[Federal Register Volume 75, Number 58 (Friday, March 26, 2010)]
[Notices]
[Pages 14661-14668]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-6738]


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DEPARTMENT OF THE TREASURY

Community Development Financial Institutions Fund


Bank Enterprise Award (BEA) Program; Notice of Funds Availability

    Funding Opportunity Title: Notice of Funds Availability (NOFA) 
inviting applications for the FY 2010 Funding Round of the Bank 
Enterprise Award (BEA) Program.
    Announcement Type: Announcement of funding opportunity.
    Catalog of Federal Domestic Assistance (CDFA) Number: 21.021.

DATES: Applications for the FY 2010 funding round of the BEA Program 
must be received by 5 p.m. ET on May 5, 2010. Applications must meet 
all eligibility and other requirements and deadlines, as applicable, 
set forth in this NOFA. Applications received after 5 p.m. ET on May 5, 
2010 will be rejected.
    Executive Summary: Subject to funding availability, this NOFA is 
issued in connection with the FY 2010 funding round of the BEA Program. 
The BEA Program is administered by the Community Development Financial 
Institutions (CDFI) Fund. The BEA Program encourages Insured Depository 
Institutions to increase their levels of loans, investments, services, 
and technical assistance within Distressed Communities, and financial 
assistance to CDFIs through grants, stock purchases, loans, deposits, 
and other forms of financial and technical assistance, during a 
specified period.

I. Funding Opportunity Description

    A. Baseline Period and Assessment Period dates: A BEA Program award 
is based on an Applicant's increases in Qualified Activities from the 
Baseline Period to the Assessment Period. For the FY 2010 funding 
round, the Baseline Period is calendar year 2008 (January 1, 2008 
through December 31, 2008), and the Assessment Period is calendar year 
2009 (January 1, 2009 through December 31, 2009).
    B. Program regulations: The regulations governing the BEA Program 
can be found at 12 CFR part 1806 (the Interim Rule) and provide 
guidance on evaluation criteria and other requirements of the BEA 
Program. The CDFI Fund encourages Applicants to review the Interim 
Rule. Detailed application content requirements are found in the 
application related to this NOFA. Each capitalized term in this NOFA is 
more fully defined either in the Interim Rule or the application.
    C. Qualified Activities: Qualified Activities are defined in the 
Interim Rule to include CDFI Related Activities, Distressed Community 
Financing Activities, and Service Activities (12 CFR 1806.103(nn)). 
CDFI Related Activities include Equity Investments, Equity-Like Loans, 
and CDFI Support Activities (12 CFR 1806.103(r)). Distressed Community 
Financing Activities (12 CFR 1806.103(u)) include Affordable Housing 
Loans, Affordable Housing Development Loans and related Project 
Investments; Education Loans; Commercial Real Estate Loans and related 
Project Investments; Home Improvement Loans; and Small Business Loans 
and related Project Investments. Service Activities (12 CFR 
1806.103(nn)) include Deposit Liabilities, Financial Services, 
Community Services, Targeted Financial Services, and Targeted Retail 
Savings/Investment Products.
    When calculating BEA Program award amounts, the CDFI Fund will 
count only the amount that an Applicant reasonably expects to disburse 
for a Qualified Activity within 12 months from the end of the 
Assessment Period. Subject to the requirements outlined in Section VII. 
B.1. of this NOFA, in the case of Commercial Real Estate Loans and CDFI 
Related Activities, the total principal amount of the transaction must 
be $10 million or less to be considered a Qualified Activity. 
Notwithstanding the foregoing, the CDFI Fund, in its sole discretion, 
may consider transactions with a total principal value of over $10 
million, subject to review. Qualified Activities funded with prior 
funding round Award dollars shall not constitute a Qualified Activity 
for the purposes of calculating or receiving an Award.
    D. Designation of Distressed Community: Each CDFI Partner that is 
the recipient of CDFI Support Activities from an Applicant must 
designate a Distressed Community. CDFI Partners that receive Equity 
Investments are not required to designate Distressed Communities. 
Applicants applying for a BEA Program award for carrying out Distressed 
Community Financing Activities or Service Activities must verify that 
addresses of both Baseline and Assessment Period activities are in 
Distressed Communities when completing their application. Please note 
that a Distressed Community as defined by the BEA Program is not 
necessarily the same as an Investment Area as defined by the CDFI 
Program or a Low-Income Community as defined by the New Markets Tax 
Credit (NMTC) Program.
    1. Definition of Distressed Community: A Distressed Community must 
meet certain minimum geographic area and distress requirements, which 
are defined in the Interim Rule at 12 CFR 1806.103(t) and more fully 
described in 12 CFR 1806.200.
    2. Designation of Distressed Community: A CDFI Partner (as 
appropriate) shall designate an area as a Distressed Community by:
    (a) Selecting Geographic Units which individually meet the minimum 
area eligibility requirements; or
    (b) selecting two or more Geographic Units which, in the aggregate, 
meet the minimum area eligibility requirements set forth in paragraph 
(1) of this section provided that no Geographic Unit selected by the 
Applicant within the area has a poverty rate of less than 20 percent.

[[Page 14662]]

    A CDFI Partner designates a Distressed Community by submitting a 
map of the Distressed Community as described in the applicable BEA 
Program application. CDFI Partners must use the CDFI Fund Information 
Mapping System (CIMS) to designate Distressed Communities. CIMS is 
accessed through myCDFIFund and contains step-by-step instructions on 
how to create and print the aforementioned map of the Distressed 
Community. MyCDFIFund is an electronic interface that is accessed 
through the CDFI Fund's Web site (http://www.cdfifund.gov). 
Instructions for registering with myCDFIFund are available on the CDFI 
Fund's Web site. If you have any questions or problems with 
registering, please contact the CDFI Fund IT HelpDesk by telephone at 
(202) 622-2455, or by e-mail to [email protected].

II. Award Information

    A. Award amounts: Subject to funding availability, the CDFI Fund 
expects that it may award approximately $25 million for FY 2010 BEA 
Program awards, in appropriated funds under this NOFA. The CDFI Fund 
reserves the right to award in excess of said funds under this NOFA, 
provided that the appropriated funds are available. The CDFI Fund 
reserves the right to impose a maximum award amount. Under no 
circumstances will an award be higher than $2 million for any Awardee. 
The CDFI Fund also reserves the right to impose a minimum award amount. 
Further, the CDFI 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 CDFI Fund reserves the right to reallocate funds from the 
amount that is anticipated to be available under this NOFA to other 
CDFI Fund programs, or reallocate remaining funds to a future BEA 
funding round, if the CDFI Fund determines that the number of awards 
made under this NOFA is fewer than projected.
    When calculating award amounts, the CDFI Fund will count only the 
amount that an Applicant reasonably expects to disburse on a 
transaction within 12 months from the end of the Assessment Period.
    B. Types of awards: BEA Program awards are made in the form of 
grants.
    C. Notice of Award and Award Agreement: Each awardee under this 
NOFA must sign a Notice of Award and an Award Agreement prior to 
disbursement by the CDFI Fund of award proceeds. The Notice of Award 
and the Award Agreement contains the terms and conditions of the award. 
For further information, see Section VIII of this NOFA.

III. Eligibility

    A. Eligible Applicants: Eligible Applicants for the BEA Program 
must be Insured Depository Institutions, as defined in 12 U.S.C. 
1813(c)(2). An Applicant must be FDIC-insured as of December 31, 2009 
for the FY 2010 funding round to be eligible for consideration for a 
BEA Program award under this NOFA. For the purposes of this NOFA, an 
eligible CDFI Applicant is an Insured Depository Institution that has 
been certified as a CDFI as of the end of the applicable Assessment 
Period.
    In determining eligibility to receive an Award, the CDFI Fund may 
take into consideration the views of the appropriate Federal bank 
regulatory agency, as defined in Section 3 of the Federal Deposit 
Insurance Act (12 U.S.C. 1813(q)). The CDFI Fund may choose not to 
approve a BEA award to an Insured Depository Institution Applicant for 
which the appropriate Federal bank regulatory agency indicates safety 
and soundness concerns. In addition, the CDFI Fund may take into 
consideration Community Reinvestment Act (CRA) assessments of Insured 
Depository Institutions and/or their Affiliates.
    1. Prior awardees: Applicants must be aware that success in a prior 
round of any of the CDFI Fund's programs is not indicative of success 
under this NOFA. For purposes of this section, the CDFI Fund will 
consider an Affiliate to be any entity that Controls (as such term is 
defined in paragraph (f) below) the Applicant, is Controlled by the 
Applicant or is under common Control with the Applicant (as determined 
by the CDFI Fund) and any entity otherwise identified as an affiliate 
by the Applicant in its Application under this NOFA. Prior BEA Program 
Awardees and prior awardees of other CDFI Fund programs are eligible to 
apply under this NOFA, except as follows:
    (a) Failure to meet reporting requirements: The CDFI Fund will not 
consider an application submitted by an Applicant if the Applicant or 
its Affiliate is a prior CDFI Fund awardee or allocatee under any CDFI 
Fund program and is not current on the reporting requirements set forth 
in the previously executed assistance, award or allocation 
agreement(s), as of the application deadline(s) of this NOFA. Please 
note that the CDFI Fund only acknowledges the receipt of reports that 
are complete. As such, incomplete reports or reports that are deficient 
of required elements will not be recognized as having been received.
    (b) Pending resolution of noncompliance: If an Applicant that is a 
prior awardee or allocatee under any CDFI Fund program: (i) Has 
submitted complete and timely reports to the CDFI Fund that demonstrate 
noncompliance with a previous assistance, award or allocation 
agreement, and (ii) the CDFI 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 CDFI Fund will consider the 
Applicant's application under this NOFA pending full resolution, in the 
sole determination of the CDFI Fund, of the noncompliance. Further, if 
an Affiliate of the Applicant that is a prior CDFI Fund awardee or 
allocatee under any CDFI Fund program: (i) Has submitted complete and 
timely reports to the CDFI Fund that demonstrate noncompliance with a 
previous assistance, award or allocation agreement, and (ii) the CDFI 
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 CDFI Fund will consider the Applicant's application under this NOFA 
pending full resolution, in the sole determination of the CDFI Fund, of 
the noncompliance.
    (c) Default status: The CDFI Fund will not consider an application 
submitted by an Applicant that is a prior CDFI Fund awardee or 
allocatee under any CDFI Fund program if, as of the applicable 
application deadline of this NOFA, the CDFI Fund has made a final 
determination that such Applicant is in default of a previously 
executed assistance, award or allocation agreement(s). Further, an 
entity is not eligible to apply for an award pursuant to this NOFA if, 
as of the applicable application deadline, the CDFI Fund has made a 
final determination that an Affiliate of the Applicant: (i) Is a prior 
CDFI Fund awardee or allocatee under any CDFI Fund program, and (ii) 
has been determined by the CDFI Fund to be in default of a previously 
executed assistance, award or allocation agreement(s). Such entities 
will be ineligible to apply for an award pursuant to this NOFA so long 
as the Applicant's, or its Affiliate's, prior award or allocation 
remains in default status or such other time period as specified by the 
CDFI Fund in writing.
    (d) Termination in default: The CDFI Fund will not consider an 
application submitted by an Applicant that is a prior CDFI Fund awardee 
or allocatee under any CDFI Fund program if, within the 12-month period 
prior to the

[[Page 14663]]

application deadline of this NOFA, the CDFI Fund has made a final 
determination that such Applicant's prior award or allocation 
terminated in default of the assistance, award or allocation agreement 
and the CDFI Fund has provided written notification of such 
determination to such Applicant. Further, an entity is not eligible to 
apply for an award pursuant to this NOFA if, within the 12-month period 
prior to the application deadline of this NOFA, the CDFI Fund has made 
a final determination that an Affiliate of the Applicant is a prior 
CDFI Fund awardee or allocatee under any CDFI Fund program whose award 
or allocation terminated in default of the assistance, award or 
allocation agreement and the CDFI Fund has provided written 
notification of such determination to the defaulting entity.
    (e) Undisbursed balances: For the purposes of this section, the 
term ``undisbursed funds'' is defined as: (i) In the case of prior BEA 
Program award(s), any balance of award funds equal to or greater than 
five (5) percent of the total prior BEA Program award(s) that remains 
undisbursed more than three (3) years after the end of the calendar 
year in which the CDFI Fund signed an award agreement with the awardee, 
and (ii) in the case of prior CDFI Program or other CDFI Fund program 
award(s), any balance of award funds equal to or greater than five (5) 
percent of the total prior award(s) that remains undisbursed more than 
two (2) years after the end of the calendar year in which the CDFI Fund 
signed an assistance agreement with the awardee.
    The term ``undisbursed funds'' does not include (i) tax credit 
allocation authority allocated through the New Markets Tax Credit 
Program; (ii) any award funds for which the CDFI Fund received a full 
and complete disbursement request from the awardee as of the 
application deadline of this NOFA; or (iii) any award funds for an 
award that has been terminated, expired, rescinded, or deobligated by 
the CDFI Fund.
    The CDFI Fund will not consider an application submitted by an 
Applicant that is a prior CDFI Fund awardee under any CDFI Fund program 
if the Applicant has a balance of undisbursed funds under said prior 
award(s), as of the application deadline of this NOFA. Further, an 
entity is not eligible to apply for an award pursuant to this NOFA if 
an Affiliate of the Applicant is a prior CDFI Fund awardee under any 
CDFI Fund program, and has a balance of undisbursed funds under said 
prior award(s), as of the application deadline of this NOFA. In the 
case where an Affiliate of the Applicant is a prior CDFI Fund awardee 
under any CDFI Fund program, and has a balance of undisbursed funds 
under said prior award(s), as of the application deadline of this NOFA, 
the CDFI Fund will include the combined awards of the Applicant and 
such Affiliates when calculating the amount of undisbursed funds.
    (f) Control: For purposes of this NOFA, the term ``Control'' means: 
(1) Ownership, control, or power to vote 25 percent or more of the 
outstanding shares of any class of voting securities as defined in 12 
CFR 1805.104(mm) of any legal entity, directly or indirectly or acting 
through one or more other persons; (2) control in any manner over the 
election of a majority of the directors, trustees, or general partners 
(or individuals exercising similar functions) of any legal entity; or 
(3) the power to exercise, directly or indirectly, a controlling 
influence over the management, credit or investment decisions, or 
policies of any legal entity.
    (g) Contact the CDFI Fund: Accordingly, Applicants that are prior 
awardees and/or allocatees under any CDFI Fund program are advised to: 
(i) Comply with requirements specified in assistance, award and/or 
allocation agreement(s), and (ii) contact the CDFI Fund to ensure that 
all necessary actions are underway for the disbursement of any 
outstanding balance of a prior award(s). All outstanding reports, 
compliance or disbursement questions should be directed to 
Certification, Compliance, Monitoring and Evaluation support by e-mail 
at [email protected]; by telephone at (202) 622-6330; by facsimile at 
(202) 622-6453; or by mail to CDFI Fund, 601 13th Street, NW., Suite 
200 South, Washington, DC 20005. The CDFI Fund will respond to 
Applicants' reporting, compliance or disbursement questions between the 
hours of 9 a.m. and 5 p.m. ET, starting on the date of the publication 
of this NOFA through May 3, 2010. The CDFI Fund will not respond to 
Applicants' reporting, compliance or disbursement telephone calls or e-
mail inquiries that are received after 5 p.m. ET on May 3, 2010.
    2. Cost sharing and matching fund requirements: Not applicable.

IV. Application and Submission Information

    A. MyCDFIFund Accounts: All Applicants must register User and 
Organization accounts in myCDFIFund, the CDFI Fund's Internet-based 
interface. Authorized representatives and contacts must register as 
Users and the Applicant must be registered as an Organization in 
myCDFIFund as of the Application deadline in order to be considered to 
have submitted a complete Application. As myCDFIFund is the CDFI Fund's 
primary means of communication with applicants and awardees, Applicants 
must make sure that they update the contact information in their 
myCDFIFund accounts before the 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. Application Content Requirements: Detailed application content 
requirements are found in the Application related to this NOFA. 
Applicants must submit all materials described in and required by the 
Application by the applicable deadlines. Additional information, 
including instructions relating to the submission of the Application 
via myCDFIFund, the CDFI Fund's Internet-based interface, is set forth 
in further detail in the Application.
    Please note that, pursuant to OMB guidance (68 FR 38402), each 
Applicant must provide, as part of its Application submission, a Dun 
and Bradstreet Data Universal Numbering System (DUNS) number. In 
addition, each Application must include a valid and current Employer 
Identification Number (EIN), with a letter or other documentation from 
the Internal Revenue Service (IRS) confirming the EIN. Applicants 
should allow sufficient time for the IRS and/or Dun and Bradstreet to 
respond to inquiries and/or requests for identification numbers. An 
Application that does not include an EIN is incomplete and cannot be 
transmitted to the CDFI Fund. The preceding sentences do not limit the 
CDFI Fund's ability to contact an Applicant for the purpose of 
confirming or clarifying information regarding a DUNS number or EIN 
number. Once an Application is submitted, the Applicant will not be 
allowed to change any element of the Application.
    As set forth in further detail in the Application, any Qualified 
Activity missing the required documentation will be disqualified. 
Applicants will not be allowed to submit missing documentation for 
Qualified Activities after the application deadline.
    C. Form of Application Submission: Applications Submitted via 
myCDFIFund: Applicants must submit Applications under this NOFA 
electronically, through myCDFIFund, the CDFI Fund's Internet-based 
interface. No paper submittals or attachments will be accepted.

[[Page 14664]]

Applications sent by mail, facsimile or other form will generally not 
be accepted, except in circumstances approved in advance by the CDFI 
Fund, in its sole discretion. The CDFI Fund will post to its Web site, 
http://www.cdfifund.gov, instructions for accessing and submitting 
Applications as soon as they become available.
    Qualified Activity documentation and other attachments as specified 
in the applicable BEA Program Application must be sent to: Bureau of 
the Public Debt, CDFI Fund--Awards Management, 200 Third Street, A2-B, 
Parkersburg, West Virginia 26106. The telephone number to be used in 
conjunction with overnight mailings to this address is (304) 480-5450. 
The CDFI Fund will not accept Applications in its offices in 
Washington, DC. Applications and attachments received in the CDFI 
Fund's Washington, DC office will be rejected.
    D. Application Deadlines: The deadline for receipt of Applications 
via myCDFIFund for the FY 2010 funding round is 5 p.m. ET on May 5, 
2010. The deadline for receipt of paper documentation at the BPD 
address specified above is 5 p.m. ET, May 5, 2010. Applications and 
other required documents and other attachments received after the 
deadline on the applicable date will be rejected. Please note that the 
document submission deadlines in this NOFA and the funding Application 
are strictly enforced. The CDFI Fund will not grant exceptions or 
waivers for late delivery of documents including, but not limited to, 
late delivery that is caused by third parties such as the United States 
Postal Service, couriers or overnight delivery services.

V. Intergovernmental Review

    Not Applicable.

VI. Funding Restrictions

    Not Applicable.

VII. Application Review Information

    A. CDFI Related Activities: CDFI Related Activities include Equity 
Investments, Equity-Like Loans, and CDFI Support Activities provided to 
eligible CDFI Partners. In addition to regulatory requirements, this 
NOFA provides the following:
    1. Eligible CDFI Partner: CDFI Partner is defined as a CDFI that 
has been provided assistance in the form of CDFI Related Activities by 
an Applicant (12 CFR 1806.103(p)). For the purposes of this NOFA, an 
eligible CDFI Partner is an entity that has been certified as a CDFI as 
of the end of the applicable Assessment Period.
    2. Limitations on Eligible Qualified Activities Provided to Certain 
CDFI Partners: An Applicant that is also a CDFI cannot receive credit 
for any financial assistance or Qualified Activities provided to a CDFI 
Partner that is also an FDIC-insured depository institution or 
depository institution holding company.
    3. Certificates of Deposit: Section 1806.103(r) of the Interim Rule 
states that any certificate of deposit placed by an Applicant or its 
Subsidiary in a CDFI that is a bank, thrift, or credit union must be: 
(i) Uninsured and committed for at least three years; or (ii) insured, 
committed for a term of at least three years, and provided at an 
interest rate that is materially below market rates, in the 
determination of the CDFI Fund.
    (a) For purposes of this NOFA, ``materially below market interest 
rate'' is defined as an annual percentage rate that does not exceed 100 
percent of yields on Treasury securities at constant maturity as 
interpolated by Treasury from the daily yield curve and available on 
the Treasury Web site at http://www.treas.gov/offices/domestic-finance/debt-management/interest-rate/yield.shtml. For example, for a three-
year certificate of deposit, Applicants should use the three-year rate 
U.S. Government securities, Treasury Yield Curve Rate posted for that 
business day. The Treasury updates the Web site daily at approximately 
5:30 p.m. ET. Certificates of deposit placed prior to that time may use 
the rate posted for the previous business day. The annual percentage 
rate on a certificate of deposit should be compounded quarterly, semi-
annually, or annually. In addition, Applicants should determine whether 
a certificate of deposit is insured based on the total amount that the 
Applicant or its Subsidiary has on deposit on the day the certificate 
of deposit is placed. An Applicant must note, in its BEA Program 
application, whether the certificate of deposit is insured or 
uninsured.
    (b) For purposes of this NOFA, a deposit placed by an Applicant 
directly with a CDFI Partner that participates in a deposit network or 
service may be treated as eligible under this NOFA if it otherwise 
meets the criteria for deposits in 1806.103(r) and the CDFI Partner 
retains the full amount of the initial deposit or an amount equivalent 
to the full amount of the initial deposit through a deposit network 
exchange transaction.
    4. Equity-Like Loans: An Equity-Like Loan is a loan provided by an 
Applicant or its Subsidiary to a CDFI, and made on such terms that it 
has characteristics of an Equity Investment, as such characteristics 
may be specified by the CDFI Fund (12 CFR 1806.103(z)). For purposes of 
this NOFA, Equity-Like Loans must meet the following characteristics:
    (a) At the end of the initial term, the loan must have a definite 
rolling maturity date that is automatically extended on an annual basis 
if the CDFI borrower continues to be financially sound and carry out a 
community development mission;
    (b) Periodic payments of interest and/or principal may only be made 
out of the CDFI borrower's available cash flow after satisfying all 
other obligations;
    (c) Failure to pay principal or interest (except at maturity) will 
not automatically result in a default of the loan agreement; and
    (d) The loan must be subordinated to all other debt except for 
other Equity-Like Loans.
    Notwithstanding the foregoing, the CDFI Fund reserves the right to 
determine, in its sole discretion and on a case-by-case basis, whether 
an instrument meets the above-stated characteristics of an Equity-Like 
Loan.
    B. Distressed Community Financing Activities and Service 
Activities: Distressed Community Financing Activities include 
Affordable Housing Loans, Affordable Housing Development Loans and 
related Project Investments, Education Loans, Commercial Real Estate 
Loans and related Project Investments, Home Improvement Loans, and 
Small Business Loans and related Project Investments (12 CFR 
1806.103(u)). In addition to the regulatory requirements, this NOFA 
provides the following additional requirements:
    1. Commercial Real Estate Loans and related Project Investments: 
For purposes of this NOFA, eligible Commercial Real Estate Loans (12 
CFR 1806.103(l)) and related Project Investments (12 CFR 1806.103(ll)) 
are generally limited to transactions with a total principal value of 
$10 million or less. Notwithstanding the foregoing, the CDFI Fund, in 
its sole discretion, may consider transactions with a total principal 
value of over $10 million, subject to review. For such transactions, 
Applicants must provide a separate narrative, or other information, to 
demonstrate that the proposed project offers, or significantly enhances 
the quality of, a facility or service not currently provided to the 
Distressed Community.
    2. Reporting certain Financial Services: The CDFI Fund will value 
the administrative cost of providing certain Financial Services using 
the following per unit values:

[[Page 14665]]

    (a) $100.00 per account for Targeted Financial Services;
    (b) $50.00 per account for checking and savings accounts that do 
not meet the definition of Targeted Financial Services;
    (c) $5.00 per check cashing transaction;
    (d) $25,000 per new ATM installed at a location in a Distressed 
Community;
    (e) $2,500 per ATM operated at a location in a Distressed 
Community;
    (f) $250,000 per new retail bank branch office opened in a 
Distressed Community; and
    (g) In the case of Applicants engaging in Financial Services 
activities not described above, the CDFI Fund will determine the unit 
value of such services.
    When reporting the opening of a new retail bank branch office, the 
Applicant must certify that it has not operated a retail branch in the 
same census tract in which the new retail branch office is being opened 
in the past three years, and that such new branch will remain in 
operation for at least the next five years.
    Financial Service Activities must be provided by the Applicant to 
Low- and Moderate-Income Residents. An Applicant may determine the 
number of Low- and Moderate-Income individuals who are recipients of 
Financial Services by either: (i) Collecting income data on its 
Financial Services customers; or (ii) certifying that the Applicant 
reasonably believes that such customers are Low- and Moderate-Income 
individuals and providing a brief analytical narrative with information 
describing how the Applicant made this determination.
    C. Priority Factors: Priority Factors are the numeric values 
assigned to individual types of activity within: (i) The Distressed 
Community Financing, and (ii) Services categories of Qualified 
Activities. For the purposes of this NOFA, Priority Factors will be 
based on the Applicant's asset size as of the end of the Assessment 
Period (December 31, 2009) as reported by the Applicant in the 
Application. Asset size classes (i.e., small banks, intermediate-small 
banks, and large banks) will correspond to the CRA asset size classes 
set by the four Federal bank regulatory agencies and that were 
effective as of the end of the Assessment Period. The Priority Factor 
works by multiplying the change in a Qualified Activity by the assigned 
Priority Factor to achieve a ``weighted value.'' This weighted value of 
the change would be multiplied by the applicable award percentage to 
yield the award amount for that particular activity. For purposes of 
this NOFA, the CDFI Fund is establishing Priority Factors based on 
Applicant asset size to be applied to all activity within the 
Distressed Community Financing Activities and Service Activities 
categories only, as follows:

------------------------------------------------------------------------
                                                               Priority
               CRA Asset size classification                    factor
------------------------------------------------------------------------
Small banks (assets of less than $274 million as of 12/31/           5.0
 2009).....................................................
Intermediate--small banks (assets of greater than $274               3.0
 million but less than $1.109 billion as of 12/31/2009)....
Large banks (assets of $1.109 billion or greater as of 12/           1.0
 31/2009)..................................................
------------------------------------------------------------------------

    D. Certain Limitations on Qualified Activities:
    1. Low-Income Housing Tax Credits. Financial assistance provided by 
an Applicant for which the Applicant receives benefits through Low-
Income Housing Tax Credits, authorized pursuant to Section 42 of the 
Internal Revenue Code, as amended (26 U.S.C. 42), shall not constitute 
an Equity Investment, Project Investment, or other Qualified Activity, 
for the purposes of calculating or receiving a Bank Enterprise Award.
    2. New Markets Tax Credits. Financial assistance provided by an 
Applicant for which the Applicant receives benefits as an investor in a 
Community Development Entity that has received an allocation of New 
Markets Tax Credits, authorized pursuant to Section 45D of the Internal 
Revenue Code, as amended (26 U.S.C. 45D), shall not constitute an 
Equity Investment, Project Investment, or other Qualified Activity, for 
the purposes of calculating or receiving a Bank Enterprise Award.
    3. Loan Renewals and Refinances. Financial assistance provided by 
an Applicant shall not constitute a Qualified Activity, as defined in 
this part, for the purposes of calculating or receiving an award if, 
such financial assistances consists of a loan that has matured and is 
then renewed by the Applicant or consists of a loan that is retired or 
restructured using the proceeds of a new commitment by the Applicant.
    4. Prior BEA Awards. Qualified Activities funded with prior funding 
round Award dollars shall not constitute a Qualified Activity for the 
purposes of calculating or receiving an Award.
    5. Prior CDFI Program Awards. No CDFI may receive a BEA Program 
award for activities funded by a CDFI Program award.
    E. Award percentages, award amounts, selection process: The Interim 
Rule describes the process for selecting Applicants to receive BEA 
Program awards and determining award amounts. Applicants will calculate 
and request an estimated award amount in accordance with a multiple 
step procedure that is outlined in the Interim Rule (at 12 CFR 
1806.202). As outlined in the Interim Rule at 12 CFR 1806.203, the CDFI 
Fund will determine actual award amounts based on the availability of 
funds, increases in Qualified Activities from the Baseline Period to 
the Assessment Period, and each Applicant's priority ranking. In 
calculating the increase in Qualified Activities, the CDFI Fund will 
determine the eligibility of each transaction for which an Applicant 
has applied for a BEA Program award. In some cases, the actual award 
amount calculated by the CDFI Fund may not be the same as the estimated 
award amount requested by the Applicant.
    In the CDFI Related Activities category (except for an Equity 
Investment or Equity-Like Loan), if an Applicant is a CDFI, such 
estimated award amount will be equal to 18 percent of the increase in 
Qualified Activity for the category. If an Applicant is not a CDFI, 
such estimated award amount will be equal to 6 percent of the increase 
in Qualified Activity for the category. Notwithstanding the foregoing, 
for an Applicant that is a CDFI and for an Applicant that is not a 
CDFI, the award percentage applicable to an Equity Investment, Equity-
Like Loan, or Grant in a CDFI shall be 15 percent of the increase in 
Qualified Activity for the category. For the Distressed Community 
Financing Activities and Service Activities categories, if an Applicant 
is a CDFI, such estimated award amount will be equal to 9 percent of 
the weighted value of the increase in Qualified Activity for the 
category. If an Applicant is not a CDFI, such estimated award amount 
will be equal to 3 percent of the weighted value of the increase in 
Qualified Activity for the category.
    If the amount of funds available during the funding round is 
insufficient for all estimated award amounts, Awardees will be selected 
based on the process described in the Interim Rule at 12 CFR 
1806.203(b). This process gives funding priority to Applicants that 
undertake activities in the following order: (i) CDFI Related 
Activities, (ii) Distressed Community Financing Activities, and (iii) 
Service Activities.
    Within each category, Applicants that are certified CDFIs will be 
ranked first according to the ratio of the actual award amount 
calculated by the CDFI

[[Page 14666]]

Fund for the category to the total assets of the Applicant, followed by 
Applicants that are not certified CDFIs according to the ratio of the 
actual award amount calculated by the CDFI Fund for the category to the 
total assets of the Applicant.
    The CDFI Fund, in its sole discretion: (i) May adjust the estimated 
award amount that an Applicant may receive; (ii) may establish a 
maximum amount that may be awarded to an Applicant; and (iii) reserves 
the right to limit the amount of an award to any Applicant if the CDFI 
Fund deems it appropriate.
    For purposes of calculating award disbursement amounts, the CDFI 
Fund will treat Qualified Activities with a total principal amount less 
than or equal to $250,000 as fully disbursed. For all other Qualified 
Activities, Awardees will have 12 months from the end of the Assessment 
Period to make disbursements and 18 months from the end of the 
Assessment Period to submit to the CDFI Fund disbursement requests for 
the corresponding portion of their awards, after which the CDFI Fund 
will rescind and deobligate any outstanding award balance and said 
outstanding award balance will no longer be available to the Awardee.
    The CDFI Fund reserves the right to change its eligibility and 
evaluation criteria and procedures. If said changes materially affect 
the CDFI Fund's award decisions, the CDFI Fund will provide information 
regarding the changes through the CDFI Fund's Web site.
    There is no right to appeal the CDFI Fund's award decisions. The 
CDFI Fund's award decisions are final. The CDFI Fund does not provide 
debriefings and will only respond to questions regarding an Award 
decision 30 days prior to the end of the applicable fiscal year.

VIII. Award Administration Information

    A. Notice of Award: The CDFI Fund will signify its selection of an 
Applicant as an Awardee by delivering a Notice of Award and Award 
Agreement to the Applicant. The Notice of Award and Award Agreement 
will contain the general terms and conditions underlying the CDFI 
Fund's provision of an award. The Applicant must execute the Notice of 
Award and Award Agreement and return it to the CDFI Fund. Each Awardee 
must also provide the CDFI Fund with complete and accurate banking 
information on the Automated Clearinghouse (ACH) form. The ACH form 
must be returned with the Notice of Award and Award Agreement.
    The CDFI Fund reserves the right, in its sole discretion, to 
rescind its award, the Notice of Award and Award Agreement if the 
Awardee fails to return the Notice of Award and Award Agreement signed 
by the Authorized Representative of the Awardee or any other requested 
documentation by the deadline set by the CDFI Fund.
    By executing a Notice of Award and Award Agreement, the Awardee 
agrees that, if information (including administrative errors) comes to 
the attention of the CDFI Fund prior to the Effective Date of the Award 
Agreement, that either adversely affects the Awardee's eligibility for 
an award, or adversely affects the CDFI Fund's evaluation of the 
Awardee's application, or indicates fraud or mismanagement on the part 
of the Awardee, the CDFI Fund may, in its discretion and without 
advance notice to the Awardee, terminate the Notice of Award and Award 
Agreement or take such other actions as it deems appropriate.
    1. Failure to meet reporting requirements: If an Applicant, or its 
Affiliate, is a prior CDFI Fund awardee or allocatee under any CDFI 
Fund program and is not current on the reporting requirements set forth 
in the previously executed assistance, award or allocation 
agreement(s), as of the date of the Notice of Award, the CDFI Fund 
reserves the right, in its sole discretion, to delay entering into an 
Award Agreement and/or to delay making a disbursement of Award 
proceeds, until said prior awardee or allocatee is current on the 
reporting requirements in the previously executed assistance, award or 
allocation agreement(s). Please note that the CDFI 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 CDFI Fund, the CDFI Fund reserves the right, in its sole 
discretion, to terminate and rescind the Notice of Award and the Award 
made under this NOFA.
    2. Pending resolution of noncompliance: If an Applicant is a prior 
CDFI Fund awardee or allocatee under any CDFI Fund program and if: (a) 
It has submitted complete and timely reports to the CDFI Fund that 
demonstrate noncompliance with a previous assistance, award, or 
allocation agreement, and (b) the CDFI Fund has yet to make a final 
determination regarding whether or not the entity is in default of its 
previous assistance, award, or allocation agreement, the CDFI Fund 
reserves the right, in its sole discretion, to delay entering into an 
Award Agreement and/or to delay making a disbursement of Award 
proceeds, pending full resolution, in the sole determination of the 
CDFI Fund, of the noncompliance. Further, if an Affiliate of the 
Applicant is a prior CDFI Fund awardee or allocatee under any CDFI Fund 
program, and if such entity: (i) Has submitted complete and timely 
reports to the CDFI Fund that demonstrate noncompliance with a previous 
assistance, award, or allocation agreement, and (ii) the CDFI 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 
CDFI Fund reserves the right, in its sole discretion, to delay entering 
into an Award Agreement and/or to delay making a disbursement of Award 
proceeds pending full resolution, in the sole determination of the CDFI 
Fund, of the noncompliance. If said prior awardee or allocatee is 
unable to meet this requirement, in the sole determination of the CDFI 
Fund, the CDFI Fund reserves the right, in its sole discretion, to 
terminate and rescind the Notice of Award and the Award made under this 
NOFA.
    3. Default status: If, at any time prior to entering into an Award 
Agreement under this NOFA, the CDFI Fund has made a final determination 
that an Applicant that is a prior CDFI Fund awardee or allocatee under 
any CDFI Fund program is in default of a previously executed 
assistance, award, or allocation agreement(s) and has provided written 
notification of such determination to the Applicant, the CDFI Fund 
reserves the right, in its sole discretion, to delay entering into an 
Award Agreement and/or to delay making a disbursement of Award proceeds 
until said prior awardee or allocatee has submitted a complete and 
timely report demonstrating full compliance with said Agreement within 
a timeframe set by the CDFI Fund. Further, if, at any time prior to 
entering into an Award Agreement under this NOFA, the CDFI Fund has 
made a final determination that an Affiliate of the Applicant is a 
prior CDFI Fund awardee or allocatee under any CDFI Fund program, is in 
default of a previously executed assistance, allocation or award 
agreement(s), and has provided written notification of such 
determination to the defaulting entity, the CDFI Fund reserves the 
right, in its sole discretion, to delay entering into an Award 
Agreement and/or to delay making a disbursement of Award proceeds until 
said prior awardee or allocatee has submitted a complete and timely 
report demonstrating full compliance with said

[[Page 14667]]

agreement within a timeframe set by the CDFI Fund. If said prior 
awardee or allocatee is unable to meet this requirement, the CDFI Fund 
reserves the right, in its sole discretion, to terminate and rescind 
the Notice of Award and the Award made under this NOFA.
    4. Termination in default: If, within the 12-month period prior to 
entering into an Award Agreement under this NOFA, the CDFI Fund has 
made a final determination that an Applicant that is a prior CDFI Fund 
awardee or allocatee under any CDFI Fund program whose award or 
allocation terminated in default of such prior agreement and the CDFI 
Fund has provided written notification of such determination to such 
organization, the CDFI Fund reserves the right, in its sole discretion, 
to delay entering into an Award Agreement and/or to delay making a 
disbursement of Award proceeds. Further, if, within the 12-month period 
prior to entering into an Award Agreement under this NOFA, the CDFI 
Fund has made a final determination that an Affiliate of the Applicant 
is a prior CDFI Fund awardee or allocatee under any CDFI Fund program, 
and whose award or allocation terminated in default of such prior 
agreement(s) and has provided written notification of such 
determination to the defaulting entity, the CDFI Fund reserves the 
right, in its sole discretion, to delay entering into an Award 
Agreement and/or to delay making a disbursement of Award proceeds.
    B. Award Agreement: After the CDFI Fund selects an Awardee, unless 
an exception detailed in this Notice applies, the CDFI Fund and the 
Awardee will enter into an Award Agreement. The Award Agreement will 
set forth certain required terms and conditions of the award, which 
will include, but not be limited to: (i) The amount of the award; (ii) 
the type of the award; (iii) the approved uses of the award; (iv) 
performance goals and measures; and (v) reporting requirements for all 
Awardees. Award Agreements under this NOFA generally will have one-year 
performance periods. The Award Agreement shall provide that an Awardee 
shall: (i) Carry out its Qualified Activities in accordance with 
applicable law, the approved application, and all other applicable 
requirements; (ii) not receive any monies until the CDFI Fund has 
determined that the Awardee has fulfilled all applicable requirements, 
and (iii) use an amount equivalent to the BEA Award amount for BEA 
Qualified Activities.
    C. Administrative and National Policy Requirements: Not applicable.
    D. Reporting and Accounting:
    1. Reporting Requirements: The CDFI Fund will collect information, 
on at least an annual basis, from each Awardee that receives an award 
over $50,000 through this NOFA, which may include, but not be limited 
to, an Annual Report that comprises the following components: (i) 
Institution Level Report; (ii) Financial Reports (including an OMB A-
133 audit, as applicable); and (iii) such other information as the CDFI 
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 document(s) actually is completed by another entity or signatory to 
the Award Agreement. If such other entities or signatories are required 
to provide Institution Level Reports, Financial Reports, or other 
documentation that the CDFI Fund may require, the Awardee is 
responsible for ensuring that the information is submitted timely and 
complete. The CDFI Fund reserves the right to contact such additional 
signatories to the Award Agreement and require that additional 
information and documentation be provided. The CDFI Fund will use such 
information to monitor each Awardee's compliance with the requirements 
set forth in the Award Agreement and to assess the impact of the CDFI 
Program. All reports must be electronically submitted to the CDFI Fund 
via the Awardee's myCDFIFund account. The Institution Level Report must 
be submitted through the CDFI Fund's web-based data collection system, 
the Community Investment Impact System (CIIS). The Financial Report may 
be submitted through CIIS. All other components of the Annual Report 
may be submitted electronically, as directed, by the CDFI Fund. The 
CDFI 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 CDFI Fund will require each Awardee that 
receives an award over $50,000 through this NOFA to account for the use 
of the award. This will require Awardees to establish administrative 
and accounting controls, subject to applicable OMB Circulars. The CDFI 
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.

IX. Agency Contacts

    The CDFI 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 on the date of the publication of this 
NOFA through close of business May 3, 2010 for the FY 2010 funding 
round. The CDFI Fund will not respond to questions or provide support 
concerning the application after 5 p.m. ET on May 3, 2010 for the FY 
2010 funding round.
    Applications and other information regarding the CDFI Fund and its 
programs may be downloaded and printed from the CDFI Fund's Web site at 
http://www.cdfifund.gov. The CDFI Fund will post on its Web site 
responses to questions of general applicability regarding the BEA 
Program.
    A. Information Technology Support: Technical support can be 
obtained by calling (202) 622-2455 or by e-mail at 
[email protected]. People who have visual or mobility 
impairments that prevent them from creating a Distressed Community map 
using the CDFI Fund's Web site should call (202) 622-2455 for 
assistance. These are not toll free numbers.
    B. Application Support: If you have any questions about the 
programmatic or administrative requirements of this NOFA, contact the 
CDFI Fund's Program office by e-mail at [email protected], by 
telephone at (202) 622-6355, by facsimile at (202) 622-7754, or by mail 
at CDFI Fund, 601 13th Street, NW., Suite 200 South, Washington, DC 
20005. The number provided is not toll-free.
    C. Certification, Compliance, Monitoring and Evaluation Support: If 
you have any questions regarding the compliance requirements of this 
NOFA, including questions regarding performance on prior awards, 
contact the CDFI Fund's Compliance Manager by e-mail at 
[email protected], by telephone at (202) 622-6330, by facsimile at 
(202) 622-6453, or by mail at CDFI Fund, 601 13th Street, NW., Suite 
200 South, Washington, DC 20005. The number provided is not toll-free.
    D. Communication with the CDFI Fund: The CDFI Fund will use its 
myCDFIFund Internet interface to communicate with Applicants and 
Awardees under this NOFA. Awardees must use myCDFIFund to submit 
required reports. The CDFI Fund will notify Awardees by e-mail using 
the addresses maintained in each Awardee's myCDFIFund account. 
Therefore, an Awardee and any Subsidiaries, signatories, and Affiliates 
must maintain accurate contact information (including

[[Page 14668]]

contact person and authorized representative, e-mail addresses, fax 
numbers, phone numbers, and office addresses) in their myCDFIFund 
account(s). For more information about myCDFIFund, please see the Help 
documents posted at https://www.cdfifund.gov/myCDFI/Help/Help.asp.

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

    Dated: March 22, 2010.
Donna J. Gambrell,
Director, Community Development Financial Institutions Fund.
[FR Doc. 2010-6738 Filed 3-25-10; 8:45 am]
BILLING CODE 4810-70-P