[Federal Register Volume 76, Number 130 (Thursday, July 7, 2011)]
[Notices]
[Pages 39813-39820]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-17110]



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DEPARTMENT OF AGRICULTURE



Rural Housing Service




Notice of Funding Availability of Applications (NOFA) for Section 

514 Farm Labor Housing Loans and Section 516 Farm Labor Housing Grants 

for Off-Farm Housing for Fiscal Year (FY) 2011



AGENCY: Rural Housing Service, USDA.



ACTION: Notice.



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SUMMARY: This notice announces the timeframe to submit pre-applications 

for section 514 Farm Labor Housing (FLH) loans and section 516 FLH 

grants for the construction of new off-farm FLH units and related 

facilities for domestic farm laborers and for the purchase and 

substantial rehabilitation of an existing non-farm labor housing (FLH) 

property. The intended purpose of these loans and grants is to increase 

the number of available housing units for domestic farm laborers. This 

notice describes the method used to distribute funds, the application 

process, and submission requirements.



DATES: The deadline for receipt of all applications in response to this 

is 5 p.m., local time to the appropriate Rural Development State Office 

on August 22, 2011. The application closing deadline is firm as to date 

and hour. Rural Development will not consider any application that is 

received after the closing deadline unless date and time is extended by 

another Notice published in the Federal Register. Applicants intending 

to mail applications must provide sufficient time to permit delivery on 

or before the closing deadline. Acceptance by a post office or private 

mailer does not constitute delivery. Facsimile (FAX) and postage due 

applications will not be accepted.

    Applicants wishing to apply for assistance must contact the Rural 

Development State Office serving the State of the proposed off-farm 

labor housing project in order to receive further information and 

copies of the application package. Rural Development will date and time 

stamp incoming applications to evidence timely receipt and, upon 

request, will provide the applicant with a written acknowledgment of 

receipt. A listing of Rural Development State Offices, their addresses, 

telephone numbers, and person to contact is under section VII of this 

Notice.



FOR FURTHER INFORMATION CONTACT: Mirna Reyes-Bible, Finance and Loan 

Analyst, Multi-Family Housing Preservation and Direct Loan Division, 

STOP 0781 (Room 1263-S), USDA Rural Development, 1400 Independence 

Ave., SW., Washington, DC 20250-0781, telephone: (202) 720-1753 (this 

is not a toll free number.), or via e-mail: 

[email protected]. If you have questions regarding Net Zero 

Energy Consumption and Energy Generation please contact Carlton 

Jarratt, Finance and Loan Analyst, Multi-Family Housing Preservation 

and Direct Loan Division at (804) 287-1524 or via e-mail: 

[email protected].



SUPPLEMENTARY INFORMATION: 



Paperwork Reduction Act



    The reporting requirements contained in this notice have been 

approved by the Office of Management and Budget under Control Number 

0575-0189.



Overview Information



    Federal Agency Name: Rural Development.

    Funding Opportunity Title: Notice of Funds Availability (NOFA) for 

Section 514 Farm Labor Housing Loans and Section 516 Farm Labor Housing 

Grants for Off-Farm Housing for Fiscal Year 2011.



[[Page 39814]]



    Announcement Type: Initial Notice inviting applications from 

qualified applicants for Fiscal Year 2011.

    Catalog of Federal Domestic Assistance Numbers (CFDA): 10.405 and 

10.427.

    Dates: The deadline for receipt of all applications in response to 

this is 5 p.m., local time to the appropriate Rural Development State 

Office on August 22, 2011. The application closing deadline is firm as 

to date and hour. Rural Development will not consider any application 

that is received after the closing deadline unless date and time is 

extended by another Notice published in the Federal Register. 

Applicants intending to mail applications must provide sufficient time 

to permit delivery on or before the closing deadline. Acceptance by a 

post office or private mailer does not constitute delivery. Facsimile 

(FAX) and postage due applications will not be accepted.



I. Funding Opportunities Description



    For FY 2011 funds will be available up to $25,672,886.92 for 

Section 514 loans, up to $9,853,254.00 for Section 516 grants, and 

$2,994,000 for FLH Rental Assistance.



II. Award Information



    Applications for FY 2011 will only be accepted through the date and 

time listed in this Notice. Final loan and grant levels may fluctuate 

from the initial amount considered with the pre-application, and are 

subject to availability of funding. Individual requests may not exceed 

$3 million (total loan and grant). No State may receive more than 30 

percent of available FLH funding distributed in FY 2011. If there are 

insufficient applications from around the country to exhaust Sections 

514 and 516 funds available, the Agency may then exceed the 30 percent 

cap per State. Section 516 off-farm FLH grants may not exceed 90 

percent of the total development cost (TDC) of the housing as defined 

in 7 CFR part 3560.11. Applications that will use leveraged funding 

must provide written commitments from the funding source at pre-

application. If leveraged funds are in the form of tax credits, the 

applicant must document that it has received tax credits or has applied 

and been approved to receive tax credits.

    Rental Assistance and operating assistance will be available for 

new construction in FY 2011. Operating assistance is explained at 7 CFR 

part 3560.574 and may be used in lieu of tenant-specific rental 

assistance (RA) in off-farm labor housing projects that serve migrant 

farm workers as defined in 7 CFR part 3560.11 that are financed under 

section 514 or section 516(h) of the Housing Act of 1949, as amended 

(42 U.S.C. 1484 and 1486(h)) respectively, and otherwise meet the 

requirements of 7 CFR part 3560.574. Owners of eligible projects may 

choose tenant-specific RA or operating assistance, or a combination of 

both; however, any tenant or unit assisted with operating assistance 

may not also receive RA.



III. Eligibility Information



A. Housing Eligibility



    Housing that is constructed with FLH loans and/or grants must meet 

Rural Development's design and construction standards contained in 7 

CFR part 1924, subparts A and C. Once constructed, off-farm FLH must be 

managed in accordance with the program's management regulation, 7 CFR 

part 3560. In addition, off-farm FLH must be operated on a non-profit 

basis and tenancy must be open to all qualified domestic farm laborers, 

regardless at which farm they work. Section 514(f)(3) of the Housing 

Act of 1949, as amended (42 U.S.C. 1484(f)(3)) defines domestic farm 

laborers to include any person regardless of the person's source of 

employment, who receives a substantial portion of his or her income 

from the primary production of agricultural or aquacultural commodities 

in the unprocessed or processed stage, and also includes the person's 

family.



B. Tenant Eligibility



    Tenant eligibility is limited to persons who meet the definition of 

a ``disabled domestic farm laborer,'' or ``a domestic farm laborer,'' 

or ``retired domestic farm laborer,'' as defined in 7 CFR section 

3560.11. Farm workers who are admitted to this country on a temporary 

basis under the Temporary Agricultural Workers (H-2A Visa) program are 

not eligible to occupy section 514/516 off-farm FLH.



C. Applicant Eligibility



    1. To be eligible to receive a section 516 grant for off-farm FLH, 

the applicant must be a broad-based nonprofit organization, including 

community and faith-based organizations, a nonprofit organization of 

farm workers, a federally recognized Indian tribe, an agency or 

political subdivision of a State or local government, or a public 

agency (such as a housing authority). The applicant must be able to 

contribute at least one-tenth of the TDC non-Rural Development 

resources which can include leveraged funds.

    2. To be eligible to receive a section 514 loan for off-farm FLH, 

the applicant must be a broad-based nonprofit organization, including 

community and faith-based organizations, a nonprofit organization of 

farm workers, a federally recognized Indian tribe, an agency or 

political subdivision of a State or local government, a public agency 

(such as a housing authority), or a limited partnership which has a 

nonprofit entity as its general partner, and

    i. Be unable to provide the necessary housing from its own 

resources; and

    ii. Except for State or local public agencies and Indian tribes, be 

unable to obtain similar credit elsewhere at rates that would allow for 

rents within the payment ability of eligible residents.

    iii. Broad-based nonprofit organizations must have a membership 

that reflects a variety of interests in the area where the housing will 

be located.



IV. Administrative Requirements



A. Cost Sharing or Matching



    Section 516 grants for off-farm FLH may not exceed the lesser of 90 

percent of the TDC as provided in 7 CFR 3560.562(c)(1).



B. Other Requirements



    The following requirements apply to loans and grants made in 

response to this notice:

    1. 7 CFR part 1901, subpart E, regarding equal opportunity 

requirements;

    2. For grants only, 7 CFR part 3015, 3016 or 3019 (as applicable), 

which establishes the uniform administrative requirements for grants 

and cooperative agreements to State and local governments and to 

nonprofit organizations;

    3. 7 CFR part 1901, subpart F, regarding historical and 

archaeological properties;

    4. 7 CFR part 1940, subpart G, regarding environmental assessments;

    5. 7 CFR part 3560, subpart L, regarding the loan and grant 

authorities of the off-farm FLH program;

    6. 7 CFR part 1924, subpart A, regarding planning and performing 

construction and other development;

    7. 7 CFR part 1924, subpart C, regarding the planning and 

performing of site development work;

    8. For construction financed with a Section 516 grant, the 

provisions of the Davis-Bacon Act (40 U.S.C. 276(a)-276(a)-5) and 

implementing regulations published at 29 CFR parts 1, 3, and 5;

    9. All other requirements contained in 7 CFR part 3560, regarding 

the section 514/516 off-farm FLH program; and

    10. Please note that grant applicants must obtain a Dun and 

Bradstreet Data Universal Numbering System (DUNS)



[[Page 39815]]



number and maintain registration in the Central Contractor Registration 

(CCR) prior to submitting a pre-application pursuant to 2 CFR part 

25.200(b). In addition, an entity applicant must maintain registration 

in the CCR database at all times during which it has an active Federal 

award or an application or plan under construction by the Agency. 

Similarly, all recipients of Federal financial assistance are required 

to report information about first-tier sub-awards and executive 

compensation in accordance with 2 CFR part 170. So long as an entity 

applicant does not have an exception under 2 CFR part 170.110(b), the 

applicant must have the necessary processes and systems in place to 

comply with the reporting requirements should the applicant receive 

funding. See 2 CFR part 170.200(b).



V. Application and Submission Information



    The application process will be in two phases: the initial pre-

application (or proposal) and the submission of a final application. 

Only those proposals that are selected for further processing will be 

invited to submit final applications. In the event that a proposal is 

selected for further processing and the applicant declines, the next 

highest ranked unfunded pre-application may be selected. All pre-

applications for sections 514 and 516 funds must be filed with the 

appropriate Rural Development State Office and must meet the 

requirements of this notice. Incomplete pre-applications will not be 

reviewed and will be returned to the applicant. No pre-application will 

be accepted after 5 p.m., local to the appropriate Rural Development 

State Office on August 22, 2011 unless date and time are extended by 

another Notice published in the Federal Register.

    Pre-applications can be submitted either electronically using the 

FLH Pre-application found at: http://www.rurdev.usda.gov/rhs/mfh/MPR/MPRHome.htm or in hard copy obtained from and submitted to the 

appropriate Rural Development Office where the project will be located. 

Applicants are strongly encouraged, but not required, to submit the 

pre-application electronically. The State Office will record pre-

applications received electronically by the actual date and time when 

all attachments are received at the State Office. Hard copy pre-

applications received on or before the deadline date will receive the 

close of business time of the day received as the receipt time. Hard 

copy pre-applications must be received by the submission deadline and 

no later than 5 p.m., local Time, August 22, 2011. Assistance for 

filing electronic and hard copy pre-applications can be obtained from 

any Rural Development State Office.

    Applicants are strongly encouraged to provide an electronic copy of 

all hard copy forms and documents submitted in the pre-application/

application package as requested by this Notice. The forms and 

documents must be submitted to the appropriate Rural Development State 

Office as read-only PDF Adobe Acrobat files on an electronic media such 

as CDs, DVDs or USB drives. For each electronic device submitted, the 

applicant should include a Table of Contents of all documents and forms 

on that device. The electronic medium should be submitted to the local 

State Office.



    Note: For electronic submissions, there is a time delay between 

the time it is sent and the time it is received depending on network 

traffic. As a result, last-minute submissions sent before the 

deadline date and time could well be received after the deadline 

date and time because of the increased network traffic. Applicants 

are reminded that all submissions received after the deadline date 

and time will be rejected, regardless of when they were sent.





    Note: If you receive a loan or grant award under this NOFA, USDA 

reserves the right to post all information not protected under the 

Privacy Act and submitted as part of the pre-application/application 

package on a public Web site with free and open access to any member 

of the public.



    If a pre-application is accepted for further processing, the 

applicant must submit a complete, final application, acceptable to 

Rural Development prior to the obligation of Rural Development funds. 

If the pre-application is not accepted for further processing the 

applicant will be notified of appeal rights under 7 CFR part 11.



A. Pre-Application Requirements



    1. The pre-application must contain the following:

    i. A summary page listing the following items. This information 

should be double-spaced between items and not be in narrative form.

    (a) Applicant's name.

    (b) Applicant's Taxpayer Identification Number.

    (c) Applicant's address.

    (d) Applicant's telephone number.

    (e) Name of applicant's contact person, telephone number, and 

address.

    (f) Amount of loan and grant requested.

    (g) For grants of Federal financial assistance (including loans and 

grants, cooperative agreements, etc.), the applicant's Dun and 

Bradstreet Data Universal Numbering System (DUNS) number and 

registration in the Central Contractor Registration (CCR) database in 

accordance with 2 CFR part 25. As required by the Office of Management 

and Budget (OMB), all grant applicants must provide a DUNS number when 

applying for Federal grants, on or after October 1, 2003. Organizations 

can receive a DUNS number at no cost by calling the dedicated toll-free 

number at 1-866-705-5711 or via Internet at http:www.dnb.com/us/. 

Additional information concerning this requirement can be obtained on 

the Grants.gov Web Site at http://www.grants.gov. Similarly, applicants 

may register for the CCR at https://uscontractingregistration.com or by 

calling 1-877-252-2700.

    ii. A narrative verifying the applicant's ability to meet the 

eligibility requirements stated earlier in this notice. If an applicant 

is selected for further processing Rural Development will require 

additional documentation as set forth in a Conditional Commitment in 

order to verify the entity has the legal and financial capability to 

carry out the obligation of the loan.

    iii. Standard Form 424, ``Application for Federal Assistance,'' can 

be obtained at http://www.grants.gov or from any Rural Development 

State Office listed in Section VII of this Notice.

    iv. For loan pre-applications, current (within 6 months) financial 

statements with the following paragraph certified by the applicant's 

designated and legally authorized signer:



    ``I/we certify the above is a true and accurate reflection of 

our financial condition as of the date stated herein. This statement 

is given for the purpose of inducing the United States of America to 

make a loan or to enable the United States of America to make a 

determination of continued eligibility of the applicant for a loan 

as requested in the loan application of which this statement is a 

part.''



    v. For loan pre-applications, a check for $40 from applicants made 

out to United States Department of Agriculture. This will be used to 

pay for credit reports obtained by Rural Development.

    vi. Evidence that the applicant is unable to obtain credit from 

other sources. Letters from credit institutions which normally provide 

real estate loans in the area should be obtained and these letters 

should indicate the rates and terms upon which a loan might be 

provided. (Note: Not required from State or local public agencies or 

Indian tribes.)

    vii. If a FLH grant is desired, a statement concerning the need for 

a FLH grant. The statement should include



[[Page 39816]]



preliminary estimates of the rents required with and without a grant.

    viii. A statement of the applicant's experience in operating labor 

housing or other rental housing. If the applicant's experience is 

limited, additional information should be provided to indicate how the 

applicant plans to compensate for this limited experience (i.e., 

obtaining assistance and advice of a management firm, non-profit group, 

public agency, or other organization which is experienced in rental 

management and will be available on a continuous basis).

    ix. A brief statement explaining the applicant's proposed method of 

operation and management (i.e., on-site manager, contract for 

management services, etc.). As stated earlier in this notice, the 

housing must be managed in accordance with the program's management 

regulation, 7 CFR part 3560 and tenancy is limited to ``disabled 

domestic farm laborers,'' ``domestic farm laborers,'' and ``retired 

domestic farm laborers,'' as defined in 7 CFR part 3560.11.

    x. Applicants must also provide:

    (a) A copy of, or an accurate citation to, the special provisions 

of State law under which they are organized, a copy of the applicant's 

charter, Articles of Incorporation, and By-laws;

    (b) The names, occupations, and addresses of the applicant's 

members, directors, and officers; and

    (c) If a member or subsidiary of another organization, the 

organization's name, address, and nature of business.

    xi. A preliminary market survey or market study to identify the 

supply and demand for labor housing in the market area. The market area 

must be clearly identified and may include only the area from which 

tenants can reasonably be drawn for the proposed project. Documentation 

must be provided to justify a need within the intended market area for 

the housing of ``domestic farm laborers,'' as defined in 7 CFR section 

3560.11. The documentation must take into account disabled and retired 

farm workers. The preliminary survey should address or include the 

following items:

    (a) The annual income level of farmworker families in the area and 

the probable income of the farm workers who will likely occupy the 

proposed housing;

    (b) A realistic estimate of the number of farm workers who remain 

in the area where they harvest and the number of farm workers who 

normally migrate into the area. Information on migratory workers should 

indicate the average number of months the migrants reside in the area 

and an indication of what type of family groups are represented by the 

migrants (i.e., single individuals as opposed to families);

    (c) General information concerning the type of labor intensive 

crops grown in the area and prospects for continued demand for farm 

laborers;

    (d) The overall occupancy rate for comparable rental units in the 

area and the rents charged and customary rental practices for these 

units (i.e., will they rent to large families, do they require annual 

leases, etc.);

    (e) The number, condition, adequacy, rental rates and ownership of 

units currently used or available to farm workers;

    (f) A description of the units proposed, including the number, 

type, size, rental rates, amenities such as carpets and drapes, related 

facilities such as a laundry room or community room and other 

facilities providing supportive services in connection with the housing 

and the needs of the prospective tenants such as a health clinic or day 

care facility, estimated development timeline, estimated total 

development cost, and applicant contribution; and

    (g) The applicant must also identify all other sources of funds, 

including the dollar amount, source, and commitment status. (Note: A 

section 516 grant may not exceed 90 percent of the total development 

cost of the housing.)

    xii. The following forms are required:

    (a) A completed Form RD 1940-20, ``Request for Environmental 

Information,'' and a description of anticipated environmental issues or 

concerns. The form can be found at http://www.rurdev.usda.gov/regs/forms/1940-20.pdf.

    (b) A prepared HUD Form 935.2A, ``Affirmative Fair Housing 

Marketing Plan (AFHM) Multi-family Housing,'' in accordance with 7 CFR 

1901.203(c). The plan will reflect that occupancy is open to all 

qualified ``domestic farm laborers,'' regardless of which farming 

operation they work and that they will not discriminate on the basis of 

race, color, sex, age, disability, marital or familial status or 

National origin in regard to the occupancy or use of the units. The 

form can be found at http://www.hud.gov/offices/adm/hudclips/forms/files/935-2a.pdf.

    (c) A proposed operating budget utilizing Form RD 3560-7, 

``Multiple Family Housing Project Budget/Utility Allowance,'' can be 

found at http://www.rurdev.gov/regs/forms/3560-07.pdf.

    (d) An estimate of development cost utilizing Form RD 1924-13, 

``Estimate and Certificate of Actual Cost,'' can be found at http://forms.sc.egov.usda.gov/efcommon/eFileServices/eForms/RD1924-13.PDF.

    (e) Form RD 3560-30, ``Certification of no Identity of Interest 

(IOI),'' can be found at http://forms.sc.egov.usda.gov/efcommon/eFileServices/eForms/RD3560-30.PDF and Form RD 3560-31, ``Identity of 

Interest Disclosure/Qualification Certification,'' can be found at 

http://forms.sc.egov.usda.gov/efcommon/eFileServices/eForms/RD3560-31.PDF.

    (f) Form HUD 2530, ``Previous Participation Certification,'' can be 

found at http://www.hud.gov/offices/adm/hudclips/forms/files/2530.pdf.

    (g) If requesting RA or Operating Assistance, Form RD 3560-25, 

``Initial Request for Rental Assistance or Operating Assistance.'' can 

be found at http://forms.sc.egov.usda.gov/efcommon/eFileServices/eForms/RD3560-25.PDF.

    (h) Form RD 400-4, ``Assurance Agreement,'' can be found at: http://forms.sc.egov.usda.gov/efcommon/eFileServices/eForms/RD400-4.PDF. 

Applicants for revitalization, repair, and rehabilitation funding are 

to apply through the Multi-Family Housing Revitalization Demonstration 

Program (MPR).

    (i) Evidence of compliance with Executive Order 12372. The 

applicant must send a copy of Form SF-424 to the applicant's state 

clearinghouse for intergovernmental review. If the applicant is located 

in a state that does not have a clearinghouse, the applicant is not 

required to submit the form.

    xiii. Evidence of site control, such as an option contract or sales 

contract. In addition, a map and description of the proposed site, 

including the availability of water, sewer, and utilities and the 

proximity to community facilities and services such as shopping, 

schools, transportation, doctors, dentists, and hospitals.

    xiv. Preliminary plans and specifications, including plot plans, 

building layouts, and type of construction and materials. The housing 

must meet Rural Development's design and construction standards 

contained in 7 CFR part 1924, subparts A and C and must also meet all 

applicable Federal, State, and local accessibility standards.

    xv. A supportive services plan, which describes services that will 

be provided on-site or made available to tenants through cooperative 

agreements with service providers in the community, such as a health 

clinic or day care facility. Off-site services must be accessible and 

affordable to farm workers and their families. Letters of intent from 

service providers are



[[Page 39817]]



acceptable documentation at the pre-application stage.

    xvi. A sources and uses statement which shows all sources of 

funding included in the proposed project. The terms and schedules of 

all sources included in the project should be included in the sources 

and uses statement.

    xvii. A separate one-page information sheet listing each of the 

``Pre-Application Scoring Criteria,'' contained in this notice, 

followed by a reference to the page numbers of all relevant material 

and documentation that is contained in the proposal that supports the 

criteria.

    xviii. Applicants are encouraged, but not required, to include a 

checklist of all of the pre-application requirements and to have their 

pre-application indexed and tabbed to facilitate the review process;

    xix. Evidence of compliance with the requirements of the applicable 

State Housing Preservation Office (SHPO). A letter from the SHPO where 

the off-farm labor housing project is located, signed by their designee 

will serve as evidence of compliance.



VI. Pre-Application Review Information



    All applications for sections 514 and 516 funds must be filed 

electronically or with the appropriate Rural Development State Office 

and meet the requirements of this Notice. The National Office will base 

its determination of completeness of the application and the 

eligibility of each applicant on the information provided in the pre-

application.

    A. Selection Criteria. Section 514 loan funds and section 516 grant 

funds will be distributed to States based on a national competition, as 

follows:

    1. National Office will accept, review, and score pre-applications 

in accordance with this Notice. The scoring factors are:

    i. The presence of construction cost savings, including donated 

land and construction leverage assistance, for the units that will 

serve program-eligible tenants. The savings will be calculated as a 

percentage of the Rural Development TDC. The percentage calculation 

excludes any costs prohibited by Rural Development as loan expenses, 

such as a developer's fee. Construction cost savings includes, but is 

not limited to, funds for hard construction costs, and State or Federal 

funds which are applicable to construction costs. A minimum of ten 

percent cost savings is required to earn points; however, if the total 

percentage of cost savings is less than ten percent and the proposal 

includes donated land, two points will be awarded for the donated land. 

To count as cost savings for purposes of the selection criteria, a 

written commitment from the funding source must be submitted with the 

pre-application. Points will be awarded in accordance with the 

following table using rounding to the nearest whole number.



------------------------------------------------------------------------

                           Percentage                             Points

------------------------------------------------------------------------

75 or more.....................................................       20

60-74..........................................................       18

50-59..........................................................       16

40-49..........................................................       12

30-39..........................................................       10

20-29..........................................................        8

10-19..........................................................        5

0-.............................................................        0

------------------------------------------------------------------------



    ii. The presence of operational cost savings, such as tax 

abatements, non-Rural Development tenant subsidies or donated services 

are calculated on a per-unit cost savings for the sum of the savings. 

Savings must be available for at least 5 years and documentation must 

be provided with the application demonstrating the availability of 

savings for 5 years. To calculate the savings, take the total amount of 

savings and divide it by the number of units in the project that will 

benefit from the savings to obtain the per unit cost savings. For non-

Rural Development tenant subsidy, if the value changes during the five 

year calculation, the applicant must use the lower of the non-rural 

development tenant subsidy to calculate per unit cost savings. For 

example, a 10 unit property with 100 percent designated farm labor 

housing units receiving $20,000 per year non-rural development subsidy 

yields a cost savings of $100,000 ($20,000*5 years); resulting to a 

$10,000 per-unit cost savings ($100,000/10 units).

    To determine cost savings in a mixed income complex that will serve 

other income levels than farm labor housing income-eligible tenants, 

use only the number of units that will serve farm labor housing income-

eligible tenants. Round percentages to the nearest whole number, 

rounding up at 0.50 and above and down at 0.49 and below.

    Use the following table to apply points.



------------------------------------------------------------------------

                     Per-unit cost savings                        Points

------------------------------------------------------------------------

Above $15,000..................................................       20

$10,001-$15,000................................................       18

$7,501-$10,000.................................................       16

$5,001-7,500...................................................       12

$3501-$5,000...................................................       10

$2,001-$3,500..................................................        8

$1,000-$2,000..................................................        5

------------------------------------------------------------------------



    iii. Percent of units for seasonal, temporary, migrant housing. 

(five points for up to and including 50 percent of the units; 10 points 

for 51 percent or more units used for seasonal, temporary, or migrant 

housing.)

    iv. Presence of tenant services.

    (a) Up to 10 points will be awarded based on the presence of and 

extent to which a tenant services plan exists that clearly outlines 

services that will be provided to the residents of the proposed 

project. These services may include, but are not limited to, 

transportation related services, on-site English as a Second Language 

(ESL) classes, move-in funds, emergency assistance funds, homeownership 

counseling, food pantries, after school tutoring, and computer learning 

centers.

    (b) Two points will be awarded for each resident service included 

in the tenant services plan up to a maximum of 10 points. Plans must 

detail how the services are to be administered, who will administer 

them, and where they will be administered. All tenant service plans 

must include letters of intent that clearly state the service that will 

be provided at the project for the benefit of the residents from any 

party administering each service, including the applicant.

    v. Properties may receive points for Energy Conservation, Energy 

Generation and Green Property Management as follows:

    (a) New Construction Energy Conservation (maximum 32 points). New 

construction projects may be eligible for up to 32 points when the pre-

application includes a written certification by the applicant to 

participate in the following energy efficiency programs. The points 

will be allocated as follows:

    (1) Participation in the Department of Energy's Energy Star for 

Homes program (5 points). http://www.energystar.gov/index.cfm?c=bldrs_lenders_raters.nh_multifamily_units.

    (2) Participation in the Green Communities program by the 

Enterprise Community Partners. (5 points) http://www.greencommunitiesonline.org/tools/criteria/.

    (3) Participation in one of the following two programs will be 

awarded points for certification. Note: each program has four levels of 

certification. State the level of certification that the applicant 

plans to achieve in their certification:

     LEED for Homes program by the United States Green Building 

Council (USGBC): http://www.usgbc.org/homes

    [cir] Certified Level (4 points), OR

    [cir] Silver Level (6 points), OR

    [cir] Gold Level (8 points), OR

    [cir] Platinum Level (10 points), OR



[[Page 39818]]



     The National Association of Home Builders (NAHB) ICC 700-

2008 National Green Building Standard TM: http://www.nahb.org

    [cir] Bronze Level (4 points), OR

    [cir] Silver Level (6 points), OR

    [cir] Gold Level (8 points), OR

    [cir] Emerald Level (10 points).

    (4) Participation in local green/energy efficient building 

standards; Applicants, who participate in a city, county or 

municipality program, will receive an additional 1 point. The applicant 

should be aware and look for requirements that are sometimes embedded 

in the third-party program's rating and verification systems. (1 

point).

    (b) Energy Conservation for Purchase and Substantial Rehabilitation 

of an existing non-Farm labor Housing (FLH) property (maximum of 16 

points). Pre-applications for the purchase and substantial 

rehabilitation of non-program MFH and related facilities in rural areas 

may be eligible to receive a maximum of 16 points for the following 

initiatives.



    Note:  If you are participating in (1) the Green Communities 

program, you may not receive additional points for items listed 

under (2). In other words, you may participate in (1) and (3) below 

or (2) and (3):

    (1) Participation in the Green Communities program by the 

Enterprise Community Partners (http://www.enterprisecommunity.org) 

will be awarded 15 points for any project that qualifies for the 

program. (15 points) At least 30 percent of the points needed to 

qualify for the Green Communities program must be earned under the 

Energy Efficiency section of the Green Communities qualification 

program OR,

    (2) Energy conservation points can be awarded for the following 

energy conservation measures only when the applicant is not enrolled 

in Green Communities (maximum 10 points) and are listed in the 

preliminary plans for rehabilitation.

     Replacement of heating, ventilation and air 

conditioning (HVAC) equipment with Energy Star qualified HVAC 

equipment and 100 percent of water heaters to be installed are 

Energy Star quality. (2 points)

     Replacement of windows and doors with Energy Star 

qualified windows and doors. (1 point)

     Additional insulation is added to the property to 

exceed the required R-Value of those building elements in that area 

of the country per the International Energy Conservation Code 2009. 

One point will be awarded if all exterior walls exceed insulation 

code and 1 point will be awarded if attic insulation exceeds code 

for a maximum of 2 points. (2 points total)

     Reduction in building shell air leakage by at least 15 

percent as determined by pre- and post-rehab blower door testing on 

a sample of units. Building shell air leakage may be reduced through 

materials such as caulk, spray foam, gaskets, and house-wrap. 

Sealing of duct work with mastic, foil-backed tape, or aerosolized 

duct sealants can also help reduce air leakage. (2 points)

     100 percent of installed appliances and exhaust fans 

are Energy Star qualified. (1 point)

     100 percent of showerheads and faucets replaced with 

new showerheads and faucets with EPA Water Sense label and 100 

percent of toilets with flush capacity of more than 1.6 gallon flush 

capacity are replaced with new toilets with 1.6 gallon flush 

capacity or less, with EPA Water Sense label. (1 point)

     100 percent Energy-efficient lighting including Energy 

Star qualified fixtures, compact fluorescent replacement bulbs in 

standard incandescent fixtures, and Energy Star Ceiling Fans (1 

point) AND

    (3) Participation in local green/energy efficient building 

standards; Applicants, who participate in a city, county or 

municipality program, will receive an additional 1 point. The 

applicant should be aware and look for requirements that are 

sometimes embedded in the third-party program's rating and 

verification systems. (1 point)

    (c) Energy Generation (maximum 5 points). Pre-applications for 

new construction or purchase and substantial rehabilitation of non-

program multi-family projects which participate in the Green 

Communities program by the Enterprise Community Partners or receive 

at least 8 points for Energy Conservation measures are eligible to 

earn additional points for installation of on-site renewable energy 

sources. Renewable, on-site energy generation will complement a 

weather tight, well insulated building envelope with highly 

efficient mechanical systems. Possible renewable energy generation 

technologies include but are not limited to: wind turbines and 

micro-turbines, micro-hydro power, photovoltaics (capable of 

producing a voltage when exposed to radiant energy, especially 

light), solar hot water systems and biomass/biofuel systems that do 

not use fossil fuels in production. Geo-exchange systems are highly 

encouraged as they lessen the total demand for energy and, if 

supplemented with other renewable energy sources, can achieve zero 

energy consumption more easily. Points under this section will be 

awarded as follows:

    (1) Projects who's preliminary or rehabilitation building plans 

project it will provide on-site energy generation as described above 

which will provide at least 10 percent of estimated energy 

consumption needs for the project. (1 point), OR

    (2) Projects whose preliminary building plans and energy 

analysis project they will have a 30 percent to 100 percent energy 

generation commitment (where generation is considered to be the 

total amount of energy needed to be generated on-site to make the 

building a net-zero consumer of energy) may be awarded points as 

follows: 0 to 9 percent commitment to energy generation = 0 points; 

10 to 29 percent commitment to energy generation = 1 point; 30 to 49 

percent commitment to energy generation = 2 points; 50 to 69 percent 

commitment to energy generation = 3 points; 70 to 89 percent 

commitment to energy generation = 4 points; and 90 percent or more 

commitment to energy generation = 5 points. In order to receive more 

than 2 points for this section (Energy Generation) accurate energy 

analysis prepared by an engineer will need to be submitted with the 

pre-application. Energy analysis of preliminary building plans using 

industry-recognized simulation software must document the projected 

total energy consumption of the building, the portion of building 

consumption which will be satisfied through on-site generation, and 

the building's Home Energy Rating System (HERS) score.

    (d) Green Property Management Credentials (5 points). Pre-

applications for new construction or purchase and substantial 

rehabilitation of non-program multi-family projects may be awarded 

an additional 5 points if the designated property management company 

or individuals that will assume maintenance and operations 

responsibilities upon completion of construction work have a 

Credential for Green Property Management. Credentialing can be 

obtained from the National Apartment Association (NAA), National 

Affordable Housing Management Association, the Institute for Real 

Estate Management, U.S. Green Building Council's Leadership in 

Energy and Environmental Design for Operations and Maintenance (LEED 

OM), or another source with a certifiable credentialing program. 

Credentialing must be illustrated in the resume(s) of the property 

management team and included with the pre-application. (5 points)

    The National Office will rank all pre-applications nationwide 

and distribute funds to States in rank order, within funding and RA 

limits. A lottery in accordance with 7 CFR part 3560.56(c) (2) will 

be used for applications with tied point scores when they all cannot 

be funded. If insufficient funds or RA remain for the next ranked 

proposal, that applicant will be given a chance to modify their pre-

application to bring it within remaining funding levels. This will 

be repeated for each next ranked eligible proposal until an award 

can be made or the list is exhausted. Rural Development will notify 

all applicants whether their applications have been accepted or 

rejected and provide appeal rights under 7 CFR part 11, as 

appropriate.



VIII. Award Administration Information



A. Award Notices



    Loan applicants must submit their initial applications by the due 

date specified in this Notice. Once the applications have been scored 

and ranked by the National Office the National Office will advise 

States Offices of the proposals selected for further processing, State 

Offices will respond to applicants by letter.

    If the application is not accepted for further processing, the 

applicant will be notified of appeal rights under 7 CFR part 11.



B. Administrative and National Policy



    All Farm Labor Housing loans and grants are subject to the 

restrictive-use



[[Page 39819]]



provisions contained in 7 CFR part 3560.72(a)(2).



C. Reporting



    Borrowers must maintain separate financial records for the 

operation and maintenance of the project and for tenant services. 

Tenant services will not be funded by Rural Development. Funds 

allocated to the operation and maintenance of the project may not be 

used to supplement the cost of tenant services, nor may tenant service 

funds be used to supplement the project operation and maintenance. 

Detailed financial reports regarding tenant services will not be 

required unless specifically requested by Rural Development, and then 

only to the extent necessary for Rural Development and the borrower to 

discuss the affordability (and competitiveness) of the service provided 

to the tenant. The project audit, or verification of accounts on Form 

RD 3560-10, ``Borrower Balance Sheet,'' together with an accompanying 

Form RD 3560-7, ``Multiple Family Housing Project Budget Utility 

Allowance,'' showing actuals, must allocate revenue and expense between 

project operations and the service component.



IX. Agency Contacts



    Note:  Telephone numbers listed are not toll-free.



Alabama State Office, Suite 601, Sterling Centre, 4121 Carmichael Road, 

Montgomery, AL 36106-3683, (334) 279-3618, TDD (334) 279-3495, Vann 

McCloud.

Alaska State Office, 800 West Evergreen, Suite 201, Palmer, AK 99645, 

(907) 761-7723, TDD (907) 761-8905, Cindy Jackson.

Arizona State Office, Phoenix Courthouse and Federal Building, 230 

North First Ave., Suite 206. Phoenix, AZ 85003-1706, (602) 280-8768, 

TDD (602) 280-8706, Carol Torres.

Arkansas State Office, 700 W. Capitol Ave., Room 3416, Little Rock, AR 

72201-3225, (501) 301-3250, TDD (501) 301-3063, Greg Kemper.

California State Office, 430 G Street, 4169, Davis, CA 95616-

4169, (530) 792-5821, TDD (530) 792-5848, Debra Moretton.

Colorado State Office, USDA Rural Development, Denver Federal Center, 

Building 56, Room 2300, P.O. Box 25426, Denver, CO 80225-0426, (720) 

544-2923, TDD (800) 659-2656, Mary Summerfield.

Connecticut, Served by Massachusetts State Office.

Delaware and Maryland State Office, 1221 College Park Drive, Suite 200, 

Dover, DE 19904, (302) 857-3615, TDD (302) 857-3585, Debra Eason.

Florida & Virgin Islands State Office, 4440 NW. 25th Place, 

Gainesville, FL 32606-6563, (352) 338-3465, TDD (352) 338-3499, Tresca 

Clemmons.

Georgia State Office, Stephens Federal Building, 355 E. Hancock Avenue, 

Athens, GA 30601-2768, (706) 546-2164, TDD (706) 546-2034, Wayne 

Rogers.

Hawaii State Office, (Services all Hawaii, American Samoa, Guam, and 

Western Pacific), Room 311, Federal Building, 154 Waianuenue Avenue, 

Hilo, HI 96720 (808) 933-8305, TDD (808) 933-8321, Nate Reidel.

Idaho State Office, Suite A1, 9173 West Barnes Dr., 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, 

(317) 290-3100 (ext. 423), TDD (317) 290-3343, Paul Neumann.

Iowa State Office, 210 Walnut Street Room 873, Des Moines, IA 50309, 

(515) 284-4493, TDD (515) 284-4858, Heather Honkomp.

Kansas State Office, 1303 SW First American Place, Suite 100, Topeka, 

KS 66604-4040, (785) 271-2721, TDD (785) 271-2767, Mike Resnik.

Kentucky State Office, 771 Corporate Drive, Suite 200, Lexington, KY 

40503, (859) 224-7325, TDD (859) 224-7422, Paul Higgins.

Louisiana State Office, 3727 Government Street, Alexandria, LA 71302, 

(318) 473-7962, TDD (318) 473-7655, Yvonne R. Emerson.

Maine State Office, 967 Illinois Ave., Suite 4, PO Box 405, Bangor, ME 

04402-0405, (207) 990-9110, TDD (207) 942-7331, Bob Nadeau.

Maryland, Served by Delaware State Office.

Massachusetts, Connecticut, & Rhode Island State Office, 451 West 

Street, Amherst, MA 01002, (413) 253-4310, TDD (413) 253-4328, Richard 

Lavoie.

Michigan State Office, 3001 Coolidge Road, Suite 200, East Lansing, MI 

48823, (517) 324-5192, TDD (517) 337-6795, Julie Putnam.

Minnesota State Office, 375 Jackson Street Building, Suite 410, St. 

Paul, MN 55101-1853, (651) 602-7812, TDD (651) 602-7830, Tom Osborne.

Mississippi State Office, Federal Building, Suite 831, 100 W. Capitol 

Street, Jackson, MS 39269, (601) 965-4325, TDD (601) 965-5850, Darnella 

Smith-Murray.

Missouri State Office, 601 Business Loop 70 West, Parkade Center, Suite 

235, Columbia, MO 65203, (573) 876-0987, TDD (573) 876-9480, Rachelle 

Long.

Montana State Office, 2229 Boot Hill Court, Bozeman, MT 59715, (406) 

585-2515, TDD (406) 585-2562, Deborah Chorlton.

Nebraska State Office, Federal Building, Room 152, 100 Centennial Mall 

N, Lincoln, NE 68508, (402) 437-5734, TDD (402) 437-5093, Linda Anders.

Nevada State Office, 1390 South Curry Street, Carson City, NV 89703-

5146, (775) 887-1222 (ext. 25), TDD (775) 885-0633, William Brewer.

New Hampshire State Office, Concord Center, Suite 218, Box 317, 10 

Ferry Street, Concord, NH 03301-5004, (603) 223-6050, TDD (603) 229-

0536, Robert McCarthy.

New Jersey State Office, 5th Floor North Suite 500, 8000 Midlantic Dr., 

Mt. Laurel, NJ 08054, (856) 787-7740, TDD (856) 787-7784, George Hyatt, 

Jr.

New Mexico State Office, 6200 Jefferson St., NE., Room 255, 

Albuquerque, NM 87109, (505) 761-4944, TDD (505) 761-4938, Susan Gauna.

New York State Office, The Galleries of Syracuse, 441 S. Salina Street, 

Suite 357 5th Floor, Syracuse, NY 13202, (315) 477-6421, TDD (315) 477-

6421, Michael Bosak.

North Carolina State Office, 4405 Bland Road, Suite 260, Raleigh, NC 

27609, (919) 873-2066, TDD (919) 873-2003, Beverly Casey.

North Dakota State Office, Federal Building, Room 208, 220 East Rosser, 

PO Box 1737, Bismarck, ND 58502, (701) 530-2049, TDD (701) 530-2113, 

Kathy Lake.

Ohio State Office, Federal Building, Room 507, 200 North High Street, 

Columbus, OH 43215-2477, (614) 255-2409, TDD (614) 255-2554, Cathy 

Simmons.

Oklahoma State Office, 100 USDA, Suite 108, Stillwater, OK 74074-2654, 

(405) 742-1070, TDD (405) 742-1007, Tim Henderson.

Oregon State Office, 1201 NE Lloyd Blvd., Suite 801, Portland, OR 

97232, (503) 414-3353, TDD (503) 414-3387, Rod Hansen.

Pennsylvania State Office, One Credit Union Place, Suite 330, 

Harrisburg, PA 17110-2996, (717) 237-2281, TDD (717) 237-2261, Martha 

Hanson.

Puerto Rico State Office, 654 Munoz Rivera Avenue, IBM Plaza, Suite 

601, Hato Rey, PR 00918, (787) 766-5095 (ext. 249), TDD (787) 766-5332, 

Lourdes Colon.

Rhode Island, Served by Massachusetts State Office.

South Carolina State Office, Strom Thurmond Federal Building, 1835 

Assembly Street, Room 1007,



[[Page 39820]]



Columbia, SC 29201, (803) 253-3432, TDD (803) 765-5697, Larry D. Floyd.

South Dakota State Office, Federal Building, Room 210, 200 Fourth 

Street, SW., Huron, SD 57350, (605) 352-1132, TDD (605) 352-1147, Roger 

Hazuka or Pam Reilly.

Tennessee State Office, Suite 300, 3322 West End Avenue, Nashville, TN 

37203-1084, (615) 783-1375, TDD (615) 783-1397, Don Harris.

Texas State Office, Federal Building, Suite 102, 101 South Main, 

Temple, TX 76501, (254) 742-9765, TDD (254) 742-9712, Scooter 

Brockette.

Utah State Office, Wallace F. Bennett Federal Building, 125 S. State 

Street, Room 4311, Salt Lake City, UT 84147-0350, (801) 524-4325, TDD 

(801) 524-3309, Janice Kocher.

Vermont State Office, City Center, 3rd Floor, 89 Main Street, 

Montpelier, VT 05602, (802) 828-6021, TDD (802) 223-6365, Heidi Setien.

Virgin Islands, Served by Florida State Office.

Virginia State Office, Culpeper Building, Suite 238, 1606 Santa Rosa 

Road, Richmond, VA 23229, (804) 287-1596, TDD (804) 287-1753, CJ 

Michels.

Washington State Office, 1835 Black Lake Blvd., Suite B, Olympia, WA 

98512, (360) 704-7706, TDD (360) 704-7760, Bill Kirkwood.

Western Pacific Territories, Served by Hawaii State Office.

West Virginia State Office, Federal Building, 75 High Street, Room 320, 

Morgantown, WV 26505-7500, (304) 284-4872, TDD (304) 284-4836, David 

Cain.

Wisconsin State Office, 4949 Kirschling Court, Stevens Point, WI 54481, 

(715) 345-7676, TDD (715) 345-7614, Cheryl Halverson.

Wyoming State Office, PO Box 11005, Casper, WY 82602, (307) 233-6716, 

TDD (307) 233-6733, Timothy Brooks.



VIII. Non-Discrimination Statement



    The U.S. Department of Agriculture (USDA) prohibits discrimination 

in all its programs and activities on the basis of race, color, 

national origin, age, disability, and where applicable, sex, marital 

status, familial status, parental status, religion, sexual orientation, 

genetic information, political beliefs, reprisal, or because all or 

part of an individual's income is derived from any public assistance 

program. (Not all prohibited bases apply to all programs) Persons with 

disabilities who require alternative means for communication of program 

information (Braille, large print, audiotape, etc.) should contact 

USDA's TARGET Center at (202) 720-2600 (voice and TDD).

    To file a complaint of discrimination, write to USDA, Director, 

Office of Civil Rights, 1400 Independence Avenue, SW., Washington, DC 

20250-9410, or call (800) 795-3272 (voice) or (202) 720-6382 (TDD). 

USDA is an equal opportunity provider and employer.



    Dated: June 30, 2011.

Tammye Trevi[ntilde]o,

Administrator, Rural Housing Service.

[FR Doc. 2011-17110 Filed 7-6-11; 8:45 am]

BILLING CODE 3410-XV-P