[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
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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