[Federal Register Volume 78, Number 157 (Wednesday, August 14, 2013)]
[Notices]
[Pages 49460-49467]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-19774]


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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) 2013

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-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 
Notice is 5:00 p.m., local time to the appropriate Rural Development 
State Office on September 13, 2013. 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 the 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 1243-S), USDA Rural Development, 1400 Independence 
Avenue SW., Washington, DC 20250-0781, telephone: (202) 720-1753 (this 
is not a toll free number.), or via email: 
[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 email: 
[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 2013.
    Announcement Type: Initial Notice inviting applications from 
qualified applicants for Fiscal Year 2013.

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 5:00 p.m., local time to the appropriate Rural Development 
State Office on September 13, 2013. 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 the 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

    The funds available for FY 2013 for Off-Farm Labor Housing are 
$29,867,012 for Section 514 loans, $8,515,166 for Section 516 grants 
and $951,200 for FLH Rental Assistance.

II. Award Information

    Applications will only be accepted through the date and time listed 
in this Notice. All awards are subject to availability of funding. 
Individual requests may not exceed $2 million (total loan and grant). 
No State may receive more than 30 percent of available FLH funding 
distributed in FY 2013. 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 3560.11.
    If leveraged funds are going to be used and are in the form of tax 
credits, the applicant must include in its pre-application written 
evidence that a tax credit application has been submitted and accepted 
by the Housing Finance Agency (HFA). All applications that will receive 
any other sort of leveraged funding must have firm commitments in

[[Page 49461]]

place for all of the leveraged funding within 18 months of the issuance 
of a ``Notice of Preapplication Review Action,'' Handbook Letter 103 
(3560). Applicants without written evidence that a tax credit 
application has been submitted and accepted by the HFA must certify in 
writing they will apply for tax credits to the HFA within 18 months of 
the issuance of a ``Notice of Pre-application Review Action.''
    Rental assistance (RA) and operating assistance will be available 
for new construction in FY 2013. Operating assistance is explained at 7 
CFR 3560.574 and may be used in lieu of tenant-specific RA in off-farm 
labor housing projects that serve migrant farm workers as defined in 7 
CFR 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 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 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 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 Sections 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 non-profit organization, including 
community and faith-based organizations, a non-profit organization of 
farm workers, a federally recognized Indian tribe, an agency or 
political subdivision of a State or local government, or a public 
agency (such as a housing authority). The applicant must be able to 
contribute at least one-tenth of the TDC from non-Rural Development 
resources which can include leveraged funds.
    2. To be eligible to receive a Section 514 loan for off-farm FLH, 
the applicant must be a broad-based non-profit organization, including 
community and faith-based organizations, a non-profit organization of 
farm workers, a federally recognized Indian tribe, an agency or 
political subdivision of a State or local government, a public agency 
(such as a housing authority), or a limited partnership which has a 
non-profit entity as its general partner, and
    i. Be unable to provide the necessary housing from its own 
resources;
    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 non-profit 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) 
and 7 CFR 3052, which establishes the uniform administrative and audit 
requirements for grants and cooperative agreements to State and local 
governments and to non-profit organizations;
    3. 7 CFR part 1901, subpart F, regarding historical and 
archaeological properties;
    4. 7 CFR part 1940, subpart G, regarding environmental assessments;
    5. 7 CFR part 3560, subpart L, regarding the loan and grant 
authorities of the off-farm FLH program;
    6. 7 CFR part 1924, subpart A, regarding planning and performing 
construction and other development;
    7. 7 CFR part 1924, subpart C, regarding the planning and 
performing of site development work;
    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 Sections 514/516 off-farm FLH program; and
    10. Please note that grant applicants must obtain a Dun and 
Bradstreet Data Universal Numbering System (DUNS) number and maintain 
registration in the Central Contractor Registration Central Contractor 
Registration (CCR) prior to submitting a pre-application pursuant to 2 
CFR 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 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 170.200(b).

V. Application and Submission Information

A. Pre-Application Submission

    The application process will be in two phases: The initial pre-
application (or proposal) and the submission of a final application. 
Only those pre-applications or 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 for further processing. All pre-applications for Sections 514 
and 516 funds must be filed with the appropriate Rural Development 
State Office and must meet the requirements of this Notice. Incomplete 
pre-applications will not be reviewed and will be returned to the 
applicant. No pre-application will be accepted after 5 p.m., local time 
to the appropriate Rural Development State Office on October 15, 2013 
unless date and time are extended by another Notice published in the 
Federal Register.

[[Page 49462]]

    Pre-applications can be submitted either electronically using the 
FLH Pre-application form found at: [http://www.rurdev.usda.gov/HAD-Farm_Labor_Grants.html] 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 electronic form contains 
a button labeled ``Send Form.'' By clicking on the button, the 
applicant will receive an email with an attachment that includes the 
electronic form the applicant filled out as a data file with a .PDF 
extension. In addition, an auto-reply acknowledgement will be sent to 
the applicant when the electronic Loan Proposal form is received by the 
Agency unless the sender has software that will block the receipt of 
the auto-reply email. The State Office will record pre-applications 
received electronically by the actual date and time when all 
attachments are received at the State Office.
    Submission of the electronic Section 514 Loan Proposal form does 
not constitute submission of the entire proposal package which requires 
additional forms and supporting documentation as listed within this 
Notice. You may use one of the following three options for submitting 
the entire proposal package comprising of all required forms and 
documents. On the Loan Proposal form you can indicate the option you 
will be using to submit each required form and document.
    1. Electronic Media Option. Submit all forms and documents as read-
only Adobe Acrobat files on 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 media should be submitted to the Rural Development State 
Office listed in this Notice where the property is located. Any forms 
and documents that are not sent electronically, including the check for 
credit reports, must be mailed to the Rural Development State Office.
    2. Email Option. On the Loan Proposal form you will be asked for a 
Submission Email Address. This email address will be used to establish 
a folder on the USDA server with your unique email address. Once the 
Loan Proposal form is processed, you will receive an additional email 
notifying you of the email address that you can use to email your forms 
and documents. Please Note: All forms and documents must be emailed 
from the same Submission Email Address. This will ensure that all forms 
and documents that you send will be stored in the folder assigned to 
that email address. Any forms and documents that are not sent in via 
the email option must be submitted on an electronic media or in hard 
copy form to the Rural Development State Office.
    3. Hard Copy Submission to the Rural Development State Office. If 
you are unable to send the proposal package electronically using either 
of the options listed above, you may send a hard copy of all forms and 
documents to the USDA Rural Development State Office where the property 
is located. 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 5:00 p.m., local 
time, October 15, 2013. Assistance for filing electronic and hard copy 
pre-applications can be obtained from any Rural Development State 
Office.
    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.
    If you receive a loan or grant award under this Notice, 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.

B. 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 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 (866) 705-5711 or 
via Internet at http://www.dnb.com/. Additional information concerning 
this requirement can be obtained on the Grants.gov Web site at 
www.grants.gov. Similarly, applicants may register for the CCR at: 
https://www.uscontractorregistration.com/or by calling (877) 252-2700.
    ii. Awards made under this Notice are subject to the provisions 
contained in the Consolidated and Further Continuing Appropriations 
Act, 2013, Public Law 113-6, Division A sections 732 and 733 regarding 
corporate felony convictions and corporate federal tax delinquencies. 
To comply with these provisions, all applicants must complete and 
include in the pre-application paragraph (a) of this representation, 
and all corporate applicants also must complete paragraphs (b) and (c) 
of this representation:
    (a) Applicant ----------------[insert applicant name] is---- is 
not----(check one) and entity that has filed articles of incorporation 
in one of the fifty states, the District of Columbia, or the various 
territories of the United States including American Samoa, Federated 
States of Micronesia, Guam, Midway Islands, Northern Mariana Islands, 
Puerto Rico, Republic of Palau, Republic of the Marshall Islands, and 
U.S. Virgin Islands.
    (b) Applicant----------------[insert applicant name] has----has 
not----(check one) been convicted of a felony criminal violation under 
Federal or state law in the 24 months preceding the date of 
application. Applicant has---- has not----(check one) had any officer 
or agent of the Applicant convicted of a felony criminal violation for 
actions taken on behalf of the Applicant under Federal or State law in 
the 24 months preceding the date of the signature on the pre-
application.
    (c) Applicant----------------[insert applicant name] has----does 
not have ----(check one) any unpaid Federal tax liability that has been 
assessed, for which all judicial and administrative

[[Page 49463]]

remedies have been exhausted or have lapsed, and that is not being paid 
in a timely manner pursuant to an agreement with the authority 
responsible for collecting the tax liability.
    iii. 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.
    iv. 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.
    v. For loan pre-applications, current (within 6 months of pre-
application date) 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.

    vi. 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.
    vii. 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.)
    viii. If a FLH grant is desired, a statement concerning the need 
for a FLH grant. The statement should include preliminary estimates of 
the rents required with and without a grant.
    ix. 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).
    x. 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 3560.11.
    xi. 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.
    xii. A preliminary market survey or market study to identify the 
supply and demand for labor housing in the market area. The market area 
must be clearly identified and may include only the area from which 
tenants can reasonably be drawn for the proposed project. Documentation 
must be provided to justify a need within the intended market area for 
the housing of ``domestic farm laborers,'' as defined in 7 CFR 3560.11. 
The documentation must take into account disabled and retired farm 
workers. The preliminary survey should address or include the following 
items:
    (a) The annual income level of farmworker families in the area and 
the probable income of the farm workers 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.)
    xiii. The applicant must submit a checklist, certification, and 
signed affidavit by the project architect or engineer, as applicable, 
for any energy programs listed in Section IV the applicant intends to 
participate in.
    xiv. 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://forms.sc.egov.usda.gov/efcommon/eFileServices/eForms/RD1940-20.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://portal.hud.gov/hudportal/documents/huddoc?id=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://forms.sc.egov.usda.gov/efcommon/eFileServices/eForms/RD3560-7.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/

[[Page 49464]]

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.PDFRD3560-31.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 Rental Assistance (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, ``Application for Federal 
Assistance,'' 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. Applications from federally recognized Indian tribes are not 
subject to this requirement.
    xv. 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.
    xvi. 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.
    xvii. A supportive services plan, which describes services that 
will be provided on-site or made available to tenants through 
cooperative agreements with service providers in the community, such as 
a health clinic or day care facility. Off-site services must be 
accessible and affordable to farm workers and their families. Letters 
of intent from service providers are acceptable documentation at the 
pre-application stage.
    xviii. 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.
    xix. 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.
    xx. 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;
    xxi. Evidence of compliance with the requirements of the applicable 
State Housing Preservation Office (SHPO), and/or Tribal Historic 
Preservation Officer (THPO). A letter from the SHPO and/or THPO 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 Rural Development State 
Office will base its determination of completeness of the application 
and the eligibility of each applicant on the information provided in 
the pre-application.
    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. Rural Development State 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 10 
percent cost savings is required to earn points; however, if the total 
percentage of cost savings is less than 10 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, the 
applicant must submit written evidence from the third-party funder that 
an application for those funds has been submitted and accepted 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
0-9............................................................        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 5 
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 x 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
$3,501-$5,000.................................................        10
$2,001-$3,500.................................................         8
$1,000-$2,000.................................................         5
------------------------------------------------------------------------


[[Page 49465]]

    iii. Percent of units for seasonal, temporary, migrant housing. (5 
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. Energy Initiative Properties.
    (a) Energy Initiatives: Properties may receive a total maximum of 
65 points for energy initiatives. Depending on the scope of work, 
properties may earn ``energy initiative'' points in one of two 
categories: (1) New Construction or Purchase and Gut Rehabilitation of 
an Existing Non-Farm Labor Housing Building, or (2) General 
Rehabilitation. Projects will be eligible for one category of the two, 
but not both. The project architect's affidavit should specify which 
category is applicable.
    Properties in any category also may receive points for Energy 
Generation and Green Property Management.
    Energy programs including LEED for Homes, Green Communities, etc., 
will each have an initial checklist indicating prerequisites for 
participation in its energy program. The applicable energy program 
checklist will establish whether prerequisites for the energy program's 
participation will be met. All checklists must be accompanied by a 
signed affidavit by the project architect or engineer stating that the 
goals are achievable. The checklist and affidavit must be submitted 
together with the loan application.
    (1) Energy Conservation for New Construction or Purchase and Gut 
Rehabilitation of an Existing Non-Farm Labor Housing Building (maximum 
55 points). Projects may be eligible for up to 55 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:
     Participation in the EPA's Energy Star for Homes V3 
program. (20 points) http://www.energystar.gov/index.cfm?c=bldrs_lenders_raters.pt_bldr
OR

     Participation in the Green Communities program by the 
Enterprise Community Partners. (30 points) http://www.enterprisecommunity.com/solutions-and-innovation/enterprise-green-communities.

OR
     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 will achieve in their 
certification:
     LEED for Homes program by the United States Green Building 
Council (USGBC): http://www.usgbc.org/homes.

--Certified Level (30 points), OR
--Silver Level (35 points), OR
--Gold Level (40 points), OR
--Platinum Level (45 points),
    Applicant must state the level of certification that the 
applicant's plans will achieve in their certification in its 
preapplication.
OR
     The National Association of Home Builders (NAHB) ICC 700-
2008 National Green Building Standard TM: www.nahb.org.

--Bronze Level (30 points), OR
--Silver Level (35 points), OR
--Gold Level (40 points), OR
--Emerald Level (45 points).
    Applicant must state the level of certification that the 
applicant's plans will achieve in their certification in its 
preapplication.

AND
     Participation in the Department of Energy's Builder's 
Challenge program. (8 points) http://www1.eere.energy.gov/buildings/challenge/

AND
     Participation in local green/energy efficient building 
standards; Applicants who participate in a city, county or municipality 
program, will receive an additional 2 points.
    (2) Energy Conservation for General Rehabilitation (maximum 32 
points). Pre-applications for the purchase and rehabilitation of non-
program Multi-Family Housing (MFH) and related facilities in rural 
areas may be eligible to receive 32 points when the pre-application 
includes a written certification by the applicant to participate in one 
of the following energy efficiency programs. Again, the certification 
must be accompanied by a signed affidavit by the project architect or 
engineer stating that the goals are achievable. Points will be award as 
follows:
     Participation in the Green Communities program by the 
Enterprise Community Partners. (30 points) http://www.enterprisecommunity.com/solutions-and-innovation/enterprise-green-communities. At least 30 percent of the points needed to qualify for 
the Green Communities program must be earned under the Energy 
Efficiency section of Green Communities.

AND
     Participation in local green/energy efficient building 
standards; Applicants who participate in a city, county or municipality 
program, will receive an additional 2 points. The applicant should be 
aware of and look for additional requirements that are sometimes 
embedded in the third-party program's rating and verification systems. 
(2 points)
    (b) Energy Generation (maximum 5 points). Pre-applications for new 
construction or purchase and rehabilitation of non-program multi-family 
projects which participate in the Energy Star for Homes V3 Program, 
Green Communities, LEED for Homes or NAHB's National Green Building 
Standard (ICC-700) 2008, receive at least 8 points for Energy 
Conservation measures (if limited rehabilitation only) in the point 
allocations above are eligible to earn additional points for 
installation of on-site renewable energy sources. In order to receive 
more than 1 point for this energy generation section, an 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 the 
building consumption which will be satisfied through on-site 
generation, and the building's Home Energy Rating System (HERS) score.
    Projects with an energy analysis of the preliminary or 
rehabilitation building plans that propose a 10 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) will be awarded points as 
follows:

[[Page 49466]]

     (a) 0 to 9 percent commitment to energy generation 
receives 0 points;
     (b) 10 to 29 percent commitment to energy generation 
receives 1 point;
     (c) 30 to 49 percent commitment to energy generation 
receives 2 points;
     (d) 50 to 69 percent commitment to energy generation 
receives 3 points;
     (e) 70 to 89 percent commitment to energy generation 
receives 4 points;
     (f) 90 percent or more commitment to energy generation 
receives 5 points.
    (c) Property Management Credentials (5 points). 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.
    The National Office will rank all pre-applications nationwide and 
distribute funds to States in rank order, within funding and RA limits. 
A lottery in accordance with 7 CFR 3560.56(c)(2) will be used for 
applications with tied point scores when they all cannot be funded. If 
insufficient funds or RA remain for the next ranked proposal, that 
applicant will be given a chance to modify their pre-application to 
bring it within remaining funding levels. This will be repeated for 
each next ranked eligible proposal until an award can be made or the 
list is exhausted. Rural Development will notify all applicants whether 
their applications have been accepted or rejected and provide appeal 
rights under 7 CFR part 11, as appropriate.

VII. 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 provisions contained in 7 CFR 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 actual,] must allocate revenue and expense 
between project operations and the service component.

VIII. Equal Opportunity and Non-Discrimination Requirements

    Borrowers and applicants will comply with the provisions of 7 CFR 
3560.2. All housing must meet the accessibility requirements found at 7 
CFR 3560.60(d). All applicants must submit or have on file a valid Form 
RD 400-1, ``Equal Opportunity Agreement,'' and Form RD 400-4, 
``Assurance Agreement.''
    The U.S. Department of Agriculture prohibits discrimination against 
its customers, employees, and applicants for employment on the basis of 
race, color, national origin, age, disability, sex, gender identity, 
religion, reprisal, and where applicable, political beliefs, marital 
status, familial or parental status, sexual orientation, or all or part 
of an individual's income is derived from any public assistance 
program, or protected genetic information in employment or in any 
program or activity conducted or funded by the Department. (Not all 
prohibited bases will apply to all programs and/or employment 
activities.)
    If you wish to file an employment complaint, you must contact your 
Agency's EEO Counselor (PDF) within 45 days of the date of the alleged 
discriminatory act, event, or in the case of a personnel action. 
Additional information can be found online at: http://www.ascr.usda.gov/complaint_filing_file.html.
    If you wish to file a Civil Rights program complaint of 
discrimination, complete the USDA Program Discrimination Complaint Form 
(PDF), found online at: http://www.ascr.usda.gov/complaint_filing_cust.html, or any USDA office, or call (866) 632-9992 to request the 
form. You may also write a letter containing all of the information 
requested in the form. Send your completed complaint form or letter to 
us by mail at U.S. Department of Agriculture, Director, Office of 
Adjudication, 1400 Independence Avenue SW., Washington, DC 20250-9410, 
by fax (202) 720-7442 or email at: [email protected].
    Individuals who are deaf, hard of hearing or have speech 
disabilities and you wish to file either an EEO or program complaint 
please contact USDA through the Federal Relay Service at (800) 877-8339 
or (800) 845-6136 (in Spanish).
    Persons with disabilities, who wish to file a program complaint, 
please see information above on how to contact us by mail directly or 
by email. If you require alternative means of communication for program 
information (e.g., Braille, large print, audiotape, etc.) please 
contact USDA's TARGET Center at (202) 720-2600 (voice and TDD).

IX. USDA Rural Development MFH State Office Contacts

(Note: Telephone numbers listed are not toll-free.)

Alabama State Office, Suite 601, Sterling Centre, 121 Carmichael 
Road, Montgomery, AL 36106-3683, (334) 279-3455, Anne Chavers
Alaska State Office, 800 West Evergreen, Suite 201, Palmer, AK 
99645, (907) 761-7723, Cindy Jackson
Arizona State Office, Phoenix Courthouse and Federal Building, 230 
North First Avenue, Suite 206, Phoenix, AZ 85003-1706, (602) 280-
8764, Ernie Wetherbee
Arkansas State Office, 700 W. Capitol Avenue, Room 3416, Little 
Rock, AR 72201-3225, (501) 301-3254, Jackie Young
California State Office, 430 G Street, 4169, Davis, CA 
95616-4169, (530) 792-5821, Debra Moretton
Colorado State Office, USDA Rural Development, Denver Federal 
Center, Building 56, Room 2300, P.O. Box 25426, Denver, CO 80225-
0426, (720) 544-291, Jamie Spakow

Connecticut

Served by Massachusetts State Office

Delaware and Maryland State Office, 1221 College Park Drive, Suite 
200, Dover, DE 19904, (302) 857-3615, Debra Eason

[[Page 49467]]

Florida & Virgin Islands State Office, 4440 NW. 25th Place, 
Gainesville, FL 32606-6563, (352) 338-3465, Tresca Clemmons
Georgia State Office, Stephens Federal Building, 355 E. Hancock 
Avenue, Athens, GA 30601-2768, (706) 546-2164, Jack Stanek
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, Nate Reidel
Idaho State Office, Suite A1, 9173 West Barnes Drive, Boise, ID 
83709, (208) 378-5628, Joyce Weinzetl
Illinois State Office, 2118 West Park Court, Suite A, Champaign, IL 
61821-2986, (217) 403-6222, Barry L. Ramsey
Indiana State Office, 5975 Lakeside Boulevard, Indianapolis, IN 
46278, (317) 290-3100, ext. 425, Douglas Wright
Iowa State Office, 210 Walnut Street, Room 873, Des Moines, IA 
50309, (515) 284-4493, Shannon Chase
Kansas State Office, 1303 SW First American Place, Suite 100, 
Topeka, KS 66604-4040, (785) 271-2721, Mike Resnik
Kentucky State Office, 771 Corporate Drive, Suite 200, Lexington, KY 
40503, (859) 224-7325, Paul Higgins
Louisiana State Office, 3727 Government Street, Alexandria, LA 
71302, (318) 473-7962, Yvonne R. Emerson
Maine State Office, 967 Illinois Avenue, Suite 4, P.O. Box 405, 
Bangor, ME 04402-0405, (207) 990-9110, Bob Nadeau

Maryland

Served by Delaware State Office

Massachusetts, Connecticut, & Rhode Island State Office, 451 West 
Street, Amherst, MA 01002, (413) 253-4310, Richard Lavoie
Michigan State Office, 3001 Coolidge Road, Suite 200, East Lansing, 
MI 48823, (517) 324-5192, Julie Putnam
Minnesota State Office, 375 Jackson Street Building, Suite 410, St. 
Paul, MN 55101-1853, (651) 602-7820, Linda Swanson
Mississippi State Office, Federal Building, Suite 831, 100 W. 
Capitol Street, Jackson, MS 39269, (601) 965-4325, Darnella Smith-
Murray
Missouri State Office, 601 Business Loop 70 West, Parkade Center, 
Suite 235, Columbia, MO 65203, (573) 876-0987, Rachelle Long
Montana State Office, 2229 Boot Hill Court, Bozeman, MT 59715, (406) 
585-2515, Deborah Chorlton
Nebraska State Office, Federal Building, Room 152, 100 Centennial 
Mall N, Lincoln, NE 68508, (402) 437-5734, Linda Anders
Nevada State Office, 1390 South Curry Street, Carson City, NV 89703-
5146, (775) 887-1222, ext. 105, William Brewer
New Hampshire State Office, Concord Center, Suite 218, Box 317, 10 
Ferry Street, Concord, NH 03301-5004, (603) 223-6050, Heidi Setien
New Jersey State Office, 5th Floor North Suite 500, 8000 Midlantic 
Drive, Mt. Laurel, NJ 08054, (856) 787-7732, Neil Hayes
New Mexico State Office, 6200 Jefferson Street NE., Room 255, 
Albuquerque, NM 87109, (505) 761-4945, Yvette Wilson
New York State Office, The Galleries of Syracuse, 441 S. Salina 
Street, Suite 357 5th Floor, Syracuse, NY 13202, (315) 477-6421, 
Michael Bosak
North Carolina State Office, 4405 Bland Road, Suite 260, Raleigh, NC 
27609, (919) 873-2055, Beverly Casey
North Dakota State Office, Federal Building, Room 208, 220 East 
Rosser, P.O. Box 1737, Bismarck, ND 58502, (701) 530-2049, Kathy 
Lake
Ohio State Office, Federal Building, Room 507, 200 North High 
Street, Columbus, OH 43215-2477, (614) 255-2409, Cathy Simmons
Oklahoma State Office, 100 USDA, Suite 108, Stillwater, OK 74074-
2654, (405) 742-1070, Laurie Ledford
Oregon State Office, 1201 NE Lloyd Boulevard, Suite 801, Portland, 
OR 97232, (503) 414-3353, Rod Hansen
Pennsylvania State Office, One Credit Union Place, Suite 330, 
Harrisburg, PA 17110-2996, (717) 237-2281, Martha Hanson
Puerto Rico State Office, 654 Munoz Rivera Avenue, IBM Plaza, Suite 
601, Hato Rey, PR 00918, (787) 766-5095, ext. 249, Lourdes Colon

Rhode Island

Served by Massachusetts State Office

South Carolina State Office, Strom Thurmond Federal Building, 1835 
Assembly Street, Room 1007, Columbia, SC 29201, (803) 765-5122, Tim 
Chandler
South Dakota State Office, Federal Building, Room 210, 200 Fourth 
Street SW., Huron, SD 57350, (605) 352-1136, Linda Weber
Tennessee State Office, 3322 West End Avenue, Suite 300, Nashville, 
TN 37203-1084, (615) 783-1380, Kathy Connelly
Texas State Office, Federal Building, Suite 102, 101 South Main, 
Temple, TX 76501, (254) 742-9711, John Kirchhoff
Utah State Office, Wallace F. Bennett Federal Building, 125 S. State 
Street, Room 4311, Salt Lake City, UT 84147-0350, (801) 524-4325, 
Janice Kocher
Vermont State Office, City Center, 3rd Floor, 89 Main Street, 
Montpelier, VT 05602, (802) 828-6015, Robert McDonald

Virgin Islands

Served by Florida State Office

Virginia State Office, Culpeper Building, Suite 238, 1606 Santa Rosa 
Road, Richmond, VA 23229, (804) 287-1596, CJ Michels
Washington State Office, 1835 Black Lake Boulevard, Suite B, 
Olympia, WA 98512, (360) 704-7706, 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) 372-3441, ext. 105, Penny 
Thaxton
Wisconsin State Office, 4949 Kirschling Court, Stevens Point, WI 
54481, (715) 345-7620, ext. 157, Debbie Biga
Wyoming State Office, P.O. Box 11005, Casper, WY 82602, (307) 233-
6716, Timothy Brooks

    Dated: August 7, 2013.
Tammye Trevi[ntilde]o,
Administrator, Rural Housing Service.
[FR Doc. 2013-19774 Filed 8-13-13; 8:45 am]
BILLING CODE 3410-XV-P