod Hansen.
Pennsylvania State Office, One Credit Union Place, Suite 330, 
Harrisburg, PA 17110-2996, (717) 237-2279, TDD 711 (state relay 
system), Frank Wetherhold.
Puerto Rico State Office, 654 Munoz Rivera Avenue, Suite 601, Hato 
Rey, PR 00918, (787) 766-5095, TDD (787) 766-5332, Noemi Morant.
Rhode Island, Served by Massachusetts State Office.
South Carolina State Office, Strom Thurmond Federal Building, 1835 
Assembly Street, Room 1007, Columbia, SC 29201, (803) 253-3432, TDD 
(803) 765-5697, Larry D. Floyd.
South Dakota State Office, Federal Building, Room 210, 200 Fourth 
Street, SW., Huron, SD 57350, (605) 352-1132, TDD (605) 352-1147, 
Roger Hazuka or Pam Reilly.
Tennessee State Office, 3322 West End Avenue, Suite 300, Nashville, 
TN 37203, (615) 783-1300, TDD (615) 783-1397, Kathy G. Connelly.
Texas State Office, Federal Building, Suite 102, 101 South Main, 
Temple, TX 76501, (254) 742-9770, TDD (254) 742-9712, Joyce 
McGlothlin.
Utah State Office, Wallace F. Bennett Federal Building, 125 S. State 
Street, Room 4311, Salt Lake City, UT 84138, (801) 524-4302, TDD 
(801) 524-3309, Shelly Prothero.
Vermont State Office, City Center, 3rd Floor, 89 Main Street, 
Montpelier, VT 05602, (802) 828-6067, TDD (802) 223-6365, Kenneth 
Yearman.
Virgin Islands, Served by Florida State Office.
Virginia State Office, 1606 Santa Rosa Road, Suite 238, Richmond, VA 
23229, (804) 287-1596, TDD (804) 287-1753, C.J. Michels.
Washington State Office, 1835 Black Lake Blvd. SW., Suite B, 
Olympia, WA 98512, (360) 704-7740, TDD (360) 704-7772, Tammy Repine.
Western Pacific Territories, Served by Hawaii State Office.
West Virginia State Office, Federal Building, 1550 Earl Core Road, 
Suite 101, Morgantown, WV 26505, (304) 284-4872, TDD (304) 284-4836, 
David L. Cain.
Wisconsin State Office, 4949 Kirschling Court, Stevens Point, WI 
54481, (715) 345-7600, TDD (715) 345-7614, Dave Schwobe.
Wyoming State Office, P.O. Box 11005, Casper, WY 82602, (307) 856-
7524 ext. 124, TDD (307) 233-6733, Yvette Wilson.

FOR FURTHER INFORMATION CONTACT: Monica Cole, Financial and Loan 
Analyst, USDA Rural Development Guaranteed Rural Rental Housing 
Program, Multi-Family Housing Guaranteed Loan Division, U.S. Department 
of Agriculture, South Agriculture Building, Room 1263, STOP 0781, 1400 
Independence Avenue, SW., Washington, DC 20250-0781. E-mail: 
[email protected]. Telephone: (202) 720-1251. This number is not 
toll-free. Hearing or speech-impaired persons may access that number by 
calling the Federal Information Relay Service toll-free at (800) 877-
8339.

Eligibility of Prior Year Selected Notice of Funding Availability

    Responses: FY 2009 NOFA response selections that did not develop 
into complete applications within the time constraints stipulated by 
the corresponding State Office have been cancelled. A new response for 
the project may be submitted subject to the conditions of this NOFA.
    FY 2009 NOFA responses that were selected by the Agency, with a 
complete application (including all Federal environmental documents 
required by 7 CFR part 1940, subpart G, a Form RD 3565-1 ``Application 
for Loan and Guarantee'') submitted by the lender within 90 days from 
the date of notification of response selection (unless an extension was 
granted by the Agency), will be eligible for FY 2010 program dollars 
and will compete for available FY 2010 funds without having to complete 
a FY 2010 response.

General Program Information

    Program Purpose: The purpose of the GRRHP is to increase the supply 
of affordable rural rental housing through the use of loan guarantees 
that encourage partnerships between the

[[Page 8898]]

Agency, private lenders, and public agencies.
    Responses Must Be Submitted By: The Agency will only accept 
responses from GRRHP eligible or approved lenders as described in 7 CFR 
3565.102 and 3565.103 respectively.
    Qualifying Properties: Qualifying properties include new 
construction for multi-family housing units and the acquisition of 
existing structures with a minimum per unit rehabilitation expenditure 
requirement in accordance with 7 CFR 3565.252.
    Also eligible is the revitalization, repair and transfer (as 
stipulated in 7 CFR 3560.406) of existing direct section 515 housing 
(transfer costs are subject to Agency approval and must be an eligible 
use of loan proceeds as listed in 7 CFR 3565.205) and properties 
involved in the Agency's MPR program. Equity payment, as stipulated 7 
CFR 3560.406, in the transfer of existing direct section 515 housing, 
is an eligible use of guaranteed loan proceeds. In order to be 
considered, the transfer of direct section 515 housing and MPR projects 
must need repairs and undergo revitalization of a minimum of $6,500 per 
unit.
    Eligible Financing Sources: Any form of Federal, State, and 
conventional sources of financing can be used in conjunction with the 
loan guarantee, including Home Investment Partnership Program (HOME) 
grant funds, tax exempt bonds, and low income housing tax credits.
    Maximum Guarantee: The Agency can guarantee the ``permanent'' loan. 
The Agency can only guarantee construction advances for the 
construction of the property if a guarantee for the permanent loan is 
requested for the same property. The Agency cannot, however, guarantee 
only the ``construction'' advances for the construction of a property.
    The maximum guarantee for a permanent loan will be 90 percent of 
the unpaid principal and interest up to default and accrued interest 90 
calendar days from the date the liquidation plan is approved by the 
Agency, as defined in 7 CFR 3565.452. Penalties incurred as a result of 
default are not covered by the guarantee. The Agency may provide a 
lesser guarantee based upon its evaluation of the credit quality of the 
loan. The Agency's liability under any guarantee will decrease or 
increase, in proportion to any decrease or increase in the amount of 
the unpaid portion of the loan, up to the maximum amount specified in 
the Loan Note Guarantee. The maximum guarantee of construction advances 
will not at any time exceed the lesser of 90 percent of the amount of 
principal and interest up to default advanced for eligible uses of loan 
proceeds or 90 percent of the original principal amount and interest up 
to default of the loan. Penalties incurred as a result of default are 
not covered by the guarantee. The Agency may provide a lesser guarantee 
based upon its evaluation of the credit quality of the loan.
    Energy Conservation: USDA Rural Development has adopted a policy 
that all new multi-family housing projects financed in whole or in part 
by the USDA, will be encouraged to engage in sustainable building 
development that emphasizes energy-efficiency and conservation. In 
order to assist in the achievement of this goal, any GRRHP project that 
participates in one or all of the following programs may receive a 
maximum of twenty (20) additional points added to their project score. 
Participation in these nationwide initiatives is voluntary, but 
strongly encouraged.
    Reimbursement of Losses: Any losses will be split on a pro-rata 
basis between the lender and the Agency from the first dollar lost.
    Interest Credit: The FY 2010 appropriation act does not permit 
interest credit.
    Surcharges for Guarantee of Construction Advances: There is no 
surcharge for the guarantee of construction advances for FY 2010.
    Program Fees for FY 2010: As a condition of receiving a loan 
guarantee, the Agency will charge the following fees to the lender.
    (1) There is no application fee for lenders submitting an 
application in FY 2010.
    (2) There is a flat fee of $500 when a lender requests USDA Rural 
Development to extend the term of a guarantee commitment.
    (3) There is a flat fee of $500 when a lender requests USDA Rural 
Development to reopen an application when a commitment has expired.
    (4) There is a flat fee of $1,250 when a lender requests USDA Rural 
Development to approve the transfer of property and assumption of the 
loan to an eligible prospective borrower.
    (5) There is no lender application fee for lender approval in FY 
2010.
    Eligible Lenders: An eligible lender for the section 538 GRRHP as 
required by 7 CFR 3565.102 must be a licensed business entity or 
Housing Finance Agency (HFA) in good standing in the state or states 
where it conducts business. Lender eligibility requirements are 
contained in 7 CFR 3565.102. Please review 7 CFR 3565.102 for a 
complete list of all of the criteria. Below is a list of some of the 
eligible lender criteria under 7 CFR 3565.102:
    (1) Licensed business entity that meets the qualifications and has 
the approval of the Secretary of Housing and Urban Development (HUD) to 
make multi-family housing loans that are insured under the National 
Housing Act. A complete list of HUD approved lenders can be found on 
the HUD Web site at http://www.hud.gov.
    (2) A licensed business entity that meets the qualifications and 
has the approval of the Ginnie Mae or Freddie Mac or Fannie Mae 
corporations to make multi-family housing loans that are sold to the 
same corporations. A complete list of Freddie Mac approved lenders can 
be found in Freddie Mac's Web site at http://www.freddiemac.com. Fannie 
Mae approved lenders are found at http://www.fanniemae.com. For a list 
of Ginnie Mae issuers, contact Ginnie Mae at http://www.ginniemae.gov.
    (3) A State or local HFA with a top-tier rating from Moody's or 
Standard & Poors, or member of the Federal Home Loan Bank system, and 
the demonstrated ability to underwrite, originate, process, close, 
service, manage, and dispose of multi-family housing loans in a prudent 
manner.
    (4) Be a GRRHP approved lender, defined as an entity with a current 
executed multi-family housing Lender's Agreement with USDA Rural 
Development.
    (5) Lenders that can demonstrate the capacity to underwrite, 
originate, process, close, service, manage, and dispose of multi-family 
housing loans in a prudent manner. In order to be approved the lender 
will have to have an acceptable level of financial soundness as 
determined by a lender rating service. The submission of materials 
demonstrating capacity will be required if the lender's response is 
selected. Lenders who are otherwise ineligible may become eligible if 
they maintain a correspondent relationship with an eligible lender that 
does have the capacity to underwrite, originate, process, close, 
service, manage, and dispose of multi-family housing loans in a prudent 
manner. In this case, the eligible lender must submit the response and 
application on company letterhead. All contractual and legal 
documentation will be signed between USDA Rural Development and the 
lender that submitted the response and application.
    GRRHP Lender Approval Application: Lenders whose responses are 
selected will be notified by the USDA Rural Development to submit a 
request for GRRHP lender approval application within 30 days of 
notification. Lenders who request GRRHP approval must

[[Page 8899]]

meet the standards in the 7 CFR 3565. Lenders that have received GRRHP 
lender approval in the past and are in good standing do not need to 
reapply for GRRHP lender approval. Requirements for retaining approved 
lender status are defined in 7 CFR 3565.
    Submission of Documentation for GRRHP Lender Approval: All lenders 
that have not yet received GRRHP lender approval must submit a complete 
lender application to: Director, Multi-Family Housing Guaranteed Loan 
Division, Rural Development, U.S. Department of Agriculture, Room 1263, 
STOP 0781, 1400 Independence Avenue, SW., Washington, DC 20250-0781. 
Lender applications must be identified as ``Lender Application--Section 
538 Guaranteed Rural Rental Housing Program'' on the envelope.
    As the Section 538 program does not have a formal application form, 
a complete application consists of a cover letter requesting GRRHP 
lender approval and the following documentation:
    (1) Request for GRRHP lender approval on the lender's letterhead;
    (2) Lenders who are HUD, Ginnie Mae, Freddie Mac or Fannie Mae 
multi-family approved lenders are required to show evidence of this 
status, such as a copy of a letter designating the distinction;
    (3) The lender's Loan Origination, Loan Servicing, and Portfolio 
Management Handbooks. These handbooks should detail the lender's 
policies and procedures on loan origination through termination for 
multi-family loans;
    (4) Portfolio performance data;
    (5) Copies of standard documents that will be used in processing 
GRRHP loans;
    (6) Resumes and qualifications of key personnel that will be 
involved in the GRRHP;
    (7) Identification of standards and processes that deviate from 
those outlined in the GRRHP Origination and Servicing Handbook (HB-1-
3565) found at http://www.rurdev.usda.gov/regs/hblist.html#hbw6;
    (8) A copy of the most recent audited financial statements;
    (9) Lender specific information including: (a) Legal name and 
address, (b) list of principal officers and their responsibilities, (c) 
certification that the officers and principals of the lender have not 
been debarred or suspended from Federal programs, (d) Form AD 1047, 
``Certification Regarding Debarment, Suspension, and Other 
Responsibility Matters--Primary Covered Transaction'', (e) 
certification that the lender is not in default or delinquent on any 
Federal debt or loan, or possesses an outstanding finding of deficiency 
in a Federal housing program, and (f) certification of the lender's 
credit rating; and
    (10) Documentation on bonding and insurance.

Additional Construction Lender Requirements

    The Agency can guarantee the ``permanent'' loan. The Agency can 
only guarantee construction advances for the construction of the 
property if a guarantee for the permanent loan is requested for the 
same property. The Agency cannot, however, guarantee only the 
``construction'' advances for the construction of a property.
    A lender making a construction loan must demonstrate an ability to 
originate and service construction loans, in addition to meeting the 
other requirements of 7 CFR part 3565, subpart C. The Agency may, at 
its discretion, consider other types of construction loans--such as 
those for commercial development--as a substitute for multi-family 
construction experience.
    Lender Responsibilities: Lenders will be responsible for the full 
range of loan origination, underwriting, management, servicing, 
compliance issues, and property disposition activities associated with 
their projects. The lender will be expected to provide guidance to the 
prospective borrower on the Agency requirements during the application 
phase. Once the guarantee is issued, the lender is expected to service 
each loan it underwrites or contract these services to another capable 
entity.

Discussion of NOFA Responses

    Content of NOFA Responses: All responses require lender information 
and project specific data. Incomplete responses will not be considered 
for funding. Lenders will be notified of incomplete responses. Complete 
responses are to include a signed cover letter from the lender on the 
lender's letterhead and the following information:
    (1) Lender certification--The lender must certify that the lender 
will make a loan to the prospective borrower for the proposed project, 
under specified terms and conditions subject to the issuance of the 
GRRHP guarantee. Lender certification must be on the lender's 
letterhead and signed by both the lender and the prospective borrower.
    (2) Project specific data--The lender must submit the project 
specific data below on the lender's letterhead, signed by both the 
lender and the prospective borrower.

------------------------------------------------------------------------
            Data element              Information that must be included
------------------------------------------------------------------------
Lender Name........................  Insert the lender's name.
Lender Tax ID ............  Insert lender's tax ID .
Lender Contact Name................  Name of the lender contact for
                                      loan.
Mailing Address....................  Lender's complete mailing address.
Phone ....................  Phone  for lender contact.
Fax ......................  Insert lender's fax .
E-mail Address.....................  Insert lender contact e-mail
                                      address.
Borrower Name and Organization Type  State whether borrower is a Limited
                                      Partnership, Corporation, Indian
                                      Tribe, etc.
Equal Opportunity Survey...........  Optional Completion.
Tax Classification Type............  State whether borrower is for
                                      profit, not for profit, etc.
Borrower Tax ID ..........  Insert borrower's tax ID .
Borrower DUNS.............  Insert DUNS number.
Borrower Address, including County.  Insert borrower's address and
                                      county.
Borrower Phone ...........  Insert borrower's phone .
Principal or Key Member for the      Insert name and title.
 Borrower.
Borrower Information and Statement   Attach relevant information.
 of Housing Development Experience.
New Construction, Acquisition With   State whether the project is new
 Rehabilitation, or the               construction or acquisition with
 Revitalization, Repair, and          rehabilitation. Transfer costs,
 Transfer (as stipulated in 7 CFR     including equity payments, are
 3560.406) of Existing Direct         subject to Agency approval and
 Section 515 Housing or MPR.          must be an eligible use of loan
                                      proceeds in 7 CFR 3565.205.

[[Page 8900]]

 
Project Location Town or City......  Town or city in which the project
                                      is located.
Project County.....................  County in which the project is
                                      located.
Project State......................  State in which the project is
                                      located.
Project Zip Code...................  Insert zip code.
Project Congressional District.....  Congressional District for project
                                      location.
Project Name.......................  Insert project name.
Project Type.......................  Family, senior (all residents 55
                                      years or older), or mixed.
Property Description and Proposed    Provide as an attachment.
 Development Schedule.
Total Project Development Cost.....  Enter amount for total project.
 of Units.................  Insert the  of units in
                                      the project.
Ratio of 3-5 bedroom units to total  Insert percentage of 3-5 bedroom
 units.                               units to total units.
Cost Per Unit......................  Total development cost divided by
                                       of units.
Rent...............................  Proposed rent structure.
Median Income for Community........  Provide median income for the
                                      community.
Evidence of Site Control...........  Attach relevant information.
Description of Any Environmental     Attach relevant information.
 Issues.
Loan Amount........................  Insert the loan amount.
Borrower's Proposed Equity.........  Insert amount and source.
Tax Credits........................  Have tax credits been awarded?
                                     If tax credits were awarded, submit
                                      a copy of the award NOFA/evidence
                                      of award with your response.
                                     If not, when do you anticipate an
                                      award will be made (announced)?
                                     What is the [estimated] value of
                                      the tax credits?
Other Sources of Funds.............  List all funding sources other than
                                      tax credits and amounts for each
                                      source.
Loan to Total Development Cost.....  Guaranteed loan divided by the
                                      total development costs of
                                      project.
Debt Coverage Ratio................  Net Operating Income divided by
                                      debt service payments.
Percentage of Guarantee............  Percentage guarantee requested.
Collateral.........................  Attach relevant information.
Empowerment Zone (EZ) or Enterprise  Yes or No. Is the project in a
 Community (EC), Colonia, Tribal      recognized EZ or EC, Colonia, on
 Lands, or State's Consolidated       an Indian Reservation, or in a
 Plan or State Needs Assessment.      place identified in the State's
                                      Consolidated Plan or State Needs
                                      Assessment as a high need
                                      community for multi-family
                                      housing.
Is the Property Located in a         If yes, please provide
 Federally Declared Disaster Area?.   documentation (i.e., Presidential
                                      Declaration document).
Population.........................  Provide the population of the
                                      county, city, or town where the
                                      project is or will be located.
Is a Guarantee for Construction      State yes or no. The Agency can
 Being Requested?.                    guarantee the construction
                                      advances of the property if the
                                      guarantee for the permanent loan
                                      is requested for the same
                                      property.
Loan Term..........................  Minimum 25-year term.
                                     Maximum 40-year term (includes
                                      construction period).
                                     May amortize up to 40 years.
                                     Balloon mortgages permitted after
                                      the 25th year.
------------------------------------------------------------------------

    Scoring of Priority Criteria for Selection of Projects: All 2010 
responses will be scored based on the criteria set forth below to 
establish their priority for obligation of funds. Per 7 CFR 3565.5(b), 
priority will be given to projects: In smaller rural communities, in 
the most needy communities having the highest percentage of leveraging, 
having the lowest interest rate, or having the highest ratio of 3-5 
bedroom units to total units.
    On or prior to April 1, 2010, projects with an overall score of 25 
points or more and a loan to development cost ratio less than 70 
percent will be processed and, when ready, obligated on a first-come-
first-serve basis, to the extent funds are available. Projects that 
score less than 25 points, and projects that score 25 points or more 
and do not have a loan to development cost ratio less than 70 percent, 
may be processed up to the point of obligation, but will not be 
obligated until after April 1, 2010. After April 1, 2010, the Agency 
will select the highest scoring proposals using the procedure outlined 
in the DATES section of this NOFA.
    The seven priority criteria for projects are listed below.
    Priority 1--Projects located in eligible rural communities with the 
lowest populations will receive the highest points.

------------------------------------------------------------------------
                        Population size                           Points
------------------------------------------------------------------------
0-5,000 people.................................................       20
5,001-10,000 people............................................       15
10,001-15,000 people...........................................       10
15,001-20,000 people...........................................        5
------------------------------------------------------------------------

    Priority 2--The neediest communities as determined by the median 
income from the most recent census data will receive points. The Agency 
will allocate points to projects located in communities having the 
lowest median income. Points for median income will be awarded as 
follows:

------------------------------------------------------------------------
                    Median income (dollars)                       Points
------------------------------------------------------------------------
Less than $45,000..............................................       20
$45,000-less than $55,000......................................       15
$55,000-less than $65,000......................................       10
$65,000-less than $75,000......................................        5
$75,000 or more................................................        0
------------------------------------------------------------------------

    Priority 3--Projects that demonstrate partnering and leveraging in 
order to develop the maximum number of units and promote partnerships 
with state and local communities will also receive points. Points will 
be awarded as follows:

------------------------------------------------------------------------
      Loan to total development cost ratio (percentage %)         Points
------------------------------------------------------------------------
90-100.........................................................        0
Less than 90-70................................................       10
Less than 70-50................................................       20

[[Page 8901]]

 
Less than 50...................................................       30
------------------------------------------------------------------------

    Priority 4--The USDA Rural Development will award points to 
projects with the highest ratio of 3-5 bedroom units to total units as 
follows:

------------------------------------------------------------------------
           Ratio of 3-5 bedroom units to total units              Points
------------------------------------------------------------------------
More than 50%..................................................       10
21%-50%........................................................        5
Less than 21%-more than 0%.....................................        1
------------------------------------------------------------------------

    Priority 5--NOFA responses for the revitalization, repair, and 
transfer (as stipulated in 7 CFR 3560.406) of existing direct section 
515 housing and properties involved in the Agency's MPR program 
(transfer costs, including equity payments, are subject to Agency 
approval and must be an eligible use of loan proceeds listed in 7 CFR 
3565.205) will receive an additional 10 points.
    Priority 6--Projects that are energy-efficient and are certified by 
the following programs will receive twenty (20) points:
    (1) Green Communities sponsored by The Enterprise Foundation 
(http://www.enterprisefoundation.org) or
    (2) LEED for Homes Program by the U.S. Green Builders (USGBC) 
(http://www.usgbc.org) or
    (3) National Association of Home Builders (NAHB) ICC 700-2008 
National Green Building StandardTM (http://www.nahb.org) or
    (4) Any other program, specific to a state or region that is 
similar to the above three that is approved by the Agency.
    Notifications: Responses will be reviewed for completeness and 
eligibility. The USDA Rural Development will notify those lenders whose 
responses are selected via letter. The USDA Rural Development will 
request lenders without GRRHP lender approval to apply for GRRHP lender 
approval within 30 days upon receipt of notification of selection. For 
information regarding GRRHP lender approval, please refer to the 
section entitled ``Submission of Documentation for GRRHP Lender 
Approval'' in this NOFA.
    Lenders will also be invited to submit a complete application to 
the USDA Rural Development State Office where the project is located.
    Submission of GRRHP Applications: Notification letters will 
instruct lenders to contact the USDA Rural Development State Office 
immediately following notification of selection to schedule required 
agency reviews.
    USDA Rural Development State Office staff will work with lenders in 
the development of an application package. In response to the NOFA, 
lenders must submit a response to the office address identified in the 
NOFA for the scoring and ranking of a proposed GRRHP project. The 
lender must provide the requested information concerning the project, 
to establish the purpose of the proposed project, its location, and how 
it meets the established priorities for funding. The Agency will 
determine the highest ranked responses based on priority criteria and a 
threshold score.
    NOFA responses will at least include the following [but the Agency, 
at its sole discretion, may request additional information]:

(1) The Project

    (a) A brief description of the proposed location of the project, 
including town, county, state, and congressional district.
    (b) A description of the property and improvements, including lot 
size, number of units, building type, type of construction, etc., 
including preliminary drawings, if available.
    (c) The proposed development schedule.
    (d) Total project development cost.
    (e) The proposed rent structure and area median income (HUD 
published area median incomes can be found online at http://www.huduser.org).
    (f) Evidence of site control by the proposed borrower or a purchase 
option.
    (g) Description of any environmental issues that may affect the 
project.
    (h) Amount of loan to be guaranteed.
    (i) Type of project (e.g., elderly or family).

(2) The Proposed Financing

    (a) Proposed loan amount and the proposed borrower's equity.
    (b) Estimated development budget (total and cost/unit) and the 
proposed sources and uses of funds. This information should include all 
proposed financing sources--the amount, type, rates and terms of loans, 
tax credits, or grant funds. Letters of application and commitment 
letters should be included, if available.
    (c) Estimated loan-to-development cost ratio for the guaranteed 
loan.
    (d) Proposed Agency guarantee percentage for guaranteed loan.
    (e) Collateral--all security, in addition to the real property, 
proposed to secure the loan.

(3) The Proposed Borrower

    (a) The name of the borrower and the type of ownership entity. List 
the general partners if a limited partnership, officers if a 
corporation or members of a Limited Liability Corporation.
    (b) Borrower's contact name, mailing address, phone and fax 
numbers, and e-mail address.
    (c) Certification that the borrower or principals of the ownership 
are not barred from participating in Federal housing programs and are 
not delinquent on any Federal debt.
    (d) Borrower's unaudited or audited financial statements.
    (e) Statement of borrower's housing development experience.

(4) Lender Eligibility and Approval Status

    Evidence that the lender is either an approved lender for the 
purposes of the GRRHP or that the lender is eligible to apply for 
approved lender status. The lender's application for approved lender 
status can be submitted with the response but must be submitted to the 
National Office within 30 calendar days of the lender's receipt of the 
``Notice to Proceed with Application Processing'' letter.

(5) Competitive Criteria

    Information that shows how the proposal is responsive to the 
selection criteria specified in the NOFA.

(6) Lender Certification

    A commitment letter signed by the lender, on the lender's 
letterhead, indicating that the lender will make a loan to the borrower 
for the proposed project, under specified terms and conditions subject 
only to the issuance of a guarantee by the Agency. The deadline for the 
submission of a complete application and is 90 days from the date of 
notification of response selection. If the application is not received 
by the appropriate State Office within 90 days from the date of 
notification, the selection is subject to cancellation, thereby 
allowing another response that is ready to proceed with processing to 
be selected. The Agency has the ability to extend this 90-day deadline 
for receipt of an application at its own discretion.
    Obligation of Program Funds: The Agency will only obligate funds to 
projects that meet the requirements for obligation, including having 
undergone a satisfactory environmental review in accordance with the 
National Environmental Protection Act (NEPA) and completed Form RD 
3565-1 for the selected project.
    Conditional Commitment: Once the required documents for obligation 
are received and all NEPA requirements have been met, the USDA Rural 
Development State Office will issue a

[[Page 8902]]

conditional commitment, which stipulates the conditions that must be 
fulfilled before the issuance of a guarantee, in accordance with 7 CFR 
3565.303.
    Issuance of Guarantee: The USDA Rural Development Office will issue 
a guarantee to the lender for a project in accordance with 7 CFR 
3565.303. No guarantee can be issued without a complete application, 
review of appropriate certifications, satisfactory assessment of the 
appropriate level of environmental review, and the completion of any 
conditional requirements.

Non-Discrimination Statement

    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, 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, employer, and lender.''

    Dated: February 4, 2010.
Tammye H. Trevi[ntilde]o,
Administrator, Rural Housing Service.
[FR Doc. 2010-3959 Filed 2-25-10; 8:45 am]
BILLING CODE 3410-XV-P